SUMMARY OF CONCLUSIONS
AND RECOMMENDATIONS
(i) The existing conventions, which are
of a self-restraining nature, impact profoundly on the relations
between the Houses and need to be understood as a vital part of
any future constitutional settlement. (paragraph 11)
(ii) We strongly support the continuation
of the existing conventions. When the views of the Houses on composition
are made known, we will return to the detailed matter of how these
important conventions should be maintained in a new constitutional
settlement between the Houses. (paragraph 12)
(iii) We intend to return to the matter
of the constitutional role of the Lords in the later stages of
our work but we underline its importance here. (paragraph 15)
(iv) We concur with the conclusions of the
Royal Commission that increased representativeness will confer
a new legitimacy on the House of Lords. We will consider methods
to achieve that end when we deal with getting the right membership
of the House later in this report but it is also a matter that
will need further careful attention in future. (paragraph 16)
(v) We are convinced that a reformed House
should contain an appropriate number of members from all parts
of the country and later in this report we will consider how this
might be achieved. It is difficult to see at the moment structures
which are parallel to those to be found in fully federal countries
like the USA and Germany upon which to base this representation,
although we note in the recent Queen's Speech the Government's
intention to hold referendums on the issue of regional governance
in England. (paragraph 18)
(vi) We consider that a co-ordination of
the legislative loads between the Houses is a practical but important
part of any new constitutional settlement. (paragraph 20)
(vii) Recognising the practical realities
of parliamentary programmes, we nevertheless consider that pre-legislative
scrutiny is an important aspect of making the legislature function
more effectively and we welcome the proposals announced in the
recent Queen's Speech. (paragraph 21)
(viii) When the Houses' views on the matter
of composition are known, we shall consider whether any change
is needed in the powers of the Lords in relation to secondary
legislation. (paragraph 23)
(ix) We assert the importance of the scrutiny
function of the House. At a later stage in our work, we will return
to consider how that scrutiny can be made more effective. (paragraph
24)
(x) Although we may return to it later in
our deliberations, we consider the judicial function of the House
of Lords to be a matter worthy of independent inquiry and expert
attention. Even if a separation takes place it does not need to
entail the ending of membership of the House by the law lords.
(paragraph 25)
(xi) Subject to satisfactory assurances
that carry-over arrangements could not be used to erode the powers
of the House of Lords, we do not consider at this stage that the
provisions of the Parliament Acts need to be altered. Together
with our conclusions about maintaining the existing conventions,
we therefore recommend (subject to what we say about secondary
legislation in recommendation viii above) that no new or additional
powers are given to the House of Lords at this stage. (paragraph
29)
(xii) We consider that the lack of representativeness
of the House must be improved and that better balances can be
achieved either by a new appointment system or, with appropriate
checks in place, by various methods of election. (paragraph 33)
(xiii) Any arrangements for the reformed
House must take account of the importance of maintaining the principle
that no one political party should be able to be dominant in it.
(paragraph 34)
(xiv) It is our view that any new system
of getting members into the House needs to ensure that independence,
whether arising from non-party affiliation or from less attention
to the requests of the Whips, is not jeopardised or diminished.
(paragraph 35)
(xv) We consider this independence an important
element in any reconstituted House. (paragraph 40)
(xvi) We consider the expertise which is
evident in the existing House to be something of considerable
importance which we would wish to see preserved in the new House.
(paragraph 42)
(xvii) The existing House of Lords meets
several of the criteria which we have been considering, namely
lack of domination by one party, independence and expertise. If
these existing qualities, bolstered by a greater representativeness,
can be transferred to the reformed House, we believe that a new
legitimacy, which we have already highlighted in considering the
House's role, will naturally develop. (paragraph 43)
(xviii) At this stage we propose simply
that the House should comprise about six hundred members. This
represents little change from the present House without the 92
hereditary peers, but we recognise that transitional arrangements
may necessitate an increase in size before equilibrium is reached.
(paragraph 46)
(xix) A balance has to be struck, and our
view is that a tenure for all members of some twelve years is
about right. While members should be able to resign their seats
earlier, we consider that members who do so should not thereby
be able to stand for election to the House of Commons at least
for a certain period, perhaps three years. (paragraph 48)
(xx) The present arrangements do not, in
our view, achieve the balance which we consider necessary and
legitimate. There should be a new Appointments Commission established
on a statutory basis, as the Royal Commission originally proposed.
However, that should not exclude the possibility of nomination
by the Prime Minister of the day, nor proposals by party leaders
and members of the public. All these nominations would be scrutinised
by the new Appointments Commission. Only the Prime Minister would
have the right to have nominations confirmed. (paragraph 52)
(xxi) At this stage we have concluded only
that we are not attracted by the idea of compulsory retirement
for existing life peers. (paragraph 55)
(xxii) We consider it essential that some
detailed work should be done on costing the options before the
Houses. (paragraph 59)
(xxiii) We hope that there will first be
"take-note" debates on this report in both Houses, with
the opportunity to vote on the options coming later, after members
have had time to study both debates. We are convinced that it
is essential that both Houses follow the same procedure in voting
on options. (paragraph 76)
(xxiv) Accordingly we recommend that a series
of motions, each setting out one of the seven options we have
identified, be moved successively in each House notwithstanding
the normal practice in regard to questions. (paragraph 77)
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