House of Lords: Reform

Baroness Boothroyd Excerpts

Tuesday 21st June 2011 Lords Chamber

[Baroness Boothroyd]

My Lords, the draft Bill before us confirms my worst fears. Never in my experience has an institution at the heart of the British constitution been marked down for destruction on such spurious grounds. Never in all my years in public life has the bicameral role of our Parliament been so wantonly put at risk by such disregard of the nation’s best interests.

In one of his interviews last week, the noble Lord, Lord Strathclyde, talked about reaching a milestone in history—if only that were true. Instead of a milestone, I foresee a millstone around the necks of future generations if this House is mangled in this way. In their joint foreword to the draft Bill, the Prime Minister and Deputy Prime Minister repeat the fallacies on which their coalition agreement on this issue is based. There can be no misunderstanding of what is at stake. This is not reform of the House of Lords, as they would have us believe. They are set on abolishing this House. If this draft Bill becomes law in any shape or form, it will wreck this place as a deliberative assembly and tear up the roots that make it the most effective revising Chamber in the world. Worse still, the balance between our two Houses, which has already been touched on by many of your Lordships, on which our democracy and the rule of law depends, will be lost for ever.

Why is this? Is it because the Government’s muddled thinking stems from the argument that both Chambers must be elected in order to be legitimate? That is the only reason offered. No other reason is on offer. It is certainly not the inability of Members of this House to do their job to the highest standards. The foreword admits as much, when it says:

“The House of Lords and its existing members have served the country with distinction”.

Mr Clegg, the chief advocate of the demise of this House, acknowledged our “wisdom and expertise” when the Commons debated the draft Bill last month. I tell noble Lords that if this House was judged on its record in a court of law, our acquittal would be sure and swift.

So what is the problem? I refer again to the foreword, which claims that we lack “sufficient democratic authority” —nothing more. According to Mr Clegg, our fatal flaw is that we are not directly accountable to the British people. That is absolutely true, but nor are the monarchy, the judiciary, the chiefs of the armed services, the Prime Minister, his deputy Mr Clegg or—let us face it—the Cabinet directly accountable. We in this House must be resolute in our determination and ready to resist, come what may from that government Front Bench.

The Government already hint at using their powers of duress to get their way, but I warn them that they will not overcome the growing scepticism on all sides in both Houses and outside by cajoling Back-Benchers or rattling the Parliament Act in front of our noses. Legitimacy works both ways. Legitimate questions were asked for which Members had no convincing answers during the many debates in this House on the House of Lords Reform Bill proposed by the noble Lord, Lord Steel. I again ask in the simplest and most mundane terms that I can command: in what way would the nation benefit and parliamentary proceedings be enhanced by the abolition of this House of experts and experience, and its replacement by a senate of paid politicians? I am an optimist. I live in hope of an answer from the Government before the end of this two-day debate—thank you.

The phrase “If it ain’t broke, don’t mend it” is still true. That is why we celebrate great national events adorned with pageantry and why the State Opening of Parliament takes place in this Chamber. I note that there is no move to scrap that. Why? It is because they do not dare to abolish that. Their sole aim is to preserve the coalition for five years, create 300 jobs for the boys and girls on the party lists, and send us as quietly as possible salami-style to the knackers’ yard.

The draft Bill’s proposals for electing the new breed of Peers—or perhaps I should say the new breed of senators—are the most disjointed and disconnected possible. Under the terms of the draft Bill, elected Peers and MPs will be accountable to the electorate but some will be more accountable than others. Does that not smack of George Orwell’s Animal Farm? The Labour Front Bench in the Commons dismissed the whole process as a huge anti-climax and the Back-Benchers called it a tatty roadshow, a constitutional version of fantasy football and a bag of fudge. The Tories were also restless.

No wonder the Leader of the House, the noble Lord, Lord Strathclyde, doubts the chances of the Bill getting through by 2015, as he stated in his interview last Saturday with the Financial Times. Mr Clegg, too, dismissed the public’s indifference in a way he may regret. He said:

“The fact that an issue is not raised with us by our constituents does not mean that it is not worthy of debate”.—[Official Report, Commons, 17/5/11; col. 161.]

But the Government are losing the debate. The Government’s Bill is so loosely drafted, so full of non sequiturs and internal contradictions that the Deputy Prime Minister himself admitted in the Commons debate that it represents no more than the Government’s,

“best guess of what would work legislatively”.—[Official Report, Commons, 17/5/11; col. 172.]

My Lords, that takes my breath away. What an extraordinary comment to make on an issue of major constitutional importance. The governance of this country cannot depend on best guesses and burnt-out obsessions that have no relevance or public resonance.

I have no doubt that the Joint Committee will do its best, and I wish it well, but any attempt to cajole it will only further expose the weaknesses of the Government’s position. I have tabled my Motion because I believe that the Government should withdraw their destructive proposals and build on the Steel Bill on reform of this House and the relevant Select Committee reports. That would improve the way this House works within the existing legislation and conventions. Surely we cannot gamble with the constitution and Parliament’s future on the basis of the coalition’s best guesses.