With Britain battling both a pandemic and an economic crisis, and bracing itself for the chaos of a no or thin deal Brexit, introducing the idea of Lords reform sounds, at best, out of touch, and, at worst, misguided.
Recent events however suggest that we can no longer afford to ignore it.
First was Lord Kilclooney’s offensive tweet referring to Kamala Harris as “the Indian”. It was enough that it was racist and misogynistic. Pretending that he simply could not remember her name when a Google search would have revealed it in less time than it took for him to write the tweet tells us that it was a calculated move. We already know that black and Asian political candidates face the brunt of online abuse. In July this year Dawn Butler MP closed her constituency office in part because of bricks thrown through the windows, and threats against her and her staff. In this context, the impact of the tweet is a chilling effect on democratic engagement: you are not welcome. The Commissioner for Standards has proved incapable of enforcing any behavioural standard, with Lucy Scott-Moncrieff responding to News Letter on 12th November 2020 that “n this instance, Lord Kilclooney’s conduct on Twitter does not fall within the scope of the Code and it is outside my power to investigate”.
Second was the Conservative peer David Freud’s involvement with five Conservative MPs in a letter to senior judges seeking to influence the decision of Mrs Justice Whipple, the judge tasked with ruling on whether the references made in Charlie Elphicke’s criminal trial could be made public. The secretary to the Lord Chief Justice, the head of the judiciary in England and Wales, responded that it was improper to “seek to influence a judge in a private letter and do so without regard for the separation of powers or the independence of the judiciary”. The matter has been referred to the Commissioner for Standards by Helen Hayes MP.