House of Lords Reform

Lord Kerr of Kinlochard Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I cannot match the noble Lord, Lord Campbell-Savours, for ingenuity—very few of us can.

As I listened to the noble Lord, Lord True, and indeed to the noble Lord, Lord Forsyth—if he would care to listen—I was struck by the thought that it might be quite difficult to persuade the public outside that, because of something said in this Chamber 25 years ago, the mandate of the Labour Party set out in its manifesto should be put to one side, and nothing more can be done to reform the House of Lords because some commitment was given by somebody 25 years ago in this House. I think that would sell with some difficulty in the Dog and Duck.

[Lord True (Con)]

Pacta sunt servanda.

[Lord Kerr of Kinlochard (CB)]

My concern is that the Bill has to pass. Obstructing it would be to obstruct the result of the general election. I am convinced that it will pass. It is a pity that we will lose so many of our friends, although I have a hunch that some of them will be miraculously reincarnated as life Peers on New Year’s Day—I certainly hope so.

I have three points to make. First, the Government are right to want to pause and draw breath after this first Bill. It seems sensible because the country needs a national debate.

The role of the Lords is not clearly understood. China and North Korea get by without a second Chamber but I think that most of us, and certainly most democracies, seem to think that there is an advantage in having an institution to keep a check on what a majoritarian Government can do in the primary assembly, to improve their legislation and to look out for regional concerns. I agree, but that case has to be made to the country because right now, it is not widely understood.

If we are honest, we also have to admit that we as a House could do our job better. These debates tend to be full of self-congratulation. Of course, it is a tremendous privilege to be here, and we do work hard—on primary legislation we do a much more thorough job than does the other place. But our scrutiny of secondary legislation is, like the other place’s, superficial and spasmodic, and we are too London-centric to cover the regional dimension optimally. To me, that points to wanting a House with more expertise relevant to legislation and drawn from a wider pool.

What does that mean for composition? Like the noble Lord, Lord Murphy, I am wary of direct elections. I lived in the United States and saw how having two Chambers which see themselves as equally legitimate all too often results in deadlock. That would be a more serious problem in a parliamentary than a presidential system. It is also the case that politicisation tends to squeeze out expertise, and we need expertise.

Indirect elections could be an answer. As a Scottish unionist, I like the Bundesrat model, at least for Scotland, Wales and Northern Ireland; how best to provide for English regional representation is not for a Scot to tackle. But seats are allocated in the Bundesrat on the basis of degressive proportionality, favouring the smaller and more distant states, and copying that would reinforce our role as the cement of the union. But our legislative performance would not necessarily be improved at all.

So, are we stuck with an all-appointed House, as in Canada? Not necessarily: hybridity could be a good thing. Certainly, if our main task is to write good law, it will be a pity for us if we lose the expertise and experience of those who have had to apply the bad laws we have written.

My last point is this: let us at least correct the most glaring anomaly in the appointments system, as highlighted by Mr Johnson’s insouciant exuberance about convention. Most countries have honours systems but very few conflate recognition of past service with qualification for future work on legislation. Some of us are unqualified, frankly, and the House is mocked for its excessive notional size. The answer is simple, surely: follow precedent. Most Peers already have no right to sit here. If there are to be more life Peers, let us have two categories: those simply honoured with a title; and those who are willing to do, and well-suited to doing, a legislative job—and found to be such by the appointments commission, with a wider remit. Category 2 could be drawn from all parts of the kingdom. Degressive proportionality applies. There could —indeed, there should—be a ceiling on their number with a retirement age or term limits, after which they would transfer to category 1, but let us not drain away the current expertise until we have found a way of ensuring that we tap into more, and do so more systematically.

So, here are my four points.

[Noble Lords]

Oh!

[Lord Kerr of Kinlochard (CB)]

I am concluding. First, we need an informed debate led by a government Green Paper. Secondly, the House should be more fit for purpose, perform better and better reflect national and regional disparities—that should be our aim. Thirdly, it is high time that we distinguish between recognising past service and conferring a future right to legislate. Fourthly, this issue should not be rushed; it is dangerous nonsense to suggest that, until it is settled, the Government cannot do what their manifesto promised.

[Baroness Twycross (Lab)]

My Lords, on the basis of how quickly we are currently getting through Members’ contributions, we are likely to sit until 11.30 pm. If that is what Members wish, so be it, but I note the advisory speaking time of five minutes.