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Michael Wills MP

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michaelwillsmp@parliament.uk

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   House of Lords Reform, 7 March 2007

I am delighted to follow the hon. Member for Aldershot (Mr. Howarth), although I find myself in disagreement on almost every point that he has just made. However, I agree with him on one point: we should vote on this matter tonight as a matter of principle.

When this issue last came before this House, I voted against all the options because I felt that the proposals had been formulated in such a way that they were bound to end up in the way that they did. I wished to signal my disquiet, and I did so in the hope—indeed, the expectation—that the House would soon have another opportunity to consider the question in a way better designed to achieve progress. I congratulate my right hon. Friend the Leader of the House on his brave efforts to do that.

I have no idea what the outcome of the votes tonight will be, but this time I shall vote not symbolically or tactically, but for what I believe to be the best option. The right to vote remains the most potent protection of the individual against the powerful. Democracy built on universal suffrage is the foundation of our nation. That principle, for which so many fought so hard and for so long, needs to be enshrined—not put aside.

Over the past two days we have heard several speeches, from Members whose personal democratic credentials are impeccable, against any form of election in the House of Lords. That argument rests on the premise that the democratic principle can be compromised because the second Chamber revises and scrutinises but remains subordinate to the House of Commons where the democratic principle remains paramount. However, the task of revising and scrutinising legislation is not negligible. It still represents the exercise of considerable power and it needs to be able to command consent from the citizens of this country. The primary qualification for anyone in either Chamber who seeks to legislate on behalf of the people of this country must be that they have been chosen by the people of this country to do so.

Mr. Robert Marshall-Andrews (Medway) (Lab): Will my hon. Friend give way?

Mr. Wills: Usually, I would happily sit down to allow my hon. and learned Friend to illuminate the House, but I have little time and there are still other Members who wish to speak, so I shall continue if I may.

Some might argue that a principle can remain substantially intact even if it is embellished somewhat, but such embellishment must justify its existence. I am not convinced that it does so in this case. There are many distinguished Members of the House of Lords who make invaluable contributions, and tribute has been paid to them by Members of all parties in this House. However, we should not make a principle out of a particular. Distinction in one sphere of public life is not axiomatically a qualification to pronounce with authority, or contribute usefully, to debate on every issue that comes before a legislature. Experience and status do not always generate wisdom. They can also generate rigidity and self-righteousness. Of course all legislation and legislators benefit from guidance and advice from experts, but nothing has ever prevented members of either House from availing themselves of such advice as they need it. There is no need to compromise the precious principle of democracy in order to be able to do that.

We have heard time and again in the past two days that the main concern of those opposed to applying the democratic principle to the second Chamber is that a democratically elected second Chamber will threaten the primacy of this House and lead to legislative deadlock. I am not in favour of any threats to the primacy of this House or of legislative deadlock, but I see no reason why either of these unwelcome outcomes need follow the House of Lords becoming democratically elected.

We should not confuse conflict and tension with gridlock. Conflict and tension are inevitable in any bicameral system. Indeed, one of the cardinal virtues of a bicameral system—and the reason why I support one—is precisely that the second Chamber can act to fetter the power of the first. The idea that conflict and tension do not occur under the current arrangements and that the House of Lords is a subservient creature of this Chamber is a curious one to anybody who has observed how the other place has deployed the power of the timetable and exploited every Government’s understandable reluctance to wield the Parliament Act too frequently in order to hinder, obstruct and defeat the passage of legislation. Indeed, several distinguished Members have highlighted the way in which the two Chambers have co-operated in seeking to fetter the Executive.

Nor would a hybrid second Chamber remove the possibility of conflict and tension; indeed, it would make such conflict just as likely—only slightly more complex. In practice, any majority of the elected Members of the second Chamber will feel that they have democratic legitimacy in challenging the House of Commons, and any form of hybrid solution is an unstable stew. So those who are concerned that a wholly elected House of Lords would produce legislative deadlock should, following their own logic, be opposed to any system that would allow the possibility of democratically elected Members securing a majority in the House of Lords.

Of course, democratically elected Members of the second Chamber may well feel they have greater legitimacy in challenging the Government, and that may generate more conflict and tension, which could become debilitating. However, the way to deal with that possibility is not to sacrifice the democratic principle, but to define with greater clarity the respective roles of the two Chambers. This is needed, and it is an essential companion to reform of the composition of the House of Lords. However, I am afraid that I disagree with all those who have argued that that should be the first instalment of House of Lords reform and that the Government are approaching the issue the wrong way round. “Clarify and reform the functions of the House of Lords first,” it is argued, “and then deal with the secondary issue of the composition of the second Chamber.” However, composition is not a secondary issue—it goes to the heart of the legitimacy of everything that the second Chamber does. Whatever improvements are made to its functions of scrutiny and revision, they will not command consent unless they are perceived to be legitimate.

There is a practical argument for starting with the composition of the second Chamber. In any complex and contentious negotiation, there is always a case for starting with the issue that is most likely to be agreed most readily. However excruciating this House has found the question of the House of Lords’ composition, discussion of its functions is likely to be at least as contentious and certainly more complex. If agreement can be reached on composition, that could create momentum towards the further reform of the functions of the House of Lords that I and many other Members believe is much needed.

Finally, I turn to the argument that an elected second Chamber will somehow turn into a home for supine party hacks, and that the gutsy independent appointees who scrutinise legislation without fear or favour will be lost. I add two notes of caution to that argument. First, I suspect that few current Ministers would argue that election on a party ticket guarantees acquiescence in the Chamber or support in the Lobby. As for appointment producing fearless and rigorous scrutiny and improving legislation—sometimes it does, and sometimes it does not. Sometimes, it simply produces futile whim and prejudice. What actually drives that argument is a belief, which I share, that the burgeoning power of the Executive over many years needs to be cut back, along with a belief that a House of Lords appointed in whole or part would somehow help that process. The solution to the problem lies not that way, but in a more comprehensive rebalancing of power between the Executive and the legislature. However, that is an issue for another day.

If reform of the composition of the House of Lords is completed, this issue is unlikely to be revisited this century. However, should this House fail again to resolve it—unwelcome as such a failure would be—it is highly likely for many reasons that it will revisit it again in the not too distant future. In these circumstances, I hope that Members will not vote tactically tonight in a wearily resigned determination to get something through. I hope that they will vote for what they believe is the right option for Parliament and for the country. Parliament and the country deserve better than options ranging from the unacceptable to the second best, and for that reason I shall vote against all those unpalatable options and for a wholly elected second Chamber.

 

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