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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A new German law wants to force mothers to reveal their child’s biological father

The so-called “milkmen’s kids law” would seek protection for men who feel they have been duped into raising children they believe are not biologically theirs – at the expense of women’s rights.

The German press call them “Kuckuckskinder”, which translates literally as “cuckoo children” – parasite offspring being raised by an unsuspecting innocent, alien creatures growing fat at the expense of the host species’ own kind. The British press have opted for the more Benny Hill-esque “milkmen’s kids”, prompting images of bored Seventies housewives answering the door in negligées before inviting Robin Asquith lookalikes up to their suburban boudoirs. Nine months later their henpecked husbands are presented with bawling brats and the poor sods remain none the wiser.

Neither image is particularly flattering to the children involved, but then who cares about them? This is a story about men, women and the redressing of a legal – or is it biological? – injustice. The children are incidental.

This week German Justice Minister Heiko Maas introduced a proposal aimed at to providing greater legal protection for “Scheinväter” – men who are duped into raising children whom they falsely believe to be biologically theirs. This is in response to a 2015 case in which Germany’s highest court ruled that a woman who had told her ex-husband that her child may have been conceived with another man could not be compelled to name the latter. This would, the court decided, be an infringement of the woman’s right to privacy. Nonetheless, the decision was seen to highlight the need for further legislation to clarify and strengthen the position of the Scheinvater.

Maas’ proposal, announced on Monday, examines the problem carefully and sensitively before merrily throwing a woman’s right to privacy out of the window. It would compel a woman to name every man she had sexual intercourse with during the time when her child may have been conceived. She would only have the right to remain silent in cases should there be serious reasons for her not to name the biological father (it would be for the court to decide whether a woman’s reasons were serious enough). It is not yet clear what form of punishment a woman would face were she not to name names (I’m thinking a scarlet letter would be in keeping with the classy, retro “man who was present at the moment of conception” wording). In cases where it did transpire that another man was a child’s biological father, he would be obliged to pay compensation to the man “duped” into supporting the child for up to two years.

It is not clear what happens thereafter. Perhaps the two men shake hands, pat each other on the back, maybe even share a beer or two. It is, after all, a kind of gentlemen’s agreement, a transaction which takes place over the heads of both mother and child once the latter’s paternity has been established. The “true” father compensates the “false” one for having maintained his property in his absence. In some cases there may be bitterness and resentment but perhaps in others one will witness a kind of honourable partnership. You can’t trust women, but DNA tests, money and your fellow man won’t let you down.

Even if it achieves nothing else, this proposal brings us right back to the heart of what patriarchy is all about: paternity and ownership. In April this year a German court ruled that men cannot be forced to take paternity tests by children who suspect them of being their fathers. It has to be their decision. Women, meanwhile, can only access abortion on demand in the first trimester of pregnancy, and even then counselling is mandatory (thereafter the approval of two doctors is required, similar to in the UK). One class of people can be forced to gestate and give birth; another can’t even be forced to take a DNA test. One class of people can be compelled to name any man whose sperm may have ventured beyond their cervix; another is allowed to have a body whose business is entirely its own. And yes, one can argue that forcing men to pay money for the raising of children evens up the score. Men have always argued that, but they’re wrong.

Individual men (sometimes) pay for the raising of individual children because the system we call patriarchy has chosen to make fatherhood about individual ownership. Women have little choice but to go along with this as long as men exploit our labour, restrict our access to material resources and threaten us with violence. We live in a world in which it is almost universally assumed that women “owe” individual men the reassurance that it was their precious sperm that impregnated us, lest we put ourselves and our offspring at risk of poverty and isolation. Rarely do any of us dare to protest. We pretend it is a fair deal, even that reproductive differences barely affect our lives at all. But the sex binary – the fact that sperm is not egg and egg is not sperm – affects all of us.

The original 2015 ruling got it right. The male demand for reassurance regarding paternity is an infringement of a woman’s right to privacy. Moreover, it is important to see this in the context of all the other ways in which men have sought to limit women’s sexual activity, freedom of movement and financial independence in order to ensure that children are truly “theirs”.  Anxiety over paternity is fundamentally linked to anxiety over female sexuality and women’s access to public space. Yet unless all women are kept under lock and key at all times, men will never, ever have the reassurance they crave. Even then, the abstract knowledge that you are the only person to have had the opportunity to impregnate a particular woman cannot rival the physical knowledge of gestation.

We have had millennia of pandering to men’s existential anxieties and treating all matters related to human reproduction, from sex to childbirth, as exceptional cases meaning women cannot have full human rights. Isn’t it about time we tried something new? How about understanding fatherhood not as winning gold in an Olympic sperm race, but as a contract endlessly renewed?

What each of us receives when a child is born is not a biological entity to do with as we choose. It is a relationship, with all of its complexities and risks. It is something worth contributing to and fighting for. Truly, if a man cannot understand that, then any money wasted on a Kuckuckskind – a living, breathing child he could get to know – has got to be the least of his worries. 

Glosswitch is a feminist mother of three who works in publishing.