Lords appointments are back in the news, with rumours of resignation honours from Boris Johnson, and even possibly Liz Truss. The current unregulated system of prime ministerial patronage causes multiple problems, and new Constitution Unit polling shows widespread public demand for change. Meg Russell reviews the problems and possible solutions, in the context of a bill on Lords appointments due for debate tomorrow. She argues that small-scale changes are now urgently required, and urges party leaders to embrace them – whatever their longer-term aspirations for Lords reform.
Recent weeks have seen revived controversies about appointments to the House of Lords. These include concerns about Boris Johnson’s long-rumoured resignation honours list, now joined by concerns that Liz Truss may want resignation honours of her own after just 49 days as Prime Minister. While the personalities may be different, controversies over Lords appointments are nothing new. The central overarching problem is the unregulated patronage power that rests with the Prime Minister. As this post highlights, a series of other problems follow: regarding the chamber’s size, its party balance, the quality of candidates appointed, the chamber’s reputation and widespread public dissatisfaction with the system.
An end to the Prime Minister’s unfettered appointment power is long overdue. Tomorrow a bill will be debated in the Lords aiming to tackle some of the problems, but as a backbench bill it is unlikely to succeed. Its contents nonetheless provide a useful (though incomplete) guide to the kind of important small-scale changes needed. Both main party leaders now need urgently to propose short-term packages of their own.
The problem of the size of the Lords
Much attention has focused in recent years on the spiralling size of the House of Lords. The current system places no limits whatsoever on the number of members who may be appointed to the chamber by the Prime Minister. Most – though not all – prime ministers have appointed unsustainably. Particularly given that peerages are for life, over-appointment drives the size of the chamber ever upwards. This is a historic problem, visible throughout the 20th century. The Blair government’s reform of 1999 brought the size of the chamber down (from around 1200 to just over 650). But since then it has risen again. Two reports from the Constitution Unit – in 2011 and 2015 – analysed this problem, calling for urgent action. In 2016 the Lord Speaker established a cross-party Committee on the Size of the House, which made recommendations the following year. Centrally these included restraint by the Prime Minister based on a ‘two-out-one-in’ principle – so that only one new peer would be appointed for every two who left, until the chamber stabilised at 600 members. These principles were endorsed by the Commons Public Administration and Constitutional Affairs Committee, and respected by Theresa May. But Boris Johnson ignored them. In 2021, the Lord Speaker’s Committee lamented how he had ‘undone progress’ achieved by his predecessor.Continue reading