House of Lords (Hereditary Peers) Bill

Baroness Stowell of Beeston Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, I simply want to make two points, one on procedure and the other on substance. On procedure and the point made by the noble Lord, Lord Harris of Haringey, he will know, as a long-standing Member of this House, that if my noble friend’s amendment were not in scope, it could not have been tabled. Also, as much as the noble Baroness the Leader of the House may pray in aid her manifesto and the promise of more legislation, we know that, despite the standard argument of Ministers that a particular piece of legislation is not an appropriate vehicle and another one will be along shortly, it very often does not happen.

That leads me to my point concerning substance, which I am sure the noble Baroness the Leader of the House will acknowledge. As my noble friend has already said, this sensitive issue is one that all of us who have had the privilege to serve as Leader or Chief Whip of our respective groups have faced, and we cannot leave it unanswered or unaddressed. I urge the noble Baroness please to take this seriously, and I hope that the Government’s desire not to amend the Bill will not be advanced as an excuse in response to this debate.

[Lord True (Con)]

My Lords, I have put my name to my noble friend’s amendment. My noble friend, as a former Chief Whip; my noble friend Lord Taylor of Holbeach, as a former Chief Whip; my noble friend, who is a former Leader; and I as a former Leader: we all know that there is a serious issue of law and principle that needs to be addressed here. I agree with the very wise words and advice to the House from the noble Lord, Lord Wallace of Saltaire.

The noble Lord, Lord Harris, took exception to a speech I made at the outset of these debates. In part of that speech, I said that there are several parties to this legislation. One is the Government’s desire, which we accept, to stop the inflow of hereditary Peers; the other is the views of other parties in the House; but there is an overriding interest of the House. This is a House of Parliament, and there is a Bill before us which directly affects your Lordships’ House. It is absolutely reasonable, as the noble Lord, Lord Wallace of Saltaire, submitted, that this House of Lords should put forward propositions for sensible and limited amendments to legislation that will improve, potentially, the reputation of the House. I believe that this proposal fits squarely into that. I assert the simple principle that those who cannot conduct their own affairs should not conduct the affairs of Parliament. If this is not addressed, it risks one day bringing disrepute on this House.

The clear intention of the House at the time of the 2014 Act that brought in retirement was exactly that those life Peers who no longer wished to take part in the House, or who perhaps felt that their powers to do so effectively were declining, might retire permanently from the House. That was a sensible and useful reform, but, as has been described in the debate, a potential problem has arisen. In the 2014 Act, it is clear that a Peer must personally sign a witness document stating that he or she is wanting to retire. That was the clear advice I received from the House authorities when I was Leader: that where a Peer has ceded control of his or her affairs by means of a lasting power of attorney, as explained to us by my noble and learned friend Lord Garnier, doubts have been expressed as to whether the Clerk of the Parliaments could accept the letter of a duly appointed attorney as conclusive in relation to retirement. Thus, as my noble and learned friend said, in extremis an attorney might be able to sell the property of an individual, move their bank account contents anywhere or put them into a retirement home, but they could not effect a request for that Peer to retire from the House. That is a quite extraordinary position.

In the worst imaginable case, an attorney might know that a Peer is wholly incapable of managing his or her own affairs but could not prevent that Peer coming to the House to take part in directing the nation’s affairs because no valid document of retirement could be presented to the Clerk of the Parliaments. Such circumstances should never arise, and they would never be accepted in any House of Parliament in most other countries of the world. I simply disagree with the view expressed that an amendment cannot be considered or accepted because it was not part of the original intention of the Government in presenting a piece of legislation. I have presented many pieces of legislation to your Lordships’ House on behalf of the Government and found that the House did not agree with the purpose I had in mind for the Bill, but that it thought that the Bill might be a useful vehicle for making changes to the betterment of the public weal.

If there is before us a vehicle that could enable us to do something swiftly and easily that would be useful for this House and for Parliament, I believe we should take that opportunity. This is not a question of prevarication or wanting to cause difficulties. It is the easiest and simplest thing to do and would involve a 15-minute debate on Report if we get agreement on a way forward, if that is necessary. This Bill provides an obvious opportunity to put the law beyond doubt. It is under doubt and it is conflicting advice, and we have a vehicle through which we could make it clear. The issue has no relevance to politics or to the other contentious issues in the Bill. In my submission, it is simply common sense. Frankly, it is an amendment to the law that no one in the other place could conceivably take any exception to.

I trust very much that your Lordships will support my noble friend and take advantage of this opportunity to set this small but important matter beyond doubt, if it is indeed necessary to do so. I know that the noble Baroness the Leader of the House takes this matter very seriously—we have had the opportunity to discuss it and other matters in our normal conversations—and that she will give full consideration to the arguments of my noble friend. But it is my submission that the Bill should not leave this House without this difficult and sensitive matter having been solved swiftly, clearly and permanently, and with the utmost, crystalline clarity.