Archbishop of York Speaks Out on Reform of the House of Lords

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Below is a copy of what the Archbishop said.

"My Lords, in my speech on House of Lords reform in 2007, I said that the key issue in reform of your Lordships' House as a legislative revising Chamber has to do with revising the law that will maintain freedom and justice for the nation and for every individual within it. This is the basis of our concept of democracy, which is central to our nation's understanding of itself. Throughout this country's history, it has been a symbol of British freedom. As John Betjeman said:

"Think of what our Nation stands for,

Books from Boots' and country lanes,

Free speech, free passes, class distinction,

Democracy and proper drains".

Winston Churchill said:

"Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time".-[Official Report, Commons, 11/11/1947; cols. 206-7.]

It is now claimed by some that your Lordships' House, not being elected, is undemocratic. I believe that a wholly elected House may not serve the interests of freedom. Our 21st century fashion for a particular form of democracy may, in the end, not give us freedom. Elections, freedom and justice are not necessarily coterminous. We all know of countries where elections were conducted but their Governments ended up being elected dictatorships.

How should we therefore, in our 21st century, understand democracy? The principal elements of democracy are power, accountability, transparency and representation. However, representation must not be the only important element. There are those who always overplay this element. The concept of democracy goes back to Greek classical thought. Democracy-demokratia-means government by the people, but Governments do not have a right to the unrestricted use of power. They exercise it only as trustees of the people. The role of your Lordships' House, I submit, is to ensure that this temptation to the abuse of power, by the use of statutes from the other place as a promissory note or a form of assurance, is kept in check, and to maintain a very clear commitment to the social values of justice and equity.

Secondly, democracy has to do with accountability; that is, people's ability to call to account those who exercise power. In these present days, accountability is key to the confidence people have in Her Majesty's Government. The question for us is: how best will your Lordships' House exercise the task of calling Her Majesty's Government to account to the people for their stewardship of the trust people have placed in them? I believe that a wholly elected House of Lords will not encourage the distance and independence needed to ensure proper accountability. They are far too close. The elections are coming next time round. Proper transparency is necessary.

Thirdly, there is representation. While there is a strong and historic imperative towards representation, we must remember that your Lordships' House is not Her Majesty's Government, but a second Chamber that revises legislation in order to keep the statute common to all, especially to the gentleman on the Clapham omnibus. The issue of representation becomes skewed if we are trying to create a Chamber in which everything is like the House of Commons, but in name only. I believe your Lordships' House is at its best when it is not being whipped, but allows freedom of expression and revision of the legislation for the common good of the country, and not for any political advantage.

A truly democratic society will affirm and uphold the equality of all, both before the law and in the responsibility for the exercise of power. The key issue for us is: does your Lordships' House keep to this task? Would it perform the task better as an elected Chamber? The present operation of the House of Commons, with its Whips and guillotines, should give us no great confidence in this. Regulations are often placed with a bare minimum of revision. The Equality Bill was a good example. This House revised that legislation and tidied it up into a good Bill, and therefore a good Act, which I do not think they could have done down there.

The fundamental issue before us is to determine the true purpose of this Chamber and the best way of achieving it. If we set out the purpose, goals and objectives clearly, it will be possible to work out how people should get here. If we do it the other way round, we are simply in a game where the football is already flat. I maintain that in order to ensure the just use of the power entrusted to Her Majesty's Government, in order to ensure true and impartial accountability, and in order truly to represent the breadth and diversity of our fellow citizens, we need a House that has the potential to draw on the diversity of persons, with all their different backgrounds and experience, who we see before us in your Lordships' House. The noble Lord, Lord Lester of Herne Hill, played a major role during the passage of the Equality Bill, as did the Leader of the Opposition and many other noble Lords. I am not sure whether they would like to stand, but I have not asked them.

It may be that the time has come to say to the other place: "Thus far, and no farther. You concentrate on your first task of ensuring that Her Majesty's Government are called to account, are transparent, truly represent the whole nation and do not abuse the power entrusted to them by the Crown and the people of this country". The other place must make the main thing the main thing-calling the Government to account-and we provide the legislation. This House, your Lordships' House, will diligently revise the legislation and seek answers to questions. That will make Her Majesty's Government more accountable and transparent. That is our job, and I am uncertain whether a wholly elected House that looks very much like the House of Commons will do its job.