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04 September 2008 / Mark Ryan
Issue: 7335 / Categories: Opinion , Constitutional law
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The house that Jack built

Reforming the House of Lords: a constitutional quagmire? By Mark Ryan

Jack Straw the secretary of state for justice and lord chancellor, announced the publication of the long-awaited government white paper on reform of the House of Lords (An Elected Second Chamber: Further Reform of the House of Lords, Cm 7438) on 14 July 2008. This paper followed the parliamentary votes in March 2007 on the future composition of a fully reformed second chamber, which had been triggered by an earlier white paper (The House of Lords: Reform Cm 7027). In these votes the House of Commons voted to remove the remaining hereditary peers, as well as simultaneously voting for both the options of a wholly elected and an 80% elected House. The House of Lords voted overwhelmingly, rather unsurprisingly, to approve a fully appointed House. These votes led to the resumption of crossparty talks chaired by Straw who envisaged that a further white paper would be published around the turn of the year.

Composition
The 2008 white paper puts forward only two options for the composition of a fully reformed second chamber:

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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