House of Lords: Reform

Baroness Finlay of Llandaff Excerpts

Tuesday 21st June 2011 Lords Chamber

[Baroness Finlay of Llandaff]

My Lords, being here is at times an almost overwhelming privilege, and brings with it a great responsibility to our nation. I was appointed by an Appointments Commission and I am glad to see that some kind of Appointments Commission features in the document that we are debating today.

Since I have been here, I have learnt that there are two fundamental questions with legislation—what is the real problem that it is trying to solve and what are the unintended consequences of whatever is proposed? This proposal seems to abolish this House, not to reform it. It looks set to cost more, adding almost £85 million per annum, on looking at the calculations of the noble Lord, Lord Lipsey. It seems to risk distorting the quality of in-depth scrutiny that we are known for and on which we pride ourselves. Above all, it fails to address the real deficit in listening to the voice of those affected by legislation, the population of our nation. Why do I say that? Because, at two critical levels, there will be no more openness; more power will go to those with motivations behind the scenes, with neither mandate nor open accountability for their actions and whose decisions are not open to public scrutiny.

First, at grass-roots level, how will those whose names are to go on the ballot paper be selected? The current machinery would simply duplicate political patronage. The parties operate selection processes for prospective parliamentary candidates, but to most of the population the process is completely opaque. How will expertise and ability be assured over patronage, if the functions are to remain unchanged? How would minor parties or independents even stand? I fear they would not in practice stand a hope, so the real power will lie with local selection panels and fundraisers for campaigns.

As for the constituencies themselves, the tables in Schedules 1 and 2 to the Bill are completely blank. The rigor of the Appointments Commission will apply only to appointed Members. Will they be chosen to rebalance, to ensure that women, ethnic minorities, those with disabilities of all sorts and those with special expertise and insight are in the small band of 60 appointees?

That brings me on to the next group, whose power would increase behind the scenes—the unseen and unidentified advisers. These highly influential people are completely hidden from view yet they influence the elected politicians on a daily basis. Is that really democracy in its true meaning of accountability to the population and the ability of the population to participate? Full-time politicians are very reliant on the advice that they are given. Often that advice is properly challenged, tempered and modified only on the Floor of this House. Our deliberations are fully open to challenge by any citizen who wants to question us, and indeed many do.

We are appointed to do a job. Of course things can be improved, but the proposals that we are debating today do not do that. Nowhere is it suggested that this senate will be less whipped; indeed, it is likely to be more subject to the whip than this House is at present. Much legislation comes to us with vast tracts not considered. We scrutinise and amend par excellence. Some amendments—small tweaks—in this House have averted many a major problem. We are relied on to provide impartial advice. As several civil servants have quietly confided in relation to Bills: “We have to do what the Minister wants; we rely on you in the Lords with expertise to amend it to make it work”.

People do not lie awake at night worrying about Lords reform; they lie awake worrying about their finances, about what the future holds for them and their families and about the injustices that they see. They come to us in the Lords with our specific interests or expertise in health, social care, education, policing, the law, international affairs and myriad other areas. It would be invidious to single out any individual Peers or issues; so many have spoken out or questioned their party’s policies. Time and again, ongoing injustices at home and abroad have been exposed.

If this stable House is abolished and replaced as outlined in the Bill, what will happen when the colour of the Government of the day changes and the tension between the two Houses mounts? The other place will not prevail. Human nature is to be seen at work between the devolved Administrations and this Government. Tensions mount, supremacy is challenged and conventions become very strained.

The electorate do not seem to be clamouring to vote more often. The 2009 election of Welsh MEPs had a 30 per cent turnout; the March referendum this year on powers had 35 per cent; and, although the last general election had a 65 per cent turnout, this Assembly election had only 41 per cent, yet that is the Assembly that is now governing Wales.

In the most recent Session, 289 Peers attended the House for over 75 per cent of the sittings. That seems remarkably close to the proposed 300 Members in the document that we are debating today. However, what sanctions are there in the proposed senate to hold Members to account? They will draw a salary, but what if they do not contribute as they should?

The problem seems to be a political mantra that says that abolition of this House must happen and a belief that all voters read all party manifestos in detail and vote on the basis of every paragraph of their content. That well known benchmark of public opinion, the London cabbie, seems to see that the proposal to abolish this House will leave the nation legislatively weaker and financially drained. As public services and social support are increasingly threatened, where is the evidence that people want to abolish the House and replace it with even greater party-political influence?

True reform is an evolutionary process—as functions evolve, so do structures—but a recipe for conflict with the other place seems to be proposed here. No referendum has had the courage specifically to ask the people of this country if this is what they want. The draft Bill seems like a leap of faith into a murky pool, with unknown powers out of sight. Do not forget that many who take such a leap into murky waters break their necks. The Motion in the name of the noble Baroness, Lady Boothroyd, warrants support.