House of Lords Reform

Debate between Mark Durkan and Mark Field

Wednesday 14th January 2015 Westminster Hall

[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.