House of Lords Reform Bill

Jim Dowd Excerpts

Monday 9th July 2012 Commons Chamber

[John Stevenson]

The most important part is that there is democratic legitimacy, whereby the people who make laws in this country are elected.

I am aware of the arguments for the present arrangement that the other place is more varied in background and that it is a place of greater expertise. I do not accept this. The average age in the other place is 70. There are more in their 90s than there are under-40s, and around 44% have a political or local authority background. Undoubtedly, there is expertise in the other place, but it is not reactive to, or representative of, the electorate.

As for the make-up of the other place, it is overwhelmingly geared towards the south of England. Where is the representation of Scotland, Wales or the north of England? Representative it is not. We need to ensure proper regional representation so that the views of all parts of the country are heard in the second Chamber. As to the principles of a functioning Parliament, let us not delude ourselves that the present arrangements are satisfactory for us in this place. Arguably, because of the current arrangements for the House of Lords, we have weakened our own Chamber as an instrument of legislature.

[Jim Dowd (Lewisham West and Penge) (Lab)]

The hon. Gentleman is being astonishingly generous with his time. I am following his arguments closely, but would he say that because we do not elect our second Chamber, this country is not a fully functioning democracy?

--- Later in debate ---

[Jim Dowd (Lewisham West and Penge) (Lab)]

I shall break with the traditions of this Chamber by being brief and by trying not to repeat what others have already said. One of the earliest speakers supporting the Bill today said something like, “If you are a democrat, you have to vote for this Bill”. That embodies the attitude and the arrogance of some of those who are seeking to advance this Bill. I believe that it is possible to be a democrat and disagree with people. That is entirely the nature and essence of this Chamber and everything it stands for. It says on the cover that this is the House of Lords Reform Bill, but I prefer to call it “a horse designed by a Committee that failed to produce a camel Bill”. It has been cobbled together for a variety of different and often conflicting reasons and then presented before us as a fait accompli.

I take the oldest of old Labour positions on the House of Lords. My party believed for the overwhelming majority of the 20th century that the place should be abolished. However, I understand that we cannot do that on our own. A similar Bill was tested in the previous Parliament and there was no majority then; I suggest that the majority has subsequently decreased still further in this Parliament. This reform has to be coupled with the whole question of Parliament and its purposes. We cannot take one part of our democratic institutions and take it in isolation. That is why so many attempts to reform the House of Lords have run into the sand—because we have taken just one element of Parliament and tried to pursue reforming it on its own.

Let us consider some of the changes introduced over the last 15 years or so that have had significant effects. Devolution to what we call the nations—Scotland, Wales and Northern Ireland—is one example. That has happened, but I still think the English question has not been resolved and will need to be addressed in some detail in the not-too-distant future. To be perfectly frank—I do not wish to be parochial—I think that doing that would be a far better use of this House’s time now than would pursuing this pipedream that has been put before us.

We have seen the advent of draft Bills and we have seen the development of programme motions, about which I shall say more in a moment. Of course, at the time of their introduction by a Labour Government, the Conservatives and Liberals fought it tooth and nail, telling us how awful and what a denial of democracy it was, but we knew—I was in the Government Whips Office then—that as soon as they had the chance to use them, they would use them, and use them mercilessly. [Interruption.] The hon. Member for Colchester (Sir Bob Russell) seems shocked by such a proposition. I realise that he is one of the few members of the Liberal Democratic party who occasionally tell the truth, although normally by accident rather than design, but I assure him that that was what happened.

I hear from the Leader of the House that public reading stages of Bills are likely to be introduced, whatever they may be. A wide range of change is taking place, and we need to deal with the elements of it together. Trying to isolate one part, whether it be the House of Lords or anything else, will virtually ensure that progress cannot be made.

The other bit of arrogance on the part of the proponents of the Bill is their saying, “We have been arguing about this for 100 years, and therefore you must accept this answer. You cannot question it. If you are genuine about reform, you must agree with me.” That is not the way in which a democracy works. I say, “If you are genuine about reform, you must convince me, and convince me without the use of a programme motion.”

That attitude demonstrates the hubris with which the Bill is being pushed by its advocates, and the disdain that they have both for this place and for the people. Having had their fingers burnt to a crisp over the AV referendum, they have adopted another strategy: “As we cannot trust the people to give us the right answer, we are not going to bloody ask them. We are going to tell them what is good for them. That is how we will rebuild trust in Parliament.” I do not think it is.

[Hon. Members]

Hear, hear.

[Sir Bob Russell (Colchester) (LD)]

They are cheering you, Jim.

[Jim Dowd]

So I should hope. It woke you up, anyway.

To say what the proponents of the Bill are saying is rather like saying, “We are all in favour of improving public health, so when some charlatan comes up with a quack remedy involving blood-letting and leeches, we should all go along with it.” Well, I am not going to go along with it, and I am not going to go along with my Front-Bench team on this occasion. Under the Labour Government, I voted against them just once. I do not offer that as any particular threat—certainly not the silly threat that some so-called Liberal adviser came up with, equating the issue of boundaries with the Bill—but I will tell Opposition Front Benchers this. I voted against the last Labour Government once, on the Bill that became the Constitutional Reform and Governance Act 2010, and on the one occasion when I voted against them, they lost.

This is a serious matter. We should not just tolerate the lowest common denominator; we should reform Parliament—reform all of it. That is how we will regain the trust of the British people.

--- Later in debate ---

[Tom Greatrex]

I think there are many more fundamental reasons why people are disappointed in politics.

Before coming to the Chamber this afternoon—I have been here since the debate started—I checked and found that two constituents have contacted me about House of Lords reform and implored me to support it. At the end of the letter—they are identical—it says:

“All I ask is for you to do one simple thing; keep to your manifesto commitment and vote in favour of reforming the House of Lords.”

I do not know whether other hon. Members have received that letter. One was sent to me by a Liberal Democrat councillor—well, he was a Liberal Democrat councillor; he lost his seat in my ward earlier this year and was replaced by the excellent Labour candidate—and I presume that the other was from the other Liberal Democrat in Cambuslang. So we know that there are some people for whom this is a big issue.

In view of the lack of time, I shall not draw the House’s attention too much to the idea of being urged to keep one’s manifesto commitments by Liberal Democrats, given their recent past. However, the lack of demonstrable public interest does not mean that House of Lords reform is not important. It is important, and the consequences of the Bill and their impact on the governance of the country as a whole are such that it is important that we ensure that two things happen: first, that the Bill is properly scrutinised and, secondly, that public support is tested in a referendum, just as many significant constitutional changes have been in recent years. Given that Bill will have an impact on the relationship between the two Houses of Parliament, that referendum is fundamentally important.

A range of concerns about the Bill need to be properly discussed in Committee. Many hon. Members have expressed real concern about the 15-year term, the list system and, in particular, the inadequacy of clause 2, which deals with the relationship between the two Houses. The hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) was admirably naive to suggest that there would not be some sort of mission creep from the Lords. As others who have experience of regional list MSPs will know, it does not matter what is set out in the code; behaviour is something quite different.

I wish to air two issues that have not been touched on much so far. The first is regional representation. The proponents of the Bill have made much of the idea that it will enable real and effective regional representation within the second Chamber. Those who spend a lot more time considering these matters than I do know that that is a widely accepted role for second Chambers in other countries. Schedule 2 to the Bill sets out the formula for the allocation of the elected peers: in each of the three elections, Scotland gets 10, Wales gets six, Northern Ireland three, and England 101. Thus, after the first set of elections, the combined strength of Scotland and Northern Ireland plus four of the Welsh representatives would be needed to outweigh the south-east of England.

That formula is based on population share and, in that sense, it is perfectly understandable, but it does not mean that the reformed House will represent the regional balance, as some have suggested. In the United States, California gets no more senators than Wyoming, even though its population is 66 times larger—that is pure regionalism. Germany has a different structure, with a minimum number of sets and then an additional number, according to population share, up to a maximum. As the constitution unit notes, Germany is one of the few countries without pressure to change its second chamber. If the proposals in the Bill are to be held up as a model of regional representation, those issues need to be looked at.

Secondly, part 4 of the Bill contains the clauses dealing with the number of bishops in the second Chamber. Over time, their number will be reduced. I think the bishops in the House of Lords bring a different perspective. I am a great admirer of the Archbishop of York, whose experience in Uganda brings something different to debates. It seems that the remaining bishops are to be among the 20% of Members of the new House who are appointed. Why, though, do we not get rid of all the bishops, as some have advocated, or if they are to be appointed Members, why do we not ensure representation from other faiths? There are Anglicans, Roman Catholics, Methodists, Presbyterians, Quakers, Baptists, members of the Free Church and many others, and those are just Christians. Should we not ensure that Jews, Muslims, Sikhs, Hindus, Buddhists and others are properly reflected among the Members appointed to the new Chamber? Could we not make space for a Catholic Cardinal or the Chief Rabbi?

I raise those two issues because they are issues that many people will not see as being of primary importance as the debate goes forward, but they are two important aspects of the composition of the second Chamber that could be the casualty of the programme motion.

[Jim Dowd]

I follow what my hon. Friend says, but are not international comparisons dangerous? The only other legislature in the world that allows clerics, by dint of their role, to be Members is Iran. Does he think that is a good model to follow?

[Tom Greatrex]

I thank my hon. Friend for his intervention. The point that I am making is that these are issues that people will seek to discuss during the Committee stage that are not of primary importance. They may be secondary to other issues that have been raised during the debate today and it is imperative that there is proper time to consider all those issues. One of my frustrations since entering the House is that on a much smaller constitutional Bill that was taken on the Floor of the House, the Scotland Bill, there were a number of issues that we never discussed because we ran out of time. We cannot allow that to happen with this Bill so it is imperative that we have enough time. People will ask how many days that means. It means that it takes as long as it takes to deal with all the issues to get the Bill in the best possible form before it proceeds to the Lords.

Following on from my hon. Friend the Member for Lewisham West and Penge (Jim Dowd), the Government would do well to stop using the line that we have been talking about the subject for 100 years. We have not been talking about this Bill for 100 years. There are big issues in the Bill that we need to get right. We need enough time to get them right if the Bill is to have any chance of taking us forward.