House of Lords Reform

Pete Wishart Excerpts

Tuesday 10th January 2023 Westminster Hall

[Patrick Grady]

I will leave my hon. Friend’s comments on the record. However, it is possible for people to be elected to the House of Commons and the Scottish Parliament. Indeed, our former colleague, Winnie Ewing, has the distinction of having been elected to the Scottish Parliament, the House of Commons and the European Parliament; I think that she is the only person ever to sit in all three of those legislatures. I do not know whether a seat in the House of Lords was then offered to her, but if it was she certainly never took it.

However, this debate is not about individual Members of the House of Lords. Many of them have immensely valuable skills and experience that sometimes are not found or replicated in the Commons. Nevertheless, there must be better, more imaginative and more innovative ways of using such experience for the public good than simply appointing people to the legislature for the rest of their lives and just letting them get on with it.

Even the majority of peers themselves think that the current arrangements are unsuitable and unsustainable. The Lord Speaker’s committee on the size of the House published a series of recommendations in 2017 aimed at reducing and stabilising the composition of the House of Lords, but under recent Prime Ministers the House of Lords has become even more bloated. Famously, the National People’s Congress of China is the only legislative Chamber in the world that has more members than the House of Lords.

That is one of those amusing anecdotes that some of us like to tell guests when we show them around this place. Another one is that Lesotho is one of the two countries in the Commonwealth where hereditary chieftains retain the right to make law, the other being the United Kingdom. Another is that Iran is one of only two countries in the world where religious clerics sit as of right in the legislature, the other being—again—the United Kingdom. Those statements are not just anecdotes; they are anachronisms. They are not really amusing; they are absurd. Sometimes, when we show guests, particularly those from developing countries, the opulence of the Lords Chamber, words begin to fail us. How do we adequately describe what the Lords actually is, how it is composed and why it functions in the way it does in what is supposed to be a 21st-century democracy?

Sometimes, visiting delegations—perhaps under the auspices of the Commonwealth Parliamentary Association, the Inter-Parliamentary Union or the Westminster Foundation for Democracy—come to Westminster from countries in Africa, Latin America or eastern Europe. They meet parliamentarians such as ourselves around antique tables and oak-panelled walls and they talk about good governance, democratic accountability and anti-corruption practices. Although such learning and sharing among parliamentarians is always valuable, many eyebrows are raised if in discussions it happens to come up that one in 10 Conservative peers have donated more than £100,000 to the Conservative party, and that in the past seven years every former Conservative party treasurer has given at least £3 million to the party, and almost all of them have been offered a peerage. There seems to be an uncanny connection between donating vast sums of money to the Government, or indeed to some of the official Opposition parties, and the chances of being offered a seat for life in the House of Lords.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I am glad that my hon. Friend is making that strong and powerful point. We have some gall to lecture the developing world about good governance arrangements, when we are prepared to stuff a political institution full of people who are little more than donors, cronies and political place-people, in order to ensure their place in what I would not call our democracy, but our legislature, just for the fact that they have some money to give to political parties. Does he agree?

[Patrick Grady]

I do not disagree with my hon. Friend. As he and I have said, the connection is quite uncanny. Of course, no one is levelling specific accusations, but that connection is out in the open. It is a simple fact; it is simply numbers. In conjunction with Brunel University, openDemocracy calculated that the odds of so many major Tory donors in the UK population all ending up in the House of Lords are the equivalent of entering the national lottery 12 times in a row and winning the jackpot every time. That is quite astonishing.

As we know, there are limits on the collective ability of the Lords to veto or overrule the elected House. However, as my hon. Friend alluded to, the rights available to individual peers are very similar to ours in the House of Commons. They can put written and oral questions to Ministers. They can vote on and seek to amend legislation during a three-stage process that parallels that in the Commons. Incidentally, that means they can also bump into Ministers privately when they are in the voting Lobbies, which is supposed to be one of the great advantages of in-person voting.

Peers can introduce their own private Members’ Bills. They can sign up to inter-parliamentary bodies such as the CPA and the IPU, and they can join all-party parliamentary groups. There is, rightly, a lot of scrutiny at the moment of the operation of all-party parliamentary groups, but I wonder how many colleagues present have had to leave early or arrive late at an APPG meeting that they were interested in because they have had to deal with urgent constituency casework, or get to the Chamber for an urgent question or a statement relating to their constituency. Meanwhile, colleagues from the Lords at such meetings are content to run on and opine about the topic under discussion, whatever that happens to be, and build their connections with stakeholders and the secretariats of those meetings, whoever they happen to be.

In return for all that, peers are entitled to claim £332 for every day they attend the House, tax free. Sometimes it is pointed out that over an average of 150 sitting days a year, that works out at slightly less than the salary of a Member of the House of Commons after tax. However, in the Lords it is guaranteed for life. Members of Parliament are, without doubt, very well remunerated compared with most of our constituents. However, our constituents can, quite rightly, choose to stop that remuneration and elect a different representative in our place every time an election comes round.

[Patrick Grady]

It comes back to the point about accountability. Members of Parliament who behave in such a way would be taken to task, first by their Whips, secondly by the local party members, and finally by the electorate.

Since the end of the second world war, 65 countries have gained their independence from the United Kingdom. Although many have based the design and practices of their legislatures on might be called a Westminster model, I am not sure whether any of them have chosen to replicate a wholly unelected, appointed, partially hereditary Chamber where members serve for life. Even in Lesotho, with its hereditary chieftains, appointed members of the Senate serve a five-year term. Its Senate has 33 members, not over 800.

SNP manifestos in 2015, 2017 and 2019 called for the abolition of the House of Lords. When Scotland becomes the 66th country to achieve independence from the United Kingdom, there will be an opportunity to consider how the enactment of legislation, scrutiny of the Executive and representation of the population can be most effectively —and perhaps innovatively—achieved.

There have been proposals for an upper Chamber of some kind, perhaps based on the model of the Irish Seanad. There have been calls for an increase in the number of MSPs, both under current devolution and indeed under independence. There are more radical ideas for pre-legislative scrutiny and a greater use of citizens’ assemblies and other forms of direct democracy that could feed into the main legislature.

However, nobody, as far as I am aware, has suggested that when Scotland becomes independent, or when any other country has a good hard look at its constitution, it would be a good idea to have a wholly appointed second Chamber. The idea is just incomprehensible and incompatible with a modern democracy.

[Pete Wishart]

This has always been a quandary for me: what does an independent Scotland do with existing peers who have Scottish titles or who are from a Scottish part of the world? It struck me that, just to show generosity and good spirit, perhaps we could donate all the Scottish lords to the rest of the United Kingdom as a parting gift? Does my hon. Friend think that is a good idea?

[Patrick Grady]

During the independence referendum campaign my hon. Friend was probably so busy making the case for independence in the House of Commons and in his constituency that he missed the fact that the peers dwelled on that issue for some considerable time and that it was a matter of great concern to them. They came to the conclusion that because they had been appointed for life and were peers of the United Kingdom, the fact that they once lived or served—or even continue to live—in Scotland was irrelevant and they would all be safe in their place. After that they appeared to lose interest in the question of independence.

[Pete Wishart]

What a relief that is!

[Patrick Grady]

I am sure it is a relief to many people paying attention to the debate. Anyway, that information was meant to be just for background and context, but it turns out that simply by describing the absurdity of the current system the case for reform of the Lords starts to speak for itself. My point today is not so much about what kind of reform of the House of Lords is necessary or what should replace it were it to be completely abolished, but about why reform has not happened or is not happening and the ongoing failure—indeed, the impossibility—of any kind of meaningful reform. There seem to be two main reasons for that.

First, it is not in the interests of the governing party at Westminster or the Prime Minister—any Prime Minister—to weaken the immense power of patronage that the ability to make appointments to the Lords represents. Secondly, it is simply not possible to reform the Lords in any meaningful way without reforming the Commons, and that would mean not just procedural reform but electoral reform, followed by a review of the entire structure of the UK’s constitution. That would never be in the interests of any incumbent party of government.

Members may be aware that there have been some significant interventions on the issue of Lords reform in recent months, and these have, intentionally or otherwise, conceded both of those points. The Lord Speaker addressed the issue of Lords reform in the Hansard Society’s 75th anniversary lecture just before Christmas. His proposed framework was thoughtful and pragmatic, and it is easy to agree with several of the key principles he outlined about why reform was needed and what it could start to look like. He made a key point that the more radical the change to the composition of the Lords, the more radical would be the change to the role of the House, even if there were no explicit changes in its powers. However, to me it then follows that there would inevitably also be a change in its relationship with the Commons, and the Commons would want to find new ways, quite rightly, to assert its democratic mandate.

The Lord Speaker diplomatically regretted the decision of recent Prime Ministers not to show restraint in making new appointments, and remarked that the House of Lords has increased from 778 members in June 2019 to 828 today, with more to come. Those figures show just how irresistible the power of patronage is to many Prime Ministers. Other than various absolute monarchs and dictators, who else in the world has the power to confer a job for life on any person of their choosing? That is a power that rests with the UK’s Prime Minister, exercisable over wavering Back-Bench rebels, potential advisers who need to be enticed away from the private sector and, it seems by more than mathematical coincidence, over many wealthy party donors.

The Lord Speaker also pointed out that a change of Government could easily lead to a further surge in membership of the Lords in order to reflect the changed balance of power in the Commons. That shows, once again, that it is impossible to speak of meaningful reforms of the Lords in isolation, and not consider the effect that reform would have on the UK’s wider political system.

These points are raised in the other recent major intervention on the issue, the recommendations published by former Prime Minister Gordon Brown, after he modestly accepted a commission from the Leader of the Opposition to produce a report on the future of the United Kingdom.

[Patrick Grady]

Yes, what an achievement!

Incidentally, it is a bit odd that this debate is not being led by a Member of the official Opposition. People would think the report would have inspired a rush of applications from Labour Members eager to share their thoughts on constitutional reform and the role of the House of Lords, but in reality, barely a month after its publication, the status of that report is not clear.

Media coverage at the time suggested that it would form the basis of Labour’s next manifesto, which would mean the next election would become a de facto referendum on the constitution. A vote for the Labour party would be a vote to abolish the House of Lords and replace it with an assembly of nations and regions, for further regional devolution throughout England and for reform of the powers of the Scottish Parliament and Senedd Cymru, never mind that they were established by a Labour Government after popular referendums, or that previous extensions to their powers came as a result of cross-party commissions, including representatives from those institutions. Now it seems a Labour Government elected on 40% of the UK-wide vote will claim a mandate for sweeping constitutional reform.

[Pete Wishart]

Would it not be a simple way for Labour to show commitment to true House of Lords reform if it just stopped making appointments to it? A better gesture might be to even remove a few of them now and again, including the ones who do not turn up. Maybe that is a suggestion that my hon. Friend could make to our friends on the Labour Benches.

--- Later in debate ---

[Sir Julian Lewis]

The hon. Gentleman is an independent thinker on his party’s Benches. Not for the first time, I find myself in total agreement with him. The hon. Member for Ellesmere Port and Neston (Justin Madders) said that the system of two elected Houses works well in other democracies. I am not sure that the citizens of the United States would entirely endorse that opinion, great though their democracy is.

[Pete Wishart]

Will the right hon. Gentleman give way?

[Sir Julian Lewis]

Forgive me, but I would like to develop my argument a little more. I promise that I will then give way to the hon. Gentleman.

[Pete Wishart]

rose—

[Sir Julian Lewis]

How can I refuse the hon. Gentleman?

[Pete Wishart]

I am grateful to the right hon. Gentleman, who is always courteous. I am an abolisher of the House of Lords, but the UK is a complex democracy and some sort of revising Chamber would be required to take care of all its specific demands. The right hon. Gentleman and, I think, the hon. Member for Blackley and Broughton (Graham Stringer) were here when Robin Cook proposed a series of reforms. I think we voted 11 times on a number of proposals, and none of them went through because of the very arguments made by the right hon. Gentleman. We cannot have competition with the House of Commons, but surely abolishing the House of Lords would not mean that we were left with nothing. There must be something we can think of to go in its place.