House of Lords (Hereditary Peers) Bill

Debate between Baroness Berridge and Earl of Dundee

Committee stage
Wednesday 12th March 2025 Lords Chamber

[The Earl of Dundee (Con)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Moore. I very much agree with everything that he has said. I refer to Amendment 78 in my name. Within a reformed House, this is for the Lords spiritual to continue under their existing statute with their current numbers of 26 reduced to 20.

Two points should perhaps be emphasised: first, and in general, the importance of having non-political Benches and groups in a reformed House; and, secondly, in particular, the case for retaining enough Bishops in order for them to carry out their rota systems in the House of Lords, these being necessary in view of the heavy work commitments of bishops outside Westminster and the House of Lords.

The quality of the present House is its independent-mindedness over party politics. That attitude may apply to all our Benches. However, with Cross-Benchers and the Lords spiritual, we are fortunate in having as many as two Benches that are non-party political in any case, that benefit being unique and unshared by other Parliaments. That is why, and in this context, my noble friend Lord Hailsham might feel able to concur that our Bench of Bishops should remain within a reformed House: not just to lead it in prayer but to influence its debates. Equally in this context, my noble friend Lady Berridge may feel able to agree that Bishops in continuing to sit here should not have to be dependent on HOLAC, not least since their existing statute already enables them to be here in their own right.

A Bench of Bishops numbering 20 would be 3% of a reformed House of 620, of which 600 might be temporal Members. Yet with their heavy Church commitments beyond Westminster, perhaps my noble friend Lord Blencathra might agree that the rota system for attending to House of Lords duties would become unreasonable and under increasing pressure if their numbers were to reduce too much below 20.

[Baroness Berridge (Con)]

My Lords, I rise to speak to Amendment 90B in my name in this group, and I am grateful for the relaxation of the rule so that one can speak in Committee having not been able to be here at Second Reading.

This simple amendment would bring into force the evidence of the chair of the House of Lords Appointments Commission, the noble Baroness, Lady Deech, to the Public Administration and the Constitutional Affairs Committee of the other place in her pre-appointment hearing on 24 October 2023 in which she said that,

“every nomination ought to be checked, even if it is a bishop or a hereditary peer”.

As I am sure noble Lords will be aware, under the public bodies rules, the noble Baroness is not permitted to contribute today.

The appointment of a bishop or archbishop, and their suitability—to use the language of nominations by the Prime Minister or the Leader of His Majesty’s loyal Opposition—are, of course, matters for the Crown Nominations Commission, but propriety checks matter for the integrity of the nation’s legislature and its safety. From recent reports in the media about HOLAC’s decisions—of course, decisions are confidential—it seems to be exercising that propriety muscle. What we know is that there are those who by convention would have joined your Lordships’ House who have not been given a peerage.

I wish to make it clear that this amendment would not affect a nomination by the Church commission—that is a Church matter and outside the scope of the Bill. The amendment would mean that a Writ to come to Parliament would not be issued unless HOLAC had done its propriety checks, checks that, as far as I understand it, even the Chief of the Defence Staff undergoes to come to the Cross Benches. I am, of course, aware that a non-statutory body, HOLAC, preventing a Writ of Summons being issued would be unusual, but I hope this amendment will serve to promote discussion of this important principle. How it is achieved in practice is perhaps a matter for another day.

Sadly, this safeguarding issue relating to bishops has come to the fore with the recent resignation of the Bishop of Liverpool, who would have become a member of the nation’s legislature without any propriety checks by HOLAC. Of course, I must state that those were merely allegations that have been refuted, but there remains confusion about how the proceedings of the Crown Nominations Commission of the Church of England were conducted, and there are allegations, again refuted, that pressure was put on the CNC during that process. I note that HOLAC’s checks are not just for criminal matters, so it could have been appropriate for that independent body to look at such a case prior to the issue of a Writ. Yes, this amendment would mean that there could be a diocesan bishop entitled to come to your Lordships’ House who was not accepted by HOLAC, but that in itself makes clear the different roles of HOLAC and the CNC, and the role of Parliament, which is sovereign, as distinct from the Church of England. Who is safe to be in Parliament should not be delegated to a body from any other institution, despite any assertions of how good the CNC is.

The case of the Bishop of Liverpool and the failure last month, for, of course, unknown reasons, of a Crown Nominations Commission to appoint a Bishop of Durham, who would have come straight into your Lordships’ House—of course, CNCs have to be private—highlight the problem for Parliament: why did that person withdraw? Were there safeguarding issues? Was it the process? We just do not know. I hope His Majesty’s Government will consider this matter seriously.