Draft House of Lords Reform Bill

Lord Desai Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Desai]

My Lords, the answer to my noble friend’s question to the noble Lord, Lord Thomas of Gresford, as to why Lloyd George did not support an elected House is very simple. At that time, the unionist opposition was proposing an elected element for the House of Lords precisely to make it more powerful. One thing that Lloyd George did not want was a House of Lords more legitimate and powerful than he already had facing him, which is why the 1911 Act carefully avoided going down the elected path. All the themes that we have discussed—an elected House, the way to reconcile a quarrelling House of Commons, joint sessions and referenda—were rehearsed way back before the Parliament Act 1911 was passed. You have only to read Roy Jenkins’s book, Mr Balfour’s Poodle, to find that out. Again, given where we are, do we want to make the House of Lords more powerful than it is?

I compliment my noble friend Lord Richard on the excellent report of his Joint Committee, but I should say that one of the central contradictions is that the Government have proposed a draft Bill but have been somewhat timid with their reforms. Had they been really bold, they would have said, “We want an elected House of Lords, but it would be difficult to retain the primacy of the House of Commons unless some drastic things are done along with the Bill”. Everyone has agreed—including the Joint Committee’s report, the alternative report and many of the witnesses—that Clause 2 will not do because it will not resolve the issue of the primacy of the House of Commons. The question would then be: is the primacy of the House of Commons there not because it is elected but because we are unelected? If we get elected, will the primacy of the House of Commons make sense any more? That is the question that people ought to pose. The financial privileges of the House of Commons derive from way back in the 17th century, before it was elected in anything like its present form. That had to be reaffirmed and established in statute in the 1911 Act because those privileges were not guaranteed by the conventions of that time. If we are again to assert the primacy of the House of Commons, we have to establish that in statute—perhaps as a separate Parliament Act, not mixed up with the House of Lords Reform Bill. If you do not do that you cannot rely on conventions because, as the balance of power changes, conventions will change—and previous conventions will, no doubt, be challenged. One of the things we therefore have to do is make quite sure that if the two Houses of Parliament want to preserve the primacy of the House of Commons we must spell out what that primacy consists of and establish it by statute, because nothing can be taken for granted in an unwritten constitution whereby one Parliament can change what another Parliament does.

The nub of the problem is the nature of the elections to the House of Lords, which a lot of noble Lords have spoken about. It is clear that if we have elections on whatever territorial basis—either singly or as a group, as we do for the European Parliament—the House of Lords will replicate the House of Commons. If the Lords is elected by PR, that would in at least some people’s eyes be more legitimate than first past the post; and a House of Lords elected on the same territorial basis as the House of Commons, by what some may think is a better method, will no doubt challenge the legitimacy of the House of Commons. One should not be surprised by that. One ought to look at that issue in advance and do something about it.

What I proposed in my submission to the committee somewhat overlaps with what the noble Lord, Lord Low, said earlier. It was that we should have elections to the House of Lords for 80 per cent of its Members—I would prefer 100 per cent, but I pass on that—but the elections should be on a regional basis. Of course, we are not a federation and it is difficult to justify a second Chamber if the country is not a federation, as many experts told the Joint Committee. We already have three devolved Parliaments, and England is supposed to have 10 regions. I know that the regions do not actually want autonomy, but we shall have to impose some autonomy on them. If we elect an equal number of MPs from the 13 regions—quick arithmetic tells me that if we have 20 from each region we would have 260 elected Lords in a House of 300; and the number could be adjusted to 450—and the list is regional and not attached to any constituency, the Members elected will in some sense be representative but will not be rivals to the way that the House of Commons derives its legitimacy.

There is another advantage—a House of Lords elected by regional lists will fill the one big gap in our system. Your Lordships’ House is at present always accused of being too London-biased and that a regional dimension is missing from our Parliament. If we could get a regional dimension into Parliament through elections, either directly or indirectly, it would provide for an elected element to the House of Lords that would not challenge the legitimacy of the House of Commons, which is based on an entirely separate constituency system.

That is one way of reconciling two difficult problems. As for the 20 per cent who would be appointed, I entirely agree with the suggestion of the noble Lord, Lord Low. We have many electoral colleges, including the Royal Society, the BMA and the Law Society. Each could elect one representative, and the appointed element would also have some legitimacy. These sorts of schemes have been proposed for the British constitution over the past 100 years; there is nothing new about that. In that way, we will have an elected element in your Lordships’ House, it will not threaten the legitimacy of the House of Commons, and we will definitely have a better House than at present.

I shall say just one more thing. It is a fallacy to think that elected people do not have expertise. You have only to go to the House of Commons, which over many years has included professors, lawyers and scientists. I recall Dr Jeremy Bray, whom I used to know well; he was a distinguished scientist and a very good MP. Elected people can have expertise. You do not need to be unelected to be an expert.