House of Lords: Reform

Lord Tyler Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Tyler]

My Lords, I promise most sincerely that I will not follow the noble Lord, Lord Gilbert, in any respect. The last two days of debates have been laced with the most delicious, rich irony, which is somehow so traditional in any debate in this place when we are talking to ourselves about ourselves. I counted the number of former Members of Parliament on the list of speakers. There are 68, two-thirds of the total. The first irony is that rather too many of them seem to think that appointed politicians are somehow more reputable and reliable than elected ones, which I think reflects on their previous experience.

Meanwhile, I believe that the noble Lord, Lord Richard, has set the scene best in his book on this subject, Unfinished Business. He wrote:

“Executive control over the House of Commons is stronger in Britain than in any comparable country. Though it frequently masquerades as a defence of the rights of the Commons, in reality many of the arguments against comprehensive reform”—

that is, of this House—

“are a defence of that executive power”.

He hits the nail on the head. The endless defence of the supremacy of the other place amounts to an assertion that we really should have that “elective dictatorship” of which Lord Hailsham spoke in 1976. Indeed, some Members seem so anxious to avoid a House that will assert itself against the Executive, strengthening Parliament as a whole, that they would prefer to have this House abolished altogether, and not be bicameral at all, rather than see it gain the legitimacy that it so richly needs but at present so woefully lacks.

Surely the White Paper and draft Bill, and the central intention to ensure that this place contains an elected element by 2015, should not come as a surprise to any Member of your Lordships’ House. Of the 105 speakers in this debate, 65 have been appointed since 1997, when a Government came to power determined to introduce a democratically elected element to this House. All noble Lords who have come to this House after that date must be absolutely clear that our appointment was not for life but would be temporary. That, too, is an irony.

Much has been made, especially on the opposition Benches, of the need to clarify the future relationship between the Houses if and when these reforms are fully implemented. The best analysis that I have seen concluded:

“There is no reason why any further increase in the authority and effectiveness of the second chamber following elections should undermine the primacy of the House of Commons”.

I am sure that the noble Lord, Lord Hunt of Kings Heath, will recognise that quotation because he wrote it. It is a direct quotation from the Jack Straw/Philip Hunt—the noble Lord, Lord Hunt of Kings Heath—White Paper of 2008. Members on the other side of the House should read their own White Paper before they come to the House and pretend that all these matters are completely new.

[Lord Foulkes of Cumnock]

Can the noble Lord answer the question which his colleague the noble Lord, Lord Ashdown, failed to answer yesterday as to why he thinks that a House elected by first past the post should have primacy over a House elected by single transferable vote?

[Lord Tyler]

If the noble Lord had read his own White Paper, let alone the Government’s White Paper, he would know that three tranches of elections to this House—whether it is 80 per cent or 100 per cent—mean that at no time would the membership of this House have a more up-to-date mandate than that held by Members of the other House. That is absolutely clear—and Jack Straw and the noble Lord, Lord Hunt, were clear about it, too.

I am very respectful and appreciative of the wise heads in this House, but they cannot go on asserting the primacy of the other House and yet build up the impression in this House and beyond that they intend to threaten a veto on any reform Bill that the other House sends us. That is yet another irony.

Breaking a habit of a lifetime, I will concentrate for the few minutes that I have on the one area where I think there may well be a consensus in your Lordships’ House. Several Members have questioned the suggestion that 300 is a sensible number for a reformed House. This matter requires very careful analysis by the Joint Committee. The commission headed by the noble Lord, Lord Wakeham—who was here just now—recommended 550; the 2001 government White Paper 600; the House of Commons Public Administration Select Committee 350; the Bill which was sponsored by Messrs Clarke, Wright, Cook, Young and Tyler, 413; and the Jack Straw/Philip Hunt White Paper 435. At no stage has anyone suggested that the workload of this House could be undertaken by 300. We all thought that it was preferable to have a second House of Parliament where it was not necessary to have full-time parliamentarians. I regret that the White Paper has gone on that route when it has never been recommended.

There are five reasons why 300 Members is too small a number. First, as I have hinted, Parliament as a whole benefits from having a proportion of Members who retain an active involvement in other walks of life, which would be very difficult to have with only 300. Secondly, given the relatively long but one-term limited service, it would be difficult to recruit candidates who were prepared to be full-time parliamentarians while they were not able to take part in other activities and go back to another career. Thirdly, your Lordships should note that 80 of the 800 Members of your Lordships’ House are already involved in European scrutiny. It is already a very considerable commitment and I do not think that 300 could do the job.

[Lord Higgins]

In fact, the White Paper comes up with the very strange proposition that the figure should be around 300 or so because that is the average attendance in this House. However, this assumes that the average attendance covers all the same people, which is absolute rubbish. People come depending on their expertise in a particular debate. We need more than that number in order to get the coverage.

[Lord Tyler]

I am very grateful to my noble friend, but there is an additional reason. In fact the average is not 300; it is over 400. That figure is out of date. I accept entirely what my noble friend said and I hope that there will be support from other Members across the House when it comes to looking at this issue in the Joint Committee.

Finally, under whatever system of PR, if the number is so small it will be quite difficult to get diversity—indeed, even gender balance—in the membership of this House. If only 80 Members are elected in each tranche there will be relatively small multi-Member seats and it will be quite difficult to get the sort of diversity and gender balance that I know many Members of your Lordships' House wish to have. Many have already expressed concerns on this.

[Lord Lucas]

Does the noble Lord, Lord Tyler, accept that whatever way I vote today and whatever I think of his speech as a whole, I am in total agreement with that last section?

[Lord Tyler]

I am embarrassed by this support from all sides. It is an unaccustomed experience. I hope that this will be a very early discussion in the Joint Committee.

The Government’s proposals are incremental and evolutionary and take advantage of the work of the royal commission led so ably by the noble Lord, Lord Wakeham. They take advantage of all the thinking that went into the work on the Jack Straw White Paper and it is simply nonsense to suggest that this issue has suddenly burst upon us in this House and in the other House and among the public. People have been talking about these issues for a very long time and been studying precisely the concerns which have been expressed in your Lordships' House yesterday and today. These proposals maintain the best of this place and will give it the legitimacy and credibility that I believe it not only needs but deserves. The pace of change will still be slow, but its direction will be clear. For that, it is very much welcome.

--- Later in debate ---

[Lord Hunt of Kings Heath]

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.

[Lord Tyler]

My Lords, I do not know whether the noble Lord would like to comment on how precisely that clause differs from his recommendation in his own White Paper, which I quoted to your Lordships’ House earlier. It said:

“There is no reason why any further increase in the authority and effectiveness of the second chamber following elections should undermine the primacy of the House of Commons”.

[Lord Hunt of Kings Heath]

My Lords, I am always grateful to the noble Lord, Lord Tyler, for reminding the House of my heroic efforts on the cross-party group chaired by my right honourable friend Jack Straw, and very enjoyable it was too. I say two things to the noble Lord. First, we produced a White Paper for consultation. We did not produce a draft Bill. Secondly, I am not arguing about primacy. I am arguing about the issue of an elected House of Lords using the powers that it formally has within the context of primacy. I believe that even within the context of primacy, the clash between two elected Houses will bring profound constitutional changes.

Noble Lords could argue that we should not worry about that, which is a perfectly legitimate point to put across. But the one thing that I have learnt from my three years of dabbling in this subject is that unless a Government are explicit about the powers of an elected second Chamber, any attempt at reform will always be doomed to failure. I speak as someone who has always supported legitimate reform of your Lordships’ House. When elected Members enter this House, the conventions will evaporate because they are voluntary constraints on an unelected House in their relationship to the elected House. Once you have an elected House, what is the need for restraint?

The noble Lord, Lord Thomas of Gresford, was eloquent yesterday in favouring a strong second Chamber to stand up to the Executive. His noble friend Lord Ashdown reminded us that there are many examples around the world of bicameral systems with two elected bodies which manage to sort out their relationships. As the noble Lord, Lord Kakkar, remarked, that is because the relationship between those houses is set out in some form of written constitution that will usually provide for dispute resolution between the two houses. I acknowledge that the implications of a written constitution in the UK are profound. However, as my noble friend Lord Elder suggested, they have to be considered when introducing major constitutional change.