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Appointed members crucial to Lords’ independence, constitutional law expert says

(18 May 2011)

Professor Gavin Phillipson, Durham Law School

The Government should resist calls for the House of Lords to become an all-elected body if it's to keep the independence and expertise it needs to scrutinise legislation, according to a constitutional law expert.

Professor Gavin Phillipson, of Durham Law School, Durham University, said it was vital that "the populist clamour for a 100 per cent elected chamber" was not allowed to overwhelm considered argument.

Under plans unveiled by Deputy Prime Minister Nick Clegg earlier this week, the current 792 member House of Lords would be cut down to just 300 members, 80 per cent of whom would be elected by proportional representation. However, the plans have come under immediate criticism for not supporting a 100 per cent elected House.

Professor Phillipson, who is Professor of Constitutional Law at Durham, said it was right that the Lords should have a majority of elected members because it needed a major boost in its legitimacy.

 But, he said the Lords should still have a significant proportion of appointed members so it could perform its crucial role in subjecting Bills to the kind of rigorous, in-depth scrutiny often missing in the House of Commons.

Professor Phillipson said: "The Government's draft Bill on House of Lords reform is to be broadly welcomed. But it's vital that the populist clamour for a 100 per cent elected chamber is not allowed to overwhelm considered argument.

"The Government must be prepared to defend the inclusion of appointed members not as a 'miserable little compromise', but as being crucial in giving the new House the members it needs to carry out its unique role."

He added: "We want the House of Lords to do a range of different jobs, but above all, provide a distinctively different voice in the legislative and scrutinising process from that provided by the Commons.

"It's vital that there are at least some members who are there for their expertise, experience and independence of judgment. That means that some must be appointed - 30 per cent or 40 per cent would be better, but 20 per cent is much better than none."