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House of Lords: Reform

My Lords, the noble Lord said that we should all represent something. I suppose that I represent the long list of Lords Ministers who have dabbled in Lords reform, but without, alas, much success. We come to the end of this long but invigorating debate. I start by congratulating the noble Lord, Lord Strasburger, on his excellent maiden speech—it seems a long time ago. He said that in the few short weeks he had been in your Lordships’ House he has moved from a position of supporting a wholly elected House to endorsing a mostly elected House. I wonder where the noble Lord’s voyage of discovery will end. We await his next contribution to a debate on Lords reform with eager anticipation—he will have further opportunities. There have been many reports on Lords reform, none better than the royal commission report chaired by the noble Lord, Lord Wakeham, who spoke so eloquently yesterday. The noble Lord, Lord Armstrong, and other noble Lords argued at some point for indirect elections. This is, of course, not a new idea. Viscount Bryce chaired a conference of Peers and MPs appointed by the Prime Minister in 1917 on the reform of the second Chamber, which made proposals for the indirect election of Members of the second Chamber by MPs in regional groupings. Alas, it went the way of many such proposals. I have much greater hopes for my noble friend Lord Richard. Of course, this debate is rather more significant than many in recent years. We have a draft Bill, far-reaching proposals, pre-legislative scrutiny to come and a pathway towards the first elected Members setting foot in the second Chamber in 2015. How determined the Government are to meet that date is, perhaps, open to question. The noble Lord, Lord Strathclyde, the Leader of the House, yesterday reaffirmed the 2015 goal, yet in his highly entertaining interview in the Financial Times this weekend he seemed to have lost a little of his reforming zeal. Perhaps he was looking for St Augustine for inspiration. ““Oh, Lord””, the Leader seemed to be saying, ““deliver me an elected second Chamber, but not quite yet””. We will all be interested to hear whether the noble Lord, Lord McNally, takes a similar view. Indeed, does he think he can take his Members of Parliament with him, to say nothing of the noble Lords behind him? The caution that the noble Lord, Lord Strathclyde, expressed over the weekend is, I think, entirely understandable. He must know that the Government are being disingenuous in presenting these proposals as a stand-alone measure with little consequence for our overall constitutional arrangements. He must know that, if enacted, the Bill would have a profound impact on Parliament and our democracy. I regret that, because the Government’s failure to admit this risks the whole reform process. I am a reformer, I support an elected House, I have always voted for it, but I want that reform to enhance our democracy. I do not want changes which threaten a fight between this House and the other place. I do not want changes that detract from the Lords’ role as a revising Chamber. Time and again it has been this House that has improved legislation, held Ministers properly to account and saved Governments from themselves—my own included. Would that the other place could say the same. It is noticeable how many noble Lords in the past two days have commented on the performance of the Commons and their concern to strengthen Parliament as a whole. The noble Lord, Lord Elton, made a telling point about the overweening power of the Executive and of his fear that the Bill would extend that. Nowhere is that more to be seen than in paragraph 68 of the White Paper where a Prime Minister can at a whim throw a Member of the new second Chamber out of Parliament. That is the rub of it. As my noble friend Lord Whitty has said, the Government have simply not put the groundwork into the draft Bill. Yet they had plenty of time. The draft Bill was published on 17 May but the cross-party committee, chaired by Mr Clegg, has not met since 24 November. Almost six months has been wasted. It is pretty arrogant on the part of the Deputy Prime Minister to think that he can waltz this reform through Parliament, as the noble Baroness, Lady Boothroyd, reminded us, on the whim of a hunch or a best guess and to do so without so much as a genuflection to the complexities with which governments and parliamentarians have wrestled for these past 100 years. Why that should be so has become clear during our debate. The Government seek to strive for a second Chamber that replicates most of what the House of Lords does now but with electoral legitimacy. We are told that the reformed House of Lords would have the same functions as the current House and that no change is envisaged in the fundamental relationship with the House of Commons, which would remain the primary House. In Clause 2 of the draft Bill, we are pointed to the relationship between the two Houses. It is worth restating. It says that nothing in the Bill, "““affects the status of the House of Lords … the primacy of the House of Commons, or … the conventions governing the relationship between the two Houses””." My noble friend described that as nonsense and I think that he was being kind. That is my response to the noble Lord, Lord True, who also criticised Clause 2. But does he not recognise that Clause 2 goes to the heart of the Bill? Nowhere is that more illustrated than in the conventions which govern the relationship of this House with the Commons. The Cunningham committee was clear that, in a formal sense, the Lords has equal status with the Commons as a House of Parliament in initiating and passing Bills, subject to Commons financial privilege and the Parliament Acts, and equal status in approving delegated legislation. In reality, as Cunningham said, the formal position has come to be moderated by conventions reflecting the primacy of the Commons. The moment that elected Members walk into this Chamber, those conventions will evaporate.