Reform of the House of Lords

For almost a century, governments in the United Kingdom have attempted to find a way to undertake a comprehensive reform of the House of Lords, which is the upper house of the Parliament of the United Kingdom. This process was started by the Parliament Act 1911 which stated:

When the Labour Party came to power in the 1997 general election, it had in its manifesto the promise to reform the House of Lords:On 7 November 2001 the government undertook a public consultation.cite web
url=http://www.dca.gov.uk/constitution/holref/index.htm
title=The House of Lords Completing the Reform; A Government White Paper Presented to Parliament by the Prime Minister|date=2001-11-07 |accessdate=2008-05-21] This helped to create an unprecedentedFact|date=May 2008 public debate on the issue of Lords reform, with 1101 consultation responses [cite web
url=http://www.dca.gov.uk/constitution/holref/holrefresp/index.htm
title=The House of Lords Completing the Reform; Consultation Responses|year=2002 |month=May |accessdate=2008-05-21] and numerous debates in Parliament and the media. Despite this huge level of interest in the issue, and a second public consultation, no consensus on the future of the upper chamber has yet emerged.

History of reform

Reform before 1997

Powers as of 1997 Election

Originally, the two Houses of Parliament had equal legislative powers.Fact|date=May 2008 The agreement of both was necessary before a bill could be submitted to the Monarch for royal assent, which if granted made the bill an Act of Parliament. After the English Restoration, a constitutional convention arose that the House of Lords would defer to the House of Commons on measures to raise and spend money. The Parliament Act 1911 divided Bills into three classes.
# Money bills which, failing consent from the Lords within one month, could receive royal assent without it.
#Other bills on which the House of Lords could exercise a suspensory veto.
#On any bill extending the maximum term of the House of Commons beyond five years, the House of Lords retained equal legislative powers.

Together with the Parliament Act 1949, these two acts enable the Commons (in exceptional circumstance) to pass legislation without approval from the Lords but subject to certain time delays. In effect, they give the House of Lords the power to delay legislation but not to prevent it.Since 1911 there have been various attempts to reform the Lords, but none tackled the powers of the House except the Parliament Act 1949 which reduced the suspensory veto to two sessions and one year. By the time of the 1997 general election there was still no consensus on comprehensive reform of the upper chamber of Parliaments.

Reform process since 1997

In 1999, the Government completed a deal with the Lords to remove most of the hereditary Peers and passed the House of Lords Act 1999 leaving amongst the majority of appointed Peers a rump of 92 Hereditary Peers until the second phase of reform was complete. These 92 were elected from within those who had had a right to be members of the House of Lords as a result of their hereditary status. This arrangement was intended to be purely temporary until the second stage of reform was completed. [cite web
url=http://www.publications.parliament.uk/pa/cm199899/cmhansrd/vo981202/debtext/81202-18.htm#81202-18_spnew3
title=HC Hansard, Vol 321 Col 874 |date=1998-12-02 |accessdate=2008-05-21|quote=Yes, we are certainly prepared to agree to a proposal that would allow us to remove the hereditary peers altogether, in two stages. We are perfectly prepared to agree that in the first stage one in 10 hereditaries stays, and in the second stage they go altogether.] This led to some claims (perhaps not all serious) that the elected Hereditary Lords were the only democratic members of the House.

Royal Commission

In 1999 a Royal Commission was appointed, under Baron Wakeham, to examine proposals for Lords Reform and make recommendations. It published its report (See Wakeham Reportcite web |url=http://www.archive.official-documents.co.uk/document/cm45/4534/4534.htm |title=A House for the Future; Royal Commission on the Reform of the House of Lords |accessdate=2008-05-21 |year=2000 |month=January |publisher=The Stationery Office] ) in 2000 with 132 recommendations of which the main were:
* It should have around 550 members of which 67, 87 or 195 should be elected.
* There should be an independent Appointments Commission responsible for all appointments.
* The new second chamber should have the capacity to offer counsel from a range of sources. It should be broadly representative of society in the United Kingdom at the beginning of the 21st century. It should work with the House of Commons to provide an effective check upon the Government. It should give the United Kingdom’s constituent nations and regions, for the first time, a formally constituted voice in the Westminster Parliament.
* The Commons should be the principal political forum, should have the final say in respect of all major public policy issues, including those expressed in the form of proposed legislation. The second chamber should have sufficient power, and the associated authority, to require the Government and the House of Commons to reconsider proposed legislation and take account of any cogent objections to it.
* The House of Lords should contain a substantial proportion of people who are not professional politicians, who have continuing experience in a range of different walks of life and who can bring a broad range of expertise to bear on issues of public concern. and representation of the reformed second chamber should match that of the country as expressed in votes cast at the most recent general election but it should not be capable of being dominated by any one political party and continue to include people who can help it to maintain a philosophical, moral or spiritual perspective on public policy issues.
* Possession of a peerage should no longer be a necessary qualification for membership
* Provisions should be in place to permit ministers to be drawn from the Upper House
* The upper House should ensure changes to constitution are not made without full and open debate and that there is increased scrutiny of secondary legislation
* The commission "could not recommend": a wholly or largely directly elected second chamber; indirect election from the devolved institutions (or local government electoral colleges) or from among British MEPs; random selection, or co-option.

In the debate in the House of Lords (7 March 2000), Baroness Jay expressed the Government's broad acceptance of the Commission's report:cquote|The Government accept the principles underlying the main elements of the Royal Commission's proposals on the future role and structure of this House, and will act on them. That is, we agree that the Second Chamber should clearly be subordinate, largely nominated but with a minority elected element and with a particular responsibility to represent the regions. We agree there should be a statutory appointments commission ... [cite web
url=http://www.publications.parliament.uk/pa/ld199900/ldhansrd/vo000307/text/00307-03.htm#00307-03_spmin1
title=HL Hansard, Vol 610 Col 912 |date=2000-03-07 |accessdate=2008-05-21] On 4 May 2000 the Prime Minister announced the membership of a non-statutory Appointments Commission; [cite web
url=http://www.publications.parliament.uk/pa/cm199900/cmhansrd/vo000504/text/00504w01.htm#00504w01.html_sbhd1
title=HC Hansard, Vol 349 Col 181W |date=2000-05-04 |accessdate=2008-05-21|quote=I have decided to appoint the following people, on the recommendation of the selection panel, as the independent Chairman and members of the Interim House of Lords Appointments Commission.] In the debate in the Commons on 19 June 2000 the Government announced the establishment of a Joint Committee of both Parliaments to consider the Royal Commission's work. [cite web
url=http://www.publications.parliament.uk/pa/cm199900/cmhansrd/vo000619/debtext/00619-16.htm
title=HC Hansard, Vol 352 Col 55 |date=2000-06-19 |accessdate=2008-05-21|quote=we suggested in the 1999 White Paper that a Joint Committee of both Houses would be a suitable means of considering the parliamentary aspects of the reform proposals. That is still our view.] But in a written reply on 6 March 2001 the Government stated there was little prospect of a Joint Committee being established in the present Parliament due to a failure of cross-party discussions. [cite web
url=http://www.publications.parliament.uk/pa/cm200001/cmhansrd/vo010306/text/10306w21.htm#10306w21.html_sbhd10
title=HC Hansard, Vol 364 Col 200W |date=2001-03-06 |accessdate=2008-05-21] On 26 April 2001 the Queen confirmed her intention to create 15 new non party-political members of the House of Lords termed "People's Peers". In the May 2001 general election, all three main parties included statements on House of Lords reform in their manifestos.

White paper and first consultation

On 7 November 2001, the government launched a white paper and consultation stating:

In the white paper, although the government said it "strongly endorsed" the Royal Commission's views, it listed its own proposals::
*The remaining 92 Hereditary Peers were to be removed, the number capped after 10 years at 600 and 120 members to be elected to represent the nations and the regions.
*It was to include a significant minority of independent members; Its political membership should be broadly representative of the main parties' relative voting strengths as reflected in the previous General Election; Membership was to be separated from the peerage which would continue as an honour; There should be increased representation of women and those from ethnic minority backgrounds; No group in society should in future have privileged hereditary access to the House; *The House of Lords would remain subject to the pre-eminence of the House of Commons in discharging its functions; Its principal function should continue to be to consider and revise legislation; to scrutinise the executive; and to debate and report on public issues;
*The statutory Appointments Commission would manage the balance and size of the House, appoint the independent members, and to assure the integrity of those nominated by political parties. ;First public consultationThe white paper invited comments from interested parties stating the government intending to introduce legislation "incorporating decisions on the issues raised in the consultation" and listed the following as the main points of consultation:
* The overall balance between elected, nominated and ex officio members, and the balance between political and independent members;
* Whether elections to the Lords should be linked to General Elections, those for the European Parliament, or over time linked to those from devolved and regional bodies within the UK;
* The length of term for elected members;
* The term of appointment;
* What grounds should lead to statutory expulsion from the House;
* Should there be a change from an expenses-based system of remuneration.

The result was that an unprecendedFact|date=February 2007 1101 submissions were made to the consultation and both the Conservative and Liberal Democrat parties published their own proposals during the consultation in January 2002. In May 2002, the Government published a statistical analysis. The Government proposed to establish a Joint Committee on House of Lords Reform to try to take matters forward and achieve a consensus [HC Hansard 12 May 2002, cols. 516-533] [HL Hansard 12 May 2002, cols. 12-23]

Votes of February 2003

On 11 December 2002 the Joint Committee published its first report ["House of Lords Refrom: First Report (HL 17, 2002-03)] which set out "an inclusive range of seven options for the composition of a reformed House of Lords". In January 2003, the House of Lords and Commons debated the report. The debate in the Lords was dominated by contributors arguing for a fully appointed House so much so that Lord Irvine stated:And, on 29 January 2003 Tony Blair, the Prime Minister, added his own support to a fully appointed House by arguing against the creation of a hybrid House. [HC Hansard, 29 January 2003, cols. 877-78] On 4 February 2003, the Commons and House of Lords voted on the seven options proposed by the joint committee and the Commons also voted on an amendment to abolish the upper House completely:

After this series of votes where the Commons failed to back a single option and the Lords only a fully appointed House, Robin Cook the leader of the Commons said:

With widely differing views in the Joint Committee, its report on 9 May 2003 effectively passed the initiative back to the Government. But nine members of the Joint Committee issued a statement coinciding with the publication which stated:

Creation of Department for Constitutional Affairs In June 2003, Tony Blair announced the creation of a new department to oversee constitutional change with Lord Falconer as its first Secretary of State. The department was tasked with:
* Establishment of an independent Judicial Appointments Commission.
* Creation of a new Supreme Court to replace the existing system of Law Lords operating as a committee of the House of Lords.
* Reform of the Speakership of the House of Lords.
* New arrangements for the conduct of Scottish and Welsh business.

When in 2003 Lord Falconer signalled the governments preference for an all appointed House of Lords, three members of the Liberal Democrats issued a statement:

econd public consultation

In September 2003, the Department of Constitutional Affairs issued "Constitutional Reform: Next Steps for the House of Lords", which gave as its main proposals:
*A fully Appointed House of Lords
*Removal of the remaining 92 Hereditary Peers
*Establishment of a statutory independent Appointments Commission accountable to Parliament which would determine numbers and timings of appointments, select independent members of the House to oversee party nominationsThe paper also started a second consultation, on the Appointments Commission for the House of Lords requesting submissions on how the Appointments Commission itself would be appointed, even though no other alternatives to an appointed Commission had been considered. Reaction to the paper was hostile: for example, Lord Goodhart, the Liberal Democrat spokesperson on Constitutional Affairs, said "the overwhelming reaction I have is a feeling of contempt and betrayal." [HL Hansard, 18 September 2003] On 18 March 2004 (before the statistical analysis had been published), the BBC reported [BBC News, 'Blair puts Lords reform on hold' 19 March 2004 http://news.bbc.co.uk/1/hi/uk_politics/3524834.stm] that the government would not proceed with legislation to enact the proposals in the consultation. Although this suggested a lack of support for their proposals from the consultation, when the statistical analysis was published on 22 April 2004 the report stated that on the main issue (2a):

With such an apparently high level of support, it is unclear why the government choose not to proceed. The only insight available is unofficial reports putting the actual level of support at closer to third.

Moreover, as the government published most of the responses to both consultations, it is possible to see that many of these responses were highly critical of both the Government's proposal and the consultation process; some even went on to complain that the UK government breached its own code of conduct for consultations by failing to mention many of the new ideas arising from both consultations.

In the 2005 general election, all three parties included statements on reform of the House of Lords in their manifestos with the Conservatives and Liberal Democrats promising "substantially"/"predominantly" elected Chambers. In December 2005, the Constitution Unit, part of the University College of London's School of Public Policy, released research findings showing "surprising levels of support from MPs and the public for the Lords to vote down government proposals":

2006 discussions

In March 2006, the House of Lords reform was again under discussion. This new interest resulted from the Cash for Peerages affair together with recent attempts by the Lords to block, water down (or add safeguards to, according to viewpoint), recent controversial legislation such as the Anti-terrorism, Crime and Security Act 2001, Hunting Act 2004, Terrorism Bill 2005, the Identity Cards Bill 2005, and the Racial and Religious Hatred Act 2006.Following the failure of the previous public consultations, to endorse the Government's proposals for reform, in April 2006, Baroness Amos announced the government would now "consult privately" with the other main political parties on the membership of the House. [HL Hansard, 25 April 2006, cols 91-92]

In the UK Cabinet reshuffle, May 2006 on 5 May 2006, governmental responsibility for this topic was transferred from Lord Falconer the Secretary of State for Constitutional Affairs and Lord Chancellor to (Jack Straw) the Leader of the House of Commons.

Jack Straw now faced an enormous challenge. Although seen as very modest reforms, the removal of most Hereditary Peers and rebalancing of the political make up of the House (Labour Peers now formed the largest political party) were making the House increasingly confident of its own legitimacy. Paradoxically, far from making the Lords more submissive, more and more the House of Lords was willing to be assertive in its actions and confront the government. [Dr Meg Russell & Maria Sciara, The House of Lords in 2005: A more representative and more assertive chamber]

Public opinion

On 22 January 2007 the Power Inquiry [ [http://www.makeitanissue.org.uk/2007/01/7_in_10_think_ordinary_citizen.php www.makeitanissue.org.uk: 7 in 10 think ordinary citizens should decide on democratic reform ] ] launched a campaign for greater citizen involvement and provided statistics showing that 68% of the public felt a jury of the general public should decide "the future of the House of Lords," 17% thought elected politicians should decide and 9% appointed Civil servants.

2007 white paper

On 8 February 2007, the Government published a new white paper [ [http://www.official-documents.gov.uk/document/cm70/7027/7027.pdf The House of Lords: Reform Cm 7027 ] ] following discussions of a cross-party working group convened by Jack Straw, Leader of the House of Commons. The consensus position adopted by the paper called for a House composed of elected members and members appointed by a new Statutory Appointments Commission. The new Commission would select non-party-political appointees; party-political appointees would be nominated by party leaders in the House of Commons and vetted by the Commission.

Any elected element would be elected under a regional list system. All elections and appointments would take place on a five-year cycle, with one third of the House admitted at each intake to a fixed fifteen-year term; this term would be non-renewable, to ensure members' independence. A further measure would prohibit former members of the reformed House from seeking election to the House of Commons before a minimum amount of time had elapsed after the expiry of their term in the reformed House - the Government suggested five years. The aim of this measure was to prevent aspiring politicians from using the reformed House as a base to launch a Parliamentary career. The Government proposed that elections and appointments should be held on the same day as elections for Britain's Members of the European Parliament - which also take place on a fixed five-year cycle.

Whilst the white paper made recommendations for a half-elected, half-appointed House, it proposed a free vote of MPs among seven options as to composition (see below). The white paper also recommended that at least 20% of members be non-party-political appointees: for example, under the white paper's proposal of a 50-50 split between elected and appointed members, the remaining 30% appointed members would be party political; under the 80%-20% elected/appointed option, there would be no party-political appointees. The 20% non-party-political element would include a reduced number of Church of England bishops, whose appointment would not go through the Statutory Appointments Commission. The total size of the House was proposed to be 540 members - with 180 introduced at each intake.

The paper provided for a gradual transition, with no life peers forced to retire before death, but with the possibility of a redundancy package should they choose to do so. The remaining hereditary peers would be removed, but the white paper left open whether they would be removed at one stroke or allowed a gradual removal by 'natural wastage'. The link between the peerage and membership of the House would be broken: peerages could still potentially be awarded as an honour, but would neither entail nor follow automatically from a seat in the House. The question of a possible new name for the reformed House was left open.

The white paper also proposed avoiding the risk of all options being rejected, as had occurred in the 2003 debate, by using the Alternative Vote system. [At least one news service, Channel 4 News, incorrectly referred to the proposed system as "proportional representation". The Alternative Vote is a form of preferential voting, but, as it only involves electing a single winning candidate or option, it is not a form of proportional representation.] Using the Alternative Vote for legislative proposals would have been a precedent for the UK Parliament. Resistance by Members on all sides of the House of Commons caused Leader of the House of Commons Jack Straw to drop this proposal on 19 February. The free vote was therefore held under traditional Parliamentary procedures.

Votes of March 2007

In March 2007 the Houses of Commons and Lords debated the proposals in the 2007 white paper and voted on a similar series of motions to those voted on in 2003. Unexpectedly, the House of Commons voted by a large majority for an all-elected Upper House. [cite news |url=http://news.bbc.co.uk/1/hi/uk_politics/6420965.stm|title=MPs back all-elected Lords plan|work=BBC News|publisher=British Broadcasting Corporation|location=London|date=2007-03-07|accessdate=2008-05-25] One week later, the House of Lords retorted by voting for an all-appointed House by a larger majority. [cite news |url=http://news.bbc.co.uk/1/hi/uk_politics/6446887.stm|title=Peers reject Lords reform plans|work=BBC News|publisher=British Broadcasting Corporation|location=London|date=2007-03-14|accessdate=2008-05-25]

After the Commons vote, it was speculated by political commentators that some MPs supporting a fully appointed House had voted tactically for a fully elected House as the option likely to be least acceptable to the House of Lords. [cite news |last=Assinder|first=Nick |url=http://news.bbc.co.uk/1/hi/uk_politics/6449747.stm|title=Where now for Lords reform?|work=BBC News|publisher=British Broadcasting Corporation|location=London|date=2007-03-14 |accessdate=2008-05-25] This called into question the significance of the larger majority achieved for 100% elected than that achieved for 80% elected. However, examination of the names of MPs voting at each division in the Commons shows that, of the 305 who voted for the 80% elected option, 211 went on to vote for the 100% elected option. Given that this vote took place after the vote on 80% – whose result was already known when the vote on 100% took place – this shows a clear preference in the Commons for a fully elected Upper House over the only other option that passed, since any MP who favoured 80% over 100% would have voted against the latter motion, having already secured their preferred outcome (76 MPs – including Jack Straw, his shadow Theresa May and Opposition Leader David Cameron – did exactly that). Had all the votes been held in the contrary order, those 211 would have voted against the 80% motion, which would consequently have fallen.Fact|date=November 2007

There was strong opinion about the votes. Lord McNally, the Liberal Democrat leader in the Lords said the Lords' decision

Prior to the debate Lord Lipsey, former Economics Editor of the Sunday Times, estimated the cost of the plans in the white paper at £1.092 billion over a 15 year term. [http://www.dailyecho.co.uk/news/national_news/index.var.49178.0.lords_reform_to_cost_1_billion.php Lords reform to cost £1 billion, Daily Echo] ] The government dismissed this as "back-of-an-envelope calculations" [ [http://news.bbc.co.uk/1/hi/uk_politics/6420965.stm MPs back all-elected Lords plan, BBC] ] and Jack Straw told the House of Commons that

("Other place" is Commons jargon for the House of Lords.) In response Lord Lipsey accused Jack Straw of misleading the House of Commons:

On 15 March Lord Steel published a [http://www.publications.parliament.uk/pa/ld200607/ldbills/052/2007052.pdf proposed bill] approved by a large meeting of peers and MPs of all parties who had been working on these proposals for some time with proposals for four reforms [ [http://www.publications.parliament.uk/pa/ld200607/ldbills/052/2007052.pdf Press release] , Lord Steel, 15 March 2007] :
#End the by-elections for hereditary peers and turn the remaining ones into de facto life peers and finally end hereditary entry into our Upper House.
#Create a Statutory Appointments Commission to replace Prime Ministerial patronage for new peers.
#Authorise the government to proceed with a retirement package which should reduce the average age and decrease the present House of 740 by possibly 200.
#Enable peerages to be removed from those guilty of serious offences on the same basis as the Commons.

The Brown Premiership

On 19 July 2007 Jack Straw in his new position of Justice Secretary in the cabinet of Gordon Brown announced that "The Government is determined to proceed with this programme of reform with a view to its completion." [ [http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=469566&in_page_id=1770 Labour to push ahead with Lords reform plan] , Daily Mail, 19 July 2007] Jack Straw also stated that the powers of the chamber, the method of election, financial packages and the number of members will (yet again) be discussed by a cross-party working group. The opposition's response was to suggest that "the real message in your statement today [is] that Lords reform is on ice until after the next election". [Commons Hansard, 19 July 2007, col. 451]

On 14 May 2008 Gordon Brown announced that the government intends to publish a new white paper on lords reform. [cite web
url=http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080514/debtext/80514-0004.htm
title=HC Hansard, Vol 475 No 94 Col 1389 |date=2008-05-14 |accessdate=2008-05-23]

The range of options

"Central to the future House of Lords is its composition. For the Lords to act with legitimacy as an effective and balanced second chamber, it must have the right form to deliver the range of roles and functions it needs".Modernising Parliament, Reforming the House of Lords, HMSO, December 1998] With 1101 submissions to the first consultation, several hundred to the second and many articles in the newspapers and various discussions, there were many different views on reform of the House of Lords. It is only possible to give a broad outline of the many different proposals and even then only those where the proposals were mentioned by a number of respondents.

"Proposals are listed alphabetically"

Abolition

Many legislatures, such as the parliaments of Sweden, Denmark and New Zealand (and within the UK, the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly) are unicameral, and do not have an upper house. Instead, scrutiny is carried out by parliamentary committees. A substantial minority of MPs voted for the outright abolition of the upper house in 2003, and it was Labour party policy until the late 1980s.

During the 2007 debates in the Lords, it was suggested by one Lord that the then relative strength of the Commons was close to a unicameral system.Fact|date=September 2007

Allotment/sortition

There was a considerable number of proposals in the consultation for an Upper House chosen by allotment (selection by lot). Proposals varied from a House chosen completely at random from the whole electorate to those where allotment was applied to smaller groups such as those volunteering or those selected in another way. Most proposals referred to the allotment of the governing juries in the original democracy in Ancient Greece, where selection by lot was considered to be more democratic than election:However, at present within the UK, this form of selection is mainly restricted to the allotment of jurors. Opposition is based either on the practical need for some expertise amongst members of the upper chamber or on a belief that "Democracy means an elected second chamber".Benn, T., Democracy means an elected second chamber, SCGN December 1999 no.149 ]

Appointment

The reason that the UK almost uniquely (except for Canada) still retained an appointed second chamber in 1997 was that it was widely accepted that it worked effectively. In particular the large number of cross bench peers would be impossible to achieve in most electoral systems.

Those supporting a fully appointed House reject the idea of a composite partly elected, party appointed House:

The main issues are:
* achieving a range of representation, bringing in those with skills and experience, allowing "ex officio" members and ensuring a continuity of membership;
* maintaining the status and independence of the Lords without endangering the supremacy of the Commons;
* maintaining the low cost of the present House; and
* preventing the possibility of a constitutional clash between appointed and elected members.

Combination

By far the most commonly suggested proposal for reform amongst politicians is a combination of an elected and appointed House and this was the original proposal recommended by the Wakeham Report. Proponents suggest the combination would allow an appointed element to retain the skills and experience of the present House and elections would make it democratic without the problems of being fully elected which would allow the Upper House to challenge the primacy of the Commons. Opponents say that the two types of members will inevitably conflict, voting for part of the House will have little support amongst an already sceptical electorate, and the lack of synergy will make it worse than either a fully elected or fully appointed house. Various proposals on the exact percentage of those elected and appointed have been produced:
* In January 2002, the Conservatives unveiled plans for a 300 member "Senate", with 240 members elected by first past the post for 15 years. [Conservative Party Press Notice: 'Conservatives call for a new elected Senate']
* The Elect the Lords campaign set up by New Politics Network and Charter88 supports a predominantly elected second chamber.
* In 2005, a cross party group of MPs chaired by Paul Tyler consisting of Ken Clarke, Robin Cook, Dr Tony Wright and Sir George Young proposed a 70% elected second chamber, elected in thirds at each general election using the single transferable vote. This proposal was largely adopted by the Power Commission.

Democratic appointments

Under this proposal, a jury would appoint some or all members of the chamber so retaining the skills and experience of the present House and also making its selection more democratichttp://www.allot.org.uk/] ; the jury being considered to give democratic legitimacy to the appointments without the problems of mandating the House through elections which might lead to a potential conflict with the Commons. It was a minority "grass roots option" not seen before the second consultation where it was supported by around 10% of submissions.

Election

Many countries have directly elected Upper Chambers but they try to make their electoral systems for the second chamber as distinct as possible from the first chamber by holding elections on a different cycle or electing only a proportion of members on each occasion. Although politicians such as Tony Benn maintain that elections are necessary to be democratic: "Democracy means an elected second chamber", few seriously maintain that in a democracy all institutions including judges and juries should be elected, or, for example, that the election of the Hereditary peers makes them democratic.

According to the Government report, the advantages of an elected Upper House are:
*Legitimacy: There can be no doubt about the democratic mandate of an elected body.
*Status of members: Membership of the second chamber would be seen as a job with specific and important duties attached.
*Representation: All parts of the country and all shades of political opinion could be represented.
*Age: An elected House is likely to have more younger people in it than a nominated one.
*Entrenched bicameralism: It is an unequivocal sign the Government was committed to a bicameral legislature.

The main disadvantages are:
*Conflict with the House of Commons: It may challenge the supremacy of the Commons on the strength of its own electoral mandate - a conflict that may be difficult to resolve given the largely unwritten constitution of the UK.
*Loss of independents and ex officio membership: It would be virtually impossible to retain any independent, non-party element in the House.
*Transitional difficulties: The transition to a fully elected House would be most disruptive.
*Higher costs: Elections, proper salaries and research facilities would considerably increase the costs, estimated at £1.092 billion over a 15 year term,.

Many submissions from the public rejected the notion that an elected Upper House would be democratic, basing their assertion on the model of the Athenian democracy which did not elect either the Upper House or assembly. (The Athenian Upper House was a court allotted from all citizens, any citizen was able to attend the assembly)

The main variation between proposals for an elected Upper House is the form of election:
* Most proponents support a system of Proportional Representation
* The Conservatives have called for the second chamber to be elected by First Past the Post.

Heredity

A large number of hereditary peers were crossbenchers with a wide range of interests outside politics - a valuable asset to Parliament. A hereditary right, which passes across the generations, may have the benefit of encouraging a longer-term perspective but this is perhaps at the expense of creating a divisive society. Moreover, in practice, the hereditary Peers had a natural bias on many issues (e.g., their support for the Conservative Party and also for fox huntingHarrop, S. (1997) The Dynamics of Wild Animal Welfare Law, Journal of Environmental Law, 9(2), pp. 287-302.] ). There are now few in current British politics who openly support this form of selection. However, there is a feeling in many sections of British society that an independent house is needed to check the government and it has been suggested that this was achieved by the combination of hereditary and life peers pre-1997 era.

Indirect election/appointment

About 30% of overseas second chambers are elected by indirect methods, including France, Ireland the Netherlands and South Africa. The electoral college often consists of members of local authorities or regional assemblies, and may include members of the primary chamber. There are various proposals:
* Elections by Regional Development Agencies and voluntary regional chambers, the London Assembly would "would demonstrate a direct connection between these other bodies and the central institutions at Westminster" and because "many of these bodies had themselves been elected... it could therefore reinforce the democratic nature of an otherwise nominated House"
* A variety of institutions such as the Royal Society and charities, are able to elect or appoint a member. Other groups could include the TUC, the GMC, and the Law Society. This would also involve keeping the Law Lords and Lords Spiritual.
*It has also been suggested that leaders of local councils (who have already been elected to their position) sit in the House of Lords.

Secondary mandate

A system proposed by musician and activist Billy Bragg (and endorsed by the Economist magazine) whereby the share of each party's votes at each general election is aggregated and each party is allocated a number of places proportionately using a closed list system [ [http://politics.guardian.co.uk/lords/story/0,9061,1144372,00.html Billy Bragg presents Lords reform plans | Politics | guardian.co.uk] ] . Each elector would have one vote which would both determine their local MP and the composition of the Upper House.

The advantages of this system are claimed to be that: there would be only one election campaign to fund, it does not waste votes because votes for minority parties will count in the Upper House and so it should improve voter turnout, and as the upper house has no direct vote it has no separate mandate and so the Commons will remain supreme. Critics however see a single vote as a choice between voting for an MP or voting for the upper house; if large numbers choose to vote for the upper house instead of their MP it would undermine the mandate of the Commons and create a confused election (for example MPs might be ousted by a poor performance of their party in the Upper House and vice versa).

Other issues

* At present, the Scottish Parliament and Welsh Assembly have devolved powers over areas like Health and Education. The Scottish Parliament and Welsh Assembly do not have upper chambers but instead MSPs and AMs scrutinise legislation in committee systems. This means that, for example, legislation on English health and education is subject to the House of Lords, whilst Scottish and possibly Welsh legislation are not.
* There are some concerns that a reformed upper house may be "a feeder body" into the lower house (Charlotte Atkins MP) as has occurred in other countries with bicameral parliaments. Various proposals have been put forward to prevent this happening, including a five-year ban on former members of the Lords seeking election to the Commons. Others are concerned that the upper house may be filled by MPs who lose their seats.
* The House of Lords has a judicial function, which will be clearly affected by the reform process, although these functions will pass to a separate Supreme Court (most likely during 2009).
* The future of peerages. One proposal is that peerages should remain, as part of the honours system, but that they should no longer be linked to membership of the upper house.
* The name. Were the link between peerages and membership of the upper house to end, the name of the upper house might also change as a consequence. The Liberal Democrats, [ [http://www.libdems.org.uk/news/story.html?id=11225&navPage=news.html Liberal Democrats : Smaller and democratic upper house needed - Hughes] ] and more recently the Conservatives, [ [http://www.telegraph.co.uk/news/main.jhtml;jsessionid=CZWLOEVZRXV35QFIQMGCFGGAVCBQUIV0?xml=/news/2002/01/13/ntory13.xml Tories to turn Lords into elected Senate] "Daily Telegraph" 12 January, 2002] have proposed Senate, as in other countries. The Labour government has not put forward any proposed names, instead referring to the "reformed chamber" [Cite web|url=http://news.bbc.co.uk/1/hi/uk_politics/6339401.stm|title=At-a-glance: Lords reform|publisher=BBC|date=2007-03-07|accessdate=2008-03-24] although the Leader of the House of Commons committee has promised to consult on a final name.

ee also

* Allotment
* Election
* Appointment
* House of Lords
* Constitutional Reform Act 2005
* Canadian Senate Reform

References

Further reading

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* with the 2003 White Paper at:
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External links

* [http://news.bbc.co.uk/1/hi/uk_politics/2721979.stm Lords reform left in disarray - BBC news]
* [http://www.aph.gov.au/library/pubs/rn/1999-2000/2000rn20.htm Australian Government information bulletin]
* [http://www.ElectTheLords.org.uk Elect the Lords - the campaign for a democratically elected second chamber]
* [http://www.secondarymandate.org/ Secondary Mandate - Billy Bragg's proposed system]
* [http://petitions.pm.gov.uk/chartered-peers Petition to reform House of Lords]