The representation of regions

 The fourth strand in most thinking about the role of second chambers is the representation of regions, provinces, states and other territorial units. The United States Constitution, to take the obvious case, requires the United States Senate to provide equality of representation for each state, whatever its size. Not only in countries with federal systems but also in some countries with unitary systems, the second chamber is seen as a suitable vehicle for representing regions and other territorial units as distinct from simply representing population. We do not under present circumstances believe that the representation of the nations and regions should constitute one of the primary roles of the new second chamber in this country. In other words, we do not see the new second chamber playing the role of the United States Senate, the Australian Senate or the German Bundesrat. However, the reformed second chamber could have an important role in giving this country’s nations and regions a direct voice at Westminster which they currently lack.

(“A House for the Future” Royal Commission on the Reform of the House of Lords Chairman: The Rt Hon Lord Wakeham DL )

b) Answer the following questions:

1. Is the national legislature in your country unicameral or bicameral?

2. What type of legislature is more preferable for your country and why?

3. Why is the counsel from a wide range of sources important for law making? Is this principle followed in your national legislature?

4. Why should the legislature be “broadly representative”? Is it the case in your country?

5. Why are the chambers in bicameral legislature elected on different bases? Is it true for your country?

6. Do the chambers usually exercise control over each other or over the other two branches of government?

7. How does the system of checks and balances apply to your system of government?

8. Is the upper house in your national legislature a “revising chamber’?

9. How is the problem of the executive domination solved in the countries with unicameral legislatures?

10. In what way is the quality of legislation secured by the two chambers?

11. What powers is the second chamber going to exercise? What powers are exercised by the upper house in your country?

12. Can one of the chambers be “the guardian of the constitution”? What person or body is the term referred to in your country?

13. Which chamber is more powerful in the British Parliament, in American Congress, in your national legislature?

14. Why should regions and constituent units be represented in the second chamber? Should their representatives be appointed or elected?

Task VII. a)Read the text from “A House for the Future” by  Royal Commission on the Reform of the House of Lords Chairman: The Rt Hon Lord Wakeham DL :

Characteristics of the reformed second chamber

The reformed second chamber should be:

·  authoritative;

·  confident; and

·  broadly representative.

It should incorporate:

·  breadth of expertise and a broad range of experience;

·  particular knowledge and skills relevant to constitutional matters and human rights;

·  an ability to bring philosophical, moral or spiritual perspectives to bear;

·  personal distinction;

·  freedom from party domination;

·  a non-polemical style; and

·  the ability to take a long-term view.

Authoritative

The reformed second chamber should be authoritative. It can and should play a vital role in scrutinising the executive, holding the Government to account and shaping legislation. It should therefore have the authority to ensure that its views and concerns are taken seriously. The Commission has proposed that it should retain the power to hold up the enactment of primary legislation and have power to delay the implementation of secondary legislation. It should have the authority to wield those powers.

 It is essential that the second chamber’s authority should not be such as to challenge the ultimate authority of the House of Commons which derives directly from the electorate, through popular elections. It does not follow that there can be no role for the electorate in choosing members of the second chamber. But the greater the ‘democratic legitimacy’ of the second chamber, the greater the risk of damaging constitutional conflicts arising between the two Houses of Parliament.

 It is, however, an error to suppose that the second chamber’s authority can only stem from democratic election. Other potential sources of authority include:

·  the extent to which the second chamber’s members are broadly representative of the changing society which it seeks to serve;

·  the breadth of experience and range of expertise which they possess;

·  their individual personal distinction;

·  the quality of the arguments they can bring to bear;

·  their ability to exercise an unfettered judgement, relatively free from partisan political control.

The members of the reformed second chamber, both collectively and individually, should possess all these characteristics in any case. But their presence will, in addition, contribute substantially to its overall authority and to its ability to make itself heard. A second chamber drawing on such a wide range of sources of authority would be well placed to carry out effectively the roles and functions we have recommended.

Confident

 The reformed second chamber should also be sufficiently confident to use its powers in what it judges to be the most effective and appropriate manner. Throughout the 20th century the House of Lords was inhibited both by its lack of authority and its lack of confidence. The reformed second chamber must be free of such debilitating inhibitions.

 The second chamber should be cohesive. In determining how it should be composed and in considering its working practices, it will be important to ensure that members should be able to work well together, without being troubled by any sense or suggestion that some have a higher authority than others. Without such cohesion it would be difficult to generate the necessary confidence on the part of the second chamber as a whole.

Broadly representative

 The reformed second chamber should be broadly representative of British society as a whole. The House of Commons is obviously representative in that MPs represent their individual geographic constituencies and reflect the electorate’s basic political choices. Nevertheless, there is a gap to be filled. It is not possible for voters to reflect all aspects of their personality and experience through a single vote in a general election. The second chamber could gain significant strength and authority from being seen to be representative of British society in all its dimensions. However, it cannot and should not be a mere statistical microcosm of British society. The long-term aim should be for all sectors of society to feel they have a voice in the second chamber, expressed by a person or persons with whom they can identify. This might be achieved through a combination of:

·  regional representation;

·  gender balance;

·  representation for ethnic and other minorities;

·  vocational representation; and

·  appropriate representation for voluntary, cultural, sporting and other organisations.

The key point is that a more broadly representative membership could provide a vigorous alternative source of authority for the second chamber without threatening the democratic authority of the House of Commons. It could also play an important role in reconnecting ordinary people with the political process.

The reformed second chamber should provide a voice for the nations and regions of the United Kingdom. The people of all parts of the United Kingdom should know that their interests are being spoken for in the second chamber by people with whom they can identify. The level of direct regional representation should be sufficient to enable the second chamber to contribute effectively to the discussion of devolution and regional matters. It might well be raised if developments in the process of devolution or decentralisation make that appropriate.

 The House of Lords has for far too long contained an excessive proportion of white males. Even the present life peerage, although it includes a higher proportion of women and members of minority ethnic groups than the former House of Lords, is far from being representative of British society in either respect. The reformed second chamber should be different. There should be steady progress towards gender balance and a more substantial representation of minority ethnic groups.

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