House of Lords Reform Bill

Hazel Blears Excerpts

Tuesday 10th July 2012 Commons Chamber

[David Miliband]

I ran on a manifesto that included a referendum and I support it absolutely.

Let me deal with the argument that elected Lords will represent a shocking precedent and a threat to the constitutional order, because they will be political partisans—not to say apparatchiks—put on party lists. I remind right hon. and hon. Members that 80% of the current House of Lords were nominated by party leaders, and the figure is higher if we look at voting numbers in that House. Yesterday, the hon. Member for Hereford and South Herefordshire (Jesse Norman), who is not in his place, said that the Lords defeated the Blair Governments 430 times and invited us to believe that that proved that the Lords were mighty enough already. The truth is that the problem was not the power of the House of Lords, but the fact that there was an in-built Conservative majority when we came to power in 1997.

The second issue that I want to deal with is more important. It goes to the issue of the relationship between the House of Commons and the House of Lords—something to which the hon. Member for Portsmouth North (Penny Mordaunt) referred. I have long argued for a single package of reform for both Houses, but the alternative vote farrago or fiasco has put paid to that, and we need to cut our Lords cloth accordingly, given that we know that the electoral system for this place is not changing in the foreseeable future.

Many of those who have attacked the Bill have done so on two mutually contradictory grounds. They have said that election to the Lords will mortally wound the primacy of the House of Commons—the point that the hon. Lady made—and neuter the power of Government in the process. At the same time, they have argued that 15-year terms will not provide sufficient accountability for Members of the new House of Lords, and that it is necessary for the new elected Lords to have more regular engagement with the electorate, but opponents of the Bill cannot have it both ways. The truth is that 15-year terms were designed, in 2007-08, to minimise the challenge of an elected Lords to the Commons. The electoral alternative to 15-year terms is five or 10-year terms, with re-election. That really is a recipe for a challenge to the primacy of the House of Commons. To oppose 15-year terms is to oppose any direct election at all. That is a perfectly principled position, but not one that I hold.

[Hazel Blears (Salford and Eccles) (Lab)]

rose—

[David Miliband]

I will come back to my right hon. Friend if I can. The real question is whether an elected second Chamber with 15-year terms will overwhelm the conventions and understandings that establish the primacy of this place, and that we all defend. I can see the truth in the argument that an elected upper House will be more demanding of the Executive, and lead to more robust debate. It might—probably will—make life more difficult for Government, though contrary to the editorial in The Times and what the hon. Member for Portsmouth North said, Cross Benchers will be protected, and will hold the balance of power in the new House. Personally, I think that a more robust challenge to the Executive from the second Chamber would be a good thing. It would make for a better Parliament. To be fair to myself, I argued for that when I was in government, as well as in opposition.

I cannot, however, see the truth in the argument that that greater challenge—that more robust debate—will lead to such difficulties that the Lords will overrun the Commons. This House will form the Government, control the finances, and have the constituency link; this House will always have the most recent—and only—electoral mandate; and this House will hold up its sleeve the ace of the Parliament Acts, which regulate the role of the other place on financial matters, and provide that this House will get its way.

In Lord Pannick’s submission to the Joint Committee on the draft Bill, he made the point that

“it is absolutely vital…for the reform Bill to specify with clarity whether or not it is the intention that the Parliament Acts should continue to apply”.

That is the Government’s intention. We must make sure, in Committee, that in all scenarios, the Parliament Acts are completely protected. The Parliamentary Secretary, Office of the Leader of the House of Commons, the hon. Member for Somerton and Frome (Mr Heath), said yesterday that he did not want justiciability, and I understand that argument. If we are to go with that argument, we must be absolutely sure that we cement the role of the Parliament Acts, which Lord Pannick says is possible.

--- Later in debate ---

[Frank Dobson (Holborn and St Pancras) (Lab)]

Nothing will persuade me to support the Bill. I opposed the Labour Government’s proposals, and this Bill is far worse. I have not heard any convincing arguments in its favour. Most of them boil down to the syllogism, “Something must be done. This Bill is something. Therefore this must be done.” Such sophistry has been augmented with the line, “We must act now to complete the unfinished business left for 100 years, and we must get on with it.” Well, if we have waited for 100 years, we really ought to try to get it right and not botch it, and the Bill is undoubtedly a botch.

The plain fact is that an elected second Chamber would be very different from an unelected House of Lords. No self-respecting elected Member would accept for very long being bound by the conventions that restrict the unelected Lords. If the Lords were to lose their democratic deficit, they would replace the deficit with a surplus—a democratically legitimate surplus—of the dynamism, commitment and energy that election brings to the political process and which we all try to demonstrate.

[Hazel Blears]

Will my right hon. Friend give way?

[Frank Dobson]

No. I ought to get on.

Not content with what the Lords do now, an elected Chamber would demand new duties to reflect their new democratic legitimacy, and with those duties would go new powers. I have to say to all those who are in favour of this proposal that “new powers” is the phrase that dares not speak its name in this debate. Until we get clear what job we want the second Chamber to do, we cannot sensibly decide how it should be made up. As I first said about 10 years ago, we are being asked to pick the team before we know what game it is going to play. An elected second Chamber would not play the touch rugby played under the present rules. An elected Chamber would lurch into the contact version of that game, crunching tackles and rucks and mauls with the Commons. Yet the Bill pretends that that problem does not arise.

Worse than that, the Bill does not look at what is wrong with Parliament as a whole. It has long been my view and long been my experience that Parliament is not working very well. It is not good at holding Governments to account. It is not good at controlling the raising and spending of tax. If anybody questions that, how can any of us justify the decades-long failure to pass laws which stop tax evasion? Parliament certainly is not good at passing laws that work as those who proposed them intended or that are readily understood by the people who have to try to make them work.

The House of Commons is undoubtedly the dominant Chamber, so most of the fault with Parliament must lie with us, not with the Lords, however good or bad that institution. We need to look radically at how we improve our performance. Then we need to consider, once we have done that, whether we need a second Chamber, and if so, what its functions can be. That is extremely important, because in these turbulent times people, and in particular young people, are becoming disillusioned with the political process, and not just with us. There is a danger that they will become disillusioned with democracy as a whole. We must start doing our job better before we start messing around with the House of Lords.