House of Lords Reform

Lord Moylan Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Moylan (Con)]

My Lords, I surprise myself by taking as my starting point agreement with the noble Lords, Lord Newby and Lord Foulkes, that in a democratic society there is always a case for a democratically elected legislature—and that is to understate the matter, I would have thought. Legitimacy in a democratic society is derived primarily from election but, for a conservative, legitimacy can also be derived from history and from tradition. It might sound a little quixotic to say that, but large numbers of people in this country completely understand it; that is why they have as much respect as they do for the monarchy.

It is the presence of hereditary Peers in this House that maintains that strand of legitimacy. Being appointed gives you no legitimacy at all. For the majority of people, it just looks like cronyism and, if I may say so with respect to the noble Lord, Lord Birt, who has just spoken, and to others, that is not addressed by having a statutory HOLAC. If that is not elected—if it is not in itself a form of electoral college—where does the electoral legitimacy reside that justifies its appointment of the people whom it would appoint to the legislature? One ends up in an infinite regress. There is no legitimacy.

Those who say you cannot have two democratic Chambers seem to have missed what has happened in at least 100 countries that I can think of. Even the United States manages to pass a huge amount of legislation, and that is a country where people deliberately designed the legislature to have a degree of conservatism, shall we say—a degree of holding back. That needs to be our starting point. Why should we not be a democratic House? Where does our legitimacy derive from?

There is a large measure of agreement among us on the need for reform. The passing of the hereditaries has always been part of that—there has been a consensus about that for the last 25 years—but that is not what this argument is about. This argument is not about the passage of the hereditaries as such; it is about the context in which that happens. That context is meant to be, and has been pledged to be, a reform of this House. I am not going back to what Tony Blair may have said to somebody in a corridor or behind the Woolsack or whatever in the past. I am going to this Labour Party’s manifesto.

The noble Earl, Lord Kinnoull, said there were six proposals in it; I have identified seven. They come under the heading: “Immediate reform of the House of Lords”. Those are the words in the manifesto, a copy of which I have been careful to bring with me in case there is any dispute about it. They are removing the hereditaries. There is mandatory retirement at 80. There is a revision of the code of standards. There is the removal of disgraced Members. There is a requirement for participation. There is a reform of the appointments process and a commitment to addressing national and regional balance. All of those come under the heading of “These things will be done immediately”. They are not being done immediately. That is the problem. The democratisation of the House, which is also mentioned in the manifesto, is something that they say will be consulted on. It is not to be done immediately but the seven things I have read out are—and they are not.

This Government, in my view, have no mandate to introduce one of them outside that context—to revert to the argument that getting rid of the hereditaries is what it is all about when in fact it is not. For the last 25 years, it has always been about the reform of the House of Lords and removing the hereditaries only in a context that provides a new form of legitimacy. We all know in practice that nothing is going to be done about those things. We know that they are being kicked into the long grass and we are very unlikely to see them again, except possibly for a few administrative matters which can be dealt with fairly easily.

We have had arguments over the last century about reform of the House of Lords and I join others in saying this or something along these lines. In 1910 and 1948 constitutional conferences were held between both Houses of Parliament on precisely this type of question. We should do that again. Neither conference succeeded but they had the great merit that they informed the legislation the Government then brought forward so that it was much more acceptable and turned out to work. We need to see this in its proper context. We need to find a compromise. A conference of that character would be the best way forward while the Bill is withdrawn.