House of Lords (Hereditary Peers) Bill

Lord Howard of Lympne Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

[The Earl of Kinnoull (CB)]

HOLAC is 25 years old in May and, looking at its report card, one would say that it has been a success. Of its two jobs, the production of the 76 Members that the noble Earl, Lord Devon, referred to into the Cross Bench has been a great success. I can say, as I am not one of them, that they really are among our most regular attenders and most valuable contributors. On the other side, its vetting business has also been a success, otherwise we would have noticed standards slipping in the House all round. But HOLAC is a delicate child; it was born of a White Paper and it lacks the permanence that it deserves. It is now a non-departmental government body and an advisory body only.

I suppose there are three things that one could do to HOLAC from here: first, give it the permanence that I think it deserves; secondly, broaden the scope of what it looks at; and thirdly, increase its powers—or, rather, give it powers, because it does not have any at all at the moment. In permanence terms, as I have already suggested, I feel that the time has come, after 25 years of success, to try to find a way to make HOLAC more permanent somewhere in statute, and not just have it as something which appeared in a White Paper.

On broadening HOLAC’s scope, it is clear that the exercise it undertakes when it looks at new Members includes enough data, information and deliberation for it to make a determination on not just propriety but suitability. Given that it is an advisory body, this would be interesting to me, were I Prime Minister, and it should be asked to provide that guidance to the Prime Minister. I would have that element of broadening its scope.

Where I do have a difficulty, though, is on increasing HOLAC’s powers. It would be hugely complex. We would have to sort out who is going to be a member. Today, it is quite a relaxed process—it is going on at the moment to fill two slots—but it would be extremely interesting to all sorts of people to become a member, or indeed a chair, of HOLAC. Its scrutiny, if it had real power, would be something we would have to sort out as well. That would take some time, and the timetable for this Bill would not allow that. I do not feel that this Bill could possibly be a vehicle for increasing HOLAC’s powers, but it could be a vehicle for making it permanent and giving it some breadth.

[Lord Howard of Lympne (Con)]

My Lords, I will speak briefly to Amendment 45 and the other amendments in this group that would make HOLAC a statutory body. I was a member of the commission for a number of years and, despite the fact that I hold the proposers of these amendments in very high regard, it would be a great mistake to put it on a statutory basis. I say so for the same reason as that given by the noble Lord, Lord Kakkar, a distinguished former chairman of the commission, to your Lordships on 18 November 2022.

In a nutshell, making HOLAC a statutory body would make it subject to judicial review. This would mean that someone who was unsuccessful in their application to become a Member of your Lordships’ House could challenge that decision in the courts. It would mean that an appointment that had been announced and, indeed, confirmed could be challenged in the courts. The courts would be drawn into deciding who should and should not be a Member of your Lordships’ House—a Member of this Chamber of Parliament—which is a flagrant breach of what we have always understood by the separation of powers.

It may be suggested that the legislation contemplated by these amendments to make HOLAC statutory could in some way circumscribe the power of the courts to intervene. I am afraid that history demonstrates that in a contest of that kind between the parliamentary draftsman and the courts, the courts usually win.

[Viscount Hailsham (Con)]

My Lords, my noble friend is making a very serious point. Would he perhaps consider that the power of judicial review would be reduced if HOLAC was obliged, before making a public statement, to give the person affected the opportunity to respond?

[Lord Howard of Lympne (Con)]

On the contrary, if reasons were given, those reasons could be the basis of a challenge in the courts. I fear I entirely disagree with the last point my noble friend made in his speech, when he suggested that reasons should be given. If reasons are given, they can form a stronger or a particular basis for a challenge in the courts.

I shall content myself with one example of the attitude of the courts to attempts to circumscribe their powers to intervene. When I was Home Secretary, a decision was made, though not by me, to refuse British nationality to someone whom I will not name. The relevant statute says that in such cases the Home Office is not obliged to give reasons for its decision. The High Court decided that these words meant what most people would think they meant, which was that the Home Office did not have to give any reasons. The Court of Appeal, however, decided that because the statute gave the Home Office discretion as to whether it could give reasons, it was wrong not to give the reasons. Your Lordship will see what I mean when I say that it is extremely difficult to circumscribe the determination of the courts to intervene.

I do not think that the courts should have a role in determining the membership of your Lordships’ House. That would be a consequence of these amendments. I urge your Lordships to reject them.

Ukraine

Lord Howard of Lympne Excerpts

Tuesday 4th March 2025 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, there are two points there. First, the strategic defence review is coming up, and we will have the response of the noble Lord, Lord Robertson, who is not here at the moment. He has spoken already about the strategic defence review that he is leading, and the Government will be informed by that. It is probably above my pay grade to touch on the Chancellor’s toes before the next Budget. The Government are taking all these issues into account to look at how we can best do this, but we have also had quite stagnant growth in this country for some time. Increasing the growth of our economy will be crucial to looking at how we fund all our commitments overseas and public services here.

[Lord Howard of Lympne (Con)]

My Lords, I join the unanimous support that the House has given to the efforts of the Prime Minister, and we all congratulate the Prime Minister on what he has sought to do in the past few days. Alas, however, his efforts have not yet met with success—and it is clear, is it not, that even in the few days that have elapsed since this House last responded to a Statement in the other place on this issue that the crisis has become more acute and that, though it grieves me to say so, we cannot rely on the United States under this President. I quite understand why the noble Baroness cannot say that and why the Prime Minister cannot say that, but it is, sadly, the truth. Is it not clear that, given what has happened even in these last few days, however difficult it may be, we have to have an urgent increase in the defence budget, greater and sooner than the Prime Minister indicated last week?

[Baroness Smith of Basildon (Lab)]

I am grateful to the noble Lord. He is right, and it is at times like these that any Prime Minister would be tested to ensure that we get the best for our country. The first duty of any Government is the safety and security of their citizens, and we must do what it takes to achieve that. The Prime Minister, reaching out across the Atlantic but also across Europe, has taken a leadership role with other European leaders, which has been really important for this country as well. The noble Lord will know that defence spending is not something that you can turn on like a tap, and in getting to 2.5% there is a lot of work to be done, but we will be led by the strategic defence review, which will indicate where we are leading. But the Government will always take a change in circumstances into account.

House of Lords (Hereditary Peers) Bill

Lord Howard of Lympne Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[Lord True (Con)]

If I may: this is Committee. The noble Lord can come in. I am concluding my remarks, but I will answer him later. We have seen in recent days the nature of negotiation with a big stick. That is not the House of Lords way, nor is it the way in which the noble Baroness leads us. I urge her not to reject these proposals or any part of them when she responds, but to agree to take them away. Let the Government block entry of new hereditary Peers, as my amendment accepts and as the House should accept, but otherwise let us together pursue the path of peace with expedition, and with honour and justice. I beg to move.

[Lord Howard of Lympne (Con)]

My Lords, in considering the purposes of this Bill, it is necessary to remind ourselves of the circumstances in which our hereditary colleagues continue to sit in your Lordships’ House. They are here because of an agreement which was reached in 1999 that they would continue to sit in your Lordships’ House until stage 2 of the projected reform had taken place. The late Lord Irvine said that that agreement was binding in honour; he said it was a guarantee. He gave those undertakings as—

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

I am sorry to interrupt the noble Lord, but I think he said “the late Lord Irvine”; I remind him that the noble and learned Lord is not late.

--- Later in debate ---

[Lord Howard of Lympne (Con)]

I apologise, both to the Committee and to the noble and learned Lord. I am delighted to hear that he is still with us. I am most grateful to the Leader.

The noble and learned Lord, Lord Irvine, gave those undertakings as Lord Chancellor—an office which then occupied a rather higher position in our firmament of distinction than it has since. “Binding in honour”: those were the words he used. Honour is not, to our collective regret, a characteristic much associated these days with politicians, or even with legislators who do not regard themselves as politicians, so it behoves those of us who regret this lamentable state of affairs to do what we can to remedy it. That means honouring commitments, such as those given by the noble and learned Lord, Lord Irvine. This Bill dishonours those solemn assurances, so the conclusion is inescapable, as my noble friend Lord Hannan said at Second Reading, that this is a dishonourable Bill.

Some of your Lordships may argue that those assurances were given more than a quarter of a century ago and we cannot therefore continue to be bound by them. But honour is not time limited. Indeed, the noble and learned Lord, Lord Irvine, could have said, had that been his intention, that his assurances were not intended to last for more than a quarter of a century. He could have said it, but he did not. Some of your Lordships may argue that those assurances are trumped—I use the word advisedly—by commitments in an election manifesto. If that had been his intention then the noble and learned Lord could have said so, but he did not.

There is, as I have said, no escaping the fact that this is a dishonourable Bill, and any votes cast for it are dishonourable votes. I suggest that your Lordships bear these facts in mind when assessing the purposes of the Bill.

[Lord Forsyth of Drumlean (Con)]

My Lords, I do not know if I am alone in having a sense of fear and anxiety about the state of the world at the present time. The fact that we are debating ourselves when, at the other end of the Corridor, they are considering the issues of security that are so central to our country’s future and the future of our alliances, makes me wonder whether perhaps we have got our priorities wrong in this place that we should be talking about ourselves and that we should be so divided when we can easily be united, as my noble friend Lord True has so clearly set out. He has offered us an opportunity to avoid any further conflict and dislocation of the great work that this House does.

In recent days, the conduct by the Prime Minister of our affairs as a nation has been exemplary. He has shown great courage in dealing with very difficult circumstances. He has said that he wants to be a bridge between our closest ally, the United States, and Europe. I ask him and the Leader of the House: could they not be a bridge between us and the House of Commons? The Commons is filled with a large number of Labour MPs who won the election fair and square on a clear manifesto commitment to end the process by which hereditary Peers could come to this House and take part in legislation. That is accepted, as my noble friend said in moving this amendment.

I mean no disrespect to any of my colleagues, but I look at these not quite hundreds but dozens of amendments, some of which are a little on the absurd side, and I ask whether this the way in which this House should carry out constitutional reform, in this kind of manner. Constitutional reform should be done, as my noble friend has said, on the basis of consensus. It should be carefully considered, and the consequences and the unintended consequences of one thing relative to another should be taken account of. This is no way to deal with this proud and important House, which plays an increasingly crucial part as the Commons has increasingly used timetable Motions to avoid doing the work carried out in this place.

I ask the Leader of the House, whom I have always held in the highest regard, is there not a better way? Can we not accept that the hereditary principle is dead? Can we not recognise that among the hereditaries in this House are some of the most talented and able people? That may sound like a partisan comment because quite a lot of them are, of course, Tories, but are we really going to say goodbye to the Convener of the Cross Benches? Forgive me for naming individuals. Are we going to say goodbye to the noble Lord, Lord Vaux, who serves on my Financial Services Regulation Committee, has great expertise and knowledge, and has done great work on the equally intractable problem of the restoration and renewal of these buildings? Are we going to throw out my noble friend Lord Moynihan, an Olympian, with his great experience and knowledge of sport? Are we really going to dispense of the services of my noble friend Lord Howe, who can take any issue, no matter how controversial and divided, and make us all think, “Why did we not think of that in the first place?” Are we going to throw out people like my noble friend Lord Strathclyde, who led this House with such distinction?

As he demonstrated earlier today, sometimes the noble Lord, Lord Foulkes, gets a bit carried away with himself. We have a duty to try to work together. There has been some criticism of some of the appointments that have been made by the Prime Minister. I understand why the Prime Minister wants to have a reasonable number of Labour Peers in this House. There have been some people who have said, “Why are we getting all these trade unionists? Why are we getting all these Labour MPs?” Some people have even put down amendments suggesting that there should be a quota on the number of MPs in this House. Speaking as a former MP, I think that is the most ridiculous thing I have ever heard. The response to that is that they are being rewarded for their duty in public service—and quite right too.

--- Later in debate ---

I do not regard that as a particularly tasteful way of describing it, but he was illustrating how he planned to wreck the whole of the Labour Government’s legislative programme—his words, not mine—a Government who had the same huge majority as we have now, which was of no consequence to him. There are many lawyers here. Is an agreement on the basis of which huge threats were being made to one party to it an honourable one? Would that be an agreement in law? I do not know the answer to those questions, but I can pretty well guess them, because it is true—

[Lord Howard of Lympne (Con)]

If the noble Lord is correct, why did the noble and learned Lord, Lord Irvine, use the words “binding in honour”?

[Lord Grocott (Lab)]

I cannot possibly interpret at this juncture the views of the noble and learned Lord, Lord Irvine—I know that the noble Lord, Lord Howard, has resurrected him during this debate. I really do not know precisely why he used the wording, but I know the context in which that “agreement” took place. I was working in No. 10 at the time. We were told by the then Chief Whip, my predecessor, that he feared for the whole legislative programme if we did not concede to the 92 hereditary Peers remaining. I do not feel in any way guilty or dishonourable by regarding that as an agreement that is not valid.

Defence and Security

Lord Howard of Lympne Excerpts

Wednesday 26th February 2025 Lords Chamber

[Lord Howard of Lympne (Con)]

My Lords—

[Noble Lords]

My Lords—

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

The noble Baroness is absolutely right: you cannot suddenly turn on a tap for defence expenditure, say it is however many billions of pounds more and then spend it the next day. Supply chains, research and development, and recruitment must be put in place. That is where the work of the strategic defence review that I mentioned will be vital. We totally concur with her important point.

[Lord Howard of Lympne (Con)]

My Lords, the comfortable world in which we lived up to two weeks ago has gone, and we now have to face some harsh realities. The stark truth is that we can no longer rely on a country that votes with Russia, North Korea and Iran in the United Nations for our defence or that of Europe. Does the Leader of the House agree that, while the Prime Minister’s announcement yesterday of an increase in defence spending is welcome, it is just a start? Does she also agree that we need to look radically at the entire remit of government spending to accommodate the very substantial increase in the defence budget, which, alas, is now necessary?

[Baroness Smith of Basildon (Lab)]

I am grateful to the noble Lord. He makes the point, which I also made in an earlier answer, that this is a generational shift: the world has changed, and we have to respond to that. The role that the Prime Minister has taken is one of leadership. It is important that we recognise that we want to maintain our alliance with the United States—we hope that that goes from strength to strength—and that we want to work within Europe in a leadership role. Some will try to lead us to make a false choice, but we will not do that. The noble Lord also made the point that this is a step in the right direction; it is not the end. The Government have committed to 3% following on from 2.5%, and that will be important. As a nation, we will have to come to terms with what our defence capability should be, how we fund that and how we maintain that moving forward. He is right to say that this is part of a process; it not the end of the story.

Gaza Crisis

Lord Howard of Lympne Excerpts

Monday 14th October 2024 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, we condemn Iran’s attacks against Israel and recognise Israel’s right to defend itself against Iranian aggression. At this moment, when tensions are at their peak, we call on Iran to step back from the brink. A regional war is in absolutely no one’s interest. We are deeply concerned about the escalation of conflict in the region that threatens to destroy many innocent lives. That is why we are working tirelessly with partners, including allies in the region, to establish immediate ceasefires, both in Gaza and along the blue line. In Gaza, a ceasefire must be the first step on the path to long-term peace and stability, with a two-state solution—a safe and secure Israel alongside a viable and sovereign Palestinian state—at its heart.

[Lord Howard of Lympne (Con)]

My Lords, I ask the Minister now to take the opportunity to correct the misleading Answer given to your Lordships’ House on 3 September by his noble friend the noble Baroness, Lady Chapman, when she told your Lordships’ House that the Government were

“required to suspend certain export licences”—[Official Report, 3/9/24; col. 1065.]

to Israel. Is it not clear that what she said was in complete contradiction to what the Foreign Secretary told the other place on 2 September, when, in justifying the decision not to impose a ban on equipment for the F35, he made it plain that the Government had discretion on whether to ban or not?

[Lord Collins of Highbury (Lab)]

The simple fact of the matter is that we have responded to the arms embargo based on an assessment of Israel’s compliance with international humanitarian law. In that assessment, we have made decisions on suspending export licences that we assess do not risk facilitating military operations. They include 60 military items—for example, trainer aircraft and other naval equipment—and other non-military items, such as food-testing chemicals, and telecoms and data equipment. On exports, the F35 programme covered in principle by this suspension is for parts that can be identified as going directly to Israel. However, this is an international programme where we cannot be absolutely certain where those parts are going. That is why we have covered it in relation to the F35. The noble Lord can be assured that we will be determined to comply with international humanitarian law and will take the necessary steps where appropriate.

Anniversary of 7 October Attacks: Middle East

Lord Howard of Lympne Excerpts

Tuesday 8th October 2024 Lords Chamber

[Lord Howard of Lympne (Con)]

My Lords, I have been to Kfar Aza kibbutz and seen for myself the dreadful, terrible devastation which occurred on October 7, and I have visited the town of Sderot both before and after October 7 and seen a terrible difference. The Statement referred to Emily Damari, the only British hostage remaining in Gaza, whose mother I had the privilege of meeting last week. Would the Leader tell us what specific action His Majesty’s Government are taking, through Qatar or other intermediaries, to try to secure her release? In view of the part played by Iran in fomenting violence across the region, and the remarks of the Supreme Leader to which my noble friend referred, will the Government reconsider their decision not to proscribe the IRGC?

[Baroness Smith of Basildon (Lab)]

Clearly, Emily’s mother had the same effect on the noble Lord as she had on me when I met her. We must try to understand how she must feel, with not knowing. When I spoke to her, she had not heard from her daughter for some considerable time. Not knowing is almost worse than understanding what is happening. Some of the reports of Emily’s bravery are quite incredible; that will become evident and hopefully she can be returned home. Ongoing efforts using every means appropriate to ensure that Emily comes home to her family are being taken by the Government. That is an ongoing process.

The issue about the IRGC is under review. It is sanctioned and that will continue. The noble Lord will know that there is never ongoing reporting back or dialogue on these issues, but it is a matter under constant review. We will do everything we can to ensure that we take the appropriate action in that regard.

Israel and Gaza

Lord Howard of Lympne Excerpts

Monday 16th October 2023 Lords Chamber

[Lord Howard of Lympne (Con)]

My Lords, I have just been talking to the families of some of those who have been taken hostage in Gaza. The NGOs and the United Nations have understandably been vociferous in their concern for the civilian population of Gaza. However, those organisations have been working in Gaza for many years and so must have extensive contacts with Hamas and its leadership. Will His Majesty’s Government urge those organisations to use their contacts with Hamas to persuade it to release the hostages now—the grandmother, the Holocaust survivor, the babes in arms, all 199 of them—in return for which Israel has said it will resume the supplies of food, fuel and water to the people of Gaza?

[Lord True (Con)]

My Lords, the British Government will bend all their efforts not only to securing the release and safety of British people who are missing but to supporting all those who have been kidnapped, taken and oppressed in the way that my noble friend describes. We are talking to a range of organisations and nations—sovereign states and others—which may have capacity to bring to bear on the Hamas leadership. Whether that will soften the hearts of some of the people who ordered this atrocity I hesitate to forecast. However, I promise my noble friend that the British Government will pursue the action that he refers to.

Tributes: Sir David Amess MP

Lord Howard of Lympne Excerpts

Monday 18th October 2021 Lords Chamber

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, I open to the House.

[Lord Howard of Lympne (Con)]

My Lords, David Amess and I entered the House of Commons together at the 1983 general election. He was my colleague and friend for nearly 40 years. He was, as so many others have said, a really lovely man. He was one of that select band of people who are truly life-enhancing. When you left a meeting with David, even a chance encounter, you felt happier and better than you had felt before.

He was one of those rare human beings who looked for the best in others and, in doing so, brought out the best in them. He was a living antidote to the cynicism with which so many regard politics and politicians, and I join so many others in expressing my heartfelt sympathy to his family. He was, of course, a Conservative, and his conservative beliefs were deeply held and truly felt. However, as so many have said this afternoon, they did not in any way prove an impediment to his working with others across parties for the causes in which he believed.

Afghanistan

Lord Howard of Lympne Excerpts

Wednesday 18th August 2021 Lords Chamber

[Lord Howard of Lympne (Con) [V]]

My Lords, I believe that we were right to intervene in Afghanistan and wrong to withdraw. I say “we”, but of course the decisions to intervene and to withdraw were made by the Americans. We could not have gone it alone. The original decision to intervene was a reaction to the attack on America, the 20th anniversary of which we commemorate in a few weeks’ time. More recently, the intervention has been in response to an invitation from the legitimate Government of that country to help them overcome a barbaric insurrection which posed a terrible threat to its people, especially its women, and to the welfare of the wider international community. If the values of what we loosely call the West are to have any substance, we were right to respond to that invitation. I believe it justified the lives, the blood and the sacrifice of so many of our young men and women, and those of our allies, to whom I pay heartfelt tribute.

The responsibility for the decision to withdraw rests with President Biden. Up to now, many of us have been rather impressed with the president’s performance in his first few months in office, although that may in large part be due to the relief at the absence of his unlamented predecessor. But I am afraid that President Biden’s decision to withdraw from Afghanistan is, and will be seen by history as, a catastrophic mistake which may well prove to be the defining legacy of his presidency.

It is a mistake which will, I fear, have calamitous consequences: first, for the people of Afghanistan, and especially its women; secondly, for the countries, including European countries, to which many of these people will seek to flee; thirdly, for the security of ourselves and our friends and allies, who will once again be vulnerable to attack from that country. It has been widely reported that those loyal to al-Qaeda and Islamic State have been fighting alongside the Taliban. They will expect their support to be rewarded.

Fourthly, and in some ways perhaps most importantly of all, it fatally undermines the credibility of any assurance of support—past, present or future—that we in the West offer to those who need it. Any future promises will be in debased coinage. These are dark days for those of us who believe in the values of what we loosely call western civilization. They mark a significant staging point in its decline. If that decline is to be reversed, or at least arrested, we are in dire need of statesmanship of a very high order. Sadly, that statesmanship is today conspicuous largely by its absence.

His Royal Highness The Prince Philip, Duke of Edinburgh

Lord Howard of Lympne Excerpts

Monday 12th April 2021 Lords Chamber

[Lord Howard of Lympne (Con) [V]]

My Lords, there is little that I can add to the many words that have extolled the remarkable qualities of His Royal Highness the Duke of Edinburgh. His intelligence, imagination and relentless sense of duty would have taken him to a position of leadership in any area of life that he chose. It is our great good fortune, as a nation and as a Commonwealth, that he chose to devote his life and those abilities to the service of Her Majesty the Queen. So, as we remember and pay tribute to this extraordinary man, we should pause to reflect not only on the significance of his contribution to the monarchy but, as the noble Lord, Lord Janvrin, did, on the significance of that institution in our national life.

We stand apart from others in the continuity of our constitutional arrangements. We do not have an elected Head of State, nor an appointed one. We have a Head of State whose unique position, as the Prime Minister has said, plays a vital role in the balance of our national affairs. That gives us very special advantages. We have of course been blessed with a monarch who commands love and respect on all sides. A couple of years ago, on a visit to a Caribbean island whose Head of State she is, I read a newspaper editorial proffering some advice to a new Governor-General: “If you are in doubt about any decision you are about to make,” it read, “just pause and ask yourself: ‘What would Her Majesty do?’”

It is difficult to see how Her Majesty could have achieved that pinnacle of affection and respect without the strength and stay of her husband. As we mourn the passing of this remarkable man, whom we shall so greatly miss, we should reflect with gratitude on the extent to which we are the beneficiaries of the dedication to public service of the Queen and the Duke. We pay tribute to the memory of the man to whom we owe so much.