House of Lords Reform

Lord Kirkhope of Harrogate Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, I have no wish to say anything about the reform of the House of Lords, but I think it is worth reflecting that when considering the future of institutions one should first engage in a process which carries out a review of the efficacy of the institution. We have already had many reviews, including, in particular, the review of the noble Lord, Lord Burns. Following a review there must normally be a full consultation process to see how acceptable any proposals might be and then if a legislative change is needed there is often a wider review, with Green and White Papers. Only then would legislation be pursued and preferably with full consensus. That is not currently quite the case.

In considering changes to our structures and processes we need to fully appreciate why we are doing this, and our major concern must be to maintain and enhance our reputation to the wider world while not negatively affecting our important role as a scrutinising second Chamber, which I believe is in general being well performed. Those who call for wide reform or an elected Chamber—as my noble friend Lord Moylan has referred to—should always remember that our constitution is headed by a monarch without executive powers, unlike most other bicameral parliaments, where the Head of State usually does have an executive role, however limited.

Nevertheless, I want to briefly make a few suggestions. First, any policy to reduce numbers must apply equally to removals and appointments. I believe that only by dealing with both together can we be seen as producing something credible and fair. On appointments, restraint by Prime Ministers is absolutely necessary. History has shown that that has been a problem. Secondly, HOLAC must be reformed to have a stronger say in appointments. I do not favour a statutory basis as this has knock-on effects but at least there should be a convention—whether it is written or not is another matter—and its advice should be followed and all names put forward must be accompanied by a full set of reasoning as to why a person should be appointed to this House.

The writ under which new Members would serve could include clear obligations to attend the House and carry out legislative duties. Consideration might well be given, relating to new Members, of a time limit on their appointment or even a minimum, as well as a maximum, age for service. The United States Senate, for instance, has a minimum age of 30. But if so, it must be clear in the new terms of service when they are offered an appointment, so that their contract can be legitimately enforced. I offer my support to the noble Earl, Lord Kinnoull: a requirement that Peers attend, say, 10% or 15% of sittings in any Session to maintain their positions should also be considered.

As for the numbers, from my point of view it seems clear that, beginning with the Tony Blair changes, it is sadly inevitable that hereditaries will lose their rights. However, we know there are a notable number of Peers in this category whose service to the House has been, and still is, enormously important and whose contributions should not be lost. I hope that a compromise can be reached to allow life peerages to be created to cover that issue.

Looking at the Life Peerages Act 1958, I consider my appointment to the House to be for life and, like others, I committed myself to serve for as long as I have the mental and physical capacity to do so. A change to those obligations for current Peers would be difficult to accept, both legally and morally. I hope that those who are already in place might be allowed to choose to retire gracefully at their own chosen time, but obviously in appropriate cases with gentle advice.

We should look at the attendance of current Members and require proof of attendance for them, perhaps in the same percentage as we might require of new Members. The leave of absence provisions are being abused. I hope that we make a change. In future, leave of absence should be restricted to specific reasons and not be constantly repeatable or extendable. The time approved should be capped. Clearly, Peers who have illnesses or who wish to complete studies or professional development should be allowed to do so.

Each year, a number of Peers choose to retire for a number of reasons, not just age, and those who do are thanked. Perhaps we should look at a package enhancing our gratitude. I realise that we have no spare cash to offer an honorarium, but we might look at other benefits or an ongoing relationship—I think the Leader of the House referred to this earlier—to make departure more congenial. This House is a hard-working and effective institution, so whatever is proposed must not be permitted to harm that.