House of Lords Reform

Sadiq Khan Excerpts

Monday 27th June 2011 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

I believe in a fully elected House of Lords. It is right and proper in this day and age that both Houses of Parliament are directly accountable to the electorate. I would like to remind the House where Labour stood on Lords reform at the general election. Labour’s manifesto stated:

“We will ensure that the hereditary principle is removed from the House of Lords. Further democratic reform to create a fully elected Second Chamber will then be achieved in stages.”

The Deputy Prime Minister has often suggested that the best is sometimes the enemy of the good—he used the phrase today—as justification for the proposals contained in the draft Bill presented to Parliament, which falls short of his own party’s manifesto commitment, but I feel very passionately that there is a principle at stake, the fundamental principle of having a 100% elected upper House. That is the right and proper outcome, and one which will deliver the democratic system that the people of this country deserve.

[Dr Julian Lewis]

Does the right hon. Gentleman not accept that the single most important function of our second Chamber is the revision and improvement of legislation? If we remove hundreds of people who are experts in their field and substitute them with hundreds of professional party politicians, what will make the latter better qualified to revise legislation in that Chamber than we amateurs are in this Chamber?

[Sadiq Khan]

I do not think that the second point necessarily makes the first point impossible; it is possible to have a second Chamber that is a revising Chamber and for all its Members to be elected. Of the 61 other bicameral Parliaments, none has an appointed upper Chamber. All of them are elected and seem to be doing a pretty decent job.

I am concerned that in other areas of constitutional change the Government have shown themselves willing to be less principled and more partisan. For example, we will see the number of MPs reduced from 650 to 600 at the next election, with no evidence for why we should lose 50 Members, which will simultaneously increase the power of the Executive. We have had 117 new unelected peers appointed to the House of Lords since last May, with more promised. Each peer costs £108,000 a year—we can all do the maths. There are now almost 830 unelected peers in our Parliament. We have seen boundaries re-fixed according to out-of-date electoral data that exclude 5 million eligible voters. We have seen Parliaments fixed at five-year terms, which was mentioned by neither coalition partner before the election, but is now mysteriously favoured by both. We have seen the political fudge of establishing a commission on a Bill of Rights, papering over the cracks between the coalition partners on human rights, and we have seen a failed referendum on the alternative vote. Those are some of the reasons why those of us who should be the natural allies of the Deputy Prime Minister’s plans to reform the House of Lords are suspicious of his plans and of him.

[Jo Swinson (East Dunbartonshire) (LD)]

I, like the right hon. Gentleman, would like to see a 100% elected House of Lords, but if the choice were between 0% elected and 80% elected, given that so far we have waited 100 years, I would like us to make some progress and to get to 80% elected at least. In that situation, what would he choose?

[Sadiq Khan]

I would make sure that my leader, if he were the Deputy Prime Minister, negotiated properly for a fully elected second Chamber so that the problems that have been highlighted did not occur. What has happened—[Interruption.] I hear the chuntering both from Government Front Benchers and from Liberal Democrat Members, whose concerns and aspirations I will come to in a moment. We remember the sanctimony of Liberal Democrat Members when we were in government. I will talk about the progress that has been made over the past 13 years, but I accept that there was not enough.

We have also heard that 100 years is too long to wait for those who sit in the Lords to be elected, and those of us who want a fully elected second Chamber understand the wish to proceed sooner rather than later, but there are many issues that the Deputy Prime Minister has not addressed in the draft Bill or in the White Paper, and with the best will in the world it is simply unrealistic to expect the Joint Committee to have resolved them by February, as he wants it to.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

If the right hon. Gentleman is in favour only of 100% election as a matter of great principle, why when the House last determined the matter in 2007 did he vote for all the elected options that were on offer?

[Sadiq Khan]

The hon. Gentleman might not recall, but in 2003 this Chamber rejected all seven options, so it was important to ensure that some proposals went through. They went through, and both the party that he is now in coalition with and our party had in their manifestos a promise of a 100% elected second Chamber. We are not in government; the Liberal Democrats are.

The genuine obstacles and difficulties that remain require solutions, but they are not limited to the two areas to which the Deputy Prime Minister referred. First, we must identify exactly what we want a reformed House of Lords to do. My view, and I agree with some of the interventions from Government Members, is that it should continue as a revising Chamber that seeks to finesse legislation and, yes, on occasions, to act as a check on this House. We might not like it, and when in government we might all prefer to push our legislation through without any opposition from the second Chamber, but its role is an important check on this House and on the Executive, and that is right and proper and part of a healthy democracy. Too few checks are bad for all of us, and it is important that we preserve the balance.

[Sir Menzies Campbell]

I am having some difficulty following the right hon. Gentleman’s logic, but perhaps he will help me in this respect. Is he saying that he is so committed to a 100% elected House of Lords that he would vote against an 80% elected House of Lords?

[Sadiq Khan]

What we have before us is a draft Bill, but we have also a very good Joint Committee, and I look forward to it doing the work that is required, within a sensible time scale, to come back with a Bill that we can all accept with cross-party consensus.

[Mr Gray]

May I invite the shadow Minister to rise from the short grass and the detail of exactly what is going to happen and, for a second, before he moves on to the detail of his speech, to address a fundamental question? Which aspect of the work of the House of Lords, as currently constituted, does he dislike or think unsatisfactory? If he can point to some part of the work of the House of Lords that is wrong, will he explain how it would be improved by electing 100% of its Members?

[Sadiq Khan]

The hon. Gentleman heard the speech from the Deputy Prime Minister, who gave a number of examples whereby the other Chamber—[Interruption.] I will give the hon. Gentleman an example. Is it right that we have 828 Members in the other place, all of whom, except for the 92 who by good fortune of their DNA have to go through elections, are not elected? That is not acceptable in a modern democracy.

There are those who have, I accept, legitimate concerns that a directly elected upper Chamber might seek to assert its newly found democratic mandate by facing down the Commons, and it is critical that the Joint Committee addresses that issue. After all, the primacy of this House must remain. It currently rests on two principles, the first of which is legislative. The Parliament Acts removed the powers of the Lords over money Bills and empowered the Commons to override the Lords on non-money Bills. The second principle underpinning the primacy of the Commons is drawn from the elected nature of its Members, so if we move to a directly elected upper Chamber it is not unreasonable for some to ask whether this House faces a threat to its primacy.

[Graham Stringer]

I will try to have another go at the point I made to the Deputy Prime Minister. In today’s edition of The Times, the previous leader of the Liberal Democrats, Paddy Ashdown, says that the newly reformed House of Lords—the Senate—would be able to stop this House doing what it wanted on a manifesto commitment. I was completely against the poll tax, but it was in the Conservatives’ 1987 manifesto. The Liberal Democrats want more power to go to the other place. How would my right hon. Friend guarantee the primacy of this House on non-legislative matters?

[Sadiq Khan]

There are big questions about the powers and functions of the second Chamber, and my hon. Friend has given one example of the anomalies that arise. The hon. Member for Cities of London and Westminster (Mr Field) gave another example of the issues that those of us who are in favour of a 100% elected second Chamber need to address if we are going to win the argument not only in this House but in the other Chamber. That is why a simultaneous debate on powers, conventions and the relationships between the two Houses is absolutely fundamental if we are to get the reform right so that it delivers the bicameral system that serves our democratic needs effectively. Form and function go together, and I am afraid that there is scant evidence that that is recognised in the draft Bill and in the White Paper.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

The right hon. Gentleman is a reformer within his party and has a good political tradition, and the newly elected Labour leader has a similar view on this issue. Will he therefore be very clear to the House that he supports, and the Labour party supports, a bicameral Parliament with primacy in this Chamber and an elected second House, and that during this Parliament Labour will work with the Government to achieve that so that we can have elections in 2015?

[Sadiq Khan]

The right hon. Gentleman may not have heard everything I have said—it has not been that great so far—but I think I highlighted in the first 30 seconds the Labour party’s policy, and my views, on this issue. He can take it from us that we will do business with those who keep promises and whom we can be sure have a real commitment to a properly elected second Chamber.

It is obvious that many of the conventions that have stood us in good stead over decades are becoming increasingly defunct and will not serve us at all should reform proceed as planned. For example, the convention whereby the Lords will not continue to oppose legislation based on manifesto commitments for which there is a mandate faces a new test under the coalition given that it is not clear what can be considered its manifesto. Is it each party’s manifesto or the coalition agreement, which the electorate did not vote on? We will need to ensure that the rules and regulations that allow a reformed upper Chamber to continue to revise and scrutinise are in place, while continuing to recognise the role of the Commons. The second Chamber must continue as a revising Chamber, not a rival Chamber.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

Given the right hon. Gentleman’s strong commitment to honouring manifesto commitments, will his party honour its own manifesto commitment to insist on a referendum on any Bill on an elected House of Lords?

[Sadiq Khan]

The hon. Gentleman makes a good intervention. It is important that the Joint Committee respects party policy and manifestos, and I hope that it will do so in its recommendations.

The draft Bill does not adequately address these issues. Clause 2 simply states that nothing in the Bill

“affects the primacy of the House of Commons”.

That is inadequate and ignores work done on rules and conventions by previous Committees, including the Joint Committee on Conventions chaired by Lord Cunningham of Felling. The new Joint Committee will need to recognise this fact and seek to open up the issue of powers and conventions; otherwise, the reform process runs the risk of being fatally flawed.

Another area of concern is the length of term of those elected to a newly reformed upper Chamber. Increasing the democratic accountability of the Lords has to be one of our key objectives, but I am unclear how this will be best served through single 15-year terms for those elected. What do we do in a situation where some less diligent individuals are elected and recognise, almost straight away, first, that the next 15 years are now sorted and, secondly, that they do not need to worry about what the electorate believe or want because they will never need to face them again at the ballot box? Is this what we want in our second Chamber?

We also face the tricky constitutional issue of the future of the bishops. I recognise that we have an established Church and that a move to a fully elected upper Chamber would not accommodate our current system. Some have argued that if we allow the bishops to stay in the reformed second Chamber, we should allow representatives of other major religions to have seats. However, there are major practical difficulties, not least the fact that some religions do not have such obvious hierarchical structures as others, so it is unclear who would be their representatives—let alone whether it is right for organised religion to play such a central part in our political system. It is right and proper that this House and the Joint Committee debate such issues if we are to get reform of the second Chamber right.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

My right hon. Friend is making a very good speech. At the beginning, I was a little concerned that those of us who have consistently, even when we have voted tactically to frustrate some of the motions—[Hon. Members: “Ah!”] Yes, Members on both sides of the House have done that. Some of us resent the suggestion that we are anti-democratic. Those of us who believe in the primacy of this House want either the abolition of that place or a very weak upper House. That is the democratic position and it is due some respect from both Front Benches.

[Sadiq Khan]

My hon. Friend makes his point very well.

Another area that the Joint Committee will have to examine is the transition. What will happen to the existing Members of the House of Lords? One option is to allow them to continue until they choose to leave by their own volition or die. Even the option of a phased move over time leaves the question of which Members to keep and which to ask to leave. That would not be easy to manage and would not be cheap.

[Mr Field]

Is there not a precedent from what happened in 1999, when the hereditary peers whittled down their own number from 650 to 92? Will the shadow Secretary of State and his party support a similar situation if there is any sense of frustration from this Bill in the years to come, whereby the massively over-bloated House of Lords is reduced from 800 or so Members to 300, allowing each group, including the political parties and the Cross Benchers, to choose their Members on a pro rata basis? Might that not be an important poisoned pill to ensure that we get reform with some speed and alacrity?

[Sadiq Khan]

It is very unusual for me to be fair to the Deputy Prime Minister, but he did include that very option in the White Paper. The Joint Committee will have to look into that before a Bill is finally published in February, as the Government hope.

We are also faced with the cost. Each peer, as I have said, costs £108,000 a year. The 117 new peers who have already been announced will cost £63 million over this Parliament. A transition that involves a 15-year phasing out of existing peers would therefore result in a substantial cost to the taxpayer. Other areas that need resolution are the size of the second Chamber, the impact of early elections, the electoral system to be used, and the need for a referendum for such a big constitutional change.

Between 1997 and 2010 a number of parliamentarians, including some very good ones, stood where the Deputy Prime Minister just made his speech from and argued for reform of the House of Lords. During that time, we made some progress in reforming the House of Lords. We removed 90% of the hereditary peers, created the post of elected Lord Speaker, separated our judiciary from the Lords by creating our first ever Supreme Court, and created people’s peers. We clearly did not go as far as we would have liked. However, as I am sure has happened and will happen to the Deputy Prime Minister, we encountered opposition to our proposals at every turn, most tellingly from his new political bedfellows. The Conservatives opposed our attempts to remove the hereditary peers from the Lords, most recently in the passage of the Constitutional Reform and Governance Act 2010. They undermined our attempts to reach a cross-party consensus on Lords reform throughout our 13 years in government. The irony is that this Government are embarking on Lords reform at a time when citizens up and down the country are more preoccupied with fears about job losses, their pensions and cuts to public services. They expect us to prioritise those bread and butter issues as well.

One great parliamentarian who stood where the Deputy Prime Minister just stood and argued for major change to the House of Lords was Robin Cook. When I look at the draft Bill and the White Paper presented by the Deputy Prime Minister, and when I think of the task facing the Joint Committee, I think of the words of Robin Cook on the evening in 2003 when the House of Commons rejected all seven options for reform that had been presented by another Joint Committee:

“We should go home and sleep on this interesting position. That is the most sensible thing that anyone can say in the circumstances.”

He went on to say that

“the next stage in the process is for the Joint Committee to consider the votes in both Houses. Heaven help the members of the Committee, because they will need it.”—[Official Report, 4 February 2003; Vol. 399, c. 243.]

Reflecting on those comments, I sincerely wish the members of the Joint Committee and the Deputy Prime Minister the best of luck in the challenge ahead.

[Several hon. Members]

rose—