House of Lords (Hereditary Peers) Bill

Baroness Goldie Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Baroness Goldie (Con)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Burns. I want to start with what is undeniable. This House is good at its job; a core cohort of committed Peers and the bishops makes that possible. Let me say in relation to the bishops that I believe in a presence of faith in this House. They have the best Chief Whip of all, the Almighty, and that is good enough for me.

The principle of hereditary Peers is unsustainable. The Labour Party, in its manifesto, committed specifically to removing the remaining hereditary Peers and to introducing a mandatory retirement age of 80. These changes proposed by the Government have significant constitutional consequences, so where does this amalgam of undeniable facts get us?

It gets us into a bit of a mess, I am afraid, because there are no logical linkages between the start point of a House which is good at its job, reducing numbers, abolishing remaining hereditaries, sacking everyone who is 80 and over and ending up with a House which is good at its job. That will not be the end point. Others will have their view about how such fractured and disjointed reform can work. They will express specific concerns about the Bill and rightly focus on the very real problems of addressing poor attendance and minimal contribution to the work of the House, and a much-needed refreshment of the Salisbury convention. Well, I am a pragmatist, so I am going to address what is before us now.

I want to tease out what the Bill means in practice and explore whether there is any way we can reconcile the Government’s manifesto commitments with an end point of delivering a well-functioning House. Yes, of course, the Government can charge ahead with this legislation, but there are constitutional consequences. Let me make it clear that the following are my personal views—and I am not deliberately assaulting my colleague on the Front Bench with my notes.

I suggest that it would be helpful to separate the principle of what the Bill seeks to achieve from the consequences, and then have an intelligent conversation about managing the transition. To inform that conversation, I have done my own research on who the hereditary Peers are and what roles they have in the House. I can tell your Lordships, because I believe so passionately in this place, that this was a labour of love, because the task was not easy.

Of the 88 hereditary Peers, this is what I discovered. There may be minor errors, but I believe the main facts to be correct and am more than happy if anyone wants to verify them. They do not completely match what the noble and learned Lord, Lord Falconer, referred to, but we may have been looking at different sources. Six are Deputy Speakers, one of whom is the Convenor of the Cross Benches. An additional three discharge advisory panel duties for the Lord Speaker. Eleven are opposition Front-Bench spokespersons. Thirty-six serve on committees, of whom 20 serve on a single committee, 12 serve on two committees, two serve on three committees, one serves on five committees and, deserving of an award for valour, one serves on six committees. These 56 regularly contribute to the proceedings of the House. As for the remaining 32 not holding roles, I am here every week and my impression is that a considerable number of them also contribute. That is all part of scrutiny, so the question is: will removing the hereditary Peers impact on the efficacy of this House? Yes, I strongly believe it will.

Let me turn to the second commitment: the cull of the octogenarians. There are many people in their 80s in this House who are sharp as tacks. They do their share of the heavy lifting regularly and impressively, supporting the work of the House. They have the experience and mental acuity to do that well. Will their removal impact on the efficacy of this House? Yes, I strongly believe it will.

What happens if both culls take place at the same time? In my opinion, the functionality of the House is then seriously challenged, so, if the Bill is to progress, the Government, if they really care about this House and are not trying by covert means to reduce scrutiny and transfer predominant control of appointments to the Executive, have to be sensible and reassurance is urgently required. Here is what I suggest.

First, to preserve some degree of stability in this place, the Government should cancel the cull of the octogenarians and confirm their willingness to do that. Then, with immediate effect, through the usual channels, they should engage in productive discussions to invite party and group leaders to identify retirals of any of their Peers to assist in an early reduction of numbers. Secondly, the Government should consult with party and group leaders to prepare a list of the abolished hereditaries who should then be converted into life Peers; that conversion list has to be entirely separate from any party or HOLAC nominees presented for appointment in the usual manner. If the Government are able to provide such reassurance by amendment to the Bill, I anticipate that the proceedings of this House would continue to run smoothly.

I know there are many Members of this House, not least on the Labour Benches, who believe in this place and do not want to see it diminished. I believe that is the view of the Leader of the House, the noble Baroness, Lady Smith. But what is very clear to me is that, unless we can find some practical way forward, there is going to be a very difficult period ahead of us for this place. I have endeavoured to offer a non-partisan, practical way forward and I hope that the Government can be receptive.

In conclusion, in my view, any further reform of this House should proceed by way of consultation and consensus, not by a unilateral party edict.

House of Lords Reform

Baroness Goldie Excerpts

Tuesday 12th November 2024 Lords Chamber

[Baroness Goldie (Con)]

My Lords, what a pleasure to follow such a feisty and articulate octogenarian as the noble Lord, Lord Rooker. May he continue to entertain us for many years to come. I shall try to reduce this contribution to simple components: purpose, presence, pragmatism.

The purpose of this House is to scrutinise legislation from the other place, improve it—sadly, a frequent requirement—and, by our Chamber and committee activity, better inform public debate. By any assessment, we discharge that responsibility very well. The presence within this House of political parties, Cross-Benchers, Bishops and a number of non-affiliated Peers reflects an impressive array of experience, talent and expertise. That explains without need for further enlargement why we discharge our responsibilities so effectively. To be fair, the noble Baroness the Leader of the House acknowledged that. Pragmatism largely explains how we work. We make bad law good and good law better. The raucous exchanges familiar to elected Chambers are mercifully mostly absent from this one. By contrast, there is a discernible and collaborative desire to analyse and get to the heart of any issue, legislative or otherwise, and a House with the aggregate talent to be able to do that. I accept that to many onlookers the wonder is that this works at all, but it does, and those of us who attend regularly know that.

Pragmatism, I suggest, should be the overriding consideration in any attempt to reform this House. I see the House of Lords like an intricate tapestry. How many of us spotting a thread hanging down from a jacket or pair of trousers have tugged at it to find that the entire hem falls down or the seam falls apart, or have pulled an annoying thread sticking out of a button only to lose the button altogether? Let me make two general observations. If in the main this House functions satisfactorily, we should be cautious about embarking on change. That is not advocating for no change at all—very far from it—but rather urging clear analysis and identification of what the problems are before we try to solve them.

Secondly, if after such analysis change is considered necessary, it must be approached in a holistic manner with regard to how the House operates as a whole. If we do not do that, we neither understand the threads we are pulling out nor what the unintended consequences may be. What is unworkable is tinkering with the structure, removing a bit here and there, and hoping that the rest will somehow stumble along. The noble Baroness the Leader of the House calls that incremental, but I call it disjointed.

The Government are committed to addressing the issue of hereditary Peers in this House, and in their manifesto they also deployed ageism, opining that by the age of 80 you are past it and should get out. That is discrimination. We have just seen at first hand the contribution from the noble Lord, Lord Rooker, and there are sterling contributions made by Peers in their 80s whose experience is relevant, whose expertise informs and whose acuity is breathtaking. The proposal also drives a cart and horse through female representation in this House. I hope that the Government have begun to see the light, having recently appointed some imminent or actual octogenarians of their own, and they are very welcome. I would like to think that I am still good for a few years to go.

[Noble Lords]

Hear, hear.

[Baroness Goldie (Con)]

Thank you, my Lords. What the Government’s ageism experiment has demonstrated is that a disjointed approach to reform does not work. On the principle of hereditary Peers, we hit the same buffers. It is difficult to argue for the retention of such a system in a 21st-century democracy, but what is not workable is taking a machete to the hereditaries, culling 88 Peers from the membership of this House and expecting it still to be able to do its job. That is a constitutional onslaught. If at a stroke we lose these 88 Peers, who reflect a welcome age span, a geographical spread and diversity of experience and expertise, how do the Government expect proper scrutiny of legislation, adequate manning of committees, not to mention support for the Lord Speaker and his department and servicing the Woolsack? At present, our proceedings are not just enhanced by the hereditaries; the hereditaries are critical to getting the business done. That void cannot be filled by prime ministerial appointments. That takes the constitutional unacceptable to the constitutional repugnant.

This all goes much deeper than disquiet about the hereditary principle. It strikes at the heart of our British constitutional governance, our distinct and different role from the elected House and the largely unwritten but workable parliamentary equilibrium which has evolved over decades. I urge the Government to reflect very carefully before they start pulling out individual threads of the intricate tapestry. Intelligent change requires reflection, consultation, understanding of the implications of change and the wisdom of seeking consensus.