House of Lords Reform

Mark Durkan Excerpts

Wednesday 14th January 2015 Westminster Hall

[Pete Wishart]

I know the hon. Gentleman’s record on these issues. He has been a big advocate of House of Lords reform, and I congratulate him on his efforts. I agree with him. I disagree, however, with the Labour party’s position on the issue. I debated it on television last night, in advance of this debate, and the Labour position—I do not know whether the hon. Gentleman buys into it; we might hear about it from the shadow Minister—is like a secondary mandate, whereby the institutions of the United Kingdom somehow decide among themselves who should inhabit the second Chamber. I am interested to hear more—the shadow Minister is shaking his head, and we will hear from him exactly what the Labour party’s plan is—but that was suggested in the House of Lords when I watched a debate on it. I am sure that the shadow Minister has his plan, but the second Chamber should be elected, as the hon. Member for Edinburgh North and Leith suggested. There is no substitute for democracy. We live in a democratic country, culture and society, so of course our Houses have to be elected.

Things have to change; they cannot go on as they are. We have tried to reform and democratise the place, but every effort over the past 20 years has failed. This might be hard for its 850-odd Members—likely to be 1,000 in the next Parliament—but it is now time to concede that the whole place is unreformable. It is time to rip the whole thing up and start again. That is the only way we can get reform.

As I have said, I believe that we need a second Chamber. We are a large and complex democracy, with asymmetrical devolution to all parts of the United Kingdom. I am open to any suggestion or plan for progress, but I do not think that it is for me, an oiky Nat Back Bencher, to suggest to the great and the good of the Westminster establishment parties the sort of model for reform that should be adopted. That is not my job—I will leave it to the great minds we see assembled on the Front Benches today to try to determine a way through. I am going to suggest several principles that I believe have to underpin a brand-new institution as we go forward.

The first principle, as the hon. Member for Edinburgh North and Leith said, is that the revising Chamber must be exclusively democratic. We can no longer go forward with an appointed institution, and we certainly cannot have an institution with Members who are there only because of their family. That cannot go on—it has to be based on democratic principles.

Let me tell hon. Members something embarrassing about this situation. I am a governor of the Westminster Foundation for Democracy, a task that I take very seriously because the foundation does fantastic work. I go around the world to speak in emerging democracies, to encourage good governance and support multi-party democracy as much as I possibly can. How can we give that message when we have the embarrassment of that undemocratic institution down the road? How dare we try to suggest to developing nations—countries that are struggling with democratic principles—that they emulate the United Kingdom? Are we asking them to get Lords or jump around like Santa Claus in their red cloaks? That embarrasses this nation. It is an embarrassment to me and to anybody else who does that work on behalf of this country around the world. The first principle, then, is that the revising Chamber must be absolutely democratic. That should go without saying.

The second principle is that its membership must be in proportion to the main Chamber. It is preposterous that we have a second Chamber of such a size, with 847 Members, soon probably to be 1,000. Its size must be in proportion to the main Chamber. I suggest that it should be a quarter to a third of its current size—anything between 200 and 250 Members should be sufficient for the task required of it.

That brings me to my third principle, which is also important: the role of the new Chamber should be clearly defined. My view is that that role should be exclusively scrutiny and supervision. I am unhappy when I see Bills initiated in an undemocratic House. During this Parliament, we have considered quite a few Bills that were initiated in the House of Lords and I am not happy about that. I do not think it right—elected Members should initiate legislation and design and shape it. Please, yes, let the other Chamber scrutinise and have a look at it, tell us when we have it wrong and improve it if necessary, but the second Chamber should be supervisory.

One reason why House of Lords reform failed a couple of years ago was the spurious fear of Conservative Members who suggested that any elected Chamber would be a challenge to the supremacy of the main elected House—as if that would be a bad thing and that a little bit of a challenge would not actually help the elected Members of the House of Commons. Myself and the hon. Member for Edinburgh North and Leith are Members for Scottish constituencies and share constituents with MSPs—we even share constituencies with list MSPs. That spurs me on to make sure I do better, and I am sure that it is the same for the hard-working hon. Gentleman. The nonsense about having competition for the main House is spurious, but if we clearly define the roles and functions of distinctive and separate Houses, it would lay that issue to bed.

[Mark Durkan (Foyle) (SDLP)]

I commend the hon. Gentleman on securing this debate. When it comes to Lords reform, as he says, many Members of the House of Commons profess themselves to be very precious about the democratic integrity and authority of the House. However, they do not seem to be as precious about that when it comes not just to allowing Bills to be initiated in the Lords, but to allowing that the key amendments to Bills be passed there; even when there is a will for those amendments in the Commons, it consistently defers to the House of Lords to produce them.

[Pete Wishart]

The hon. Gentleman is absolutely right. There is increasing use of the House of Lords as a Chamber that puts through Government amendments. He and I—and the hon. Member for Cities of London and Westminster (Mark Field)—sat through five days of proceedings on the Counter-Terrorism and Security Bill. I have always thought that I was elected by the people of Perth and North Perthshire to scrutinise and try to improve legislation, but we were told that that was going to be done in the House of Lords, and the Bill would come back to us amended. The use of the House of Lords for the Government amendment of Bills is inappropriate and has to end. If we properly align our two different Chambers and make sure they are properly distinct, those sorts of issues would end.

My last principle is one I mentioned in response to the hon. Member for East Londonderry (Mr Campbell): get shot of the deference and the 13th century institutions, which are something like “Game of Thrones”. This is the 21st century, for goodness’ sake. We need our democracy and its institutions to reflect the age that we live in. Forelock-tugging, curtseying and having lords, ladies, barons, dukes and earls is all nonsense—get rid of it. It is absolutely absurd and ridiculous. Let us have a modern functioning democratic Chamber that looks and feels like the community and society that we serve. If we can get that, we will be making real progress.

Those are my principles for how we should establish a new and democratic Chamber to look after legislation. As I said, it is not up to an oiky Back-Bench MP to try to suggest the model, although I am attracted to the idea of using the European electoral regions as a basis for an election by proportional representation, as the hon. Member for Edinburgh North and Leith suggested, for the 200 or 250 Members we require.

I have been on my feet for half an hour, so I will finish. We are coming up to an election, and every time we do, manifestos are stuffed full of promises to reform the Lords. We have had it all before. The Labour party is the great reformer this time around. I listened carefully to the Leader of the Opposition setting out his stall in that respect a few short weeks ago. Do it this time. Just do it! Labour had 13 years in power. Although it made some progress when it got rid of the hereditaries, more is required.

I must say to the hon. Member for Liverpool, West Derby that Labour has not been particularly good in its relationship with the House of Lords: it was the Labour party that oversaw cash for honours. If he has concerns about the House of Lords, particularly its bloated nature, the first thing that the hon. Gentleman might want to do is stop putting people in it. Just stop it! There is no need to make a bloated House even bigger. The Conservatives have different issues with and attitudes towards the House of Lords, so they will probably continue to put people in it, but the Labour party needs to stop stuffing that place full with more cronies and donors. That is the first thing that the Labour party should do demonstrate that this time it is serious about House of Lords reform.

I hope that, in the next Parliament, we can at last to make some real progress in ending this farce. It is a circus. It is not fit for purpose. It is anachronistic. It is ridiculous, absurd and bizarre. We need to ensure that it can do a proper job of scrutinising the activities of this House. Let us get rid of the whole shooting match and start again; let us put in place something that is fit for purpose and that the whole nation can be proud of.

--- Later in debate ---

[Mark Durkan (Foyle) (SDLP)]

I recognise, as does the hon. Member for Cities of London and Westminster (Mark Field), that in the context of the crying need for House of Lords reform, it is easy to caricature the contribution made by all the Members of that Chamber. I recognise from my time in Parliament the worth of the work of some Members of the House of Lords. Nevertheless, that does not detract from the pressing need for significant reform.

Unlike the hon. Gentleman, I do not necessarily believe in a unicameral legislature at the level of a full sovereign state. There was recently a proposal to abolish the Senate of the Irish Republic, and I am among those who believed in retaining the second Chamber. However, the House of Lords needs significant reform, because it works on a strange electoral college system and is far from democratic and responsive. It is not the most satisfactory way to carry out the proper role of a revising Chamber.

In introducing this useful debate, the hon. Member for Perth and North Perthshire (Pete Wishart) rightly made a number of observations about the fact that everybody says they are committed to House of Lords reform. For more than a century now, the law of the land has been committed to House of Lords reform. Every time there are significant proposals in that direction, everybody ends up putting their own versions of reform, to show that they are on the side of reform; the situation is almost engineered to be a penalty shootout in which nobody actually scores. We just stay with what we already have, the only difference being that even more people are packed on to the Benches.

That is true even in this Parliament, which saw the House of Lords Reform Bill. We should remember that that Bill was passed on Second Reading with a significant majority; it ended up being pulled not because there was no support for it but because of a difficulty over a programme or timetable motion.

If people had been serious about reform, they could simply have come back with a different programme motion. If the Government really believed that the Opposition were being cynical and were conspiring with Tory rebel Back-Benchers on the programme motion, the Deputy Prime Minister could have brought back another programme motion and built into it measures and ample time to allow for specific consideration of the issues that Labour said were its main points of concern.

The Government could have met the obstacle full on. That would have done not only justice to the clear demand that exists for House of Lords reform but a lot of good for the credibility of the Commons Chamber.

[Pete Wishart]

I am grateful to the hon. Gentleman, because he reminds us of the period when we last looked at this issue. In fact, the problem was more than that—there was actually a spat between both partners in the coalition, which ensured that the Bill fell. Why should an issue as important as House of Lords reform depend on the two partners in government not falling out with each other over a timetable motion?

[Mark Durkan]

I fully accept what the hon. Gentleman says; of course, that “spat”, as he calls it, related to the parallel or concurrent legislation that had been produced about the voting system and constituencies. That legislation turned out to be a case of premature miscalculation on the part of the Liberal Democrats. They wanted a Second Reading debate by the time of their first party conference in government and they wanted the Bill passed by the time of their second such conference—but, of course, the linked issues in and around Lords reform ended up meeting difficulty. Then, because of some other issues to do with the constituency changes, it was deemed easier to pull the House of Lords Reform Bill in a sort of fit of pique or a broad political huff than it was properly to pursue Lords reform, which we all say we support.

As you know, Mr Howarth, I come to this debate as a constitutional Irish nationalist. I have already said that I believe in having a second Chamber in the context of the Irish constitution. One factor that I have always believed the Seanad Eireann was able to accommodate, although it was not allowed to accommodate it as well as it should have done, is the position and the outlook of those members of the Irish nation who do not live within the 26 counties of the Irish Republic, not least those in Northern Ireland. Similarly, in the context of considering proposals about how to take forward a debate on a united Ireland after the Good Friday agreement—with its principles and promises, as ratified in a solemn act of articulated self-determination by the Irish people, north and south—my party has made it clear that in the event of a referendum in Northern Ireland ever bringing about a united Ireland, we would equally see the case for a reformed second Chamber here in the British Parliament accommodating and representing people from Northern Ireland who believed that they were part of the body politic of the British nation and who wanted to continue to be identified here as well. So, if the test in politics is, “Do unto others as you would have them do unto you,” we meet that test. That is one of the reasons why, as Irish nationalists, we are interested in this issue.

I am not particularly obsessed with the feng shui of arranging the various bits of furniture of the British constitution, even though I find myself shanghaied as a member of the Political and Constitutional Reform Committee into considering it. However, as an Irish nationalist with my own outlook and hopes, I have a legitimate and valid interest in House of Lords reform in terms of a future role for a reformed second Chamber here in Parliament.

As I said in an intervention on the hon. Member for Perth and North Perthshire one of the things that frustrates me as a Member of the House of Commons is the fact that whenever voting reform of the House of Commons is proposed, time and again, many hon. Members—from all parties—step up to say that they are opposed to particular types of voting reform and that they are also opposed to electing a House of Lords, because they feel that such an elected second Chamber would somehow undermine the elected authority of the House of Commons.

Yet, at the same time, those Members are consistently prepared to engage in a dereliction of the legislative duty of the House of Commons by constantly deferring to the House of Lords when it comes to reforms. In this Parliament, that might be related to possible whipping challenges and the difficulties of getting some amendments through or allowing them through at the hands of the rebels and to saying, “Well, it’s easier if we come up with a recooked version of those amendments in the House of Lords.”

The situation was the same in the last Parliament. Then, although the Labour Government did not face those difficulties, again and again, it seemed to be the automatic convention that if they accepted that the case for an amendment had been made in the Commons, the due place for it to be made was not the Commons itself but the Lords.

Significantly, among the few amendments that were actually made to Government Bills in the Commons in the last Parliament were amendments to the Parliamentary Standards Act 2009. The right hon. and learned Member for Beaconsfield (Mr Grieve) managed to get an amendment made by a majority of just three votes. It was also in the context of the 2009 Act that I got an amendment directly accepted by the Government for the only time. The amendment inserted a reference to Her Majesty’s Customs and Revenue into the Bill. Any reference to HMRC had been completely omitted before that, even though we could all consider the tax dimensions of the expenses scandal. The Government accepted the principle of one amendment but said that they would work up a better version of it in the Lords. However, they fully accepted another amendment.

That situation is a rarity, and it is a scandal that in an elected legislative Chamber, where our main job is meant to be to act as legislators and to provide due elective consideration, we are so derelict in our duty in relation to making amendments. That is why the House of Lords is credited with making an exaggerated number of amendments and why its status as a revising Chamber is inflated by comparison with the dereliction of duty in the Commons.

Changing that situation would lead to a challenge to the Whips system and, indeed, to Members of the Commons themselves. Let us remember that although it is easy to caricature Members of the House of Lords in the way that the hon. Member for Perth and North Perthshire did in introducing this debate, reform of the House of Lords would lead to a significant change in the role and work load of the Commons Chamber, too, and of individual MPs. Whether or not we end up with any significant mechanism for recall or any other such reform, the fact is that we—as individual Members of that primary elected Chamber—will need to take responsibility. It would not take a conspiracy theorist to suggest that some of the reluctance about House of Lords reform that exists could be because people are not prepared to adjust to the changes and the new requirements that would then extend to them in the elected Chamber.

[Mark Field]

The hon. Gentleman has demolished the argument that is made—sadly, by some of my colleagues on the Conservative Benches—about this idea of the primacy of the House of Commons somehow being threatened by Lords reform. May I also say that, like me, the Minister who is here today is a London MP? We proudly represent our own constituencies, but of course London also has eight or nine Members of the European Parliament, an elected Mayor, members of the Greater London Assembly and 11 top-up members of the GLA, and indeed there are also about 30 councillors in our patch. However, because the responsibilities of all those offices are well-defined, there is no sense of our being undermined by them, and the same would apply to the Commons and the Lords if the House of Lords was to continue.

[Mark Durkan]

I fully accept the hon. Gentleman’s point. However, in circumstances where there is a moving agenda in relation to devolution, including demands for different forms of downloadable devolution for England, whether in the metropolitan cities or in other local government conglomerations, I recognise that there needs to be some sort of parliamentary or representative charter that makes it easier for the voter to understand which of the different elected offices is responsible for which issue. At times, there is quite a blur, and in the context of Northern Ireland, there ends up being confusion about the swinging doors between devolution and the Westminster Parliament.

My final point relates to appointments to the House of Lords. My party has never made such an appointment; we have always refused to do so, and that has included people who have served honourably in this House, such as John Hume and Seamus Mallon. When Tony Blair was Prime Minister, he and his advisers and coterie made strong suggestions to me that we should appoint people to the House of Lords. They were willing to appoint people and embarrassed by the fact that they were appointing more and more Unionists to the House of Lords and nobody was there to represent the dimensions and outlook of the Social Democratic and Labour party.

I pointed out why we do not appoint people to the House of Lords: we do not believe, as nationalists, that we are going to put the ermine into self-determination by taking seats in the House of Lords. I was told, “These would be working peers. Don’t see it as part of the honours system; they would be working peers,” and I suggested, “Well, if you want someone who would reflect an SDLP perspective, would be in strong sympathy with them and would be a working peer, you could always appoint somebody like Kevin McNamara, but he would probably be too much of a working peer for your taste,” to which I got a firm nod and a fair smile.

When I was leader of my party, I was approached with offers of money to nominate people to the House of Lords. That happened on more than one occasion. At one point, I was approached—not by the person who wanted to be appointed, but by somebody else who seemed to speaking on their behalf and certainly in that person’s interest—with an offer of £50,000 to change my position and the party’s position on the House of Lords. Of course, I refused, but I noted with interest that that person subsequently found a way on to the Benches of the House of Lords. I do not know whether any money changed hands or anything else. I have no evidence of that; I can simply give witness. That, again, is what adds to my sense of scandal over the fact that we have failed to deliver proper House of Lords reform, but I recognise that we do not have the luxury of simply pointing the finger at the inadequacies of the House of Lords. The House of Commons must bear some responsibility and would be significantly challenged by reform.