Debates between Lord Trefgarne and Earl of Caithness during the 2017-2019 Parliament

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

Debate between Lord Trefgarne and Earl of Caithness
Earl of Caithness Portrait The Earl of Caithness
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Yes, I read it too, and I remember saying it, so it is no good pointing and waving papers at me. My noble friend Lord Strathclyde has raised other points that were not mentioned in Committee and are worthy of debate and, on that basis, I support his amendment.

Lord Trefgarne Portrait Lord Trefgarne
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My Lords, I will speak for only a few moments. I support the amendment and very much hope that it will become part of this Bill if it reaches the statute book, which, naturally, I hope it will not. Just a few moments ago, the noble Lord, Lord Grocott, appeared to deploy what I believe he considers to be—

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Lord Trefgarne Portrait Lord Trefgarne
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My Lords, this amendment is largely self-explanatory but I believe it deals with some of the concerns that have been expressed. Any political party that does not wish to take part in the process of electing hereditary Peers would not have to do so if the amendment were agreed. I beg to move.

Earl of Caithness Portrait The Earl of Caithness
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I rise to support my noble friend’s amendment and to speak to Amendment 6, which is similar to that of my noble friend. My noble friend’s amendment asks that vacancies be spread to other parties. I do not believe that that should necessarily be the case and that, if it helps reduce the numbers in the House, a party need not take up a vacancy. When the noble Lord, Lord Campbell-Savours, asked us to declare an interest, I hoped that I might be able to misquote Shakespeare. Some are born with peerages; some have peerages thrust upon them, and some achieve peerages. The great advantage of being a hereditary Peer is that everybody knows why I got my peerage. The other two categories are still open to debate.

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

Debate between Lord Trefgarne and Earl of Caithness
Lord Trefgarne Portrait Lord Trefgarne
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My Lords, I have one simple thought about this. It is the one expressed by my noble friend Lord Caithness a little while ago. He, I and others object to the Bill proposed by the noble Lord, Lord Grocott, because it breaches the undertaking given in 1999. The context of that Bill was the total abolition of the hereditary peerage. At some point during its progress—the noble Lord, Lord Grocott, was, I believe, involved in the discussions that went on behind the scenes; I most certainly was not—all hereditary Peers were going to be removed from the House of Lords. A deal was done involving, principally, my noble friend Lord Strathclyde but others as well. An undertaking was given “binding in honour” those who gave their assent to it. Those were the words of the then Lord Chancellor, repeated in the House and, I believe, elsewhere. It is an undertaking that I hope, on reflection, all political parties will continue to be bound by.

Earl of Caithness Portrait The Earl of Caithness
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My Lords, I want to comment on the percentage of hereditary Peers, which the noble and learned Lord, Lord Brown, raised on a previous amendment. The best date the Library could give me figures for was 11 January 2000, just after the 1999 Bill went through, when the hereditaries comprised 13.89% of the House. As of March—I have not updated the figures since then—we comprised 11.66% of the House. When the House reaches a total of 600 Peers we would comprise only 15.33%. The percentage has gone down since 2000. That percentage will go up a bit, but I am very happy to discuss that point so that we keep the hereditaries at the same figure they are now.

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

Debate between Lord Trefgarne and Earl of Caithness
Lord Trefgarne Portrait Lord Trefgarne
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It is not in my hands at my age, I am afraid.

Earl of Caithness Portrait The Earl of Caithness
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My Lords, the point has been made about daughters inheriting titles. I would be in total support of my noble friend Lord Trefgarne’s Bill. I would be very happy if eldest daughters were entitled to inherit. In fact, I supported the Bill at an earlier stage. It is that mischief that needs to be corrected, not the mischief that there are only males, except for one, on the waiting list to stand for a by-election.

The noble Lord, Lord Grocott, said that if there were elections of the whole House only a small percentage of Peers would vote. If I remember rightly the figures that my noble friend Lord Trenchard gave earlier, I did a quick bit of maths and 50% of the House voted on the whole-House election. If that is considered to be a total waste of time because it is a small percentage, it is worth bearing in mind that the highest percentage of people who voted in the UK at a European parliamentary election is only 38%. Perhaps that is a very good reason why elections to that Parliament should be stopped. I beg leave to withdraw the amendment, but I will bring it back at a later stage.

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

Debate between Lord Trefgarne and Earl of Caithness
Friday 23rd March 2018

(6 years, 8 months ago)

Lords Chamber
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Lord Trefgarne Portrait Lord Trefgarne
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I beg to move.

Earl of Caithness Portrait The Earl of Caithness
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My Lords, I shall speak to this group of amendments. I also resent the accusation that I have been using delaying tactics. After the noble Lord, Lord Grocott, intervened to accept my Amendment 1, I immediately sat down so that progress could be made.

The noble Lord has presented his arguments under two headings. The first is that he has this prejudice against hereditary Peers and their succession. This is part of Labour policy, I fully understand that, and I fear that there is also probably resentment at being out-argued by my noble friends Lord Cranborne and Lord Strathclyde in 1999. The Prime Minister at the time is not the first person to have been out-argued by a Cecil, and doubtless will not be the last. That is well known in history.

The second flank of the noble Lord’s argument is about the by-elections. He has made some very witty speeches and written witty articles on this subject. These amendments deal with the by-elections. I wish to address in particular Amendment 10 in this group. The noble Lord has pointed out, at Second Reading last year and before that, that some circumstances in which certain by-elections are conducted are not entirely compatible with modern thinking on how they should take place. He has a point. However, the point of these amendments is to retain the by-elections but give the noble Lord what he wants: namely, a change in how they are constituted.

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Earl of Caithness Portrait The Earl of Caithness
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Well, some survived that too and doubtless some of us will survive this onslaught against us. My noble friend Lord Deben, the then Mr Gummer, also said what a good thing it was to have some hereditaries here because:

“A society is better run when, even if it is not entirely rational, power is spread a bit, with the opportunity for different people to make different comments about different things.—[Official Report, Commons, 10/11/99; col. 1173.]


All I am asking is that the noble Lord, Lord Grocott, consider that we amend the way by-elections take place at the moment to make them for the whole House rather than just individual parties, and that we revisit this when, as I said earlier, there is greater implementation of the report of the noble Lord, Lord Burns.

Lord Trefgarne Portrait Lord Trefgarne
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In this short intervention I support the proposition to which I referred earlier that the by-elections should be conducted on an all-House basis.