House of Lords (Hereditary Peers) Bill

Debate between Lord Hermer and Lord Parkinson of Whitley Bay

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Hermer (Lab)]

The constitutional tension is between judges who sit on cases that may often concern government legislation also sitting in the legislature. The distinction I seek to draw simply seeks to exemplify the merits and demerits of a debate that may well take place during consultation. It is not meant to reflect any firm view of the Government as to where that may ultimately land.

I make one final point on the amendments from the noble Lord, Lord Parkinson, drawing on the wider point that I made a moment ago about the merits of looking at this in the round. It is worth reflecting that, if this were to come into effect today, it would create a significant number of new Members of your Lordships’ House. Putting aside judicial Members, of that large number, only five would be women. It is also right to remind ourselves that, in the long history of the Appellate Committee of your Lordships’ House and then the creation of the Supreme Court in 2010, there have been only four women judges or members of that committee.

[Lord Parkinson of Whitley Bay (Con)]

The point I was making with my amendment was not necessarily to make the case for all—I take the arguments that the Minister and others have made about a slippery slope—but to tease out the distinction between the constitutional point that the Minister identified, on the necessity of appointing judges on appointment, and maintaining the independence of action of senior public servants who might want to curry favour with Prime Ministers who have the power to put them in the House of Lords after they complete their jobs.

[Lord Hermer (Lab)]

The noble Lord’s intervention exemplifies the important conversations that lie ahead as we try to unpick those tensions.

As I have just alluded to, there are wider questions around the future composition of this House. The Government are committed to other reforms, not least the alternative second Chamber set out in our manifesto. There is no doubt that this House will continue to be blessed with legal expertise. There is also no doubt that, with any appointment to your Lordships’ House now or in future, the expertise offered by former members of the senior judiciary will be a blessing to your Lordships’ House. Although noble Lords have pressed an important point and this has been an important conversation, I respectfully ask the noble Lord to withdraw his amendment.

House of Lords (Hereditary Peers) Bill

Debate between Lord Hermer and Lord Parkinson of Whitley Bay

Committee stage
Wednesday 12th March 2025 Lords Chamber

[Lord Hermer (Lab)]

Again, we need to remember what the amendment seeks to do, which is create yet another category. The question there is: how would this help and who would it serve? The Government’s position is that a further category would not help promote the image of your Lordships’ House in the public eye. It would lead to confusion and it would not add to utility. There is no suggestion that the honours system is somehow bereft of a further status that needs to be met by the creation of a further class of Peer.

[Lord Parkinson of Whitley Bay (Con)]

The noble and learned Lord asked how this would help and who it would serve. I had the privilege of acting as an adviser to a former leader of my party, a former Prime Minister, and I certainly saw, as noble Lords have alluded to, the not inconsiderable queue of people who come to offer themselves for service in the upper House. I have seen party leaders of all political persuasions come under similar pressure. It would help them to be able to say, “Look, there are ways of recognising your great contribution to national life without giving you a seat in the legislature”, thus separating the distinction of a barony, earldom, marquisate or whatever from a perpetual role in legislating for the life of the nation.