House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Debate between Lord Rennard and Baroness Taylor of Bolton

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[Lord Rennard (LD)]

My Lords, “It feels like ‘Groundhog Day’,” is an expression that is bound to be used as we debate this issue again. I certainly feel like Bill Murray, who played the weatherman in that film who finds himself inexplicably living the same day over and over again. As the US Congressman Mo Udall once famously commented, “Everything has been said, but not everyone has said it”. I expect to hear the same arguments over and over again, as little has changed since last December, when the House clearly expressed the view of its Members that a Bill such as this should be allowed to make progress and be considered by the House of Commons.

On 9 December last year, the amendment aimed at blocking the progress of the Bill of the noble Lord, Lord Grocott, was defeated in this House, as he said, by 95 votes to 26, with 78% of us voting to make progress on the Bill. My first point is simply that every speech made on this subject, on every side of the debate, references respect for this House. Therefore, the will of the House should now be respected and we must put an end to the practice of holding by-elections to maintain a substantial hereditary presence in the House indefinitely, long after those hereditary Peers chosen to remain in 1999 have passed away.

My second point is that almost every Peer who speaks in this Chamber says that we must also respect the primacy of the House of Commons, yet a small number of Peers seek to block the House of Commons from being allowed even to debate the Bill. The principle of it has already been voted on by the elected House: the principle of ending the by-elections to top up the number of hereditary Peers was voted on by MPs in January 2010, when they supported the measure as it was proposed in the then Constitutional Reform and Governance Bill. They did so overwhelmingly, by 318 votes to 142. The House of Commons has already voted in support of exactly what is in this Bill, by a majority of 176, or by 66% to 34%—again, an overwhelming majority.

Those who are defending the rights of hereditary Peers to vote to elect more hereditary Peers to be a part of this legislature, should perhaps take note of the previous votes of this place and the other place on this very issue. They should allow this Bill to go forward to the Commons, without further filibuster bringing about further damage to the reputation of this House.

Thirdly and finally, I want to challenge those suggesting that a deal seen as a temporary measure, and secured by the votes of both Houses in 1999, must be binding for all time. Some noble Lords regard those votes as being irrevocable, but I believe that those same noble Lords also subscribe to the principle that one Parliament cannot bind any successor Parliament; for if it could, what would be the point of our meeting to consider much of the legislation that we do consider, if an issue has been decided in the previous Parliament, let alone one five Parliaments ago?

[Baroness Taylor of Bolton (Lab)]

I am grateful to the noble Lord for giving way. Does he think it significant, as the previous speaker said, that Lord Weatherill himself tried to change this situation later?

[Lord Rennard]

I am grateful for that intervention; that is a highly significant point. It is very clear that some of those most involved in the negotiations of 1999 would not favour our being where we are today, and would favour this Bill making progress. The argument that we cannot discuss this issue or make progress, because of an agreement in 1999, is absurd in terms of parliamentary democracy.

What, for example, would be the point of our debating the EU withdrawal Bill, if the European Communities Act 1972 had been binding on successor Parliaments? Would the noble Lords fighting to preserve hereditary by-elections also be arguing that we cannot consider leaving the EU, because of votes by both Houses ratifying a treaty 45 years ago and subsequently confirmed by the 1975 referendum? I suspect they will not make that argument.