The claim
It’s totally preposterous that we have a second chamber which is basically a plaything for political patronage – if that existed in other countries that were applying to the European Union, we would be saying ‘sorry you can’t have that because it doesn’t conform to European standards of democracy'”.
Nick Clegg, Liberal Democrat leader, 21 April 2010
The background
The Liberal Democrat leader described the House of Lords as a democratic “aberration”. He claimed the 700-strong unelected chamber, with its hereditary remnants, would prevent the UK from joining the European Union, were it to be applying for membership now.
The analysis
Total reform of the Lords is a long-standing Lib Dem policy commitment; and one that Nick Clegg has emphasised by saying the unelected nature of the UK’s second chamber was “preposterous”.
So what do the treaties that make up the EU’s constitutional rules say about unelected second chambers? They are not specific, but rather must be seen in the context of broader principles and values.
The Lisbon Treaty, for example, outlines the EU’s commitment to “developing the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law.”
The Maastricht Treaty hints at the “European standards” mentioned by Clegg, by stating: “The Union shall respect the national identities of its Member States, whose systems of government are founded on the principles of democracy.”
While the Treaty of Nice also sets out the “general objective of developing and consolidating democracy”.
These are lofty ideals, and post-date the UK joining the EU in 1973.
But Clegg’s point was a theoretical one, about Britain trying to join the union now.
It is a matter of legal judgement whether the Lords’ bumper unelected membership of 733 – and the influence it has over legislation – would now be deemed in conflict to the EU’s desire for democracy.
Prof Jeff Kenner, an expert in EU law at Nottingham University, told FactCheck: “If the House of Lords was our only chamber then Clegg’s claim would hold water, but I can’t see how it does in light of our two-chamber system – where the main chamber is elected.
“But in the theoretical situation of the UK joining the EU now, then the European Commission would have to produce a report, and as part of that, decide whether the House of Lords was consistent with the principle of democracy.
“They might say that the Lords would have to meet the democratic commitment – in terms of it becoming an elected second chamber – but they would have difficulty doing that unless existing member states all had wholly elected chambers already”.
So, how many of the 27 EU member states have unelected second chambers? FactCheck has not found many.
The closest comparison with the Lords seems to be with Germany’s Bundesrat, its members are normally members of state cabinets, which appoint them and can remove them at any time.
Germany’s second chamber is unelected, but more democratic than the Lords it seems.
Ireland’s second chamber, the Seanad Eireann, has members appointed without a popular vote.
Spain also has representatives appointed by the regional legislatures, while Slovenia has a second chamber which is not elected, but represents various interest groups.
Of the countries with an unelected second chamber, Slovenia was the most recent addition – joining the EU in 2004. The others, like the UK, are all long-standing members.
The verdict
Clegg’s comments are perhaps a step too far, but certainly the vast unelected House of Lords might raise a few eyebrows at the European Commission, were the UK knocking on the EU’s door now.
