Lord Leigh of Hurley Portrait Lord Leigh of Hurley (Con)
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I am coming to the noble Baroness, Lady Jones, in a minute.

Of course, we would not do that. Likewise, I believe we can respect where we come from and recognise our rich fabric of community by allowing people who are proven to be good at their job and represent how democracy came to this country over centuries, as power was wrestled from the monarchy, to be allowed to continue to have a presence here.

As a meritocrat, I accept the argument that the best people should be appointed to this House, and it is not as if we would start from here by appointing new hereditaries—although my mum keeps telling me that she reckons I am up for an earldom, but I think that is unlikely. I hasten to add that, in my view, as the noble and learned Baroness, Lady Butler-Sloss, said, anyone in this House who does not contribute sufficiently and appropriately should be asked to leave forthwith. This amendment would allow people who are clearly capable, and who have the hugely valuable assets of institutional memory and years of experience, to remain.

I had in my script to say that the noble Baroness, Lady Jones of Moulsecoomb, is right—it is not an expression I am used to, but she none the less makes the point that the hereditaries in this House fought to come in, through an election, because they wanted to serve.

If we are totally honest with ourselves, there is, as the noble Baroness, Lady Mallalieu, said, a certain randomness as to why any of us are here. The little that I know about the appointment process has shown me that it is perhaps more random than is generally recognised. I suggest to the Committee that to adopt the amendment is to do the right thing for people who have served us well and continue so to do.

We are told that poll after poll supports the abolition of hereditaries, and that might be true—I am not so sure. Even if it is, I think most people would accept that there is room for a very small percentage of Members of this House to come from a hereditary background and be allowed to serve their time. This amendment is in another fine British tradition: for a suitable compromise to be acceptable.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, this is an important Bill, and I am sorry not to have spoken on it before, owing to my commitments on the Front Bench at a busy time for the economy. My noble friend Lady Mobarik is right to press the Government on the transitional arrangements. I will focus on two points in that context. The first is the loss of talent and experience that we face, and the damage that that could do to our scrutiny function at a time of great challenge and change in our country. The second is the pressure that will grow for an elected House if all our hereditary Peers disappear overnight, as currently planned.

I have been reading a book called Judgement at Work by Andrew Likierman, a former dean of the London Business School. He defines judgment as

“the combination of personal qualities with relevant knowledge and experience … to make decisions or to form opinions”.

Length of time in a role, or a succession of roles, improves judgment because prior experiences remain accessible sources of knowledge and provide an understanding of success and failure.

We are lucky to have many long servers among our hereditary Peers—280 years of service, in the words of my noble friend Lord Shinkwin. Many also have experience of responsibility outside government and have learned, over time, to cope with complexity and risk, to listen, to work with others and to know who to trust. Those are all ingredients of judgment—soundness of judgment—as well. In view of what the noble and learned Baroness, Lady Butler-Sloss, said, I should add “hard work” as a very important quality that has been demonstrated by the hereditary Peers.

They also come from across the country. We heard from my noble friend Lady Mobarik about Scotland and from my noble friend Lady Foster of Aghadrumsee about the importance of Northern Ireland representation. They provide a good mix, as we have seen today, with other Members of the House who are often from political backgrounds and very focused on the south-east.

To develop the argument, I will cite three examples. The first is our deputy Conservative leader, my noble friend Lord Howe. He has sat in this House for 40 years and is a master of the art of scrutiny in the most courteous and compelling way. When I arrived, he was a Health Minister and the person whom I and most others chose to model ourselves on—effective at the Dispatch Box, in the tea rooms and in Whitehall. More recently, he steered the difficult legislation on infected blood through the House, working across party to excellent effect. All that experience as a Minister of Agriculture, Health, Defence and at the FCO, and in opposition, is helpful to the Government of the day and to the House as a whole.

My second example is the noble Lord, Lord Londesborough, with whom I have had the pleasure of working on amendments to the national insurance contributions Bill. He worked as a foreign correspondent at the start of his career, but he is a serial entrepreneur and was able to produce spreadsheets on the impact of the NICs changes on small businesses he was involved with—which the Treasury unfortunately had refused to provide. It would be a great pity to lose that practical business voice. Some life Peers, including myself, speak in the House with the benefit of business spectacles, but, of course, we get out of date as we cease to be involved with business day to day. Keeping voices such as that of my noble friend Lord Londesborough would help us to reach sound, common-sense judgments from experience.

Thirdly, the noble Lord, Lord Vaux of Harrowden, has an impressive background in finance and he brings that to our debates and committees. The noble Lord, Lord Shinkwin, noted the hereditaries’ important role in committees. I highlight the valuable role the noble Lord, Lord Vaux, played in particular as chair of the House’s Finance Committee. He may not thank me for saying so, as the concept probably will not see the light of day, but he suggested to me the brilliant idea of dealing with the restoration of the Palace of Westminster by building a small US-style service tower in one of the courtyards, no doubt in Pugin style, and then concreting in the basement services. This novel idea would reduce the risk of fire and of asbestos contamination during the renovation and, I suspect, would cost much less. The point is that it shows the value of critical thinking—we must not lose that.

That brings me on to my second theme. I think the current mixture of Peers appointed by successive Prime Ministers, especially if there are not too many of them, Bishops and the historic element, just about works, partly because of the mix of views, experience, age and skills that are represented. Without those who are currently hereditaries, it becomes much more difficult to justify a wholly appointed House. Moreover, giving a lot of power to the great and the good on HOLAC would not help at all. I believe that, if we indulge the brutal decapitation of the hereditary Peers later this year, we will rightly face growing demands for an elected House. Noble Lords should reflect on this and on the discussions today around my noble friend’s amendment before they vote on this Bill. In the words of the right reverend Prelate the Bishop of St Albans, we need evolution, not revolution.

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I remain convinced that there is a way forward, and I hope very much, having listened to this impressive debate, that—informed by the spirit of kindness, compromise, understanding and, yes, respect that has informed this very debate—we may find a way in the period between Easter and Whitsun to reach a generous settlement that respects the interests of all, not least the interests of the whole House, which I think have been eloquently expressed by many in this debate. To such an enterprise, in search of such a settlement and in response to such a call, as we heard so eloquently from my noble friend Lady Mobarik and others today, my door is open and my commitment will be full.
Lord Collins of Highbury Portrait Lord in Waiting/Government Whip (Lord Collins of Highbury) (Lab)
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I say from the start that I know the noble Baroness, Lady Mobarik, and respect her. Certainly, I welcome her contributions to this House, and many times in debates we have been on the same side, which reflects how this House operates. I had to decide whether in responding I should respond to the amendment or to the debate. I have decided that I will follow the Companion and stick to the amendment.

The noble Baroness’s amendment seeks to compel the Prime Minister to recommend 87 new Peers. The noble Viscount, Lord Hailsham, is absolutely right: is that really what we want to do in terms of where we are? I also point out that while the noble Baroness’s amendment says that she wants to mirror the political balance of the outgoing hereditary Peers, there is nothing in it that would guarantee any hereditary Peer remaining in this House, so I am not sure what the last hour has been all about.

Nevertheless, I want to focus. I think the noble Baroness, Lady Lawlor, summed it up—and I agree with her—when she said that we are a country that takes constitutional change gradually. I recall from the Labour manifesto in 1901—I do not recall it; I remember reading about it—that we were seeking then to abolish the House of Lords. We have changed our mind over time. We have reached a sort of view about it. The hereditary principle was addressed over 25 years ago, and the noble Lord opposite has said that it has gone. We do not support the hereditary principle when it comes to this legislative House.

I say to the noble Lord, Lord True, that the transitional arrangements that were made over 25 years ago are now going to come to an end. We have had 25 years to look at a sensible way of dealing with this issue. My noble friend Lord Grocott has offered many opportunities to do it on a gradual basis which have all been rejected, primarily by noble Lords opposite.

We have now reached the point where we have a manifesto commitment to deal with this issue. I understand why the noble Baroness has made her amendment and understand the nature of the debate, but, as my noble friend the Leader of the House has set out many times before, it is for the Prime Minister to make recommendations to the sovereign on new Peers. In doing so, the Prime Minister invites nominations from party leaders across the House, so, again, I say to the noble Lord, Lord True, that there is nothing stopping him making recommendations to his leader to include hereditary Peers in any new list. Why not do that? Why not offer that transitional arrangement? It is not for us to decide who stays in this House. It is not for us to decide whom the leader of the Conservative Party decides to recommend to the Prime Minister—

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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Will the noble Lord just explain how that works for the Cross Benches?

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I was going to come to that point, but as the noble Lord gives me the opportunity, let me say that my noble friend the Leader has addressed that. She is working in consultation and wants to have further discussions about how we address that issue. Certainly, I am confident that we will be able to do so, because I think the Cross-Benchers play a very important role in this House, and the Convenor of the Cross Benches is a hereditary Peer.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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If the noble Lord is prepared to have those discussions with the Cross Benches, what is wrong with the Official Opposition? Why can he not have the same discussions with them?

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I repeat: the Prime Minister of this country has made an offer. In terms of the new Peers that we have recently had introduced into this House, the Conservative Party was offered more than Labour was ever offered in previous nominations. It is a very important point: the simple fact is that, if the leader of the Conservative Party wanted to nominate hereditary Peers to life peerages, they can do so. This amendment—

None Portrait Noble Lords
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Oh!

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I do not mind being interrupted, but what is the point?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The Deputy Leader of the House knows that that is not the case. The leader of the Opposition can make nominations when the Prime Minister graciously allows her to do so. It is entirely up to the Prime Minister when and how many.

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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Correct, and you have just had six; you could have nominated hereditary Peers as life Peers. There was nothing stopping you—nothing. The important point is that we have had opportunities to deal with this issue over the last 25 years and have not done so. As a consequence, Labour put in its manifesto a clear commitment to deal with the hereditary principle once and for all, which is what we have before us in this very short, simple Bill.

Let me just address this point. The Prime Minister also invites the House of Lords Appointments Commission to make nominations to the Cross Benches. In deciding the number of these nominations, the Prime Minister considers a range of factors, of course, including the political balance of the House. Certainly, retirements and other departures mean that new Peers will always be needed to ensure the House has appropriate expertise and, as has been said before, there is no reason why hereditary Peers cannot be nominated in future lists. Political parties have the opportunity to do that. My noble friend the Leader has recognised the special position of Cross-Benchers and committed to discuss it with the relevant parties. That is the commitment she has made.

If the noble Baroness, Lady Mobarik, is concerned with the party balance of the House, I remind your Lordships that even if this Bill is passed the Government Benches will make up 28% of this Chamber, compared to 31% for the party opposite. As my noble friend the Leader has said before to your Lordships, this House functions best when there are roughly equal numbers between the two main parties; I stand by that. As I have said to the noble Baroness, there are many occasions when we operate on a cross-party basis. I do not see that this Bill will change that one bit—far from it. It will bring about a more sensible balance in this House.

With respect to the noble Baroness, Lady Mobarik, this amendment is unnecessary. It is not appropriate for this Bill and I respectfully request that she withdraws it.

Lord True Portrait Lord True (Con)
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The noble Lord has returned to the question of numbers, completely ignoring the points I made about other ways of addressing that. I set that to one side but, as I understood it, his concept was, “Well, you”—I do not think that he can have meant me—“can send some people here if you want to”. The Government are about to expel 44 of our people. Is the noble Lord saying that the leader of the Opposition can name 44 who will come straight back? That appeared to be the logic of his position. Will he answer the specific point on numbers? The Prime Minister decides the numbers; that is the fact.

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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Certainly I know that is the case, and we found that out the hard way in the past 14 years. But can I just say—and the noble Lord knows this—we are dealing with an imbalance at the moment? He keeps talking about how many Conservative Peers are hereditary, but that is not the question in this Bill. The question in this Bill is about the principle of hereditary Peers, not about whether they are Conservative. In fact, so much of the debate has been about how they are not political and not partisan, but then the noble Lord keeps repeating how many of them are Conservative.

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Baroness Mobarik Portrait Baroness Mobarik (Con)
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My Lords, first, I thank all those who have participated in this debate and shown their support for the intention behind my amendment. I am disappointed that the noble Lord, Lord Collins of Highbury, decided not to respond to the debate as such. I thought that that was the purpose of Committee stage.

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I am hesitant to interrupt the noble Baroness, but there is one hereditary Peer whom I do miss greatly, and that is the Countess of Mar. She would have jumped up many times and said, “Please, your Lordships, speak to the amendment” —and that is what I was trying to do.

Baroness Mobarik Portrait Baroness Mobarik (Con)
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Thank you—I shall remember that on the next occasion.

There have been so many notable speeches today, but time does not permit me to mention all of them. I think that this debate has shown that we on these Benches, joined by others across this House, are not trying to hold on to the hereditary principle but want to hold on to our hereditary colleagues. I strongly believe that my amendment would provide a civilised, mannerly and appropriate way in which to manage ourselves, in keeping with the customs and courtesies of our great House.

There is clearly widespread support for some kind of transitional arrangement, and I sincerely hope from the bottom of my heart that the noble Baroness the Leader of the House will reflect on this very carefully and take my noble friend Lord True up on his very fair and reasonable offer before Report. In the meantime, I beg leave to withdraw the amendment.

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Lord Hermer Portrait The Attorney-General (Lord Hermer) (Lab)
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My Lords, I thank the noble Lords, Lord Wolfson and Lord Northbrook, for their amendments, and all noble Lords for their contributions. These amendments seek to provide how peerage claims in the future will be dealt with. As the noble Lord, Lord Moynihan, pointed out, from his own personal experience, there is a need for clarity. In the Government’s view, with respect, that will not be achieved through these amendments, but I hope that this address to your Lordships can provide the clarity that is sought.

I start by providing a brief overview of the Government’s intention for peerage claims, starting with the process as it currently is, as was set out by the noble Lord, Lord Wolfson. As many of your Lordships will know, a peerage claim is when a person seeks to be formally recognised as the holder of a title of a hereditary peerage. Usually, it is the case that the claimant of a peerage is the undisputed heir and is entered on to the Roll of the Peerage following an application to the Lord Chancellor. However, as the experience of the noble Lord, Lord Moynihan, illustrates, if the Lord Chancellor refuses—for example, if the claim to title is not immediately made out or the claim is disputed or complex—a person can pursue it by way of petition to the Crown.

Currently, these petitions are referred to the House of Lords to advise the Crown on how to determine the claim. As a matter of high principle, since the Bill removes the final link between hereditary peerages and membership of your Lordships’ House, the Government consider that it is no longer appropriate for hereditary peerage claims to be considered by your Lordships’ House. Clause 2 therefore removes such jurisdiction from this House.

In future, the intention is that any complex or disputed peerage claims, which would have been referred by the Crown to this House, will instead be referred to the Judicial Committee of the Privy Council. The Judicial Committee’s constitutional role is to advise the sovereign, so it is ideally placed to consider these matters. In answer to the question raised by the noble Lord, Lord Wolfson, the position will be precisely the same in respect of disputed Irish peerages.

With those principles in mind, I turn to the amendments. Amendment 93, tabled by the noble Lord, Lord Wolfson, seeks to set out a new process for making claims for hereditary peerages by replicating the provisions of the House of Lords Reform Bill of 2012, which, your Lordships will remember, did not proceed. There are two reasons why we do not consider it appropriate.

The first reason is that it seeks to provide an express power to refer claims to the Judicial Committee of the Privy Council. However, that power already exists in Section 4 of the Judicial Committee Act 1833, which provides that His Majesty may refer matters to the Judicial Committee for consideration and advice. I am sure noble Lords would agree that, where it is unnecessary to duplicate legislative provisions, we should avoid doing so.

The second reason is that the amendment is based on disproportionality, as it would require all peerage claims to be made to His Majesty in Council, rather than through the filter of a first application to the Lord Chancellor, as the royal warrant provides for. It would place a duty on the Judicial Committee to deal with all peerage claims, including straightforward claims that are not currently considered by your Lordships House.

The amendment would therefore result in a significant increase in claims already considered beyond the stage of consideration by the Lord Chancellor to be entered on the Roll of the Peerage. It would lead to an increase in work of the already hard-working—indeed, overworked —Judicial Committee of the Privy Council. Based on recent figures, the amendment would result in the Judicial Committee having to consider an average of 12 claims per year. By contrast, the House of Lords has considered only seven complex claims over the course of the last 50 years. It would be a very considerable increase in business for the Judicial Committee, and, with respect, it would be disproportionate to place that burden upon it.

Amendment 93A, tabled by the noble Lord, Lord Northbrook, seeks to place a duty on the Judicial Committee to

“seek the advice of and evidence from Garter King of Arms … and the Lord Lyon … when determining peerage claims”.

The royal warrant of 2004 established the Roll of the Peerage, which is prepared in consultation with Garter and the Lord Lyon. The warrant also outlines the first stage in the peerage claims process, which is an application to the Lord Chancellor to be entered on the Roll of the Peerage, which the Lord Chancellor may refuse or accept. Following such an application, advice is sought from the Garter King of Arms or the Lord Lyon, who prepare a report on the claim and make a recommendation to the Lord Chancellor. The noble Lord’s amendment would place a statutory requirement on Garter or the Lord Lyon to advise the Judicial Committee. However, that is not necessary, because the Judicial Committee will already have access to the reports of the Kings of Arms during any consideration of the claim. For those reasons, the amendment would place what we consider to be an unnecessary and duplicate burden on the Kings of Arms.

I hope that I have answered already the noble Lord’s question as to why it would be appropriate for these matters, where they are disputed, to go to the Judicial Committee of the Privy Council rather than to the Supreme Court. In essence, it is because the Judicial Committee of the Privy Council is, constitutionally, the appropriate place for the monarch to refer disputed claims. Therefore, we consider it to be the appropriate body, not the Supreme Court.

In answer to the question asked by the noble Baroness, Lady Meacher, as to when the last hereditary Peer will be able to sit in your Lordships’ House, as your Lordships will know, the aim of the Bill is that that will happen at the end of the Session after Royal Assent.

Grateful as we are for the amendments tabled by the noble Lords, we respectfully ask that they consider withdrawing them.

Lord Northbrook Portrait Lord Northbrook (Con)
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My Lords, I thank the noble and learned Lord the Attorney-General for his detailed and considered reply. I beg leave to withdraw my amendment.

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Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I must disagree with the noble Lord, Lord Newby. If there is a misconception here, it is about the continuing presence of our hereditary colleagues in your Lordships’ House. They were not kept here by some form of transition, as the Deputy Leader of the House put it in an earlier debate; they were kept here because, in the debates at the end of the last century, nobody could answer the fundamentally important question of what this House is for, how it ought to be constituted and whether there was a better route to come here than the route by which we have all come, in our different ways. We were kept here as surety to ensure that the reform process that the then Labour Government embarked on would continue. They had a further decade in power after 1999 and brought forward no further measures, which is why so many of us on this side are sceptical about the speed with which they will bring forward the further reforms that they proposed in their most recent manifesto. So this is a very important group of amendments because, as Amendment 95 puts it, it is about the impact of this Bill on the effectiveness of the House of Lords.

The Government, like the noble Lord, Lord Newby, have cast this Bill very narrowly and argued that this is a tightly focused Bill. In some ways it is too narrowly cast and too tightly focused. It ducks the questions of what this House is for and the questions that flow from it about how it should best be composed. But, although narrow, the Bill will have serious and sweeping impacts on this House of Parliament. As my noble friends Lord Hamilton of Epsom and Lord Swire put it, this Bill puts the cart before the horse. It avoids those questions and seeks to enact a very important change based on a misunderstanding of the position from the late 1990s.

Throughout this Committee, we have heard concerns raised from all corners of your Lordships’ House that this Bill will leave us a less effective legislative Chamber. Ministers have disagreed with the concerns that have been raised. Well, here is their chance to prove it. If those of us who have expressed our concerns are wrong, these reviews will be the opportunity to prove us wrong.

I believe that the fears we have heard in this Committee are well-founded. Our hereditary colleagues attend your Lordships’ House more frequently than life Peers. They play a more active role, not just in the Division Lobbies and in the Chamber but in our committees, on the Woolsack and in convening the Cross Benches. As my noble friend Lord Shinkwin put it in our debate on the first group, armed with the data that the Library has provided him, our hereditary colleagues play a valuable and active role in the functioning of your Lordships’ House. The noble and learned Baroness, Lady Butler-Sloss, said in that debate, “Why are we thinking of removing those who work the hardest while leaving those who do not?”

I am sure the Deputy Leader will say that all these questions about participation and activity can be addressed later. Again, these amendments are an opportunity for him to do that. At no point in this Committee have we had any commitment from the Government about when they plan to turn to the next parts of the reforms that they proposed in their manifesto. Ministers have not even committed to do so by the end of this Parliament. So I share the concerns that my noble friend Lord Hailsham has raised: that we will be waiting another decade or longer to see the further reforms that noble Lords have called for throughout the course of these debates.

My noble friends’ amendments in these groups would give us the opportunity to review progress after 12 months, on the timetable proposed by my noble friend Lord Dundee, or two years, in the timeframe proposed by my noble friend Lord Lucas. It would also be an opportunity for us to review what we have lost. We have heard in the course of these debates how our hereditary colleagues bring valuable experience from their work in business and agriculture, two areas where on the Government’s record it is clear that they have something of a blind spot, and it is important to have those voices raised in this scrutinising House of Parliament.

I am sure the Deputy Leader will seek to persuade us that, once again, our fears are misplaced and that these amendments are unnecessary, but I urge him to look seriously at these amendments, which call for modest but important reviews. The Government listened to the concerns that were raised in your Lordships’ House in our debate on the Football Governance Bill and gave us a statutory review of that new regulator after five years. I know football is something that attracts a lot more attention than reform of the House of Lords, but I think the constitution of our second legislative Chamber is about as important as the beautiful game. I hope the Deputy Leader will look at this and consider giving us a review in this Bill as well.

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I do not think the Arsenal kick-off is quite yet; I have another half an hour or so.

I am not going to repeat all the arguments from the first group. We had an extensive debate about that, so I am not going to go through it. But, in relation to the challenge that the noble Lord has just made, we have had a transition for over 25 years. As the noble Lord, Lord Newby, said, there were attempts to make fundamental changes, but they all hit the fundamental problem of “Don’t do anything until you do everything”. That is the problem here, and it is not going to be resolved by royal commissions and other bodies. I have seen those royal commissions, and they tend to mean long grass and do not build consensus.

The amendments in this group relate to types of formal review. In some cases, they would make commencement of the substantive provisions in the Bill conditional on such a review. I note that the Committee has discussed similar amendments in previous groups. Given that, I hope noble Lords will forgive me for repeating the words of my noble friend the Attorney-General: these amendments are unnecessary and disproportionate.

Amendments 95, 96, 98, 99 and 102 are concerned with the imposition of a duty to review the impact of the Bill following implementation. I stress again that the impact of the Bill is straightforward—no one can see it as complicated—and post-legislative scrutiny would likely not yield any more meaningful conclusions.

Amendment 95, tabled by the noble Lord, Lord Lucas, would require the Secretary of State, within two years of this Act being passed and annually thereafter, to publish

“a report on the impact of this Act on the effectiveness of the House of Lords”

at discharging its functions. As my noble friend the Attorney-General pointed out last week on a similar amendment to this, tabled by the noble Lord, Lord Inglewood, placing a duty on the Government to undertake reviews until the end of time feels disproportionate in these circumstances. There is also an implication that our hereditary colleagues are intrinsically better able than life Peers to help the House to carry out its functions. As I said on a previous Committee day, who are we judging here? Are we judging life Peers as being inferior, not able or not committed?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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It is empirical. The data show that our hereditary colleagues currently come here more often and participate more. That is not a slight on those of us who are here as life Peers, but does the Deputy Leader not accept that the data show the valuable contribution that they make to the work of this House?

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I do not think the data show what the noble Lord is suggesting. It is a marginal change—1% or 2%. The simple fact is that, when you start implying that some noble Lords are better than others, I am afraid you are implying that life Peers somehow make less of a contribution. They do not, and that does not help us in terms of what we are trying to achieve here. The idea that our hereditary colleagues are intrinsically better does not help the House to carry out its functions. It does a disservice to the contribution made by life Peers on all sides of the Chamber, particularly our Cross-Bench Peers.

It is important to point out that there was no legislative scrutiny following the passage of the 1999 Act, despite that legislation removing a significantly higher number of Members from your Lordships’ House. This was because it was not necessary. The House continued—

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The reason why a certain number of hereditary Peers were kept here in your Lordships’ House was to perform that post-legislative scrutiny. Again, the Deputy Leader has suggested that this is the ending of a transitional phase, removing those who were kept here to try to keep the last Labour Government on their toes about reform. If this is the end of a transition, can the Deputy Leader tell us what we are transitioning to?

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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As I said, the Leader of the House and others have acknowledged that what we did in 1999 was remove the hereditary principle. As my noble friend Lord Grocott has said on a number of occasions, that was not simply a mechanism to ensure transition; it was about saying to the Labour Government, “You won’t get your business through if you don’t keep these hereditaries here”. That was the reality, as my noble friend made clear in previous debates.

We have had over 25 years since the removal of the hereditary principle while maintaining 92. The Opposition had the opportunity on many occasions to support my noble friend so that those hereditary Peers could have stayed, but no: we ended up electing further hereditary Peers who were much younger and had no record of experience—as the noble Lord suggested—prior to their election by a very small number of people. The reality is that we are trying to defend the indefensible. We have a clear commitment in our manifesto.

By the way, there was no legislative scrutiny—I will come on to other commitments in our manifesto—but it is disingenuous of noble Lords to say that somehow they do not believe what we are saying. The proof of the pudding will be in the eating. I assure noble Lords that we will commit to that.

Amendment 96 from the noble Earl, Lord Dundee, would place a duty on the Government within 12 months of the Bill coming into force to produce a report dealing with its effects, including on devolved Governments, the Commonwealth, members of the Council of Europe and the rest of the world. As I have said, the impact of the Bill is very clear and I submit that, contrary to our propensity to talk about ourselves, the implications of the Bill are unlikely to be felt substantively throughout the international community.

I say to the noble Viscount, Lord Hailsham—I have said this many times before—that the Government are committed to reforming the House of Lords, as set out in our manifesto. As my noble friend the Leader of the House has said in previous debates, the Government are keen to engage on how best to implement the other manifesto commitments by building consensus and understanding the needs of this House. She will come forward with proposals for doing this in a structured way.

Noble Lords are also aware of our longer-term commitment to consult the public on an alternative second Chamber. In light of this comment, I ask the noble Lord to withdraw the amendment.

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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I thought I had commented on it at the beginning. The simple fact is that the idea that you do not do anything until you do everything is not acceptable. It has not worked. We have introduced a staged process of reform. This is the first part of that reform—clearly stated in our manifesto—and we will move on to other aspects of our manifesto commitment in consultation with Members of this House. I ask that the Member withdraws the amendment.

Lord Lucas Portrait Lord Lucas (Con)
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My Lords, I am grateful to noble Lords who have spoken on their other amendments and to the noble Lord, Lord Collins, for his response. I was here for the previous Bill, of course, and can tell the noble Lord, Lord Collins, that his Front Bench was a great deal more convincing then about the inevitability of rapid progress to further change than his Front Bench is being now. We have heard nothing of ideas or substance from the Front Bench. It feels to me, just like it has on every previous occasion, that this will not happen.

Under those circumstances, something like Amendment 11 from the noble Lord, Lord Newby, is crucial. The noble Lords, Lord Cromwell and Lord Blencathra, have explored mechanisms that may be combined quite well with Amendment 11 to make it more effective. Something along those lines is what this House should send back to the other place so that the momentum for change is reinforced and, as far as possible, this House retains a degree of initiative in pushing that forward.

We need change, as the speakers to this group of amendments have said. We need that progress towards change to be public and believable, and we are not getting it at the moment. For the moment, I beg leave to withdraw this amendment.