House of Lords Reform

Lord Richard Excerpts

Tuesday 29th June 2010 Lords Chamber

[Lord Strathclyde]

My Lords, I am well aware that there is more than one view on this issue. Today we will hear from 68 speakers and we may well end up with more views than there are speakers. The point of the Deputy Prime Minister’s committee is to produce a Bill. Then a Joint Committee will examine it and that will have representatives from the Cross Benches and the Bishops’ Bench. I look forward to them playing their full part in it. We would not wish to exclude anybody from this process. That is likely to mean that it will be a substantial committee. It will have a substantial job to do, but that will be next year’s job, not this year’s.

[Lord Richard]

The noble Lord has been very good in giving way. Perhaps he could help me a little. I understand that this committee will produce a Bill. Will it produce a Bill in a legal form, properly drafted by parliamentary draftsmen? Will parliamentary draftsmen be attached to a committee of the three Front Benches to draft a Bill? Is that really the position, so that when the committee reports we get a Bill in draft—which can be introduced in the House—and carry on from there?

[Lord Strathclyde]

My Lords, yes. I would hope that the noble Lord would not be so incredulous. One thing that has been missing from this great debate is precisely that—a Bill in properly drafted form. It will not be introduced to Parliament as part of a legislative process, but as part of a pre-legislative process for proper discussion. I am not going to give way too often.

--- Later in debate ---

[Lord Richard]

My Lords, there is a strong sense of déjà vu about this debate. We go round and round and round again; it is not a magic roundabout, it is an eternal roundabout. I have heard nothing today which I have not heard in the past 10 years and I do not expect during the whole course of this debate to hear anything new said about this issue.

The noble and learned Lord, Lord Howe, has been persistent and consistent in his views: he does not like the thought of an elected Chamber and has passionately advocated the status quo. For my part—I do not think anyone in this House would doubt it—I have persistently advocated precisely the opposite. As he has asked the question, I shall try to answer it. It is a fair question. The debates in this House are of extreme quality—no doubt about it. The people who take part in those debates are of extreme quality—no doubt about it. We deliberate, come to a conclusion—and nothing happens. The fact of the matter is that no one is listening to us. Why are they not listening to the House of Lords? They are not listening to the House of Lords for one very simple reason—we are capable of being ignored.

When I was in the House of Commons, as any other Member here who was in the House of Commons will know, the last thing we ever did was consider what was going on in the second Chamber. Why did we not consider what was going on in the second Chamber important? Because it did not represent anything. It was a group of people, some of whom are extraordinarily distinguished, I do not deny that, but—

[Lord King of Bridgwater]

My Lords—

[Lord Richard]

Perhaps I may finish the sentence. But we are not a debating Chamber. This is a legislative Chamber; a part of Parliament. It is not here for us to have good debates and to produce good reports, which people do not thereafter read. The noble Lord wants to enjoin me.

[Lord King of Bridgwater]

I wondered if the noble Lord recalled the fact that if it had not been for the intervention of this House, we would probably now have 90 days’ detention without trial.

[Lord Richard]

If he wishes, the noble Lord can take the view that that is a massive justification for a non-elected legislative Chamber; I am bound to say that I do not. I have a simple view on this, and I have persisted in it for many years now: if you are a legislator, you should be elected by the people who are going to be affected by your legislation. It is a simple proposition.

I am pleased that the Government, with the extraordinary coalition that they now have, seem to have come to the conclusion that a mainly elected second Chamber is desirable. I share that. What we need in our constitution is a predominantly but not exclusively elected second Chamber. I am fortified in that, because that is almost the wording that John Smith used to describe what Labour Party policy was supposed to be when he was leader of the party, and that is going back a very long time. The noble Lord, Lord Strathclyde, is now in exactly the same position on this issue as he was in 1997 and 1998. His position has not moved on, but it has to.

I support the idea that there needs to be legislation, but I have one or two reservations. The first concerns the powers of this Joint Committee. For the life of me, I do not see how it is going to produce a Bill. I do not see how you could conceivably instruct parliamentary draftsmen when there may be opposition on that committee. If we get a piece of paper in our hands that says, “This is the Bill”, I shall be extraordinarily surprised.

I shall make just two further points, because I am anxious to sit down within my seven minutes. It is easy to see the ends that one wants. Very often we get to this stage of the negotiations: you agree what you want to achieve, but how on earth do you get there? We had this the other day on the Barnett formula—everyone on the committee agreed that it ought to be reformed and what we ought to see, but how on earth did we move from were we were now to where we wanted to be?

I emphasise that the transition provisions will be crucial to this enterprise. I follow the noble Lord, Lord Strathclyde, on that. Many of the people in this House are life Peers who came here on the basis that they were here for life. Maybe they will not be—I do not know—but it was a legitimate aspiration on their part, given the way that they were approached and introduced. Personally, I had a fond notion that I would be staggering into the House on my Zimmer frame at the age of 85, and I sincerely hope that that will still be the position. I do not know how the grandfather concept is going to work, but I look forward with great interest to hearing about it. The transition is very important.

The second thing that is important is the system by which Members will be elected to the House. I am sure that this will shock the noble and learned Lord, Lord Howe, and many other Members of this House, but I am totally heretical about this: it should be an election on the basis of constituencies, rather like the present European constituencies, and it should be done by PR. Elections to this House should be fixed and they should not be coterminous with elections down the other end.

In terms of the health of British democracy, the situation in which this House can provide a better check upon the Executive because of the way in which it has been elected, and because of the composition of this House compared with the composition of the other House, is a greater check on the power of the Executive than the glorious speeches that we make in this Chamber and the glorious debates that we have. If you want to check the Executive you have to have power, and in order to have power you have to earn it—it has to come from an election. It has to have a legitimacy that arises from the people.

I hope that this venture moves, although perhaps not too quickly, towards fruition. I will give it my support. I hope that at the end of the day this House will be more efficient and effective, it will be heard more and it will be more democratic and more justified.