House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
Viscount Hailsham Portrait Viscount Hailsham (Con)
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My Lords, I wish to make two brief points. First, with regard to what has just been said by the noble Baroness, I strongly support the idea of time-limited persons in this House, whether they are Ministers, appointed for a particular short term or—my own favoured proposal—for fixed terms of, say, 10 years, which addresses some of my noble friend’s point.

Amendment 90C, which my noble friend Lord Brady does not intend to move, would be seriously bad news. If this House is to perform its function as a revising Chamber by scrutinising legislation, it is essential that the Government of the day are represented by competent Ministers who can answer questions from the Opposition or their own Benches. If my noble friend’s amendment, which he does not intend to move, was ever to find favour, the role of this House would be hugely diminished.

Lord Rennard Portrait Lord Rennard (LD)
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My Lords, I, too, support Amendment 67 in the name of the noble Baroness, Lady Laing of Elderslie, which I have signed.

As a stalwart participant in debates about the future of your Lordships’ House, in particular on the principle of its hereditary membership, it has been a source of constant frustration to me that the House has been unable since 2015 to make even minor and sensible reforms to our composition, until now. There are several sensible amendments to this Bill that go beyond removing the hereditary basis for membership, and I support the principle of this one.

I have looked at ministerial appointments made by way of creating a new peerage since 2015. There have been 29 in this period, of which nine—or approximately one-third—have lasted as Ministers for less than a year. Only seven of the 29 new Peers created in this way have lasted as Ministers for more than two years. Therefore, 76% of them have not lasted as Ministers for two years, but all of them have been granted lifetime membership of the House. I then looked at the record of those appointed Ministers in this way after they ceased to be Ministers. Of the 29, 11 have gone on to make fewer than 10 spoken contributions and only 12 have made more than 50. Fifteen did not serve on a committee, 17 took part in fewer than 50 Divisions and only eight took part in more than 100 Divisions. It is a great source of frustration to many in the House that we have seen so many ministerial appointments which involved the granting of a life peerage, with the newly appointed Ministers lasting only a very short period of time in office and then mostly disappearing without trace from our Chamber but without choosing to resign from it.

If ministerial appointments created in that way continue at the same rate over the next decade, we will add another 30 Members to the House. That would make the cull of the hereditary Members less justified, if it were simply about numbers. One ministerial Peer would be created for every three hereditary Peers removed, and the ministerial Peers are likely to be of less value to the House in the long run.

All the evidence suggests that peerages created to enable ministerial appointments inflate our size while not invariably providing Members who are very active beyond the term of their ministerial office. We need to end the practice of a peerage for life being granted simply to enable ministerial appointments to be made from outside the membership of the House of Commons. Almost everyone agrees that the House of Lords is too large and that it is not well served by having Members who inflate our numbers without properly participating in our work.

Therefore, I hope that the Government will look favourably at ending the link between a life peerage and ministerial office. They could, at the very least, expect any new Ministers appointed in this way, at the end of their term of ministerial office, either to remain as active in the House as expected by the standards of the House of Lords Appointments Commission or to resign immediately from membership of the House. A public statement from the Prime Minister that this will be the case would be a welcome step, pending more wide-ranging reforms of the House. It would make an amendment such as this less necessary and avoid further debate.

Earl Attlee Portrait Earl Attlee (Con)
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My Lords, I hold my noble friends proposing these amendments in high regard, but I am sorry to say that they display a misunderstanding of the relationship between a Lords Minister and other Members of your Lordships’ House. I do not understand how the House would work if my noble friend Lord Brady’s amendment were to be accepted. What would be the point of being in the House of Lords if we were unable to influence a Minister on a Peer-to-Peer basis?

--- Later in debate ---
Lord Collins of Highbury Portrait Lord in Waiting/Government Whip (Lord Collins of Highbury) (Lab)
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This has been a really interesting debate. I will not address the amendment in the name of the noble Lord, Lord Brady, because he has not moved it, which makes life a bit easier. However, he supported Amendment 67, tabled by the noble Baroness, Lady Laing, which seeks to allow individuals to be appointed as temporary Peers so that they can serve as Ministers, after which they would depart this House.

Although the Government see the reasoning behind this amendment, we do not think it is the best way of achieving our objective of a smaller, more active Chamber. Ministers are appointed to the Government because of the experience and expertise they bring to this House, and the House benefits hugely from that. Some Ministers appointed to this House who were Members of Parliament bring both an intrinsic understanding of the other place and valuable experience of particular government departments. I have said before that in my view, both Houses work most effectively when we understand each other’s day-to-day workings. That is a really important point.

Others have been appointed as Ministers in recognition of the value of their experience outside of government, in the private sector and in other areas of public service. As noble Lords have said, we are lucky enough to have a number of such experts on the Benches with us. My noble and learned friend Lord Hermer and my noble friend Lord Timpson were recently appointed to this House to serve as Ministers, as was the noble Lord, Lord Wolfson, in the last Parliament.

Whatever the precise reasons for their appointment, I think noble Lords would agree that these individuals proved valuable to the House long after they ceased to be Ministers. This amendment risks depriving the House of often considerable experience.

I understand the sentiment of this amendment. New Peers, whether appointed as Ministers or not, increase the size of this House, because appointments are for life, and the House has become too big. What the House has found frustrating is that, often, when Ministers are appointed and come into this House, they leave their ministerial posts quite quickly and make no further contribution. That is not the case for the noble Lord, Lord Wolfson, and certainly not for the noble and learned Lord, Lord Keen, and the noble Lord, Lord Agnew. All three of them resigned from government on a matter of principle, but they have continued to participate.

We would not have had the benefit of the noble Lord in the debate today if he had been subject to the noble Baroness’s amendment. This is an important point to make. The noble Lord, Lord Agnew, has continued to contribute. The noble and learned Lord, Lord Keen, has been contributing to today’s debate. I hear what the noble Lord, Lord Vaizey, says, but I suspect that they do not have his unique skills in persuading the Prime Minister to keep them in.

The noble Baroness’s amendment is not the way to address the problem of the size of our House. Our objective is to create a smaller, more active Chamber that represents the country it serves. As we have said throughout Committee, the Government believe that a mandatory retirement age is the most effective way to do this. It is right that we take time, as a House, to continue the dialogue on how best we can implement these manifesto commitments, and this amendment would pre-empt that dialogue.

I have heard what the noble Baroness has to say, but the evidence is here before us. It is not for the first time that I have congratulated the noble Lord, Lord Wolfson, on his participation, and it would be terrible if we did not have him here in today’s debate. I ask the noble Baroness to withdraw her amendment.

Lord Rennard Portrait Lord Rennard (LD)
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My Lords, would the Minister consider raising with the Prime Minister the suggestion that I made of a statement along the lines I indicated in my speech, which would enable a Prime Minister to make Ministers by way of creating a peerage, but for such Peers to continue in the role only if they undertook regular participation in the House in future, and, if they did not, that they should therefore resign their membership of the House?

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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As the noble Lord knows, we are going to look at participation generally. That means that we have to engage in proper dialogue and consultation, so I do not accept the noble Lord’s point. I ask the noble Baroness to withdraw her amendment.