Draft House of Lords Reform Bill - Draft House of Lords Reform Bill Joint Committee Contents



David Le Grice

Purpose of the Upper House and need for elections

The purpose of an upper house as I see it is so that its members can concentrate on legislation without having to worry about constituency work and since they have such direct and considerable influence over legislation more so than that which some people like to accuse trade unions big corporations and media moguls of having, it makes sense that they have some sort of democratic mandate.

It may prove beneficial if the Upper House were given the power to work with the government to improve finance bills. If this caused concern over primacy then the House of Commons could be given the power to vote to proceed on finance bills without the Upper House's consent without any waiting period.

That said, I think maintaining the primacy of the House of Commons is only important because people have decided it is, the first parliament act at least was intended as a quick fix and was never meant to apply to an elected house. To my mind the best way for the differences between the government and the Upper House to be resolved would be through referendum or for a bill to be delayed until after an election although I'm not sure whether such a change would be considered.

Appointments

If there are to be any appointments to the upper house then the appointments commission would have to make sure that it appoints people from as diverse a range of backgrounds and expertise as possible and that no background has noticeably greater representation than any other as that would make the house bias on certain issues; I currently get the impression that a disproportionate number of peers are businessmen for example. I'd personally prefer that all members had a mandate at any rate.

Bishops

I don't understand why the bishops should remain; they are just as much an anachronism as hereditary peers as they would not be there by virtue of being English Anglican Bishops and not elected or chosen independently on merit. I can't think why the established church needs to send people to speak let alone vote in the upper house and I shouldn't think that there is anywhere else in the world (except perhaps Iran but I haven't checked) where this is the case. Furthermore reserving seats for Church of England bishops in the legislature amounts to four types of discrimination, these being discrimination based on nationality (No bishops representing Scotland, whales or northern Ireland), religion, sexuality (No practising homosexuals) and gender. It's not as is you'll go to hell for removing the bishops from the Upper House.

The church can always make representations to parliament and the government and if necessary a member of the upper house can be appointed to liaise with them as I believe is done in the House of Commons.

Ministers

It would be very undemocratic to allow the prime minister to appoint members to the upper house and the limit may become seen as a target by some administrations if they had any trouble with the upper house.

It would not be a problem if they were not entitled to vote or could speak and introduce legislation without being members of the Upper House (but still members of the government) as is the case in some other legislatures such as the Danish Parliament; apart from being more democratic this would also avoid placing unnecessary restrictions on the prime ministers ability to choose ministers.

Vacancies

It would be completely wrong if someone were elected by voters largely based on their party affiliation only for them to be replaced on death or retirement by someone from another party.

Irish and Northern Irish MEP's will produce a List of people to succeed them should they die or retire and I think the same system should be adopted here.

Electoral system

I think the constituency sizes proposed are too small electing close to seven people would be just about ok especially with STV though I would prefer the number were closer to twenty (though this would require open lists and thresholds). I especially don't like the idea of having three seat constituencies' and am not too keen on four seats either. Neither size delivers terribly proportional results in European elections (in Whales, the North east and Northern Ireland) as the parties represented have the same number of seats each and they don't allow representation for all major parties. Indeed a three seat constituency in Northern Ireland would prevent nationalist representation by shutting out the SDLP. Smaller constituency's also make the electoral process more intimidating because there would be more attention and pressure placed on a parties candidates if only one or two were likely to win and they may need to campaign within the major shopping areas of major population centres.

I think it would be especially important to have larger constituencies if an open list system were used as more votes would otherwise be wasted on vote surpluses and minor parties under such a system. Alternatively one could consider the proposed reforms to the Finnish parliament which has open list districts but their seats would be assigned to make the to ensure representation was in line with the national vote, such a system would of course need national and or constituency thresholds to be imposed. Another alternative would be to have vocational constituencies which people would join when they register.

I also think that the minimum number of three seats if adopted should only be permitted if national boundaries necessitate it in boundaries should be redrawn if a constituency's allocation is reduced to this number due to population changes.

Of course in order to have more seats in some Celtic constituencies them one would have to elect more of the houses members have a larger house than proposed, elect in halves instead of thirds or over represent them; I personally wouldn't mind any of these though preferably not the later.

If the the committee parliament or the government is tempted to have more than 300 members in the Upper House for this or any other reason (the average attendance is close to 400 at the moment) then I say do it even if some complain as you can't put a price on democracy.

Ballot papers for Upper House elections will need to be randomized and possibly candidates listed by party. This is especially important for STV but it would also allow simpler ballot papers for an open list as there would be no need to provide an option of voting for a party and encourage people to express their opinions of the candidates before them. Whichever system is used it would be a good idea to switch to the same one for European elections both to trial it and so that voters can get used to it.

10 October 2011


 
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