Hereditary Seats, Clerical Appointments and Other Anomalies in the British Parliament

Critics point out that the only other nation where religious leaders sit in parliament simply because of their clerical posts is Iran. This is not a comfortable comparison.

Britain’s system of government is as ramshackle as they come – about as dated and dust-ridden as the neo-Gothic monstrosity on the banks of the Thames in which the parliament meets. There’s no British constitution, no foundational document in the manner of India or the United States; there’s been no revolution in modern times, no independence moment, so no re-set of the political system.

Illustration: Pariplab Chakraborty

The whole political edifice is built on a curious mix of custom and statute, and in the darker corners of the parliament persist practices that should have no place in a modern democracy. Take the House of Lords, the upper chamber of Britain’s parliament. This has limited powers and is often described as a revising chamber – providing a finishing touch to the measures approved by the House of Commons. That’s only part of the story. The Lords has real power – to delay legislation, in some circumstances to introduce legislation, and to hold the executive to account. Yet it is not elected, directly or indirectly; it is not remotely representative of the nation it helps to govern; its members are accountable to no one.

Among those eligible to sit in the House of Lords, to speak and to vote, are 26 bishops of Britain’s established church, the Church of England. They are known as the Lords Spiritual and are a well-behaved bunch who keep their noses clean. But the Church of England is a marginal force in public life, and fewer than one person in a hundred attends Sunday Church of England religious services. It is the nation’s church in name only. No other Christian denomination, no other religion, has ring-fenced seats in parliament. 

How can any democracy justify allowing clerics to sit in a national parliament simply because of the religious appointments they hold? Critics of this anomaly point out that the only other nation in which religious leaders sit in parliament simply because of their clerical posts is Iran. This is not a comfortable comparison.

The House of Lords also has more than 90 hereditary peers – men who are members of the upper chamber of parliament simply by the accident of birth. Is there any other parliament which includes hereditary members? Yes, Lesotho in southern Africa.

Most members of the House of Lords are nominated – nominally by the King, but in practice by the prime minister. Some are former elected politicians coming to the end of their careers. Others are generous donors to political parties. A few are men and women who have had distinguished careers in law, business, medicine or the arts. There are even a few scientists. In all, there are more than 800 peers (among the world’s parliamentary chambers, only the National People’s Congress in China has more members), and if they all turned up at the same time – which of course they don’t – barely half of them would find anywhere in the chamber to sit. 

But of course, Britain has a new government, led by the Labour Party’s Keir Starmer. And it’s taking a fresh look at the House of Lords. Legislation to reform the upper chamber passed its first parliamentary hurdle last week. Yet the measure is more an act of political conservatism – making the minimum necessary changes to preserve the existing political dispensation and its underlying power structure – than a means of making parliament fit for purpose. There’s talk of more comprehensive reform in a few years’ time – but we’ve heard that one before.

As part of the government’s proposed changes, the hereditary peers will lose their berths in the House of Lords. That’s being described as Britain’s biggest constitutional reform in a quarter-of-a-century. But that’s all that will change. There will still be no elections for any seats in the Lords, and so no democratic accountability; the system of prime ministerial patronage will remain; and, remarkably, the bishops will keep their places on the benches of the House of Lords. God help us!

Andrew Whitehead is a former BBC India correspondent.

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From Parliament to the Streets, London Takes Note of the Delhi Riots and CAA

Hundreds of Indian students and diaspora took to the streets outside the High Commission of India in London on Saturday in an “emergency” protest, and British politicians have been raising the issue both inside as well as outside Westminster.

London: The anti-Citizenship (Amendment) Act protests and the riots in Delhi are having reverberations in the United Kingdom. Hundreds of Indian students and diaspora took to the streets outside the High Commission of India in London on Saturday in an “emergency” protest, and British politicians have been raising the issue both inside as well as outside Westminster.

House of Commons

On Thursday, Labour MP Khalid Mehmood told the House of Commons that “over the last few days Delhi has been burning at the hands of Hindu extremism” and urged the government to make a statement and debate the matter. Jacob Rees-Mog, the leader of the House, responded with: “The seriousness of what he (Mahmood) is mentioning in the House has not passed the government by.”

It would be wrong to assume that the criticism of the CAA is limited to the Labour party or the Liberal-Democrats. Steve Baker, a Conservative MP who is also closely associated with the influential European Research Group, as early as December 20, 2019 asked in the House of Commons whether the UK government had made an assessment of the effect the CAA would have on the human rights of Muslims in India. Labour MP Lyn Brown asked a similar question in the House of Commons on the same day.

Watch | Delhi Riot Survivors Feel ‘Abandoned and Stunned’: Farah Naqvi

Heather Wheeler, junior minister in the Foreign and Commonwealth Office, replied that the British high commissioner and the deputy high commissioners are following “reports on the continued protests” and “raise issues with Indian officials where appropriate.” Baker has continued to use social media to highlight the anti-CAA protests in India.

House of Lords

A detailed discussion took place in the House of Lords on Tuesday, when the Earl of Sandwich, a cross bench peer, raised the issue. Displaying a close reading of the imbroglio in India, he spoke about the riots and protests in Aligarh and Delhi, and said that “five states” have refused to implement the law.

Referring to India’s founding leaders, he said that “it is doubtful that any of those leaders would be satisfied with the situation today”. He also referred to Khushwant Singh and R.K. Laxman and ended his speech with: “Will the [British] government now urge Mr Modi to carry out a review of the CAA and its effects on Indian society?”

Protest outside the Indian high commission in London. Photo: Ruhi Khan

He was followed by Lord Alton of Liverpool, who described the CAA and the proposed nationwide National Register of Citizens as a “draconian law that is communal and unconstitutional in its nature”. He told the House that “the promotion of majoritarian communalism, based on anti-minority rhetoric, has been evident since 2014, when the Bharatiya Janata Party came to power”.

Lord Alton referred to the role played by the RSS and the need to follow the constitution. “At a time when hate and intolerance are so much in evidence in many parts of the world, often fanned by xenophobic agendas, we must as India’s good friend urge its government not to abandon the high ideals of its constitution.”

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Lord Raj Loomba, defended the CAA and said that it was passed by the Parliament and is “by no means anti-Muslim or discriminatory”. “India is the historical home of Hindus and Sikhs, and it is these minorities who have naturally migrated there,” said Lord Loomba, adding that “no Muslim country would either accept them or give them citizenship.”

Lord Meghnad Desai, one of the longest serving Indian-origin members of the House of Lords, said that there was a conjectural fear in India but it should be borne in mind by the British government that neither the CAA nor the NRC have been implemented. “The fear about this Act, which is quite genuine and has been expressed in a number of demonstrations, arises from what has happened in Assam.”

Other speakers included Lord Singhm who criticised the Indian government and referred to Amit Shah referring Muslims as “termites who should be thrown into the Bay of Bengal”.

Baroness Sugg, junior minister in the Foreign and Commonwealth Office, representing the government accepted that the issue is divisive and that the UK government have concerns about the impact of the legislation. She also quoted Nehru (“whatever our religion or creed, we are one people”) to drive home the point of India being a secular democracy. She said that the British government had raised the issue with the UP administration for the first time on February 6.

Beyond Westminster

On the same day that Mahmood raised the issue in Westminster, Jeremy Corbyn, Labour Party leader, at a gathering said that in India, the human rights of everybody must be respected and protected. He spoke about how Hindus and Muslims “plough the same field, eat the same rice, cook the same dal, they live together and work together. So any citizenship law must respect that diversity, the right of free speech the right of assembly, the right to practise the religion you believe in.” Corbyn indicated that he would raise the issue in June at the UN convention in Geneva.

Also read: Ground Report: Brahmpuri’s Memories of Unity Lie Forgotten on Either Side of Barricades

Other MPs like Zarah Sultana from Coventry South took to social media to liken the Delhi violence to “Gujarat (2002), Mumbai (1992) and Delhi (1984)”. Tanmanjeet Singh Deshi, from Slough, recalled how the “incited violence in Delhi on basis of faith brings back painful memories of 1984 Sikh genocide. We must learn from history, not be fooled by those who aim to divide society, hell-bent on killing and destroying religious places – in the name of religion”. Nadia Wittome, MP from Nottingham East, called the “Delhi pogrom” as “no accident”. “The horrific scenes in Delhi show BJP ideology in action. British Indians will not be silent,” she said.

Another Labour MP, Yasmin Qureshi, wrote a letter dated February 16, 2020 to the Indian high commission saying that “she was deeply concerned that anyone who questions the policy of the government risk being labelled anti-national” and “being subjected to harassment and brutal attack by nationalistic groups.” “I urge you on behalf of thousands of my constituents from the Indian diaspora do not abandon the high ideals of your constitution.”

Outside India House

On Saturday, as hundreds gathered outside India House, joining protests across 17 other cities in the world including Berlin, Brussels, Geneva, Hague, Munich and Paris to expressed solidarity with the victims of the Delhi violence. The protests in London was organised by South Asia Solidarity Group, SOAS India Society, South Asian Students Against Fascism (UK), Federation of Redbridge Muslim Organisations (FORMO) and Co-ordinating Committee of Malayali Muslims.

“The violence in Delhi must not be seen as a riot. What has happened is a state-sponsored pogrom against the city’s Muslim communities,” said the South Asian Students Against Fascism. Catch Watch’s Satpal Muman condemned “the despicable and barbarous actions of all those people who killed innocent” in what was a “well-orchestrated, well planned” action. SOAS India society expressed their anguish over how the rule of law in India “has been suspended” and warned that “if the world does not take note and react urgently, the consequences will be disastrous.”

UK PM Boris Johnson Defeated on Brexit Legislation for First Time Since Election

The upper chamber voted in favour of a move to protect the rights of EU citizens in Britain after Brexit.

London: British Prime Minister Boris Johnson’s government was defeated in parliament on Monday for the first time since a December election, with the upper chamber voting in favour of a move to protect the rights of EU citizens in Britain after Brexit.

Johnson’s Conservatives won a large majority in the lower chamber, the House of Commons, at the Dec. 12 vote and lawmakers there quickly approved the legislation needed to ratify his exit deal with Brussels earlier this month.

The legislation is now passing through the House of Lords, where the government does not have a majority. While the upper chamber is not expected to block passage of the bill, it is seeking to make changes.

Members of the Lords voted by 270 to 229 in favour of a change put forward by the pro-EU Liberal Democrats which would give eligible EU citizens in Britain an automatic right to stay after Brexit, rather than having to apply to the government to do so.

It would also ensure they are given physical proof of their right to remain. The government has said only that people will be given a “secure digital status” which links to their passport.

Last week, European Parliament Brexit coordinator Guy Verhofstadt said Britain had told him it was looking into the possibility of providing a physical document to EU citizens but Johnson’s spokesman said he was not aware of any plans.

The government later suffered two further defeats in the Lords, over the power of British courts to depart from judgements of the European Court of Justice after Brexit.

It is facing another defeat on Tuesday, when members are due to vote on an amendment which would ensure protections for child refugees, a promise made by Johnson’s predecessor, Theresa May, but absent from his legislation.

Any changes to the legislation made by the House of Lords have to go back to the House of Commons to be approved and could still be overturned.

Theresa May Defeats Rebellion in Parliament over Brexit Plans

May saw off a revolt that would have challenged her authority at a time when she is increasingly under pressure to move ahead with all-but-stalled Brexit talks in Brussels by offering a more detailed plan.

London: Prime Minister Theresa May defused a rebellion in parliament over her Brexit plans on Tuesday but only after having to compromise and hand lawmakers more control over Britain’s departure from the European Union.

After winning Tuesday’s ballot over changes to a future “meaningful vote” on a final agreement with Brussels in her EU withdrawal bill, May’s plans to end more than 40 years of membership in the bloc were still on track.

Her concession to discuss the changes may mean lawmakers could have more power if she fails to secure a Brexit deal, possibly leading to a softer approach to Britain’s divorce. However, as things stand now, they will not be able to send the government back into negotiations if they reject an agreement with the EU.

Brexit campaigners still voiced concern that the concession may open the door to the EU trying to force Britain into retaining the closest possible ties with the bloc by weakening the government’s hand in the talks.

Pro-EU lawmakers, however, welcomed it as a signal that the government was moving towards ruling out a hardline “no deal” Brexit.

For now, May saw off a revolt that would have challenged her authority at a time when she is increasingly under pressure to move ahead with all-but-stalled Brexit talks in Brussels by offering a more detailed plan.

The pound traded higher against the euro and the dollar after the votes.

Brexit minister David Davis had earlier warned lawmakers that the government would never allow them to “reverse Brexit” or undermine negotiations.

After the vote, a Brexit department spokesman said: “We have not, and will not, agree to the House of Commons binding the government’s hands in the negotiation.”

The government’s victory was the first major win in two days of debates on its EU withdrawal bill, which will sever ties with the EU, after the upper house of parliament, the House of Lords, introduced 15 changes.

It followed a strained parliamentary session, where the deep nationwide divisions opened up by Britain’s vote to leave the EU in 2016 were on display, with pro-EU lawmakers saying they had received death threats.

Concessions

In a tense atmosphere where it was not clear which way the vote would go, the government secured its victory only after offering concessions to one of the leaders of a group of Conservative lawmakers who were threatening to vote against May.

An hour before the vote, the government’s solicitor general, Robert Buckland, promised lawmaker Dominic Grieve talks on increasing the powers of parliament if May was unable to reach agreement in Brussels. The two then discussed a deal in whispers as other lawmakers made speeches around them. It was sealed at a private meeting between May and potential rebels.

Buckland indicated the government would look into the possibility of adopting Grieve’s push for ministers to secure parliamentary approval for their Brexit plans if they fail to negotiate a deal with the EU. It paid off.

“I’m quite satisfied that we are going to get a meaningful vote on both ‘deal’ and ‘no deal’,” Grieve told Sky News.

But the latest manoeuvre by a minority government that has been forced to compromise with parliament worried some lawmakers who feared it would hand the EU an incentive to withhold any agreement on an exit deal to force a “softer” Brexit.

“This needs to be resolved,” Andrew Bridgen, a pro-Brexit Conservative lawmaker, told Reuters.

The Labour Party’s Chuka Umunna, who backed staying in the EU, welcomed the concession as the end of the government threatening to allow Britain to crash out of the EU without a deal.

Kicking down the road

Earlier, May appeared to have also stemmed a rebellion on Wednesday over her commitment to leaving the EU’s customs union which will transform Britain’s trading relationships for decades to come.

But her parliamentary problems will not stop there. Rebels have said they will challenge May’s plans to leave the customs union during votes on other bills, on trade and customs, which will be brought back to the house some time before July 24.

There is little May can do. After losing her party’s majority in parliament at an ill-judged election last year, she now relies on the support of a small Northern Irish party and the distance between victory and defeat is narrow.

Often she simply puts off votes that could end in embarrassing defeats.

But as time ticks by, she can no longer kick decisions down the road, increasingly under pressure from EU negotiators to come up with detailed positions not only on customs, but also on the wider trade agreement and governance.

The EU is expecting her to have made progress by a summit in June and both sides want to reach a deal by October.

In a day of drama, May’s position seemed suddenly weaker when junior justice minister Phillip Lee, who has long been critical of Brexit strategy, resigned and said he would vote against the government.

Labour’s Brexit policy chief, Keir Starmer, said May had been forced to avoid a “humiliating defeat” and “to enter negotiations with her backbenchers”.

Lawmakers Say UK Needs ‘Implementation Period’ for EU Migration Curbs

“It will take companies time to adapt their business models to be less dependent on EU workers and an implementation period is essential to ensure a smooth transition.”

A tourist carrying a Union Flag umbrella walks in the rain during a spell of wet weather, next to The Tower of London, in London, Britain January 15, 2017. Credit: Reuters/Peter Nicholls

A tourist carrying a Union Flag umbrella walks in the rain during a spell of wet weather, next to The Tower of London, in London, Britain January 15, 2017. Credit: Reuters/Peter Nicholls

London: The British government should agree an implementation period for curbs to immigration from the European Union after Britain leaves the bloc to allow businesses time to adapt, a committee of lawmakers said in a report published on Friday.

The economics committee of the House of Lords, parliament’s upper chamber, also said that without improvements to the accuracy of migration data the government would struggle to control immigration after Brexit as it would be formulating policy “in the dark”.

Concerns over immigration were a key driver behind last year’s vote to leave the EU and the government has made controlling Britain’s borders central to its Brexit plans.

“It will take companies time to adapt their business models to be less dependent on EU workers and an implementation period is essential to ensure a smooth transition,” Michael Forsyth, the committee’s chairman, said in a statement.

The report said the necessary training of the British workforce and investment in new technologies could take a number of years, and businesses would need to retain access to the EU labour market during this time.

The committee also criticised existing migration data, which has a large margin of error, as “wholly inadequate”.

It does not provide an accurate number of migrants entering or leaving the country, or the number of migrants in work, it said, calling on the government to work to improve the reliability of the data before basing new policy on it.

The government has repeatedly failed to meet a pledge to reduce the annual net migration level to below 100,000. In 2016 the figure fell to its lowest in more than two-and-a-half-years but, at 248,000, was still more than double that target.

The committee said sticking with a numerical target risked causing “considerable” disruption to businesses and the economy.

“The objective of reducing migration to sustainable levels should be implemented flexibly and be able to take account of labour market needs, in particular during the implementation period,” it said.

Brexit Plans Unlikely to be Slowed by UK Supreme Court Ruling

A divided opposition could make it easier for Theresa May’s government to proceed with its Brexit timetable despite the court’s ruling.

Prime Minister Theresa May holds a regional cabinet meeting in Runcorn, Cheshire, as she launched her industrial strategy for post-Brexit Britain with a promise the Government will "step up" and take an active role in backing business, Britain, January 23, 2017. REUTERS/Stefan Rousseau/Pool

Prime Minister Theresa May holds a regional cabinet meeting in Runcorn, Cheshire. Credit: Reuters/Stefan Rousseau/Pool

London: Prime Minister Theresa May’s plans to start the process of UK leaving the European Union by the end of March are unlikely to be hindered or slowed by Tuesday’s Supreme Court ruling the government must seek parliamentary approval.

In the ruling, judges on UK’s top judicial body upheld an earlier high court decision that lawmakers had to give their assent before May can invoke Article 50 of the Lisbon Treaty which formally starts two-years of divorce talks.

However, the legal defeat, while an inconvenience and embarrassment for the government, is not expected to delay its Brexit timetable or, as some investors and pro-EU supporters hope, make it possible to stop UK leaving the bloc.

Part of this is because the opposition is divided.

“We will not block Article 50,” Jeremy Corbyn, leader of the main opposition Labour Party which campaigned against Brexit, said last week. “All Labour MPs (members of parliament) will be asked to vote in that direction next week, or whenever the vote comes up.”

Not all Corbyn’s colleagues may go along, but May can get the votes she needs for overall passage.

However, what the decision could do is give an opportunity for Labour and other lawmakers who oppose a “hard Brexit“– an agreement with the EU that puts immigration curbs above access to the single market – to have a greater influence on what the final deal should look like.

Senior ministers in May’s Conservative government, which had been expecting to lose the case, have already drawn up a series of options, including a short, tight bill which will quickly be put before parliament’s lower chamber, the House of Commons.

Although before June’s referendum the vast majority of MPs in the Commons backed staying in the EU, most now say they would back Brexit, especially those in England and Wales whose constituents had strongly backed leaving the bloc.

MPs voted overwhelmingly to support the timetable of May’s Conservative government for invoking Article 50 before April in a non-binding vote in December.

Sources from both May’s ruling Conservatives and the opposition Labour Party have told Reuters there was scope for a bill to be accelerated through parliament, without restricting debate, to ensure it could pass before the end of March.

Labour, though, faces a particular problem as many of its traditional working class supporters voted to leave the bloc and have been wooed in recent years by the anti-EU UK Independence Party.

Whilst not blocking Brexit, Corbyn, who himself was an EU critic for many years, has said he would fight for UK to have full access to the single market “with reasonable management of migration”.

Labour could try to amend any bill to ensure this, attracting support from some Conservative MPs, who oppose a “hard Brexit“, and other smaller parties such as the Scottish Nationalists and Liberal Democrats.

The greatest potential threat to May comes from parliament’s unelected upper chamber, the House of Lords, where many peers remained strongly opposed to Brexit and do not have voters to worry about.

If the Lords were to vote against approving the triggering of Article 50, the Brexit timetable could be severely delayed.

However, the government is confident the bill will pass through the Lords because there would be a constitutional crisis if unelected peers were to thwart the will of the people expressed both through the referendum and from their representatives in the Commons.

(Reuters)