House of Lords: Labour Peers’ Working Group Report

Debate between Lord Hunt of Kings Heath and Lord Rennard

Thursday 19th June 2014 Lords Chamber

[Lord Rennard (LD Ind)]

My Lords, when future assessments are made of this Parliament, I suspect that the biggest disappointment for many—but certainly not all—Liberal Democrats will be our failure to achieve substantial reform of this House. For over 100 years, Liberals have fought to complete a reform that was begun with the Parliament Act 1911 to move this place from depending upon the hereditary principle to resting upon the popular principle.

Only in this House could 100 years be too short a period to consider properly making such a change. I suspect, however, that our failure to achieve House of Lords reform will not be such a concern to the wider electorate. The failure of the House of Lords Reform Bill came as a relief to many Members of this House. Nevertheless, among most Members there is at least widespread agreement, as this debate has shown, that the size of the House is now too large.

Failure to achieve reform means that there also remains significant concern about the powers of patronage exercised by the major party leaders to put their loyal friends and supporters into Parliament. This power of patronage may make the numerical problem even greater in the near future. We could perhaps be heading for a series of Parliaments in which power changes regularly, and each new Prime Minister will wish to add to his or her ranks in the House of Lords to reward their followers, sustain support in their party and assist the swift passage of new legislation.

In the latter part of the 20th century, the Conservative and Labour parties both won large majorities in the House of Commons, which took long periods to ebb away. In the 30 years between 1979 and 2009, we had had only three Prime Ministers. However, in the next 30 years we may have many more than three Prime Ministers, and with each new occupant of 10 Downing Street might come new waves of appointments to this place. The House of Lords could become simply incredible because of its increased size, and much less respectable in public perception than it is today.

Something therefore needs to be done, and it needs to happen soon. I do not think that a lengthy commission is required to work out what should happen; we already have too many dust-gathering reports on this subject. Most of these reports have come to some broad conclusions: that the number of Peers must be contained and eventually reduced; that elections should take place for at least some of the future places in the House of Lords; and that any elections should at any one time elect no more than a third of the Members of the House. Most recent reports have also suggested that Members should serve a single long, non-renewable term, thereby preserving the independence of the House and the primary accountability to the electorate of the House of Commons.

The Government presented Parliament with a Bill that would have done all these things two years ago while retaining a strong contingent of Cross-Bench Peers. Despite strong support in all three parties and an overwhelming majority at Second Reading in the House of Commons, that Bill could not make progress. As it became clear that the idea of more democracy was too much of a threat for some to let a Bill such as that progress, I came to the conclusion that any plan for reform must be rather more pragmatic while retaining a clear aim and purpose.

I would hope that the parties could agree in advance of 2015 that there should be no new lists of politically appointed Peers beyond the Dissolution Honours List.

[Lord Hunt of Kings Heath]

Would that include the current list that is in preparation?

[Lord Rennard]

My Lords, I have no knowledge of the current list. My proposal was simply that there should be an agreement that there should be no more lists of that nature beyond the Dissolution Honours List in 2015. In the mean time, we should pledge to stop the absurd practice of the hereditary by-elections. The idea of “topping up” to keep their number at 92 is simply ridiculous. The hereditary presence in the House should therefore be ended for all but some of the most active hereditary Peers.

We should let voters elect 120 Members of the House early in the next Parliament. Such an election could coincide with the devolved elections in 2016, including in Scotland if it remains a part of the United Kingdom. Such an election could be held rapidly, as indeed Members of the Scottish Parliament and Welsh Assembly were elected shortly after the 1997 general election. Each of these Members should be elected for a single, non-renewable term of 15 years. At the same time, the number of appointments made through the Appointments Commission should be limited to 30 over the course of a five-year Parliament. That is probably enough for one Parliament. Those in both Houses who prophesied that the sky would fall in if we elect a number of Members of this House, rather than have them appointed by party leaders, will see if their prophecies prove true.

If they do not, it will be after 2020 before Parliament has to think again and consider whether to elect, say, another tranche of 120 Members in that Parliament, or whether to return to a system of patronage. In the mean time, we would be joined by elected Members who would contribute to the work of the House. Such a number could not and would not fundamentally change the character of the House as a revising “think again” Chamber. If the sky has not fallen in by 2020, the parties could agree again not to make any patronage appointments, and a further set of elections for, say, 120 Members could happen soon after the 2020 general election. At this point, the number of life Peers—by a process that it is quite hard to find appropriate and polite words to describe—will have reduced significantly.

The use of proportional representation in the elections will ensure the continuation of a healthy balance of opinion in the House, in which no single party has a majority. Those of us who believe that elections to this House can happen without a fundamental upset to the balance between the two Houses will have a chance to prove our point before further stages of election are considered, and everybody will be able to examine the evidence of such an arrangement working over time.

Queen’s Speech

Debate between Lord Hunt of Kings Heath and Lord Rennard

Monday 14th May 2012 Lords Chamber

[Lord Rennard]

I agree that it would be difficult for Parliament to say no in that event. I do not totally rule out the idea.

Let me first refer the noble Lord back to the report on referendums by your Lordships’ Constitution Committee. In the debate in this House on that report, it appeared to be generally agreed by almost all noble Lords present that referendums should be rare and that there were significant problems with holding them—not least the propensity of the electorate to vote in response to a different question from that which appeared on the ballot paper. However, the report concluded that it would be appropriate to hold a referendum if abolition of either House of Parliament was considered. It is probably on that basis that some noble Lords consider the justification for a referendum. Yet when we look back to the 1911, 1949, 1958 and 1999 Acts, they were never considered to be Acts of abolition, even though they significantly changed both the powers and the composition of the House.

Gradually reforming composition does not amount to abolition. The draft Bill and the proposals of the Joint Committee suggest a transitional period that would not be complete before 2025—some 114 years after the 1911 Act and 15 years after all main parties promised in their manifestos to work for such an outcome. Ending the hereditary principle, removing patronage from party leaders and allowing people to choose their legislators do not amount to abolition of this House, so I do not see any case for a referendum before 2015. In the mean time, I believe that in 2015 we should begin the first phase of real reform by electing a small proportion of the membership of your Lordships’ House and finally ending completely the hereditary basis for membership. There may be more of a case for a referendum later, on proceeding to the second or final stages of reform.

I also want to address briefly another important constitutional issue in the gracious Speech—

[Lord Hunt of Kings Heath]

Can the noble Lord clarify that? Earlier in our debate, the proposition was made that the coalition is now considering a new option, which is essentially to go for a small number of elected people in 2015—rather following the Wakeham and Irvine proposals at the beginning of the previous decade—and then pausing to ponder whether we move on from that position, perhaps by referendum. If the noble Lord is saying that, it is important, given that he speaks with a great deal of authority on those Benches.

[Lord Rennard]

My Lords, I hope to speak with authority, but I have to say that I speak for myself on this issue. It is logical that if we were to consider a reform which meant that 92 hereditary Peers were no longer Members of your Lordships’ House—which was of course the aim of the 1999 legislation—and if, for the sake of argument, we were to elect 120 Peers in 2015, that would not be a great change. It would not be revolutionary and it would not justify a referendum. We might consider it at some point in the following Parliament—perhaps on the same day as the country was voting in the European elections in 2019, to minimise the cost of a referendum. Then, when people saw the House working effectively without an hereditary element—although I have great respect for many hereditary Members of this House—with a small elected element of, say, 120 Members, that would not be dissimilar to the initial proposals of the commission of the noble Lord, Lord Wakeham. We could then say, “That is how it is working. Do you want to proceed with the remaining life Peers going in phases and a wholly elected House?”. We could vote on that at some point. Complete change is abolition of this House. I suggest that if we were proceeding along that way by 2015, there would be no need for a referendum before then.

I have spoken a number of times about the important issue of individual voter registration. I would like to say little about that as it was also referred to in the gracious Speech, but I will be brief. It is of considerable importance in all elections that we have a complete and accurate electoral register.