Do the bishops in the House of Lords actually change anything?

When 0.8 of a bishop turns up to each vote (on average), it's hard to argue they have a substantial effect.

In the wake of the Church of England's vote to continue banning women from being bishops, there have been renewed calls to remove bishops from the House of Lords. This e-petition, for instance, argues that:

The Church of England on 20th Nov 2012 voted not to allow women to be Bishops. Though that is within its rights to do, this should worry the Government as Church of England Bishops are awarded legislative power through seats in the House of Lords.

The Church has chosen to be a sexist organisation by refusing women the right to hold highest leadership positions and therefore should not be allowed automatic seats in the House of Lords, as this clearly does not comply with the spirit of UK Equality law.

But does it actually matter that bishops are in the House of Lords? Clearly, I'm not talking about points of principle; having a religious organisation in the House of Lords is as symbolically wrong as having a hereditary monarch as the head of state. It represents a Britain which hasn't existed for a very long time, and actively denigrates many people's conception of their own nationality.

But do the bishops in the Lords actually affect anything? A 2007 paper from UCL's Meg Russell and Maria Sciara, titled "Why Does the Government get Defeated in the House of Lords?: The Lords, the Party System and British Politics" suggests not.

There are 26 bishops seats in the house of lords (although that number varies occasionally due to deaths and retirements, and currently only 25 are present). That is out of 760 seats overall, and compares to the 212 Conservative, 225 Labour, and 90 Liberal Democrat peers. In other words, if turnout were 100 per cent, and party lines held all the time, the bishops would never matter – the vote would go to the coalition every time.

The first snag are the crossbenchers – 176 peers who aren't affiliated with any parties. But even they don't affect the outcome all that often. Of all 806 whipped votes in the Lords between 1999 and 2005, the crossbenchers changed the outcome just 50 times. That is, if they had not voted, 37 defeats would have been turned to victory, ten defeats would have been turned to a draw, two victories would have been turned to a draw, and one draw would have been turned to a victory.

The second snag, and the one the parties battle with most frequently, is turnout. In the same period, the mean turnout for Labour and Liberal Democrat peers was just over 50 per cent, and while it was just 34 per cent for the Tories. For the parties, boosting turnout is by far the most important way to win votes. Once the whipped lords actually turned up, they tended to vote with their party, with 97 to 99 per cent cohesiveness.

In this sleepy chamber, where do the bishops fit in? The authors write:

The Bishops’ impact… is limited by the fact that they are a small group, and that like the Crossbenchers they vote relatively little, and do not vote as a cohesive block.

Most of the time, there is only one bishop at each vote (they actually have a formal rota, apparently), and their mean turnout is just 3.2 per cent. As in, four-fifths of a person. Only ten times in six years were there votes with more than five bishops attending (only 66 times with more than one):

The largest turnouts were 11 votes on the balloting of grammar schools in 2000 (when nine Bishops supported the government and two opposed), on the Civil Partnerships Bill in 2004 (eight supporting, two opposed), and on the Learning and Skills Bill in 2000 with respect to sex education guidelines to replace Section 28.19.

So there aren't many bishops in the lords, and they rarely turn up. Which is why it's not a surprise that, over 806 divisions and six years, only three times did the bishops make a difference. Twice, the government was defeated by one vote when the sole bishop voted against it, and once the government was defeated by one vote when three bishops voted against it:

This was over the issue of education of asylum seekers’ children, where an amendment moved by the Bishop of Portsmouth required that such children are taught in a school and not separately in a detention centre. Three Bishops attended and voted against the government, and it lost the division by one vote.

When it comes to the simple legislative arithmetic, it is largely irrelevant whether we have bishops in the lords. A dodgy batch of mussels in the House of Lords' restaurant would probably have a greater material effect on the outcome of divisions that the lords spiritual do.

There are, of course, benefits for the bishops which are harder to quantify. Being peers gives them the ability to lobby others more effectively; and there were almost certainly times when the threat of defeat caused the government to change its legislative program pre-emptively.

Nonetheless, those fighting to remove Bishops from the Lords are doing the right thing by focusing on matters of principle, such as equality and secularity. When it comes to substance, there really isn't a whole lot to object to.

Bishops, and an archbishop. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Getty
Show Hide image

Everyone's forgotten the one issue that united the Labour party

There was a time when Ed Miliband spoke at Momentum rallies.

To label the row over the EU at Thursday’s Labour leadership hustings "fireworks" would be to endow it with more beauty than it deserves. Owen Smith’s dogged condemnation of John McDonnell’s absence from a Remain rally – only for Corbyn to point out that his absence was for medical reasons – ought to go down as a cringing new low point in the campaign. 

Not so long ago, we were all friends. In the course of the EU referendum, almost all of the protagonists in the current debacle spoke alongside each other and praised one another’s efforts. At a local level, party activists of all stripes joined forces. Two days before polling day, Momentum activists helped organise an impromptu rally. Ed Miliband was the headline speaker, and was cheered on. 

If you take the simple version of the debate, Labour’s schism on the EU appears as an aberration of the usual dynamics of left and right in the party. Labour's left is supposedly cheering a position which avoids advocating what it believes in (Remain), because it would lose votes. Meanwhile, the right claims to be dying in a ditch for its principles - no matter what the consequences for Labour’s support in Leave-voting heartlands.

Smith wants to oppose Brexit, even after the vote, on the basis of using every available procedural mechanism. He would whip MPs against the invocation of Article 50, refuse to implement it in government, and run on a manifesto of staying in the EU. For the die-hard Europhiles on the left – and I count myself among these, having run the Another Europe is Possible campaign during the referendum – there ought to be no contest as to who to support. On a result that is so damaging to people’s lives and so rooted in prejudice, how could we ever accept that there is such a thing as a "final word"? 

And yet, on the basic principles that lie behind a progressive version of EU membership, such as freedom of movement, Smith seems to contradict himself. Right at the outset of the Labour leadership, Smith took to Newsnight to express his view – typical of many politicians moulded in the era of New Labour – that Labour needed to “listen” to the views Leave voters by simply adopting them, regardless of whether or not they were right. There were, he said, “too many” immigrants in some parts of the country. 

Unlike Smith, Corbyn has not made his post-Brexit policy a headline feature of the campaign, and it is less widely understood. But it is clear, via the five "red lines" outlined by John McDonnell at the end of June:

  1. full access to the single market
  2. membership of the European investment bank
  3. access to trading rights for financial services sector
  4. full residency rights for all EU nationals in the UK and all UK nationals in the EU, and
  5. the enshrinement of EU protections for workers. 

Without these five conditions being met, Labour would presumably not support the invocation of Article 50. So if, as seems likely, a Conservative government would never meet these five conditions, would there be any real difference in how a Corbyn leadership would handle the situation? 

The fight over the legacy of the referendum is theatrical at times. The mutual mistrust last week played out on the stage in front of a mass televised audience. Some Corbyn supporters jeered Smith as he made the case for another referendum. Smith accused Corbyn of not even voting for Remain, and wouldn’t let it go. But, deep down, the division is really about a difference of emphasis. 

It speaks to a deeper truth about the future of Britain in Europe. During the referendum, the establishment case for Remain floundered because it refused to make the case that unemployment and declining public services were the result of austerity, not immigrants. Being spearheaded by Conservatives, it couldn’t. It fell to the left to offer the ideological counter attack that was needed – and we failed to reach enough people. 

As a result, what we got was a popular mandate for petty racism and a potentially long-term shift to the right in British politics, endangering a whole raft of workplace and legal protections along the way. Now that it has happened, anyone who really hopes to overcome either Brexit, or the meaning of Brexit, has to address the core attitudes and debates at their root. Then as now, it is only clear left-wing ideas – free from any attempt to triangulate towards anti-migrant sentiment– that can have any hope of success. 

The real dividing lines in Labour are not about the EU. If they were, the Eurosceptic Frank Field would not be backing Smith. For all that it may be convenient to deny it, Europe was once, briefly, the issue that united the Labour Party. One day, the issues at stake in the referendum may do so again – but only if Labour consolidates itself around a strategy for convincing people of ideas, rather than simply reaching for procedural levers.