My Lords, I support the Bill introduced by my noble friend Lord Dubs. Ever since I became a Member of your Lordships’ House, I have asked myself why we are not allowed to vote in parliamentary elections. In fact, the first Question that I asked, on 17 January 2001, was precisely this: that on the grounds
of human rights and equality of treatment, we ought to be able to vote. The debate that took place following that Question makes interesting reading, because many of the points being made today seem to rehearse some of those made at that time.
Generally, there seem to be two arguments as to why we cannot vote. One is that it is an established practice, reference being made to immemorial law and common-law practice. The other has to do with the fact that we are already here, present and in person, and therefore do not need to be represented. I find both arguments somewhat flimsy. Let me take them one by one.
On the first argument, how did this become an established practice? It is not a law or something to which the House of Lords ever consented. It was a House of Commons resolution passed in 1699. If one looks at the debate surrounding the passage of that resolution, it is clear that in those days of rotten boroughs the Commons were very concerned that the Lords should not be able to influence local elections. It was designed to stop us interfering in the election. The Lords never agreed, were never consulted and were never involved. That resolution is not sacrosanct because it has been amended, first in the Peerage Act 1963 and then in the House of Lords Act 1999. Under the resolution of 1699, no Peer could vote. That was changed in 1963 so that Peers could vote, provided that they were not Members of the House of Lords—and for years, hereditary Peers have been able to vote without any kind of objection, legal or otherwise, so that practice is not sacrosanct. It has been changed and if it could be changed once, it could be changed again provided we are convinced that there is a reason to do so.
I want to argue that there is a reason to do so. That leads me to the second defence of this practice, which is that we are here in person. When I asked that question on 17 January 2001, I was told by my noble friend Lord Bassam that, since we are already here in person and are entitled to voice our feelings and express our views, to allow us to vote in the election would be to give us a unique privilege which is not given to others. I found that argument unpersuasive but during Question Time we are not at liberty to pursue the debate any further. I want to do that now.