House of Lords (Hereditary Peers) Bill

Debate between Earl of Erroll and Baroness Hayman

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Baroness Hayman (CB)]

My Lords, I have resisted so far the temptation to participate in the debate on the Bill. I shall keep to that, in the sense that I will resist the temptation to follow the noble Lord, Lord Hannan, on the byways of nomenclature for the House itself.

However, I urge the Government Front Bench to think seriously about and respond positively to two issues raised by the noble Earl, Lord Devon. The first is the inappropriateness of this House in any way involving itself in the determination of peerage claims. This was an argument that I made, and lost, before the turn of the century, but I still agree with what I said then and I believe that it would be far better for the Judicial Committee of the Privy Council to take on that responsibility.

Secondly, we need to right the implicit wrong in the hereditary peerage: the sex discrimination against generations of women who should have inherited not only the title but the estate—which in many ways is much more important. I hope the Government will give us some hope that they will make progress on that.

I talked about inheriting the title. The noble Baroness, Lady Deech, pointed out the other anomaly of the husbands and wives of baronesses and barons. We should not right that wrong by creating another anomaly of giving someone else a title because of their sexual relationship with another person who has a title. That does not seem to make a great deal of sense or to be progressive in any way. I would just stop anyone giving their partner a title because of something that they have inherited or achieved.

[The Earl of Erroll (CB)]

My Lords, I want to say to the noble Lord, Lord Foulkes, that while I am a hereditary Peer, I am not here to try to stay here; whatever happens, happens. The reason that I and the other 91—92 in all—stayed here was to ensure the further democratic and proper reform of the House of Lords. That was the promise given; not that we would be turfed out, 20 or 25 years later. The whole point is that the Government are trying to do one bit, and I bet we will not see more. That is why Amendment 55 is essential, to try to start putting a timetable on reform happening. Otherwise, after this, nothing will happen; we will end up with a House with no democratic legitimacy, and that will be a problem. I therefore very much support Amendment 55.

I am here because my mother was here before me. She was one of the first five Peeresses to sit here when they allowed Peeresses to sit; she was the Countess of Erroll, in her own right. It was quite amusing, as my mother and father used to have trouble getting tickets for the train. If they were travelling from Perth, where they were known, they could travel down in the same compartment as the Countess of Erroll and Captain Iain Moncreiffe, as he was when they were first married. If they booked from London, they had to go up as Mr and Mrs Moncreiffe, or otherwise that would not be allowed—they did not allow that sort of behaviour. In fact, Claridge’s would not give them a room on the night of their honeymoon for the same reason, so this has been a perpetual problem.

Interestingly, there was always that issue of equality. My mother was also Lord High Constable of Scotland, as that has been in the family since about 1314. As such, at the Coronation, when the Queen went up to receive the Honours of Scotland, my mother was not allowed to carry the sword, as it was not thought suitable for a woman to do that. The Earl of Home carried it as her deputy, but she stood next to the Queen as the Queen received the Honours of Scotland. She had to be there to supervise and to make sure that it was done properly. As a woman, there was no bar to her holding what was traditionally thought of as a male position, and there is no reason why there should be in the future.

I heavily support the amendments in the name of my noble friend Lord Devon, which I think are very sensible. We have got to move forward. There comes a point when it gets too difficult.

I want to say a little about how things get taken over. My father always told me that the communists took over the colour red, not as the people’s blood but because the nobles in Russia, as everywhere, used red as their colour; it is the colour of nobility. What they were doing was usurping the nobles, and taking over their mantle and structure. That is why the communists wave a red flag.

Personally, I am looking forward to future reform of this House, to bring it forward into the 21st century and onwards, in a proper form, not just as a whole lot of people appointed by one person who may be so-called democratically elected but not necessarily by the majority of the country. It is wrong.