House of Lords (Peerage Nominations) Bill [HL]

Baroness D'Souza Excerpts

2nd reading
Friday 18th November 2022 Lords Chamber

[Baroness D’Souza (CB)]

My Lords, as we have heard, incremental changes fare far better than radical reform. Those who believe that the Lords is still mired in the 19th century, if not earlier, now acknowledge evidence of modernisation. We have retirement clauses, standards and monitoring of those standards, and topical Select Committees. On the whole, Peers believe themselves to be working Peers in a 21st-century legislative Chamber, not members of a club. We have the independent Appointments Commission which, in an advisory role, assesses the suitability of prospective Peers and vets the Cross-Benchers.

These incremental changes need protection. They are not set in stone and can be bent to an existing, or future, prevailing political will. The Bill aims to extend and entrench in law the role and function of HOLAC. It simply asks that HOLAC, which does an unenviable job well and with scarce resources, has the right to decree that candidates who come before it must meet the criteria of conspicuous merit and a willingness to work on scrutiny and revision of legislation, and show evidence of probity, more narrowly defined than at present. Decisions would be binding on the Prime Minister of the day.

Undoubtedly, if enacted, the Bill would encroach on the existing unfettered power of the Prime Minister. However, that would in fact occur only very rarely. The commission has let it be known that it is in only a small handful of cases that there has been any question of suitability. However, these few cases are important because they—perhaps disproportionately—provoke much adverse media comment and thus affect the public perception of the House of Lords. A Prime Minister who appoints dubious characters or rides roughshod over HOLAC advice dishonours the House of Lords. A legislative chamber subject to ridicule by the media is easier to dismiss whether by the public or the Government. At present, the Prime Minister can control and undermine the House of Lords simultaneously.

Over the last 20 years and more, the culture within and without Parliament has changed, which argues in favour of a review of the HOLAC terms of reference and working practices. The original vetting criteria are narrow and do not take into account factors such as qualifications, suitability or availability. A review could include redefinition of what constitutes a “working Peer”, as well as a formula for addressing the number and balance of Members of the political and Cross-Bench groupings, possibly based on the proportion of votes cast in a general election.

Were HOLAC to become a statutory body, details of its members, methods of recruitment and working practices would be transparently set out in statute, allowing it to carry out its duties with confidence. The current chair of the commission, my noble friend Lord Bew, pointed out in his evidence to the Commons Public Administration and Constitutional Affairs Committee that even if statutory status were to be achieved, it would not immediately enable HOLAC to transform the world into a “beautiful, pristine place”, but he conceded that this should not hinder incremental steps to strengthen it. I believe the majority of this House is in favour of this step, as is the wider public according to the most recent and reputable survey, carried out by the Constitution Unit. I support the Bill.