Peter Riddell: Political Briefing
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Reform of the Lords is about power: about whether MPs regard an elected second chamber as a challenge to the Commons. That has always been the block on change, and remains the main doubt about Jack Straw’s fresh attempt to end the stalemate.
Mr Straw argues that the current balance between the Houses can be maintained with an elected element. He cites second chambers overseas to claim that there is no necessary correlation between composition and powers. But many peers, and MPs, maintain that a change in composition must affect powers. Supporters of a fully-elected second chamber cannot just repeat the mantra about the primacy of the Commons. Such a chamber would require a written constitution to enshrine formal checks and balances between the chambers.
But, first, the Commons has to reach a decision, unlike four years ago when all options were rejected. Mr Straw came under fire from many Labour, as well as Tory MPs, for proposing a preferential system of voting between the options. Much of the opposition is overdone. Such a vote would, after all, be only a preliminary step, with plenty of opportunity for further votes once a detailed Bill appears.
According to a YouGov poll for the Hansard Society, two thirds of the public supports the existence of a second chamber, four fifths believe that there should be at least some elected members, and more than half think that they should be more independent of party politics than the Commons, though a majority (56 per cent) do not feel that they understand how the Lords works.
The likelihood is that, early next month, the Commons will back one of the mixed elected/appointed options and that the Lords will then vote even more heavily than in 2003 for an appointed House, as Labour peers are more hostile. (The frontbench Tory line of “we want reform, but not this reform” was a largely unconvincing attempt to mask an opposition to an elected House).
After the votes, the Government has promised to take stock. In practice, Gordon Brown will have to decide whether to engage in a long drawn out battle next winter, or wait to make a specific pledge in the next Labour manifesto.
Whatever happens on the big issue of composition, there is, however, a growing consensus that, at minimum, the appointments commission should be made statutory, taking over the key decision on political nominations made by party leaders; and there should be no replacements for the remaining 92 hereditary peers. Ministers would also favour an age limit and provision for retirement/resignation. Any reform should also ensure that membership is a job, not an honour, as Meg Russell of the Constitution Unit, a leading authority on the Lords, commented yesterday.
Above all, as Mr Straw argues, there is a need for a decision: either a shift to a largely elected House or an appointed chamber with, at least, the minimum tidying up package. But both sides need to be more candid about the implications. An appointed House will remain a limited, revising chamber, and an elected one is bound to become more assertive.
Peter Riddell has been a leading political commentator and an Assistant Editor for The Times since 1991. He writes mainly, but not exclusively, about British politics and has published several books on British politics, including not one, but two, on Margaret Thatcher
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We do have a (largely) written constitution. It's just not in a single document.
Look at the Bill of Rights, the Act of Union and the Human Rights Act if you wnt to see constitutional provisions in writing.
Euan, London, UK
Of course Peter Riddell is right. Reform of the Lords is about power. In its 1997 general election manifesto, Labour promised a referendum on a system of proportional representation to replace FPTP - and in government broke that promise. Once in power, representative democracy could go hang.
A part-elected, part-cronied second chamber will be a constitutional dog's breakfast, and a further insult to the British electorate. It must be wholly elected, and candidacy must be open to independents, not just party hacks. Any candidate who can rustle up a deposit and collect the signatures of 50 voters on the electoral roll should be allowed to stand.
Mr Riddell's concerns over the assertiveness of a reformed upper house are, to put it mildly, misplaced. Other modern democracies have somehow contrived workable relationships between two elected chambers, as he knows perfectly well.
Ephi Levyn, Stockport, England
Surely the obvious compromise is to have an elected second chamber but using the single transferable vote.
But for the life of me I can't understand why the bishops should be retained.
John Logan, Leeds, UK
Don't elect people to the House of Lords,
We have enough egomaniacs in the Commons,
Don't let the Government appoint new Lords,
They'll just sell to the highest bidders,
Don't keep the Hereditary Peers,
It's not fair on us proles.
Why not use a system that has worked fine for over 100 years. Appoint random individuals for a fixed number of years from the lists of those eligible for jury service. This would give use a second chamber filled with a healthy cross section of people rather than those selected by an accident of birth, selected by professional politicians or worse still filled with more professional politicians.
To those who say we should do away altogether with a second chamber, I would say that we need a revising chamber to watch MPs that will use the common sense the House of Commons lacks.
A Williams, Stockton-on-Tees,
"Such a chamber would require a written constitution to enshrine formal checks and balances between the chambers. " Not at all: the Parliament Acts already define an acceptable relationship between the two chambers - the second cannot hold up money Bills passed by the first, but on all other Bills the second can impose a delay - and that would work better with a second chamber specifically elected so that the governing party, aka "the elected dictatorship", would never have a majority in both chambers. And the simplest way to ensure that, while maintaining the essential geographical constituency link between the electors and their representatives, is to give a seat in the second chamber to the candidate who comes second in each constituency.
Denis Cooper, Maidenhead, England
Sooner or later the UK will be forced to complete the process of becoming a federation of its four nations, a process on which it has already irrevocably embarked with the grant of devolution in varying forms to all the nations but England. When that process is completed (incidentally providing the only possible answer to the West Lothian Question), various inevitable consequences will follow, chief among them a parliament for England separate from the federal parliament at Westminster: a written constitution in a single document defining the respective powers of the constituent parts of the federation and enshrining the principle of subsidiarity within the UK: and the conversion of the federal second chamber (currently and weirdly still called the House of Lords) into a Senate representing the four nations in such a way as to protect the three small nations from excessive dominance by the big one (England) -- cf. the US and Australian Senates. It's a pity that the current renewed attempt to 'reform' the House of Lords is taking place in a vacuum, without reference to the federal implications of the semi-federation that the UK has already become, in all but name.
Brian Barder, London, UK
"I would liken our unwritten constitution to an unwritten telephone directory."
I'm not sure that's a very good analogy. I would direct you to sites like bt.com and 192.com. Unwritten telephone directories both of them.
The fact it, with the possible exception of autocratic dictatorships, a state can't help but have a constitution - it might be written or unwritten, clear or ambiguous, but it still is one.
A bit like the contract you have with a shopkeeper. It's not written down, you're probably not sure what it involves, you might argue about your rights under it. But the whole thing wouldn't work without one.
Robert Kaye, London, UK
Could you, and your colleagues, stop using the phrase 'written constiution'. If a constitution is not written down, it does not exist, for its whole point is to provide a visible and immutable framework for political conduct.
The best example of such a constitution is that of the United States, but France and Germany also posess excellent documents. France's, with its secular model, is outstanding, although one worries that it might too easily be altered at the time of a regime change.
Another phrase you should therefore avoid is 'constitutional monarchy'. Countries like Holland or Sweden are constitutional monarchies, because the role of their monarchial institutions are exactly defined by their constutions. Since we don't have one, our monarchy has no such rules; it is an unconstitutional monarchy.
I would liken our unwritten constitution to an unwritten telephone directory. A limited coterie of people know the numbers, and can change them for their own advantage under the Privy Council oath and the Official Secrets Act. For the rest of us it doesn't exist and is merely what we are told it is. By the way, that analogy is original and my own, but you have ny permission to use it.
Ian R Brook, Esher, UK