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

Why we need a Committee for Future Generations in the House of Lords

88q98 (1)The Foundation for Democracy and Sustainable Development has proposed that the House of Lords establish a Committee for Future Generations to review legislation. It is hoped that such a body would reduce the short-termism that can creep into legislative and executive decision-making. Graham Smith explains why this Committee is needed and how it could work in practice.

The problem of short-termism in democratic politics is well understood. Psychologically, we all tend to prioritise more immediate concerns over long term considerations. Our electoral cycles of four to five years mean that politicians and political parties typically think in those timescales. Long-term issues are often complex and thus are difficult to deal with in the policy silos of government. Future generations by definition are not present and thus have no direct representation within decision making processes.

Some of the most challenging issues we face run against these tendencies, requiring us to take a long-term perspective and consider the interests of future generations. Rapid technological development, inter-generational economic opportunity, welfare and social care provision, or environmental challenges such as climate change all fit into ‘the too difficult box – the big issues that politicians can’t crack’ identified by former Labour minister Charles Clarke. The problem of ‘short-termism’ in politics was explored in detail by the international Oxford Martin Commission for Future Generations in its 2013 report, Now for the Long Term. The Commission recommended that, as a matter of urgency, governments invest in ‘innovative institutions… independent of the short-term pressures facing governments of the day but appropriately accountable to the political system in question.’ Such institutions ‘should be charged with conducting systematic reviews and analysis of longer-term issues.’ 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

Lords Brexit defeats are forcing MPs to face crucial choices

meg-russellOne part of the government’s flagship Brexit legislation is now nearing its parliamentary endpoint after the EU (Withdrawal) Bill completed its report stage in the House of Lords in early May. The UK parliament’s second chamber inflicted 14 government defeats on the bill, which sets out arrangements to facilitate Brexit. It will soon return to the House of Commons for these various issues to be considered. Meg Russell examines some of the issues this may cause for the House of Commons and parliament as a whole.

The Lords’ interventions have led some to claim that this is a “peers versus the people power grab”, or even that the chamber is behaving in an “unconstitutional” manner. But while the current situation may be unusual, it’s not for the reasons many commentators claim.

There have been many past standoffs between governments and the House of Lords, some far more serious than this one. The most famous clashes occurred a century or more ago under Liberal governments, including over the 1832 Great Reform Act and Lloyd George’s 1909 “people’s budget”. The largest recorded annual number of Lords defeats– 126 – occurred under Labour in 1975-76. Defeats under the Labour governments of Tony Blair and Gordon Brown were commonplace – for example there were 12 on the 2005-6 Identity Cards Bill. Continue reading

Exploring Parliament: opening a window onto the world of Westminster

leston.bandeira.thompson.and.mace (1)Cristina.Leston.Bandeira.1.000In February this year, Oxford University Press published Exploring Parliament, which aims to provide an accessible introduction to the workings of the UK parliament. In this post, the book’s editors, Louise Thompson and Cristina Leston-Bandeira, explain why the book is necessary and what it hopes to achieve.

If you travelled to Parliament Square today you’d see hundreds of tourists gathered in and around the Palace of Westminster. Over 1 million people visited parliament in 2017 to take part in organised tours, watch debates in the Lords and Commons chambers, attend committee hearings and visit its unique gift shops. Many more will have watched parliamentary proceedings on television; most likely snapshots of Prime Minister’s Question Time (PMQs). Recognition of the iconic building, with its gothic architecture, distinctive furnishings and vast corridors is high. However, the public’s understanding of what actually goes on within the Palace of Westminster is much lower.

As we write this blog it is another typically busy day in parliament. Among the many other things happening in the Commons today, Labour MP Diana Johnson is asking an Urgent Question on the contaminated blood scandal, there is a backbench debate on autism and an adjournment debate on air quality. Over in the Lords, peers will be scrutinising the Modern Slavery (Victim Support) Bill and debating the humanitarian crisis in Syria. Those of us who teach, research or work in parliament will know what each of these activities is. We’ll know why the Commons chamber will be far quieter during adjournment debates than at question times and we’ll be able to follow with relative ease the discussion in the Lords as peers scrutinise the various clauses, schedules, and amendments being made to government legislation. But to the wider public the institution can seem somewhat opaque. The language may seem impenetrable, the procedures archaic and the customs of debate unfamiliar. One may say there is therefore an important role, and perhaps duty, for those of us who teach and research parliament to inform and educate the wider public about the diverse range of roles being performed each day by the institution and its members. Continue reading

Revisiting Tony King’s analysis of executive-legislative relations shows just how much parliament has changed

meg-russellPhilip.Cowley.2016The inaugural issue of Legislative Studies Quarterly contained one of Tony King’s most insightful pieces on parliament and politicians. It is still regularly cited, and has influenced the analysis of a generation of parliamentary scholars. In this blog post, Meg Russell and Philip Cowley analyse the extent to which King’s conclusions hold true in a parliament that looks significantly different to its 1976 counterpart.

Parliaments are not monoliths, they are highly complex political organisations. Anthony King’s 1976 article ‘Modes of executive–legislative relations: Great Britain, France and West Germany’ was one of the first to point out the importance of the multiple relationships inside legislatures – including some relationships that are often hidden from view.

King argued that the most important of these in the British parliament was the ‘intraparty mode’: between the government and its own backbenchers. Others, such as the ‘non-party mode’ or ‘cross-party mode’, he judged to be weak at Westminster.

King’s objective was to strip away the noise and present parliamentary dynamics as a set of stylised relationships between different actors. The fundamentals of this analysis have stood the test of time very well in the last 40 years, and the article remains a classic. But since it was published, a great deal has also changed. We review these changes, and their effects on his conclusions, in a recently-published article in the Political Quarterly entitled ‘Modes of UK Executive-Legislative Relations Revisited’.
Continue reading

Monitor 68: A constitution in flux

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen the EU (Withdrawal) Bill pass from the Commons to the Lords; the failure of talks in Northern Ireland; and a significant government reshuffle. Abroad, Ireland is considering a permanent constitutional change and Japan has seen a constitutional first as its current emperor confirmed he is to abdicate. This post is the opening article from Monitor 68. The full edition can be found on our website. 

The UK is experiencing a period of deep constitutional uncertainty. In at least four key areas, structures of power and governance are in flux. Screenshot_20180308.210141 (1)

The first of these, of course, is the nature of the UK’s future relationship with the European Union, to which the Brexit negotiations will shortly turn. The degree to which the UK continues to pool its sovereignty with other European countries depends on the form of that relationship: how far, and on what issues, the UK continues to adhere to EU rules, align closely with them, or follow its own separate path. Theresa May set out her most detailed proposals yet in a speech at Mansion House on 2 March, advocating close alignment outside the structures of the EU Single Market and Customs Union. On 7 March, the President of the European Council, Donald Tusk, published draft guidelines for the EU’s position. As before, this emphasises ‘that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking.”’ What deal will emerge from the negotiations is entirely unclear.

The government’s preferred path will face stiff resistance in parliament too. In late February Jeremy Corbyn signalled that Labour wants a UK–EU customs union (an issue also central to the conclusions reached by the Citizens’ Assembly on Brexit). Consequently the government now risks defeat on an amendment to the Trade Bill pursuing the same objective, tabled by Conservative backbencher Anna Soubry. Beyond that, an amendment to the EU (Withdrawal) Bill passed in the House of Commons in December guarantees that the deal between the UK and the EU agreed through the Brexit negotiations will need to be endorsed by an Act of Parliament in the UK. Brexit’s opponents are increasingly vocal and organised, and occupy a strong position in Westminster. The odds remain that Brexit will happen, but that isn’t guaranteed. Continue reading