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Proceeding contribution from Baroness Noakes (Conservative) in the House of Lords on Wednesday, 10 November 2010. It occurred during Question for short debate on Parliament: Elected House of Lords.


Parliament: Elected House of Lords

My Lords, when we speed-debated House of Lords reform last month, I said that the purpose of your Lordships' House was to protect the public interest. While I am sure that the public interest will dominate whether the House is elected or appointed, it is inevitable that an elected House will have a different interpretation of how assertive it should be against the other place in order to protect the public interest. The noble Lord, Lord Grocott, raised the primacy of the other place. Clearly, if different parties dominate each elected House, as will be entirely possible, each House will claim a different democratic mandate, and there will inevitably be less willingness to give way on legislation. The game of bluff known as ping-pong will become more like a war game. While the Parliament Act will remain the ultimate weapon to protect the primacy of the other place, it is a blunt weapon. We saw with the Hunting Act what a mess can be made when the Parliament Act is used. By convention, we do not vote down statutory instruments. However, as recently as 1994, your Lordships' House reaffirmed its power to do so, as set out in the Companion. Why should an elected upper House be content with non-fatal Motions on secondary legislation that is poorly drafted, insufficiently consulted on or just plain wrong? We must expect more fatal Motions. The coalition Government need to wise up to the fact that creating a wholly or mainly elected House of Lords is full of problems. My noble friend knows that the Government will have huge difficulty in getting legislation for an elected House through your Lordships' House. More importantly, the Government need to recognise that they are playing a dangerous game with the constitutional balance between the two Houses, for which history may well condemn them.


Secondary information

Type
Proceeding contribution
Reference
722 c253-4 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Armed conflict Elections Legislative process House of Lords House of Commons Powers Parliamentary procedure Parliamentary scrutiny Ministers Peers Proportional representation Treaties Reform Censure motions
Link
View this Proceeding contribution on www.publications.parliament.uk