Monday 20 June 2011

Lords Reform

Plans are set and work is underway towards a reform of the House of Lords. The reforms advocated are very firmly democratic, seeking to ensure a representative elected upper chamber in the UK parliament. The main aspects of the proposals so far as put forward by Deputy PM Mr Clegg (2011) are:
+ to reduce the number of members in the lords to 300;
+ to be composed of at least 80% elected members;
+ and for members to sit for a single term of three parliaments (or 15 years), with a third to be elected every five years;
For any supporters of democracy it is a move to be welcomed. However there have been some legitimate issues raised in opposition to creating a second elected chamber, pointing to constitutional issues that may arise as a result (BBC, 2011). Particularly there is a concern that reform of the Lords could renew constitutional struggles that where settled by the Parliament Acts in 1911 & 1949.

The 1975 Australian constitutional crisis was demonstrative of the kind of issues some worry may arise from neither house being definitively more accountable to the people than the other. In a two-chamber system like that of Germany, this wouldn't be an issue. However in our Westminster System, we use Responsible Government. That means that the government is chosen from and sits in the most representative chamber and is accountable to that chamber. If the Lords is no longer less accountable than the commons, the supremacy of the commons enshrined in the Parliament Acts can be called into question.

There is no indication thus far though that there are plans to alter either the Parliament Acts of 1911 & 1949, which enshrined the supremacy of the Commons and prevents the upper house from unduly blocking so-called 'money bills'; or the Salisbury Convention. So fear for a struggle over which house the government is called from seems to be unfounded. This does not address concerns however that reforms may just to create an elected upper chamber that is still as powerless as before.

That's not just a British issue either. In another parallel between Canadian & British politics, Canada finds itself in the midst of a related debate. In Canada the options are between reform of its upper house, the Senate, or the abolition of it (Payton, 2011). From senior politicians (CBC, 2011), to the media (Hepburn, 2011), to bloggers (Canada, eh?, 2009) the matter is one that has dragged on over several years with a swell of support for abolishing an institution seen as powerless that reform will not reinvigorate.

Whatever the solution Lords reform will not be easy. It is a sore issue that has long plagued the UK parliament. At the Diamond Jubilee Naval Review in 1897, while on board the colossal ship 'Campania' which carried the commons members in the wake of the much smaller 'Danube' carrying the Lords (Massie, 1992); Radical MP Mr John Burns suggested with a smile that if the Master of the 'Campania' would only:
'increase speed, many constitutional questions between commons and lords would be settled permanently'
    It might be hoped that a more peaceable solution can be arrived at. The key thoughts in developing reform of the Lords are:
    + that the upper house must have a clear purpose & powers;
    + that it must have a clear relationship to the government;
    + and that it must be democratic & representative.
    If these stipulations are met, a revamped Lords could add a useful new dynamic to British politics. If not we could well be better of just removing it all together and saving the nation some money.

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    References:
    ==========
    + Nick Clegg's 'Green government, reforming government: the liberal influence'; 17th May 2011;

    + BBC's 'Clegg unveils plans for elected House of Lords'; 17th May 2011;

    + Parliament Act 1911;

    + Laura Payton's 'Hold referendum on Senate's fate: NDP'; 1st March 2011;

    + CBC's 'Don't reform Senate, abolish it: Ontario premier'; 31st May 2011;

    + Bob Hepburn's 'Abolish the Senate instead of trying to reform it'; 28th January 2011;

    + Canada, eh?'s 'Why not abolish the Canadian Senate?'; 28th August 2009;

    + Robert K Massie's 'Dreadnought: Britain, Germany & the Coming of the Great War'; Jonathan Cape, 1992.

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