Contribution
My Lords, Amendment 21 is substantially the same amendment that I tabled in Committee and seeks to achieve the same purpose but with one substantive difference, which is in timing. The amendment I tabled in Committee would have come into effect during this Parliament, whereas this amendment would come into effect in the next Parliament. I will explain briefly in a moment why I came to the decision to change that.
The amendment itself is the same, so I will not repeat the explanation, save that it seeks to create term limits of 20 years. I am not hugely hung up on 20 years, 15 years or 25 years. I am concerned with the principle that nobody should have the right to sit in this place for ever. There is obviously a discussion to be had around retirement, which we have had. I listened very carefully to the comments of the Lord Privy Seal in that debate last week, and think that around that the Select Committee will do a good job. However, I am not sure that it will entirely be able to do the job that is required.
The reasons why I have gone for a new timing are, first, that it would be only fair to allow the current Government the freedom to do what they wish during the lifetime of this Parliament and to perhaps make up for some of the more egregious excesses that happened in the last Parliament. It is a little unfair to remove the current system and, as it were, at half-time change all the rules. That was the first reason, which may just be me being a bit overly fair, but I thought that it was. Secondly, if during this Parliament there is further reform, and if the Government are able to take through legislation which gives us a different landscape, this amendment coming into force in the next Parliament could be got rid of or scrapped.
I want to make it clear at the outset that my primary choice would be a democratically constituted House of Lords, which is what I have said in many of our debates and, on and off, in different guises for the best part of 30 years. I took part in the debates in the other place in 2012 and the consideration of the draft legislation and was happy to vote with the majority in the House of Commons for that Bill to achieve a Second Reading. But I recognise that having got that far up to the hill and been marched back down again by our then leader, there is little chance of anything substantive happening. I rather suspect that the Select Committee will do its work and discussions will continue, but that at the end of this Parliament we will not be greatly further forward than we are now.
The amendment is a real longstop in the sense of if we arrive at that situation, and if, as has been pointed out by a number of noble Lords, the electoral results for the next Parliament are somewhat more surprising than they might have been at the last general election. Indeed, one poll I saw showed that what would be the largest party in the House of Commons would have no representation in this House—although there were one or two speeches last week that sounded remarkably like a job application from the Benches across—while the largest party in this House would be the fourth party in the Commons, which is a completely ridiculous situation. My amendment does not solve that in any way, shape or form, but it would put a burr under the saddle and make sure that if we were in that circumstance, the Government of the day would need to do something about it.
My amendment very much ties in with Amendment 23 in the name of the noble Lord, Lord Burns, which I hope to speak to briefly later, with one exception which I will leave to that point. However, there is an opportunity in this legislation, which may be the only legislation that would affect no one in your Lordships’ House during this Parliament or any of the operation of this Parliament or fetter the Prime Minister in any way during this Parliament but that, if none of the hoped-for reforms came through, would in the next Parliament take effect and oblige, I rather suspect, some action.
I will say two other things in moving the amendment. The first is in response to the noble Lord, Lord Hunt, and his comments earlier about how function should come before form. I take the diametrically opposite view and always have done, and it was a point that was thrashed out in the Committee of both Houses when we looked at it in 2012. I think the function comes from the form; if you introduce a democratic element, the form will change. That also follows the history of what has happened in the relationship between the two Houses over the years. If you have long discussions about the function, you will end up never changing anything and never changing the form. But, most of all, what I would say is—