House of Lords (Hereditary Peers) Bill

Debate between Lord Garnier and Lord Anderson of Ipswich

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Anderson of Ipswich (CB)]

My Lords, although I am also a lawyer, I will be brief because the noble Lord, Lord Grocott, has a point. I am rather against rules that require people to be appointed to this House by virtue of offices that they have held. As a former holder of the least distinguished of the offices listed in the generous Amendments 58 and 59 of the noble Lord, Lord Parkinson, I certainly did not feel entitled to such elevation, although the work I did in that office emboldened me to try my chances with HOLAC.

The glory of the Cross Benches—if that is not too strong a word—lies in the very diverse backgrounds of those who are here. I fear that a mandatory inflow of establishment figures, rigidly predefined and appointed irrespective of any scandals that may have attended their time in office, would tend to reduce that variety, in particular by inhibiting the appointment of people’s Peers, about which I have spoken in a previous debate.

With respect to the noble Lord, Lord Parkinson, I would make an exception for the very senior judges named in the amendments of the noble Lord, Lord Wolfson, for the reason that he gave: judges at that level often have impartially to determine cases to which the Government are, and sometimes even the Prime Minister is, party. That is what distinguishes them from Chiefs of the Defence Staff, Cabinet Secretaries and so on. They have to choose, in any case, on the basis of the law, whether they are on the Government’s side or not. That is why, between judges of equal rank, the state has to be scrupulously even-handed about conferring honours or preferment.

I am sure that every Government see the priceless benefit that former Supreme Court judges bring to our deliberations, but such judges should not be appointed to this House, any more than they should be given knighthoods or damehoods, simply because the Government of the day like the cut of their jib. Something less arbitrary is required. Either all should be appointed, as proposed by the noble Lord, Lord Banner, in Amendment 68—which would be my own preference, I hope not only because, like him, I am awaiting a judgment from the Supreme Court—or, if that is thought to be too rich a diet, the honour should be rationed, as proposed by the noble Lord, Lord Wolfson, on the basis of rank. I hope Ministers might agree; I hope they might even be prepared to say so.

[Lord Garnier (Con)]

My Lords, I am very attracted to what the noble Lord, Lord Anderson, has just said. I find what my noble friend Lord Banner had to say extremely attractive, and I hope that the Government will find it their—