House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
One of that dozen was somebody who, I must admit, I had not heard of. I will not name him, as I think it invidious to single out individuals, and I understand that he does not enjoy good health. But he is named in today’s Guardian, which points out that he came to your Lordships’ House at the recommendation of the House of Lords Appointments Commission in 2007, did nothing at all in the previous Parliament and claimed more than £27,000 for doing it. There may well be good reason for that, and I just take that as one example to illustrate what we all know is an awkward and inconvenient truth of a phenomenon that can be seen, sadly, on all Benches in this House. If we are seeking to reduce the size of your Lordships’ House and to improve its public standing, I suggest that that is the place to start.
Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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My Lords, it is a pleasure to follow the noble Lord. I fear I have been set a challenge by my Leader to try to get Andrew Lloyd Webber’s lyrics into my speech, but with very little notice, so no one is going to cry for me today.

Before I start, I wish the noble Lord, Lord Wallace of Saltaire, a very happy birthday. I am sure he could think of no better way to spend his birthday than to be in a debate with your Lordships.

Since I joined in 2022, one of my favourite parts of being a Member of your Lordships’ House is the fact that every week I learn something. The calibre of debate in your Lordships’ Chamber is exceptional. When I am asked about it by my friends—who do not necessarily follow our debates as much as they should, although I believe my mother now watches every one—I suggest that, at least once a month, I have the privilege of listening to my own version of a Reith lecture. That is the quality of the debate that we have in this House, from those who the noble Earl, Lord Kinnoull, highlighted as high impact, and from noble Lords across your Lordships’ House. It is a privilege to be part of it, and I welcomed very much that part of the debate.

I thank all noble Lords who have contributed. The debate on this topic has been valuable and insightful. I am aware that the next group of amendments looks at different ways of devising a framework for the changes that have been discussed, so I will try to keep my remarks brief and confined to the attendance requirements outlined.

From debates that we have had in the past, as well as the one we have had today, it is clear that there is broad agreement that Members should attend and participate in the core functions of this House. However, as the noble Lord, Lord Newby, highlighted, that looks very different internally and externally when it comes to quality and the demands that we may make on each other.

I thank the noble Lord, Lord Blencathra, for sharing his data with the Committee and the Government, particularly my noble friend the Lord Privy Seal. It has provided a structure for the conversations that we are having.

As noble Lords will be aware, there are existing measures to remove Peers who fail to attend the House once during a Session, and this Government have indicated their intention to go further in relation to requiring participation. Although this Bill is not the right vehicle to make such a change, this debate has been very helpful in examining the ways in which it might be achieved.

There is rightly a public expectation—and, having listened to the debate today, an expectation among your Lordships—about how Members should contribute. That is why we are developing a new participation requirement, a process which could include looking at the attendance of Peers. It is my hope that we can work together across your Lordships’ House to define what this new participation requirement should look like and how often Members should attend. There are genuine arguments about the quality of attendance and participation, as the noble Lord, Lord Parkinson, highlighted. The range of amendments tabled on this topic and those in the next group, which considers other forms of participation, demonstrates that, although we are not at that point yet, we are focused on finding some agreement. As the noble Lord, Lord Blencathra, stated in his opening remarks, not even he has a firm view.

The amendments that we are debating in this group all identify attendance as the metric through which to judge a Member’s contributions to this place. As we will see when we come to debate the group of amendments concerned with participation, attendance is not the only way in which contributions could be measured. Is a simple requirement to attend the House for a certain amount of time, as proposed in the amendments tabled by the noble Lords, Lord Blencathra and Lord Lucas, the noble Earl, Lord Devon, and the noble Viscount, Lord Hailsham, a reasonable measure of participation, or should we be more specific about the type of activities that need to be undertaken? I will refrain from pre-empting the later debate on this point, but this will be an important matter to consider when we look to clarify what is expected of Members of this House.

Before we consider the means by which we introduce a new participation requirement, I suggest that we should think not about the previous attendance records of the current membership, as the noble Lord, Lord Blencathra, has suggested in his amendments, but about a long-term solution that is fair to Members. A priority is to ensure clarity on what the right and expected level of participation is, whether it be attendance or some more specific contribution, and to ensure that this is adhered to in the future.

Briefly, I thank the noble Viscount, Lord Hailsham, for the series of amendments that he has tabled to further shape the proposals for an enhanced attendance requirement. He has made a number of sensible suggestions that should be considered when addressing the matter of participation, such as whether a Member is on an agreed leave of absence. Any work on this area will need to include reasonable exceptions, such as those identified by the noble Viscount. There is a question about the implementation of any enhanced attendance requirement: should the requirement be comprehensively set out in legislation, or should the detail be left to this House to decide and subsequently set out in our Standing Orders, as proposed by the noble Lord, Lord Lucas?

I will briefly address the amendments tabled by the noble Lord, Lord Blencathra, on the commencement of the Bill—Amendments 101E to 101G. I addressed these amendments during Monday’s debate. They would bring forward removal of the hereditary Peers to Royal Assent of this Bill, and make the noble Lord’s other amendments subject to a further resolution of the House, potentially delaying the measures indefinitely should both amendments be successful. The Government cannot support this change to the commencement of the Bill. The arrangements currently set out seek to balance the timely delivery of a manifesto commitment that promised an immediate reform, while not undermining the business of the House. As I have previously noted, they follow the approach set in the 1999 Act.

It is clear that the Committee wants to discuss this issue, and we welcome the suggestions that have been brought forward as part of that. There is positive momentum behind ensuring that there are clear expectations of Members, but this Bill is not the right vehicle to introduce this change. I therefore respectfully request that noble Lords do not press their amendments.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I am grateful to every noble Lord who has taken part in this debate. Again, as with retirement ages on Monday, we might be seeing some consensus on the proposals from the noble Earl, Lord Devon, supported by the noble Earl, Lord Kinnoull. I will very briefly rocket through the comments of some of those who have spoken.

I take the point made by my noble friend Lord Hailsham on retrospectivity. Others made that point as well and I think it would be possibly better. Well, the House would never approve that in any case—any changes would be for the future. He also made the point that there is a danger that a threshold would cause Peers to come in to speak just to get past the threshold.

The noble Earl, Lord Devon, with his idea of 10% of sitting days in the future, may be on to a winner. Of course, the noble Earl, Lord Kinnoull, again supported that. It was a very good point about the Writ of Summons. It is not something that occurred to me—that the Writ of Summons would suggest that we should attend more frequently than some noble Lords do. I think my noble friend Lord Dundee also said no retrospectivity, and he also supported the 10% agreement in future.

My noble friend Lord Astor said there is a danger that it would encourage people just to turn up. And what about those brilliant young men and women, the executives, who could not afford to do 15 days per annum? I say to my noble friend that a threshold of 15 days per annum is not too high for brilliant whizz-kid young executives. If they boast about doing 18 hours a day in the City, I am sure they could manage to turn up here for 15 days per annum.

Oh—I am sorry. I should say, first and most importantly, a happy birthday to the noble Lord, Lord Wallace of Saltaire.

The noble Lord, Lord Newby, was highly supportive of a minimum threshold level, but I suspect that his strong support from the Lib Dems will not enamour him to my noble friends behind and around me. Nevertheless, he did say that we would need future legislation on this. I say to the noble Lord and other noble Lords: look at my Amendment 32, coming up later, because there I see that, in order to avoid future legislation, we can take a special delegated power, a regulation, to make any amendments the House decides in future without further Acts.

My noble friend Lord Strathclyde also said no retrospectivity, and I think he supported 10% as well. My noble friend Lord Trenchard suggested about 15%, so long as the House does not change its sitting hours, and that is a valid point. My noble friend Lord Hannan made a brilliant speech as usual—tremendous rhetoric—and I agree entirely with him. Having 850 Peers on the books is not a real problem, and it is not a problem if only 450 turn up regularly and the others do not come. They are not claiming any money and there is no cost to the system. But the reason we are here, I say again, is that the Government say it is a problem. The Government say there are far too many Peers. The Government want rid of Peers and their solution is to get rid of 88 hereditaries, 70 of whom do turn up. I suggest it is better, if we want to reduce the numbers, to do it through the measure I propose here.

My noble friend Lord Dobbs supports the noble Earl, Lord Devon, and says that the Government should reach out across the House to try to reach agreement. The noble Lord, Lord Sentamu, criticised having these amendments to the Bill—but, as I said at the start, it is perfectly legitimate to amend any Bill. The Government have drafted it very narrowly. They do not have to draft it narrowly; it is legitimate to amend it.

My noble friend Lord Bellingham again supported the noble Earl, Lord Kinnoull. He liked the idea of excluding those who do not turn up for six months at a time, following the Local Government Bill. It is an idea to be explored. My noble friend Lord Bethell said that parliamentarians need to appreciate—he thanked me kindly for raising this concept—that it is right that Peers do turn up.

My noble friend Lady Lawlor said that the Government should seek consensus across the House. I am grateful that my noble friend Lord Parkinson of Whitley Bay said he found the Excel spreadsheets useful. He made a brilliant and witty speech. But I am not quite sure what percentage he would recommend to the House. If I missed that, I am sure I will be corrected later on. He played a very careful sitting-on-the-fence game, which is an important political skill.

As for the Minister, I like her generally warm welcome for the concept of a threshold, and I think she was being very honest and sensible in saying that. Of course, she says it is not for this Bill. Again, I refer her and noble Lords to my Amendment 32, which may solve that problem.

So I am pleased to have tabled these amendments and I take credit for two things. I think my amendments have provoked and prompted better amendments from some other noble Peers, and of course the Excel spreadsheets have given us all something of substance to talk and argue about. Without those spreadsheets, we would be talking in vague generalities.