The Parliament Act of 1911 and the Parliament Act of 1949 were two significant steps toward Lords reform, in that they enabled the Commons to pass bills without consent from members of the Lords, although the latter could still delay or hold-up passage of bills. But even as late as 1997, the reforms have not advanced to a stage where the powers of the upper house was restrained. It is in this context that the reforms under the New Labour regime has to be measured. Starting with its move to remove hereditary peers from the Lords, the government went on to pass the House of Lords Act of 1999, which left a rump of 92 Hereditary Peers among the whole group of appointed Peers till further reform. [10]
Feeling the necessity for a more substantial change to the upper chamber of Parliament, the Tony Blair government appointed the Royal Commission in 1999. Headed by Baron Wakeham, the Commission set forth to consider proposals for comprehensive Lords reform as well as made suggestions toward that end. The Wakeham Report released in 2000 was a product of this effort. In it were laid out more than hundred recommendations that dealt with the structure, organization and dynamics of the House of Lords. The report contained several constructive suggestions for reforming the Lords. The suggestion to set up an Independent Appointment Commission for all appointments to the House of Lords was one such suggestion. It also identified the ideal membership strength for the chamber and the new roles it should assume for strengthening democracy in the UK. Most importantly, the report identified the limitations of any reform project due to the importance of tradition and precedence in British parliamentary and judicial history. [11]
Following the release of the Wakeham Commission report, some of the recommendations given therein were debated in the House of Lords in the following months. The Prime Minister also launched a White Paper as a step toward implementing the reform agenda. In his foreword to the presentation of the White Paper to the parliament, the Prime Minister noted the following:
“The Royal Commission rightly set the issue of membership in the context of functions. The imperative is for a reformed second chamber performing broadly the same functions as in the existing House of Lords but in a more effective manner. To meet this objective the Royal Commission recommended a second chamber with a largely nominated membership, including a strong infusion of independent, non-party members able to bring expertise and experience from beyond the world of party politics….The Government strongly endorses the Royal Commission’s vision of the role and importance of the second chamber. It also accepts the Commission’s broad framework for composing its membership. This White Paper sets out the Government’s detailed proposals and invites comments.” [12]
The consultations and comments elicited by the White Paper had led to several positive changes to the functioning of the country’s institutions. But despite earnest attempts by the New Labour government to carry out its Lords reform agenda, the fact remains that even after a century of reform measures, one in seven members of the Lords are appointed through inheritance. In a legislative system where the second chamber continues to hold significant power, this situation is unfair[13]. Despite clearly identified flaws in the system, and the necessary popular backing for reforms, the government was not able to achieve all its stated reform objectives. For example, toward the end of its rule, the New Labour government had to withdraw its initiative to abolish remaining hereditary peers due to vocal opposition from the Conservatives. The fundamental problem
“for any reformer is the impact major change in membership is likely to have on the House of Commons. The more democratic the second chamber, the more legitimate it will feel and the more likely it is to challenge the Commons. Legislative deadlock between the two Houses holds few attractions. Yet, to some MPs, the very idea of a legislative chamber comprised entirely of appointed members is an affront to democratic principles. This ambivalence lies behind much of the failure by MPs last year to agree any of the options put before them for reform.” [14]