Reforming the Lords

10 August 2005

This blogpost is in conjunction with the Elect The Lords campaign, who recently made a Pledgebank appeal to blog about Lords reform, which I signed. More are available via Technorati tag , and the New Politics blog.

The House of Lords – it’s a messy business, isn’t it? While most of the other dusty relics of English history have long been swept away or turned into purely ceremonial, the Lords, and the question of reform still hangs around our neck. It has been since August 10th, 1911, when the first Parliament Act, which said in its preamble:

…whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation.

Ninety-four years later, we’re still here! Well, not quite, we have only had life peers since 1958, but in terms of democracy, being in the upper chamber because you were the Prime Minister’s old flatmate isn’t much fairer than being there because your great-great-great-grandad was a mate of the King. And remember – that job is for life, no matter how naughty you are. Honestly, I don’t know how people from outside the UK don’t gasp in disbelief when they hear we appoint our politicians for life (only Lesotho does the same).

Of course, the traditionalist point of view is that the Lords may not be democratic, but at least it’s totally subservient to the elected Commons. True, but the only reason it has been made subservient is because it was the only way of justifying its continued undemocratic existence. What we end up is the worst of both worlds – a toothless body stuffed with retired MPs, cronies and other hangers-on, which rarely has the will nor the power to fully scrutinise and review the laws passed by the Commons, no matter how bad (in the current political climate there’s been a rash of those of late, with the odd honourable exception).

The problem is, that any time we want to discuss the role of the Lords, the same obstacles of democratic unaccountability appear. We need to get rid of these – the first step to a more democratic Lords is to elect a majority of its members; only then will it have the legitimacy possible for its role and powers and its relationship with the Commons to be discussed. Sadly, Labour have promised plenty but done little, apart from reducing the number of hereditary peers (ironically, this has meant the remaining hereditaries are the only ones who had to go through any sort of vote to get there). The best we have out of the government at the moment is a plan to drip-feed elected members in (presumably as the current life peers die off), first at 20%, then 40%, etc. all the way up to 80%. The kicker is, that the Commons get to stop the process at any stage if they feel the new Second Chamber gets too uppity.

I don’t care either for Billy Bragg’s proposals for a secondary mandate, i.e. it’s filled according the proportion of the national vote each party got at the general election. For starters, it means the Lords is filled at the same time as the Commons, when I believe we should borrow a good idea from the Yanks and have half of the chamber elected in mid-term elections, to better cater for the variable and cyclical political mood. It also means that there’s no chance for any independents to join the Lords; in fact there seems to be no catering at all for cross-benchers or expert appointees, who I still think have an important role to play (more on that later). Most importantly, it’s too fucking chicken: it’s saying that proportional representation is fine only for the Lords, and we can bolt it onto the faulty electoral system we have for the Commons and it will solve all our problems. Wrong, it doesn’t. Both the Commons and the Lords should be elected according to a fairer voting system.

Instead, I am broadly in agreement with the ideas instead espoused in the proposed Second Chamber of Parliament Bill that a cross-party group of MPs (including the late, lamented Robin Cook) drew up last year (full text here [warning, enormous PDF]). It calls for a directly-elected 70% of the upper chamber, with the remaining 30% crossbenchers appointed for their expertise (roughly the same as the 27% of independent peers now), which is good. I don’t agree at the length of term they propose (12-14 years is a bit too long, I’d let them have 8 tops, and preferably the same terms as MPs), and they pussyfoot around dropping the bishops (let them all go, I say), but the right ideas are in place – there is a clear majority of directly-elected members, but still bears in mind the Lords’ function as a body to scrutinise and inspect legislation, so those from outside politics have an important role to play.

The one thing I really do disagree with is the gradualist approach the bill’s authors take – phasing in the new Lords over a three-term period. I think we should just stick them all in straight away though, with none of the softly-softly business we’ve been having of late. Labour’s been in power for eight years now having promised reform and the gradualist approach is getting us nowhere. I worry that, having to wait for it to go through over 12 years, there’s plenty of time to botch it up. But, the bill’s written by MPs and they’re going to know what it takes to get a controversial bill through Parliament and the concessions you have to make, so I’m willing to compromise even on that, which is why I give the Bill (or any similar measure) my full support. If you feel the same, then why not register as a supporter of Elect The Lords? while you’re at it, write to your MP – after all, if the members of the Commons don’t know people care about an issue, they’re not going to pay much attention themselves. We’ve been waiting too long for change as it is – don’t let them get away with making you wait any longer.


8 Responses

I too like the SCP proposals, particularly because I very much value the independant appointees – I think they bring voices into politics which would never otherwise be there, which is a good thing.

I like the idea of a long term as well though and ideally would like to see a long term (8-12 years perhaps) but no opportunity to stand again after the term ends. I think that one of the few benefits of permanent appointment is that members of the Lords are much less opinion poll focused than those in the Commons ard are able to advocate positions which are difficult in the short term but bring huge long term gains. I wouldn’t like to see that lost by descent into a scramble for votes.

I would also like to see the Lords reps elected on a different system than the Commons – I think it would be illuminating to have the two chambers representing different ways of measuring public opinion. It wouldn’t have to be whole nation PR (although I do like that, given that we’ve got independants appointed anyway) – perhaps the list system, as used for European elections or perhaps another, who can say.

Andrew Duffin

What Jo said about independence arising from the lack of need to chase focus groups etc etc. This is a real virtue and it would be a shame to lose it. I don’t have a problem with appointment for life, subject to safeguards about real criminal behaviour.

(Definition of real – NOT just anything the current PM disagrees with, ie nobody should be ejected for thought-police reasons)

RF

The problem with reforming the HoL is that the government will wish to turn it into a rubber-stamping machine for its policies, whereas currently it is at least capable of throwing a temporary spanner in the works and hopefully causing enough fuss to get problematic issues withdrawn. I’d rather it stayed as it is than end up with a body designed to fast-track and lend legitimacy to the likes of the ID card bill.

With regards the election terms and systems I have to disagree with both Jo and Chris.

Yes the electoral system should be PR, but the list system used for Euro elections is possibly the worst of all PR systems, it helps concentrate powers in the hands of the parties and elect yes men.

As for the term lengths, provided the terms are non-renewable and rolling I think long terms are preferable. Firstly it makes the members less opinion poll and short term focused and secondly it smooths over the fluctuations in popularity giving a calming influence on the governing party.

I’ve just written to my MP and posted a copy on my blog, unfortunatly I expect it will do little good.

Although the SCPB does specify we use the European designated regions and nations as the constituency boundaries for the Second Chamber elections, it too disagrees with the closed party list system and favours open party lists or full STV instead, so the proposed system doesn’t have the party yes-man bias that the Euro election has.

Also, I’m leaning more to the longer non-renewable terms myself after reading these comments… they do have their merits. I’d still stick with 8 years tops, though.

See, I’ve always thought that it would make a lot more sense to have the Commons elected by a PR system, and have the Lords House of Representatives (or whatever) elected by straight FPP for longer terms. That way, the government can be an accurate expression of the country’s evaluation of the competing manifestos, while the scrutiny function of the upper chamber fits a lot better with the idea of direct representation. I also think that it could lead a to a lot more independents in the upper chamber.

As an additional thought, you could possibly also include an element of corporatism – in addition to voting for your local representative, you could vote for a selection of expert/interest groups (Unions, the CBI, the Royal Society, Stop the War, Transsexual Dentists Against Speed Cameras) who would put forward candidates for a limited number of seats. That might help preserve that “collection of experts” function that supporters of the Lords tend to bang on about.

Chris: excellent posting, much better than the hurried piece I got out!

I agree with pretty much everything you have written. I am strongly in favour of a 100 percent elected chamber. Anything else will be subject to manipulation. (Some of the proposals for special representation for faith groups, trade unionists etc remind me of the ‘functional groups’ that were a feature of the Indonesian parliament under General Soeharto.)

As for the staggered introduction of elections, I agree it?s unnecessary. A complete house could be elected with members initially serving short, medium and full terms, perhaps by lot.

I would be in favour of members serving a single term of 8-10 years, one third retiring at regular intervals, with elections under the STV (single transferable vote) system.

Lads, ye should see the hodge-podge we have over here in Ireland. 60 seats, 43 elected into different panels using PR, however the electorate is councillors, outgoing members of the Dail and. Then 6 seats divided between some but not all university graduates. Finally, the Taoiseach (PM) gets to appoint 11 to ensure the government has a majority.