The progressive case against Lords reform

We know democracy is deeper than elections. We should honour that.

We know democracy is deeper than elections. We should honour that.

The House of Lords needs changing. But does it need this particular reform? Labour pledged this week that it will back Liberal Democrat proposals for an 80 per cent elected chamber. There are five reasons why the left might not think this is such a good idea.

1) Elections are not always and everywhere good. There are certain advantages to having legislators that are insulated from polls, Twitter tidal waves and yes, even voters. Experience demonstrates it breeds conviction politics. Whips are less of a threat, and amendments are more likely to be introduced and won. Significant changes - including blocking the government's attempts to limit trial by jury - have been won by the Lords. The welfare and NHS legislation is just the latest example.

Even if you agree with the principle that Lords should face the electorate, the current proposals would only allow future Lords to serve one term for fifteen years. As Lord Dobbs points out, this means that they will never be subject to genuine electoral accountability. When you can't get re-elected, you may as well do what you were going to do anyway.

2) You shouldn't look at how to design a chamber until you've decided what that chamber is for. At the moment there are whole bunch of unanswered questions. As Jesse Norman astutely points out (£), it makes no sense to consider the issue of electing the House of Lords before we've resolved devolution in Scotland. Who exactly will be governed by the House, and how? Do we want the Lords to be a pool of specialist knowledge providing scrutiny as it does now, or do we want a stronger check on an executive that is often criticised for having too much power, making us more like the US?

If electing our Lords really does give the second chamber more legitimacy, then power will be more dispersed and that may well result in more paralysis. People are already frustrated with governments for not being different or radical enough. With a rival second chamber, this may well get worse. What if the left wanted to come in and set up a universal care service? Or pursue more meaningful devolution? Radical agendas will almost certainly be harder to implement.

3) Ironically, we may see a decrease in diversity. Think of disabled peers like Baroness Jane Campbell. It is much harder for them to fight and win an election than it is to get an appointment. Similarly, we can say goodbye to crossbench MPs and the valuable independence they bring. To get elected to the Lords, you'll have to be a member of a political party - and presumably we'll be presented with candidates who couldn't quite make it to the first chamber.

Democracy is about a lot more than being able to vote. One of the most common criticisms of politicians is that we come from increasingly homogenous backgrounds, turning politics into a career rather than a service. Standing for election often requires wealth. Increasingly you have to be in a position to offer free labour through internships and live in London. Right now the Lords is relatively diverse, at least in terms of experience. If we create an elected second chamber without addressing who stands for election and how, we can expect more of the same.

4) Lords reform is not the public's priority right now. No one talks about the constitution on the doorstep. People are worried about their jobs, their homes and their families. We've already had the AV referendum - spending our time debating technical legislation may look like more navel gazing, especially when the Lords are relatively popular. Research by Meg Russell at UCL shows that the Lords were held in higher esteem than the Commons even before the expenses scandal broke. Shaking it up risks making politics look less relevant, not more.

5) It may hand a huge amount of power to the Liberal Democrats. If the second house became more significant, the LibDems' role as kingmaker would become even more important. And let's not forget that this whole programme is their deal anyway. As Andrew Neil points out, Lords reform is their prize for supporting the Conservative's constitutional boundaries that damage Labour.

Hereditary peers are embarrassing, but what if we could find some way of making appointments with legitimacy. What if we had a chamber that was picked to be more representative - the head of trades in industry, charities, our leaders in art, business, and education. That would bring the wealth of British experience to the table in decision making, whilst preserving a distinctive second chamber that didn't rival the first. The public already believes that legislative scrutiny and listening are more important than votes. We know democracy is deeper than elections. We should honour that.

Rowenna Davis is a journalist and author of Tangled up in Blue: Blue Labour and the Struggle for Labour's Soul, published by Ruskin Publishing at £8.99. She is also a Labour councillor.

Rowenna Davis is Labour PPC for Southampton Itchen and a councillor for Peckham

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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.