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Parliament review 'must not punish House of Lords' Review into powers of Lords to be completed by Christmas
(about 5 hours later)
A review into Parliament's workings must not "punish" the House of Lords for defeating the government over tax credit cuts, an ex-Lord Speaker says. A review into the workings of Parliament triggered by government defeats in the House of Lords could be completed by Christmas.
Baroness Hayman said the Lords had done "what it classically does" in asking the government to "think again". Conservative peer Lord Strathclyde said he wanted to "give clarity" quickly to age-old conventions which had been "capriciously" breached by the Lords.
But ministers have criticised the Lords for overreaching itself and announced a review led by Lord Strathclyde. He appeared to rule out recommending the creation of lots more Tory peers.
Former Cabinet minister William Hague said "it would reflect badly on this country" if changes were not made. Labour said it was a "pretend crisis" and ministers wanted to "give the Lords a kicking" for doing its job properly.
Writing in the Daily Telegraph, Mr Hague, who is soon to join the Lords, said: "Of the scores of democracies I have visited over the last decade, I cannot think of one where an unelected chamber can change or veto the tax proposals of an elected government, however strongly they may feel." Ministers have accused peers, who are overwhelmingly appointed, of overreaching themselves by holding up and seeking major changes to tax credit cuts approved three times by elected MPs.
MPs have approved the tax credit changes three times and Conservative MPs and ministers have questioned the authority of the Lords to challenge the Commons on such a major financial issue, saying it flew in the face of long-standing historical precedents. They have questioned the authority of the Lords to challenge the Commons on such a major financial issue, saying it flew in the face of long-standing historical precedents.
'Deplorable'
Lord Strathclyde, who was leader of the House of Lords and a Cabinet minister between 2010 and 2013, told the BBC that the Lords had the "power but not the authority" to challenge the Commons over the issue, suggesting they had behaved "deplorably".
"We have developed very good ways of the unelected House of Lords protesting at what the House of Commons does but backing down," he told BBC Radio 4's The World at One. "On Monday, gleefully and capriciously the House of Lords voted it down so as to kind of engineer this semi-crisis."
Among the options open to him, he said, was to recommend amending the 1911 Parliament Act, which asserted the Commons' supremacy over the Lords, to prevent the Lords from being able to vote down or amend secondary legislation.
However, he scotched the idea - put forward by some Tory MPs - that a large number of peers could be created to give the government the working majority in the Lords it currently lacks: "I think that would be the wrong thing to do. It is the wrong way to deal with this particular problem."
The Tory peer added that he would like to complete his review "by the end of the year, perhaps sooner if possible".
Senior figures in the House of Lords have urged the government not to "punish" it for defying the Commons. Ex-Lords Speaker Baroness Hayman said it had done "what it classically does" in asking the government to "think again".
Analysis by BBC political reporter Brian WheelerAnalysis by BBC political reporter Brian Wheeler
The House of Lords is not traditionally supposed to block financial legislation that has the backing of MPs.The House of Lords is not traditionally supposed to block financial legislation that has the backing of MPs.
This principle was established in 1911 during the constitutional gridlock that followed a decision by peers to block the Liberal Party's "people's budget".This principle was established in 1911 during the constitutional gridlock that followed a decision by peers to block the Liberal Party's "people's budget".
But nothing is ever cut and dried in Britain's fluid, unwritten constitution. And both sides are angrily trading precedents and claiming that their opponents are overstepping the mark. If they could only agree where the mark is.But nothing is ever cut and dried in Britain's fluid, unwritten constitution. And both sides are angrily trading precedents and claiming that their opponents are overstepping the mark. If they could only agree where the mark is.
Read more on the 'constitution wars'Read more on the 'constitution wars'
Speaking on BBC Radio 4's Today programme, former Conservative leader Lord Howard said the House of Commons "has to have its primacy recognised". She pointed out Commons Speaker John Bercow had said there had been no "procedural impropriety".
He said: "The basic principle is this: The House of Commons is elected, the House of Lords is not. The House of Commons is accountable, the House of Lords is not." 'Pretend crisis'
He suggested more limited reforms than a complete overhaul of the Lords in order to ensure Monday's vote could not be repeated. Downing Street said the review would examine "how to protect the ability of elected governments to secure their business", considering "how to secure the decisive role of the elected Commons in relation to its primacy on financial matters and secondary legislation".
But crossbencher Baroness Hayman, who voted to delay the cuts, pointed out Commons Speaker John Bercow had said there had been no "procedural impropriety". But Labour is seeking more details about the review's terms of reference and who Lord Strathclyde will be consulting.
She added: "This review must not be seen as punishment for the Lords, when the Speaker himself said that nothing procedurally improper had been done." "It is clear that the government intends to give the House of Lords a kicking," said shadow Commons leader Chris Bryant.
Lord Strathclyde is the former Conservative leader of the House of Lords. "But it should remember, I think, as it fashions this pretend constitutional crisis that the vast majority of people in this country applauded the Lords on Monday because this was not in the government's manifesto."
Downing Street said his review would examine "how to protect the ability of elected governments to secure their business". The government has suffered 19 defeats in the Lords since May.
It will consider "how to secure the decisive role of the elected Commons in relation to its primacy on financial matters and secondary legislation". Critics say that it has mishandled the presentation of its tax credits policy and sought to enact the changes through a statutory instrument rather than a money bill, which the Lords cannot challenge, to restrict debate.
Labour has accused the government of "intimidating" the House of Lords.
Repeat avoided
Unlike in the Commons, the government does not have a majority in the Lords and has suffered 19 defeats in the Lords since May.
Critics of the government say that it has mishandled the presentation of its tax credits policy and sought to enact the changes through a statutory instrument rather than a money bill, which the Lords cannot challenge, to restrict debate.
Before Monday's defeat, peers had only blocked so-called secondary legislation on five occasions since 1945 and never on a financial matter.Before Monday's defeat, peers had only blocked so-called secondary legislation on five occasions since 1945 and never on a financial matter.
The government narrowly avoided another defeat on Tuesday over its plans to accelerate changes to the electoral register, with peers voting down a so-called "fatal motion" which would have blocked them by a majority of 11. Under the motion passed by peers, the government would have to compensate people losing out from the £4.4bn cuts to tax credit payments.
Under the motion passed by peers on Monday, the government would have to compensate people losing out from the £4.4bn cuts to tax credit payments.
In response, Chancellor George Osborne said he would listen to people's concerns and announce any modifications in next month's Autumn Statement but insisted he would press on with changes designed to save billions from welfare, claiming they had public support.In response, Chancellor George Osborne said he would listen to people's concerns and announce any modifications in next month's Autumn Statement but insisted he would press on with changes designed to save billions from welfare, claiming they had public support.