House of Lords (Hereditary Peers) Bill

Debate between Earl of Kinnoull and Lord Strathclyde

Committee stage
Monday 3rd March 2025 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, it is a pleasure to follow the noble Lord. As ever, he spoke with a lot of logic, and I agree with so much of what he said—not quite everything—as I have with so many other people.

I want to comment on only one or two issues that arose from the speech of the noble Lord, Lord True. Clearly, the genesis of this Bill goes to the very heart of the noble Lord’s amendment, but I would not want the amendment itself, which is quite narrowly drafted, to prevent the House from discussing the Bill in the round. I said at Second Reading that I thought it was important for the House to have this opportunity; House of Lords reform Bills come so rarely—as I pointed out, it is 10 years since the last one—and we need to discuss all the issues in the round. I am aware of the external pressures on the use of our time, and I would certainly like us to handle this expeditiously as we go through Committee. I will not detain noble Lords now or elsewhere in Committee.

I think the other discussions referred to by the noble Lord, Lord True, are incredibly important. It is important for the House to be able to settle its own reform package, with due regard to the Executive and to the most important document: the Government’s manifesto. I would very much like these discussions to come forward rapidly. I have been describing this as the thorn in the paw, because it is causing difficulties in all our work at the moment, and in the spirit in which we go about that work. I think everyone here would like that thorn to be drawn rapidly from the paw.

Before I move on from that topic to two final ones, I want to go on the record as citing just how open the Leader’s door has been. I have been watching it and I know how many people—over 40 at the last count—the Leader has engaged with, and the courtesy that there has been during this process. I value that a lot; it has been very helpful. Drawing the thorn from the paw is important.

The first of my two final topics relates to the propensity for Cross-Bench colleagues to retire. I thought that I should think about that, and I have had many conversations over the last two years with many Cross-Benchers. I feel it would be possible for a package of reform to set up an environment where quite a number of Cross-Benchers might want to retire. I say that knowing that our average age is 73, which is rather older than that of the House, and therefore we have quite a lot of people who are over 80 and who would, I believe, consider retiring.

The second relates to the Cross-Bench view—remember that we are sole traders—on reinforcing the conventions and dealing with the trend in ping-pong where more balls and longer rallies are being played. I have not yet met a Cross-Bencher who does not believe that reaffirming these conventions is in the interest of the Cross Bench and of the House. I think it goes to dealing with the ping-pong issue as well.

[Lord Strathclyde (Con)]

My Lords, I much enjoyed the speech of my noble friend Lord Forsyth, particularly when my name was mentioned and the noble Lord, Lord Foulkes, started murmuring on his Back Benches. What is less well known is that the noble Lord, Lord Foulkes, used to represent an important part of Strathclyde. Indeed, for many years he was my MP—some people thought it too long, but I thought it was just about right. It was a pleasure when he joined this House of Lords and long may he continue.

Less pleasurable was the speech of the noble Lord, Lord Newby, where he said there could be no consensus and no cross-party agreement. Yet I look back to 1958, when there was a consensus, and even in 1998 there was cross-party agreement to a Bill to remove nearly 90% of hereditary Peers. In 2012, in the Conservative and Liberal Democrat coalition, there was agreement on a Bill that was brought before the House of Commons. Unfortunately, that was kiboshed by the Labour Party, but there was otherwise broad cross-party agreement, as there was again in 2014 on retirement from the House of Lords—and there could be again in 2025. I say to the noble Lord, Lord Newby, that there is plenty of room for consensus and cross-party agreement on this Bill, as there has been on so many others. Nobody is trying to change everything in your Lordships’ House; we want incremental change.

I have said before that I do not much like this Bill, and I do not, but I understand the political dynamics and the motivation that brings it before us. For that reason, I repeat what my noble friends Lord Forsyth and Lord True have said, in that I accept the end of heredity as being a means of entering the House of Lords. After 800 years of hereditary Peers in this House, that era is now over and it will not return. This Bill is therefore the creation of a wholly appointed House, with those appointments in the hands of the Prime Minister, which is in itself an odd concept for a Government seeking to look modern and dispassionate. As we wave goodbye to those who were not brought here by patronage, we should spare a thought for this small part of the British constitution—around 10% of the House today—which existed through a combination of heredity and election.

The Government have a choice in bringing this Bill forward: to engage constructively with the House to find an equitable and unifying way forward or to put their heads down, listen to no one and carry on. The noble Earl, Lord Kinnoull, explained how gracious and generous the noble Baroness the Leader of the House has been in taking advice and trying to reach a consensus. We will now see what happens over the next few weeks; how the noble Baroness the Leader of the House responds will tell us how she means this debate to continue.

There is a difficult route to get the Bill onto the statute book—but there is also an easy one, with full co-operation from all parts of the House. I urge the noble Baroness to choose the latter. It will pay dividends for the reputation of this House and for all of us in the future.

My noble friend Lord True has put forward an extremely thoughtful range of suggestions on the way forward. It accepts the end of heredity. What it does not accept is the removal of some 45 Conservatives and 33 Cross-Benchers, many of whom have had years of service in this House and to numerous Governments. I suspect I am not alone when I say I find it extraordinary that the Convenor of the Cross Benches himself, chosen by the Cross-Benchers for his intelligence and calmness to represent them in the House and beyond, has not even been told or signalled, formally or informally, officially or unofficially, that he might be able to stay on. Should he lay down his burden as Convenor now or simply wait for the executioner’s blow? It seems a cruel way for the Government to carry on their business and it leaves everyone affected with a deep sense of unease and uncertainty.

Animal Welfare (Sentience) Bill [HL]

Debate between Earl of Kinnoull and Lord Strathclyde

Report stage & Lords Hansard - part two
Monday 6th December 2021 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, I apologise to the House for having been detained in the Moses Room earlier in another debate. Much of what I might have said has been put far better by my colleagues who have signed this amendment, in the shape of my noble friend Lord Trees, the noble Lord, Lord Moylan, and my noble friend Lady Deech, who has been incredibly helpful. I thank them very much. I also found the speech of my noble and learned friend Lord Etherton very persuasive on the basic and essential point.

I remind the House of a question I put directly to the Minister in Committee, right at the end, about what happens next. He said:

“I do not want to create a feeding frenzy for lawyers by putting anything in legislation that will increase opportunities for judicial review or any other legal measure.”—[Official Report, 6/7/21; col. GC 294.]


That is what set me thinking about whether or not, in the true construction, this provision increased or decreased the possibility for judicial review. We just heard from my noble and learned friend about that, and about how the European Convention on Human Rights would work. I will not rehearse all the arguments or restate what others have said but it is my settled view that, if we do not restore something that was the law of the land until midnight of 31 December last year and then stopped, there is a strong probability—particularly with the arrival of this committee—of increased action in judicial review and increased action under the ECHR. That seems to me to trip the very test the Minister set himself in Committee. That is why I put the amendment down again and why I strongly believe we need to accept it.

A very interesting point was made by the noble Baroness, Lady Fookes. I need to think about it, but in my bones I do not feel it is a problem and, obviously, nor do my colleagues. I am annoyed with myself for not having had the time to talk to colleagues on the Labour Front Bench to explain more carefully why this is not some sort of attempt to wreck anything but is a genuine point; we are trying to make sure that the Government can govern and are not dragged to the courts the whole time on what are, after all, a series of very emotive issues. We heard from the noble Lord, Lord Sheikh, about that in Committee.

My simple hope, having discussed this at length yesterday—I am very grateful for the Minister’s time—is that we can have a meeting after Report, and I very much hope the Labour Front Bench will be there, where we can discuss this carefully, including taking into account the good point made by the noble Baroness, Lady Fookes, and come to some sort of resolution. As I said, the advice from people who care about this and genuinely know about it is that the very test the Minister set himself in Committee would be tripped if we did not accept this amendment. I hope that, if he cannot accept it immediately today, we will not have a messy vote but agree that this is the one issue to be taken away and discussed between now and Third Reading.

[Lord Strathclyde (Con)]

My Lords, I support very much my noble friend Lord Marland in his amendment, both the principles behind it and its detail, and the amendment from the noble Baroness, Lady Deech, which was extremely well argued by her and supported by the noble and learned Lord, Lord Etherton, the noble Lord, Lord Trees—modestly—and the noble Earl, Lord Kinnoull.

It strikes me that the Government have got themselves in a bit of a muddle on all this. The more I have listened to noble Lords behind me who obviously think the Government have got it wrong, the more I wonder why they are legislating in this way. If he had wished to do so, could the Secretary of State not simply have set up a committee by declaration, to do everything the Government want it to and try out some of these extremely complicated and difficult issues which have been raised not just today but in Committee? I feel it would have been a much better way to progress thinking and policy on this Bill and would not have made the sort of mistakes which I have a horrible feeling the Government are heading into by putting forward primary legislation in this manner, when we all know that changing primary legislation is incredibly difficult.

I hope my noble friend the Minister has listened very carefully to the noble Earl, Lord Kinnoull, who made a very fair offer of discussion on this extremely complicated policy matter, with the aim of coming forward with some rationally thought through amendments at Third Reading, which I would very much support.