Queen’s Speech

Lord Kakkar Excerpts

Tuesday 24th May 2016 Lords Chamber

[Lord Kakkar (CB)]

My Lords, I thank the Minister for the thoughtful way in which he introduced this debate and, in so doing, declare my interest as chairman of the House of Lords Appointments Commission. I was very reassured by the statement in the gracious Speech confirming that Her Majesty’s Ministers would,

“uphold the sovereignty of Parliament and the primacy of the House of Commons”.

That statement goes to the heart of our constitutional settlement for this bicameral Parliament, and provides the constitutional understanding of the conventions that give legitimacy to the work of the unelected second Chamber and the context in which all noble Lords undertake their hugely important responsibilities in scrutinising and revising legislation and, of course, holding the Executive to account.

Reference has been made to the report undertaken by the noble Lord, Lord Strathclyde. Her Majesty’s Government are still considering the implications of that report and the other Select Committee reports from your Lordships’ House and the other place. The principal discussion of the recommendations in the report of the noble Lord, Lord Strathclyde, has focused on the procedure and process by which your Lordships’ House should dispose of secondary legislation. However, the conclusion of that report contained a very important statement. The noble Lord said that,

“delegated powers need to be used appropriately”.

He recommended that attention be paid to those powers being used appropriately, and that the Government,

“take steps to ensure that Bills contain an appropriate level of detail and that too much is not left for implementation by statutory instrument”.

Those issues having been raised, they must be addressed, because they go to the very heart of the understanding of the responsibilities of your Lordships’ House and our relationship to the other place, as well as to our ability to address our responsibility to hold the Executive to account. How much work is taking place on the second statement, towards the end of the report from the noble Lord, Lord Strathclyde, regarding a better understanding of the broader approach that Governments take towards the legislative pathways available to them in determining how and when to use primary or secondary legislation?

I turn to the comments made by the noble and learned Lord, Lord Judge, on the question of the size of your Lordships’ House. That is an important question, which was rehearsed at some length in the debate on incremental reform of your Lordships’ House that took place on 15 September in the last Session of Parliament. In that debate, I was fortunate enough to make a contribution. At col. 1823, I made a proposal that has been echoed by many other noble Lords, including the noble Lord, Lord Elton—and which has been further consolidated by the work of the Campaign for an Effective Second Chamber. Such proposals address the issue by restricting the size of your Lordships’ House to around 500 to 600 Members, and by providing an opportunity for all noble Lords to remain eligible to sit in any Parliament in any Session, but restricting the number of sitting Peers and distributing them across the different groupings and Benches according to a predefined formula.

There is reluctance to pursue formal reform of your Lordships’ House that requires primary legislation, as we have heard. Would rehearsing and reviewing the Writ of Summons provide an opportunity to take forward some of the proposals? At the moment, the Writ summons noble Lords to come and sit in the Parliament. Could a Writ, which I understand is a matter not for primary legislation but for the Crown Office, invite noble Lords at the beginning of every Parliament to attend and make themselves available for election or selection, to sit in that Parliament? Might the question of the size of the House, and therefore the distribution among the different groupings, be attended to through Standing Orders rather than primary legislation? Perhaps not, but it is fundamentally important that we continue to address that question. If we do not, the credibility of your Lordships’ House risks being further undermined and, in so doing, the sovereignty of this Parliament and the standing and respect in which our fellow citizens hold it will also be undermined.