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House of Lords Reform

My Lords, we are invited to note, "““the case for reform of the House of Lords””." In fact, the debate has noted the case for only limited reform or no reform at all. Clearly, House of Lords reform is very much a minority interest. As my noble and learned friend Lord Morris of Aberavon said, if there were to be a referendum just on this, one would anticipate a very small participation. The Conservative component of the Liberal-Conservative Government read public opinion better than its Liberal Democrat junior partners. For the Conservatives, at best before the election this was a third-term issue, which means that there would have been no conclusion during the lifetime of the first Parliament. They recognised that there are many issues much higher up the political agenda. Thus, the question is: why now in government has this issue been accelerated against the political instincts of the Conservative Party? The answer is clear. For the Liberal Democrats, strictures on constitutional structures are very much part of their raison d’etre. There is a certain wide-eyed zeal, believing this to be, after 100 years or so, the unfinished business of Lloyd George. Just as Mr Clegg misread the significance of the Reform Act 1832, so I believe he has misread that of Lloyd George. Lloyd George in my judgment would have shown himself to be a pragmatist at this time. One recalls the Limehouse speech: "““They toil not, neither do they spin””." That is a world away from your Lordships’ House. Today’s House has a very different role and composition from his time. The truth is that the Liberal Democrats are so zealous that they were willing to pay a high price to obtain reform—not just voting reform, but including the reform of the second Chamber. But, the Minister, Miss Featherstone, as quoted in today’s Daily Telegraph, has said that she now recognises the sort of price that is being paid. It is the price of a free rein on constitutional reform for the Liberal Democrats so that the Conservative Party can have a free rein for a Tory Budget and massive welfare cuts, which will harm the poor particularly. It is sad to see the willingness to sacrifice the poor and the deprived in the country on the altar of constitutional reform. We have been here before. At an international parliamentary conference I recall a Florida Congressman saying that everything that can be said has been said, but not everyone has said it. So he proposed to make his own speech. Let me try to expose some illusions. One illusion is that an 80 per cent or 100 per cent elected Chamber, "““answers the claims of democracy and accountability””." That is absolute nonsense on stilts. If there were to be one election every 12 years with no possibility of facing the electorate again, how can such an individual be deemed to be accountable because they happened to pass an electoral test at one stage in the distant past? How can they in any way be accountable to an electorate? The second illusion is that such a changed House would not rival the House of Commons. I think that it was Berkeley who said that no institution is static; all institutions are dynamic. Certainly, a House of Lords with democratic legitimacy would inevitably challenge the House of Commons more regularly and with greater ease. Another illusion is that in a reformed House of Lords one can still expect the same expertise as we have now in this House. For me the argument is less strong, having seen some of the arguments in favour of a Welsh Assembly. We were in favour of an Assembly, but one of the arguments was that we would have a new sort of person coming from all corners of Wales and not from the traditional political structures. Alas and alack, although there are many very good people, the normal pathway to the Welsh Assembly is through being in the office of an existing Assembly person. One has to pass through the normal political structures if one values the expertise which one has from senior lawyers, senior medics and senior military people. Does one expect those lawyers, medics and generals to find a place on a party list? Of course they would not. If they were to expect to find a place on the list, the argument put to them would be: ““What have you done? Have you laboured in the vineyard? What have you done for the party?””. It would be a different sort of House, which would be a pale reflection of the House of Commons and of those who, for various reasons, were not able to find their way here. They will not be the new people. Indeed, the old will prevail: "““New presbyter is but old priest writ large””." Finally, the reality for all of us is that, ultimately, reform will come, as my noble friend Lord Hoyle has said. There will be a House wholly or mainly elected even if there is a Passchendaele of trench warfare in this House on the way. The other place seems not to understand that there is a real danger that much of value will be lost. Surely there is a case for analysing the strengths of the current House of Lords and for asking how one could mitigate the negative aspects of change. That means not just altering the composition, but at present this House is less partisan than the other place, is more expert, has a stronger representation of women and minorities, is much stronger on human rights and is willing to be a curb on Government in this and other respects. So any change should ensure that no one party has a majority. At least 20 per cent of its composition should be appointed for their expertise and should be based on diversity. In the past, we have altered our constitution gradually, smoothly, moving from precedent to precedent. The Steel Bill, in my judgment, offered such a way out for the Government, but the zealots have rejected it, as the noble Lord, Lord Cobbold, said. I fear that much of value will be lost, and that we will indeed be a weaker reflection of the other place unless there is a clear analysis of the virtues of this place now and a serious attempt to preserve these so far as is possible.