A Guide to the Reform of the House of Lords (originally published on Respublica's Disraeli Room on 16th January 2012)

The composition of the upper house of Parliament has been under question for some time and yet still the question has not been answered.  There have been piecemeal reforms, such as the passing of the two Parliament Acts, the introduction of Life Peers and the removal of the vast majority of hereditary peers, but still the questions are asked.  The Coalition Government has now published a draft House of Lords Reform Bill.

Current Composition

The vast majority of peers are now life peers.  The total number of members of the House of Lords is 788 active members.  This number is divided into 26 Lords Spiritual (Bishops of the Church of England) and the remaining 762 are Lords Temporal.  Of the Lords Temporal there are 92 hereditary peers who have inherited their seats to the Lords and the remainder are life peers, whose seats are removed at their death.

There has been a dramatic increase in the number of life peers under the current Coalition Government.  Since May 2010 there have been 117 peerages created.

There is a mechanism for replacing hereditaries when they pass away.  A by-election is held among the hereditaries (both those sitting and those who have lost their automatic right to sit voting).  The winner replaces his deceased colleague.

History

The House of Lords is the upper house of Parliament and originally was only composed of Lords Spiritual (the bishops) and the Lords Temporal (senior aristocrats).  It emerged in a recognisable form during the Fourteenth Century.  Historically it was more powerful than the Commons, whose members represented the interests of the shires and boroughs.

Under the Commonwealth of Oliver Cromwell, along with the Monarchy the House of Lords was abolished.  With the Restoration of Monarchy and Lords a more gradual evolution took place, which saw the diminishing of the power of the Lords and the growth in the power of the Commons.

In the early Twentieth Century the Commons cemented its supremacy with the passing of the 1911 Parliament Act.  This legislation was in response to the landed interest represented in the Lords resisting the Liberal Government’s Budget, which included a heavy tax on the landed interest.  Under the threat of the Lords being flooded with new Liberal peers, the Lords gave way and accepted the Parliament Act.

Parliament Acts 1911 and 1949

Money bills to become law automatically if not passed by the Lords within one month.

Other bills can be forced through the Lords if rejected three times (provided two years had passed since the Second reading).

This time was to be shortened to two sessions by the Parliament Act 1949.

Further reforms have also affected the Lords.  Life peers were created by the Life Peerages Act 1958.  The House of Lords Act 1999 took away the right of most hereditaries to sit in the house, with only 92 allowed to remain until an obscure second stage of reform took place.

The Law Lords lost their place in the Lords and the Lord Chancellor his role as speaker of the House as a result of the Constitutional Reform Act 2005.  As a result the House of Lords is no longer the highest court in the land.  Many of these changes were criticised for having no overall purpose and unpicking the constitutional settlement.

Role of the Lords

The role of the Lords, like that of many British institutions, has evolved rather than been planned.  It has not had its role determined by experts sitting down and working out what it should be; rather it has filled the necessary gaps and provided the function of a revising chamber filled with experts, senior politicians and spiritual and legal leaders.

It sees its purpose as enabling the Commons to think again.  It has no right to override the supremacy of the Commons, but it generally achieves its purpose of considering issues away from the heat of partisan debate with more independence of thought and expertise.  The question therefore left begging is why change it?

Current Proposals

To an extent the argument for reform is that the need has arisen almost by accident.  A system that worked well has been unpicked almost in a fit of absence of mind as New Labour tinkered with the constitution to suit its short-term political needs.

Therefore the scenario presents itself as to what should this second stage of reform be?  The Government itself in its draft bill has left many options open.

It is proposed to have either an 80% elected or a 100% elected Upper Chamber.  Peers would be elected for fifteen year terms and be unable to stand again.  If the 80% option is chosen twelve of the current 26 Lords Spiritual would remain.  With the 100% option they would all be lost.

The case for reform is that Great Britain’s bicameral system is unusual in that it is unelected.  It is also argued that an elected Lords would have more legitimacy and therefore be better able to hold the Commons to account.

The dangers of reform are that the House becomes more partisan, loses its expert and spiritual elements, is made up of politicians who could not make it into the Commons and that it challenges the supremacy of the Commons (the flipside of the argument for an elected chamber).

When embarking upon constitutional reform it is vital that debate is considered and informed.  As the Commons makes up its mind on the 80% or 100% option it must ask the question: What is the purpose of the Lords?  We do not have a written constitution and rather like the Monarchy, the role of the Lords has evolved.  Therefore MPs must look at the current situation to see what the Lords actually does and then ask themselves will current reforms enhance that role or diminish it.  In essence, through evolution, the Lords has become a revising expert chamber, with a strong spiritual and legal input.  Will 80% or 100% elected peers further this equilibrium or hinder it?

- See more at: http://www.respublica.org.uk/item/A-Guide-to-the-Reform-of-the-House-of-Lords

The Point of the Lords Spiritual (originally published on Respublica's Disraeli Room on 29th March 2012)

The bishops in the Lords have in recent years become far more active, the intention being to demonstrate that they do have a vital role in the constitution. Government proposals involve two options, one to retain twelve of the twenty-six bishops and the other to expel them altogether.

Writing for ResPublica’s essay collection on Lords Reform “Our House: Reflections on Representation and Reform in the House of Lords”, the Bishop of Leicester, the Convenor of the Lords Spiritual, has argued that they are representative of the regions, with church parishes across the nation. In a Parliament that is very focused on London, they bring a regional and localist perspective that should be welcomed; surely this is an example of localism embedded into the constitution. The bishops are more representative of the whole of Britain than MPs and peers. The argument made by some, such as Theos, that more specialised, political Lords Spiritual, less focused on the diocese, would diminish that “rootedness” in the regions.

Furthermore the interests that they represent are those of the voluntary sector so vital to civil society. If British society is to be reinvigorated by turning more to the little platoons that make up the Big Society, the leaders of the faith groups, which make up such a strong part of that Big Society, must have a place. So why remove them from the role in the legislature that our history has given them?

Reform Proposals and the Dangers of a Reductive Policy of Equality

The presence of Church of England Bishops is often criticised as discriminating against other faiths and humanists. But the Church of England itself is on record as not opposing in principle other denominations or faith groups having appointees on the Bishops’ Bench. Just as for historic reasons Church of England Bishops sit in the Lords, so for historic reasons representatives of the established Church of Scotland never sat in the Upper House. History has presented us with the House of Lords as it is and has given us the Lords Spiritual who fulfill a useful role.

Furthermore, while there are no rabbis and no imams in the Lords ex officio (it must be remembered that the mechanism of creating a life peerage remains for luminaries of other religious traditions), it would seem to be cutting one’s nose off to spite one’s face to expel bishops simply in adherence to an abstract theory of equality. No one would gain, but all denominations and faiths would be the losers. Other faith groups generally welcome the contribution the bishops make (as can be seen by the contributions of faith leaders to the Joint Committee). It is not straightforward practically to select representatives of other faiths acceptable to all strands of those faiths, but, there are very specific and strong reasons why the Anglican leaders should have a place in the Lords – they represent the established church, they have been there historically and they can bring a spiritual dimension to debate that is welcomed by other faith groups.

But aren’t they out of touch?

In a study for its report “Coming off the Bench”, Theos found that the bishops had been voting and attending debates more often in recent days, but that they rarely voted en bloc and seemed to see their role as one of witness rather than to alter the course of legislation. For example on welfare reform, the bishops have been more willing to speak out and vote. This has been welcomed by some, but strongly criticized by those who feel popular government policies are being delayed.

However, whether one agrees with the bishops on the specifics of a particular issue, their role in the House of Lords cannot be to follow the short-term opinion polls. They are not elected and must therefore be there to come at matters from another angle than the current fashion of opinion. If the role of the Upper House overall is to give the Commons the opportunity to think again, the role of the Lords Spiritual is surely to enable that reflection to take place informed by a spiritual and Christian angle.

Not only Leaders of the Established Church

Our stable and evolved constitution has provided us with an Upper House made up of bishops in addition to peers. Is it right that the bishops should have a say because they lead the national Christian church? As the established Church, the Church of England is there for everyone, not just those who can recite the Nicean Creed. According to the Church of England, three out of ten people in England regard themselves as being Anglican and six out of ten regard themselves as Christian.

But there is much more to their role than this: The bishops do not just speak for the Church of England and are there by right as Lords Spiritual not Church of England delegates. Not only do the Lords Spiritual keep Christianity in the public square, they represent the concerns of other faith groups and even non-faith groups. The Bishops represent a great diversity of groups, in particular civic society and the local regions; they are not simply speaking for the established church. They ensure more than a short-termist, secularist or populist view dominates debate. This is to the benefit of the nation, whether we always agree with what they say or not.

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- See more at: http://www.respublica.org.uk/item/The-Point-of-the-Lords-Spiritual