House of Lords: Reform Debate

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Department: Ministry of Justice

House of Lords: Reform

Marquess of Lothian Excerpts
Wednesday 22nd June 2011

(12 years, 11 months ago)

Lords Chamber
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Marquess of Lothian Portrait The Marquess of Lothian
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My Lords, with the greatest respect to my noble friend the Leader of the House, it could be said that the proposal on which we are asked to take note must rank among the most inappropriate political events since Nero fiddled while Rome burned. That is not to criticise the quality of this debate, which, at least until now, has been superb, although for all I know the melody played by Nero might also have been superb.

The simple fact is that this proposal is the wrong answer to the wrong question at the wrong time and, in my view, is being addressed in the wrong way. Its proponents seem to challenge the doubters, such as me, to show why it should not be adopted. That approach is perverse. Surely it is for the proponents to show why these proposals should be adopted—something that they have so far singularly failed to do. I was taught many years ago that constitutional propositions should be tested against basic criteria. I listened with great care to the right reverend Prelate the Bishop of Leicester yesterday as he set out certain tests. I wish to follow him in that direction.

First, are these proposals wanted? Like many others here, in over 40 years in active politics I have never met anyone outside the refined and elitist quarters of the political class who has ever even remotely raised the question of House of Lords reform with me. Anyway, it is not for us to show that it is wanted; it is for its proponents to show that it is wanted. So far they have failed to do so, because they cannot.

Secondly, will these proposals repair something that is not working? Even the paper that we are debating accepts that your Lordships’ House is currently working well and it contains no apparent proposals for making it work better. Indeed, the only proposals for that are those advanced by the noble Lord, Lord Steel of Aikwood, in his Bill, which I strongly support.

Thirdly, will these proposals improve the governance of this country? Given that the role and powers of the second Chamber are to remain unchanged, even its most ardent proponents are not arguing that reform will improve the governance of this country; they are arguing only that it will be more democratically authoritative, whatever that is meant to mean in this context. I have yet to hear a remotely convincing explanation of that.

Fourthly, will this improve the scrutiny that is brought to bear on legislation? On the contrary, it will in time remove that vast well of specialist expertise that is the key to the effectiveness of this House and replace it with journeymen political hacks. That is a prediction that I confidently make if these proposals go through.

Fifthly, will it improve the lives or quality of life of the citizens of our country and, if so, how? I have yet to meet any member of the public who thinks that their lives will be improved by these proposals; indeed, I have not yet heard in this debate from the proponents of these proposals any suggestions as to how they will improve lives. Again, it is not for us to show that these proposals will not produce a benefit for people in this country; it is for the proponents to show that they will. Once again, they have not, because they cannot.

Sixthly, will the proposals, as claimed, strengthen the accountability of this House? What on earth is accountable about electing someone for 15 years, being unable to get rid of them during that period, however bad they are, and not being able to keep them after that period, however good they turn out to be? This is at a time when Parliament is looking to enable the recall of unsatisfactory MPs, who, anyway, are always changeable every five years at election time. That is a paradox of which Lewis Carroll would have been proud.

Seventhly, is reform really a legislative priority today? We are currently involved in two wars, in one of which many British lives have been lost; we are facing the gravest economic situation that this country has endured in my political lifetime; and we are trying to reform the welfare state, the National Health Service and our education service, all of which are creaking under the strain of overweening bureaucracy. The thought that we could spend months deliberating on this half-baked scheme simply beggars belief. It is not good enough to argue that the reason why we have to do this is that it has been on the constitutional agenda for 100 years. The longevity of a misguided concept does not make any less misguided.

Nor is it good enough to make great claims that such constitutional change will create greater acceptability. I warn your Lordships against taking too much notice of rhetorical claims on constitutional reforms. I still recall the confident and unqualified government claim in 1997 that Scottish devolution would kill nationalism stone dead. Tell that to Alex Salmond today.

A great deal has been said about the effect of these proposals on the balance of power between the two Chambers and there are still those who argue that an elected House of Lords would never dare to seek greater powers. There is in the west of Scotland a saying that if you give someone a Minch they will take an isle. It is even more in the nature of political institutions, particularly those that are elected, to seek constantly to extend their powers, so it is naive beyond credulity to believe that an elected second Chamber would not constantly seek to do so.

This dog’s breakfast—and dog’s lunch and dog’s dinner—is not a serious proposition but the product of a belief by the Liberal Democrat leadership that after the failure of the AV referendum it needed another constitutional flagship within which to shelter its increasingly tattered credibility. This, then, is what these proposals are—unseaworthy, unwanted and unsafe. Many years ago, in a spirit of friendly generosity, from a conference platform I described the Liberal Democrat logo of the dismembered bird as a cloud cuckoo looking for somewhere to land. I cannot help feeling today that the homeland of that mythical bird would be an excellent place to lay these proposals finally to rest.