House of Lords (Hereditary Peers) Bill

Debate between Lord Newby and Lord Blencathra

Report stage
Wednesday 9th July 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, despite the late hour, I make no apologies for returning to the subject of implementing any conclusions reached by the new House of Lords Select Committee in considering possible retirement ages, attendance thresholds and participation rates. The excellent announcement of this Select Committee by the Leader last week was welcomed by all sides, and I am certain that it will provide workable solutions. My amendment would ensure that these solutions are delivered into law expeditiously and without the need for new primary legislation.

The Leader said that she hoped the committee would be up and running by October and would probably report by the end of July 2026, but let us say September 2026 to be on the safe side. We all know that our Select Committees excel in what they do, and I am absolutely certain that this committee will have firm recommendations on some sort of retirement regime, possibly around the age of 85 but with various tweaks. It will most likely recommend an attendance threshold of some sort. Attendance is about those Peers who may turn up for fewer than a set threshold of 5%, 10% or 15%, whatever it might be.

Participation rates are far more difficult. Participation will need to tackle the abuse of those who may turn up for 20%, 25% or 50% of the time and then do absolutely nothing or very little. Determining what and how many contributions will be adequate will be very difficult, and the committee may not reach any conclusions or may have various options for this House to consider as a whole.

However, I believe that, by the autumn of 2026, this House will have before it a report with recommendations, which we will debate and possibly amend, so that by the end of 2026 or early 2027, this House will have agreed by a majority a way forward on retirements and attendance, and possibly participation.

I ask my noble friends not to tell the noble Lord, Lord Forsyth of Drumlean, but I may on this occasion be in full agreement with the noble Lord, Lord Newby. If we get attendance, participation and retirements right, we may not need a fancy formula to reduce overall numbers—but that is an aside.

What will the noble Baroness the Leader do with those decisions of this House? She and her noble friend, the noble Baroness, Lady Anderson of Stoke-on-Trent, said in our debates before dinner that we will attempt to use in-house measures—that is, Standing Orders—where we possibly can, and we all agree with that. They also said that we will need to consider the best legislative route for those issues where Standing Orders were not sufficient and legislation would be required. The subtext was that that legislation would be primary.

The noble Baroness would be faced with two options for primary legislation. One is that she could say to the Select Committee, “Thank you very much—very good work. We will now consult on the second stage of Lords reform, maybe consider a partly elected Chamber, possibly with regional elements, and we will add those conclusions to a Bill in due course”. We all know that, if the noble Baroness says that, the whole thing will be kicked into the long grass. The second option is that she could say, “Thank you very much. I will now go to the Parliamentary Business and Legislation Committee and seek approval for a specific Bill to deliver these recommendations”. For noble Lords who are not familiar with the PBL, it is a committee of the most powerful Cabinet business managers who decide which bids from departments get approval for the next stage—that is, putting a Bill team together then briefing the Office of the Parliamentary Counsel, which will draft the Bill. I can tell those noble Lords who have never appeared before it that it can be quite scary at times. It is currently and usually chaired by the Leader of the Commons, with both Chief Whips, the Secretaries of State for Northern Ireland, Scotland and Wales, the Attorney-General, the Leader of the House and the Minister for the Cabinet Office.

The first question that the committee will ask the Leader will be whether the Bill is a manifesto commitment. Yes. That is a good. Is it short? Yes. That is also good. Can it be easily amended? Yes, because the Lords is much more flexible and can permit a wide range of amendments. The committee will then say, “So, Lord Privy Seal, are you telling us that all this Bill does is put a retirement age and an attendance threshold on Peers, and that they could debate a wide range of amendments in primary legislation?” The noble Baroness, being honest, will say that that could happen. The committee will ask whether there are any votes in it, and the answer will be no, not really.

We all know that the Leader is very able and persuasive, but I suggest that, with possibly just 18 months to go before a general election, she will have no hope whatever of the PBL approving a Bill to implement what our Select Committee decides, at a time when there will inevitably be the annual Home Office criminal justice Christmas tree Bill in the wings, and maybe something on health, employment, immigration and all the other big political issues that will take priority. Does anyone in this House seriously think that any Government would introduce a Bill on changes in the Lords in a King’s Speech in 2027, to be debated in 2028, maybe months or a year before a general election? I simply do not think so. That is why we need my Amendment 23A.

The amendment is self-explanatory. It would simply build in a statutory instrument power enabling the Government to implement any Lords Select Committee recommendations voted through by this House. It would provide that, if this House amends any of the Lords Select Committee recommendations, we can vote that through. It would enable the Government to amend this Bill when it is an Act, the Life Peerages Act 1958 and the House of Lords Reform Act 2014, should that be necessary. I do not know if it will be, but the Public Bill Office thought that we should have the power to do so, just in case it should prove necessary. Of course, amending those Acts is a Henry VIII power, but I do not think that any Government can complain about Henry VIII powers, since all Governments use them excessively in all Bills.

While it may be possible to deal with attendance through Standing Orders, as I think was hinted at earlier, I have not heard any suggestion from any noble Lord that we could invent a retirement or participation regime that we could implement by Standing Orders alone. If that were the case, the Government would have been shouting about it from the rooftops from Committee onwards. It is assumed that these things will require some form of legislation.

Without my simple amendment, we could find ourselves in the ridiculous position of having proposals on which the majority of this House agrees, and with which the Government also agree, but we can only deliver bits of them through standing orders, and have to wait for primary legislation to do the rest—primary legislation that might never come. It will be fascinating to see what reasons the Government use to reject this new clause. It does nothing to undermine the thrust of the Bill. The noble Baroness the Leader introduced the idea of a Lords Select Committee to come up with recommendations. How can the Government possibly reject this simple solution to deliver into law the recommendations of the committee she has proposed? I beg to move.

[Lord Newby (LD)]

My Lords, the noble Lord will not be surprised to know I do not agree with him. We discussed this before and my view, oft repeated, is that we should, wherever we can, proceed without legislation. We can do that with a number of the issues we are debating. As the noble Earl, Lord Kinnoull, pointed out, the minimum age at which a person can be a Peer was never legislated on—admittedly, it was a bit ago that that was introduced. We need to look at whether it might be possible to introduce a retirement age without fresh legislation. Either way, I do not want to commit to giving the House of Commons the whip hand over what we do about our own rules when we can change those rules ourselves.

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, in view of the hour and the mood of the House, I intend to be brief. I merely say to the noble Lord, Lord Newby, who said we should pass our own rules where we could, that I agree entirely. My amendment deals with those areas where we cannot pass our own rules.

[Lord Newby (LD)]

Surely the noble Lord’s amendment requires a statutory instrument to cover every single recommendation of the Select Committee.

[Lord Blencathra (Con)]

Yes, it is one way to guarantee that it happens, but if this House can bring about some of the rules we want through our own Standing Orders, so be it. The legislative power is there; it does not have to be implemented if the House has done it its own way.

It simply comes down to this: are we going to implement the recommendations of the Lords Select Committee that the noble Baroness herself has created, as we may amend them, or are going to hang around hoping we will get a government Bill in due course to do it sometime? I have said before, and I need not repeat it: I simply do not see that happening.

It was rather disingenuous of the noble Baroness to say the amendment is not technically perfect. I am talking about the general concept here of implementing what this House decides through a statutory instrument, and if the amendment is not technically correct, it is a simple—

House of Lords (Hereditary Peers) Bill

Debate between Lord Newby and Lord Blencathra

Committee stage
Monday 3rd March 2025 Lords Chamber

[Lord Newby (LD)]

My Lords, I think this amendment shows the problem that we were discussing earlier with the groupings, because we have actually been discussing, along with this amendment, Amendment 9 in the name of the noble Lord, Lord True, and they both deal with the question of the future of those hereditaries who play a major part in your Lordships’ House.

The noble Lord, Lord Hamilton, told us what he finds extraordinary. I think the vast majority of the country would find it extraordinary, if they realised it, that 10% of the legislature derives from fewer than 800 families in the country. Most people do not really realise that; if they did, they would be very surprised and most of them, frankly, would be appalled.

I looked at the hereditaries as a group one wet, sad afternoon. I divided them not into sheep and goats but into three: those who were active, those who were partially active, and those who were inactive. In response to the list of the noble Lord, Lord Blencathra, of those who are very active, I could, but will not, read out to the Committee a list of equal length, if not longer, of hereditaries who are virtually inactive. This is not a criticism of them more than it is of any other group. However, it is the case that some Members in the hereditary group are very active and well respected, but, like in all other groups, there are others who, frankly, are not.

Therefore, if we are looking to what should happen next and whether we should seek to retain some of the expertise that the hereditaries have, surely the way to do it is not as proposed by the noble Lord, Lord Soames, nor by the noble Lord, Lord True, but to encourage the parties to appoint those hereditaries who are very active and eminent in their groups to life peerages as those numbers come up. I hope very much that we will do so in respect of the Liberal Democrats—we have fewer hereditaries than some of the other groups—but that seems to me to be the logical way of doing it. It is what we did, to a certain extent, in our party after the vast bulk of hereditaries left in 1999. That is the precedent that we should seek to follow now, rather than having a broader category of exemptions, as the noble Lord suggests, or a complete continuation along the lines previously proposed by the noble Lord, Lord Grocott, which the noble Lord, Lord True, is about to suggest.

[Lord Blencathra (Con)]

Can I correct the noble Lord on one factual error that he has made—quite inadvertently, I am sure. According to the Library list, leaving aside the one mistake in the case of my noble friend Lord Astor, there are fewer than 20 hereditaries who do not participate in the work of the House or who are, as he said, doing nothing. The vast majority have served the House, are working in the House on committees or have been Ministers.

[Lord Newby (LD)]

If the noble Lord looks down the list, he will see that there may be some people who come twice a year and vote three times a year, but I did not include those in the list of people whom I consider to be active. I am happy to go down the list with him; I did not do it with the intention of proving anything but wanted to satisfy myself as to the true position.