Queen’s Speech

Lord Wakeham Excerpts

Thursday 10th May 2012 Lords Chamber

[Lord Wakeham]

My Lords, it is a great pleasure for me to follow the Convenor of the Cross Benches. I have always had great respect for Convenors of the Cross Benches. I remember that when I arrived in the House as Leader the Convenor of the Cross Benches was Lady Hylton-Foster. I consulted her on the appointment of someone to an important position and said that there was a question as to whether they might be a little too old because they were 75. She looked at me as if I was absolutely out of this world. She told me how old she was and that was the end of the discussion. I have always treated Convenors of the Cross Benches with considerable respect.

Your Lordships will not be surprised to hear that I want to say a few words about Lords reform. As has been mentioned by both Front-Bench speakers, some 10 years ago I was the chairman of the royal commission which produced a report on Lords reform. Everyone will probably have forgotten what we said, but it was that the Lords should continue to be mostly appointed but that there should be a significant proportion of elected Members, particularly because we thought that the regions and nations of the United Kingdom were not well represented there and that that would be a way to increase the spread of membership. We recommended what is now, in common parlance, the 15-year non-renewable term.

I have to say that our report got an extremely bad press. A number of people said that it was an interesting report, well argued and everything else, but that it had come to the wrong conclusions. We did not mind that it got a bad press, because we expected that, although it was slightly embarrassing to me because it was at the same time as my youngest son was taking his A-levels and he had to write an essay on an article by a Guardian reporter which referred to the timid and cautious report of Lord Wakeham. When I saw the paper afterwards, I said, “I hope you told him that it was an extremely bold report”, to which he said, “No, Dad, I said that it was timid. I want to pass the exam”. That was the sensible thing to do.

The one bright spark at that time was the Labour Party, because it put in its manifesto that it had accepted the Wakeham report and would implement it. It was slightly embarrassing for me to have my name in a Labour Party manifesto, but it was encouraging. When the noble Lord, Lord Hunt, tells us about the need for a 100% elected House, I can remember a time when that was not quite the Labour Party’s position. That is not my recollection.

[Lord Hunt of Kings Heath]

My Lords, I am grateful to the noble Lord for allowing me to acknowledge the excellence of his royal commission report. He will remember that we tried, and produced a White Paper, but, alas, we did not get anywhere with it.

[Lord Wakeham]

It is another story as to why the noble Lord did not get anywhere with it. I will not bore the House with it now, but he and I know many of those reasons.

The main lesson of my report has not been learnt even to this day. Our report recommended a compromise, and that is why people did not like it. Everybody compared their ideal solution with our compromise, and our compromise looked weak and wishy-washy compared with what they wanted. We talked about a compromise; in the modern jargon, that is a consensus, but it is the same thing. We did not reach our consensus easily, I can tell you. One of my noble friends who was on the commission told me privately when we started, “I have already been party to a published document that said that there had to be an elected element in any reform of the House of Lords”. One very distinguished Labour Member of Parliament—a good many noble Lords will guess who I mean, but I shall not mention his name—came to me to say, “If the commission so much as discusses elected Members, I will not attend any more of the meetings”. I persuaded them both to stay. They both signed the report, and we got consensus. It is therefore possible for people of goodwill to get consensus.

What do I mean by consensus? I mean that all our preconceived positions, both of and within the parties, have somehow to be melded together in a form of compromise for a way forward. As my noble friend the Leader of the House has acknowledged, as a result of the Joint Committee report the Government have to think again about a number of the things which they are doing. If I may say so to the Labour Party, it, too, has to think again about the idea that it can have a 100% elected membership. It is quite simply unrealistic. A consensus outcome will not produce that. We have in Parliament a very big responsibility to get this right and to get consensus because, as people have frequently said, outside this Chamber there is no great interest in what goes on in here. They are not interested in what we do and for us therefore to try to put through a solution that was highly controversial within the House would be a grave dereliction of our total responsibilities as a Parliament. Consensus is therefore what we have to achieve.

Let me say three things about the position as I see it. First, the Government are right to try to see whether they can find a consensus. This issue has been hanging about long enough, and if it is possible to find consensus, we ought to move forward. Secondly, in my view a consensus will involve a partly elected and a partly appointed House. There will be some very tricky negotiations as to how they are going to achieve that. An issue which is now highly relevant, but was not realised 10 years ago, is the effect that that will have on the House of Commons. It has to be thought about very carefully. Thirdly, and of this I am quite sure, if the House of Commons reaches a consensus and sends us a Bill that reflects that consensus, the responsibilities of this House are clear. We should treat the Bill like any other coming before the House. We should give it a Second Reading, try to improve it in Committee and give it proper scrutiny in the normal way. This applies, I am afraid, particularly to noble Lords who do not like things going on as they are. All of us have a responsibility to act in accordance with our precedents.

Finally, I have been in this House for 18 years and was also in the House of Commons for 18 years. I had the honour of being Leader of each House. There are still Members of this House in all parties and of none who are of great distinction, but the place has changed in the 18 years I have been here—and not for the better. When I first came here, I remember Lord Callaghan and Lord Whitelaw getting up time and time again when their Governments were in difficulties to say, “I completely accept the right of your Lordships to pass this amendment, but is it wise?”. They were really saying that there is no point in a revising House passing series after series of amendments which will just be reversed when they get to the House of Commons. A revising House should be looking at the legislation that has come forward and seeking to improve it, particularly where the House of Commons is singing on an uncertain note. That is the moment to make amendments towards effective legislation, rather than sending back hundreds of amendments. I hope that people will not be offended if I suggest that we use with some humility the position that we are somehow superior in public perceptions and in our judgment of the public good. The House of Commons is the elected House, its Members accountable to their electorates, and we should not live in a world of wishful thinking, make-believe or has-beens.

[The Earl of Sandwich]

Would the noble Lord care to make a comment in his search for consensus on the original Bill of the noble Lord, Lord Steel?

[Lord Wakeham]

I will be frightfully indiscreet and say that if I were still in charge of business management, I would be 100% in favour of my noble friend’s Bill but probably would still not have given it government time to get it through, because I know perfectly well what happens. Every single amendment you can think of would have been added to it, and the timetable of the Government would have been lost. I have no idea whether that is the Government’s view, so while I am in favour of what he wants to do and think it a disgrace that we have not found the time to do it, I can see the difficulties of business management if you bring in a Bill of that sort when there is no consensus on the way forward.