House of Lords: Reform

Baroness Brinton Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Baroness Brinton]

My Lords, yesterday my noble friend Lord Ashdown of Norton-sub-Hamdon made arguments for legitimacy through democratic elections. I believe his arguments are unanswerable and I wish to echo the sentiment. A noble Lord commented afterwards that all Liberal Democrat candidates would write down his speech and deliver it in hustings over the next few years. There have also been comments that nobody outside this House is interested in possible reform.

When the coalition document was published last year, I had not just telephone calls but an irate voter in Watford, where I had stood for Parliament, knocking on the door to say that the coalition document was not strong enough on reform of the House of Lords. I hasten to point out that this was not a Liberal Democrat member but a member of the public who had heard me espousing the reasons that this Chamber should become fully elected at various hustings; it also came up during questions at those hustings. For some people—more than we suspect, I think—reform is an important issue.

I wish to make clear that my personal view is that I support 100 per cent elected, and I agree with the sentiments expressed earlier by the noble Lord, Lord Davies of Stamford. However, I am more of a pragmatist than him and suspect that the draft Bill’s proposal of 80 per cent will move us in the right direction while retaining the expertise of the Cross-Benchers. I will come back to that in a minute.

The noble Lord, Lord Davies of Stamford, also referred to the issue of constituencies. It is important to recognise that with any list system on a regional basis, the constituency work of MEPs is very different from the constituency work of MPs in the other place. It is simply the nature of the geography: if you are a Member for a large region you will not have the close contact that you do with constituents in a smaller constituency.

[Lord Davies of Stamford]

Does the noble Baroness, Lady Brinton, agree that the difference is that MEPs are elected to handle issues falling under the jurisdiction of the EU? In the case of the Lords and the Commons—or in the future, elected Lords and the Commons—the jurisdiction will be the same, and the issues will be the same. Therefore, there would be the conflict which I drew attention to.

[Baroness Brinton]

The point I am trying to make is that it is not purely about jurisdiction, it is about the practical application of having a constituency of 5 million people as opposed to 75,000.

I turn now to issues of diversity in a future House that is either partially or wholly elected. In an elected House, we need to ensure that recommendations from the Speaker’s Conference to improve the diversity of the other place are taken into account by the scrutiny committee over the next two years. In our present format we do not represent the country in all its diversity. Some of the appointments in recent years have attempted to deal with that, but, partly because there is no retirement, we still do not reflect the country that we represent.

There is also an issue about the geographical diversity that is needed. If we looked at where most Peers come from, I suspect that we would find a heavy southern bias. I was speaking with colleagues in the north-east the other day who feel that they do not have access to many Peers; they have some, but not the same as those who live among the large concentration in London and the south-east.

As for the conventions governing the relationship between the two Houses, we all agree that those are not absolute. I do not take the view that they will stand still, and my noble friend the Leader of the House must have been right yesterday when he said that the conventions will evolve and that the relationships between the two Houses may change. However, that is nothing new. Conventions have evolved over the years and the relationship between the Houses changes with time.

This House is much more muscular than it was a few decades ago. For example, in the decade up to 2000 the Government were defeated 155 times; in the decade up to 2010 the Government were defeated 422 times—nearly a threefold increase. Granted, cause and effect cannot be proved. It may be that the change in government in 1997 was influential and the reforms which saw the departure of the majority of the hereditary Peers should be noted.

However, we have not seen this House attempting to depart from any of the conventions since then. Furthermore, Clause 2(3) of the draft Bill makes it clear that the conventions governing the relationship between the two Houses are to remain unaffected, and there is no reason to suppose that that aim will not be achieved. However, if a future Parliament were of the view that the conventions needed to be explicitly codified to protect their efficacy, legislation could be brought forward to bring that about, as was proposed in the 2005 Labour manifesto.

I am concerned that a House of 300 could deal adequately with the workload of the House, particularly if there were to remain some who are not full-time politicians. I suspect that many in this House, and the public at large, regard the presence of some who are not full-time as one of the strengths of this House. The pride that is rightly taken in the House’s expertise derives largely from having here many who are active in other spheres, and I am not sure that it is intended that we should sit on many more days than we currently do.

Pride in the expertise of the Members of this House does not derive solely from the presence of Cross-Benchers, much as I respect their expertise. It is unfair to assert as a generality—and I have heard it said—that those who are unelected or without party affiliation hold a monopoly on expertise. A glance around this Chamber certainly proves that wrong.

As for the system of election, as a committed supporter of STV for parliamentary elections I nevertheless feel that—in the larger constituencies that will be appropriate for proportional elections to this House of, say, 80 to 120 new Members across the country at each election—an open list system has much to commend it. In particular, we would be far more likely to achieve a membership that is more diverse, as I mentioned earlier, and more representative of Britain as a whole with an open list system than we might with STV. That is why we should consider that system for elections. However, whatever the system of election, a democratically legitimate upper House, as part of a democratic Parliament of the United Kingdom, is a goal that we should pursue and achieve.