House of Lords (Hereditary Peers) Bill

Lord Hope of Craighead Excerpts

3rd reading
Monday 21st July 2025 Lords Chamber

[Lord Pannick (CB)]

My Lords, I added my name to Amendment 1 because it provides the best solution to a sensitive problem. There is, at present, uncertainty as to whether noble Lords who lack capacity can resign from the House. A legislative provision is required to remove this uncertainty, but the risk with legislation on this complex topic is that it may fail to capture all the relevant criteria and would then be very difficult to amend. The neat solution adopted by Amendment 1 is to provide statutory authority for Standing Orders of this House to regulate the matter. The complexity of the issue remains, but it can be addressed in detail in the drafting of the Standing Orders and with the assistance of the expertise in this House—you can never have too many lawyers. I am very grateful to the noble Baroness the Leader of the House for responding speedily and effectively, with the considerable assistance of the Bill team, on this important issue raised at earlier stages, as he has said, by the noble Lord, Lord Ashton of Hyde.

[Lord Hope of Craighead (CB)]

My Lords, I pay tribute to the noble Baroness the Leader of the House for all the work that she and those in her office have been doing over many months to find a solution to this problem on behalf of the families of Peers who lack capacity. I know that it is the families that she has particularly in mind, and they certainly deserve our careful thought. The solution which has been adopted is an agile one, as has been said, which means that the House has ownership of the drafting of the Standing Orders and the mechanisms that are necessary. As it happens, it is exactly the kind of solution that the Supreme Court found for itself in 2009. It was provided with a set of rules which could be altered only by statutory instrument, and it decided instead to resort to practice directions of its own devising, which are flexible and can be changed as circumstances require. So, the mechanism is ideal and very much to be welcomed.

I particularly welcome Amendment 3, which characterises the thoughtfulness of the noble Baroness. It means that the measure will come into force on the passing of this Bill and we will not have to wait until the end of the Session, which is surely absolutely right. Our thanks go particularly to the noble Baroness for the work she did long before the noble Lord, Lord Ashton, brought forward his amendment.

[Lord Garnier (Con)]

My Lords, in endorsing what the noble and learned Lord has just said, I think it would be remiss to allow my noble friend Lord Ashton to hide behind his natural diffidence. Without him, this would not have happened; we owe him a great debt, as do the families of those Peers who may wish to make use of this provision in future. Of course, I thank the noble Baroness the Leader for her assistance in this matter. It is regrettable that this looks as though it is the only amendment to this Bill which will survive to Royal Assent. However, at least it is a good amendment that we can all celebrate.