In May, Jack Straw was promoted or demoted (depending on your perspective) from Foreign Secretary to Leader of the House of Commons. Technically, Commons Leader is not a Cabinet position in its own right, so Straw holds the Cabinet position of Lord Privy Seal as well. It was technically a promotion, as if it's Prime Minister's Question Time in the Commons, and neither Tony Blair nor John Prescott are in the country, then Straw is in the hot seat.
Straw was never a big fan of electoral or constitutional reform, but now he has big plans for the House of Lords.
Until 1911, the House of Lords was absolute. It could throw out any piece of legislation passed to it from the House of Commons. And often did. The majority of its members were hereditary peers, inheriting the title normally from his father. Women could inherit the title, but- until the Peerage Act 1963, could not take her seat in the Lords.
There were two exceptions. Firstly there were the 26 Church of England bishops (Archbishop of Canterbury, Archbishop of York, Bishop of London, Bishop of Durham, Bishop of Winchester, and 21 others). Then there were the Law Lords. 12 men, granted life peerages under the Appellate Jurisdiction Act 1876. They would remain members of the Lords until death- but their title would die with them. This practice will end soon, as the Constitutional Reform Act 2005 sees the 11 Law Lords and 1 Law Lady form the new Supreme Court.
The Parliament Act 1911 altered the balance of power. With some exceptions, if a piece of legislation was passed by the Commons and rejected by the Lords in one session (which normally runs from November to October), is passed by the Commons and rejected by the Lords in the next session, and then passed by the Commons in the third session, then it goes straight to the monarch to be granted Royal Assent.
In 1947, the Labour Government introduced legislation to limit this, so a piece of legislation passed by the Commons and rejected by the Lords in one session, and then passed by the Commons in the next session goes straight to the monarch for Royal Assent. This was rejected by the Lords in two sessions, so the Parliament Act 1949 become law using the procedure in the Parliament Act 1911. The controversy around this was twofold. Firstly, the Lords saw their powers reduced despite voting against this. Secondly, the Parliament Act 1911 was used to amend itself.
The Life Peerages Act 1958 extended the principle of life peerages to more than just the Law Lords. Since then, the majority of peerages created have been life ones.
The Peerage Act 1963 allowed hereditary peers to disclaim their title, effectively dying as far as the peerage was concerned. In November 1963, the new Prime Minister, Alec Douglas-Home used this to leave the House of Lords and was elected to the House of Commons in a by-election.
And there the matter rested.
In 1999, Blair decided to grasp the nettle. The House of Lords Act 1999 was intended to simply sweep the hereditaties away. However, Blair agreed to some concessions.
The first was that some of the hereditary peers would be given life peerages, so they could remain in the House of Lords.
The second was that the House of Lords could elect 90 hereditary peers to remain "for the interim period". This was done in a two-stage process. In stage one, the whole of the Lords could vote to elect 15 hereditaries to remain. They chose 9 Conservatives, 2 Crossbenchers, 2 Labour and 2 Liberal Democrats.
In stage two, the Lords split down into "party groups"- Conservative, Labour, Liberal Democrat and Crossbench (i.e. everyone who was not in one of the 3 main parties). The Conservatives had to elect 42 hereditary peers, the Crossbenchers 28, Liberal Democrats 3 and Labour 2.
Now Straw has raised the issue of reform of the House of Lords.
Blair has often made clear that his preference is for a wholly-appointed House of Lords. The point often made by Valerie Amos, the Leader of the House of Lords (again, not a Cabinet post. Amos sits in the Cabinet as Lord President of the Council) is that a House of Lords with even a small minority of directly-elected peers would challenge the legitimacy of the Commons. The argument is that the Lords is a revising chamber, and the will of the Commons should be recognised. In this model, the Lords has one role- to ask the Commons to think again. But ultimately, if the Lords and Commons disagree, the Lords will back down.
For Blair and Amos, once you have members of the House of Lords elected by members of the public, then the elected members will start getting bolshie, and say to the Commons "Oi! You! We have a democratic mandate as well." For supporters of the Blair/Amos view, you only need to look at Washington and remember what happens when one party controls the House of Representatives and the other the Senate. The Blair/Amos fear is of gridlock.
There is another strong argument for an appointed House of Lords. And that is that through the Crossbenchers- which make up about a quarter of the members- the voices and opinions of those who would be crushed beneath the juggernaut of big political party fighting can be represented. The Crossbenchers include people from the Northern Ireland Women's Coaltion and the Green Party- who don't stand a chance of being elected in the world of winner-takes-all First Past The Post. And above all, the Crossbenchers include the non-politicians. Ideally, they should be the wise men and wise women who are not attached to any party. Unpredictable. Needing to be swayed by reasoned argument rather than "this is the party's view." In a wholly-elected House of Lords, how many Crossbenchers would there be? Zero? One of the greatest strengths of the British Parliamentary system is the way that non-politicians are brought into the heart of the legislative process like this. And of course, at the pinnacle, a Head of State who is not a politician.
And the other argument against elections to the House of Lords is "elect one, elect all." If you were to elect some peers, then it is feared that there would be a two-tier House, some elected, some appointed.
There is a final argument, which might sound odd. And that is that an elected House of Lords would be too democratic. Any plans to elect all or part of the House of Lords relies on a system of Proportional Representation in multi-member constituencies. Normally either party lists with d'Hondt, or the Single Transferable Vote. And this raises the problem that not only would there be elected peers, these peers could say that they were elected on a more democratic system than the Commons. And the only way round that would be to use Proportional Representation to elect the Commons....
Much media attention over the past few days is that Straw is grasping the nettle again. What he appears to favour is:
* A House of Lords with 450 members
* 209 appointed by the House of Lords Appointment Commission and party leaders (as in the current system)- about a third to a half of these to be Crossbenchers
* 225 elected in thirds (75 each time) using d'Hondt on party lists, to serve for 3 terms.
* The number of bishops in the Lords cut from 26 to 16.
Now, 450 members means some will have to go. About 250 to 300. And where will they go? Well, the more active party ones will probably try to go to the House of Commons. This will remove a useful function of the Lords- clearing the Commons, and ensuring a turnover in membership. At each general election, there will be MPs retiring from the House of Commons, and you expect about 20 to 30 to end up in the House of Lords a few weeks later. Now, for many of them it doesn't come as a surprise- they would have learned that they would get peerages and then decide to retire from the Commons. Many of the big names of the 1980s are in the Lords- life moves on. Who would really want to see them still in the Commons while younger people have to wait for one of them to die off and for there to be a by-election.
Good to see that there will still be Crossbenchers, keeping one of the valuable aspects of the current system.
Unclear whether appointed peers will be for life or will have to face re-appointment occasionally. This will enable the Lords to continue the "clearing the Commons for the next generation to take over" function. Also, parties find it useful to appoint members to the Lords to serve as spokesmen and spokeswomen in policy areas, and- in Government- to serve as ministers. But many peers are not seeking office, making the Lords more Congressional than the Commons is. When in the Lords what can you aim to do? Well, serve on policy committees.
Only two Cabinet members are in the Lords. There's Amos, of course. Then Charles Falconer, the Lord Chancellor and Constitutional Affairs Secretary (the post was simply known as the Lord Chancellor until Falconer was appointed in June 2003). But the Constitutional Reform Act 2005 is clear that this post can now be held by an MP. So, you could make a case that there need not be any Government ministers in the Lords at all. If you allowed the Speaker of the House of Lords (a new post, set up by the Constitutional Reform Act 2005. Held since July 2006 by Labour's Helene Hayman, the first person to hold the post) to take over the Leader of the House of Lords' setting of the timetable, and allowed Government ministers from the House of Commons to appear before the relevant policy committee and argue the case for the committee to introduce the legislation to the Lords once passed by the Commons- or a procedure whereby anything passed by the Commons has to be debated and voted in by the Lords- then there could be a genuinely Congressional House of Lords.
Now to the elected element. Electing in thirds is lifted straight from the US Senate. Fair enough. Allows some stability. Being elected for 3 parliamentary terms is a bit odd at first, as in the post-war era, the gap between elections to the House of Commons could be from 8 months (February to October 1974) to 5 years 1 month (April 1992 to May 1997). Uneven. It would have worked out as:
June 1970 to May 1979- 8 years 11 months
February 1974 to June 1983- 9 years 4 months
October 1974 to June 1987- 12 years 8 months
May 1979 to April 1992- 12 years 11 months
June 1983 to May 1997- 13 years 11 months
June 1987 to June 2001- 14 years
April 1992 to May 2005- 13 years 1 month
But I see what Straw is aiming at. By having elections to the House of Lords at the same time as the House of Commons, he is ensuring that defeated MPs don't think "I've lost my seat. But there'll be an election the the House of Lords soon." Instead a defeated MP would have to wait till the next election to the Commons.
Use of d'Hondt party lists. So, the parties decide the order on the list. Effectively the voters say how many new elected peers each party can have, and the parties decide who gets those places. Well, it's an improvement. I'd prefer to see the Single Transferable Vote.
Reducing the bishops. Fair enough. Although our local bishop, Michael Scott-Joynt, the Bishop of Winchester, is reliable, most of them follow a Jesus who wandered around 1st century Palestine spouting 21st century editorials from
The Guardian.
All in all, a reasonable stab at reform, which deserves careful consideration in the Commons and the Lords.