House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

Moved by

[Lord Strathclyde]

90A: After Clause 1, insert the following new Clause—
“Election of temporal members of the House of Lords(1) In section 1(2)(b) of the Life Peerages Act 1958 (power to confer life peerages), after first “and” insert “, if elected in accordance with section (Election of temporal members of the House of Lords) of the House of Lords (Hereditary Peers) Act 2025 for a particular Parliament, to”.(2) In section 1 of the House of Lords Act 1999 (exclusion of hereditary peers), at end insert “unless they were in receipt of a writ of summons to attend the House of Lords in the Parliament in which the House of Lords (Hereditary Peers) Act 2025 came into force”. (3) Within three months of the day on which this Act comes into force, 600 peers who were in receipt of a writ of summons to attend the House of Lords in the Parliament in which this Act was passed must be elected to sit and vote in the House of Lords for the rest of that Parliament by elections conducted in accordance with standing orders of the House of Lords and the rest of this section.(4) Elections to choose 600 members of the House of Lords must be held on the first meeting of each new Parliament and those eligible to vote and stand in any such election shall be—(a) any peer who was eligible for election in the election conducted under subsection (3), and(b) any peer who has received a writ of summons under section 1(2)(b) of the Life Peerages Act 1958 since the day on which this Act comes into effect.(5) Any peer who was eligible to stand in, but was not elected in, the elections specified in subsections (3) and (4) shall be excluded from membership of the House of Lords for the rest of that Parliament, although they may be included in accordance with subsection (7) and are eligible to vote in elections and stand for election to sit in subsequent Parliaments.(6) Nothing in this section shall enable any person to attend the House of Lords, or to sit and vote in that House, at any time when disqualified under any other enactment.(7) In the event of the death, exclusion or retirement of any peer elected to sit in the elections specified in subsections (3) and (4), their place will be filled for the rest of that Parliament by the peer in their party group or, in the case of crossbench and non-affiliated peers, their group as defined under subsection (10) of this Act, who was not elected who received the highest number of votes in any list or lists of candidates for election produced by the Clerk of the Parliaments for the purpose of these elections.(8) The standing orders referred to in subsection (3) shall make provision for 480 members who are members of political parties to be elected by members of their party group in the elections mandated by this section.(9) The number of members under subsection (8) allocated for each party group must be determined by the mean share of total votes cast for each party in the previous three general elections.(10) The standing orders referred to in subsection (3) shall make provision for 120 members who are not a member of any political party (“crossbench and non-affiliated members”) to be elected by all peers described in subsection (4) of this section.(11) Should the leader of any party indicate that their party does not wish to have members in the House of Lords then the vote share of that party shall not count in the allocation provided for under subsection (9).(12) If under subsection (9) any party is entitled to a number of seats in the House of Lords which is greater than the current number of peers eligible to stand for election who are affiliated to that party, then new peerages may be created under the Life Peerages Act 1958 to provide for those places to be filled.(13) Nothing in this section shall affect the right of Lords Spiritual to attend the House of Lords, and they are not eligible to participate in the elections under this section.”

[Lord Strathclyde (Con)]

My Lords, the night is young and there is still plenty of time, so it is a real delight to move Amendment 90A in front of an audience of the Labour Party on its Benches. I have to tell noble Lords opposite that their own Front Bench has been working valiantly during the days we have spent on this Bill with near-deserted Back Benches. It has been rather depressing, in just the last few minutes, to see the Government Chief Whip going around tapping the odd folk on the shoulder and sending them home just as I was about to get to my feet and get into my stride. But that will not put me off.

This amendment is not a probing amendment; it is a helpful amendment, designed at a problem that has been haunting the House of Lords for many years. My noble friend Lord Fowler, and the noble Lords, Lord Burns and Lord Butler, have referred to it this evening in looking for imaginative ways of dealing with the issue of the numbers in the House.

At a stroke, this amendment finds the solution to that, and it does so in several ways. This is an amendment that is already in statute law in the House of Lords Act 1999. It is therefore extremely well precedented; we have demonstrated that it can work. Perhaps noble Lords who were around 25 years ago will remember that the then Convenor of the Cross Benches, Lord Weatherill, moved an amendment—which became known as the Weatherill amendment—to reduce the number of hereditary Peers to the 92 that exist at the moment. This amendment seeks to reduce the size of the whole House to some 600-odd people—the Bishops, incidentally, are supernumerary to that. It would do so by election—a well-tested method of reducing the size of the House that worked extremely well in 1999.

Tonight, I offer it up to the Committee, not just as one amendment but as three in one. It is a solution to a problem, it is already in law, and it is already well precedented. I know that the noble Baroness the Leader of the House will find the amendment very difficult to accept, but perhaps she will indicate that she finds real attraction in finding an electoral way of reducing the size of the House without relying on the kinds of formula that so many noble Lords tried to introduce in the past. I offer it to the Committee, and I very much hope that it might be brought forward in a future Bill in due course. I beg to move.

[Viscount Trenchard (Con)]

My Lords, I congratulate my noble friend Lord Strathclyde on tabling his very sensible Amendment 90A. It should find favour on all Benches because, as my noble friend said, it ticks so many boxes. It would ensure that the hereditary Peers who have sat in your Lordships’ House these 25 years have not sat in vain. We were allowed to continue to sit on the basis that stage 2 would provide some substantive reform and move the House’s composition in the direction of a popular basis, as stated in the Parliament Act 1911.

The amendment would introduce some democratic legitimacy by allocating seats according to party blocs based on the average of the number of votes cast in the last three general elections. That provision would ensure that the composition of the House provides a balance to major shifts in public opinion that result in wide disparity of seats in the House of Commons, which is elected on a first past the post basis. It would give a nod to PR, since the voting strengths are determined on the basis of the number of votes cast, ensure that your Lordships’ House provides stability, and help to avoid dramatic shifts in policy supported by the public only ephemerally.

The amendment should be supported by those of your Lordships who agree with the view of the noble Lord, Lord Burns, that the House should be reduced to 600 people. It should also be supported by those noble Lords who believe that the Bill as drafted is discriminatory, in that it treats some members of the body of Lords temporal differently from others although, for all practical purposes, there is no difference between life and hereditary Peers in terms of rights and privileges in this House. We are appointed to serve on committees or on the Front Bench without any consideration of the route by which we entered your Lordships’ House.

The amendment treats all holders of a Writ of Summons to this Parliament equally. It would result in the House enjoying greater democratic legitimacy but retain the service of those noble Lords who are more independent, and election by party groups would give preference to those who work harder and make a greater contribution. It is an excellent amendment, and I ask the noble Baroness the Leader of the House to consider it seriously.

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[Baroness Smith of Basildon (Lab)]

My Lords, again, this is an ingenious amendment, and I congratulate the noble Lord. I am not sure whether he or the noble Lord, Lord Blencathra, wins the prize tonight, but both amendments are longer than the Bill, which is something of an achievement when drafting amendments to legislation.

On the point that the noble Lord opposite has just made, I will say something I have reiterated several times: there is a three-stage process from the manifesto. The first stage is this, which is the completion of the reform started in 1999 around hereditary Peers. The second is the issues we have debated tonight and voted on many times—they are not for this Bill but for moving forward—on issues like participation and retirement. There is not an exact timetable, but we will get clearer to that in the process as we get to Report. Then there is a longer-term objective for consultation with the wider public on an alternative second Chamber. It is not rocket science; I have been quite clear around that.

This amendment would create a House of 600 Members—and I am not sure that that figure has been raised before by the noble Lord, but I am happy to be corrected on that—we would have self-perpetuating elections by Members of this House at the beginning of each Parliament, and the only people who could vote would be Members of this House. It would also completely undermine the purpose of this Bill, because hereditary Peers would be able to take part in those elections, stand for them and vote.

The noble Lord’s proposals for future composition are interesting, but I take into account the points made by the noble Earl the Convenor. It does not address the wider issues of the House, but I know the issues that he is trying to get to. We will continue that dialogue and formalise that in due course around other issues that have been raised, and I gave a commitment to that earlier on tonight. But this amendment would undermine that dialogue and engagement, and I ask the noble Lord to withdraw it.

[Lord Strathclyde (Con)]

My Lords, I thank all noble Lords who have spoken. I can tell the noble Lord, Lord Newby, that I have not given up on the idea of an elected House, but I am a realist, and I do not think that there is much thirst for it in this House—and I am not entirely convinced that there is very much thirst for it in another place either. The fact that it did not appear in the manifesto of the Labour Party rather indicates that view. We are still relying on the preamble to the 1911 Act. I join the noble Lord, Lord Newby, in trying to encourage a long-term solution around that.

The noble Lord, Lord True, is right. At some stage we need to find a real solution. Of course, there are age limits and all sorts of other things that you can bring in, but none of those is popular either. The idea of an election works; it has been tried and tested, and I hope that, on reflection, the Leader of the House will feel that there is some purpose in this kind of amendment, which would change the whole debate about the size and numbers in the House, and keep people in who have the support of other Peers to remain in the House for the rest of their lives.

Having heard what everybody has said, I beg leave to withdraw the amendment.

Amendment 90A withdrawn.

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

That was the answer: that it would be HOLAC that would address it.

[Lord Strathclyde (Con)]

My Lords, I am following my noble friend’s argument and I very much support him, but does he believe, as I do, that, after 2005, there was an understanding between the Labour Government and the Justices of the Supreme Court that they would all be made Members of the House of Lords—Peers in their own right—but would not sit in the House of Lords until after they had retired. If such an understanding had taken place, it would have solved a great number of problems. I hope the noble and learned Lord the Attorney-General might give us an answer, if he knows, on whether there was such an understanding after the 2005 Act.

[Lord Murray of Blidworth (Con)]

I am very grateful to my noble friend for his intervention, and I very much hope there was such an understanding—but I am afraid I cannot find a trace of that agreement.

Turning to the answer given to a question put to Jack Straw on this question in January 2009, the noble and learned Lord, Lord Woolf, asked him about the future of the justices of the Supreme Court. The noble and learned Lord, Lord Woolf, noted that the Law Lords performed an important function in the legislative process and asked the then Lord Chancellor what the position would be once they had retired, along the lines outlined by my noble friend—thus suggesting that there was an informal agreement that this would be what would occur. The then Lord Chancellor’s answer was:

“Of course, that was one of the arguments against change and … I can see the case”.


He then said that

“it crucially depends on whether we continue with an all appointed House of Lords”.

So the answer was that they just parked the issue, saying that it was all dependent on what was going to happen in future to the House of Lords. The Lord Chancellor goes on to say that

“if we go to a 20% appointed chamber”,

which was one of the things then being considered, the number of noble Lords would be “fewer”. That was why he refused to commit at that point in answer to that question.

The issue was raised again in July 2009 in a question from the noble Lord, Lord Pannick, and it was answered by the noble Lord, Lord Bach, the then Parliamentary Under-Secretary of State for Justice. He said:

“My Lords, justices of the Supreme Court who are appointed after October 2009 will not automatically become Members of the second Chamber on retirement, but could be considered for appointment by the Appointments Commission. It is right to say that former Law Lords will be able to take up their places again … on retirement from the Supreme Court, and it is right that this House needs a lot of expertise, particularly in that field”.—[Official Report, 20/7/09; col. 1375.]


Of course, he was right in that respect. But the reality is that that has not happened. If one looks at the appointments that have been made by HOLAC, one sees that former justices of the Supreme Court have not numbered highly among the appointments. This has been a very significant omission and now is the moment, I suggest to your Lordships, to rectify that error.

At the very least, the Wolfson-Elie compromise of giving peerages to the President and Deputy President of the Supreme Court should be strongly considered by the Government, but I would suggest it should go more widely than that: every member of the 12-member court should receive life peerages on appointment. That should be the convention. There would then be no need for these courtesy titles. When they retire, they would then hopefully become engaged and active Members of your Lordships’ House.

--- Later in debate ---

I thank the Committee for such support for the next stage of reform. I do not think we need these issues in the Bill, but we will return to them.

[Lord Strathclyde (Con)]

Ain’t going to happen.

[Baroness Smith of Basildon (Lab)]

The noble Lord, Lord Strathclyde, has not spoken during this debate, apart from in a sedentary position. He sits and mutters, “Ain’t going to happen”. My, such cynicism in one so young.

[Lord Strathclyde (Con)]

My Lords, I feel deeply flattered by the noble Baroness. I always thought she was younger than me, but there we are.

In her introductory remarks, she accused the Conservative Government of the last 14 years of not having done any reform. She has forgotten the 2012 Bill that was introduced in the House of Commons and passed its Second Reading with flying colours but then, because of the lack of support from the Labour Party on a timetable Motion, did not go any further at all. Surely the noble Baroness should show some humility. The Labour Party, which promised further reform in 1997 and again on the passage of the 1999 Act, has done no thinking whatever since then.

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Wednesday 12th March 2025 Lords Chamber

We need to give further thought to this issue—I am not being flippant about it—but I do not think that a legislative vehicle is the way to do it. The amendments in the name of the noble Lord, Lord Cromwell, which we are debating in the next group, should be expanded in scope so that we set in train a formal process under which we come back with a raft of measures that encourage people to play a bigger part in the work of your Lordships’ House. A narrow amendment, such as most of the amendments that we have before us today, is not the way to do it.

[Lord Strathclyde (Con)]

We should thank my noble friend Lord Blencathra for introducing this amendment. It is a subject worth discussing. Since this Bill is designed to fling out a cohort of your Lordships’ House who on the whole do turn up and play a part and some of whom hold very senior and important roles in the House, it is worth discussing for a few minutes those who hardly come at all and finding out whether there should be some kind of attendance threshold.

The amendment that we are discussing deals with attendance. My noble friend Lord Hailsham mentioned participation—but I think that participation, which is very important, is a very different issue from attendance, and we will come to it in the course of today’s deliberations. What the noble Earls, Lord Kinnoull and Lord Devon, said about the Cross Benches is very important. We do not want to discourage or reduce the ability of those Peers who have something to say but for a whole variety of reasons come less often than most of us; that is why the threshold should be realistic but relatively low.

I think that what my noble friend Lord Blencathra was saying was that, if it had been set at 10%, we would lose about 100 Peers, from past records. I entirely agree with my noble friend Lord Hailsham that we should not do anything that is retrospective. I do not think there is a problem and that suddenly a whole bunch of Peers would turn up because they wanted to be above the threshold—because the Peers who come hardly at all have already decided that they do not want to play a part in your Lordships’ House, but do not want to retire or take leave of absence. So this is a useful amendment and a useful debate and discussion—and setting the threshold at 10% I do not think will put anybody off.

[Viscount Trenchard (Con)]

My Lords, I, too, support my noble friend Lord Blencathra in bringing forward this topic, and I very much agree with what my noble friend Lord Strathclyde has just said.

When I looked at my noble friend’s three amendments, I was inclined to think that Amendment 20 struck the right balance. It is important to retain the concept of the House of Lords as a part-time House, but I also believe that, to remain sufficiently involved in what is going on so as to be able to make a contribution to debates on matters in which noble Lords possess expertise and knowledge, a participation level of 10% may be on the low side. But, as long as your Lordships’ House retains its present sitting hours, 15% is a reasonable minimum participation level—although it would be difficult to maintain a full-time job outside the House and a 15% participation level if the House were to adopt similar sitting hours to the House of Commons.

However, my noble friend Lord Hailsham is right to provide in his Amendment 25 for the possibility that the House may resolve to exempt a noble Lord from compulsory retirement if it concludes that there was a good cause for that noble Lord’s non-attendance. I entirely agree with the point raised by the noble Earl, Lord Kinnoull, about low-attendance, high-impact Members.

I also support Amendment 37, in the name of my noble friend Lord Lucas. This amendment would allow the House to provide exceptions to compulsory retirement, but, interestingly, allows the possibility of first fixing and later changing the minimum participation rate through Standing Orders, which would provide for more flexibility. My noble friend Lord Blencathra is absolutely right to ask your Lordships to consider this matter, because the Labour Party manifesto also committed to introduce a new participation requirement, at the same time as excluding the excepted hereditary Peers. Those who believe that the House is too large may also support the introduction of a minimum participation level. I would expect that the retirement of a number of inactive Peers would make it easier for the Government to find a better way forward that would cause less disruption to the ability of the House to discharge its functions in a way that serves the country well.

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[Lord Grocott (Lab)]

My Lords, like a number of noble Lords, I have sat here with Trappist vows avoiding contributions that might prolong the debate further. However, having listened to the whole of our debate on the first group, which took one hour and 10 minutes—and to the noble Lord, Lord Newby, saying in our debate on that first group that we should be careful to ensure that we try to see ourselves in the way we are viewed from outside—I think that we need to reflect on a couple of simple facts.

One is that this is a five-clause Bill. Everyone knows that no organisation is happier than when it is talking about itself. We have been demonstrating this—testing it to destruction, in fact—during our debate on this Bill so far. A simple five-clause Bill would not normally have an attendance such as this on the second day in Committee. So far, up to today, we have discussed 10 groups of amendments. There are 32 groups left to discuss, assuming that there is no further degrouping. We are averaging five groups a day per session. Members can do the maths better than I can but, at this rate of progress, we shall be debating this Bill for Committee day after Committee day.

Some of us will no doubt enjoy ourselves, as we all like talking about our own organisation and how we work, but, in relation to other matters that the Lords should be considering on the Floor of the House, to spend another six, seven, eight or more days on this Bill, as these stats suggest we will do, repeating arguments that have been heard on numerous occasions—as the right reverend Prelate pointed out, 90% of them are, we know, not directly related to the Bill, and some of them will, in any event, come forward at a later time—we really need, if we want to be seen as relevant and persuasive in the eyes of the public, to do better today than debating just five groups of amendments. Bearing in mind that I have spent precisely two minutes and 42 seconds speaking and do not intend to speak again, I hope that we will have the good sense to get through this Committee stage at a dramatically speedier rate than we have managed so far.

[Lord Strathclyde (Con)]

My Lords, can I just reply to the noble Lord, Lord Grocott, on what I thought was a disobliging and wholly unnecessary speech? He said that this is a five-clause Bill and does not therefore need much discussion. Well, I can remember—I expect that the noble Lord can as well—the Maastricht Bill of some years ago, which was four clauses long. The House was full every day and night, and this went on for a great deal of time. It was an important constitutional issue. This, too, is an important constitutional issue. The difference between me and the noble Lord is that he thinks this Bill is about getting rid of the hereditary Peers, while I think it is about creating a wholly appointed House, which we have never had before, with the appointments in the hands of the Prime Minister. That is why many of the amendments taken today and on previous days are so important.

There is no attempt to try to filibuster this debate. The noble Lord, Lord Grocott, cannot point to any individual who has spoken for very long. It is hardly surprising that so many of us want to get involved in this debate. I am sorry that we are not going to hear again from the noble Lord or the rest of the Labour Party, but that is their decision; perhaps they are so horrified by what the noble Lord’s Government are putting forward that they do not want to listen to it anymore. I, for one, am very happy to sit here.

[Lord Swire (Con)]

My Lords, I am now genuinely confused by this Bill. It seems to me that the purpose of this place, if it has any purpose, is to look at bad legislation—bad proposals—and seek to improve it. Every time we try to do that for this Bill, we are accused of filibustering. If the Government are simply not prepared to listen to anything we are saying, or to take into account any of our amendments, we are all wasting our time. I am equally confused as to what is really—

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

Really? That is the greatest lie from those who want to foist their unworkable ideas on us. The total cost for Peers in the House of Lords last year was a mere £22.1 million, so we are cheap at the price. Our current system is five times cheaper than any proposed new elected Lords Chamber. When the public are told that, as well as the consequences of what an elected Chamber would be—another bunch of party politicians, no different from the Commons—they would overwhelmingly vote down an elected Lords, as we should Amendment 11. I beg to move Amendment 11A.

[Lord Strathclyde (Con)]

My Lords, I have signed the amendment in the name of the noble Lord, Lord Newby, but I really enjoyed listening to my noble friend Lord Blencathra, who raised many sensible points. The noble Lord, Lord Newby, did not quite give the case for a democratic House as much justice as it deserved. I am sorry to see that most of his Benches seem to be relatively deserted. On the whole, his party has not turned out to support him as ably as I will now try to do.

It is interesting that today we very much turn to a new phase of discussion of the Bill. Last week, we discussed the issue of heredity and whether to fling out certain Peers. I think the Committee broadly agreed, overwhelmingly, that heredity was no longer an acceptable way of choosing a House of Parliament, but there was substantial disagreement about transitionary arrangements, grandfather rights and creating life Peers. No doubt we will return to those at length when we meet again and discuss those amendments on Report.

When discussing a democratic mandate for this House, it is always worth having a look at history—what my noble friend called the institutional memory. I do not think that any of us can go back to 1911, which may not have been the first time that democracy was discussed for this House, but it is a key point because it led to a statute of Parliament which fundamentally reassessed the relationship between the two Houses.

What is important about the 1911 Act is its preamble. I will not quote it exactly, but it said that we should substitute the House of Lords for a Chamber constituted on a popular, instead of a hereditary, basis. That was in 1911 and here we are in 2025, and we are no further to getting that. In the 1920s, after the First World War and the devastation it produced, several commissions looked at the case for an elected House, which came to nothing. In the 1930s, there were other matters. In the 1940s, there was of course the Second World War.

The extraordinary Parliament in 1945, with all those radical Labour policies under Attlee, did so much. Of course, with only a few handfuls of Labour Peers, that Labour Government managed to pass everything they wanted to through this House, which goes to the nub of my noble friend Lord Blencathra’s argument that convention plays an important part in the relationship between these two Houses of Parliament. However, I am not entirely sure that my noble friend was quite so keen on those kinds of conventions existing. They were very powerful in the 1940s, and they are still powerful now.

In the 1950s, there was the introduction of the Life Peerages Act which, at a stroke, fundamentally changed how this House was viewed and injected a good deal of new blood into it. That is what has kept us going ever since. But the dream of democracy did not quite die. Lord Longford introduced a Bill in 1968. That Bill was talked out in the House of Commons by two MPs: Enoch Powell and Michael Foot. They decided that the reason there could not be a democratic mandate for the House of Lords is that it would compete with the House of Lords, and that level of competition was completely unacceptable. The noble Baroness is trying to intervene.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

I only wanted to correct the noble Lord. He said that they could not have an elected second Chamber as it would compete with the House of Lords; I think he meant the House of Commons. He just misspoke—that was all.

[Lord Strathclyde (Con)]

I thank the noble Baroness for putting me right.

[Baroness Smith of Basildon (Lab)]

I just proved I was listening.

[Lord Strathclyde (Con)]

Anyway, that took us to 1998-99 and the promise in the 1997 Blairite manifesto that there would be a democratic reform. Here we are, 28 years after that, and there is no further movement at all. At the beginning of the century, there were various royal commissions and White Papers, which came up in favour of a more democratic House, but none was pushed forward. I think Prime Minister Gordon Brown had an attempt in 2009-10 at a democratic House. But it was not until the Government of my noble friend Lord Cameron that we saw the introduction into Parliament of a Bill for real democratic mandate—an 80:20 elected House—and the noble Lord, Lord Newby, explained very well what happened to that.

It is worth pointing out in this debate about the democratic mandate that the amendment I have signed is not for an 80:20 elected House; it is for a 100% elected House. That would mean that the House would lose the benefit of the Cross Benches. I think having 20% unelected is extremely important. The Cross-Benchers bring something to this House which no democratic mandate would be able to do. You just have to look at the Cross Benches for an example: former judges, trade unionists, businesspeople, churchmen, archbishops, and so on. They would never dream of standing for an election, but they bring their knowledge and experience to bear to the workings of this House and legislation, which is extremely effective. I am in favour of an 80% elected House, not a 100% elected House.

Secondly, the noble Lord, Lord Newby, made the case for a directly elected House. I wonder whether it is worth considering, and whether the noble Lord has considered, that, given the enormous changes in devolution over the last 25 years in our major cities and, of course, in Scotland, Wales and Northern Ireland, there may be a case for looking at the capacity of this House to accept some form of indirectly elected Members, which would perhaps go to stopping what my noble friend Lord Blencathra regarded as too strong a democratic mandate that would challenge the House of Commons.

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That comes back to my wider comments: as I said, his party’s support for this has been well known, as has that of the party of the noble Baroness, Lady Smith of Llanfaes, Plaid Cymru. I am interested to see that the noble Lord, Lord Strathclyde, and other noble Lords are enthusiastic supporters and transferred their allegiance to an elected second Chamber. It may put them at odds with their party, but I am sure the noble Lord, Lord Newby, welcomes their support.

[Lord Strathclyde (Con)]

My Lords—

[Baroness Smith of Basildon (Lab)]

No, I will not take an intervention. I have listened to everybody with great courtesy throughout the whole debate. Would the noble Lord mind letting me answer the questions?

[Lord Strathclyde (Con)]

My Lords—

[Baroness Smith of Basildon (Lab)]

I shall take one short intervention. I am sure the noble Lord would not want to detain the Committee any longer than necessary.

--- Later in debate ---

[Lord Strathclyde (Con)]

My Lords, I intervene simply to say that I have long been a supporter of an elected House, as many noble Lords are aware—certainly since 1997. I am on the public record. I supported the Bill in 2012.

[Baroness Smith of Basildon (Lab)]

I am happy to be corrected on that, and I am sure noble Lords will welcome his support.

I found Amendments 11A and 11B from the noble Lord, Lord Blencathra, really interesting. Amendment 11A seeks to impose a requirement on the Government to include in its consultation

“the implications of securing a democratic mandate for the House of Lords for its powers and conventions”.

The interesting thing about his amendments is that he was the first in the debate to talk about the functions of a second Chamber rather than the form. Other noble Lords then commented on that, but he was the first and he did so in some detail. My starting point on a second Chamber has always been: what does it do, how does it do it, why does it do it, and how do we best fulfil the role? I was pleased that some noble Lords mentioned the role of the Cross-Benchers, because we all welcome that role, and I think the public would too if they were asked. However, the noble Lord would also require a referendum on the principle of an elected second Chamber. If I understood him correctly, if that principle was endorsed it would have to be followed by a further referendum on the methods of election.

The noble Baroness, Lady Smith, spoke significantly more widely than her amendment, which seeks to place a duty on the Government to lay before Parliament a review of the implications of Act for the appropriateness of an unelected Chamber. She complained that she could not get the functions into her amendment, but the noble Lord, Lord Grocott, expressed surprise at how wide amendments could go on membership when the terms of the Bill are so narrow. But that is the ruling we have: anything to do with membership of the House is seen to be in order, which leads to quite a broad approach.

Underlying all those amendments is the argument that further reform of this House is required. I welcome that, because although this Bill is narrow and noble Lords have commented on the next steps, the Labour Party’s manifesto was clear. I am surprised that noble Lords seem so surprised. The manifesto talks about the steps. It says—I think the noble Lord, Lord True, read this out—that we are committed to replacing the Chamber we have now with

“an alternative second Chamber that is more representative of the nations and regions”,

and that we

“will consult on proposals seeking the input of the … public”.

The noble Lord, Lord True, seems to expect me to have a ready-made proposal to bring forward. I do not; this is a longer-term proposal, and I would have thought noble Lords would welcome the opportunity to have an input into it, which, obviously, they will have. There is a range of proposals. We have already heard today that even those who support an elected second Chamber have a range of ways they would do it, so there is no ready-made blueprint: there are lots of thoughts and suggestions, and we have put forward suggestions in the past, but we want to consult more widely. That is a manifesto commitment.

However, as I think the noble Lord, Lord Newby, said himself, this Bill is not the right vehicle for delivering that proposal and we would not accept those amendments. This is a focused Bill that seeks to deliver the manifesto commitment by removing the right of the remaining hereditary Peers to sit and vote in the House of Lords. I remind noble Lords that that principle was established 25 years ago. This is the final part of that principle. My noble friend Lord Grocott seemed surprised this has taken so long and asked why people had made interventions on a range of other issues. This is a focused Bill on immediate reform, following the principle established 25 years ago.

We heard quite a lot about the history of different parts of legislation. The proposals that matter at the moment are those in our manifesto that we are delivering with this Bill, but the Government are committed to more fundamental reform, as I have said. More geographical representation is clearly part of that.

I come back to the amendments from the noble Lord, Lord Blencathra. I also thought that the noble Lord, Lord Brady, made a thoughtful speech. I know the noble Lord, Lord Blencathra, was not proposing an elected second Chamber, but the primacy of the first Chamber is about its elected status. It is accountable to the electorate. If I understood the noble Lord, Lord True, correctly, he thought this Chamber should have a more enhanced role because we have been here longer and have more expertise. You could also argue that an elected Chamber is more in touch with the electorate who have more recently elected them. That is a very important principle.

The noble Lord, Lord Blencathra, raised a number of points to be considered during a consultation on the form an alternative second Chamber should take. One point, of course, is primacy. I am intrigued by the idea that we could have a Prime Minister in a second Chamber; I will not apply for any such role. The noble Lord made an important point about the conventions that apply to an unelected second Chamber. Those conventions have stood the test of time through many changes, and they remain. They serve this House, the primary Chamber and democracy well. I anticipate no change to those conventions; it would be a different kind of Chamber if we did not abide by them. The hereditary Peers leaving in 1999 did not alter the conventions, and it will not alter the conventions now either. It is those conventions that protect the primacy of the Commons, which is extremely important.

These issues are not for your Lordships’ House today in this Bill. The Government are making an immediate start to reform this House with this Bill. Part of the reason why there has been no progress over the past 25 years is this argument that nothing can be done until everything is done. But nobody can agree, even in the debate we have had today, on what “everything” is and the result is that we do nothing. Completing this part of the reform shows good faith and good intentions.

The noble Lord, Lord True, tempted me on a number of points, and I want to challenge him on one. He referred to the exit of some Peers—that is, losing our hereditary colleagues—as being some kind of political attack because it affects the numbers. I ask him: did he feel the same when his party racked up appointment after appointment, creating a much larger disparity between the two main parties than we have ever seen before or than would happen under this Bill? What he suggested is not our intention. I have been very clear in Committee, as well as in Select Committee and in the other place, that this House works well with roughly equal numbers between government and opposition parties—and that is not a party-political point at all. Because of the work we do, we should be a more deliberative and engaged Chamber. The noble Lord is laughing at me, and I am not quite sure why; I am making a serious point about how this House works best. It is important that we do our best work and that we figure out how we can do that.

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, it is a pleasure to follow the noble Lord. As ever, he spoke with a lot of logic, and I agree with so much of what he said—not quite everything—as I have with so many other people.

I want to comment on only one or two issues that arose from the speech of the noble Lord, Lord True. Clearly, the genesis of this Bill goes to the very heart of the noble Lord’s amendment, but I would not want the amendment itself, which is quite narrowly drafted, to prevent the House from discussing the Bill in the round. I said at Second Reading that I thought it was important for the House to have this opportunity; House of Lords reform Bills come so rarely—as I pointed out, it is 10 years since the last one—and we need to discuss all the issues in the round. I am aware of the external pressures on the use of our time, and I would certainly like us to handle this expeditiously as we go through Committee. I will not detain noble Lords now or elsewhere in Committee.

I think the other discussions referred to by the noble Lord, Lord True, are incredibly important. It is important for the House to be able to settle its own reform package, with due regard to the Executive and to the most important document: the Government’s manifesto. I would very much like these discussions to come forward rapidly. I have been describing this as the thorn in the paw, because it is causing difficulties in all our work at the moment, and in the spirit in which we go about that work. I think everyone here would like that thorn to be drawn rapidly from the paw.

Before I move on from that topic to two final ones, I want to go on the record as citing just how open the Leader’s door has been. I have been watching it and I know how many people—over 40 at the last count—the Leader has engaged with, and the courtesy that there has been during this process. I value that a lot; it has been very helpful. Drawing the thorn from the paw is important.

The first of my two final topics relates to the propensity for Cross-Bench colleagues to retire. I thought that I should think about that, and I have had many conversations over the last two years with many Cross-Benchers. I feel it would be possible for a package of reform to set up an environment where quite a number of Cross-Benchers might want to retire. I say that knowing that our average age is 73, which is rather older than that of the House, and therefore we have quite a lot of people who are over 80 and who would, I believe, consider retiring.

The second relates to the Cross-Bench view—remember that we are sole traders—on reinforcing the conventions and dealing with the trend in ping-pong where more balls and longer rallies are being played. I have not yet met a Cross-Bencher who does not believe that reaffirming these conventions is in the interest of the Cross Bench and of the House. I think it goes to dealing with the ping-pong issue as well.

[Lord Strathclyde (Con)]

My Lords, I much enjoyed the speech of my noble friend Lord Forsyth, particularly when my name was mentioned and the noble Lord, Lord Foulkes, started murmuring on his Back Benches. What is less well known is that the noble Lord, Lord Foulkes, used to represent an important part of Strathclyde. Indeed, for many years he was my MP—some people thought it too long, but I thought it was just about right. It was a pleasure when he joined this House of Lords and long may he continue.

Less pleasurable was the speech of the noble Lord, Lord Newby, where he said there could be no consensus and no cross-party agreement. Yet I look back to 1958, when there was a consensus, and even in 1998 there was cross-party agreement to a Bill to remove nearly 90% of hereditary Peers. In 2012, in the Conservative and Liberal Democrat coalition, there was agreement on a Bill that was brought before the House of Commons. Unfortunately, that was kiboshed by the Labour Party, but there was otherwise broad cross-party agreement, as there was again in 2014 on retirement from the House of Lords—and there could be again in 2025. I say to the noble Lord, Lord Newby, that there is plenty of room for consensus and cross-party agreement on this Bill, as there has been on so many others. Nobody is trying to change everything in your Lordships’ House; we want incremental change.

I have said before that I do not much like this Bill, and I do not, but I understand the political dynamics and the motivation that brings it before us. For that reason, I repeat what my noble friends Lord Forsyth and Lord True have said, in that I accept the end of heredity as being a means of entering the House of Lords. After 800 years of hereditary Peers in this House, that era is now over and it will not return. This Bill is therefore the creation of a wholly appointed House, with those appointments in the hands of the Prime Minister, which is in itself an odd concept for a Government seeking to look modern and dispassionate. As we wave goodbye to those who were not brought here by patronage, we should spare a thought for this small part of the British constitution—around 10% of the House today—which existed through a combination of heredity and election.

The Government have a choice in bringing this Bill forward: to engage constructively with the House to find an equitable and unifying way forward or to put their heads down, listen to no one and carry on. The noble Earl, Lord Kinnoull, explained how gracious and generous the noble Baroness the Leader of the House has been in taking advice and trying to reach a consensus. We will now see what happens over the next few weeks; how the noble Baroness the Leader of the House responds will tell us how she means this debate to continue.

There is a difficult route to get the Bill onto the statute book—but there is also an easy one, with full co-operation from all parts of the House. I urge the noble Baroness to choose the latter. It will pay dividends for the reputation of this House and for all of us in the future.

My noble friend Lord True has put forward an extremely thoughtful range of suggestions on the way forward. It accepts the end of heredity. What it does not accept is the removal of some 45 Conservatives and 33 Cross-Benchers, many of whom have had years of service in this House and to numerous Governments. I suspect I am not alone when I say I find it extraordinary that the Convenor of the Cross Benches himself, chosen by the Cross-Benchers for his intelligence and calmness to represent them in the House and beyond, has not even been told or signalled, formally or informally, officially or unofficially, that he might be able to stay on. Should he lay down his burden as Convenor now or simply wait for the executioner’s blow? It seems a cruel way for the Government to carry on their business and it leaves everyone affected with a deep sense of unease and uncertainty.

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[Lord Moynihan (Con)]

I am doing precisely that by talking about the hereditary principle and the removal of the hereditaries. Both are central to what I am speaking about. I gave my experience from the point of view of a hereditary, and I am now addressing the key point about the Bill being very narrow with regard to the future of the hereditaries. My argument is simple and clear: it should be wider. My view is that by narrowing it as much as we have, it becomes a political numbers game Bill. I am much more in favour of looking at how best this House can fully scrutinise, shape and improve legislation for the Government of the day, and challenge them to think again when necessary.

The point has been made already that this House operates best through consensus, yet the much-heralded usual channels have regrettably become frayed and fractious of late. There must be a way for the leaders of the four main groupings in your Lordships’ House—the Government, the Opposition, the Liberal Democrats and, critically, the Cross-Benchers—to consider how the Government’s objective of numerical majority, for example, over His Majesty’s Opposition, with which I largely agree, can be achieved. For there is a better way to achieve the outcome that is sought in this Bill. There are many Peers, as has been mentioned, who have announced either their intention or willingness to retire, or who would do so if approached on the basis that if they remained, they would henceforth be required to participate actively in this House. The latter could be judged by criteria in a Bill which addressed minimum levels of attendance and contribution. This would also remove the sitting rights of those many life Peers who, at the time of their elevation, promised their respective leaders that they would be active in this Chamber and these Committee Rooms, but who all too soon became notable only by their absence.

So, it is possible to achieve the outcome by combining the end of the sitting rights of the hereditary peerage with the implementation of a decision to reduce the size of this House and still leave the Government with a majority over the Opposition. This solution, based on the principle of self-determination, is surely better than one which vests in the Prime Minister of the day the authority to approve each and every Member of this House, creating the worst of all worlds: a second Chamber without democratic legitimacy, built on short-term, present-day political patronage but shorn of the independence, the reputation and the authority that it currently enjoys. That is why I support this amendment.

[Lord Strathclyde (Con)]

My Lords, I think it is a little bit much for the noble Baroness to give my noble friend Lord Moynihan a hard time for making what she said was a Second Reading speech. The fact is that we had Second Reading nearly three months ago—there is no reason for the delay. Why were we not dealing with this Bill in January and February? Why has it taken so much time? I began to think that the Government had forgotten about this Bill or had changed their minds and were not taking it forward.

The noble Baroness in her reply—also a reply to a Second Reading speech—did not really look at the merits of the amendment itself, which concerns the

“connection between the possession of a hereditary peerage and obtaining membership of the House of Lords”.

When the noble Baroness said that she is happy for discussions to take place, she said discussions with conditions, and that this Bill has to be passed and agreed to in all aspects before there can be a discussion. That is not a sensible or equitable way to have a discussion—

[Baroness Smith of Basildon (Lab)]

I hate to intervene on noble Lords, but I do so because I do not like to be misrepresented by the noble Lord, or any other noble Lord in this House. I did not say that noble Lords have to pass the Bill before any discussions take place. I said that I was happy to have ongoing discussions, but that I did not want to see any procedural shenanigans. I need to see some good faith on the part of the Opposition, as well. I say to the noble Lords, Lord Strathclyde and Lord True, that I did answer the amendment. I said that it was unnecessary—it is actually pretty much contained in the Long Title anyway—but if he is going to describe what I have said, he should at least get it right.

[Lord Strathclyde (Con)]

I am more than happy to agree with the noble Baroness on procedural shenanigans, which I must say I do not recognise at all over the course of the last few months. I am not doing any procedural shenanigans; I am actually replying to the noble Baroness, but I have made the point I wish to make. Are there no procedural shenanigans from anybody in the Labour Party actually engaging in the debate just started by my noble friend Lord True? I certainly give way to the noble Lord, Lord Grocott.

[Lord Grocott (Lab)]

Has the noble Lord finished his remarks, because I do not want to encourage him to go on at length? I wish to respond to the point about why Labour Members have not spoken, but is he wishing to get up again? I do not want to intervene on him, I just want to—

[Lord Strathclyde (Con)]

Feel free.

[Lord Grocott (Lab)]

Well, I have been waiting to say this for a long time, but I have managed to keep quiet. It was nine years ago that I first brought in a Bill to end the system of by-elections, which, had it been enacted, would have substantially solved the problem—and I think it is a problem—of people coming to this House by means of heredity.

I find it deeply ironic that the now apparently passionate advocates of my Bill include the noble Lords, Lord True and Lord Strathclyde, both of whom were among those who did all within their power to block it; that is not to mention the noble Lord, Lord Mancroft, of course. When I brought the Bill in, the majority of hereditary Peers, as far as I could judge, were in favour of it. However, time and again a small group of people, four of five of whom—probably more— are here today, managed to filibuster in ways incredibly similar to those going on today: degrouping amendments, and putting down amendments at the last minute when there is barely time to respond to them. I would just like to know at what point in their political development this Damascene conversion occurred: from doing all within their power to block my Bill—satisfactorily, of course—to now thinking that it is the golden solution to finding consensus between the two sides of the House.

Perhaps, at some stage, the noble Lords could take this opportunity not only to explain why they have completely changed their mind but to apologise to the hereditary Peers who will be removed as a result of this—in the full knowledge that, if they had listened to my earlier Bill and not filibustered it, this debate would not be happening on anything like the scale that we have at the moment.

As we are taking a slight trip down memory lane, I could go even further if I wanted to, but I will stick to just nine years—mind you, I am tempted to go back 31 years, when I first introduced to the House of Commons a Bill to end the right of hereditary Peers to sit and vote in the House of Lords. One of its sponsors was my good and noble friend Lord Foulkes, alongside my noble friend Lord Rooker—we have stayed together over many years—but of course that was not successful either, so there is a certain satisfaction with where we are now.

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[Lord Wallace of Saltaire (LD)]

My Lords, the noble Earl, Lord Dundee, has just indicated the difficulty of discussing some of the broader issues that this Bill raises when we have so many different groupings. I suggest, in the very constructive spirit of the noble Lord, Lord True, when he opened the debate on the first amendment, that it would be wiser, if we are going to discuss as we go through this Committee stage some of the longer-term issues that it raises, that we should group the large number of amendments we have together, rather than have a constant repetition of broader points from one amendment to another. This certainly this cannot be done today, but I suggest that, before the second day of Committee, the usual channels have a constructive conversation about the number of groupings that we need. I say to the noble Lord, Lord True, that I think that it is the consensus of the House that we would have a more constructive Committee stage if there was a much smaller number of groupings into which the major themes are contained.

[Lord Strathclyde (Con)]

On the question of groupings, I understand that the Opposition put forward some suggestions for groupings to the Government Whips’ Office at the end of last week, and they were rejected without even being looked at until the Government had put forward their own proposals. That is my understanding.

I think that the whole question of groupings is important and useful, but we are only on the second amendment of the day and I do not know what the noble Lord, Lord Wallace of Saltaire, was suggesting that this amendment should be grouped with. I am happy to listen to him.

[Lord Wallace of Saltaire (LD)]

The first four separate amendments seem to me to have a very natural linkage, and it would have been much more sensible to debate them in a group, for example.

[Lord Strathclyde (Con)]

My Lords, let me carry on on the groupings that we have and on the speech in introducing his amendment of my noble friend—

[Lord Foulkes of Cumnock (Lab Co-op)]

We are on the second amendment of the day and this is the sixth speech from the noble Lord, Lord Strathclyde. I think we can all draw our own conclusions.

[Lord Strathclyde (Con)]

My Lords, I fancy that, if this Bill dealt with the expulsion of all Peers over 80, the noble Lord, Lord Foulkes, would be a leading light in opposition to that legislation. I am simply carrying out my duty as a Member of this House to hold the Government to account and ask the questions that need to be asked. If the Labour Party choose not to turn up to this debate, that is entirely up to them.

I also point out that this Bill excludes by law 45 members of the Conservative Party. It excludes four members of the Labour Party, who almost certainly will be given life peerages, as precedent has demonstrated in the past. So it is hardly surprising that, as a group and a party in the House of Lords, we take a great deal of interest in what this Bill says and what it is attempting to achieve.

My noble friend Lord Caithness made a good point about what this Bill does. It does not just remove the hereditary Peers but creates a wholly appointed House. Some noble Lords will take exception to that fact. I know that the noble Lords on my left, the Liberal Democrats, would rather see a democratic House, and I have a great deal of sympathy with that, and there are other noble Lords who are very happy to see a wholly appointed House—but that appointment is almost entirely in the hands of the Prime Minister.

It is worth mentioning HOLAC. I know there will be amendments on HOLAC later on, but they are not directly relevant to the amendment before us. HOLAC is itself a creature of the Executive. There is no statute that has created HOLAC. It is there because the Prime Minister has decreed that it should be so. It could be snuffed out immediately. Therefore, it is right when we say that the appointment system is entirely in the hands of the Prime Minister. HOLAC reserves for itself a small number of independent Cross-Benchers. They are a delightful addition to this House. I very much agree with what the noble and learned Baroness, Lady Butler-Sloss, said, particularly in respect of the hereditary Peers.

I therefore support my noble friend’s amendment. I have no idea why the noble Lord, Lord Grocott, accepted this amendment some years ago during a debate on his Bill. It may well have been that he got so bored of the debate that he thought he should just accept an amendment to make a difference. I think the noble Lord is trying to get in. I have come to the end of my remarks, so I am happy for him to speak if he wishes to do so.

--- Later in debate ---

Moved by

[Lord Strathclyde]

4: Clause 1, page 1, line 1, at end insert—
“(A1) In section 1 of the House of Lords Act 1999 (exclusion of hereditary peers), at end insert “, except for the Earl Marshal and the Lord Great Chamberlain”.”Member’s explanatory statement
This amendment would retain the Earl Marshal and the Lord Great Chamberlain as members of the House of Lords with the right to sit and vote.

[Lord Strathclyde (Con)]

My Lords, Amendment 4 is a short amendment with a very small impact on two Members of this House. It is less a probing amendment and more one that I very much hope the Front Bench will be able to accept. The Leader of the House, at Second Reading and other points of the debate, has mentioned these royal officeholders and said that there would be some sort of arrangement to allow them to continue to come into Parliament. But I think they should be treated even better than that. They are obviously apolitical Members and do not play a great part in political debate, so would it not be right and proper to allow them to remain as full Members of your Lordships’ House to carry out their tasks?

The Lord Great Chamberlain carries a responsibility for the royal parts of the Palace of Westminster—which are on the other side of the Prince’s Chamber, including the Royal Gallery, the Robing Room and everything else in that direction—through Black Rod. The noble Duke, the Duke of Norfolk, as Earl Marshal, has been responsible for all the great occasions of state, some of sadness and others of great celebration, over the past few years. Most importantly, and of greatest effect in this House, the Earl Marshal is responsible for the State Opening of Parliament; the noble Duke forms part of the procession and signals to Black Rod to start the great walk between the House of Lords and the House of Commons. My amendment simply allows them to continue as Members of the House of Lords; it is very humble.

Some Peers have asked me if I know whether the Lord Great Chamberlain and the Earl Marshal actually want to stay. Whether they want to stay is not, strictly speaking, relevant. They do not have to come often, apart from the very few occasions when they are required to come. I hope that the Leader of the House will find favour in this principle and that, even if the amendment is incorrectly drafted, she might come forward with her own on Report. I beg to move.

[Lord Northbrook (Con)]

My Lords, I too have put my name to this amendment. These two Great Officers of State have been in existence since 1386, in the case of the Earl Marshal, and 1130, in the case of Lord Great Chamberlain. It was intended that they were required not only to perform their constitutional duties at the State Opening of Parliament and other events related to the sovereign but to be a vital link between the Crown and Parliament. To sever that link is a severe challenge to the monarch and deeply regrettable. Therefore, they should be allowed to remain as Members of the House.

I have it on reasonable authority that, originally, the Cabinet Office informed the officeholders that their positions were safe. Apparently, two weeks later, the change of mind was made. I highlight the contributions over the years, and since I have been in the House, of the noble Duke, the Duke of Norfolk, and the current Lord Great Chamberlain.

The Leader of the House has issued conflicting messages on how the officeholders will continue to have access to the House of Lords. She concluded at Second Reading:

“On the specific issue of access … for the Earl Marshal and the Lord Great Chamberlain, I completely recognise that they need access. I have written to the commission to ask that they keep their access passes, and the usual channels have agreed that … There is nothing that impedes the work they do or their roles in this House”.—[Official Report, 11/12/24; col. 1861.]


However, in opening that debate, she had stated:

“I have already raised this with the Lord Speaker to ensure that necessary arrangements can be made”.—[Official Report, 11/12/24; col. 1723.]


Quite apart from the lack of clarity as to whether these two officeholders have to rely on the approval of the commission or the Lord Speaker, what would happen if one refused to give them access? I therefore propose that, if the Government cannot agree to this amendment, there should be an alternative one in the Bill to guarantee that they have access to the Chamber to perform their ceremonial duties.

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[Baroness Smith of Basildon (Lab)]

If agreed by the House, it will be a right. There has been some misunderstanding that the only way they can fulfil their functions is by being a Member of this House and having the right to speak and vote in the Chamber. That is not the case. If we go back in time, there have been cases where neither officeholder was a Member of your Lordships’ House. Peter Burrell was the Lord Great Chamberlain from 1781 to 1820. He was not a Peer until 1796. More recently, William Legge was the Lord Great Chamberlain from 1928 to 1936, but only inherited his title at the end of his time as Lord Great Chamberlain in 1936. Hugh Cholmondeley performed the office of Lord Great Chamberlain from 1966 due to his father’s ill-health. He succeeded to his father’s peerage in 1968. The current Earl Marshal took leave of absence from your Lordships’ House from 18 January 2021 for the remainder of that parliamentary Session—and we know that was a very important parliamentary Session in terms of the monarchy.

So I am confident that both noble Lords will be treated with the respect they deserve—and have earned— and they and their officeholders will be granted access to your Lordships’ House. It will not, in any way, impinge on their responsibilities and duties. I respectfully ask noble Lords to withdraw their amendment.

[Lord Strathclyde (Con)]

My Lords, I thank my noble friend Lady Finn, who spoke with great authority and skill. The more she spoke, the more convinced I was that I was right to move the amendment in the first place. Her knowledge of history and precedent in this matter is exemplary.

I am also very grateful to the noble Viscount and the noble Lord who signed the amendment—the noble Viscount, Lord Hailsham, and my noble friend Lord Northbrook—and for what they raised, and the question that my noble friend Lord Howard of Rising raised. It does seem absurd that these great officers of state, who have a role in Parliament, will be able to come into the House only when they go to the pass office and ask for their pass, which is no doubt countersigned.

[Baroness Smith of Basildon (Lab)]

They will have access to the House, however that is arranged. They are not going to have to troll up to the pass office and get a daily pass that they stick on them. They will have the access that is required for this House. All Members of the House would want to show that respect. The only loss will be that they will not be in your Lordships’ House to take part in debates and to vote. They will not be in the Chamber to participate in the proceedings of the House.

[Lord Strathclyde (Con)]

My Lords, I am reminded of the debates that took place many years ago on the future of the Lord Chancellor, when he was removed from your Lordships’ House. It was the law of unintended consequences. There was much work undertaken to try to keep all of that and I predict that the same will happen again. But I think the noble Baroness has heard what we have had to say. She will no doubt consider, with the Clerk of the Parliaments, what needs to be put in place in order for these two great officeholders to continue to do the work that they are required to do in Parliament. On that basis, I beg leave to withdraw the amendment.

Amendment 4 withdrawn.

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[Lord Collins of Highbury (Lab)]

Of course, the principle was established in 1999, and we are now dealing with that remaining temporary arrangement that has gone on for 25 years or longer. That is the reality. No one can deny that that remaining element—that temporary arrangement—is specifically addressed in the Labour manifesto for the last general election. It specifically addressed it in the way that this Bill seeks to implement it, so there can be no doubt about that.

[Lord Strathclyde (Con)]

I am sorry to intervene on the noble Lord, but he is making much store about the manifesto, which also says that Peers who are over the age of 80 by the end of this Parliament should also be slung out. Does the noble Lord think that is really going to happen?

[Lord Collins of Highbury (Lab)]

As my noble friend the Leader of the House has reminded me, she will be consulting on that and looking at ways for it to be implemented—she is already doing so, as she reminds me. The fact of the matter is that we have a clear commitment. The Government have a right to determine when and how they implement their commitments. The noble Lord knows that. I have heard speeches from him telling me that we should not push amendments because the democratic House has laid something down in the manifesto. He has made those points to me over the past 12 years, so this does not really wash with me.

The simple fact is that we established in 1999 that the hereditary principle would no longer apply. We put in temporary arrangements and we have now addressed that in our manifesto. Solutions were put forward in 1999. I say to the noble Earl, Lord Attlee, that his contribution is well known. Leaders know it. I certainly assume that the leader of his party knows the contribution that he has made, both outside and inside Parliament. Why would he not be considered worthy of a life peerage? I do not see why not. It is really important that we can establish a principle—

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, I agree with the noble Lord, Lord Wallace, that this is an ingenious, but perhaps at points impractical, solution. But it does address one of the more eccentric features of the by-election procedure, not least the use of single transferable vote. Of course, the only Members of the UK Parliament elected by single transferable vote are the hereditary Peers elected in by-elections. I am not sure whether that is the proposal for the by-elections in my noble friend Lord Lucas’s amendment, but I am speaking of the nature of the electorate—or selectorate—for the by-elections. The 92 under the present reforms are largely elected by the hereditary Peers of each party and group, save for the 15 places that were occupied by Deputy Speakers in 1999, when the vote was by all Members of the House. As I understand the proposal from my noble friend Lord Lucas, the Deputy Speaker solution is proposed for these by-elections.

I must say, as a sideline, that I particularly enjoyed voting in one of those by-elections, when the House had to choose between the noble Earl, Lord Russell, and Earl Lloyd-George. I do not think I am breaking any confidences by saying that I voted for Earl Lloyd-George because he demonstrated a particular fondness for the creation of hereditary peerages, although perhaps not always for the best reasons.

Be that as it may, this amendment highlights the core of the mischief of this Bill, in that it means that one of the few avenues of getting into this House that is not controlled by the selection of the Prime Minister—whereby everybody in this House has to be sharp-elbowed enough to catch the eye of the Prime Minister pro tem —is being closed. I commend my noble friend Lord Lucas on proposing a solution that keeps open another avenue into this House.

[Lord Strathclyde (Con)]

My Lords, I have listened to parts of this debate, and I understand what the noble Lord, Lord Wallace of Saltaire, was saying: this takes this debate down a different course. We are now discussing the “what ifs” and what could happen. It shows something quite serious about the Government’s thinking. Not in this Bill but in the manifesto, they talk about other things that are planned for the future. Yet there is no White Paper, or even any Green Paper, on the Government’s thoughts on the nature of the House of Lords that they want.

All we are being offered is what is in the Bill—that is it. There is no promise of anything in the future, no careful thought, no publication of a White Paper and not even a timetable for those things. There is no promise that anything will be published before the next general election. We could go through the whole of this Parliament—those noble Lords who will still be here—wondering when the next stage of reform is going to take place. There does not need to be anything because the Leader of the House has not yet convinced her colleagues that they should explore their thoughts and study the bookshelves of the noble Lord, Lord Wallace of Saltaire, to look at what has happened in the past and come forward with those proposals.

My noble friend Lord Lucas has tried valiantly to build on the existing by-elections, if I can continue to call them that, by having them filled by members of the public. My noble friends Lord Trenchard and Lord Lucas have thought about alternatives. I do not expect the noble Baroness to accept any of these amendments in any shape or form. When it comes to democracy, I know that we have an amendment later on in the names of the noble Lords, Lord Newby and Lord Wallace of Saltaire, which I am supporting, so I will keep back my more general comments about a more democratic mandate. This follows the preamble to the 1911 Act, which the Government, for the time being, seem to have turned their face against, which I very much regret.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to my noble friends Lord Lucas and Lord Trenchard for their amendments and for the ingenious way they have tried—as my noble friend Lord Strathclyde just said—to build on what we currently have in this House to propose some suggestions. Their amendments would continue the by-elections provided for by the 1999 Act, and thereby are a reminder that those by-elections have been discontinued by cross-party agreement. It is no longer possible to join your Lordships’ House by inheriting a peerage. The primary objective of the Government’s reform has already been achieved. As the amendments and the discussions that a lot of noble Lords have had in this Committee show, there is a great deal of interest in the stage 2 and stage 3, as the Lord Privy Seal put it earlier. There are a lot of unanswered questions about those.

My noble friend Lord Lucas’s Amendment 6, which leads the group, suggests that anybody on the register of electors anywhere in the United Kingdom may stand in the by-elections provided for through the 1999 Act. As he acknowledged, that is a very large number of people—more than 48 million at the last count. I do not think there is a ballot paper or computer screen big enough to satisfy the process that Amendment 6 envisages. As he said, it may be a bit wide. He and my noble friend Lord Trenchard acknowledged this through their further amendments in this group to try to narrow that down a little.

My noble friend Lord Lucas’s Amendment 7 suggests that it could be somebody who has been nominated by a member of the Council of the Nations and Regions. If the noble Baroness were to delight my noble friend by accepting this amendment, I think it would be the first mention on the statute book of that new body, which was created by the new Government when they came to power and which comprises the Prime Minister, the First Ministers of Scotland, Wales and Northern Ireland, and 12 English mayors. There was an attempt to mention the Council of the Nations and Regions within the passenger railway services Bill, through an amendment proposed in your Lordships’ House, but regrettably that was not accepted by the Government.

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

The noble Lord is very sensitive. It was not a rebuke; it was more of an observation that his comments went wider. I think he would agree that he wanted very much to know what comes next. I also think he accused me of being silent—I made some notes of his comments. It may not have been the term “silent”, but it was something about my having nothing to say or bringing the shutters down on what he said.

I will talk to the amendment, but I have been clear from the beginning of the many debates we already had on this issue that there is a process, with this as the first stage. It is not surprising that talks and discussions about Lords reform have so many times, as the noble Lord, Lord Wallace, said, been driven into the ground and gone nowhere. Focusing on what is in front of us and what can be achieved by a single Bill is very important, but we seem to want to talk about what comes next and after that. Amendments later on will address some of these issues, but I say to noble Lords: there is a Bill before us with specific amendments and I will mainly address my comments mainly to them.

That does not mean what comes next does not matter, but I can think of no other area of policy or manifesto commitment where the Minister proposing it is constantly demanded to say what comes next and in what order we will do things. I have been quite clear from the very beginning that this is the first stage. It was in the manifesto and there are two stages following that. The noble Lord, Lord Strathclyde, cannot help himself; I am beginning to love the sound of his voice. I look forward to hearing from him again.

[Lord Strathclyde (Con)]

My Lords, I hope the noble Baroness does not feel that I have spoken at length. I have not. I have spoken many times to make short points; perhaps I can take up another now that I have mentioned before. I do not think any of us would be putting forward amendments on “What next?” if the Government had not themselves mentioned ideas for what is next in their manifesto. If they had published a White Paper, or even a Green Paper, it would make life so much easier and would allow the noble Baroness not to answer these questions.

[Baroness Smith of Basildon (Lab)]

I think the noble Lord labours the point a bit. I will address the amendments before us today and, in due course, as we move on, there will be other issues to discuss as well. I am not shying away in any way from our manifesto commitments; they remain and stand. The noble Lord is not one of those noble Lords who have discussed details of them, but others have, and I have been grateful for their suggestions and ideas for moving forward.

Let us look at these specific amendments. I think I said that they were quite an ingenious way of looking at things. I must admit that I interpreted one of the amendments differently to the way the noble Lord, Lord Parkinson, did. That might have caused some confusion. Basically, the noble Lord’s amendment seeks to continue with by-elections but, instead of replacing hereditary Peers with others, any member of the public on the register in the United Kingdom—I assume that means overseas voters who are on the register in the UK as well—could stand to be a Member of the House and the electorate would be Members of your Lordships’ House. The by-elections would continue and anybody who won one of those elections, if I have understood him correctly, must then be recommended for a peerage by the Prime Minister. The noble Viscount, Lord Trenchard, then looked to amend the criteria for potential candidates, and to have process and procedures on that.

These are creative amendments that raise an interesting and useful point about how we can get some of the best and most able people into your Lordships’ House if they wish to contribute to its work. I sometimes think that we look too much at what people have done in the past and not to what they will do in the future, when they are here.

I took some issue with his comment that the hereditary Peers are, by virtue of being hereditary, always more independent-minded. There are other amendments on the Order Paper, some of which we have heard already, about how Members on the Front Bench or who hold official positions should be able to continue in your Lordships’ House. Being a hereditary Peer does not guarantee the independence of any Member, and Members across the House who are hereditary are affiliated to political parties, which does not render them to be called independent. It may be only the Cross-Bench hereditaries who can claim to have that independence.

The noble Lord will understand why I cannot accept his amendment. It removes Clause 1 of the Bill, which is one of the crucial parts of it, and therefore retains the right of the current excepted hereditary Peers to continue to sit in your Lordships’ House. It is a bit like the Grocott amendment: there would be a by-election, but it would be for any member of the public.

I have some sympathy on how we get the best people to represent the House. The noble Lord, Lord Murray, commented that, in not having hereditary Peer by-elections, an avenue is closed, and this would open up another avenue for bringing Members into your Lordships’ House. The noble Lord, Lord Wallace, made the point that, with such an exclusive electorate, this does not really open it up in a way that the members of the public who could put themselves forward would be happy with.

The commitments in our manifesto are quite clear. One of those was to reform the appointments process. Part of that is to look at the quality of candidates coming forward and the national and regional balance of the second Chamber. Members may have noticed in the last list of Peers that was announced by the Prime Minister—not all appointed by the Prime Minister—that all had a citation of why they had been appointed to the House. That was the first time it had happened. I remember saying to your Lordships’ House at Second Reading and even in the debate on the King’s Speech that that was something I was very keen to see. Previously, the only information given about somebody appointed to your Lordships’ House or a hereditary Peer who was elected, was just a line, which did not say anything about them at all. Now there is at least some information being made public—a small change, but an important one.

We are looking at other ways on the appointments process. We have already had discussions about moving forward on the other issues: the second part, looking at retirements and participation. Both will move ahead, but those are not the issues before us today. On this particular amendment, which I think is quite ingenious, while I understand the noble Lord’s reasons for bringing it forward, I am sure he will understand why I am not able to accept it. I urge him to withdraw.

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Strathclyde (Con)]

It is always a pleasure to follow the noble and learned Lord, Lord Falconer of Thoroton. He and I have debated this issue over many years, and I am sorry that we will not debating it for very much longer. I know he will not agree, but this is a thoroughly nasty little Bill, rushed through the House of Commons and brought to us with little thought about the future. It breaks a fundamental and solemn agreement made in 1998 by the then Labour Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, that the remaining hereditary Peers would leave only when the Labour Government had introduced their plan for a fully reformed House. It did not seem like a very big statement of intent in 1998. After all, as was said at the time, the Labour Party was about to come forward with a fully reformed plan. We have been waiting 25 years for that and the Labour Party has demonstrated no thought, no thinking and no progress whatever.

Why are the Government bringing forward this measure now? Is it because it is in the manifesto? I do not think that is really good enough. It does not stop it going through but there needs to be a more serious justification for why this Bill is being brought forward. What is worse, as the noble and learned Lord, Lord Falconer, explained a moment ago, this creates a wholly appointed House where—and this is what he did not say—the appointments are almost entirely in the hands of the Prime Minister. The noble and learned Lord suggested that the by-elections were still continuing but, of course, they were suspended in July. There is therefore no hereditary Peer in this House, because there is nobody able to pass on their place to sit and vote in the House of Lords on to their heirs.

This is not a reform. It tells us nothing about the Government’s thinking. We will wait many years before a future Bill is published. Also, the Bill offers no continuity. Rumours abound of life peerages being offered to those due to be purged—if they behave. If the Government are planning life peerages, why do they not tell us who is going to receive one or how many life Peers are going to be created, and then those affected can make plans for the future? Is it really conceivable that the noble Earl, Lord Kinnoull, who has been picked by the Cross Benches to be their convenor, is to be expelled in the purge? If he has not been offered a life peerage yet, why not? Why are these matters secret? The Government must have a view. They must have discussed these issues.

Who are the Peers to be purged? Will the Government publish a list of all those to be purged from the House and place it in the Library? They should find that very easy to do. Peers in the House sometimes who have no idea who is a life Peer or who is a hereditary Peer; it is quite an issue. I have lost count of the number of Peers who have said to me, “Ah, well, you’ll be all right, you’re a life Peer after all”. Do many Peers know if the noble Lord, Lord Moynihan, is a life Peer or a hereditary Peer, with his distinguished record as a Minister in the House of Commons, or the noble Lord, Lord St John of Bletso, who is an expert on Africa and business? Is the noble Lord, Lord Ponsonby of Shulbrede, a life Peer or a hereditary Peer? Perhaps we ought to have a list.

[Noble Lords]

He is both.

[Lord Strathclyde (Con)]

It is wonderful that some Peers know who the noble Lord, Lord Ponsonby, is but not everybody does. Would his name appear on the list or not? I can let noble Lords into a little secret —it would not.

As my noble friend the Leader of the Opposition asked: is this about numbers? I can see the attraction for the Government to get rid of several dozen supporters of opposition parties or Cross-Benchers, but why remove a cohort who are generally committed, younger and harder-working, rather than picking those who turn up very rarely? I listened carefully to the suggestions made by the noble Earl, Lord Kinnoull. Is not the reality that this is a nakedly partisan Bill, whose key aim is to reduce the number of the Government’s opponents in the Lords and throw some red meat to extreme Labour?

For those who have borne a grudge against the Lords for most of the last 100 years, the temptation to remove 45 Conservatives is just too much to resist. Is this not the real motivation behind the Bill? The Prime Minister will then be able to control who comes into the Lords, taking control of the Lords as much as he controls the House of Commons.

House of Lords Reform

Lord Strathclyde Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Strathclyde (Con)]

My Lords, from the perspective of being at the tail-end on the Back Benches, I can truly say that this has been a far more interesting debate than I thought it would be when I saw the speakers’ list this morning. This debate is about a great House of Parliament—one that has, I would argue, held its reputation for seriousness, scrutiny and revision. Today’s debate has proven that. As my noble friend Lord Wakeham said earlier this afternoon, the House of Lords does what it is supposed to do; we have done that today in debating this issue.

As the noble Lord, Lord Grocott, said earlier, we are here today only because of the Bill before another place, but what he sees as a virtue I see as a dismal failure—namely, the failure of the Government to keep their word to the House, made 25 years ago, that the remaining hereditary Peers would leave when a proper reform was enacted. I clearly remember the noble and learned Lord, Lord Irvine of Lairg, happily agreeing to the by-elections because, as he said then, they would never happen because the Government would bring forward a proper reform Bill early in the new Parliament; that is why the by-elections would not take place until the second Session of the subsequent Parliament. Of course, as we all now know, there was no second reform Bill.

Here we are, 25 years later, with Labour’s tired old ideological song about removing the right of the hereditary Peers to sit and vote in the House of Lords, yet there is still no proper reform, and no thought, and Labour seeks to blame us for its failure.

What is the way forward? I am one of the few people in Parliament who was part of a process that successfully brought a full reform Bill before another place. In 2012, the House of Lords Reform Bill passed its Second Reading on an overwhelming vote, as the noble Lord, Lord Rennard, reminded us, but fell because Labour would not co-operate on a timetable Motion. I sat on two Joint Committees, one chaired by Jack Straw and one successfully by Nick Clegg, building on straw. It was cross-party, both Houses were represented, it was focused, and it came ultimately to an agreement that was reflected in the Bill that was presented.

I believe that the only credible motivator for reform is the existence of hereditary Peers. I urge the Government to reconvene a Joint Committee of both Houses—we have seen how it worked in the past—to sit and come up with a proper plan that reflects well on democracy and our democratic traditions, and maintains the House’s reputation for excellence. So much has changed since 1999 that we can take account of—the new devolved Administrations in Wales, Northern Ireland and Scotland, the new metro mayors in England and the GLA. We should look at the case for direct or indirect elections from these bodies and see how representation in the Lords can be improved.

I sense a dilemma at the heart of the speech by the noble Baroness the Leader of the House. She said that the Lords is complementary and an asset to the Commons—and I agree—and that it has deep historical roots. But she was afraid of being seen to do nothing. Surely doing nothing is better than deeply damaging the Lords, as the noble Lord, Lord Birt, warned. Of course, the noble Baroness the Leader of the House promised further reform—participation, age limits, tighter appointment systems and so on—but I have no faith whatever that any of that will happen once the Bill has passed. I am with my noble friend Lord Forsyth on that.

Surely there are better ways of going forward, such as the example set in 1922 when the new Irish Peers were stopped from coming here but the old ones could stay on until they died.

On that note, from time to time we hear that there will be life peerages for some hereditary Peers, such as the noble Earl, Lord Kinnoull, the Convenor of the Cross Benches, and my noble friend Lord Howe, but why is all this secret? Why can the Minister not tell us, in this quiet of the night, exactly what the Labour Party has planned and remove the threat of immediate execution from these Peers?

The Bill has passed in another place this evening without any serious debate. We shall have to wait for the Bill to come to our House to give it proper and full scrutiny. I finish with a plea to the noble Baroness. If we have 50-plus speakers at Second Reading, can we please have a two-day debate and not be limited to five minutes?

House of Lords: Composition

Lord Strathclyde Excerpts

Thursday 5th September 2024 Lords Chamber

Asked by

[Lord Strathclyde]

To ask His Majesty’s Government (1) what plans they have for the removal of excepted hereditary peers from the House of Lords and (2) whether they plan to keep the House informed on any proposed changes to its composition before the publication of relevant legislation.

[Lord Strathclyde (Con)]

My Lords, I beg leave to ask a Question of which I have given private notice, and I declare my interest. The question is as follows: to ask His Majesty’s Government, first, what plans they have for the removal of excepted Peers from the House of Lords and, secondly, whether they plan to keep the House informed on any proposed changes to its composition before the publication of relevant legislation.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

My Lords, I think the noble Lord’s Question referred to excepted hereditary Peers. Today, probably as we speak, the Government are introducing a Bill in the other place to deliver on our clear manifesto commitment to bring about immediate reform by removing the right of the remaining hereditary Peers to sit and vote in the House of Lords. The Bill was included in the King’s Speech, which was debated at length in your Lordships’ House. It will complete the process started a quarter of a century ago to remove hereditary Peers from Parliament. The Government are keen to maintain an ongoing dialogue with your Lordships about this legislation and our other manifesto commitments on reforming this House.

[Lord Strathclyde (Con)]

My Lords, I thank the noble Baroness the Leader of the House for that Answer, but is it not a bit shoddy that she was prepared to speak to the press yesterday and had to be summoned to the Dispatch Box today rather than make a Statement to the House about one of the most important issues facing this House—namely, its composition? This is a high-handed, shoddy political act, removing some of our most senior and experienced Peers, such as the Convenor of the Cross Benches, the noble Earl, Lord Kinnoull, the Deputy Leader of the Opposition, the noble Earl, Lord Howe, and many others who have held some of the most senior positions in government and commerce.

Why have the Government and the noble Baroness not sought any discussions or consultation among the parties? Twenty-five years ago, countless debates and questions took place in the House and, ultimately, we finished up with a consensual way forward agreed among the parties. Why are there no proposals to remove those Peers from the House who very rarely come, rather than those who have shown an active commitment over many years? I hope that the noble Baroness will now engage with the usual channels to find a suitable day for a debate on the Floor of the House to discuss proper reform of the House of Lords.

[Baroness Smith of Basildon (Lab)]

I have always admired the noble Lord’s ingenuity, and never more so than today. It is a bit of a reach to say that a Statement should have been made to this House first. This was first debated around the hereditary Peers by-elections, it was debated following the Labour Party’s manifesto commitment, and I have had numerous conversations since the election and will continue to do so. A Bill has been introduced in the other place today; it will come to your Lordships’ House and we will have our discussions in the normal way. The noble Lord says that there was agreement previously. It was because there was no agreement during the passage of that Bill that further discussions took place and temporary arrangements were made on a transitional basis to exempt some hereditary Peers from the legislation. This will complete that process. I remind the noble Lord that my comment to the press about the Bill’s introduction—made in the normal way—started by recognising the valuable contributions that many hereditary Peers have made to Parliament.

Business of the House

Lord Strathclyde Excerpts

Thursday 25th July 2024 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I agree with the noble Lord, Lord Grocott, that hereditary by-elections are probably now coming to an end. That does not stop this move being illegal; it is against the set-down rules, which is rather strange from a party whose leader was Director of Public Prosecutions and was dedicated to obeying the rule of law. The problem, of course, is that none of us in this House is legitimate; we are all appointed by one body or individual or another, and the only people who are elected by anybody are the hereditaries—so, in many ways, they have a superior right to be here than we do.

[Lord Strathclyde (Con)]

My Lords, this is obviously a very notable victory for the noble Lord, Lord Grocott, for the noble Baroness, Lady Smith, and for the Labour Party. I pay tribute to all those who have been elected in the by-elections over the past few years. There are an excellent number on our party Benches, on the Cross Benches and right across the House, and I think these by-elections will be much missed. But I support my noble friend Lord Howe and I think he has done the right thing. It will be for history to decide in the future on the contribution of these by-elections—but I think history will note that perhaps it was better to have the Peers voting for one of their own rather than just being ticked in the box by the Prime Minister.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I wish to offer a small correction to the noble Lord, Lord Hamilton, about people being elected to this House. Plaid Cymru and the Green Party elect the people who are to be their nominees. That does not mean that we do not want a fully democratically elected House with a full public franchise.