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



North Yorkshire for Democracy

The following is a response intended for the Government consultation on House of Lords reform, to be included by Unlock Democracy in their compilation of responses (for which, thanks). House of Lords reform has been discussed within North Yorkshire for Democracy, but the following views have not been endorsed and should be seen as an individual contribution.

An opportunity for higher resolution, higher fidelity, representation of the electorate in the system of government.

The design of the reformed House of Lords presents an opportunity for better representation of the public which seems, unfortunately, to have been met with a singular lack of imagination. There are perhaps those whose vision for unlocking democracy goes no further than extending the extremely low resolution two party system, with its choice of just two political package deals, by giving a significant voice to a third and perhaps a fourth party.

Our paradigm for democracy is the ancient Athenian model, with direct participation of all citizens, allowing each a separate vote on every question. This may be considered impractical for our size of population, and might well have been so for Athens had it chosen to include non-citizens in the process. It might also be argued, in both cases, that there is not the degree of interest, or the leisure to reflect and become informed, for the general population to be involved in the detail of government. (Alternatively one might argue about cause and effect between not being consulted and not being interested).

For us, general participation on single issues is limited by practicality to very occasional referenda, and even then the practicality and effectiveness are questionable. One path that is open to us is to greatly increase the number of package deals on offer, giving each voter a better chance of finding a close match to his or her own position. Another is to break down the full range of political issues into a small number subject domains. Having a separate vote on each domain would allow the voter a large number of possible vote combinations, again allowing a much closer match to his or her own position.

The role of the House of Commons places major constraints on the way it is elected and operates. It has to support a single government, making it desirable that it be dominated by a single party bound by a single manifesto. It traditionally has a local constituency link, greatly limiting the range of positions which are likely to gain representation and fixing in advance the number of members to be returned. The House of Lords serves to complement the Commons, or in counterpoint to it, avoiding some constraints on its election and operation. Indeed it is rather important, with the introduction of an electoral mandate for the Lords, that there are very clear differentiators which prevent the two houses becoming rivals for the same role. Not serving to underpin the government allows the design of the Lords a greater flexibility which can be exploited in making it more representative.

System of Election

Better representation means returning members whose positions cover as wide a range and as fine a granularity as possible. Some may object that this would let in 'extremists'. But this misses the point. Democracy is not about the competence of the voters or the acceptability of their views. It is about inclusion and choice.

Achieving greatest variation suggests using a proportional system with as large a constituency as possible ( i.e. a single, UK wide, constituency). Having within this a Party List system, even an open one, would tend to undermine the chances of individual positions being considered on their merits and could result in a large proportion of members being bound to conform to a group line on most issues.

Rejecting party lists, however, leaves a major problem of getting the voter to make informed and considered comparisons among a large number of individual candidates. He/she may be prepared to put in the time and effort to order his/her 1st and 2nd choices meaningfully, but it may be the allocation of the 53rd and 54th places which actually counts. To overcome this we need to look outside the box of conventional PR systems, such as STV, with their (in this case very long) listing of preferences followed by complex and to some extent arbitrary post-processing. (They take us very usefully beyond the effective 2 candidate limit of FPTP, but not into the hundreds.)

We can exploit the fact that there is no correct number of seats (the figure of 300 is an arbitrate one) and no constituency link driving that number. This allows us to define in advance the quota or threshold number of votes to win a seat. This can be based on the desired number of members and the expected turnout, but with no great problem arising if the outcome is different. As some people don't want a House of Lords, this actually affords an additional dimension of democratic choice, the option of returning fewer members.

We also have scope to use Internet voting, from home (at no greater loss of secrecy than with the postal vote system), from the public library computer network, or via computers in the conventional polling stations. This offers a system in which votes cast can be counted in real time. Coupled with the predefined quota, this would allow the system to recognise when votes for a candidate have reached that figure and stop accepting votes for that (now elected) candidate. (It would also warn voters to wait for confirmation that their vote has been accepted if they have tried to vote for someone who is close to the quota).

The significance of this is that the voter need only choose one of the currently remaining candidates and not concern him or her self immediately with hypothetical transfers of the vote if their candidate does well enough to be elected without it or badly enough to be eliminated. The options facing the voter may well not be the ones he/she had thought seriously about before the polls opened, suggesting the need for more time to consider them. Unlike elections to the House of Commons (determining the incoming government) there is no pressure to get most of the results out quickly. There is no need for a deadline within hours or days of the start. Voters can be allowed to cast their votes, or to transfer them if their candidate is languishing short of the quota, at their leisure.

Nor is there a need to take the transfer process out of the voter's hands. If large numbers of votes remain with candidates who are not returned that represents a choice on the part of the voters.

Extending the process over days and weeks allows media attention to focus on the remaining candidates. This enables the choices made among the large number of options to be well informed and considered to an extent which would not be possible if they were made simultaneously.

There is of course some significance in the choice of whether to vote early or vote late. There may be some small tactical advantage in voting late and a considerable psychological advantage in voting early. But, importantly, that choice is made by the voter.

These innovations are offered not for the sake of innovation but so that the election of around 300 members can represent that many individual options rather than a small number of clone types in varying quantities.

Multiple (Parallel) Upper Chambers

We shall be electing representatives to speak and vote on our behalf in debates across the whole range of public affairs. If you could choose the person most suitable to represent you in each debate it seems highly implausible (unless you hold very stereotypical views) that you would choose the same person for each and every debate. Such a degree of choice may be impractical, but suppose we categorise these debates into half a dozen different subject domains, with some debates perhaps falling into more than one domain. Might you not want a different representative for each domain? Would that not potentially give closer representation of your views? Here we are seeking to design from scratch the most appropriate system for House of Lords. Why would you choose not to make it as representative as possible?

In a single 300 member chamber 300 different positions can be represented. Consider instead 6 parallel chambers of 50 members each, with each chamber dedicated to its own particular subject area. For a voter who considers one member in each chamber to be representing him, that amounts to 50 to the power 6 possible combinations. That's enough to represent a unique position for each UK voter. (In fact it's enough to represent a unique position for each person in the world, even if the population doubles.)

Under such a system we would no longer need to sacrifice our position on other subject domains in order to have influence on the domain which is currently of greatest importance to us. Everyone could have equal influence on all domains. This moves us on from sectional politics where single issue and often vested interest voters can dominate.

A fully or mainly elected House?

While it is of course desirable to bring wisdom and expertise to bear on issues of state, it is highly questionable whether these things exist in a pure form, independent of political philosophy or perspective. Even if they do, we could hardly rely upon those making appointments to a reformed House of Lords to be without such perspectives or vested interests. Even if we could assemble a selection of pure experts on a range of subjects, any topic discussed is likely to fall within the specialist field of only some of them. It is hard to see the special significance or virtue of their aggregate voting upon an issue which is outside the expertise of most.

A case can be made for the elected members of the reformed House of Lords to have easy access to the knowledge and opinions of some who are unlikely to seek or gain election to the House. But that is not to say that the views of these people should be weighed directly in the voting and decision taking of the House. If there are appointed members they should be non-voting members. But this role could equally be filled be guest speakers nominated by the House itself.

Tenure of Members

As pointed out by UD, 15 years seems rather a long time to go without renewal of mandate. Mandatory retirement after a single term seems unnecessary when it is possible to let the electorate decide.

Naming

It would be possible to keep the name House of Lords without its members being titled as 'Lord'. After all, members of the House of Commons do not carry the title 'Common'.


 
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© Parliamentary copyright 2012
Prepared 23 April 2012