The battle of the Lords is on

The government is not backing down on reform of parliament's upper house despite the threat of a hug

So House of Lords reform will go ahead. Or rather, a Bill reforming the House of Lords was named in the Queen’s Speech. That doesn’t guarantee it will happen, only that the government will try to make it so. This shouldn’t be a surprise. Nick Clegg and David Cameron have both re-stated their commitment to the plan in recent weeks (although the Lib Dem leader naturally does it with a great deal more enthusiasm than the Prime Minister). But rumours started to surface yesterday of a deal to shelve the proposals, which are certain to provoke a massive rebellion among Tory MPs. The creation of a substantially elected second chamber is the price the Lib Dems demand if they are to allow changes to parliamentary constituency boundaries to go ahead. The Tories see the redrawing of the electoral map as a way to eliminate a pro-Labour bias in the system.

If there were to be a climbdown, both reforms would have to be ditched or postponed until after the election. Tories familiar with Downing Street thinking were very sceptical about the rumours of a retreat last night precisely because the boundary changes are so important in Cameron and Osborne’s minds as part of the strategy for getting a majority. That logic appears to have prevailed.

The Conservative rebels are not happy. They are already complaining bitterly about the prospect of weeks of parliamentary time being taken up with an issue that will strike voters as a perverse distraction from economic woes.  One Conservative MP described it to me recently as “a test of the government’s legitimacy” – in other words, if it goes ahead, the coalition will look as if it is giving up on trying to fix the economy and engaging in displacement activity instead. The counter-argument from Lib Dems - echoed a little more discreetly by Number 10 - is that governments can do many things at once and Lords reform only threatens to become a legislative quagmire because recalcitrant Tories want to make it one. Lords reform of some kind is in the coalition agreement, say those who treat that document as a sacred text, so Tory MPs should get behind it. Lib Dem MPs also point out how much marching behind government policy they have done with clothes pegs on their noses. It’s about time the Tories did the same, they say.

But there are a whole lot more Conservative MPs than there are Lib Dems and Lords reform is in danger of becoming a lightning rod for wider discontent with David Cameron’s leadership, much as rebellions on Europe have done in the past. As I write in my column in this week’s magazine, there is a feeling on the Tory benches that the Prime Minister and the Chancellor have been outwitted in a few too many coalition negotiations; that they are overestimating the strength of the Lib Dems and giving away too much. By some estimations, over 100 Conservatives could rebel on Lords reform. This cannot be dismissed as mischief by “the usual suspects” (although Downing Street is currently deploying that line).

There is some room for manoeuvre. The precise shape of a new upper House has yet to be decided – how many members, what proportion will be elected and by what voting system etc. The question of whether a new settlement should be put to a referendum also has to be resolved. (The Lib Dems think not; Cameron has kept the option open.) But every dilution of the principle of a more democratic parliament will require compromises from Cameron on something else and the boundary changes do not lend themselves so easily to the pick and mix approach. Either they happen in time for the next election or they don’t.

The importance that Cameron and Osborne attach to the new constituencies is in itself revealing. It is a symptom of their anxiety about the next election and the difficulty their pollsters are having finding people who didn’t vote Tory in 2010 but might do next time. It is a sign that they are relying on fairly desperate tactical ploys to collect seats in what looks, on current projections, like being another hung parliament. It expresses the fact that they haven’t hit upon a big, overarching campaign message.

But while the boundary review helps the Tory party in aggregate terms, it makes life pretty tricky for many Tory MPs. Some of their seats will be abolished, others will be less safe and many will be forced to seek reselection in battles with neighbouring MPs.  In other words, the price that the Lib Dems would demand for shelving Lords reform feels much higher inside Downing Street strategy seminars than it does in the parliamentary Conservative party – just another reason why the forthcoming battle will be gruesome.

The House of Lords. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.