House of Lords Act 1999 (Amendment) Bill [HL]

Lord Rennard Excerpts

Friday 9th September 2016 Lords Chamber

[Lord Rennard (LD)]

My Lords, last week, the Lord Speaker, the noble Lord, Lord Fowler, said in an interview with The House Magazine:

“I don’t think we can justify a situation where you have over 800 peers at the same time as you’re bringing down the Commons to 600 MPs”.

In my view, this Bill is the logical next step towards reducing the size of the House of Lords. It should be easier to agree than many measures that have been considered, because it involves no compulsory redundancies.

It is thanks to the endeavours of my noble friend Lord Steel of Aikwood and others, including the noble Lord, Lord Norton of Louth, that we passed a measure of reform in the last Parliament, enabling, as he said, 50 Members of the House to retire since then. But it is a great shame that the other measures proposed in what became known as the Steel Bill were blocked. This was particularly so after the failure to agree properly a programme of reform under the last Government’s measures, despite the House of Lords Reform Bill being passed at Second Reading in the House of Commons by 462 votes to 124. The problem with securing further progress on that Bill was that Labour Party Members believed, possibly correctly, that blocking it was their only hope of blocking the Boundary Commission proposals in the last Parliament, while, on the other hand, David Cameron and the Conservatives appeared to realise only too late that failure to secure progress on Lords reform would indeed be used to justify the Liberal Democrats blocking the Boundary Commission proposals at that point.

[Lord Robathan (Con)]

My Lords, the noble Lord will know very well that the coalition agreement did not tie Lords reform to the Boundary Commission. Boundaries were tied specifically to the vote on AV. Is that not correct?

[Lord Rennard]

My Lords, the noble Lord is correct in terms of the technicalities of what was in the coalition agreement of 2010. However, it was argued and voted on overwhelmingly by this House and the other place in 2013 that there were many reasons why the Boundary Commission proposals should not go ahead at that point, one of which was the failure to make progress on Lords reform. Reducing the size of the House of Commons from 650 MPs to 600 MPs was not appropriate when we did not reform the House of Lords and make government more accountable in that way.

So now we have to look again at the other measures that were proposed in the Steel Bill, including the ending of by-elections to replace hereditary Peers. Parliamentary by-elections to elect MPs have been a major feature of my political life. However, I cringe with embarrassment at the holding of by-elections in this place in which as few as three Members of your Lordships’ House, who initially inherited their positions here based perhaps upon what their ancestors did centuries ago, choose to elect someone to help formulate the laws of the land from a shortlist of as few as three other people who can be considered by virtue also of what their ancestors may have done.

All of us enjoy showing family, friends and guests around the House, particularly, I would suggest, those from overseas. Some of them come from established democracies and some of them come from places struggling to establish democratic principles. But none of them can understand the archaic way in which we are still choosing some of the people to sit in the second Chamber of our Parliament—supposedly the mother of parliaments. Of course, as the noble Lord, Lord Grocott, said, not a single woman has ever been elected in this way, as most hereditary peerages descend down the male line.

A year ago, the Guardian published a letter from me saying:

“The election by hereditary peers of the ninth Duke of Wellington (Report, 16 September) to the House of Lords by 21 votes over the Marquess of Abergavenny and the Earl of Harrowby (six votes each) is incomprehensible by any democratic standard”.

On 3 December 2010, in an earlier debate on this subject, I said that,

“the farcical process we have in this House of holding by-elections to elect hereditary Peers brings the House into disrepute. These by-elections have little more resemblance to democracy than the campaign run by Lord Blackadder when he ran the by-election campaign to elect Baldrick in the rotten borough of Dunny-on-the-Wold, where Blackadder was the only elector”.—[Official Report, 3/12/10; col. 1696.]

I was wrong, of course, to describe Edmund Blackadder at that point as a Lord; he was merely a voter in that incarnation—albeit the only voter. In that series, Baldrick was later appointed to the House of Lords by Prince George. But if they had both been appointed in real life, their descendants might now be standing as rival candidates, hatching cunning plans to win by-elections in order to get back into this place.

[Lord Mancroft (Con)]

My Lords, the noble Lord is amusing the House tremendously but he is talking about a work of fiction. I know that the Liberal Democrats have difficulty distinguishing the difference between fact and fiction, but if the noble Lord could stick to fact, I think that the House would find it very helpful.

[Lord Rennard]

My Lords, having tried to describe to visitors the current system of electing hereditary Members to this place, I know that they think that is a work of fiction.

More seriously, it is now 106 years since the Liberal Prime Minister Herbert Henry Asquith promised that the hereditary principle would be replaced by the popular principle in determining the composition of this House. That was agreed then by both Houses. However, having listened a few moments ago to the noble Lord, Lord Elton, I was reminded of the view that perhaps only in this House could over 100 years be considered too short a time in which to consider such a principle. But not for me and my party. And we certainly consider that the 17 years since the Weatherill amendment introduced as a temporary measure the concept of by-elections to top up the number of hereditary Peers has been too long. We on these Benches did not agree with that amendment in the first place and would have preferred to see the Parliament Act used, if necessary, and so we are not bound by any such agreement.

We recognise that some of those who are here by virtue of the hereditary principle continue to make a significant contribution to the work of this House and to government. This Bill does not threaten their position in any way. We also believe that passing the Bill will do little good in terms of limiting the size of the House if the system of prime ministerial and party leader appointments continues in the way that it has done in recent years.

We were promised a further phase of reform following that of 1999—the year I joined this House. As the noble Lord, Lord Grocott, said, the Labour Government’s Constitutional Reform and Governance Bill 2010 promised to end the practice of holding by-elections to keep up the numbers of hereditary Peers. But that provision was, sadly, removed during the so-called wash-up period immediately prior to the 2010 general election. The ending of such wash-up periods when elections are called outside a fixed-term cycle was, in my view, a good reason for passing the Fixed-term Parliaments Act.

The history of debates in this House about the future of by-elections for hereditary Peers has not been a happy one. Let us put an end to them now by passing this Bill and bringing an end to a process which does no credit to this House, to Parliament generally or to British democracy.