Lords Reform: Some Inconvenient Truths

The failure of the Coalition government's attempt to reform the House of Lords has by no means taken further reform off the political agenda. The commitment to installing an elected upper chamber is still widely shared across the political spectrum, on the basis of perceptions that the House of Lords lacks democratic legitimacy. Against this view, this article considers recent literature upon non‐electoral representation, deliberative democracy and bicameralism, which together highlight the possibility of an unelected second chamber playing a legitimate role within a wider (democratic) system of government. The article then considers the House of Lords from this perspective, reflecting on changes in the upper chamber since the 1999 reforms and evaluating its role within the wider political system. The paper concludes by suggesting that political debate should focus upon small‐scale reforms to ensure that the Lords becomes more effective, representative and legitimate, within the constraints of its present role.     

The House of Lords: A Deliberative Democratic Defence

This article defends the idea of an appointed House of Lords using deliberative democratic theory. The analysis suggests that while one might well think that current appointment procedures leave much to be desired, a reformed but still appointed House of Lords would be better at maximising the deliberative democratic qualities of inclusiveness and the scrutiny of arguments than a fully elected one; indeed, that election might do actual damage. It suggests that the debate thus far has been focused too narrowly on an outdated account of democracy, and too narrowly on the peculiarities of the House of Lords in isolation from its institutional context.     

House of Lords decision in South African boycott case

Leicester City Council was acting unlawfully when it banned Leicester Football Club from using a municipal recreation ground.     

The Coming of Parliamentary Television: The Lords and the Senate Compared

Subscribing to a Burkean view of representation, legislators have long tended to resist constant public scrutiny. In recent years, however, they have overcome this reluctance in a large number of countries and voted to allow the televising of their proceedings. But why they did so remains a mystery. Some media theorists argue that television exposure is a 'great democratizer'. It demystifies public authority figures and obliges them to become more accountable for their actions. The experience of the British House of Lords and the United States Senate suggests instead that television was invited in by rational political actors as a means of achieving their goals in a time of change. In this view, television is best seen not as a force in its own right, but as a medium of communication that can be strategically deployed by goal-oriented political élites responding to different political circumstances and institutional incentive structures.     

A Proposal for Simultaneous Reform of the House of Commons and House of Lords

The disproportional electoral system of the House of Commons is increasingly contested, while the undemocratic composition of the House of Lords has been criticised for a century. I first argue that simultaneous reform of both chambers creates the opportunity for far more optimal outcomes than possible under attempts to reform just one chamber. I then argue that bicameralism should continue so that the UK can be represented in two, currently convoluted, ways: as a singular polity in partisan terms and as both an aggregate of constituencies and union of nations, in geographic terms. The former would best take place in a reformed House of Commons, responsible for government formation, and composed of around 300 MPs elected by ‘pure’ proportional representation. The latter would best take place in a reformed House of Lords of around 300 peers, elected by plurality voting from single-member constituencies. Together, these reforms would improve governance, representation, legitimacy, accountability and the robustness of the union, while retaining celebrated facets of the status quo such as simplicity and the direct constituency link.     

Doctrine and Decision: Navigating Labour's New Constitutional Position in the Lords

The 2015–17 Parliament was the first time in history that the Conservatives were in government with no easily assembled majority in the House of Lords. This has fundamentally altered the role that Labour is able to play in the Lords and, conversely, that peers are able to play in the Labour party. Yet the political significance of this situation has not yet been fully appreciated by a party which remains culturally antagonistic and constitutionally wary of the Lords. In this paper, we draw on interviews with Labour peers, particularly the late Baroness Hollis of Heigham, who have been able to use the essentially conservative powers of the Lords for social democratic ends. We suggest that the Labour party needs to incorporate the second chamber into both its practical and symbolic politics, and to find ways to use this new source of constitutional power without accommodating to it.     

Peers' Careers: Ministers in the House of Lords, 1964–95

Ministers in the Lords are an important and overlooked part of the British executive. This article examines who they are, what careers they have, and speculates about careers in a reformed upper chamber. It finds intra-party differences in the type of peer employed as ministers and in previous education but not (greatly) in previous occupation, concluding that ministers in the Lords remain part of a social élite. The effect of gender is also examined. It examines career paths, finding the development of an apprenticeship system and a glass ceiling which has led to recruitment problems for the Government. Labour's plans for reform, and the consequences for executive recruitment, are also considered.     

The House of Lords: The Working of the Electoral Process in the 1999 Act of Parliament

This article investigates the working of the 1999 Act of Parliament in relation to the electoral process. One of the more controversial measures in the 1999 Act was the preservation of the representation of the hereditary element in the House of Lords. In the 2007-2008 session of Parliament, Lord Avebury introduced the House of Lords (Amendment) Bill, to repeal this electoral process, and Lord (David) Steel of Aikwood introduced the House of Lords Bill, which had provisions to the same effect as Lord Avebury's Bill. The working of this electoral process is therefore likely to be a topic of debate in the 2008-2009 session of the House of Lords. We suggest that there are three possible options to deal with the likely future issues for this electoral process. These we present as a contribution to a wider debate on the way forward for this constitutional issue.     

Elected or Selected? The Continuing Constitutional Conundrum of House of Lords Reform

The 1911 Parliament Act decreed that Lords reform was ‘an urgent question which brooks no delay’, yet the subsequent 112 years have witnessed only sporadic and inchoate reforms. The issue has invariably suffered both from interparty disagreement between the Conservatives and Labour and, more importantly, intraparty disagreements owing to the divergent views and irreconcilable disagreements among Labour MPs over ‘what is to be done?’, and recognition that any reform which enhanced the legitimacy of the second chamber would threaten the pre-eminence of the House of Commons and a Labour government therein. A similar fate is likely to befall the Labour Party's latest proposal for replacing the current House of Lords with an elected second chamber. Meanwhile, the Conservative peer, Lord Norton, is seeking to place the House of Lords Appointments Commission (HOLAC) on a statutory basis and impose stricter criteria on prime ministerial nominations for peerages. Yet, this would still leave any Prime Minister with considerable powers of patronage in appointing members of the second chamber. This article therefore suggests that a Prime Minister should only be permitted to nominate 20 per cent of the membership, with the rest appointed via HOLAC itself, thereby depoliticising the process as far as practicably possible, and imbuing it with greater public trust.