Reducing the size of the House of Lords: here’s how to do it


The House of Lords has faced increasing criticisms over its size – now well over 800 members – and David Cameron was criticised for his excessive peerage appointments. We now not only have a new Prime Minister, but a new Lord Speaker who has spoken out clearly about the need to reduce the size chamber to below that of the House of Commons. But what are the right mechanisms to achieve this, and to ensure that similar problems do not simply recur? Meg Russell analyses the options.

The growing size of the House of Lords has become increasingly controversial. Under David Cameron’s premiership, membership rose from just over 700 members to well beyond 800 in just six years, and he appointed to the chamber at a faster rate than any other prime minister since life peerages began (see page 13 here for figures to 2015). Both the Lords’ size and rate of appointments have frequently attracted fierce press criticism. Public figures expressing concern in recent months have included the Chair of the Committee on Standards in Public Life, Lord Bew, and the outgoing Lord Speaker, Baroness D’Souza.

Just in case Prime Minister Theresa May was in doubt about the strength of feeling on this issue, the incoming Lord Speaker Lord (Norman) Fowler began his term by strongly speaking out for change. Fowler was formerly a cabinet minister under Margaret Thatcher, and party chairman under John Major, so has significant gravitas in Conservative circles. In a BBC interview on 16 September he suggested ‘that by the next election, [the Lords] should be at a number that is just less than the House of Commons’, emphasising how the current situation is damaging to parliament’s reputation. A particularly sensitive contextual issue is that the Commons is itself due to shrink in 2020, from 650 MPs to 600, under the government’s proposed boundary changes. In an interview for the House Magazine (reproduced on Politics Home) Fowler commented that ‘I don’t think that we can justify a situation where you have over 800 peers at the same time as you’re bringing down the Commons to 600 MPs’. Conservative chair of the House of Commons Procedure Committee Charles Walker has gone further, suggesting that getting the Lords below 600 should be made a condition for voting the boundary changes through. A cross-party group of peers is pressing for the Lords to vote on the principle of being no larger than the Commons in the near future (notably the UK is the only bicameral country in the world where the second chamber is larger than the first). Conservative chair of the Public Administration and Constitutional Affairs Committee, Bernard Jenkin, has meanwhile asked his committee to launch an inquiry into Lords numbers and appointments.

So this appears to be a reform whose time has come. But the key question is how best to reduce from 800+ members to 600. To succeed, any such reduction must be both sustainable and seen to be fair. Here I argue that this requires four interconnected things: a large number of departures before 2020, a long-term cap on the size of the House, limitations on future appointments, and an agreed principle of balance between the parties (and other groups). Without all four, any attempted reform is doomed to fail.

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Democracy means democracy: parliament’s role in Brexit negotiations


What role will parliament play in the Brexit negotiations and what does this show about the UK’s ever-changing constitution? On 15 September the Constitution Unit hosted Paul Evans and Christopher Johnson, two experienced clerks at the Commons and Lords respectively. Toby Shevlane reports.

Nothing in politics can be taken for granted in 2016, and perhaps our concept of democracy is no exception. It has always been the case that the democratic process requires compromises to be found between different law-makers, but have UK law-makers ever been forced to compromise so heavily with their electorate? Professor Bogdanor has recently suggested that the referendum introduced a new idea into the UK constitution: the sovereignty of the people. The suggestion is that the people have become a ‘third chamber’ of parliament, at least for constitutional issues. The constitutional division of labour is, therefore, in a state of flux, and it is worth pausing to ask: what role will these different chambers play in the Brexit process? This was the question that Paul Evans and Christopher Johnson sought to answer at a Constitution Unit seminar on 15 September.

Paul Evans

Paul Evans is currently Clerk of the Journals in the House of Commons, and will soon be the clerk in charge of the House’s select committees. He spoke expertly about the role that these committees could play in the Brexit process, especially one that is to be set up to scrutinise David Davis’ Department for Exiting the EU. A deal for such a committee has been agreed between the usual channels, which will involve a committee of 21 members with a Labour chair but a majority of Conservative members. Evans said that how this select committee will operate is yet to be decided. But he stressed the importance of collaboration and inclusiveness: it should form a collaborative relationship with the government and other committees, and the process of Brexit scrutiny should be inclusive of devolved governments and legislatures. Overall, Mr Evans also welcomed the recent high level of public interest in politics, and argued that parliament should find innovative ways of involving the public in the Brexit process as much as possible.

Christopher Johnson

Christopher Johnson is the Principal Clerk to the House of Lords EU Select Committee. He spoke first about the process that the negotiations could follow. Article 50, he said, is expected to be triggered in 2017. Then, formal negotiations will begin with the EU member states, who will be represented by the EU Commission. Mr Johnson explained that these negotiations will produce multiple treaties: a withdrawal treaty (dividing up assets, settling financial relationships, addressing EU research programmes, and deciding the ongoing rights of UK and EU citizens under EU law) as well as at least one treaty that sets out the new relationship between the EU and the UK. He envisaged one such treaty, agreed in preparation for the moment of withdrawal, covering areas where continuity would be important, such as security and fishing rights.

Mr Johnson stressed the breadth and complexity of the negotiations that will take place, and argued that no single committee would be able to scrutinise such a complex and cross-departmental series of negotiations. Mr Johnson also pointed out that the government will need to reinvent large swathes of policy currently covered by EU law, and warned that a legislative bottleneck could form in 2018/19. In response to questions from the audience, he gave his view that the current scrutiny reserve procedure would not be triggered by the negotiations, but noted that it would be open to the government to extend the scope of the current procedure.

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Plus ça change – or déjà vu all over again: the proposals for new, and fewer, parliamentary constituencies

ron johnston

Proposals for new parliamentary constituencies have now been published by three of the four UK Boundary Commissions. Ron Johnston examines the nature of those recommendations and their likely impact, on both individual members of the current House of Commons and their parties. The Conservatives are likely to gain significantly over Labour as a result of the changes, but there is much debate over the electoral data that the Commissions have to use, as laid down in the rules approved by parliament in 2011.

The Boundary Commissions for England, Northern Ireland and Wales have now published their initial recommendations for new parliamentary constituency boundaries. These are implementing the revised rules for such exercises introduced in the Parliamentary Voting System and Constituencies Act 2011. An earlier exercise deploying those rules began in 2011 but was ended prematurely by parliament in 2013. That decision delayed the procedure by five years; the Commissions now have to deliver a final set of proposals for new constituencies by October 2018, which it is anticipated parliament will approve for use at the expected next general election in 2020.

Those new rules introduced two major changes to the United Kingdom’s electoral cartography, each with a potential substantial impact on the composition of the next House of Commons. First, the number of MPs is to be reduced from 650 to 600: England will have 501 compared to its current 533; Scotland’s contingent will be reduced from 59 to 53 and Northern Ireland’s from 18 to 17; Wales will experience the greatest reduction, from 40 to 29 MPs. The second change is that with four exceptions (two for Scotland – Orkney & Shetland and the Western Isles – and two for England – for the Isle of Wight) all constituencies must have electorates deviating by no more than five percentage points from a UK average of 74,769; all must therefore have electorates between 71,031 and 78,508.

The combination of those two changes accounts for the bigger cuts in Wales than elsewhere. Currently Wales has 40 constituencies with an average electorate of 54,546, compared to an average of 70,234 for England (excluding the Isle of Wight) and 67,416 in Scotland. Only one of the current 40 Welsh constituencies has an electorate within the specified range, and so the current map has to be completely replaced.

The Scottish Boundary Commission will not announce its provisional recommendations until mid-October, at the request of the political parties there.

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The restoration and renewal of the Palace of Westminster: lessons from Canada

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The Joint Committee on Restoration and Renewal of the Palace of Westminster reported last week, recommending a full decant from the Palace. Attention is now turning towards the process of implementation. The Canadian parliament’s more advanced redevelopment programme, which will see MPs sitting in a temporary chamber from 2018, can offer some insights into some of the challenges likely to be faced. Oonagh Gay outlines the background to Canada’s restoration project and some of its more controversial aspects.

Following last week’s publication of the report from the Joint Committee on Restoration and Renewal of the Palace of Westminster, recommending a full decant from the Palace, attention is turning towards the process of implementation. The Canadian parliament at Ottawa is also undergoing its own programme of redevelopment and provides a useful comparator.

The Canadian parliament was established on Parliament Hill, an escarpment next to Ottawa river. Its grand gothic revival buildings were designed to dominate the horizon. Opened in 1876, the complex suffered a devastating fire in 1916 which led to major rebuilding. A century later the parliament in Ottawa faces many of the same problems as the Westminster parliament. A complete restoration project began in 2001, when a Long Term Vision and Plan (LTVP) was developed in order to direct change in the parliamentary precinct in the city south of Wellington Street. It was designed as a 25-year programme to upgrade dilapidated buildings and add accommodation to the site for MPs, officials and the Royal Canadian Mounted Police.

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Parting shots from the Lord Speaker: Baroness D’Souza reflects on the House of Lords and its future


On Wednesday 20 July the Constitution Unit and the House of Lords authorities hosted a special event at which Baroness D’Souza reflected on her five years as Lord Speaker in conversation with Professor Meg Russell. The conversation covered the highs and lows of her tenure, as well as the issues of the size, composition and reputation of the House. Raffaella Breeze and Jack Sheldon report on the event.

At an event held on 20 July, organised by the Constitution Unit and the House of Lords authorities, the outgoing Lord Speaker Baroness D’Souza reflected on the highs and lows of her five years in the role in conversation with Professor Meg Russell, Director of the Constitution Unit. Baroness D’Souza also used the opportunity to address the pressing issues of the size and reputation of the House of Lords, indicating her own preferences for a cap on the size of the House and restrictions on Prime Ministerial patronage.

Baroness D’Souza is the second peer to hold the position of Lord Speaker, established under the Constitutional Reform Act 2005. Both Baroness Hayman, the inaugural holder of the office, and Lord Fowler, the former Conservative cabinet minister who will take on the role in September, were also present at the event. Baroness D’Souza recalled her objectives when she took office in 2011: to guard the reputation of the House, to expand its outreach programme outside of the UK, and to strengthen the relationship with the House of Commons. If Baroness Hayman’s role had been to create the position, hers was to develop and consolidate it.

The growth of the international outreach programme has been a particular feature of Baroness D’Souza’s tenure. She emphasised the vital importance of building institutional links with other parliaments, for example through exchanges of officials with parliaments in developing democracies, and opening up second channels of communication with countries where bilateral relations have gone sour, such as Russia and Taiwan. Baroness D’Souza spoke about how the international outreach programme had allowed her to pursue some of her other interests, such as promoting the role of women in politics. As Lord Speaker she had also pressed for more efficient, focused meetings of organisations such as the Inter-Parliamentary Union and Commonwealth Parliamentary Association.

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The Good Parliament: it is about more than breastfeeding and trans-toilets

sarah childs

In a new report, based on the best part of a year spent embedded in the Palace of Westminster, Sarah Childs makes recommendations for how the House of Commons can meet the international standard of a ‘truly representative, transparent, accountable and effective’ parliament. Here, she summarises the report and responds to media coverage that has focused on a small number of recommendations and lacked nuance.

Lots of people have to plenty to say about what is wrong with the UK parliament. Many do so at some distance from the Palace of Westminster. The Good Parliament report, launched on 20 July, is the culmination of a year working intimately with members and with House officials: its 43 recommendations are guided by this experience and expertise and offer a ‘menu of reforms’ that when implemented would meet the Inter-Parliamentary Union’s gender sensitive parliament status. Indeed, the report goes beyond this approach in developing and setting out proposals to deliver a diversity sensitive parliament.

The easy option would have been to avoid issues that the media would inevitably run with: breastfeeding and trans-toilets. If The Good Parliament report had two fewer recommendations, and note breastfeeding was part of larger recommendation regarding maternity and paternity leave, maybe the media coverage would have been more diverse and substantial. Some might have addressed the recommendation that the House make more information available to the public detailing what it is that MPs do. Others might have supported the recommendation that parliament collect more systematic data on the diversity, or rather homogeneity, of select committee witnesses. Yet others might have agreed that as the Palace of Westminster is repaired over the coming years that its buildings are made more disability friendly, or that the Women and Equalities Committee – which this week celebrated its first anniversary – should be made permanent.

Yet, as independent research it would have been academically remiss to ignore certain areas of debate simply to avoid ruffling a few feathers. From the very start The Good Parliament was designed to provide as comprehensive a set of recommendations as possible. It would show the Commons how it could meet the international democratic standard of a ‘truly representative, transparent, accessible, accountable and effective’ parliament. The UK House of Commons currently falls a long way short of meeting the Inter-Parliamentary Union’s norm of a gender sensitive parliament. Despite some important changes over the last decade or so, the Commons’ membership remains disproportionately elite, white and male whilst its infrastructure and culture continue to reflect the preferences of those members who have historically populated it.

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The EU referendum and some paradoxes of democratic legitimacy


In parliamentary democracies referendums generate alternative, competing sources of legitimacy. This has been clearly demonstrated by the EU referendum result, with the public voting to Leave despite a clear parliamentary majority for continued membership. Nat le Roux discusses this paradox and suggests that it would not be unreasonable for some MPs to choose to vote against the invocation of Article 50.  

In a parliamentary democracy, referendums are potentially destabilising because they generate alternative, competing, sources of democratic legitimacy. A majority of elected representatives may hold one view on a matter of major national importance. If a referendum demonstrates that a majority of the public hold the opposite view, which manifestation of democratic legitimacy should trump the other?

In Britain, parliamentary sovereignty is the governing norm of the constitution: it would seem to follow that a parliamentary majority can always overturn a referendum result. The reality, at least in the particular circumstances of the EU referendum, is less clear cut:

  • The referendum result will be implemented, effectively irrevocably, if Britain invokes Article 50 of the Treaty on European Union. It may be that the Prime Minister can do this without consulting parliament. If that is so, it can be argued that we now have a new constitutional principle under which, at least in particular cases, popular sovereignty as expressed in a referendum trumps parliamentary sovereignty.
  • On the other hand, if the invocation of Article 50 does require legislation, we should ask under what circumstances, and by what arguments, MPs can overturn the directly expressed views of the electorate without severely damaging the democratic legitimacy of parliament itself.

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