No end to hereditary peer by-elections in the House of Lords?

downloadThe House of Lords is not entirely unelected; July saw two new peers appointed following elections involving a very small, select group of electors. In this post, former Clerk of the Parliaments David Beamish discusses the process by which hereditary peers can be elected to the Lords, how the system came to exist, and the continuing efforts to remove the remaining hereditaries altogether. 

It was announced on 18 July that Lord Bethell had been elected to fill a vacancy among the 90 elected hereditary peers in the House of Lords – the 34th such vacancy to be filled by means of a by-election. The vacancy arose from the retirement of the Conservative peer Lord Glentoran (the House’s only Winter Olympic gold medallist) on 1 June. These by-elections are conducted using the alternative vote system and, despite there being 11 candidates, Lord Bethell did not need any transfers of votes, receiving 26 of the 43 first-preference votes cast by Conservative hereditary peers.

This was the second by-election this month: on 4 July the Earl of Devon was elected to fill a Crossbench place vacated by the retirement of Earl Baldwin of Bewdley, grandson of Stanley Baldwin and a tireless campaigner against water fluoridation. The Earl of Devon received 7 of the 26 first-preference votes of Crossbench hereditary peers and it took five transfers of votes for him to be elected.

Viscount Mountgarret was a candidate in both by-elections, receiving no votes in either. His optimism when deciding to stand the second time might have been fuelled by the success of the Earl of Oxford and Asquith, who was elected by the whole House in 2014 and sits as a Liberal Democrat, having previously been an unsuccessful candidate in a Crossbench by-election in 2011 and in Conservative by-elections in 2011 and 2013.

At least one more by-election is in prospect: Lord Northbourne, a Crossbench hereditary peer, has given notice that he will retire on 4 September.

Where do by-elections come from? The House of Lords Act 1999

The present arrangements whereby 92 hereditary peers sit in the House of Lords derive from the House of Lords Act 1999, which removed most of the 750 hereditary peers but provided, under the so-called ‘Weatherill amendment’, for two office-holders (the Earl Marshal and the Lord Great Chamberlain) and 90 elected hereditary peers to continue as members. The 90 comprised 15 peers willing to serve as deputy speakers or committee chairs, elected by the whole House, and 75 peers representing 10 per cent of the hereditary peers in each party or group: 42 Conservatives, 28 Crossbenchers, 3 Liberal Democrats and 2 Labour peers; they were elected by the hereditary peers in their respective groups. Continue reading

The failed Senate reform in Italy: international lessons on why bicameral reforms so often (but not quite always) fail

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On 11 and 12 June 2018 the Constitution Unit co-hosted two workshops with Rome LUISS university, the first being on ‘The challenges of reforming upper houses in the UK and Italy’. This post is the first in a series summarising the speakers’ contributions. Here the Unit’s Meg Russell reflects broadly on the international challenges of bicameral reform, drawing on experiences in the UK, Italy, Canada, Australia, Ireland, and Spain.

In reflecting on comparisons between the UK and Italy, in many ways our two parliaments are very different. The UK parliament is traditionally seen as weak (though I have disputed this), while the Italian parliament is seen as strong. Connectedly, the UK House of Lords is a wholly unelected institution, while the Italian Senate is largely made up of directly elected members. Nonetheless, one thing that unites the two systems is long-running pressure for bicameral reform. In both countries there have been numerous proposals made for second chamber reform over decades, most of which have failed. The most recent and fairly spectacular examples were the failure of Deputy Prime Minister Nick Clegg’s proposals for Lords reform in 2012, and Prime Minister Matteo Renzi’s proposals for Senate reform in 2016, which led to his resignation after voters rejected them at a referendum.

My own interest in bicameral reform dates back to 20 years ago when I began research for my first book, Reforming the House of Lords: Lessons from Overseas. In seeking to learn lessons for Lords reform from other countries, it soon became clear that reform pressures in the UK were far from isolated – if anything, they were the norm. So much so that I dedicated a chapter in that book to comparative pressures for reform.

So why are second chambers worldwide so controversial? And why, given these pressures, do they prove in practice so difficult to reform? The answers to these questions are closely related. Continue reading

The Labour Party’s long-standing lethargy over House of Lords reform

s200_pete.dorey (1)Labour recently announced that any new peers it nominates must commit to abolishing the House of Lords. In this post, Pete Dorey discusses Labour’s track record on Lords reform and why the party has failed to enact serious reforms when in government, arguing that the subject has suffered from a lack of intra-party consensus and a lack of serious interest in reform at ministerial level.

It is a clear reflection of the political turbulence and febrile atmosphere wrought by Brexit that some prominent Conservatives, and pro-Conservative newspapers, have attacked the House of Lords for daring to obstruct ‘the people’s will’, with regard to tabling significant amendments to the EU (Withdrawal) Bill. Of course, there is delicious irony in such condemnation, given that support for Brexit has long been couched in a discourse about restoring parliamentary sovereignty, whereby Westminster, not Brussels, should be the locus of all political decisions affecting the British people.

That it is also Conservatives who have recently denounced the unrepresentative and undemocratic character of the House of Lords is even more ironic, not to say hypocritical, given that the Conservative Party has hitherto been a staunch defender of the unelected second chamber – bitterly opposing the 1999 removal of most hereditary peers – particularly when Labour has mooted reforms to render it more politically representative, and/or curb its (limited) power.

That such reforms have only occasionally and sporadically been enacted by Labour governments has not been due to Conservative opposition, however, but to disagreements within the Labour Party itself over the desirability and details of Lords’ reform. Condemning the socially and politically unrepresentative character of the House of Lords, and its veto power, has been easy for Labour MPs and ministers, but intra-party agreement on what exactly should be done to remedy these apparent defects has proved rather more elusive. There are four main reasons why Labour governments have only pursued House of Lords reform sporadically, rather than systematically. Continue reading

What is the Salisbury convention, and have the Lords broken it over Brexit?

downloadThe European Union (Withdrawal) Bill returns to the Commons today for consideration of the numerous amendments made during its eventful passage though the Lords. Some commentators have accused the Lords of exceeding their constitutional authority, with the Salisbury convention being cited in defence of this position. David Beamish discusses how the convention operates and argues that the Lords have not breached it so far.

The European Union (Withdrawal) Bill has prompted much discussion of the role of the House of Lords in passing legislation, including references such as this to the Salisbury convention:

‘ …the Lords has effectively torn up the Salisbury convention: that manifesto promises by the governing party should not be blocked by an unrepresentative upper house’.

That passage, from an article in The Times by Matt Ridley, who sits in parliament as an elected hereditary peer, relates to the amendments made by the Lords to the Withdrawal Bill and in relation to the proposal for a ‘Leveson Two’ inquiry. A day later, Iain Martin wrote in The Times:

‘This week there was the worst illustration of the problem yet. The Commons thought that it had settled the question of press freedom, when it voted against moves to hold yet another inquiry into the press. But the Lords had another go on voting down the government, in breach of the convention that bills which enact manifesto commitments should be passed by the Lords.’

It is perhaps ironic that this ‘convention’ is now being cited in relation to the difficulties which the House is making for a Conservative government. It was originally introduced by a Conservative opposition which dominated the House of Lords following the election in 1945 of a Labour government with a large Commons majority but only a small representation in the Lords, which then consisted entirely of hereditary peers.  Continue reading

We must address the House of Lords’ size, for the good of parliament

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Tomorrow the House of Lords will debate its size, which is widely criticised for having grown by almost 200 since the removal of most hereditary peers in 1999. In this post former Lord Speaker Baroness D’Souza argues that change is urgently required to contain the number of peers, including placing limits on the Prime Minister’s patronage power, in order to maintain both the chamber’s ability to command respect and the wider effectiveness of parliament.

Tomorrow the House of Lords debates a motion ‘that this House believes that its size should be reduced, and methods should be explored by which this could be achieved’. The current membership of the chamber stands at over 800 (and substantially more when those temporarily absent are included). As the Constitution Unit’s work has frequently highlighted, there has been a steep increase in size since the chamber was last substantially reformed by the Blair government in 1999 – of a kind that is frankly unsustainable.

In the decade 1997-2007 a total of 374 new peers were created (i.e. 37.4 per annum). In the six years 2010-16, a further 261 peers entered the House (i.e. 43.5 per annum). Although some peers sadly die each year, and new voluntary retirement provisions were introduced in 2014, the number being appointed by the Prime Minister has far outstripped the number who have departed.

Of course the Lords was far bigger, with over 1,200 members, before the 1999 House of Lords Reform Act which excluded the majority of the hereditary peers from membership. But attendance then was fitful with some peers rarely, if ever, participating. Today with many more younger and active peers attendance it is at an all-time high – for several years now, average daily attendance has very significantly exceeded that  before the 1999 reform.

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Is David Cameron actually seeking to destroy the Lords?

Meg-Russell

Yesterday’s new peerage appointments attracted almost universal criticism for further adding to the inexorable growth in size of the House of Lords under David Cameron. But could the gradual erosion of the Lords’ reputation actually benefit the government by weakening parliament? Might it even be a deliberate plan? And – given that the Prime Minister holds all the cards – what can be done about it? Meg Russell comments.

Click here to access a printer-friendly PDF of this post.

This post has an eye-catching title, but it isn’t a joke – my question is deadly serious. David Cameron’s list of 45 new appointments to the Lords, announced this week, has attracted predictable wails of outrage – from the media, from opposition parties , and indeed from myself. His Lords appointments in the last five years have been completely disproportionate. As I demonstrated in a report earlier this year, he has created new peers at a faster rate than any other Prime Minister since life peerages began in 1958. Although growth in the size of the chamber has always been a problem, since 2010 it has escalated to new proportions. As is clear from my well-rehearsed graph, updated for this week’s appointments, the upward trajectory increased sharply from 2010. In the 11 years of Labour government from 1999-2010 the chamber grew by 40-70 members (depending how you measure it); in the five short years since Cameron took office, it has grown by two to three times as much.

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Note: ‘Actual eligible membership’ includes those on leave of absence and otherwise temporarily excluded from the chamber, all of whom could potentially return. Source: House of Lords Information Office figures from January each year, updated with 2015 appointments.

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Cameron’s parliamentary challenge #2: Managing the Lords

Meg-Russell

As the fallout from the general election is dissected, some commentators have noted the challenges facing Cameron’s new government in managing the House of Commons with such small majority. But Meg Russell warns that his challenges in managing the House of Lords could be even greater.

The country is now adjusting to a Conservative majority government that none of the general election polls (bar, broadly interpreted, the exit poll) predicted. The Conservatives are jubilant having increased their number of Commons seats, and now look forward to governing on their own. Senior figures no doubt hope for a more straightforward period of government than under coalition, subject to less negotiation and with greater ability to navigate policy through parliament. The challenges of governing with a narrow Commons majority have attracted some comment (with various references to the difficulties of managing rebellious backbenchers and reminders of the challenges of the Major years). But what most commentators have completely overlooked so far is the much greater challenge facing Cameron’s new government in managing the House of Lords.

Much of my research in recent years has focussed on the changing nature of the Lords following the 1999 reform that removed most hereditary peers. That reform was transformative: the previously Conservative-dominated chamber became one of ‘no overall control’, in which the balance of power was held by the Liberal Democrats and numerous non-party Crossbenchers. Peers became both more confident, and more able, to inflict government defeats – of which the Blair and Brown governments suffered over 450 during 1999-2010. The key ‘swing voters’ in that period were the Liberal Democrats; had they voted differently, over 90% of defeats would have been averted (as first shown here, and updated later here). Hence the 2010 coalition had a rather easier time managing the Lords – these swing voters having been absorbed into government. While Labour could defeat the coalition in the Lords if it joined forces with sufficient Crossbenchers or government rebels, defeats became less common – with just 51 during 2012-15. But this week’s move to single party government marks a return to something like the status quo ante – that is, a far more similar position to 1999-2010.

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