House of Lords Reform Bill [HL]

Debate between Lord Phillips of Sudbury and Viscount Astor

Friday 10th February 2012 Lords Chamber

[Viscount Astor]

My Lords, if it is for the convenience of your Lordships, perhaps I may also say a brief word about Amendment 288. When we discussed Clauses 15 and 16 in Committee, I made the point that I thought that the party of the noble Lord, Lord Steel, was the forgiving party: that once anybody had served their time and paid their price to society, they should be encouraged to come back into wherever they left and play their part. I realise that they have different rules in another place, but it seemed to me that in your Lordships' House we have already had two Members who have enjoyed themselves as guests of Her Majesty, and we are likely to have two more at one point.

On that basis, as the noble Lord, Lord Steel, raised the topic of the knighthood in Scotland, it seemed to me that we should have an amendment that peerages should be removed. Of course, when one looked at it one discovered that only life peerages could be removed, not hereditary peerages. That seemed somewhat unfair, because if you removed a hereditary peerage you would have the bizarre thing that a son could benefit from the misbehaviour of the father, which seemed even worse.

My reason for moving this is to ask the noble Lord, Lord Steel, a question about Clause 16 because should this Bill become an Act, as far as I can read it, a Member of your Lordships’ House who committed an offence and spent time as a guest of Her Majesty for more than one year would cease to be a Member of your Lordships’ House. However, if we then look at Clause 16 we see that there is nothing stopping them from standing for election to the House of Commons. It seemed bizarre that someone should keep their title and stand for election to the House of Commons. If someone should be forced to renounce their peerage and did so, as indeed hereditary Peers used to do when they inherited so that they could stand for the House of Commons, it would be slightly bizarre—

[Lord Phillips of Sudbury]

Is the noble Viscount certain that the phrase in Clause 16,

“unless otherwise disqualified by another enactment”,

does not catch the case he refers to?

[Viscount Astor]

My Lords, I do not have a clue because luckily I am not a lawyer. As it seems that we have rather a long time available to us, and as I suspect that we will be very short on the remaining amendments, I am briefly moving my amendment to get some elucidation from the noble Lord, Lord Steel, and indeed anybody who is more qualified than I in the legal world. I have no qualifications at all to explain whether I am right in this concern. I beg to move.