(2 days, 5 hours ago)
Lords ChamberMy Lords, I support this amendment; I feel that it is only fair to the noble Lord, Lord Burns, who is smiling because I have lobbied him on this issue on most of the opportunities when I have bumped into him in the corridors.
Whatever might be said about the number of Peers who have been appointed—it is very difficult; you feel rather impolite once you have been accepted into your Lordships’ House—we have never, thankfully, had a situation where the constitutional convention has been busted that the Government have the largest group but not an overall majority in this House. All of us here I think are believers in the parliamentary democratic system, but, if we were to have people involved in politics and, perhaps, in power who did not agree with that unwritten convention, we would be in a situation where the Prime Minister of the day could, within a few weeks of coming into office, appoint hundreds of Peers, placing the House of Lords Appointments Commission—and, potentially, even the monarch—in an unusual situation. We would therefore have a situation where the Executive would be in charge, having, obviously, not only a majority in the Commons but a commanding majority in the Lords. Of course, we have never before had the situation of having a Prime Minister who does not feel bound by that convention.
Can I ask the noble Baroness something? The most important reform that ever took place in the House of Lords was caused by the threat of the Liberal Government to create hundreds of Peers. They had that right and they knew that they had that right, and the King agreed that they had that right. Had they not had that right, they would not have been able to bring in the 1911 Act. Does the noble Baroness therefore think that nothing like that should ever be repeated?
I am grateful to the noble Lord for that, but we are now in the situation where we have the Parliament Act. I was just moving on to the point that any Prime Minister of the day could reform and make the situation a unicameral situation, but that would of course require the Parliament Act and would mean a delay of a couple of years. We all know how important it is to take your time in politics sometimes, particularly when you are doing constitutional change.
This is more analogous to the situation that happened in Hungary in 2010. Hungary set up its constitution with a President, obviously, but also with a unicameral situation, with a two-thirds supermajority needed to change the constitution. It never envisaged, of course, that one party would bust that majority, but it happened. Subsequently, the EU no longer fully regards Hungary as a democracy. It would be such a shame—I try not to use melodramatic language, but it would be a tragedy—if the Mother of Parliaments ended up in the situation of having what is described now in Hungary: you govern by law, so the Executive just bring their legislation to Parliament and rubber-stamp it.
I say this to the noble Baroness, Lady Hayman: it really matters that we, as a Parliament—at a time when, for very sad reasons, we thankfully have primary legislation—might not be looking at the main thing that we need to ensure. So I fully support the noble Lord’s amendment.