Queen’s Speech

Debate between Lord Wills and Lord Mackay of Clashfern

Thursday 10th May 2012 Lords Chamber

[Lord Mackay of Clashfern]

I am saying that the legislation needs to have a reason behind it. It is all very well to legislate, and I know that from time to time we see legislation which some of us think does not have much reason behind it, but on the whole we regard it as rather important that legislation which reaches our statute book should be grounded in reason. If the democratic mandate is the same for both Houses, it is difficult to see a reason for distinguishing between their democratic authority.

[Lord Wills]

I am grateful to the noble and learned Lord for giving way. Is it not possible to conceive of a democratic mandate for a revising and scrutinising Chamber? That is precisely the reason for it. It is not necessarily an inferior role, just a different role. That is what needs to be placed in the legislation. I think that most noble Lords who have spoken so far agree with that.

[Lord Mackay of Clashfern]

That is tantamount to asking that the second Chamber be elected not to exercise full democratic authority but to have the authority only to do certain restricted things. That is not exactly an issue although it is certainly a possibility. I have never stood for election on the basis that we are discussing so I do not speak from great experience. However, I think that it must be a little difficult to stand for election if your election would result in your having very restricted authority. One could say, “My policies will not matter tuppence because the policies will be determined by the other electorate”. Such an outcome is possible in theory but would be difficult in practice. This issue has to be faced at some point and dealt with either by restricting the authority of those elected to the second Chamber in some way or by some other method. The other method one could use is that of introducing arbitration between the two Chambers, which has been hinted at in previous speeches. This is the absolutely fundamental and central point and has to be dealt with before we seek consensus when we are not sure what the consensus is supposed to be about.