House of Lords: Numbers and Eligibility

Debate between Baroness Smith of Basildon and Lord True

Monday 9th December 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

I am sure the party opposite has heard my noble friend’s comments. I think 75% might be a bit harsh.

[Lord True (Con)]

My Lords, the noble Baroness rightly sets store by her party’s manifesto. The Labour manifesto pledged:

“At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords.”


Full stop, end of paragraph. Will the Government implement this very specific manifesto promise in this Parliament?

[Baroness Smith of Basildon (Lab)]

My Lords, how and when we implement our manifesto is, as it is for every single party, a matter for the Government. One of the things I committed to this House is having discussions on how we implement 80; I said that in the first Answer. There is also the issue of participation. I think the House will want to have a view on those things, and I am happy to accept representations on how they are implemented.

House of Lords Reform

Debate between Baroness Smith of Basildon and Lord True

Tuesday 12th November 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, first, I thank all noble Lords who have taken part in today’s rather long debate. It has been a significant debate. It has been wide-ranging and largely very thoughtful. We have also had a very wide range of views. I am aware that some noble Lords are fairly new to the debate and new to the House, but others have been round this circle a number of times and have enormous expertise. I thank the noble Lord, Lord Wakeham, for his contribution today, given the expertise he has brought to this issue, and I know the work he has done the past.

I want to try and address as many of the points raised by noble Lords in the time I have. I stress, as I did in my opening comments, that this is not the end of the conversation or the debate on this and we are listening to comments made. I will address first why the hereditary Peers Bill, which has been introduced and now passed in the other place, was the first item. A number of noble Lords misquoted the manifesto today but the immediate issues brought up were the legislation around the right of hereditary Peers to sit and vote in the House of Lords. The manifesto then went on talk about what has also happened. The noble and learned Lord, Lord Keen, can shake his head, but that is exactly true: it is what is in the manifesto. It is very clear in the manifesto that the first stage is about hereditary Peers. Why would that be the case? Why would that be the first item to be addressed? The reason is that the principle on that issue has already been established and acted on back in 1999 when the legislation went through.

Transitional arrangements were put in place a quarter of a century ago. I heard the noble Lord, Lord Strathclyde, and others say how there was a really engaging process at the time. I think others remember it slightly differently. Viscount Cranborne managed to do a deal—I have to say I admire his negotiating skills—where 92 hereditary Peers remained, and not only did they remain but if they left there was a by-election to replace them. That is extraordinary and I pay tribute to him. I have to say that his party did not really like it and he did not last very long after that. I think the noble Lord, Lord Strathclyde, was a beneficiary of his departing from his position. That is where we are at the moment. But in the idea that this would not be the first step in the current reforms when the principle is already established, I think the noble and learned Lord is being a little bit mischievous and he knows it.

I will comment first on the opening speakers from the main groups. I thank the noble Lord, Lord True, for his comments about the spirit of compromise. I do wish, when I had come to see him before on the Grocott Bill in the spirit of compromise, he had taken that same line there. We may not be where we are today had that been the case. He will recall, as will previous Leaders, that I offered to co-operate on that and help the Government see that legislation removing the by-elections through.

By not doing that, we get to the point where we take the same position. We have heard this time and again from the party opposite tonight: “Do not do anything unless you do everything. We do not know what everything is so let us do nothing”. I am sorry but that is not a sustainable position and—

[Lord True (Con)]

Is it not—

[Baroness Smith of Basildon (Lab)]

On this occasion, I will take one more intervention, given even the lateness of the hour and the lack of opportunity to progress with my argument.

[Lord True (Con)]

I was really trying to help the noble Baroness guide her argument because it is not the first step that the House is interested in; it is the final step. What do the Government propose that this House should do and what should it be? Will she please tell the House?

[Baroness Smith of Basildon (Lab)]

I have to urge patience on the noble Lord. I am at the start of my comments on the debate and the noble Lord seeks to intervene on me within a few minutes. I would urge him to have a bit of caution and patience, but I want to raise another point. He said that this was sprung on us; how utterly ridiculous. It has been 25 years; it was in the manifesto; it was a major part of his comments and those of others on the King’s Speech. This was not sprung. I wrote an article saying, as I have said in the House on many occasions, that if the by-elections continued this would have been a consequence of that. The option was there to stop the by-elections. One noble Lord—I cannot remember who—said that we have stopped the by-elections now. No, we have only paused them until the conclusion of this legislation.

The noble Lord, Lord Newby, had great strength in his arguments. There was consistency of principle but pragmatism as well. He asked whether I still held the view that the House worked best when there were roughly equal numbers between the government party and the Opposition. That is a personal view which I expressed in a Select Committee that he and I both attended. It is hard to get to those exact numbers, but when you have such a great imbalance as there has been over the last few years, the House does not do its best work. I think the House works better with roughly equal numbers. I will return to that in a moment.

I thank the noble Earl, Lord Kinnoull, for his very thoughtful and helpful comments. He has been instrumental in bringing forward papers to look at the conventions of the House over the last year or so, and I am grateful to him for his time on that. He was also the first to try to put some detail on the issue of participation. As I said when I opened, I think we all have an innate understanding of what we mean but quantifying that is quite difficult. I am grateful to him for looking to do so and for his comments on laws and conventions.

A number of noble Lords—including the noble Lords, Lord True, Lord Forsyth, Lord Mancroft and Lord Inglewood—talked about there being a power grab for parties on this. It is quite right that, in recent times, no political party has had an overall majority in this House. That is the right way for us to operate; it will not be changed at all by the Bill that has now been completed in the other place. That will not change as a result. If we look at the statistics of how we operate, currently the Conservatives have 34% of your Lordships’ House; after the Bill being implemented, that would be 32%. On my side, currently 22% of the House are Labour Peers; after the hereditary Peers are removed, it will be just 24%. In fact, the party that gets closest to being reflected most accurately is the Liberal Democrats. There will be very little difference between that party’s representation here and in the other place.

I also gently—or perhaps not so gently—remind noble Lords that after 12 years of a Labour Government, there were 24 more Labour Peers than the Conservative Party had. After 14 years of the Conservative Party in government, there were over 100 more Conservative Peers than Labour had. When I hear weaselly words such as, “We’ve got to stop this Prime Minister making appointments”, I ask: why was that never considered prior to the Bill being introduced?

The noble Lord, Lord Newby, also asked what the Government’s view is of the size and composition. He was right to raise that but the noble Lord, Lord Burns, made a very valid point, which I accept. There is little sense in the House reducing its size, by whatever means, if that is not a sustainable position to hold. I will take that away and reflect on it because the noble Lord is right.

We also have to ask: why do we think a smaller House would be the right thing? There has to be the purpose first, which is not having a smaller House. The purpose is to be more effective in how we operate and what we do. The representations I have had from across the House, from almost every noble Lord who has been to see me, is that they think we would do this better with a smaller House. Indeed, some noble Lords who have since departed said to me that they felt as the House got bigger, they were less able to make the contributions that they wanted to make. It is absolutely right that if Members leave the House, that should not necessarily be to create a vacancy for more appointments.

The manifesto talked about retirement age and participation. I am keen to engage further on this and I am grateful to noble Lords who commented on how that could be implemented. A number of issues were raised and I will take those forward. A point made by the noble Lord, Lord Burns, was that one reason the House has become so large is that you have Members coming in but not departing. He sought to look at that at the time of his report. I think that the noble Lords, Lord Hampton and Lord Inglewood, made similar comments.

Several noble Lords, including the noble Lords, Lord Kerr and Lord Liddle, raised something that has been raised before: decoupling the title and the membership of the second Chamber. There is no doubt that, when noble Lords are given a title, it is recognition of work they have done in the past. But it also has to be an expectation of what they are going to do in the future and the contributions they will make. The two go hand in hand. We want to see an active membership. As I said, that does not mean that every Peer has to be here all day every day. We are a full-time House. Not every Member has to be full-time, but they have to make a commitment to the work of this place.

The noble Lord, Lord Murphy of Torfaen, raised the issue—I think it is an interesting point—of devolved Governments’ First Ministers being offered peerages. The SNP of course does not nominate people to this House. The point made by the noble Baroness, Lady Smith, was that, where there are institutions in which you can make your voice heard, you should do so. I think her party takes a very different position from—I say this in the loosest form—its sister party in Scotland on that one. The noble Lord, Lord McConnell of Glenscorrodale, was the First Minister of Scotland: currently he is the only one from our party. Other parties have made nominations as well. But I think it is a point well made. We want a more diverse House, in terms of a whole range of characteristics, including geography but also age, gender, ethnicity, religion and other issues as well.

A number of noble Lords raised participation. I thank the noble Earl, Lord Kinnoull, for his initial comments on this. I would quite like to have further discussions around the House on this as I do not think there is a consensus on how to move forward. My impression, from the conversations I have had, is that most noble Lords think that this is important, but no one can actually quantify it. What you do not want—I think the noble Baroness, Lady Sanderson, said this—is a perverse incentive to encourage people to turn up or speak when they do not need to speak. But you do want to know that someone is serious about being here.

All of us have expressed concern about those noble Lords—albeit a small number of them—who come in here, sign the book to retain their membership and then walk out and leave. That is not being serious about this House.

House of Lords: Behaviour and Courtesy

Debate between Baroness Smith of Basildon and Lord True

Monday 14th October 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Lord is absolutely right. I remember the controversy when the first Lord Speaker—the noble Baroness, Lady Hayman, who is in her place—was introduced. Every Lord Speaker has done this House proud. Of course, their role is not just one in the Chamber but a wider one of advocacy for the House of Lords. The noble Lord is right that each of those changes—I was the advocate for the last one of announcing next business when we move from Bills to Statements—has been made with the agreement of the House. I always think that is the best way to proceed on these issues.

[Lord True (Con)]

My Lords, if there is a Question that is really about the role of the Lord Speaker, it might be helpful to noble Lords if that were made clear when the Question is tabled. I agree with both what the noble Baroness the Leader of the House and the Leader of the Liberal Democrat Peers said. This House is a courteous House and I do not recognise that deterioration; I think it remains a courteous House and it is exemplified, if I may say so, by the noble Baroness the Leader herself. I support what has been said from the opposite Front Bench about behaviour, including remarks about brevity. Perhaps, after the recent intervention by the Captain of the Gentlemen-at-Arms, we should circulate the Oxford English Dictionary to Members.

[Baroness Smith of Basildon (Lab)]

I hesitate to intrude on that one. The noble Lord is right but, having said that, there have been moments when I think all of us have been embarrassed when noble Lords do not give way to each other, so I understand the point that has been made. It comes back to respect and courtesy. With the powerful advocacy of the usual channels, we can maintain that. It is always open to noble Lords who wish to change procedure to ask the Procedure Committee to consider any such change.

House of Lords: Composition

Debate between Baroness Smith of Basildon and Lord True

Thursday 5th September 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

I disagree with the noble Lord on his final point, but I would expect him to make it because he is committed to an elected House. It is interesting that, when the debate was going through the House of Lords a quarter of a century ago, there was concern from a large number of hereditary Peers who were in your Lordships’ House at the time, and in order to smooth the passage of the Bill, arrangements were made that 92 hereditary Peers would remain on a hereditary basis. On that basis, Lord Cranborne was sacked from his job as Leader of the Opposition, and I think it was the noble Lord, Lord Strathclyde, who was put in his place—he was perhaps a beneficiary of that. The noble Lord, Lord Howell, made the point that constitutional reform should be made with care and consideration, and 25 years seems a fair amount of care and consideration.

[Lord True (Con)]

My Lords, for the avoidance of doubt I should say that I was the one who proposed that we look at the by-election matter. I have repeatedly made clear, both from that Dispatch Box as Leader and since, that I believe the best way forward for this House certainly in areas of constitutional change is by consensus, and not on the basis of divisive and partisan legislation.

There is a further and wider point. It is a courtesy and a duty to Parliament for Ministers to come to Parliament, and certainly to an affected House, to make a Statement on novel legislative matters before they are spewed out in the Guardian, the Times and other media. I do not know whether it was a decision of the noble Baroness that the pre-spin be done in this way; perhaps she was instructed by No. 10 not to make a Statement in this House. However, it was unlike her and not typical, and the misjudgment not to make a Statement in this House did not reflect her normal courtesy. I welcome some of the things that she said, so will she repeat her undertaking to enter into discussions now in the spirit of consensus? My door is open, as is, I am sure, the noble Earl’s.

[Baroness Smith of Basildon (Lab)]

I thank the noble Lord for his comments on hereditary Peers’ by-elections; both he and the noble Earl, Lord Kinnoull, have approached me. In terms of constructive debate, I spoke to the Cross-Bench Peers yesterday and I would welcome an invitation to speak to the Conservatives. I do not think the noble Lord can do so as a matter of course, as it is by invitation, so I would welcome an invitation too.

There was a bit of faux anger on his part about a Statement to this House. This issue was in the Labour Party manifesto. During the King’s Speech debate, it was the subject of almost the entire content of the noble Lord’s response to my comments in the constitutional debate. When a Bill is introduced into either House, it is normal for a comment to be made. I wanted to ensure that it was on the record that we welcomed and appreciated the contribution made by hereditary Peers, and that is why it is in the Statement. It is a perfectly normal way of doing things. It did not come as a surprise to the noble Lord. It has been debated in this House on many occasions and I am sure the dialogue will continue.