Wednesday 11 July 2012

Delay for House of Lords reform shows why reform is imperative


It was commonly agreed at the last General Election in 2010 that Lords reform was necessary. All three of the major parties indicated that they supported Lords reform in their manifestos, though each advocated different types. Of course, as the coalition has demonstrated, manifesto promises are often not worth the paper on which they are written. The tuition fee rises, which will see students pay on average almost three times as much per year in fees, were supported by the Liberal Democrats in government, despite their manifesto pledge to fight to remove all fees. Therein lays the problem of coalitions, namely compromise. Tuition fees are an extreme case where one party has completely reversed their previous stance. With the Lords reform there should be no such controversy. The three major parties agree that it must go ahead.

But things are never that simple. The government has just announced that it will no longer hold a vote on a proposal which, if passed, would prevent the bill encountering cumbersome delays intended to prevent its passage into law. Instead, a time limit would be put in place to limit debate and ensure that the first vote for the majority-elected House of Lords could occur in 2015, the date of the next General Election. The Conservatives have put the blame for the debacle at the door of Labour. However Ed Miliband has supported the proposals, whilst maintaining that they should go to a referendum. This is not a position supported by the Government.

In a cruel irony, whilst wanting to give the people the opportunity to elect members of the House of Lords, the Liberal Democrats are reluctant to let those very same people vote on the proposals, in fear that they may be rejected. The Conservatives would surely not be too displeased to see that rejection occur. The current system naturally favours a party which traditionally has represented the better off in society; it is from these upper echelons that a majority of Lords come. Yet the Government cannot risk upsetting the Liberal Democrats, should it make the coalition unstable and result in the Government’s collapse. It is telling that, along with members of the Labour party, it is the Tory backbenchers, who have far less affection for the coalition and far more independent political thought, who have delayed the progress of the bill.

It is fair to say that the currently existing House of Lords is in need of change. It is a lasting remnant of former times when birth-rite gave political power. In our current society this should not be the case. Admittedly our head of state is still the Queen, but the monarchy is little more than ceremonial and is without independent political power. The Queen and the Royal family also have active ambassadorial roles, and the income they bring throughtourism is far greater than the money they cost us each year. The monarchy, therefore, has use but no political power. The Lords also have use; they act as experienced heads to guide and advise the Commons on legislation. But they also have political power. That the public has no say in who they are requires reform.

Looking at the Lords from different angles does not help matters. Only a small proportion of the Lords are ‘hereditary’ peers, with the majority being ‘life’ peers. While this takes away much of the inherited power associated with peerages, it is also difficult to take. The group of life peers represent an ‘Old Boys’ Club’ elected by the political parties and not by the people.  The House of Lords has become the playground of successful businessmen, former MPs and people with connections to the major parties. This can act as a contradiction to their usefulness in an advisory capacity. The trend amongst the Commons of having‘career politicians’ rather than MPs who have life experience before entering Parliament has been heavily criticised. But surely it is even more disgraceful that it can be through connections, rather than qualifications and election, that life peers are given their seat in the House of Lords.

There is no more damning indictment of the system than the continued seats reserved in the Lords for all serving bishops of the Church of England. These men, with their unique perspective on life, can serve a very useful advisory role. But it should not be one they receive as a matter of course, but one that they are given by the people, should they choose to stand for election. In an increasingly multi-cultural nation, the current system could even be seen as discriminatory to other religions.

Lords reform is therefore necessary. But what the process has shown is that the reforms should not stop there. Never better have the problems of the current system been shown than by the three major parties’ inability to agree in practice on something which they all agree on in principle. The coalition has uncovered the contradiction of our political system. Candidates will say anything to get elected, but once they become MPs much of that goes out the window. The Liberal Democrats have shown this already, but other parties (all parties, in fact) are acting awkwardly, as nuisances, designed to affect the coalition (whether it be to stabilise it or undermine it). Lords reform is only fair, but if it is passed then maybe it will concentrate our politicians’ minds on getting their own affairs in order. Only then will we possess a political system, and politicians, which we can finally trust to run the country.

3 comments:

  1. I’d like the challenge the basic proposition of your argument- that Lords reform is really necessary- and argue that it’s not in fact even desirable. I note that in your argument you fail to propose an alternative to the current composition of the Lords, and I would argue that this is because there are no serious, viable alternatives. Addressing the democratic deficit that besets the lords does indeed appear imperative on an initial inspection of the issues but I would argue that when you probe deeper into the alternatives and consider their practical implications the current composition is increasingly attractive.

    As a general rule alternative models tend to include either a partially or wholly elected House of Lords, and I shall therefore seek to demonstrate the faults of such models. Firstly, by requiring that members stand for election to the Lords you pre-select the sort of members that will be elected and this has a number of implications. We can bemoan the party political nature of the Lords at present but if party politicians had been directly elected to the House they would be far more partisan than current members, and would feel obliged to act in such a way. Further, the party political candidates who would stand for election to the Lords would be by their nature second-rate. Those interested in making a difference to society would be looking for election to a body with actual legislative power, namely the Commons, or if not the European Parliament or a local council. Thus the Lords would become more party political and would be filled with unmotivated, failed politicians.

    However, an elected House of Lords is not only problematic because of the sort of people who would be elected, but also because of the need for elections themselves. Turnout at the elections would be dismally low, with a turnout of only just over 40% for the AV referendum demonstrating voter apathy at a similarly niche election. With this in mind it can be questioned whether elections to the lords would in fact address the very problem of a lack of democratic accountability that you seek to address. Further, it can be asked if there is really any public appetite for a considerable expenditure on a questionable increase in democratic accountability in such difficult economic times. Will the unemployed soldier thank the government for marginally increasing his democratic representation in the political process? I think not.

    It should then be asked if the system as currently configured is as bad as you make out. It may indeed be true that many political figures do indeed sit in the Lords, but the government of the day holds the ability to create Lords and the problem of the political imbalance in the Lords in favour of the Conservatives may indeed be genuine, but after 12 years of a Labour government I would argue that it isn’t as bad as you make out.

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  2. ...[CONTINUED FROM PREVIOUS COMMENT]


    However, you forget to mention what can be seen as perhaps the greatest virtue of the House of Lords as currently composed- the 181 crossbench members. These are people drawn from a wide range of walks of life and who have a great wealth of experience and expertise to contribute to the legislative process. Their knowledge allows the Lords to critically and impartially advise the government, with a good example of their work being manifested through the highly successful House of Lords European Union Select Committee, celebrated for their impartial and analytical interpretation of the impact of European legislation on the UK. These expert members of the Lords are the very sort of people who would not be prepared to stand for election for their positions, and their lack of political standing or party backing would likely not result in them being elected even if they were to stand.

    To conclude, it can be argued that whether you view Lords reform as a priority depends on how you conceive of the role of the House. I see the Lords as an expert advisory house, lacking legislative capability due to its lack of democratic legitimacy but not aiming to replicate the Commons in that respect. I don’t advocate that the Lords should remain exactly as composed, and entirely agree that the position of the Lords Spiritual is unjustifiable. While religious leaders may have a useful advisory role in the governance of the UK representatives from other faiths and from atheist groups should also be represented. The lack of gender equality in the current composition of the lords is also highly questionable, as is the inclusion of the remaining hereditary lords. However, we should think extremely carefully and examine the alternatives before destroying the unique value of our carefully constructed second chamber.

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  3. Firstly Tom, thanks for your response. I think it may have been longer than the article itself! You have raised a number of relevant points, and I would like to respond to what you have put. The point of this article was not to propose the new system for the Lords, but to show how the current system is in need of change. It is telling that the three major parties all suggested models, albeit differing ones, for Lords reform in their 2010 General Election manifestoes. Reform to make the House of Lords predominantly or completely elected could also incorporate a change in the role of the house; it would make sense to give greater legislative power to a reformed Lords. This would be more akin to the American system where the House of Representatives (akin to our Commons) and the Senate (akin to a reformed Lords) would give a truly two-tiered legislative system (though of course the American system is three-tiered, but I am not suggesting that the Queen should take on a Presidential role!). This would mean it was far from a ‘second-rate’ House.

    Your assessment of the problem of voter turnout is an extremely valid one. I would simply add that it is not one confined only to fringe elections. Even General Elections suffer from turnouts which could only be described as disappointing. I understand the argument that a referendum would be unable to attract the high turnout required to demonstrate unquestioned support. The AV referendum’s low turnout basically demonstrated a laissez-faire attitude amongst the public. The mistakes of that referendum, where much of the populous did not feel sufficiently informed to make a decision on the matter, could be learnt from. However, I would expect that elections for the reformed Lords would be associated with General Elections, so turnout should be maximised.

    Again, your point about the cross-benchers is a valid one. I would argue that they could be incorporated into the reforms. Proposals have varied about the extent to which the House of Lords should become elected. If the chamber was only partially elected, this would give scope for the cross-benchers to make up the numbers of non-elected members. Should there be a system whereby the cross-benchers could be maintained, for example requiring the three major parties to each assent to the appointment of non-elected members, then the ‘party’ of cross-benchers could in fact be enhanced by reform.

    I understand that the article may have led you to believe that I thought reform was a priority. I think there are other, more pressing matters, particularly the economy. Yet it should be well within the remit of this government, which has almost three more years to run, to reform the Lords in time for the next General Election. If it cannot, then maybe that would be as damning an indictment of the House of Commons as it is an approval for the existing House of Lords.

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