Draft House of Lords Reform Bill

Lord Dubs Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Dubs]

My Lords, I congratulate my noble friend Lord Richard and his committee on the work they have done, even if I dissent from some of their conclusions. We have already reached the point in the debate when everything has been said, but perhaps not yet by everybody.

If we had had reform in 1997 or 2001, I would have been happy to stand for election to this House. In fact, I would have preferred to be an elected Member of this House, although I think it is a privilege to be here anyway, and I appreciate it. I have always believed in an elected second Chamber. When the right reverend Prelate spoke earlier, he said that we do not have too much by way of party politics. Although the Whips may not have many sanctions, and although we have Cross-Benchers who are not subject to discipline, the fact is that we have party politics pouring out of our ears here. We get a Whip every week, we have three-line Whips and anybody who says that there are no party politics here does not understand the way this place works. Without party politics, the Government could not get their business through. So let us be clear, we are talking about a House that is political—party-political in the main—that exists to get the Government’s business through or to dissent and hold the Government in check.

I welcome the fact that the Joint Committee report supported elections. That is the fundamental point about what it did. Of course, the Bill has many flaws, and I want to deal with them in a moment or two. Clause 2 is one of them. I have also read the alternative report with interest; I spent much of yesterday doing that. While I agree with parts of it, there is a fundamental point that is inimical to the thrust of policy. It says:

“We believe there is an unbridgeable gap between an elected House of Lords and the primacy of the House of Commons”.

I contest that absolutely. I do not think there is an unbridgeable gap; I think that gap can be managed and dealt with.

Public opinion is not terribly interested in this debate, except for a small element of the public and the media who will think that we are doing ourselves and the country a disservice if we do not move forward towards reform. However, I have talked at public meetings—mainly Labour Party and Fabian meetings—all over the country over the years, and with one exception they all supported an elected House. I will be honest and admit that I went to speak to some students in Cambridge. I took a straw poll before I started and about 60 per cent wanted an appointed House. By the time I had finished, 90 per cent wanted an appointed House. Well, I did my best. However, the rest of the meetings and indeed most of the people I speak to all think it absurd that we do not have an elected House.

The key issues are clearly accountability, elections and the primacy of the Commons. Yes, I support elections, at least partly because of accountability. Of course, as the alternative report says—and the Joint Committee report disagrees—anybody elected will have to do some constituency casework. I do not see how one can apply to be selected in a local constituency and say, “I am not going to do any work for local voters”. It is untenable; it just cannot be done. None of us would be selected if we applied on that basis. Of course there has to be casework, and I am pleased that the alternative report actually says that. It says:

“Elections are, in themselves, principal methods of accountability. A candidate stands for election, and if elected, is held accountable for the platform and proposals on which they stood”.

I campaigned very hard for the Labour Party in the last elections and I was happy to support the manifesto on which I was door-knocking for Labour candidates, including our commitment to an elected second Chamber.

I am not happy about being elected once for 15 years. It seems to undermine the basic principle of accountability. Accountability is not just how one gets there in the first place; it is also being accountable for the decisions one makes, the votes one casts and the positions one takes. Quite frankly, I sometimes say to my friends and others, “I vote on issues that affect your lives and the lives of other people, yet I am not answerable to anybody”. If anybody asks me why I voted in a particular way, I do not have to justify myself; I can just say, “Because I am here”. Of course, I do not take that attitude, but that is the position we are in.

A point that has not been made so far is that having a basis in a constituency makes a politician a different sort of person. Elected politicians get their sustenance, at least in part, from engaging with their constituency, maybe doing casework, dealing with their local parties and all the other organisations that lobby an elected politician. It seems to me that being under that sort of pressure makes one a different sort of person. Quite a few Members of this House have been elected and they understand that; others have not and make a fist of it. But some do not, and I think it is an important point.

I remember that there was a by-election in south London while the House was sitting and I spent the day tramping the streets knocking on doors. I got an earful on housing, transport, social security, planning, education, the NHS, et cetera. Unless we as individuals go out and canvass in elections, we do not get that earful from voters, and there is nothing healthier in a democracy than hearing what voters have to say—even if they are saying to us, “We will vote you out if we do not like it”.

Of course I believe, as everybody else does, in the primacy of the Commons. Individually elected Members of the second Chamber would be able to assert themselves a bit more. If I were elected, I certainly would have more confidence to go to the Labour Party conference and say my piece; because I am not elected, I feel constrained from doing so.

I worry about the idea of a constitutional convention, unless there is a time limit of about a year. I fear it is a recipe for long delays and there are other ways of achieving such ends—but the point has been made already. One of the strengths of the Joint Committee’s report is the idea of a concordat between the two Houses. Work on that could start quickly. I very much welcome the detailed suggestions in the report on the idea of a concordat as regards the conventions.

I also am advised by people who know more about this than I do that the Parliament Act could be strengthened to deal with secondary legislation. It could work whether legislation starts in this House or in the Commons and would enable the Commons to retain its primacy.

Finally, reference has been made to Erskine May but, for all its strengths as a document and a tome on parliamentary procedure, it is not a constitutional document. It is a treatise on law, privileges, proceedings and usage of Parliament. That is made very clear in the alternative report. Ultimately, I hope that reform will not be based on the views of this House. I hope that it will come from where it should start, the Commons, and that, if the Commons makes that decision, we will give it our support.