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House of Lords: Reform

My Lords, I am sure that all will agree that this is a special occasion. The House and the Galleries are full and there is an air of expectation. While some noble Lords may feel that 100 speakers during the course of the next two days is too much for them, I know that by 10 o’clock tomorrow evening we will be as fresh and as inspired by the speeches that we have heard as we are now. Over these past few days I have been gently teased by noble Lords and others, who have speculated as to how many speeches will be in support of the Government’s position. However, as a veteran of these debates, I know that there will be a wide range of views explored and exposed. That is one reason why I am so grateful that my noble friend Lord McNally will be dealing with those views at the end of the debate tomorrow evening. For over a century, successive Governments and Parliaments have debated reforming this House, but this Government set out their proposals—incidentally, the first Government ever—on 17 May in a draft Bill for a reformed House of Lords. As we made clear in that Statement, a debate would follow, and I very much welcome this opportunity to listen to the views of noble Lords on the draft Bill and the White Paper. I particularly welcome the contribution of my noble friend Lord Strasburger, who will speak for the first time in his maiden speech later today. The background to the debate is consensus. Consistent with that approach, the Government have made clear their intention to listen and to be prepared to adapt as we navigate our way through this latest twist and turn in what has been one of the longest of long stories. We want to get these proposals right, but we are also committed to reforming the House to create a wholly or mainly elected second Chamber. Both the Liberal Democrat and Conservative Party manifestos, as well as the coalition programme for government and, indeed, the Labour Party manifesto, made that clear. Therefore our intention is to introduce a Bill next year and to hold the first elections to the reformed House in May 2015. The long-standing role of this House as a revising and scrutinising Chamber is immensely valuable. This House frequently revises legislation for the better and holds the Government to account by effectively questioning and debating proposals. This is the traditional role of a second Chamber and is why many countries choose to have one—to provide that second view, from a different perspective. No one can doubt the commitment and sense of public service with which many noble Lords exercise these functions and no one can doubt the expertise in this place, which is used to great effect. The Government therefore do not propose to change the role of this House. However, we believe that the composition of this House should be decided, either mainly or wholly, by the people of this country by direct election. This House, although it has many party-political Members, does not have democratic authority from the people it serves. Elections will establish a democratic legitimacy for our work to be carried out. Noble Lords will no doubt ask what democratic legitimacy will add. They will suggest that there are forms of democratic legitimacy other than election. To them, I say that elections will strengthen Parliament by making Members of the reformed House more representative of the people and able to act with their authority. Every five years, people—not party leaders—will decide who to send to do the work of this House; and they will be able to decide not only who but in what political proportions. Surely that is an incontestable right. We elect Members of the other place, we elect Members of the devolved legislatures and we elect local government—why should we not elect Members of this great House of Parliament? Yet the Government recognise that the increased legitimacy that elections will bring gives rise to concerns that the primacy of the other place will be threatened. The primacy of the House of Commons is secured in statute by the Parliament Acts and on a day-to-day basis by the conventions between the two Houses. The draft Bill specifically provides that the reforms will not change the Parliament Acts, the conventions between the two Houses or the relationship between the two Houses. I am aware, from our previous exchanges on this issue, that many noble Lords do not entirely agree with that. Of course, over time, as indeed has been the lesson of the 20th century, these arrangements and conventions may—indeed will—develop and evolve. However, for now, we proceed recognising the present settlement between the two Houses to be adequate for the reforms being discussed. On top of that specific proposition, our proposals also contain important practical measures to reinforce the primacy of the House of Commons. First, Members will serve long single terms, with no prospect of re-election. Noble Lords rightly esteem the independence of spirit that differentiates this House from the other place. Long single terms will uphold that independence, since elected Members will not be motivated to speak with a view to contesting the next election. They will prevent the reformed House of Lords challenging the primacy of the House of Commons because elected Members will not be accountable to voters in the same way that MPs are to their constituents and they will be less likely to compete with MPs at a local level. Secondly, elections will be staggered. At each general election one-third of Members will be elected, which will ensure that Members of the reformed House, collectively, never have a more recent mandate than MPs. The House of Commons will determine who forms the Government. Our proposals will reinforce the distinctive character of each House by reducing the chances of one party gaining an overall majority in this House. Thirdly, there is provision for a 20 per cent appointed element. If that is where we end up, it would mitigate the reformed House’s ability to claim greater legitimacy and thereby challenge the primacy of the House of Commons. Appointed Members would be expected to bring a non-party-political perspective to the work of this Chamber as well as unique expertise. Finally, a proportional electoral system will differentiate this House from the other place. Proportional representation systems are based on multi-member constituencies, which are larger than those used for the House of Commons. This will provide Members with a mandate that is distinct from, but complementary to, that of Members of the other place. The coalition agreement set out our commitment to a system of proportional representation for elections to the second Chamber. The draft Bill sets out proposals for the single transferable vote proportional system. STV offers a clear link between voters and individual candidates, as candidates are selected solely on the basis of the votes that they themselves achieve. However, the Government also recognise and are open to the arguments for an open list electoral system, which would also allow voters to vote for a single individual candidate rather than for a party. There are also further details outlined in the Bill—for example, on new powers to deal with misconduct. The draft Bill provides for disqualification for serious criminal convictions and certain insolvency-related matters, and the power to expel Members. It also provides an enhanced power of suspension. I am sure that noble Lords will welcome these proposals. Some have concluded that we are, in effect, abolishing the House of Lords.