The Daily News. MONDAY, MARCH 27, 1922. SECOND CHAMBER REFORM.
When the Imperial Government, in 1917, appointed a conference to consider the subject of the constitution and powers of the House of Lords, the terms of reference were: To inquire and report (1) as to the nature and limitations of the legislative powers to be exercised by the reformed Second Chamber; (2) the best mode of adjusting differences between the two Houses of Parliament, and (3) the changes desirable in order that the Second Chamber may in future be so constituted as to exercise fairly the functions and functions appropriate to a Second Chamber. In the conclusions arrived at by the conference the only mention made to the law lords is that they are excluded from the one-third section of the whole Chamber to be chosen by a joint committee of both Houses. It has to be borne in mind that the Hojise of Lords, as at present constituted, has both legislative and judicial powers, and that it is for the performance of the latter function the presence of the Lord Chancellor and the Lords of Appeal in ordinary is justified. There is, however, the peculiar anomaly that whereas a Bishop, on resigning his see, ceases to be a “spiritual bird of Parliament,” the Lords of Appeal, who enjoy the dignity of a baron, remain peers for life, while all Lord Chancellors have hereditary peerages. Manifestly the functions of this judicial section of the Second Chamber should be confined to the matters in respect of which they became members of the Upper House. It is, therefore, interesting to note a recent pronouncement in the House of Lords by Lord Haldane to the effect that peers introduced into the House as judges should be sparing of their legislative powers. That such a statement should have been made indicates the existence of a feeling of the impropriety of Judges taking sides in polities. It is generally understood that Judges should hold aloof from all participation in political or other controversies, but in the light of the fact that in many cases (always as to the highest judicial appointments) their elevation is due to political services to the party in power for the time being, it goes without saying that politics, at. least, must bias their views on legislative matters. Hence, the view expressed by Lord Haldane, who is an exLord Chancellor, carries much weight as well as wisdom. It has often been asserted that aspiring members of the legal profession enter Parliament more for the purpose of the lever it gives to ascendancy in their career than for advancing the best interests of the country. That is a phase of human nature readily understood. At the same time Parliament needs the best brains that can be obtained, provided self-seeking does not enter into the personality of members. That is where the danger lies. It is all very well to contend that the stimulant to ascendancy spurs men on to their best efforts, but the Government of a country requires statesmanship, not sijver-tongued oratory or exceptional ability in sustaining a one-sided argument. There is room for lawyers in Parliament and work for them to do. yet the commercial, industrial and social interests, as well as the administrative duties of government, call for practical men of a. broadminded and far-seeing type, in touch with the needs of all classes, endowed with wisdom and experience. and having no axe to grind. More especially is this so ■in connection with the constitution of a Second Chamber, and when the details of the reform of the House of Lords are drawn up they , should certainly embrace a distinct provision for defining clearly the functions of that Chamber, besides providing that the personnel shall be such as to en«nrp those functions being satisfactorily performed. Although the British Government in 1911 declared that the recasting of the existing constitution of the Second Chamber was a matter that (< brooked no delay,” the task still remains to be tackled, with the result that a political crisis was recently created. There is equal, if not much greater, need for the reform of the Legislative Council of New Zealand, the. constitution of which is a political anachronism.
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Taranaki Daily News, 27 March 1922, Page 4
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704The Daily News. MONDAY, MARCH 27, 1922. SECOND CHAMBER REFORM. Taranaki Daily News, 27 March 1922, Page 4
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