House of Lords Act 1999 (Amendment) Bill [HL]

Debate between Earl of Erroll and Lord Norton of Louth

Friday 9th September 2016 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, I rise in the gap to make a couple of quick points because I remember the entire debate around the passing of the 1999 Bill very well. In fact, I sat on the Cross-Bench group which produced some thoughts in response to the legislation. It could not be a representative Cross-Bench group but a significant number of us thought that it produced some useful contribution to the debate.

The major point that I remember from the 1998 debate was about further democratic reform of the House of Lords. Those key words—further democratic reform—form what we were left here to ensure. It was constantly referred to then because it soon became apparent that there was an argument between the democrats, who believed that the House of Lords should be elected, and the Commons supremacists, who were terrified of losing the greater power of the House of Commons. It is interesting that five ex-MPs have spoken today in this debate, if not all speaking the same way. I have the honour to serve as one of the hereditary Peers who were elected to stay here and ensure that further democratic reform. That is my basic position, which is why I cannot possibly support the Bill.

There is almost a touching naiveté about the second Chamber group believing that, if we have this incremental reform, there will be an incentive for proper reform in the future. All it will do is to erode slowly bits and pieces of the powers of this House. We will lose our effectiveness to challenge the Executive and Government of the day, as we have to do. We saw this in the rows about secondary legislation the other day, where it was suggested that the House of Lords should have its power to do anything about that removed, so there is this gradual erosion.

I shall finish with a couple of quick points. I think that the noble Lord, Lord Norton, said that an heir cannot be appointed to the House of Lords as a life Peer. They can; I do not think that there is any bar on an eldest son or daughter being appointed.

[Lord Norton of Louth]

No.

[The Earl of Erroll]

If there is not, that is good. I thought that there was not.

It amused me that the noble Lord, Lord Rennard, referred to the election of the hereditary Peers not meeting a democratic standard. I am pleased that he approves of democratic standards and will therefore approve of only further democratic reform of the House of Lords, not an appointed House. I also noticed that the noble Lord, Lord Anderson, suggested that if we were to go down the route of getting to the House of Lords that many other people use, you basically have to be useful to a Prime Minister. I am not sure whether that is the right way to get here. However, I was glad to hear that the noble Lord, Lord Haskel, approves of an elected House.

The point of all this comes down to what the noble Lord, Lord Elton, said, which was absolutely key: that we are watching control of the legislature by the Executive gradually creeping in. He may not have used those exact words but that is what it is. We watch this whenever Ministers in the House of Commons, who are heads of executive departments, think that they are more powerful and important as that than as Members of Parliament, controlling themselves as members of the legislature. We forget that at our peril. The real problem with an appointed House is: who will control and appoint the Appointments Commission? That is the key to the problem because if the Executive get control of it, they will have control of both Houses.