House of Lords: Reform Debate

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Department: Ministry of Justice

House of Lords: Reform

Lord Wills Excerpts
Wednesday 22nd June 2011

(12 years, 11 months ago)

Lords Chamber
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Lord McNally Portrait Lord McNally
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No, I am not taking any more interventions.

Much has been made in this debate of the recommendation in paragraph 61 of the Cunningham committee report, which says:

“Our conclusions apply only to present circumstances. If the Lords acquired an electoral mandate, then in our view their role as the revising chamber, and their relationship with the Commons, would inevitably be called in to question, codified or not. Given the weight of evidence on this point, should any firm proposals come forward to change the composition of the House of Lords, the conventions between the Houses would have to be examined again. What would, could or should be done about this is outside our remit”.

As a member of the Cunningham committee, I was happy to sign that paragraph. The conventions between the two Houses were examined on a regular basis throughout the 20th century and to say that they will be re-examined is no more than a statement of the obvious. What is equally obvious is that how they should be examined and with what outcome was outside the remit of the Cunningham committee. The idea that the Cunningham committee is somehow holy writ and that the conventions and relations between the two Houses would fall like a portcullis at the time of the passing of the Bill is simply absurd.

What is clear is that the relationship between the two Houses has always evolved and will continue to evolve in the future, particularly over the transitional period. The fact remains that the relationship between the Houses is underpinned by the Parliament Acts and the conventions. The House of Commons remains the primary Chamber; nothing in this draft Bill changes that. Nor are we suggesting any short, sharp shock in these proposals; rather, there is what old Fabians will recognise as “the inevitability of gradualness”.

I am interested in the points made by the noble Lords, Lord Wills, Lord Davies, Lord Brooke, Lord Kakkar, and others, about whether codification is necessary. I hope that the committee chaired by the noble Lord, Lord Richard, will look at that issue and take evidence. But there will be a lengthy transitional period of two Parliaments, which will allow transfer of knowledge. Noble Lords would not be prevented from standing for election or being considered for appointment to the reformed House.

Lord Wills Portrait Lord Wills
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As the noble Lord mentioned my name, I would be grateful if I could intervene. I want to be clear on this point on codification. Am I right in thinking that the Government are not ruling out such codification?

Lord McNally Portrait Lord McNally
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We are sending the matter to a committee that will take wide evidence. I hear my noble friend saying that we are ruling it out, which is not an entirely helpful intervention at this stage of the evening, but I do not think that you can set up a commission under a chairman of the independence and distinction of the noble Lord, Lord Richard—and I am delighted that he was willing to take this chairmanship—and then tell him in advance what he can look at. I will go no further. I am sorry. I see the noble Lord, Lord Sewel, who always tries to give a spurious kind of veneer of intellectual credibility to—