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House of Lords: Reform

My Lords, in a powerful speech yesterday the noble Baroness, Lady Boothroyd, said that the Government had lost control of the train and were heading for the station of a 100 per cent elected House. The situation is far worse and certainly more complicated than that. Elections are a means to an end. Arguments over whether we have a 50 or 100 per cent elected House, or the type of electoral system to use, are about which train to catch not where we are going. It is not clear why we are setting off, there is no agreement on which vehicle to use, and—most importantly of all in terms of the constitution of the UK—we have no idea where we are going. The reasons for embarking on the journey are largely asserted, not proved, and no one has clearly identified the consequences of election for our constitutional arrangements. It is not just a case of the relationship between the two Chambers but how that fits with the type of constitution that we wish to have for this nation. The debate has tended to revolve around means—in effect, everyone’s pet scheme for reform—and not about ends. We have the debate completely back to front. Of course we must listen to the other place, but we are entitled to ask it and the Government what their ultimate constitutional goal is. Perhaps the noble and learned Lord the Lord Chancellor will tell us precisely what type of constitution the Government seek to create for the United Kingdom, how that fits with recent constitutional changes, and how the election of a second Chamber contributes to that goal. Why are we setting out on this journey? We are told that it is necessary for reasons of democracy and legitimacy. That is asserted as though it is a self-evident truth, but it is no such thing. There is a perfectly valid case to the contrary, yet hardly anyone in the other place or this House has sought to develop an intellectually coherent case for election. My right honourable friend Oliver Letwin tried to do so in the other place last week by arguing that the debate on Lords reform was one of the principle of election versus the principle of what works. That is a false dichotomy. At no point did he mention the principle of accountability as the basis for retaining an appointed second Chamber. That is fundamental to the argument. Election is at the heart of democracy. It is the means by which, in a representative democracy, the people choose who is to govern them. Elections through the House of Commons confirm legitimacy to form a Government. One body—the party in government—is responsible for public policy. The electors not only choose it but can remove it; they know whom to hold to account. There is a core accountability at the heart of the political system. What happens if this House is elected? The rationale for existing constraints falls. That does not mean that the second Chamber will be coequal with the first, but it will be difficult if not impossible, as the noble Lord, Lord Plant, conceded yesterday, to resist the demands of elected Members for considerably more powers than the existing House. What would be the basis for denying the claims? Existing conventions certainly could not survive under the weight of the claims—the other place could do nothing about that—and nor for that matter could the Parliament Acts. The potential, therefore, is to undermine not strengthen accountability. If two Houses disagree, they may confer and do deals, as happens in other systems, usually behind closed doors, but who then is responsible for the outcome? Who do electors hold to account for a policy that is not part of the governing party's programme? A blurring of accountability lessens the hold of electors over those they elect. Election becomes a process and not a control. It is not simply a case of maintaining the primacy of the other place; it is about maintaining the accountability of government to the people. However, would not election, as Jack Straw claims, enhance legitimacy? Legitimacy is derived from an acceptance that people are qualified to carry out the tasks ascribed to them. The current House attracts high approval ratings and the independence of the House is seen as a public good. That good is potentially threatened by a method of election that places excessive power in the hands of parties. Would election add value to the legislative process? Oliver Heald in the other place argued that experience is not confined to this House. He noted that MPs are experienced in many fields. What he failed to take into account is that MPs have to operate in a highly partisan environment. Members of this House are able to utilise their experience and expertise through constructive engagement, where that expertise influences outcomes and is not washed out by the hegemony of the governing party. Elections alter the terms of trade. They are fundamentally political; regardless of label, they involve competition and having to make a pitch. The dynamic of election will drive out the very things that are seen as the strengths of this House and which voters, according to the polls, wish to retain. Will not election address other problems identified with this House? The noble Lord, Lord Hoyle, wants a more diverse membership. Has he forgotten that as an MP he was elected to a House of white, middle-class males? Appointment is the most effective and efficient way of providing greater diversity. What about Members who rarely attend? That is an argument for providing for permanent leave of absence, not a scheme of one-term election, whereby, once elected, one could disappear for 15 years. Is election not essential to rid the system of tainted patronage? The cash-for-honours scandal arose because the system worked, as has been mentioned. Some nominees were blocked. This is not to make a case for the status quo, but it is to point the way forward. Creating a statutory independent Appointments Commission, one that imposes high-quality, transparent thresholds, is as much a legitimate option as transferring power to an unfettered party leadership deciding rankings in a party list. Reform and election are not synonymous. There are various reforms on the agenda that can help to deliver more effectively the benefits that the public associate with this House. Election threatens, not enhances, those benefits and, as I suggested, it throws into question the fundamentals of our political system. Electing a second Chamber would contribute to an increasingly fragmented constitutional framework. We may need a fundamental review of our constitution before we walk blind into what could prove to be a disaster. I am for reform of this House but not for election. I support the reforms identified yesterday by the noble Lord, Lord Steel. Tomorrow, a Bill will be introduced to provide for the creation of a statutory independent Appointments Commission, to close off the by-election procedure, to provide for permanent leave of absence, and to deal with Members convicted of serious criminal offences. Closing off the by-election does not remove existing hereditary Peers, nor does it prevent hereditary Peers coming into the House in the future; several already sit as life Peers. Indeed, more may come in on merit rather than waiting for someone to die, as is the case at present. These are the sort of reforms embodied in option 1, which accepts the case for reform but not for election. The wording of option 1—and option 1 alone—reflects precisely my view. I shall, therefore, vote for the all-appointed option and against all the others.