House of Lords Reform

Baroness Laing of Elderslie Excerpts

Monday 27th June 2011 Commons Chamber

[The Deputy Prime Minister]

That is one of the many options available to both Houses to ensure that the deliberate imbalance between the two Chambers persists. As I have said, all the evidence from bicameral systems around the world indicates that that imbalance is perfectly well understood, whether the Chambers are elected or not.

On accountability, given that we are proposing single, fixed, 15-year terms, some Members have asked, “If someone cannot stand for re-election, how can they be held to account?” That is a reasonable point to make and a concern that I understand. It is important to strike the right balance between increasing the democratic legitimacy of the reformed Chamber and preserving its independence from the Commons, and these arrangements are essential for that.

The longer non-renewable terms ensure that serving in the other place is entirely different from holding office here, separate from the twists and turns of our electoral cycle and more attractive to the kinds of people whom we wish to see in the other place—people who are drawn more to public service than party politics and who are not slavishly focused on their eventual re-election. That system guards against—dare I say it?—an element of political selfishness, ensuring that Members of the other place are there to do a job, not simply to pursue their own electoral ambitions.

[Mrs Eleanor Laing (Epping Forest) (Con)]

The right hon. Gentleman has explained the accountability issue very well, but if somebody in the other place has no accountability, no electorate to whom to be answerable and no prospect of overturning anything that is done by this House, which is what the right hon. Gentleman has just promised, why on earth would anyone of any standing wish to become part of such a House?

[The Deputy Prime Minister]

As I know as a leader of a party, people are queuing up to get in there right now without elections, and I suspect that that will continue, because the House of Lords does an excellent job as a revising and scrutinising Chamber. There is a place in politics for people who do not want to become Members of this Chamber, but who want to play a role as serious scrutineers of legislation and holding the Government of the day to account.

--- Later in debate ---

[Sir Stuart Bell]

I certainly voted for an 80% elected Upper Chamber, but never on the basis of proportional representation—never! A number of votes were taken on that occasion, but Members who were present at the time know that they were no more than wrecking votes or wrecking amendments. [Interruption.] My right hon. Friend the Member for Tooting voted for every motion put to the House that night. [Interruption.] He said so earlier.

[Mrs Laing]

Does the hon. Gentleman agree that he and every other Member has the right and the privilege to change their mind as circumstances change and that whatever the right hon. Member for Tooting (Sadiq Khan) did or voted for in the past, he is entitled to vote for something completely different today?

[Sir Stuart Bell]

Just as Parliament does not bind its successor, I do not bind myself by a vote that took place in the previous Parliament.

Constitutional issues are the most important issues that the House faces tonight and that it will face in the future. The Deputy Prime Minister has said that this is a constitutional Bill, and he referred to it as such again tonight. It is so constitutional that it passes by the prerogative of the Whips, who cannot control how this House will vote when it comes to the abolition of a third of Parliament, as we understand it. Parliament, as we understand it, consists of the monarch, the House of Lords and the House of Commons. If we talk about democratic deficits for the Lords, when are we going to get around to the democratic deficits for the monarch? [Interruption.] If the Liberals wish to debate the democratic deficits of the monarch—[Interruption.] They should not say no. I am not going to see it in my generation, but future generations might see it.

I have witnessed anti-establishment of the Church of England views being put by Labour Members seeking the disestablishment of the Church through this constitutional debate. The time might come when someone says that there is a democratic deficit for the elected leader of this entire country. As I have said, these issues of constitutional importance cannot be dealt with by Government Whips or by a whipped vote on the Opposition side. The established Church has hardly been mentioned, but this is the reason why I have never voted for a 100% elected upper House. The established Church is part of our constitution. It is in every interstice of our life throughout the parishes of the land, and the Queen is head of the Church and Head of State. To start dismantling the established Church and to take away a third of the Parliament—and to keep the name of the House of Lords, when it will really be a Senate—is all part of the Government’s obfuscation, and they are being helped by my own Front-Bench team.

There will be a battle royal on this issue. If the Government wish that, so be it. If the Labour party wants to go down the road of proportional representation to allow the Liberal Democrats and their friends on our Front Bench to achieve for the second Chamber what they could not achieve for the first, it can count me out.

--- Later in debate ---

[John Stevenson]

It is established, but not represented in the House of Lords. Members of the House of Lords are appointed by Prime Ministers past and present, and there is still the hereditary element. The composition of the House of Lords has also been mentioned. It is interesting to note that the average age of a peer is 69 and that the vast majority live in the south-east of England. I am not ageist, and I have nothing against people who live in the south of England, but that demonstrates that there are pluses and minuses to the composition of the House of Lords. Ultimately, it is right and proper that the House of Lords should be democratically elected because, quite simply, we live in a democracy.

Secondly, there is a lot of talk about the experience, expertise and, indeed, wisdom of Members of the House of Lords. I fully accept that there are some very able people in the House of Lords, far more able than myself, but they would not lose their expertise by being excluded. They could still be members of commissions and produce reports for the Government. Lord Hutton recently produced a report on pension reform, but he did not need to be a Member of the other House to do that, so I am not so sure about that argument. More importantly, we forget that this Chamber, too, has expertise. We do this Chamber a disservice when we talk about the expertise in the other Chamber, because the same expertise exists here. Indeed, Members develop that expertise over the years they are here, and I see no reason why that would not be replicated in an elected House of Lords.

[Mrs Laing]

On my hon. Friend’s point about lord Hutton, if someone has expertise that we as a legislature need, the system he is describing would prevent them from exercising their expertise in Parliament.

[John Stevenson]

I do not believe that access to that expertise would be removed, because those people could still produce reports and be members of commissions and we could still debate their advice and act upon it.

Thirdly, there is the challenge between the House of Commons and the House of Lords, which could be termed the power struggle. Yes, the conventions will undoubtedly change and a democratically elected House of Lords might assert itself more, but I do not think that that would necessarily be a bad thing. Indeed, it might be a good thing for our democracy. Ultimately, to go back to where I started, in 1911 the Parliament Act gave primacy to this Chamber, and that will remain the case however the conventions change.

In 1911, an MP called Herbert Samuel said that there might be

“common agreement as to the necessity for a reform of the other House… But there is no common agreement as to the character of that reform.” —[Official Report, 2 March 1911; Vol. 22, c. 669.]

In many respects that has been the issue ever since. There is no perfect solution, but we must find common ground as best we can so that we can conclude the reform. One hundred years ago the Member for Carlisle voted for the Parliament Act and supported the reform of the House of Lords; one hundred years later the Member for Carlisle would like to see that completed and will support the reform of the House of Lords.

--- Later in debate ---

[Mrs Eleanor Laing (Epping Forest) (Con)]

I welcome the Government’s publication of the draft Bill. As many hon. Members have said this evening, the House of Lords needs to be reformed. Much in the White Paper is very good. We need to reduce the number of Members of the other place; to introduce mechanisms for retirement and for dealing with peers who never attend; and, for those of us who are disestablishmentarians, we need to consider the role of the bishops—it is not fair that antidisestablishmentarians get to use the longest word in the English language. I managed to use it in my speech anyway—that was my challenge.

The Deputy Prime Minister is right to modernise, but he is not right to destroy the House of Lords. We do not need a copy of this House, and not just because of the cost, or because normal people out there are not paying attention to what we are debating. Nobody will be paying attention if Andy Murray is still playing. The rest of the country knows what is going on at Wimbledon; only those of us in the Chamber do not have a clue because we are concentrating on the debate—[Hon. Members: “He’s through!”] That is wonderful news! A Scotsman is on his way to winning Wimbledon—[Interruption.] I shall correct myself. A British player is on his way to winning Wimbledon. We need something different from this House not just because people will be appalled at the creation of a few hundred more full-time politicians—that is abhorrent to the man in the street—but because the value of a bicameral system is that the two Houses should be different from one another. They should be complementary, but not a mirror image.

The value of the House of Lords is its cumulative wisdom and experience. Most of its Members have unique value to bring to the House and to Parliament precisely because they are not elected, and not politicians seeking votes. That is their independence and strength. Make them stand for election, and they will become politicians, when they will lose their independence and their unique value.

Election is not the only route to democratic legitimacy. As my hon. Friend the Member for Camborne and Redruth (George Eustice) rightly said, many people are part of our working democracy, and in their valuable, well-held positions, through methods other than election. What matters is not democratic legitimacy, but democratic accountability. That does not come about because someone is elected for one long term, with no opportunity for re-election.

If the House of Lords is elected, the delicate balance between our two Houses will be destroyed. No amount of assurance or clauses in Bills or examination of the Parliament Act will change the reality of that. It matters not that the Deputy Prime Minister says that the balance will not be changed; we all know that it will. Changing the House of Lords changes Parliament as a whole, and we should be considering the future of Parliament as a whole.

In their 13 years, the previous Labour Government tinkered with the constitution for short-term political gain. I have every confidence that this coalition Government, when they consider the consequences, will not make the same mistake.

In his conclusion, the Deputy Prime Minister said that in a modern democracy people must choose their representatives. That is absolutely right. We in this House of Commons are those representatives. The House of Lords is not the representative of the people. The Members of the House of Lords are not the people’s representatives: they are something different, and long may they remain so.