RESEARCH PAPER 98/105 Lords Reform: Recent 7 DECEMBER 1998 Developments A Bill affecting the composition of the House of Lords was announced in the Queen's Speech on 24 November. Research Papers 97/28, House of Lords reform: recent proposals, 17 February 1997, and 98/85, House of Lords reform: developments since the general election, 19 August 1998 examined the debate on Lords reform in the run-up to, and since, the 1997 general election. Because of the pace of developments on this highly controversial issue, this Paper seeks to bring matters up- to-date. Other than material included for completeness or clarity, the items considered or cited in the two previous Papers are not reproduced here. Other relevant Research Papers include RP 98/102, The European Parliamentary Elections Bill, 1 December 1998; RP 98/103, Lords reform: the legislative role of the House of Lords, 1 December 1998, and RP 98/104, Lords reform: background statistics, forthcoming. Barry K Winetrobe HOME AFFAIRS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: List of 15 most recent RPs 98/96 Economic Indicators 02.11.98 98/97 Unemployment by Constituency - October 1998 11.11.98 98/98 Lottery awards: regional and constituency analysis (to October 1998) 12.11.98 98/99 Fairness at Work Cm 3968 17.11.98 99/100 Widows' Benefits (revised edition) 23.11.98 98/101 Economic Indicators 01.12.98 98/102 The European Parliamentary Elections Bill [Bill No 4 of 1998-9] 01.12.98 98/103 Lords Reform: The Legislative Role of the House of Lords 01.12.98 98/104 Lords Reform: background statistics (forthcoming) 98/105 Lords Reform: Recent Developments 07.12.98 98/106 Local Government Finance in England 01.12.98 98/107 Chronic Fatigue Syndrome/ME 01.12.98 98/108 The Road Traffic (NHS Charges) Bill Bill 3 1998-9 03.12.98 98/109 Protocol 11 and the New European Court of Human Rights 03.12.98 98/110 Water Industry Bill Bill 1 [1998/99] 03.12.98 Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. Summary of main points Reform of the House of Lords has been at the forefront of the political/constitutional agenda for a number of years, especially since Labour in Opposition produced proposals to change the composition of the Upper House by removing the hereditary element. The recent controversy of the so-called ‘Cross Bench proposal’ demonstrates the sensitivity of the issue in Parliamentary and political terms. The general background to the complex issue of bicameralism v. unicameralism in general, and the history of Lords reform in particular, was considered in Background Paper 297, The Other Place: second chambers and the House of Lords, 7 Sept 1992. Developments in the modern debate up to the immediate pre-election period were set out in Research Papers 97/28, House of Lords reform: recent proposals, 17 Feb 1997, and 98/85, House of Lords reform: developments since the general election, 19 Aug 1998. This present Paper seeks to bring the debate up to date, in advance of the forthcoming Government bill.1 This Paper should also be read with a companion Paper, RP 98/103, Lords reform: the legislative role of the House of Lords, 1 Dec 1998, and 98/104, Lords reform: background statistics, forthcoming. Members are reminded that the House of Lords itself, through its Library and its Information Office, produces a great deal of relevant material on the composition2 and work of the House, and on the history of reform and related matters. Much of this material is available on the Lords pages on the Parliamentary Intranet. The Labour manifesto for the May 1997 general election stated:3 A modern House of Lords The House of Lords must be reformed. As an initial, self-contained reform, not dependent on further reform in the future, the right of hereditary peers to sit and vote in the House of Lords will be ended by statute. This will be the first stage in a process of reform to make the House of Lords more democratic and representative. The legislative powers of the House of Lords will remain unaltered. The system of appointment of life peers to the House of Lords will be reviewed. Our objective will be to ensure that over time party appointees as life peers more accurately reflect the proportion of votes cast at the previous general election. We are committed to maintaining an independent crossbench presence of life peers. No one political party should seek a majority in the House of Lords. A committee of both Houses of Parliament will be appointed to undertake a wide-ranging review of possible further change and then to bring forward proposals for reform. We have no plans to replace the monarchy. The Queen's Speech on 24 November included the following: A Bill will be introduced to remove the right of hereditary peers to sit and vote in the House of Lords. It will be the first stage in a process of reform to make the House of Lords more democratic and representative. My Government will publish a White Paper setting out arrangements for a new system of appointments of life peers and establish a Royal Commission to review further changes and speedily to bring forward proposals for reform. 1 It does not consider 'internal' reforms such as changes to the ceremony of introduction. 2 See, for example, the recent House of Lords Library Note 98/005, Peerage creations 1958-1998, Nov 1998 3 New labour: because Britain deserves better, April 1997, pp 32-3 CONTENTS I Recent party views 7 A. The Government 7 B. The Opposition 11 C. The Liberal Democrats 18 II Other recent proposals 20 A. Edward Heathcoat Amory's CPS pamphlet, 20 Lords a'Leaping B. Charter 88's policy paper 21 C. Constitution Unit study of the Canadian Senate 22 D. A territorial role? John Osmond's Fabian Society 23 pamphlet III Recent Discussion in the Lords 25 IV Developments in the 1998-99 session 34 A. Generally 34 B. House of Lords 37 C. House of Commons 48 D. The 'Cross Bench Proposal' 60 V Selected Bibliography 64 RESEARCH PAPER 98/105 I Recent party views A. The Government The Government's annual report published on 30 July listed progress on its election pledges. Number 125 is: “end voting rights for hereditary peers As soon as we can.”4 The section of the report on 'modern government' contained the following (p 88): Modernising Parliament - reforming the House of Lords We will remove the right of peers to sit and vote in the House of Lords merely because of their ancestry. This will be the first stage in a process of reform to make the House of Lords more representative of the country as a whole. We believe that no single political party should have a built in overall majority of members in the House of Lords. We are examining reforms to the system for nominating peers to the House of Lords which retain its expertise and its role in challenging and revising legislation. The 'what we will do next' segment at the end of that section contained the following: 'Prepare for reform of the House of Lords' (p 89). The recent reshuffle, with the replacement of Lord Richard by Baroness Jay of Paddington as Leader of the Lords, led to speculation about the Government's plans for the House of Lords. Lord Richard was quoted in the New Statesman on 31 July: “I have concerns about the reform now,” he said. “If all the government is going to do is abolish the right of hereditary peers to sit and vote and then kick the second stage into touch it will be a great missed opportunity.” Lord Richard intended to establish a Royal Commission to agree a second-stage reform. Now, he fears, phase two just won't happen. “Whatever you do to the House of Lords is going to make the second chamber more troublesome for the Commons. There's no getting away from that and a lot of MPs on both sides are worried.” He adds: “I have no idea what the Prime Minister's views are. I've not talked to him about it. I don't think his mind has been engaged in this in any concentrated way.” It may well be that Blair has chosen to discuss the issue with others - such as Lord Irvine and Jack Straw - but like welfare reform, the scale of the task is greater than any of the ministers involved first realised. Lord Richard briefly lifted the veil on his former cabinet committee to illustrate the problems of merely establishing an interim chamber. “The more we looked at it, the more complicated it became. What do you do with the bishops? How will Lambeth Palace react? What do you do about the law lords? Do you have a cap on the size of the interim house and what's the size of the interim house? How many life 4 Cm 3969, p 101 7 RESEARCH PAPER 98/105 peers are you left with? What are you going to do with the Tories? Are they going to get more life peers, in which case how are they going to get them?” Baroness Jay of Paddington discussed Lords reform in a Daily Telegraph interview on 8 August.