Lord Janvrin (CB)

My Lords, I want to focus my remarks on the constitution. I start by noting that, in the Labour manifesto, constitutional reform found its place in the chapter entitled “Restoring public service in Westminster”. I commend that wider ambition, which is about trust in our system. We are all agreed that renewing trust has never been more important. Where have we got to in the King’s Speech? I personally accept that the removal of the hereditary Peers is probably a sensible and incremental step for any Government intent on modernising the House of Lords. Many hereditary Peers are close colleagues and their individual contributions are consistently impressive, but I think they know, as we probably all do, that, collectively, they have been on borrowed time for 25 years. This measure will slightly reduce the size of the House and ensure a slightly better gender balance, but there is much more to be done on both those counts. I add one small, additional point. I have very occasionally heard it argued that removing the remaining hereditary element of our legislature risks undermining the hereditary institution of monarchy. This argument does not stand up to a moment’s scrutiny—the roles are obviously entirely different. In the manifesto, but not in the King’s Speech, is reform of the House of Lords appointments process. It may be that strengthening the vetting powers of the House of Lords Appointments Commission—HOLAC —could be achieved without legislation, as could an acceptance that HOLAC recommendations are binding. I hope, however, that in due course legislation can be introduced to put the essential work of HOLAC on a statutory basis. The arguments for doing so are well known. Why is it important? The present system of appointments to the House of Lords is widely seen by the general public as being about unattractive, and occasionally unacceptable, political patronage. That power of patronage is seen as a tool of party management and party fundraising. I suggest that a Government with a large majority could afford to take risks in limiting this power. It is also another way to restore trust in our political system. There is more to be done. The area which is neither in the manifesto nor the King’s Speech is the importance of proper scrutiny of secondary legislation. This is hardly a surprise. There are few votes to be had in trying to explain that Parliament lacks the teeth to scrutinise much of the legislation that governs our lives, even if the pitch is spiced with references to Henry VIII or skeleton Bills. However, key democratic principles are at stake. Effective scrutiny makes better law. Parliament’s fundamental constitutional role to hold the Executive to account is weakened by present arrangements. I congratulate the noble and learned Lord the Attorney-General on his excellent maiden speech in which, to my surprise and admiration, he mentioned secondary legislation. I urge him to study the two recent Lords reports on this issue, which highlight what is a democratic deficit in our system of legislation. As with House of Lords appointments, there is scope here for putting wider public interest above party self- interest or executive expediency. There is much more to be done. I finish where I started. Restoring trust in the way we are governed has never been more important. Constitutional reform has a vital role to play in this, but there is more, much more, to be done.