Queen’s Speech

Lord Lloyd of Berwick Excerpts

Thursday 10th May 2012 Lords Chamber

[Lord Hunt of Kings Heath]

That is a very helpful suggestion. One way or another with two elected Houses, whatever is in the legislation on the respective powers, there will always be a need for procedures to deal with the situation when both Houses disagree with each other, particularly if both Houses claim equal legitimacy, as is likely to happen, and particularly if the upper Chamber were elected on a different system of voting where the arguments for legitimacy will be legion. The noble Lord is quite right to suggest that reconciliation machinery must be part of the package, but I do not think that that can substitute for absolute clarity about the respective powers and the role of both Houses if they were both elected.

The noble Lord, Lord Wallace of Saltaire, is widely liked and admired in your Lordships’ House. In his wind-up speech last week, he apologised for not answering all the points made, but he did not answer any of them. These points go to the heart of our debate. He was asked whether a second Chamber elected by proportional representation would not claim greater legitimacy than the Commons. He was silent. Asked about the applicability of the Parliament Acts, he was no more forthcoming. Instead, he said that the Government would set out their legal reasoning on the application of the Parliament Acts if a Bill were included in the Queen’s Speech. A Bill was included in the Speech. Will the noble Lord now tell me when the advice will be made available?

The advice must answer two questions. The first is on the use of the Parliament Acts in relation to a Lords reform Bill. The second is on their use more generally in application to an elected second Chamber. I remind the Minister that both my noble and learned friend Lord Goldsmith and the noble Lord, Lord Pannick, said that the drafters of the 1911 Parliament Act did not intend its provisions to apply in the event of a second Chamber being constituted on a popular basis.

On the question of cost, the Minister said that no estimate could be given because a final decision had yet to be made on the number of Members. However, there is nothing to stop the Government coming up with a series of different options based on different sizes.

The noble Lord, Lord Wallace, suggested that the primacy of the Commons was a wonderful obstacle against which one kicked. Of course it is, but primacy is at the heart of our constitutional arrangements. The noble Lord, Lord Strathclyde, talked about involving conventions and of the House being more assertive, which I fully acknowledge; it is one reason why many people think that the House of Lords has become a more effective Chamber in the past 10 or 12 years. However, on the balance of power, the arguments between two elected Houses will be much greater than those caused by a non-elected House exercising a small degree of assertiveness.

[Lord Lloyd of Berwick]

Is it still the official position of the Labour Party that it favours a 100%-elected House? If so, how will it seek to solve some of the problems that the noble Lord mentioned?

[Lord Hunt of Kings Heath]

My Lords, we are in favour of a 100%-elected House. We debated hybridity last week. Our view on a mostly elected Chamber is that the 20% non-elected element would not feel confident about making a positive contribution in a House that would be much more political. One has only to think of what happened with hereditary Peers. I well remember, when my party was in government, that when we lost votes we counted up the votes of hereditary Peers, and if it turned out that we had lost because of their votes we made a great play of it. The same thing would happen with Cross-Benchers. They would be in an impossible position because it would be argued that because of non-elected Cross-Benchers the will of the elected majority in the second Chamber had been thwarted. In a non-elected House, I pay tribute to the great contribution of Cross-Benchers. However, a hybrid 80%-elected House would not work.