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House of Lords: Reform

My Lords, it should perhaps be no surprise that the detailed options from the White Paper—which is in many respects short on detail—put forward for debate and discussion include only the selection process, albeit that some inferences can be drawn from many of them. I agree with the excellent opening remarks of my noble and learned friend the Lord Chancellor on the nature and wisdom on the current conventions on the relationship and operation of the two Houses. I interpret the lack of debate on the role and future responsibilities of your Lordships' House, and how they may change, as acquiescence in its present role, which it performs so admirably, in revising and scrutinising legislation. To do that job the House needs elements which it already has and for which it is so well respected: the ability to uphold liberties, independence, expertise and diversity. Trying to add democratic legitimacy to this list without undue effect on its unique abilities is a worthwhile objective, but one which is unachievable by aping a direct election process. Democracy, and how to improve it to be relevant to the 21st century, is a problem for the House of Commons to address and a challenge for its own reform. We must not forget that the Commons also have a role to play in restoring public confidence. Scrutiny, detailed deliberation and correction and revision skills are rarely uncovered by elections. While the present inquiry regarding political donations for honours brings disrespect to the political process, I do not believe that there is a genuine desire among the public to partake in more elections. The political parties are already challenged by the public’s apathy. Indeed, I heard commentary this weekend that the date of the next general election may well be in June 2009 and that this election will coincide with the European and local government elections to encourage the electorate to take part. Will it not diminish this House if in future its elections are tacked on to the end of this? My friends in the United States already point to election fatigue. The cost and funding of elections is another aspect. I am sure that the taxpayer is unwilling to fund parties, which is why we are where we are. The rising domination of parties over the political process is another element in the growing disenchantment of the public and taints the election process as regards ensuring continuing independence and expertise in your Lordships' House. Although I am in favour of a multi-channel process of selection for your Lordships' House, I find it difficult to see how direct elections would operate and leave intact without negative consequences the skills that the present House possesses in fulfilling its role. If legitimacy is to improve through reducing all opportunities for patronage in an appointed House, I contend that this could only come through some element of indirect elections and creating a strong statutory appointments commission, trying to build diverse elements of independent channels from society’s diverse estates or communities into the process. The debate should concentrate on that to invigorate public participation, bring relevance to people’s lives, build partnerships, develop the relationship with the House of Commons and be innovative in developing our democracy. That points the best way to creating a stronger House of Lords. Notwithstanding that your Lordships’ House is a revising one, your Lordships should now take up reform and steer forward this House’s future and, in doing so, challenge the Commons to address its own shortcomings. For example, hereditary elections should cease. That there should be no party in overall control could be enshrined in legislation. Professionalism being increased through improving the work of Select Committees and some form of retirement being introduced could also be worthwhile improvements. The convention that the House does not examine Finance Bills must be challenged, and the House should examine and undertake ways to explain and publicise its work for the better understanding of the public and, dare I say, MPs. Perhaps considering how the work of your Lordships’ House could be further improved and communicated could prove a sound constitutional basis for its role to be enhanced.