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House of Lords: Reform

My Lords, some time ago, when the other place debated our future, they had what the Leader of the Commons described as a train crash. They rejected everything on offer, and the track was littered with debris. This time, the train has been hijacked. It was supposed to go to a halfway station called Hybrid, but it went on to a stop called One Hundred Per Cent, which was not the Government’s intended destination. They brought this on themselves by mistrusting the House of Commons. Mr Straw admitted as much when he decided against a proper debate on the White Paper. He said, "““that would be too contentious and lead to us disappearing down all kinds of rabbit holes””.—[Official Report, Commons, 7/3/07; col. 1599.]" What an admission that was! The outcome was more pantomime than Parliament. It was certainly no way to treat a White Paper on a major constitutional issue. I am grateful to the noble and learned Lord the Lord Chancellor for giving us greater credit. His Motion allows us to take note of the White Paper in the proper way. I should hate to see the noble and learned Lord, Lord Falconer, get off at the wrong stop onMr Straw’s train. The White Paper is a good start for our preventive action, because it demolishes the case for a wholly elected Chamber in a succession of hammer blows. The hammer blows apply with almost equal force, in my view, to the case for any elected element. Paragraph 7.6 of the White Paper warns that a fully elected House might, "““find it difficult to avoid challenging the primacy of the Commons””." Of course those elected would have the authority to challenge the Commons. Currently, there is no real doubt about the balance of authority between the two Houses. This House can ask the Commons to think again—we have done so on more than one occasion—but the Commons, quite rightly, has the last word. With the arrival of elected Peers, that process would be removed with only one result—a claim by the Lords to parity with the Commons, to the growing risk of gridlock between the two Houses. Where do we go from there? It is a hugely important question that needs an answer. Such a major change lies at the heart of our constitution, but Mr Straw in his White Paper remains silent on it. Why be so coy in coming forward with an answer? For both Houses of Parliament there is a need to know. Paragraph 7.7 tells us that a fully elected House would make it ““very difficult”” for independent Cross-Benchers to sit here, "““because the political parties would be very likely to dominate any election process””." Of course they would. We know that party machines expect conformity. Candidates would be selected on the basis of deals that had nothing to do with the aims of the White Paper. Think of the mischief that that could cause with the bait—I emphasise the word—of a 15-year term here with no accountability. The forces of law and order have enough on their plate. Currently, Cross-Benchers account for 27 per cent of our make-up, and one-party control tends to be avoided. In a hybrid House, that percentage will be reduced to 20 per cent. In a fully elected House, the Cross-Bencher would be wiped out, as of course would the Bishops. How would that increase the effectiveness of this House, an ambition Mr Straw patronisingly tells us that he is keen to achieve? Here yet again is the absence of any argument that suggests that the arrival of elected Peers would improve present structures. The only point advanced for change is that elections would make us more legitimate. As the noble and learned Lord, Lord Howe, eloquently pointed out, we look in vain for an argument that they would in any way improve the performance of this House. The very opposite would be the result. The White Paper argues the need for greater diversity, but warns against losing what we have—and quite right, too. I caution those social engineers in Whitehall to look closer to home before they tamper with recognised success. This House needs no lessons in ethnic sensitivity, religious tolerance, and expertise over a wide range of interests and in public service. It is in this that our legitimacy lies. Of course there is room for further diversity in religion, culture and background, which would be welcomed and could be achieved through a statutory body charged with the responsibility for making appointments which reflect the diverse society of the United Kingdom. The threat to democracy does not lie in this House. It lies in the poor turnouts at elections, the alienation of young people, the weakness of local government, and the raising of political funds by dubious means. It also lies in the lost powers of the House of Commons to fully scrutinise legislation and hold the Executive to account. We all know that Bills arrive here, great chunks of which have never been considered in Standing Committee in the other place because of the draconian use of a new procedure, politely called programming. In my view, both major parties carry responsibility for that loss of power. I was relieved when the noble and learned Lord, Lord Falconer, stumbled a few weeks ago trying to explain the proposed electoral system and what the Government had in mind about it. It made me feel less ignorant, and I am grateful to him. Voting for a ““partly open regional list”” sounds like something dreamed up by policy nerds with partially open minds, raised in partially open spaces and favouring partially open societies. At this point, let me say that linking this House to European elections is unwelcome; we are an integral part of the British Parliament, not an adjunct to Strasbourg. I also have a view that is not shared by many and is not popular, but that I wish to express. It seems to me that the majority of the remaining hereditary Peers are working Members here. I would like to see them become life Peers and let the force of nature take its course. I recognise the dedication and hard work that went into the consultations that Mr Straw and others have chaired over the years, but I regard the White Paper as a poor reward for their labours. It masquerades as a prospectus for progress and offers a programme for muddle and confusion. In truth, Ministers regard this House as too effective and too independent. Even the Prime Minister says that a hybrid House would not work; the Chancellor of the Exchequer says nothing. So they left it to Mr Straw to cobble together something about which the country cares not a jot, and has no idea of what the financial cost to it would be. I cannot think of a constitutional issue that has so little public resonance. In over 40 years, I fought 12 parliamentary elections and took a high profile in many others. Reform was never raised, and I think there are three reasons for that. First, the proper battleground for our political parties is the House of Commons, not the revising Chamber. Secondly, the supremacy of the Commons was settled in 1911 and should not be put at risk. Thirdly, the House of Lords is good at the job it does, and the country knows it. What matters is that we reach the right decision here. This House is not a rubber stamp. This is a constitutional issue that lies within our competence. The future of our Parliament is at risk if we upset the balance between the two Houses that has served this country well. If, as I suspect, the Government want a last-minute trophy before the next election, I very much hope that the integrity of the House will not be sacrificed to give them one.