House of Lords (Hereditary Peers) Bill

Lord Howard of Rising Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

Moved by

[Lord Howard of Rising]

12A: In inserted subsection (1A), leave out second “not”
Member’s explanatory statement
This amendment seeks to render the House of Lords Appointment Commission ineffective.

[Lord Howard of Rising (Con)]

My Lords, this country is being slowly but inexorably paralysed by committees of all shapes and sizes—departmental public bodies, quangos, you name it. New ones are being created on a regular basis, and every single one of them—new and old—is doing its best to expand its remit, thereby increasing its power and, frequently, its budget. The result, more often than not, is that Ministers are unable to take decisions. They are obliged to seek advice from this committee or that. If something goes wrong, however, it is the Minister who is held responsible and has to take the blame, while these unelected bodies, populated by the people who know best, remain unaccountable. Even the Chancellor of the Exchequer has to consult the Office for Budget Responsibility, an organisation that gets things wrong more often than right. What is wrong with our own vast department, the Treasury—or even the Bank of England, which has been known to get things wrong? When it comes to misjudgments, it is but a rank amateur compared with the OBR.

I draw your Lordships’ attention to one organisation that could be got rid of with no loss: the House of Lords Appointments Commission—HOLAC. It is a non-departmental public body. If His Majesty the King wishes, on the advice of the Prime Minister, to appoint someone to the House of Lords, what is the commission needed for, when exactly the same advice that the commission calls on to take its decision is available to the Prime Minister? Why does this advice need to be filtered through a separate body? What is the point of having an organisation to collate information from government departments to present it to the Prime Minister?

[Viscount Hailsham (Con)]

One reason is that we do not always trust the Prime Minister.

[Lord Howard of Rising (Con)]

He can already get this information.

I regret having to say this, but on more than one occasion HOLAC has taken a decision, or made a recommendation, that has been biased by a political view and not as an arm’s-length appraisal, resulting in the rejection of candidates of the highest calibre. That is not what the commission should be doing. I hope that the noble Baroness, Lady Deech, for whom I have the greatest respect and admiration, will stop HOLAC going beyond the bounds of what it should be doing.

At this very time, this Chamber is coming under increasing scrutiny. We need to welcome into our ranks individuals of talent, vision and extraordinary achievement. I strongly believe that HOLAC is a hindrance to this process and is damaging the future health and viability of the House of Lords. I beg to move.

[The Earl of Devon (CB)]

My Lords, I rise to speak to my Amendment 51, to which the noble Lord, Lord Anderson of Ipswich, and the noble Earl, Lord Dundee, have kindly added their names. I look forward to their contributions and appreciate their support.

This amendment, along with others in this group, focuses on the exemplary work of the House of Lords Appointments Commission, or HOLAC, whose appointees sit largely here on the Cross Benches. While I do not agree with ranking ourselves by method of entry to your Lordships’ House, I firmly believe that, once here, we are all equal. In my view, the angels of HOLAC have by far the worthiest routes to these red Benches. My amendment would increase the number of HOLAC appointments accordingly. Whereas the amendments from the noble Lords, Lord Newby and Lord Wallace, seek to ensure that the approval of HOLAC would be mandatory before any life peerages were conferred—a proposal I am minded to support given the excellent work of the noble Baroness, Lady Deech, and others and the importance of probity to appointments to this House—Amendment 51 is more limited. It aims to encourage the use of HOLAC as a means by which a further 20 Cross-Bench Members of Your Lordships’ House are appointed during the five years after the passage of this Bill.

Unlike the party-political Benches, which can organise themselves and lobby for their share of prime ministerial patronage to recharge their Benches following the removal of the hereditary Peers, the Cross Benches, as a determinedly independent body of individual Peers, are not in a position to push collectively for new membership. They will inevitably lose out due to this legislation and the House undoubtedly will be more political and thus less effective. This amendment has the benefit of diluting, if only a little, the relative increase in prime ministerial patronage that will result from the removal of the hereditary Peers. That must be a good thing.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

Before I deal with Amendment 12, the noble Lord, Lord Howard of Rising, moved his Amendment 12A; does he wish to withdraw it?

[Lord Howard of Rising (Con)]

I beg leave to withdraw my amendment.

Amendment 12A withdrawn.

House of Lords (Hereditary Peers) Bill

Lord Howard of Rising Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[Lord Swire (Con)]

My Lords, first, retaining the connection between these two Great Officers of State and this place would reassure those who are concerned about the weakening link between this place and the monarch. Secondly, what does the Lord Privy Seal say about the role of the Lord Great Chamberlain? As she will be aware, he has joint control, with the Lord Speaker and the Speaker of the other place, over Westminster Hall and the crypt chapel.

[Lord Howard of Rising (Con)]

My Lords, these two Great Officers of State are part of the framework that governs the Government and how they function. It would be humiliating for them to have to apply to something such as the commission to be able to come in here and fulfil their roles, which are part of our collective memory and the way we do things. Can you imagine going to the commission and asking, “Excuse me, I want to come in to help with the State Opening of Parliament tomorrow. Please, can I have a pass?” It is beyond reason.

[Baroness Finn (Con)]

My Lords, it is with reverence for our traditions and institutions that I support the amendment in the names of my noble friend Lord Strathclyde and others, and to defend the continued membership of this House of the Earl Marshal and the Lord Great Chamberlain. This is not merely to defend two historic offices but to uphold the enduring wisdom of our constitutional framework, as my noble friend Lord Howard just pointed out.

The ancient offices of the Earl Marshal and the Lord Great Chamberlain are not relics of a bygone age; they are pillars of our constitutional order, deeply woven into the fabric of our United Kingdom. Their removal from this Chamber would be an act not of modernisation but of heedless vandalism. From the solemnity of a monarch’s funeral to the grandeur of a Coronation, the Earl Marshal is responsible for orchestrating the great state occasions that define our nation’s story. The funeral of Her late Majesty the Queen was not only a moment of national mourning but a masterclass in dignity and order. This was in no small part due to the office of the Earl Marshal and his own tireless efforts to ensure that it was so. Indeed, as my noble friend Lord Strathclyde reminded us, the Earl Marshal also oversees the State Opening of Parliament in this place.

There has been an unbroken line of Lords Great Chamberlain from 1138 to the present. The office has changed over time, but for hundreds of years they have attended this House with the right to sit and vote. The Lord Great Chamberlain ensures that this very Palace functions with the decorum and tradition that befit the mother of Parliaments. Together, they are not merely witnesses to history but actors within it. Together, they ensure that the solemnity and dignity of our state endure beyond the politics of the moment. Together, they have active responsibilities that demand knowledge, experience and deep engagement with the institutions of the state. As my noble friend Lord Northbrook said, they are a vital link between the monarch and Parliament.

To exile these officers from this Chamber is to diminish their ability to discharge their duties effectively. Yet this Bill would remove them from this Chamber, as if their roles could be executed in absentia and as if their knowledge and service could be distilled into a parliamentary pass and a seat in the Public Gallery. The Lord Privy Seal has assured us that this Bill will not affect their ability to carry out their functions, stating that

“there is no legal or procedural requirement for either officeholder to be a Member of this House in order to be able to carry out their functions”.—[Official Report, 11/12/24; col. 1723.]

However, there is a profound difference between what is legally permissible and what is constitutionally sound. While statute may not require their presence here, precedent, wisdom and good governance do.

These offices are not purely symbolic; they require ongoing engagement with the legislative process to ensure the seamless operation of state functions. Without a seat in this House, they will be unable to contribute their unique expertise to debates on matters directly affecting their responsibilities, the Crown and Parliament. This was reinforced by my noble friend Lord Hailsham. Would we insist that the Lord Chief Justice never enter a courtroom, the Archbishop of Canterbury conduct his duties from a lay pew and the Speaker of the Commons be heard only from the corridors?

The holders of these offices have a range of functions. I will not detain the House by setting these out in full, but I will set out just two examples to demonstrate why their presence in your Lordships’ House is both useful and important. The Lord Great Chamberlain is entrusted with custody of the Palace of Westminster, and he is one of the three keyholders of Westminster Hall, who decide who may address both Houses of Parliament in Westminster Hall—the others being the Speaker of the Commons and the Lord Speaker. These decisions have been high profile, with international significance in the past. Would it not be odd for decisions about who may address Parliament be made by a Peer who is not a Member of either House?

Turning to the Earl Marshal, in addition to his duties at funerals and coronations, he oversees the College of Arms. The college is the organisation responsible for heraldry in England, Wales, Northern Ireland and across the Commonwealth. Occasionally, issues pertaining to heraldry come up in your Lordships’ House, most recently during Committee on the Football Governance Bill, during which my noble friend Lord Parkinson of Whitley Bay expertly argued that the Government had made an error in their drafting. The noble Duke, the Duke of Norfolk, was following the debate closely, as was the college itself. There is something to be said for retaining the person responsible for overseeing our heraldry in the House, so we can draw on their knowledge and experience in the future.

This artificial separation risks creating a situation where those responsible for key constitutional duties are sidelined from the very discussions that shape them, diminishing the effectiveness of both their roles and this Chamber. The argument for reform is often cloaked in the language of modernisation, but modernisation must not be pursued at the cost of effective governance. These hereditary offices play a crucial role in the functioning of our state, and their direct experience, knowledge and responsibilities make their presence in this House a matter of practical good sense. The Earl Marshal and the Lord Great Chamberlain do not just inherit their positions; they assume great responsibilities that require them to be familiar with the traditions and mechanisms of governance. The offices are defined by responsibility, not mere title. That responsibility is sharpened, not diluted, by a seat in this House.

Let us not ignore the precedent this sets. Reform, when done without care, rarely stops at a single step. What is dismissed as a minor adjustment today becomes the justification for wholesale destruction tomorrow. We must be wary of any proposal that makes our institutions less effective, less informed and less rooted in the traditions that give them strength.

Beyond our domestic affairs, there is also Britain’s international standing. Our constitutional system is admired worldwide, precisely because it blends continuity with progress. Our state occasions—the Coronation, royal weddings and funerals of heads of state—are watched by billions across the globe. They are not just moments of ceremony, they are demonstrations of national unity and the continuity of the state. The Earl Marshal is responsible for ensuring these moments are executed flawlessly, reinforcing Britain’s soft power and global influence. Denying him a seat in this House would not just be a symbolic loss; it would strip him of the access, authority and insight that enable him to perform his role at the highest level, weakening the very institution he is tasked with upholding on the world stage.

The Earl Marshal and Lord Great Chamberlain must retain their places in this House, not as anachronisms but as a vital component of our constitutional heritage. Let us not mistake removal for reform and let us not diminish this House. Let us say with conviction that those who have served this nation’s highest traditions shall not be dismissed, but upheld, valued and entrusted to continue their vital work. In preserving their place, we preserve the dignity, continuity and wisdom that have long guided both this House and this nation.

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to noble Lords for their amendments and for the comments that have been made. I think I can offer some of the reassurance that is sought. Certainly, in response to the noble Baroness, Lady Finn, I can say that we respect and regard the work that they do. We do not wish to hamper that all.

At Second Reading, I addressed some of the concerns raised. There is no contradiction with what I said at the time. I spoke to the Lord Speaker—it is a courtesy to do so, given the role that he plays—and I have spoken to the commission as well. I should clarify that the Bill will not affect the offices themselves and neither does it affect the ability of the officeholders to fulfil their important functions. I have gained the agreement of the commission and I have written to both the noble Earl and the noble Lord to confirm that they will have access. I can assure the noble Lord, Lord Howard of Rising, that it certainly will not be a case of seeking permission from the commission. That permission has been granted. They will have full access to the Palace to carry out their functions. There will not be an issue there. I wrote to them both today.

[Lord Howard of Rising (Con)]

I think they should have it by right, not by permission.

[Baroness Smith of Basildon (Lab)]

If agreed by the House, it will be a right. There has been some misunderstanding that the only way they can fulfil their functions is by being a Member of this House and having the right to speak and vote in the Chamber. That is not the case. If we go back in time, there have been cases where neither officeholder was a Member of your Lordships’ House. Peter Burrell was the Lord Great Chamberlain from 1781 to 1820. He was not a Peer until 1796. More recently, William Legge was the Lord Great Chamberlain from 1928 to 1936, but only inherited his title at the end of his time as Lord Great Chamberlain in 1936. Hugh Cholmondeley performed the office of Lord Great Chamberlain from 1966 due to his father’s ill-health. He succeeded to his father’s peerage in 1968. The current Earl Marshal took leave of absence from your Lordships’ House from 18 January 2021 for the remainder of that parliamentary Session—and we know that was a very important parliamentary Session in terms of the monarchy.

So I am confident that both noble Lords will be treated with the respect they deserve—and have earned— and they and their officeholders will be granted access to your Lordships’ House. It will not, in any way, impinge on their responsibilities and duties. I respectfully ask noble Lords to withdraw their amendment.

--- Later in debate ---

[Lord Collins of Highbury (Lab)]

I do not accept that for one moment. The noble Earl is well known. His contributions are well known and valued—he must not undersell himself. The important thing is that there was an opportunity in 1999, when people left this House because they were hereditary Peers, for some to be made life Peers. That certainly is the case in relation to this last act, contained in our manifesto, to ensure that the temporary arrangements agreed 25 years ago no longer continue. I do not think that people would understand this amendment breaching that commitment in the outside world, but it is wrong to—

[Lord Howard of Rising (Con)]

The noble Lord keeps mentioning the manifesto. Would he agree that, if I had a pound for every promise that had been in a manifesto from the Labour Party and the Conservative Party, I would be a billionaire?

[Lord Collins of Highbury (Lab)]

The noble Lord must be happy that at least one manifesto commitment is being kept, and it is this one. We will deliver on it.

I conclude by saying that it is wrong to single out Peers for their contribution. All Peers have made a tremendous contribution to the work of this House, and no one is undermining that. However, this is a commitment that we have made to the electorate, and it is one that we will keep and deliver on.

House of Lords (Hereditary Peers) Bill

Lord Howard of Rising Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Howard of Rising (Con)]

My Lords, getting rid of our esteemed colleagues, the hereditary Peers, is unnecessary and it is cheap. It creates a precedent for gerrymandering for which there is no need. In the five years between 2005 and 2010, the Labour Government suffered 175 defeats in the House of Lords. In the five years between 2019 and 2024, the Conservative Government suffered 410 defeats—more than twice as many as Labour. Why is there such a fuss about trying to get rid of a few hereditary Peers, just in case? It is despicable.

Get rid of the hereditary Peers and what will come next? Will be it an intensification of the silly attack on the number of Peers in this House? The average daily attendance last year was 397. If you shrink the House, where would you get the Peers with the relevant knowledge to go through Bills in detail? Since the other place took to timetabling everything, our House acting as a revising Chamber has become ever more essential. You have only to look at the number of government amendments in Committee to realise this. To have a sufficient number of Peers to properly examine the wide range of Bills, a sizeable pool is needed.

Let us reflect for a moment on how well this House works at present. Getting rid of that part of the House not appointed by today’s politicians will change the dynamic of the House for the worse. If His Majesty’s Government feel oppressed by too many Conservative hereditary Peers, they should brave the wrath of the noble Lord, Lord Grocott, and create more hereditary Labour Peers. We should not risk losing this important element of our House. Hereditary Peers may be a random and illogical element of the House of Lords, but they are nevertheless an essential part. I will not waste your Lordships’ time by repeating the statistics which prove the contribution that hereditary Peers make, as my noble friend Lord Blencathra has already talked about it.

Constitutional reform should be carefully considered, which is not the case with this Bill. There is talk of different reforms for our House. Beware of what you wish for; you do not know what might come next.