Paper 2 · 2021 · 30 marks
Using the source, evaluate the view that the roles and membership of the House of Lords require reform.
Parliament
Source
This source is adapted from an article in the Financial Times in November 2019.
The case for reforming the Lords
Nigel Farage claimed that Brexit party supporters were offered peerages in an attempt to persuade the party not to field parliamentary candidates in the 2019 general election. After the general election, Farage vowed to campaign for a new political system by reforming the Lords, which he states has no democratic legitimacy. The average age of peers is 70 with too few women. The system of appointment produces an unprofessional chamber with 'working' and 'non-working' peers. Lacking legitimacy, the chamber is too weak to do its job. In 2015, research suggested a relationship between large political donors and nominations to the Lords is statistically significant.
The case for retaining the Lords as it is
The Lords display 'independence of thought' with many crossbenchers not being aligned to any political parties; many members see it as their duty to hold governments to account. Governments are regularly defeated in the Lords, which provides expert advice and informed scrutiny to the process of legislation.
The independent House of Lords Appointments Commission vets all nominations for life peers, including those nominated by party leaders. This has increased the numbers of experts selected, and the Lords is now more representative: over 25% are women and around 6% come from ethnic minorities.
Mark scheme: agreement
AO1: Peerages can be offered as part of patronage (for previous service and/or large donations to political parties).
AO2: The clear statistical link between large donors and successful nomination to the Lords is evidence that rich donors are being rewarded by becoming peers – i.e. repeated cash for honours scandals, thus distorting the membership of the Lords.
AO3: We can conclude that the current system is open to abuse of patronage and therefore the membership of the Lords requires reform.
AO1: The House is not representative.
AO2: The average age of the Lords is 70; just over a quarter are women and only 6% are from ethnic minorities whilst the educational background and class background of peers is also very skewed.
AO3: We can form a judgement that the current system produces a House that is deeply unrepresentative of the wider public so it membership is in need of reform.
AO1: The House lacks democratic legitimacy.
AO2: The Lords have no democratic connection with the public and are not held accountable by the electorate via elections. The lack of democratic legitimacy weakens the House and weakens democracy in the UK.
AO3: We can form the conclusion that since the current system produces a chamber which lacks the authority to challenge the elected government, it cannot effectively fulfil its purpose of scrutiny, and therefore requires reform to its membership.
AO1: The chamber is too weak to do its job
AO2: The current system lacks the legitimacy of the system of electing MPs and produces a legislature which lacks the authority (and the power) to do its job as a revising chamber that scrutinises legislation and its job of checking and challenging the actions of the government.
AO3: We can conclude that the role and membership of the House of Lords needs reform if it is to perform its key functions within UK democracy.
Mark scheme: disagreement
AO1: The appointment system allows for an increased number of experts to be selected.
AO2: The independent House of Lords Appointments Commission, established in 2000 vets all nominations to the Lords and has helped to introduce more experts to the chamber. This produces a more expert membership than the Commons, helping the Lords to fulfil its roles.
AO3: We can conclude from the independence and impact of the Appointments Commission on membership of the Lords that the current system does not require reform as it enables the Lords to perform its role.
AO1: Membership of the Lords has become more representative.
AO2: The Appointments Commission has contributed to improving the representativeness of the second chamber. This is likely to further improve in the future.
AO3: We can reach a judgement that the improved representativeness of the Lords shows that its membership does not require reform.
AO1: The House has become more professional.
AO2: The increased number of life peers, often experts in their field and/or with significant political experience has produced a more effective chamber and committee system.
AO3: We can form a judgment that the increased professionalism of the Lords shows that it fulfils its role as a second chamber and does not require reform.
AO1: The government is regularly defeated by a more assertive Lords.
AO2: The fact that the government is regularly defeated in the Lords since the House of Lords Reform Act shows that the second chamber effectively fulfils its purpose. It has the independence and confidence it needs to challenge the executive.
AO3: We can come to the judgement that the higher number of government defeats in the Lords shows that the current system produces a chamber that is able to challenge the government and that therefore the current system does not require reform.