House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Baroness Hayter of Kentish Town Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Lord Young of Cookham]

Noble Lords demonstrated their support for Burns in the debate that took place last December. It was also confirmed in a debate that took place a year earlier, which I think my noble friend introduced, where the House voted to take steps to reduce its size. As my noble friend knows, the Burns committee has been reconvened and I hope that progress can be made.

The Prime Minister has maintained her policy of restraint so far as new appointments are concerned, with the lowest number of dissolution honours since 1979 and a smaller House than when she took office. Having restated the Government’s position, I propose to listen with interest and patience to the exchanges on the amendments, intervening only when absolutely necessary or when provoked beyond endurance.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we will try not to provoke beyond endurance. I regret this amendment to the Motion that we should go into Committee. In a sense, it is another Second Reading and that really is not the way that we deal with Bills. I will say only two things. First, 1999 is nearly 20 years ago; in that time, much has happened and much is happening now. Just down the corridor they are reducing the number of MPs by 50, as if that has no impact on the size of the Government or of this House. It seems extraordinary that when the Government are putting a lot of pressure into doing that, they now sit and say that they will do nothing on this issue. That is regrettable. It is something that we could do.

Secondly, I think that the noble Lord, Lord Wakeham, is wrong to say that it is not for us to do. In the very wise words of the noble and learned Lord, Lord Brown, this is our way of showing that it is for this House to begin to do something. If we take a lead on this, it will help to give a fair wind to Burns. If we cannot even do this minor thing—this just puts more men into this House; a very small number—and begin to reduce the numbers, it does not seem to me that we are very interested in bringing this House into the current century.

[Lord Adonis (Lab)]

My noble friend is setting out the position of our party but the Labour Party manifesto at the last election, which both she and I supported, said:

“Our fundamental belief is that the Second Chamber should be democratically elected”.


Can she explain how this Bill advances that cause?

[Baroness Hayter of Kentish Town]

This Bill is about something much more immediate. We are not actually in government. It is very nice to say, “If we want to be in government, we could do something about this House”, but we are not there at the moment. The House can do something at the moment with this Bill. It is a very modest proposal and I call on all noble Lords to move with speed today and get the Bill through.

[The Earl of Erroll (CB)]

My Lords, I support this regret Motion and I will support the Motion of the noble Lord, Lord Adonis, as well because it is about democracy. If the other place is reduced by 50 people, I would point out that the proportion of Ministers who are heads of the Executive’s departments will increase in proportion to the number of Back-Bench MPs. The challenge comes because Parliament is here to control the Executive. The danger in the Commons is that if there are too many Ministers who see themselves as more powerful, yet are circumscribed in what they can join in on as Ministers, that weakens parliamentary scrutiny of the Executive. Therefore, the Bill is extremely dangerous because it will reduce the poison pill—us, the hereditaries—but not incentivise further democratic reform, which I have always supported. Both regret Motions are valid. It cannot be piecemeal because once we go, there will not be further reform. The noble Lord, Lord Adonis, is therefore absolutely right, apart from his point about moving Parliaments backwards and forwards, which does not work very well with Strasbourg. Apart from that, the democratic effect is vital. If your Lordships really think that there will be further reform if you allow this Bill through, I think that is charmingly naive.

--- Later in debate ---

[Lord True]

My Lords, surely this is a matter than can be addressed when we reach the Burns report. I understand the fervour of the noble Lord, Lord Grocott, who is a good old Labour man, to end the procedure that his party agreed on. However, every time he puts his point before the House, I feel that I must repeatedly say, so that the public realise, that the result of this legislation would be the creation in time of an all-appointed House of Lords. That is the effect of this legislation, but the noble Lord never refers to the effect. One of my fundamental objections is that we would, through passing this legislation, create over time an all-appointed House of Lords without the consent of the British people to a manifesto commitment or a Bill brought before Parliament by a Government. That is the proper way to proceed. This House should not, by a hole-in-the-wall procedure masquerading as modernisation, pass legislation that will have the effect in time of creating an all-appointed House for which there is no current democratic consent. Every time the noble Lord, Lord Grocott, makes his point, I will put that point before the public.

[Baroness Hayter of Kentish Town]

My Lords, this is an all-appointed House; it is just that some people are here because their fathers, grandfathers or great-grandfathers were appointed by the King or the Queen at the time. It is an all-appointed House.

[The Earl of Erroll]

The difference is that because we are here and that is found objectionable by some people, we might get a democratic House. If we go, we will not. Those of us who are democrats think that there should be democratic authority and legitimacy in the House of Lords for it to survive long term.

--- Later in debate ---

[Lord Judge (CB)]

Before the noble Lord, Lord Grocott, answers that question, while I am not speaking on behalf of the Cross Benches—because nobody speaks on behalf of us—can the Cross-Benchers be left to look after themselves, please?

[Baroness Hayter of Kentish Town]

Perhaps I may make one small point. I apologise to my noble friend, having said that I would stay quiet all day. I want to say one thing about why the Labour Party so supports this amendment. It was never about the political balance in this House. In fact, it has been a Labour Party claim for a long time that the idea that because people whose fathers, grandfathers, great-grandfathers and sometimes great-great-grandfathers did service for this country and were therefore put in this House, their subsequent children, grandchildren and great-grandchildren should be here is one that we no longer find democratic. That is the reason why we support this Bill. We put the issue of any political balance on the very wide and strong shoulders of the noble Lord, Lord Burns, and when we are able to move to a smaller House, we will deal with it then. This is not the way to do it. The importance of the Bill is that it is incredible that in the 21st century, we are talking about having by-elections for people because of what their ancestors did.

[Lord Adonis]

My Lords, the incredible thing about the proposal before us is that we would entrench a wholly nominated Chamber of Parliament in perpetuity. My noble friend, whom I hugely respect, says that we support this amendment because it is in line with Labour Party policy. My noble friend Lord Grocott gave me a lecture earlier about how my position was inconsistent with that of the party. The Labour Party’s policy at the last election was:

“Our fundamental belief is that the Second Chamber should be democratically elected”.


I keep inviting my noble friend Lord Grocott to say whether he supports the Labour Party’s policy. Does he support a democratically elected House of Lords?