Procedure and Privileges Committee

Lord Hamilton of Epsom Excerpts

Monday 14th December 2020 Lords Chamber

[Lord Trefgarne (Con)]

My Lords, I will not detain your Lordships for more than a few moments. I very much agree with the position taken by my noble friend Lord Mancroft. These hereditary Peer by-elections should and, I hope, will remain in place until—as was said back in 1999—House of Lords reform is complete. I had the privilege the other day of having a small piece published in the New Statesman in which I described what I thought might be an appropriate form of House of Lords reform. To be honest, I would not oppose an elected House, but I do not believe the idea would ever get through the other place. I am therefore more than happy to support something rather more modest, as I said in my piece, to which my noble friend Lord Strathclyde referred. These by-elections are provided for in law. They should happen as soon as possible. I very much support my noble friend Lord Mancroft.

[Lord Hamilton of Epsom (Con)]

My Lords, I address the House from the Cross Benches, not because I have suddenly decided to join them but because there is so much enthusiasm from my Conservative colleagues to contribute to this debate that I did not have anywhere else to sit. I also have worries about trying to join the Cross Benches; I do not think I am left-wing enough.

I am still smarting under the blow of the internal market Bill, when we were told in no uncertain terms that the Government were acting illegally regarding the withdrawal agreement. I opposed the noble and learned Lord, Lord Judge, at that point, because I had been told by my noble and learned friend Lord Keen, the former Advocate-General for Scotland, that it was legal. We therefore had a disagreement between two very distinguished lawyers over what was legal and what was not in that Bill.

We are back in this situation now. Legal advice is being given that it is all right to delay these by-elections, while other legal advice would tell you that it is not all right to go against an Act of Parliament and a statute saying that these by-elections should be held. The problem with lawyers is that they are liable to back whichever side happens to suit them at the time. I would not describe the noble and learned Lord, Lord Judge, as hypocritical, but I would call him inconsistent. The House should seriously consider its different views on legality in this case.

[Baroness McIntosh of Pickering (Con)]

I suppose I will be described as a “lefty lawyer”, but I would like to change the subject. I welcome the provisions in the fifth report of the Procedure Committee relating to Questions, which are eminently sensible and practical. Could it also look at Questions for Written Answer which have not been answered for 10 days or more? There are some 113 such Questions on the Order Paper today; this should be addressed as a matter of urgency.