House of Lords Reform

Lord Newby Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Newby (LD)]

My Lords, politicians and political parties are often accused of being inconsistent and opportunistic. It is sometimes difficult to rebut such charges, but on House of Lords reform these Benches have been steadfastly consistent for over a century. I cite as supporting evidence the preamble of the Parliament Act 1911, passed under a Liberal Government, which states:

“And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation”.


That stated policy of having an elected second Chamber has been Liberal, and now Liberal Democrat, policy for the intervening 113 years. It is arguably the longest-lasting piece of party policy that has never been implemented, and it is still a live issue. Sadly, the assertion that such substitution cannot immediately be brought into operation remains as true now as it was in 1911.

I reassert the Liberal Democrat position that the House of Lords should be elected. It should be elected on the basis that, in a democracy, laws should be passed by people chosen by the people to act on their behalf. It should be elected because the unelected House leads to a geographical imbalance of membership, in which London and the south-east are greatly over- represented, and the north, Scotland and Wales are underrepresented. It should be elected because it would then almost certainly be more representative of the ethnic diversity of the United Kingdom. It should be elected because it would then be more politically representative. It would contain members of the SNP and almost certainly more members of the smaller parties.

[Baroness Smith of Llanfaes (PC)]

Reform!

[Lord Newby (LD)]

Even Reform—what arrogance that we think that, because we dislike a party, it does not deserve to be in your Lordships’ House. I would welcome the opportunity to have Reform in your Lordships’ House and to debate with its members, rather than them sniping from the sidelines.

This House should be elected because it would then be more effective in holding the Government to account and strengthening Parliament in relation to an overpowerful Executive. There was a chance during the coalition to achieve an elected House of Lords—probably the best chance since 1911—but that was cynically scuppered by the Labour Party, which refused to back a guillotine Motion on the Bill, and many Conservatives, who were genuinely hostile to the principle of an elected second Chamber, whatever their manifesto said. The chances of moving to an elected Lords in this Parliament are nil. There was a point when, with the appointment of the Brown commission, it looked as though Labour might move towards a firm plan for such a fundamental reform. But the Brown proposals were so half-baked that no one in the Labour Party supported them, and no other elected alternative was then even contemplated by the party.

For the remainder of this Parliament, we are faced with the imminent Bill to remove the remaining hereditaries, and a consultation, to be followed by legislation on a retirement age. We unambiguously support the proposals to remove the remaining hereditaries. We have huge respect for the part that individual hereditaries continue to play in our proceedings, and we hope that the Government will find a way to enable some of those who do so to return as life Peers. However, in our view, the hereditary principle itself can no longer be justified. Of course, it was not justified by the Blair Government, but the compromise deal negotiated by the wily Viscount Cranborne leaves us with the current unsatisfactory situation.

I was a new Member of your Lordships’ House in 1999 and served as the Liberal Democrat Whip on the then House of Lords reform Bill. A lot has been made of the commitments at that time about the future of the remaining hereditaries. One thing that was made crystal clear by the noble Baroness, Lady Jay, whom I am pleased to see in her place, as the then Leader of the House, was that the Government saw no long-term role for the remaining hereditaries and envisaged that they would be removed at the next stage of reform. We are now at that next stage of reform, and although it does not introduce an elected house, it ends an anomaly shared only, among all the parliaments of the world, with the constitution of Lesotho, in having a hereditary element in the second Chamber. In the case of Lesotho, the hereditary element is drawn from the tribal chiefs, and while many of our remaining hereditaries would make splendid tribal chiefs—although I am not sure there is a Strathclyde tribe—this is not the basis on which we organise society.

The other principal measure of reform we are promised in this Parliament is a retirement age. Again, we support this principle. Other professionals in the UK have a retirement age, including lawyers and bishops, and there are good reasons for it. That is not to say that many extremely elderly Peers do not make a valuable contribution to proceedings in your Lordships’ House; they obviously do, but many more do not, and the lack of a retirement age inevitably means that the House is denied much relevant contemporary experience which a younger House would bring.

These two reforms in themselves, of course, do not address the issue of the eventual size of the House and the balance of parties across it. What is the Government’s view on this? Do they, for example, still support the principle that we should move towards equality of representation between Labour and the Conservatives, despite the Conservatives’ current shrunken Commons representation, and if so, over what time period? Do they think that the Burns principle of two out, one in should be pursued, or that a combination of the abolition of the hereditaries and a retirement age will, by themselves, get the House down to a satisfactory size? Do they have any plans to reduce the number of Bishops in your Lordships’ House? However much one might value the contribution of the Bishops’ Benches—I certainly do—it surely would be perverse in our increasingly secular age if the only group whose proportionate size increased as a result of the proposed reforms was the Lords spiritual.

When the relevant reform legislation comes before your Lordships’ House, we on these Benches will not seek to delay it or to bog the debates down with unnecessary amendments. There is one area, however, where the system could be strengthened within the spirit of the upcoming legislation. This relates to the role of the House of Lords Appointments Commission. At the moment, the commission can recommend against the appointment of an individual, but this objection can be overridden by the Prime Minister, as it has been in recent years. That seems to us unacceptable and could easily be rectified.

There are times when I think that it could be another 113 years before the Lords is truly reformed in the spirit of the 1911 Act. We on these Benches, however, remain optimists and will continue to push for this. In the meantime, the measures the Government propose to bring forward in this Parliament will go some way to improving the composition of your Lordships’ House, and on that basis, they deserve our support.