The Queen's Speech

November 17th 1999 - Constitutional Reform

House of Lords Reform

Lead Minister: Baroness Jay of Paddington (Leader of the House of Lords)

In the 1999 Queen's speech it was announced that the Government is "committed to further long-term reform of the House of Lords and will look forward to the recommendations of the Royal Commission on the Reform of the House of Lords."

First Stage Reforms

In the 1998 Queen's Speech, the Government announced its intention to remove the rights of hereditary peers to sit and vote in the second chamber as "the first stage in a process of reform to make the House of Lords more democratic and representative". The House of Lords Bill received Royal Assent on 11 November 1999. The Royal Commission on House of Lords reform, which will propose second stage reforms, will not report until the end of 1999.

The 'transitional' chamber

Now that the vast majority of hereditary peers have been removed, the House of Lords consists of approximately 500 peers. 92 of these are hereditary peers, having secured a temporary reprieve by virtue of the 'Weatherill amendment'. In addition, a further ten hereditary peers remain, having been granted life peerages - six of the ten are former Leaders of the House of Lords, and the remaining four are hereditary peers of first creation. When the Government published its White Paper on Lords reform on 20 January 1999, it was stated that hereditary peers of first creation would be given life peerages, as their titles were intended to honour personal achievement. However, the move to grant life peerages to the former Leaders of the Lords was unexpected. This 'transitional' chamber will exist until further reforms are implemented. At present, there is no timetable for further reform.

Royal Commission

The Royal Commission on the Reform of the House of Lords, chaired by Lord Wakeham, is due to report by 31 December 1999. The Commission's recommendations for second stage reforms will then be considered by a Joint Committee of both Houses of Parliament. The White Paper on Lords Reform acknowledges that the Joint Committee can "make a special contribution in refining the options before any legislation is introduced." The Government has not committed itself to accepting any of the Commission's recommendations.

The need for Direct Elections

The ability of the House of Lords to perform its functions is limited by the fact that it has never been democratic. This was true both before and after the removal of the hereditary peers. Unless the second chamber has a clear mandate and public respect, the basis on which it challenges the Government will always be called into question.

It has been reported that the Government favours a wholly nominated second chamber. This would clearly not make the second chamber more democratic and legitimate or strengthen its public standing. In addition, a recent poll commissioned by Charter88 shows that the vast majority of people are against this option, with only 7% supporting a wholly nominated body.

Commentary

Charter88 welcomes the Government's commitment to reform of the House of Lords, and congratulates it on having removed the vast majority of the hereditary peers. However, the task of reforming the Lords remains unfinished. In the White Paper on Lords reform, the Government stated that it would aim to ensure that "the second stage of reform has been approved by Parliament by the time of the General Election." Every effort must be made to meet this deadline. Charter88 recommends that the 'transitional' chamber be allowed to sit for no longer than two years before further reform is implemented. We urge the Government to make public immediately, a timetable for further reform.