Data (Use and Access) Bill [HL]

Debate between Baroness Butler-Sloss and Viscount Hailsham

Consideration of Commons amendments and / or reasons
Monday 12th May 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I am a latecomer to this debate; I have not participated heretofore. I am doing so only because of conversations I had over the weekend. They related to the amendment from my noble friend under Motion 32A. I am not going to oppose my noble friend’s amendment—it may well be right—but I do want to express my anxieties because they were anxieties expressed by my friend who came to see me.

On the judgment of the Supreme Court, I am pretty much in favour of it. I think it was wholly right and I am very glad that the Government are accepting its finality, but it raises problems which I do not think have yet been fully considered, and that is what makes me reluctant to support my noble friend. The friend who came to see me is someone who I have known for a number of years and was born a male. In fact, she married and had a child, and she then transitioned—and transitioned fully—to the female gender and she is fully certificated. We discussed the implications of the judgement for her, and although I strongly support the judgment of the Supreme Court, a number of the points that she made were very troubling, most particularly as regards people who have not fully transitioned and how they are going to be dealt with; for example, in prisons, in hospital wards and so forth.

She then came to a very specific point—which has been touched on by a number of your Lordships—regarding passports. This is a woman whom I have known for 10 or so years. In every material respect, she passes as a woman and that is what I have always treated her as being; she is a friend of mine. Her passport at the moment shows “female”, but where there is the requirement “sex”, she is deeply concerned that the passport may have to be altered to state “male” because that is her natal gender. She raises the question very clearly as to what happens when she goes to immigration control or passport control, either in this country or somewhere else, where there will be a manifest divergence of appearance. On the one hand, there is the passport, which says that she is male; on the other hand, there is what she appears for all purposes. The point that I took away from that is that there are still lots of things that we are going to have to address.

My suggestion to your Lordships’ House is that we should set up a Select Committee in due time—and this House is well versed to do that—to consider what the implications of the Supreme Court judgment are across a broad spectrum of consideration. Therefore, returning to Motion 32A, if my noble friend will forgive me, I am not going to support him today, not because I think he is wrong but because I think it is premature to come to statutory interventions when there is still a lot to be considered. I would be fearful that, if this House accepted my noble friend’s amendments—and they may be right—they would be treated as a precedent that it is at least conceivable we would come to regret.

[Baroness Butler-Sloss (CB)]

My Lords, I wonder if I could go back to the wording proposed under Motion 52A. The whole purpose of it is limited. From a very practical and basic point of view, once the Supreme Court has told us that biological sex is to rule, the points that the noble Viscount, Lord Hailsham, makes, which I entirely understand and sympathise with, really do not arise in this issue. If we are to have data, the data must be accurate. The only point that I am asking your Lordships’ House to consider—this is what the noble Viscount, Lord Camrose, is asking—is:

“For the purposes of this section, sex data must be collected in accordance with the following category terms and definitions”.


That seems eminently sensible. If we do not have it, I see real problems of a different sort from those that the noble Viscount, Lord Hailsham, has raised.

House of Lords (Hereditary Peers) Bill

Debate between Baroness Butler-Sloss and Viscount Hailsham

Committee stage
Tuesday 1st April 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, with regret, I oppose this amendment, despite the fact that I often agree with some of the views of some of its proposers. It seems to me to have at least three quite serious objections.

First, it does absolutely nothing to reduce the numbers in this Chamber—quite the reverse. Together with the numbers already appointed and those likely to be appointed, we will greatly increase the size of this House well beyond the 600 which has often been recommended as desirable.

Secondly and differently, it greatly enhances the influence of party leaders and I really do not want to do that. What if Mr Johnson was the leader of the Conservative Party now? I certainly would not want to give him these unlimited powers.

Lastly, and much the same, it does not address the concerns frequently expressed in this Committee as to the lack of any proper criteria to ensure that the individuals concerned are fit and proper persons or, for that matter, will participate fully in the business of this House. While I can understand the reasons that it is put forward, I think it is a thoroughly bad amendment.

[Baroness Butler-Sloss (CB)]

My Lords, I profoundly disagree, almost for the first time, with the noble Viscount. I put my name to this amendment, and I want to say to the Committee that I am concerned, as he clearly is, about the size of the House. We are the second largest second Chamber, apart from China, and 237 Members of this House have attended less than 20% of the time they should, of which 127 have attended less than 10% of that time. We have leave of absence, and one Peer has had 8.5 years of leave of absence, while others have had several years but remain on the list of Peers who could attend at any time. We now have a system for Peers who do not do anything and do not attend: they could be asked to leave. So far, only 16 have been asked to leave, despite the numbers who really do not attend and do not contribute.

For comparison, we can look at the hereditary Peers in your Lordships’ House. Out of the 88 hereditary Peers that we had until yesterday, two only have failed to do more than 20% of attending this House, which if I may say so compares rather well with the other Peers in this House who do not attend. I attend fairly regularly, as your Lordships will know, and I have noticed over the years that I have been here the enormous hard work of the majority of the hereditary Peers. Not only do they play their part by coming and contributing, but they contribute substantially; they play a valuable part in the work of this House. Among many hereditary Peers, two are more hard-working than many others among us.

If the successive efforts of the noble Lord, Lord Grocott, to get rid of elections of hereditary Peers had been successful, there would be no question about the current hereditary Peers remaining. Unfortunately, it was not accepted, and it is disappointing that it was not accepted. I think that the last Government and the Conservative Benches were at fault in not recognising the writing on the wall, because we would not be here if the Grocott proposals had been allowed.

But in recognising the enormous contribution that those Peers make to this House, it would be very sad if this Government did not do what this amendment asks for. What saddens me even more is that this Government, by taking this particular Bill forward, without offering the opportunity to consider those Peers who do not attend and do not contribute, are allowing them to remain technically as Members of the House, and doing nothing about it. Getting rid of those who do the work and leaving in those who do not seems to me something that the Government should really reflect on, and I ask them to look seriously at this amendment.