House of Lords Reform

Earl of Devon Excerpts

Tuesday 12th November 2024 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I am delighted to follow the noble Lord, Lord Mann—he set me up quite well. I declare an interest as the Earl of Devon, one of the more hereditary of our hereditary peerages. The title dates from our tribal Saxon days: Ordwulf defended Devon from Viking invaders and served scones, cream and jam to the rebuilders of Tavistock Abbey. In modern times, the earldom was granted to Baldwin in 1142 for supporting our first female sovereign, Empress Matilda. I am the 38th Earl of Devon since then, a line broken only by a handful of attainders and beheadings, most recently by Thomas Cromwell and soon to be televised on the BBC—better to be in “Wolf Hall” than “Rivals”. The title I hold was restored for the fifth and final time by our second female sovereign, Mary I.

We sat in your Lordships’ House long before it had a home in this Palace; founding Knights of the Garter, we fought at Crécy, Poitiers, Agincourt and Bosworth; we tilted for Henry VIII at the Field of the Cloth of Gold, and we welcomed William of Orange to dinner on the first night of his Glorious Revolution. My grandfather was one of the last on the beaches at Dunkirk, before taking a bullet through his helmet in north Africa. I sit here, less violently, as champion of Devon in Westminster and of Westminster in Devon, a conduit between local and national, like Baldwin nearly 900 years ago.

Labour suggests that hereditaries are “indefensible”. That is ironic given how consistently we have defended this island nation. Not here for personal gain nor for anything we have done, we are here due to an antiquated sense of duty, which is not only defensible but a key characteristic of our constitutional fabric. We rend that fabric at our peril: Britain will be poorer without it.

Just because Labour says that it is “indefensible” does not make it so—that is Trump-speak. An hereditary thread runs through our society, from our sovereign Head of State to our basic freedom to inherit private property. Our national identity is inherited, particularly in the regions. Some sneer with colonialist prejudice that, outside Westminster, only Lesotho has hereditary seats in Parliament, as if Lesotho, being African, is somehow less. Lesotho reserves places for tribal chieftains in recognition of their cultural and regional leadership; the United States, Canada and others constitutionally recognise such leadership too. Why should we not?

The presence of hereditary Peers in the mother of all Parliaments is a distinction of which we should be proud. No other parliament can boast an unbroken link to its liberal feudal roots in Magna Carta and habeas corpus. Our presence is proof positive of the resilience of our parliamentary system.

The Government suggest that public opinion justifies their constitutional vandalism. Where is the evidence for this? The Government should put the hereditary presence to a referendum, alongside that of the Bishops and of the life Peers appointed by prime ministerial patronage. Given the furore over the institutional sheltering of child abusers, scandals over prime ministerial curtains, spectacles and suits, and the preferential procurement of pandemic PPE, hereditaries may do well in a Lordly beauty parade, second perhaps only to the angels of HOLAC.

We see no demonstrations over our hereditary presence. Indeed, our most serious public unrest was motivated by those preying on a deep-rooted dislocation among those who consider themselves traditionally English. The riots of last summer were ghastly, but they were not a call for constitutional reform and the removal of a moderating and hard-working hereditary presence in Parliament.

Further, our hereditary Members are disparaged for our gender—that is a protected characteristic. While we are all male, this is not our choice but the choice of successive Governments, happy to alter the succession to the Crown and to offer parliamentary time to promote female Bishops but reluctant to accommodate female succession to hereditary peerages. As the youngest of four, whose father and grandfather were the only sons among many sisters, I have long felt shame in male primogeniture and have sought to change this, with no success. This is discrimination—refuse to permit female succession and then deride our lack of diversity. If I were offered one final wish for a condemned Peer, it would be to amend this legislation to allow any gender to succeed to hereditary peerages. I know the Labour Party has yet to come around to the merits of female leadership—some 880 years after Baldwin—but I am sure it can be convinced, and I thank the noble Baroness the Leader of the House for her encouraging letter to me on this issue. I trust that she will join me to overcome the patriarchal barriers she identified.

Many commentators agree that this House is the most effective body of our politics, recently tempering the extremes of the other place over Brexit and Rwanda. Removing hereditary Peers will not improve that function: it will politicise and patronise this House and make your Lordships no more defensible, and I worry particularly that it will leave our sovereign with no hereditary partner—who will go toe-to-toe with the Crown over feudal rights to the Isle of Wight? His Majesty will be isolated and vulnerable to republican attack.

In conclusion, I note the wise words of Robin Cook on a similarly tepid reform proposed in 2005:

“This would limit modernisation to moving from the 15th-century principle of heredity to the 18th-century principle of patronage. The result would not be a chamber bursting with the independent, colourful figures necessary if we are to restore public interest in parliament, but a chamber stuffed with that bane of modern political life, the loyal, safe pair of hands”.


The Earls of Devon’s previous executions have been in noble cause. This short-term, partisan political mugging is, regrettably, not that.

Lords Spiritual (Women) Act 2015 (Extension) Bill [HL]

Earl of Devon Excerpts

2nd reading
Tuesday 10th September 2024 Lords Chamber

[The Earl of Devon (CB)]

My Lords, it is an honour to speak on this short Bill, which seeks to extend by five years the period in which vacancies among our Lords spiritual are filled predominantly by female Bishops. I support the effort to increase the gender diversity of Lords spiritual and agree that we should seek to increase the diversity of this House more generally so that it better reflects the nation and allows a breadth of opinion to be brought to our legislative efforts.

I should note my own interests. I was a one-time Cambridge theologian, I am patron of a number of Anglican parishes in Devon, I am an irregular churchgoer and I am a member of a family with long clerical connections. We count many churchmen—and indeed, I can tell the noble Baroness, Lady Brinton, that my research suggests a couple of churchwomen, including Adelicia, the foundress of Forde Abbey—in the family tree: there are Bishops of Norwich, London, Exeter and Winchester, and even an Archbishop of Canterbury, whose coat of arms as Richard II’s Chancellor appear just to the left of the Throne.

I thank the Convenor of the Lords Spiritual, the right reverend Prelate the Bishop of St Albans, for his letter, which was received last night; the detail and background were instructive. Along with him, I wish to put on record my appreciation for the contributions of those female Lords spiritual who have made it into the House as a result of the provisions of the Lords Spiritual (Women) Act 2015, which we are extending with this Bill. The right reverend Prelate’s letter also provided helpful statistics, including the fact that 33% of ordained ministers were female in 2020—a number that I hope has increased since. I wonder whether the right reverend Prelate the Bishop of Derby could confirm that.

I also agree with the right reverend Prelate’s sentiments when it comes to the number of female bishops as a whole. He states:

“it is my view that the overall number of women appointed as diocesan bishops since 2014 remains too low, and there is continuing work to do to rectify the longstanding historic imbalance”.

In considering this Bill, we should be provided with a better understanding of why the Church has not done more to promote female bishops since 2014. For example, it is notable that, of the five episcopal sees with automatic seats in this House—namely, Canterbury, York, London, Durham and Winchester—only one is currently held by a woman. It would be helpful to know what particular efforts the Church of England is making to ensure gender equality amongst its own leadership and what the barriers that the right reverend Prelate the Bishop of St Albans references actually are.

I would be pleased if the right reverend Prelate the Bishop of Derby could provide us with an update on that issue when she speaks. It should not be for Parliament to spare the Church of England’s blushes if it is not able to promote female leadership within its own ranks and of its own accord.

Secondly, while I support the efforts to increase gender equality within the Lords spiritual, this Bill does nothing necessarily to increase the diversity of thought or belief within our House. All bishops, be they male or female, as we have heard, will still be Anglican bishops and the voices of other religious faiths will be no louder as a result of this Bill. Do the Government, given their passion for Lords reform, have any plans to broaden the creed of those sitting in the spiritual seats of your Lordships’ House, or do they otherwise intend to increase the presence of non-Anglican Church leaders upon our red Benches?

On equality and diversity through Lords reform, it is obviously appropriate to increase female presence amongst the Lords spiritual. At the same time, the Government are undertaking other elements of reform that will result in better gender parity in this House. I refer to the Government’s ambition to abolish the remaining 92 hereditary Peers, all of whom, since the retirement of the great and noble Countess of Mar, are now male. Therefore, there is a hereditary Bench occupied only by men, which is unfortunate. This is a valid and very real criticism of the hereditary peerage, but it is the fault not of the hereditary Peers themselves but of the arcane rules of succession to which we are subject. Here I note my interests as an Earl of Devon.

For a number of years, I, along with honourable Members in the other place, have been seeking to introduce by way of a Private Member’s Bill a Bill to permit female succession to hereditary peerages, but we have been unsuccessful in our efforts to date. I am the youngest of four children, as was my father before me, and my grandfather was the only boy among six siblings. The law of succession to the Crown was changed without incident over a decade ago and, as we have heard, female bishops have been allowed since 2014. So at least two of the three feudal mainstays of our constitution, the Crown and the Church, have been permitted to embrace gender equality. It is therefore shocking that, in 2024, the heirs to hereditary titles remain subject to such explicit gender discrimination, both the eldest daughters, who might wish to inherit a title, and younger sons, who might have had something better to do with their lives.

It would appear to be grossly discriminatory of Parliament not to act upon this, leaving us to wallow unwillingly in patriarchy. Noble Lords may suggest that such a move would be a waste of time, given hereditary Peers’ impending abolition, but I am mindful that hereditary titles will retain some presence and status within Britain even after we are no longer active legislators, particularly in those parts of the country, often rural, which have retained a traditional social fabric—our much-loved rural parishes, for example, where the local baronet retains social and economic significance. I expect also that hereditary titles will long remain a fascination for popular culture, as a focus of fashion and social magazines, popular film and literature. If the Government can find legislative time to promote gender equality among the Lords spiritual, could it not also find time to change the rules for hereditary succession so that within a generation, half those titles would be held by females in their own right? It would be a lasting legacy upon which to depart your Lordships’ House.

I end by reiterating the importance of diversity to this Chamber and to our work, and regret that the abolition of a hereditary presence in Parliament will remove some notable diversity that is not found amongst Lords spiritual, nor among many of the appointed life Peers, who tend to be people of excellence either in politics or society more widely.

Recent hereditary additions to the Cross Benches have included a veterinary practice manager, an inner-city state schoolteacher, a nuclear engineer and even a modest American IP litigator, none of whom are necessarily leaders in their fields nor the most ambitious. They are here to serve, in the way their forebears have done for centuries, with neither fear nor favour. The irony of removing the purportedly elitist hereditary peerage is that we will lose some of the more normal and perhaps modest Members of your Lordships’ House. I hope the Government will reflect upon that.