The truth about House of Lords appointments

Meg-Russell

Yesterday Prime Minister David Cameron, seemingly undeterred by the already negative media coverage about the Lord Sewel affair, gave strong indications that he intends to make yet more appointments to the Lords. In doing so, he appeared to invoke a convention that does not exist: that of bringing Lords membership into line with Commons seats. In this post Meg Russell sets out some of the basic facts about Lords appointments, and some options for what might be done.

In recent days the media has been dominated by stories about the conduct of Lord Sewel. On the back of this, there have been numerous calls for Lords reform, or even abolition. Various outlets have linked this to rumours that Prime Minister David Cameron plans imminently to appoint more peers – which have been circulating for weeks. But despite media coverage of the Lords having reached a nadir, and the fact that his previous appointments have attracted howls of media outrage, Cameron seemed to signal yesterday that he intends to press ahead with new appointments. In doing so he implied a convention that prime ministers always behave in this way, saying:

‘It is important the House of Lords in some way reflects the situation in the House of Commons. At the moment it is well away from that. I’m not proposing to get there in one go. [But] it is important to make sure the House of Lords more accurately reflects the situation in the House of Commons. That’s been the position with prime ministers for a very, very long time and for very good and fair reason.’

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‘English Votes for English Laws’ —a viable answer to the English Question?

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Daniel Gover and Michael Kenny outline the government’s detailed proposals for introducing EVEL that were published last Thursday. They argue that, while incremental and modest in some respects, the proposals do raise wider points of constitutional principle which suggest English Votes could be the start rather than the end of a much longer process of finding viable answers to the English Question.

Last week the government published its detailed proposals for introducing English Votes for English Laws (EVEL) into the House of Commons. This is a significant moment in our constitutional history primarily because these changes reflect the acceptance of the need to institutionalise a collective English interest in the legislature, and the conviction that there is a growing and legitimate sense of grievance concerning England’s position within the UK.

The primary rationale offered for introducing EVEL is to bring Westminster up to date with the implications of devolution elsewhere within the UK. In a context where further devolution is anticipated for Scotland, Wales and Northern Ireland, it is becoming harder to ignore demands that English interests be given greater consideration in parliament. The independent McKay Commission, which was appointed by the Coalition government and reported in March 2013, suggested that there was now a clear imperative for England’s voices to be heard within the post-devolution constitutional settlement. There is significant support for the principle of EVEL: the 2014 Future of England Survey found that 62% of people in England agreed that Scottish MPs should be prevented from voting on England-only legislation. The criticisms that the government’s proposals have so far elicited, reprise a number of standard objections to EVEL. But, while these are far from irrefutable, there is good reason to think that EVEL is unlikely to represent a sufficient answer to the English question.

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The age of the new Parliament

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The 2015 general election saw the election of the youngest MP since 1832. Chrysa Lamprinakou draws on Parliamentary Candidates UK data to highlight the slow but steady downward shift in the age at which MPs start their careers and the variation across parties.

In our previous blog, we discussed the new Parliament’s composition in terms of gender and race. Our analysis showed that compared to the 2010 intake, there are now 48 more women MPs and 14 more BME MPs in the newly elected House; women now constitute 29% and BME MPs 6% of the Commons. While the record number of women and BME MPs made headlines, much of post-election attention was focused on the electoral landslide of the Scottish National Party. The SNP elected 56 MPs to Westminster, 50 of whom were elected for the first time.

Among the new Scottish cohort, was 20-year old politics student Mhairi Black. The success of Ms Black, the SNP MP for Paisley and Renfrewshire South, hit the news for two reasons; first, she defeated one of Labour’s most senior figures, Douglas Alexander and second, she is now the youngest Member of Parliament since the Reform Act of 1832.

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The new opposition: How will SNP MPs influence Westminster politics?

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Louise Thompson argues that the constitutional challenges we will see over the next 5 years will be a product of the changed composition of Parliament. Here, she specifically considers how SNP are likely to try and amend proposed constitutional reforms announced in the Queen’s Speech last week.

We are only a couple of weeks in to the 2015 Parliament, but we can already see signs of big changes from the previous Parliament, as well as some major parliamentary and constitutional challenges ahead. Last week’s Queen’s Speech proved what most commentators had already suspected; the first majority Conservative Government for nearly two decades will oversee a period of major constitutional change. This includes greater devolution to Scotland, Wales and Northern Ireland as well as to English cities and an In-Out referendum on membership of the European Union to be held by the end of 2017. The constitutional ground is beginning to move already. The Prime Minister has already met with the Scottish First Minister Nicola Sturgeon to discuss the devolution of more powers to the Scottish Parliament.

As returning MPs took their seats in the chamber following the Queen’s Speech last week, they were met with a sea of unfamiliar faces as 182 new Members took their seats in the chamber. There is nothing new about a high turnover of MPs – the 2010 General Election saw an even higher turnover of Members. But the composition of the new intake, with record numbers of women and ethnic minority MPs, a massive drop in the number of Liberal Democrat MPs and the arrival of a much larger number of SNP MPs is very different to what the House has seen before. The challenges we will see over the next five years to the government’s planned constitutional reforms are very much a product of this changing composition.

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What the Queen said – and what she didn’t say

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Following yesterday’s Queen’s Speech, Robert Hazell considers the constitutional issues that featured, as well as those which were notable in their absence.

There were few surprises in the Queen’s Speech announcing the new government’s legislative programme. Like his admired predecessor Tony Blair, David Cameron knows that the public have little interest in constitutional issues, so the constitutional items came last, just before foreign affairs. England got mentioned first, with devolution to English cities; then more powers for Scotland, Wales and Northern Ireland; English votes for English laws; the EU referendum; and a British bill of rights. What are the key issues to look out for in relation to each of these items? And what other items didn’t get a mention?

The Scotland Bill will be introduced early, because that was promised in the Vow, and the coalition government published draft clauses in January. It will implement the proposals of the Smith Commission, but go no further. It appears to be a done deal, but will be attacked on both sides. The SNP attack is predictable: they will say their resounding victory in Scotland is a mandate to go much further. But the bill also risks being attacked on the government side. The Smith proposals are based on no underlying principles and were very hurried, with no consultation amongst the political parties and endorsed only by the three main party leaders. When the details are examined, unionists on all sides may start to worry about their feasibility, and compatibility with the union. Whitehall was bounced into Smith like everyone else, and no one can confidently say how the fiscal arrangements will work in practice.

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Routes to EVEL: The challenges facing Chris Grayling in introducing English votes on English laws

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With the Queen’s Speech due tomorrow, we continue our series of blogs about devolution and its consequences, drawing on the Unit’s latest report Devolution and the Future of the Union. Here Robert Hazell analyses the commitment to English votes on English laws, looking first at its history, and then at its prospects.

Cynics might assume that the Conservative policy of English votes on English laws was an opportunistic slogan designed to garner votes in England, but never intended to be implemented in practice. Some attribute the commitment to David Cameron, who flourished it in the aftermath of the Scottish independence referendum. But the policy goes back much further than that, having appeared in the last four Conservative manifestos, from 2001 onwards. In the 2015 manifesto it was given added emphasis by being repeated four times, and spelt out in unusual detail in chapter 7.

The details were developed by the outgoing Leader of the House of Commons, William Hague, who chaired a Cabinet Committee which produced a White Paper published last December. It now falls to the new Leader of the House, Chris Grayling, to implement the policy in the new Parliament. What are his objectives; what are the main obstacles to introducing EVEL; and what would be a sensible way forward?

The logic of EVEL

The case for EVEL rests upon principles of fairness and accountability. Now that issues such as education and health are devolved to the Scottish Parliament and Northern Ireland assembly, it seems wrong that Scottish and Northern Irish MPs should continue to have a vote on such issues in England, or England and Wales. They have no accountability to the people of England; while the only people to whom they are accountable, their constituents in Scotland and Northern Ireland, are no longer affected by decisions made in relation to England. The conclusion is that English matters should be determined by English MPs alone.

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Can David Cameron call a second election? How does that fit with the Fixed Term Parliaments Act?

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Robert Hazell outlines how the Fixed Term Parliaments Act restricts the new government from calling a second election. He writes that if Cameron wanted to take a gamble to boost his slender majority, he would have to work within the confines of the Act given the likely complexities of any attempt to repeal it.

This is the third in a series of posts based on the Unit’s latest report, Devolution and the Future of the Union, published here.

Now that David Cameron has won, but only with a slender majority, speculation will turn to whether his government will last a full five years; and whether he could improve his numbers by calling a second election. In the run up to the election there was talk of the new government calling a second election after a year or so, as Harold Wilson did in 1966 and again in 1974. This kind of speculation is wild. It is no longer possible for the Prime Minister to seek an early dissolution, because the prerogative power to dissolve Parliament was abolished by the Fixed Term Parliaments Act 2011. It is now up to Parliament to decide whether there should be an early election. Under the Act there are only two ways in which Parliament can be dissolved early:

  • By a motion ‘that there shall be an early parliamentary general election’ passed by at least two thirds of the House of Commons (s 2(1))
  • By a formal no confidence motion, in the statutory form prescribed in the Act (that ‘this House has no confidence in Her Majesty’s Government’), passed by a simple majority of those voting (s 2(3)). If no alternative government can be formed within 14 days which can command confidence, Parliament is dissolved and an early election held.

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