Lords reform: time for a fresh approach to an old problem

Craig Prescott 10.17am

Some people think a referendum is necessary, others don’t. Both sides are correct but they miss the fundamental issue.

Nick Clegg has argued that reform should not be dependent on a referendum because all three main parties support reform, and further, they committed themselves to reform at the last general election.

David Cameron, while still open to the idea of a referendum, also believes there are many arguments against holding one.

Both positions are untenable as far as the draft Bill is concerned, or the recommendations proposed by the majority of the Joint Committee for the Bill.

As all three main parties were in favour if reform at the last election, voters were presented with Hobson’s choice and couldn’t express their views either way on the issue. Furthermore, the Labour party included a commitment to a referendum in their 2010 manifesto.

Significant constitutional change should be as inclusive as possible, whereby the agenda is not wholly dominated by a section of the political class. This is why in many written constitutions around the world you would not now be reading this article, as it would be legally required for such proposals to go before an electorate in a referendum (the Australian Constitution is such an example).

Furthermore, it would be odd if a referendum was required to change the method of composition for the Lower House (the AV referendum) but not for a more radical alteration of the Upper House.

On a more principled level, it seems strange to attempt to introduce democracy to the House of Lords in an undemocratic way by refusing to hold a referendum. In this respect, the view of a majority of the Joint Draft Bill Committee in strongly suggesting a referendum is to be commended.

However, those who argue against a referendum are also correct. It all depends on what one means by ‘reform’. At the risk of criticising the Bill committee in the way you might criticise a lemon for not being an orange, they have not considered other proposals for reforming the House of Lords.

Incremental reform, for instance, would not require a referendum. This is the line taken in the Alternative Report, published independently by a minority of the membership of the Bill committee. This report proposes to harness the momentum for reform to propose legislation that could readily be included in the forthcoming Queen’s Speech. It should remove the remaining hereditary peers, permit peers to take permanent leaves of absence, introduce a minimal attendance requirement, and allow for the retirement of peers. Such legislation would be more politically acceptable to all members of all parties. It contains nothing controversial and could be a basis for more long-term reform.

Which according to the Alternative Report should be the responsibility of a Constitutional Convention. This is a common process elsewhere in the world, such as in Australia and certain federal states in the USA. The convention would consider the issue fully and in a broader manner than the current Bill committee has been able to do. Its membership would comprise constitutional experts, current Westminster politicians and representatives of devolved assemblies, local government, businesses and faith groups. It must operate apart from the political cycle. Ultimately, the convention’s proposals would be put to the electorate in a referendum, for the reasons offered above.

The fundamental issue missed by participants in the present debate about a referendum is that it is no longer sufficient for the ordinary political process to dominate the debate. It has dominated for a century, over two Royal Commissions, innumerable policy papers, inconclusive parliamentary debates and votes and, today, a draft Bill with a split committee and two diverging reports.

It is time for a fresh approach to an old problem.

Craig Prescott teaches Constitutional & Administrative Law at the University of Manchester.

Follow Craig on Twitter @craigprescott

Iraq was a failure of the neo-conservative world view

Aaron Ellis 9.17am

Iraq is the centre of the world and crucial to the United States’ wider foreign policy. President Obama is a failure and President Bush is as wise and as farsighted a statesman as General Eisenhower or Ronald Reagan.

This is the context in which we must understand the U.S. withdrawal from Iraq, says Tim Montgomerie.

Last week, Mr Montgomerie attacked President Obama’s withdrawal from the country. He contrasts it with President Bush’s decision in 2007 to ‘surge’ American troops in order to regain momentum against the insurgency. Typically, Mr Montgomerie presents the reader with black-or-white choices: Bush is good, Obama is bad; and if you support the withdrawal, you “hate freedom”.

Neo-conservatives possess a dated worldview – and it shows. They are stuck in the early 2000s and the language of the War on Terror. They show no appreciation of grand strategy in his article or the coming of the ‘Pacific Century’. This is in stark contrast to President Obama, which is why Iraq should be added to the list of foreign policy failures by neo-conservatives and not the President’s.

The two decisions of Presidents Bush and Obama that we should contrast are the former’s decision to invade Iraq and the latter’s announcement last month of a new American military base in Australia.

For no good reason at all, President Bush burdened the United States with a disastrous war in a country of only marginal importance; he handed “a massive gift” to Tehran as a result, and distracted Washington from a real challenge to its power: China.

With his own announcement, however, President Obama sent a signal to Beijing that the U.S. was no longer distracted. The new base, the President said, was “a deliberate and strategic decision – as a Pacific nation, the United States will play a larger and long-term role in shaping the region and its future, by upholding core principles and in close partnership with allies and friends.”

The great scholar Walter Russell Mead has described President Obama’s announcement, and other diplomatic coups the U.S. achieved in Asia last month, as the “coming of age of the Obama administration and it was conceived and executed about as flawlessly as these things ever can be.”

If we understand the Iraq withdrawal in this context then it is obvious which of the two presidents can claim to be a wise and farsighted statesman. “Regardless of whether the twenty-first century will be another ‘American century’, it is certain that it will be an Asian and Pacific century”, Richard Haass, President of the Council of Foreign Relations, has written. “It is both natural and sensible that the US be central to whatever evolves from that fact.”

This undermines many of the neo-conservatives’ other beliefs. Tim Montgomerie is disappointed that the U.S. will not have a “foothold” in Iraq but he does not explain why such a foothold is important to the U.S. He has tweeted praise for a Mitt Romney line about whether a government scheme is so crucial that it is worth borrowing money from China to pay for it, but he hasn’t yet answered whether the same test can be applied to Iraq.

The fact that the interests of the United States are in Asia-Pacific also undermines the examples of post-war Germany and Japan as templates for American policy vis-à-vis Iraq. Those two countries mattered to U.S. security after 1945, justifying the time and money spent on developing them. You cannot make the same argument with regard to Iraq.

Follow Aaron on Twitter @AaronHEllis