House of Lords (Hereditary Peers) Bill

Baroness O'Loan Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, it is a privilege to be appointed to your Lordships’ House and to be given the opportunity to serve here. It is, perhaps, also a privilege to be speaker number 86 in this profoundly important debate, especially as I came into your Lordships’ House by filling in a form and applying to HOLAC. I think that my noble friend Lord Devon referred to us as HOLAC’s angels.

There can be no doubt that many of our noble colleagues who hold hereditary peerages have made great contributions over the years. I have always found them thoughtful and courteous and have valued their contributions, just as I have had the same experience with regard to other Members of your Lordships’ House. There is a great sense of duty and a desire to serve here right across the House.

Despite that, membership of the House of Lords by virtue of heredity is a reality which cannot continue to apply in a modern democracy. The concerns about how people become Members extend beyond those who come in by virtue of heredity. The process by which large party donors become Peers, and the appointment of party members and advisors without explanation are very questionable. I speak here of process, not individuals. There can be no doubt that the way in which appointments are made, the regularity with which your Lordships call for the reduction in the numbers of the House, and the equal regularity with which further appointments are made to the House, bring your Lordships’ House into disrepute.

The Labour Party has said that the House has become too big; yet, with respect, the size of the House has been determined by the two major parties. Since the beginning of 2023, 66 of our number have died, retired or ceased to be Members, but we have had 69 new Members. I do not think the numbers are actually the issue here, because we know that 45% of us attend on the days we are entitled to attend. We do not get paid unless we attend, which is very relevant. Moreover, many Members can be seen to attend on days when the business of the House engages their particular expertise. That gives the House the advantage of access to significant expertise, while not having to pay the salaries and allowances at the level that is applicable in the Commons. There are very few occasions when we cannot get a seat in your Lordship’ Chamber apart from during Questions.

Noble Lords are right to draw attention to the actual work of the Lords. The scrutiny and revising role of your Lordships’ House is fundamental to improving legislation and to drawing to government attention nuances and complexities affecting what is proposed in a particular measure. It does not always work. Last year’s passing of the Northern Ireland Troubles (Legacy and Reconciliation) Act was a travesty that caused great trauma and distress, and huge sums have had to be spent successfully challenging it.

On how many occasions have your Lordships been faced with a Bill that has been passed by the Commons without any examination of the content of significant parts of the Bill in question? To call for an elected House in place of your Lordships’ House is under-standable. However, even a cursory examination of the proposal does not pass muster in the absence of root-and-branch reform of the House of Commons as well. For example, we have a convention, though that is all it is, that we do not reject but should only amend and improve a measure that has been passed in the Commons. Were the House to be elected, that convention would no longer apply and it is not inconceivable that an elected lower Chamber might have a very different composition from an elected upper Chamber, making the passage of legislation, on occasion, almost impossible. We have seen that in other jurisdictions.

As has been said, the way forward lies in putting the HOLAC appointments process on a statutory basis; requiring the justification of future appointments by reference to the need for greater diversity, including addressing the fact that only 30% of your Lordships’ House are women; and by reference to the need for particular expertise and experience. We will lose significant expertise and experience when our hereditary Peers leave us. There should be a cap on the size of the House. The simplest way to reduce our numbers significantly would be by legislating to enhance the arrangements to remove those who do not play an active role.

In concluding, I simply thank the many hereditary Peers whom I have come to know during my time here for all that they have done for this country.