House of Lords House of Commons Joint Committee on the Draft Reform Bill

Draft House of Lords Reform Bill

Report

Session 2010–12

Volume I Report, together with appendices and formal minutes

Ordered by the House of Lords to be printed 26 March 2012

Ordered by the House of Commons to be printed 26 March 2012

HL Paper 284–I HC 1313–I Published on 23 April 2012 by authority of the House of Commons and the House of Lords London: The Stationery Office Limited £0.00

The Joint Committee on the Draft House of Lords Reform Bill

The Joint Committee on the Draft House of Lords Reform Bill was appointed by the House of Commons on 23 June 2011 and by the House of Lords on 6 July 2011 to examine the Draft House of Lords Reform Bill and report to both Houses by 27 March 2012. It has now completed its work.

Membership

HOUSE OF LORDS HOUSE OF COMMONS

Baroness Andrews Gavin Barwell MP Bishop of Leicester Mr Tom Clarke MP Lord Hennessy of Nympsfield Ann Coffey MP Lord Norton of Louth Bill Esterson MP Lord Richard (Chair) Oliver Heald MP Lord Rooker Tristram Hunt MP Baroness Scott of Needham Market Mrs Eleanor Laing MP Baroness Shephard of Northwold Dr William McCrea MP Baroness Symons of Vernham Dean Dr Daniel Poulter MP Lord Trefgarne Laura Sandys MP Lord Trimble John Stevenson MP Lord Tyler John Thurso MP Baroness Young of Hornsey Malcolm Wicks MP

Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman.

Publications The Report and evidence of the Joint Committee is published by The Stationery Office by Order of the two Houses. All publications of the Committee (including press notices) are on the internet at http://www.parliament.uk/lords-reform

Committee staff The staff of the Committee were: Rhodri Walters (Lords Principal Clerk), Liam Laurence Smyth (Commons Principal Clerk), Eve Samson, and Eliot Wilson (Commons Clerks), Nicolas Besly, Antony Willott, and Ian Cruse (Lords Clerks), Christine McGrane, Committee Assistant, Melanie Moore, Committee Assistant, and David Burrell, Committee Support Assistant.

Contacts All correspondence should be addressed to the Clerk of the Joint Committee on the Draft House of Lords Reform Bill, Journal Office, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 6614; the Committee's email address is [email protected]

Draft House of Lords Reform Bill 1

Contents

Report Page

1 Introduction 3

2 Functions, Role, Primacy and Conventions 7 1. The principle of an electoral mandate 7 2. Functions, powers and role 9 3. Primacy of the House of Commons 12 Clause 2 14 The primacy of the House of Commons 17 4. Primacy: additional statutory provision 20 5. Conventions 22

3 Electoral System, Size, Voting System and Constituencies 27 6. Ratio of elected to appointed members 27 The Government’s Proposals 27 The 80:20 Split between elected and appointed Members 27 Possible tensions between elected and appointed Members 29 7. Size 30 8. The electoral system 31 The Government’s proposals 32 Indirect elections and “constituencies of expertise” 32 Proportional representation vs first-past-the-post 33 Proportional representation 34 Closed lists 35 Open lists and single transferable vote 35 STV or Open List? 40 9. Non-renewable terms 41 Independence vs accountability 42 Re-election 43 10. Length of term 45 11. The timing of elections 46 12. Accountability mechanisms 48 Recall 48 Minimum attendance requirements 49 13. Filling Vacancies 50 By-elections 51 14. Constituency issues 53

4 Appointments, Bishops and Ministers 59 15