8 The House of Lords Appointments
Commission
50. The Royal Commission on the Reform of the House
of Lords (the Wakeham Commission) envisaged a powerful role for
a House of Lords Appointments Commission, removing the Prime Minister
from any role in appointing members of the Second Chamber. The
Wakeham Commission's report recommended a statutory Appointments
Commission made up of eight Commissioners: three nominees from
the main political parties, one nominee from the Convenor of the
Cross Benchers and four independents, one of whom would be the
Chairman. The Commissioners were to be appointed by the Queen
on an Address of the Second Chamber for a single term and could
be removed only by a Resolution of the Second Chamber. Among other
things, the Appointments Commission would have a general duty
from the Crown to appoint members of the Upper House and to do
so on its own authority. Selection by the Appointments Commission
would thus be the sole route into the Second Chamber. The Appointments
Commission would also be able to determine the size of the Second
Chamber taking account of the workload, levels of attendance and
the need for political balance reflecting the share of the votes
cast at the preceding election. More controversially this Appointments
Commission would not only vet nominations for propriety and security
but also appoint people with party affiliations, whether or not
they had the support of their political party.[34]
The Government's White Paper accepted most of the Wakeham Commission's
recommendations but rejected the proposal for individual nominations
of those with party affiliations.[35]
51. However, the first stage of House of Lords reform
has left interim arrangements which fall well short of the Royal
Commission's ambitions and the Government's stated intentions.
A House of Lords Appointments Commission was set up by the Prime
Minister in May 2000. Its role is to recommend individuals to
the Queen for appointment as non-party-political peers and to
vet party nominations to peerages for propriety. It is an advisory
non-departmental public body sponsored by the Cabinet Office.
It is supported by a small office which forms part of the Independent
Offices management unit of the Cabinet Office.[36]
52. There is also a mixed bag of appointment routes
to the House of Lords which in addition to bishops, judges, royal
personal appointments and the remaining 92 hereditary peers
include:
§ party
(so-called working peers) who are vetted by the Appointments Commission;
§ a
small number appointed as ministers;
§ those
individuals put forward in resignation or dissolution honours
lists;
§ Cross
Benchers, in particular the self-nominated, so-called 'people's
peers', who are effectively nominated by the Appointments Commission;
§ former
public servants (10 in any one Parliament) appointed by the Prime
Minister.[37]
53. It had always been envisaged that the Appointments
Commission should be a statutory body with wide powers, removing
the patronage of the Prime Minister. The current Appointments
Commission has a non-statutory, advisory role. Nonetheless, the
controversy over the appointment of working peers has shown that
it is a watchdog with bite. This would seem an argument for maintaining
the current status of this body. However, Lord Hurd told us that,
in his view, the appointments process should be settled by Parliament
and overseen by a body it has set up and operated through rules
it has determined. We agree with his assessment that, "…
it would be a happier situation … if there are going to be
appointed members [to the House of Lords that] an appointments
commission … should be set up by statute".[38]
In a House of Lords reformed by statute and which may contain
an element of appointed members, a non-statutory, advisory body
would be inconsistent with an independent nominations process.
The Appointments Commission
has shown that it can scrutinise nominations effectively and stand
up to pressure from political parties. Nevertheless, its position
should be reinforced by defining the Appointments Commission's
role, powers and independence in statute as soon as possible,
and certainly as part of any reform of the House of Lords which
retains an appointed element of its membership.
34 Royal Commission on the Reform of the House of Lords,
A House for the Future, Cm 4534, January 2000 Back
35
The Prime Minister, The House of Lords,: Completing the Reform,
Cm 5291, November 2001 Back
36
Ev 25-27 Back
37
So far this Parliament there have been two: Sir Andrew Turnbull
and Sir Nigel Crisp. Back
38
Ev 21 Back
| 
