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How to win the argument for Lords reform

Guy Lodge and Michael Kenny make the case for a stronger second chamber.

Judges and Law Lords await the state opening of Parliament
Photograph: Getty

As with so many previous attempts, this week's push to reform the House of Lords has descended into farce. Its main proponent, Nick Clegg, insists that the fight goes on, but few now believe he will achieve his historic dream of an elected Lords.

Stepping aside from all the partisan squabbles and naked politicking, it is worth reflecting on why the case for reform - which has historically appeared self-evident to most progressives - has been blunted on this occasion, and has failed to touch the public imagination. 

The major weakness of the current reform case concerns the impact an elected Lords would have on the Commons. The trap which pro-reformers have fallen into is to claim that an elected Lords, armed with its own democratic mandate would not alter the relationship between the Lords and Commons. Of course the fundamental "primacy" of the Commons would be guaranteed by the Parliament Acts (which give the Commons the final word on most legislation), and by the fact that the Commons would continue to form the Government of the day and control the money it spends. And additional safeguards such as those set out in the Bill, including measures to ensure that the Commons always has the most recent electoral mandate, would also help protect the Commons.

Yet, there is no getting away from the fact that if one of the reasons for having a predominantly elected Lords is, as Clegg and other reformers believe, to ensure greater legitimacy for the second  chamber, then that chamber will, necessarily become more assertive. And, as all the comparative evidence shows, an elected Lords would be especially assertive when the party composition of the two houses was out of sync with each other, as would quite often be the case. Election would therefore strengthen the constitutional position of the Lords.

We know from recent experience that even quite limited reform to the status of the Lords will change the dynamic between the two Houses. The removal of most of the hereditaries in 1999, which, crucially, also meant that no single party holds a majority, significantly boosted the Lords' sense of legitimacy and empowered it to challenge the government. Unsurprisingly, the number of government defeats in the Lords has risen sharply since hereditary privilege was removed.

Should the Lords be elected then it would undoubtedly become more feisty but rather than deny this pro-reformers should seek to make a virtue out of it. The most obvious way to do this is to reframe the argument for change in terms of the relationship between parliament and the government (and less about the Lords and the Commons). An elected Lords, which no single party controlled, would make for a stronger parliament and strengthen the ability of the legislature to hold the government of the day to account. Reformers should therefore also be advocating  mechanisms for managing disputes between an elected Lords and Commons, and developing concrete ways to delineate the powers of the Lords, such as extending the scope of the Parliament Acts and perhaps reducing further the period of time for which they can delay bills.

This issue aside, why is it that the case for reform has not become a more popular cause? The easy answer beloved of many parliamentarians is that issues of constitutional process and political structure are perceived as irrelevant or incomprehensible to a public focused entirely upon economic issues. But this overlooks those periods when Lords reform has struck a chord with reforming movements and party memberships, often at moments of wider economic and political crisis, most obviously during the Liberal Government’s great "Peers versus the People" campaign at the beginning of the last century.

What has been most lacking in the current debate is a compelling rationale for change linked to the circumstances of today. A more dynamic and populist case - of the kind that a politician like Lloyd George would have assembled – would resonate with  authentic public concerns about the perceived unaccountable nature of government in the UK, and the increasingly apparent hoarding of power among a set of interlocking political, economic  and media elites.

History suggests that no constitutional change - no matter how compelling it appears on paper – gains traction unless it is perceived to represent a clear solution to pressing problems. Scottish devolution became the solution to the democratic crisis sparked by Thatcher's conspicuous absence of a mandate to govern Scotland. The Parliament Act of 1911 was a response to a profound power struggle that arose when the  Lords  tried to sabotage Lloyd George's People's Budget. Conversely, political reform goes nowhere when it is unclear what it is intended to remedy. Did anyone seriously believe that the Alternative Vote was an answer to any of  the weaknesses of our democracy?

The case for Lords reform needs therefore to be rooted in an account of how power should be most effectively and sustainably exercised in a 21st century democracy. This debate is happening at a time when sections of the public who have become deeply disillusioned by how elites controlling the core institutions of our economic and political systems have misused the power entrusted to them. What links the crises that have recently engulfed the banks, parliament and the media is that they have ultimately been triggered by concentrations of unaccountable power.  The reforms we most need are those that begin to challenge and open up these forms of power ‘hoarding’. Electing the House of Lords is a small, but actually quite important, and hugely symbolic, step in this direction. Of course it is not a panacea for the problems of irresponsible bankers and over-mighty media moguls. But by creating a stronger, and more legitimate, second chamber, we would have a better chance of holding the power concentrated in our ‘core executive’ to account. We might also have a wing of the legislature that would be sufficiently powerful to stand aside from, and question, the orthodoxies that led, for instance, to light-touch regulation of our banks and the mountain of household indebtedness that fuelled the political economy of the previous era.

Guy Lodge is Associate Director at IPPR and Michael Kenny is Professor of Politics at Queen Mary, University of London

10 comments

Mike7778's picture

Old good lords, who don't like it? :)

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Ad15's picture

As an opponent of Lords reform (certainly as it currently is proposed, but also in any form I have heard proposed), I think that this was a very thoughtful and well-written piece. I absolutely agree that the case for reform (and for this specific reform) needs to include a a statement of what is wrong with the current system - in practical, not principled, terms - and how reform would fix that problem.

The issue I have is that I do not think that this is possible, indeed you have not sufficiently done so in this article. It is a bizarre stretch to attempt to present Lords reform as a way of fixing (or symbolically challenging) the media or the banking sector. This might have been the case had an elected Government attempted to pass legislation to regulate either industry, only to see their legislation overturned in the Lords. But, in fact, our elected officials (of all parties!) appear to be blatantly enthralled to these industries and virtually competing to represent their interests, whether it be Blair and bankers or Cameron, Osborne and Hunt with News International (or Blair with News International). Who in their right mind would say the Lords needs to function more like the Commons, if we are to prevent economic and political crises?

This is of course a specific example and you might find (invent) some other argument for reform, but this does get at a serious, fundamental flaw in the case for reform: that giving power through election has not prevented these abuses and crises. Indeed that may have worsened the problem. While the Lords remains blameless, except in as much as it has not done enough to counter our elected officials, only checking the most egregious legislation. Doesn't sound like a great campaign to me.

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miller's picture

thanks man, i have read How to win the argument for Lords reform.

ClaireL's picture

Why doesn't The New Statesman invite Nick Clegg to put forward his views for reform in an article here? It's all very hazy why he feels so strongly about this.

North East Watch's picture

Electoral turnout for PCCs estimated at 15%, what will turnout for any proposed H of L election be? 10%? We are not interested; presence of HL has done 0 to mitigate this disastrous Govt's track record, G4S latest in long line of c ups that just keeps getting longer. Just abolish it!

Denis Cooper's picture

If like me you want a stronger second chamber which would be more willing to stand up to the executive, but which at the same time would not pose any threat to the primacy of the Commons, then there is a quick and simple and inexpensive way to do that, and with additional advantages including the possibility that if it turned out to be an unsatisfactory solution then it could quite easily be reversed.

However it does mean thinking way outside the usual box and contemplating a very unconventional solution, one which as far as I know has no precedent anywhere in the world.

Perhaps the closest parallel would be the "limited voting" electoral system which was once used for some UK parliamentary elections, but with the elections being for members of both Houses of Parliament simultaneously rather than just for the Commons.

This is how it could be done:

First, abandon the present over-complex and contentious Lords reform Bill.

Second, introduce a much simpler Bill which only arranged that:

When this Parliament is dissolved, all the present members of the House of Lords are required to take leave of absence for the next two Parliaments.

The general election is held in the normal way, with each elector having one vote to cast in the normal way, and all the candidates who come second in their constituency polls are summoned to serve in the Lords for the duration of the next Parliament.

Present members of the Lords who are keen to continue can find constituencies where they have no chance of winning but a good chance of coming second, and in that event their leave of absence will be cancelled.

The same happens at the following general election, by which time constituents have got some idea of how well their own "Second Member of Parliament" has performed, as well as some idea of how well the new system as a whole has worked.

During that second Parliament there is a referendum to ask the people whether they want to continue with the new system, having seen it in operation for one and a half Parliaments, or they would prefer to revert to the previous system.
If the referendum approves the new system then a new Bill is passed to confirm its indefinite continuation; if the referendum rejects the new system then all the present members of the Lords are told that they will be invited back after the following general election, and as appropriate the existing arrangements are used to replace those who have died, or want to retire for reasons of age or health or loss of interest, etc.

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