Baroness Smith of Basildon
That this House takes note of House of Lords reform.
The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
My Lords, I welcome the opportunity to open today’s debate on Lords reform. It is an issue that is often discussed and debated by noble Lords across the House, because we take great pride in our responsibilities as a scrutiny and advisory Chamber. Through tabling this important debate, I welcome the opportunity to listen to the considered views of your Lordships. That follows the engagement I have undertaken since I became the Leader of your Lordships’ House and, indeed, previously as Leader of the Opposition.
Like other noble Lords, I value the work that we do, and it is of great pride to me to have been appointed as Lord Privy Seal and Leader of your Lordships’ House. It is not a role I ever anticipated holding when I was introduced to this place 14 years ago. I also recognise that this position is different from others in Cabinet because, as the Leader of the House of Lords, I am the Government’s representative in this Chamber but, just as importantly, it is my responsibility to ensure that our voice is heard in government. We—that is, your Lordships’ House—are all custodians of the principles and customs that make this House unique. I take the responsibility of representing the interests of the Lords seriously. I also consider that, at its best, this House is not just complementary to the other place but an asset. It is because of my respect for the work we do that I share the view that this House should continue to evolve and is not merely preserved in aspic. I want to ensure that we are seen as a part of our Parliament that is both highly relevant and highly regarded.
We offered this debate today not just because of the legislation in the other place but because the Government’s manifesto commitments in this area have brought about a renewed focus, inside and outside the House, on Lords reform more generally. There is growing consensus on the need for a smaller Chamber, with a greater focus on active contribution and which is more representative of the country we serve. My sense is that many share that vision. Of course, there are a range of views on how those objectives might be achieved. That is why I have facilitated today’s debate: to provide an opportunity to discuss these issues and to listen to the views of this House. I am grateful to those noble Lords who have already shared their thoughts and ideas with me.
We are more than aware that, when it comes to meaningful reform of this place, there is a track record of stagnation and stalled attempts. There are those who argue that we should not do anything until we do everything but, with no common consensus or agreement on what “everything” means, we have ended up doing nothing. That is why a more incremental approach is an appropriate way forward.
It is why the Government introduced the House of Lords (Hereditary Peers) Bill, delivering on the first of our manifesto commitments, to remove the right of the remaining hereditary Peers to sit and to vote. This ends the transitional arrangements and completes part of the reform that we started a quarter of a century ago. I want to be very clear that this in no way diminishes the respect for individual colleagues or the recognition of the valuable contributions that many hereditary Peers and their predecessors have made.
I admit that I am slightly uncomfortable about singling out individuals, but I am sure we can all agree that, in particular, the noble Earl, Lord Howe—
Noble Lords
Baroness Smith of Basildon (Lab)
I will finish the sentence. The noble Earl, Lord Howe, has been a distinguished servant of this House, serving on the Front Benches in government and in opposition since 1991. I also pay tribute to the noble Earl, Lord Kinnoull, who has diligently served as Convenor of the Cross Benches and as chair of various committees of this House. These noble Lords are just two of the many hereditary Peers who have served the House so well.
The Bill that is due to complete its passage through the other place later today is very specific and focused. It will come before this House to be scrutinised in due course. The Government set out plans for further reforms to the House of Lords in their election manifesto. As I have said, there is an acknowledgement across the Chamber that the House has become too large. At almost every meeting I have had with noble Lords, this has been raised. I have had very thoughtful conversations with the noble Lord, Lord Burns, and with a number of other colleagues, on this matter quite recently. That is partly why our election manifesto referenced a retirement age.
That manifesto included a commitment to strengthen the circumstances in which disgraced Members can be removed and to introduce a new participation requirement, to encourage active participation among Members to support our scrutiny and revising functions. There was also a long-term commitment for an alternative second Chamber that is more representative of the nations and regions.
Given the nature and potential scale of these reforms, the Government will consult further. We will continue to listen to and engage with the views of the House on these proposals; that is why we are having this debate today. I appreciate that there is a range of views, as the manifesto has focused minds on this issue. I think I am right in saying that our manifesto may have been the first to recognise the importance of the work of your Lordships’ House. How we deliver these commitments is important. Some have preferred to express their views to me privately, while others did so during the debate on the King’s Speech. Today’s debate is a further opportunity to hear those views.
In addition to points that noble Lords wish to raise, I would welcome comments on a number of other issues, including how we ensure that all those who sit in this place participate sufficiently in our proceedings. We all have an instinctive view of what participation should involve—and a number of suggestions have been made to me of what that should be—but these views can quite reasonably differ from one noble Lord to another. Obviously, not everybody has to be here all day every day, but we all recognise and expect a commitment to the work of this House. Leave of absence is another area where we can consider whether the rules are currently fit for purpose or there is a case for change.
I would appreciate views on how the House welcomes incoming Members and treats departing Members following retirement. For example, we should consider how we can best introduce new colleagues to our work. We may also wish to consider how best to recognise the contributions of outgoing Members and how to ensure that former Members who wish to do so remain connected to each other and to the House more generally. I have already sought opinions from a number of colleagues as to whether we should set up an association of former Members, as they have in the other place.
I have always felt that this House is at its best when noble Lords, using their experience and professional expertise, often of national or international standing, work together to scrutinise and improve legislation for the betterment of the country and the people we seek to serve. This House has deep historical roots. Our role of scrutinising and revising legislation, holding the Executive to account, has developed over centuries. Change has not always been legislative. This is a House that is also built on norms and conventions, such as the Salisbury/Addison convention and the convention not to veto secondary legislation. There is widespread agreement on the ongoing importance of these conventions, which are recognised and respected by all Members.
It is important that this House continues to reflect on our role as the second Chamber in a legislature that continues to evolve and adapt to reflect the country we serve. It is a collective endeavour to ensure that Members enter this House with the desire to make a valuable contribution and that they are supported to play an active role. We need to ensure that the House is able to replenish the breadth and depth of skills and expertise, and, crucially, that newer Members are given the opportunity to develop their skills and experience as legislators. There will be further discussion about these issues, but the central question is about purpose. How do we ensure that this House can do its best work in complementing the role of the elected Chamber?
Although we should always avoid the temptation of change just for the sake of it, that does not justify endless stagnation or drift. There are careful balances on all these issues. I look forward to hearing what will probably be a range of views and suggestions. I am confident that some will be very ambitious and that others will perhaps be more cautious, but I am sure that this will be a spirited and interesting debate. I hope it will also be useful. I beg to move.
Baroness Smith of Basildon (Lab)
My Lords, first, I thank all noble Lords who have taken part in today’s rather long debate. It has been a significant debate. It has been wide-ranging and largely very thoughtful. We have also had a very wide range of views. I am aware that some noble Lords are fairly new to the debate and new to the House, but others have been round this circle a number of times and have enormous expertise. I thank the noble Lord, Lord Wakeham, for his contribution today, given the expertise he has brought to this issue, and I know the work he has done the past.
I want to try and address as many of the points raised by noble Lords in the time I have. I stress, as I did in my opening comments, that this is not the end of the conversation or the debate on this and we are listening to comments made. I will address first why the hereditary Peers Bill, which has been introduced and now passed in the other place, was the first item. A number of noble Lords misquoted the manifesto today but the immediate issues brought up were the legislation around the right of hereditary Peers to sit and vote in the House of Lords. The manifesto then went on talk about what has also happened. The noble and learned Lord, Lord Keen, can shake his head, but that is exactly true: it is what is in the manifesto. It is very clear in the manifesto that the first stage is about hereditary Peers. Why would that be the case? Why would that be the first item to be addressed? The reason is that the principle on that issue has already been established and acted on back in 1999 when the legislation went through.
Transitional arrangements were put in place a quarter of a century ago. I heard the noble Lord, Lord Strathclyde, and others say how there was a really engaging process at the time. I think others remember it slightly differently. Viscount Cranborne managed to do a deal—I have to say I admire his negotiating skills—where 92 hereditary Peers remained, and not only did they remain but if they left there was a by-election to replace them. That is extraordinary and I pay tribute to him. I have to say that his party did not really like it and he did not last very long after that. I think the noble Lord, Lord Strathclyde, was a beneficiary of his departing from his position. That is where we are at the moment. But in the idea that this would not be the first step in the current reforms when the principle is already established, I think the noble and learned Lord is being a little bit mischievous and he knows it.
I will comment first on the opening speakers from the main groups. I thank the noble Lord, Lord True, for his comments about the spirit of compromise. I do wish, when I had come to see him before on the Grocott Bill in the spirit of compromise, he had taken that same line there. We may not be where we are today had that been the case. He will recall, as will previous Leaders, that I offered to co-operate on that and help the Government see that legislation removing the by-elections through.
By not doing that, we get to the point where we take the same position. We have heard this time and again from the party opposite tonight: “Do not do anything unless you do everything. We do not know what everything is so let us do nothing”. I am sorry but that is not a sustainable position and—
Baroness Smith of Basildon (Lab)
On this occasion, I will take one more intervention, given even the lateness of the hour and the lack of opportunity to progress with my argument.
Lord True (Con)
I was really trying to help the noble Baroness guide her argument because it is not the first step that the House is interested in; it is the final step. What do the Government propose that this House should do and what should it be? Will she please tell the House?
Baroness Smith of Basildon (Lab)
I have to urge patience on the noble Lord. I am at the start of my comments on the debate and the noble Lord seeks to intervene on me within a few minutes. I would urge him to have a bit of caution and patience, but I want to raise another point. He said that this was sprung on us; how utterly ridiculous. It has been 25 years; it was in the manifesto; it was a major part of his comments and those of others on the King’s Speech. This was not sprung. I wrote an article saying, as I have said in the House on many occasions, that if the by-elections continued this would have been a consequence of that. The option was there to stop the by-elections. One noble Lord—I cannot remember who—said that we have stopped the by-elections now. No, we have only paused them until the conclusion of this legislation.
The noble Lord, Lord Newby, had great strength in his arguments. There was consistency of principle but pragmatism as well. He asked whether I still held the view that the House worked best when there were roughly equal numbers between the government party and the Opposition. That is a personal view which I expressed in a Select Committee that he and I both attended. It is hard to get to those exact numbers, but when you have such a great imbalance as there has been over the last few years, the House does not do its best work. I think the House works better with roughly equal numbers. I will return to that in a moment.
I thank the noble Earl, Lord Kinnoull, for his very thoughtful and helpful comments. He has been instrumental in bringing forward papers to look at the conventions of the House over the last year or so, and I am grateful to him for his time on that. He was also the first to try to put some detail on the issue of participation. As I said when I opened, I think we all have an innate understanding of what we mean but quantifying that is quite difficult. I am grateful to him for looking to do so and for his comments on laws and conventions.
A number of noble Lords—including the noble Lords, Lord True, Lord Forsyth, Lord Mancroft and Lord Inglewood—talked about there being a power grab for parties on this. It is quite right that, in recent times, no political party has had an overall majority in this House. That is the right way for us to operate; it will not be changed at all by the Bill that has now been completed in the other place. That will not change as a result. If we look at the statistics of how we operate, currently the Conservatives have 34% of your Lordships’ House; after the Bill being implemented, that would be 32%. On my side, currently 22% of the House are Labour Peers; after the hereditary Peers are removed, it will be just 24%. In fact, the party that gets closest to being reflected most accurately is the Liberal Democrats. There will be very little difference between that party’s representation here and in the other place.
I also gently—or perhaps not so gently—remind noble Lords that after 12 years of a Labour Government, there were 24 more Labour Peers than the Conservative Party had. After 14 years of the Conservative Party in government, there were over 100 more Conservative Peers than Labour had. When I hear weaselly words such as, “We’ve got to stop this Prime Minister making appointments”, I ask: why was that never considered prior to the Bill being introduced?
The noble Lord, Lord Newby, also asked what the Government’s view is of the size and composition. He was right to raise that but the noble Lord, Lord Burns, made a very valid point, which I accept. There is little sense in the House reducing its size, by whatever means, if that is not a sustainable position to hold. I will take that away and reflect on it because the noble Lord is right.
We also have to ask: why do we think a smaller House would be the right thing? There has to be the purpose first, which is not having a smaller House. The purpose is to be more effective in how we operate and what we do. The representations I have had from across the House, from almost every noble Lord who has been to see me, is that they think we would do this better with a smaller House. Indeed, some noble Lords who have since departed said to me that they felt as the House got bigger, they were less able to make the contributions that they wanted to make. It is absolutely right that if Members leave the House, that should not necessarily be to create a vacancy for more appointments.
The manifesto talked about retirement age and participation. I am keen to engage further on this and I am grateful to noble Lords who commented on how that could be implemented. A number of issues were raised and I will take those forward. A point made by the noble Lord, Lord Burns, was that one reason the House has become so large is that you have Members coming in but not departing. He sought to look at that at the time of his report. I think that the noble Lords, Lord Hampton and Lord Inglewood, made similar comments.
Several noble Lords, including the noble Lords, Lord Kerr and Lord Liddle, raised something that has been raised before: decoupling the title and the membership of the second Chamber. There is no doubt that, when noble Lords are given a title, it is recognition of work they have done in the past. But it also has to be an expectation of what they are going to do in the future and the contributions they will make. The two go hand in hand. We want to see an active membership. As I said, that does not mean that every Peer has to be here all day every day. We are a full-time House. Not every Member has to be full-time, but they have to make a commitment to the work of this place.
The noble Lord, Lord Murphy of Torfaen, raised the issue—I think it is an interesting point—of devolved Governments’ First Ministers being offered peerages. The SNP of course does not nominate people to this House. The point made by the noble Baroness, Lady Smith, was that, where there are institutions in which you can make your voice heard, you should do so. I think her party takes a very different position from—I say this in the loosest form—its sister party in Scotland on that one. The noble Lord, Lord McConnell of Glenscorrodale, was the First Minister of Scotland: currently he is the only one from our party. Other parties have made nominations as well. But I think it is a point well made. We want a more diverse House, in terms of a whole range of characteristics, including geography but also age, gender, ethnicity, religion and other issues as well.
A number of noble Lords raised participation. I thank the noble Earl, Lord Kinnoull, for his initial comments on this. I would quite like to have further discussions around the House on this as I do not think there is a consensus on how to move forward. My impression, from the conversations I have had, is that most noble Lords think that this is important, but no one can actually quantify it. What you do not want—I think the noble Baroness, Lady Sanderson, said this—is a perverse incentive to encourage people to turn up or speak when they do not need to speak. But you do want to know that someone is serious about being here.
All of us have expressed concern about those noble Lords—albeit a small number of them—who come in here, sign the book to retain their membership and then walk out and leave. That is not being serious about this House.
Baroness Smith of Basildon (Lab)
It is good to have some encouragement from the noble Lord; it is not always forthcoming.
This comes back to the point the noble Lord, Lord Kerr, made about whether there could be two kinds of title. There are difficulties with that, but I think it is something noble Lords might want to consider. In the manifesto we deliberately were not exact or precise about that. We thought it was something to be discussed by the House and for the House to come forward with something on that. It is about striking the right balance.
I think most noble Lords have spoken in support of the Bill that is going through the House of Commons but have made a number of other comments. Some want us to go further, some sense that it is a first step in the current programme and some are not comfortable with it.
The issue of some Conservative hereditary Peers becoming life Peers was raised. The noble Lord, Lord Northbrook, raised the Earl Marshal and the Lord Great Chamberlain. He is absolutely right; we have to ensure they can properly fulfil all their duties. I have already raised this with the Lord Speaker to ensure that that can happen. We will do nothing that makes it difficult for them to fulfil their responsibilities and constitutional roles. He does not have to table an amendment: we will ensure that happens. I can give him a guarantee already on that one. They will continue to exercise their functions.
The noble Viscount, Lord Astor—who has explained to me why he is unable to be with us for the wind-ups today—the noble Earl, Lord Devon, and the noble Lord, Lord Hampton, raised female succession to hereditary titles. The noble Earl and I have been in correspondence on this. I am sympathetic to his points. It is more complex than I had anticipated. I have made some initial inquiries in this area, and part of the problem is that the original writs of summons—his is much older than anybody else’s—specify that it is through the male line. There are all kinds of issues, including adoption and the expectations of existing heirs. As I say, I am looking into the matter, as he raised it with me, because I know he is interested in it.
The noble Lord, Lord Hampton, said that the removal of the hereditary Peers in that Bill was to clean up politics—that is absolutely not the case. Those are two very different issues, and no one is casting aspersions on individual hereditary Peers.
HOLAC was mentioned by the noble Lords, Lord Rennard and Lord Cromwell. They are absolutely right that there are issues with how HOLAC operates. I am not content to leave this entirely to HOLAC; the political parties have to take responsibility for their appointments and the checks that they are supposed to do. There may be something about HOLAC asking for assurances that those checks have been done. There are discussions to be had on that. HOLAC has an important role for the Cross Benches, which have not always had the appointments that they should have in that regard—even though they are currently larger than the Labour group in this place. The point about the quality of new appointments was well made, but political parties have to take some responsibility for that as well, or face the consequences.
The noble Lord, Lord Birt, mentioned diversity and the composition of the House. He and I have discussed this. If we are diverse as a House, the public can look to the House and see that it better represents the country. I do not know where the noble Lord got the idea of a senate of nations and regions. Our longer-term plans say that:
“Labour is committed to replacing the House of Lords with an alternative second chamber that is more representative of the regions and nations”.
In the meantime, we seek to improve the national and regional balance of the second Chamber. That is a worthy objective and one that we should take seriously. We will take it forward.
A number of noble Lords, including the noble and learned Lord, Lord Keen, asked why we should not bring in a new age limit for the House of Lords now. On the manifesto commitment about Members retiring at the end of the Parliament in which they reach 80, I have to thank my noble friend Lord Foulkes for that suggestion in the first place. He and other noble Lords from the Labour group put that forward.
Baroness Smith of Basildon (Lab)
He may have been younger but he certainly was not more foolish.
I take on board the comments of the noble Earl, Lord Kinnoull, in particular about the cliff edge, and I am happy to discuss that with him further. We want to ensure that, when new Peers come in, they have the opportunity and the time to gain the expertise that others did, so that they can take on those roles as well.
On appointing Peers over 80, there is nothing to say that somebody over 80 cannot play a full part in the role of the House—that is not the issue. It is about ensuring that we reduce the size of the House and that a mix of Members can come in. That is the kind of implementation issue that we will discuss with noble Lords. Some noble Lords clearly were not listening to my opening speech if they thought I did not mention that.
The noble Duke, the Duke of Wellington, mentioned party-political donations and said that some may have bought peerages. This is a serious issue. There is a difference between somebody who makes donations and somebody who is a donor, if that makes sense. Lots of people in political parties make small contributions through their membership, but it would be of concern if somebody were appointed only because they were a significant donor, rather than because they had made a wider contribution to society or because of the contribution they would make in this House. I take the noble Duke’s point on that.
On the point from the noble Lord, Lord Sandhurst, by-elections have not been ended—they have only been suspended for the passage of the legislation. I would have loved them to be ended; we tried many times, but the then Government would not support that.
The noble Earl, Lord Attlee, is right that he and I have always had a good relationship. It is not just because he reminds me so much of his grandfather, but that is not a bad reason to hold him in high esteem as well.
On a final point, a number of comments and criticisms were made of Members in the other place. The amount of time spent on legislation in the other place has gone down, and I regret that, but I urge noble Lords to think about the pressures on Members of Parliament who are elected, the work that they do and the range of their responsibilities. We have one job in your Lordships’ House: to scrutinise and revise legislation. They have a multifaceted job, and I feel uncomfortable when there are criticisms of them that I feel are unjustified.
I am out of time and do not want to detain the House, but a number of Members raised points about looking for a consensual way forward. The hereditary Peers Bill will make its way here, and I hope we have fruitful discussions on it—but going forward beyond that, I am very happy to have further discussions with noble Lords on the kinds of issues that we have raised tonight. It has been a really helpful and mostly thoughtful and respectful debate, although there were a couple of comments that were not. This is one of those instances when we have largely seen this House working at its best. I assure the House that we will put our best foot forward in shaping the reform agenda for this Parliament, and I look forward to hearing more from noble Lords on the issues that have been raised this evening.