Earl Attlee Portrait Earl Attlee (Con)
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My Lords, the previous Labour Government commissioned a royal commission, chaired by my noble friend Lord Wakeham, which looked very carefully at all these matters about a well thought-out solution for Lords reform. It is extremely unlikely that an individual noble Lord, on his own or with a little help, could do as good a job as the Wakeham commission did.

Lord True Portrait Lord True (Con)
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My Lords, I agree with my noble friend Lord Attlee’s remarks about the Wakeham commission report, which deserves examination.

I congratulate my noble friend Lord Dundee on his set of amendments. He has clearly thought extremely carefully about his approach and I fully agree that, as we go forward, we should primarily be guided by the functions of the House and their effective performance. How we should be constituted should flow primarily from that.

My noble friend has set out an ingenious and comprehensive scheme for reform and a mode of transition towards it. He proposes indirect elections. I fear it may be a personal fault in me to believe that, should there ever be an elected element in the upper House, it should be directly elected by the people, although I well understand the considerations that have led my noble friend to the conclusion he reached.

As my noble friend acknowledged, a number of the themes in his amendments have been discussed under their specific heads in other groups on the Bill. He will therefore forgive me if I do not pursue them again now. However, although I welcome his view that a strong independent element should remain in the House, the figure he suggests of over 30%—a third larger than the number of Peers allowed to the Government under his scheme—is surely too high.

If we were ever to have a written constitution— I venture to hope we should not—I am sure that the framers would wish to consult my noble friend on the details of his proposals for the House of Lords, given his careful consideration of the matter. In the interim, I thank him for his thoughtful and considered reflections. I am certain that they will be studied carefully by those in the future genuinely contemplating reform.

Baroness Anderson of Stoke-on-Trent Portrait Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)
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My Lords, I admire the ingenuity and ambition of the noble Earl, Lord Dundee, in tabling these amendments, in addition to the careful consideration he has given in presenting a package of reforms. He poses a range of questions about the future composition of your Lordships’ House. However, the noble Earl will understand that we cannot accept them, as we are currently engaging in wider discussions with noble Lords from across the House about the way forward.

The noble Earl will be aware of the Government’s long-term ambition for more fundamental reform by establishing an alternative second Chamber that is more representative of the regions and nations of the UK. The Government’s manifesto makes a commitment to consult on proposals to provide an opportunity for the public to contribute their views on how to ensure that this alternative Chamber best serves them. As an aside, I note that the noble Earl’s Amendment 79 does not include the public in the list of people whom the Secretary of State would be obliged to consult.

The Government are open to differing views on what an alternative second Chamber could look like. Nothing on this matter is settled and it is right that we continue the debate, including with the public at large.

With the greatest respect to the noble Earl, his amendments would put the cart before the horse and bring forward a comprehensive package of reform, not only before the public have had the chance to have their say but with a pre-empted outcome. I therefore respectfully request that the noble Earl withdraws his amendment.

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Lord True Portrait Lord True (Con)
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My Lords, I am very touched by the determination of the noble Lord, Lord Harris, to hear from me. I am very happy to act as a performing seal to keep the noble Lord happy for hours on end, if he wishes, but that has never been the intention of the party on this side. If he looks carefully in Hansard, he will see me having said, from this Dispatch Box, that there was no question of our Front Bench dividing this House at any stage in Committee, and I hope that that message has been relayed to Members opposite.

My noble friend Lord Blencathra raised an interesting issue in his typically creative way. Like others, I flinched when I saw the long list of bodies in his amendment, although it underlines the depth and range of skills that there are still in this great country. Having listened to his arguments, I realise that he has put forward a probing—or perhaps more a scattergun—amendment. My noble friend is right that it is vital that we have a wide range of expertise to be called on as and when it is needed. That expertise, or the ability to analyse and deploy it, is one reason why your Lordships’ House has the authority that it has. It is why—although this is not germane to this amendment—I am rather more sympathetic to the occasional expert contributors we have among us than some who measure participation by quantity only.

The ingenious proposal from my noble friend Lord Blencathra, which does not seem to have found favour, is that temporary peerages be granted for representatives from each chartered professional body. We also heard another interesting proposal earlier from my noble friend Lady Laing on temporary Ministers, which I found fascinating. One might even moderate those proposals to consider: if we are a modern Chamber, and if we wish to be modern and we speak about reform, can we not think of doing things in different ways from all the other boring assemblies around the world? We are an interesting place. That area near the Throne is where the judges come at State Opening, on writs of assistance, to be present in the Chamber; it is not technically part of the Chamber. Could we not moderate the kind of proposal that my noble friend Lord Blencathra has put forward, so that if we are discussing something highly technical, we occasionally have people come here to advise and respond in our Chamber to inform our proceedings? It is just an idea.

If we are thinking of the future, let us be open without necessarily having to call people here for a long period with permanent peerages, as my noble friend said. Certainly, if we were ever to consider anything along my noble friend’s lines, he is surely right in proposing that any such appointment be temporary, to keep people at their most relevant and to allow a degree of flexibility within each sector to propose their representatives.

I admire my noble friend’s ingenuity in asking us to reflect on the expertise that we have, the expertise that we need and the expertise that we stand to lose, as my noble friend Lord Leicester said, if the proposal to exclude all hereditary Peers and all Peers over 80 were to go forward. We should have in mind the expertise we might lose as we consider any proposals for change and transition. However, my noble friend and the Committee will not be surprised when I say that, despite my great respect for his intentions and ingenuity, I am afraid that we on this Front Bench cannot support his specific proposals.

Appointing representatives from all chartered professional bodies in this way would make our House a bit too corporatist for my liking, and my noble friend leaves out other great institutions of the land. That said, we should reflect on whether there are other ways in which we could have witnesses occasionally to advise us on technical matters when we are considering important legislation. If we are to have this great modernisation, let us also consider innovative ways in which we might draw on the great wisdom of the British people.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, this has been an interesting debate, and there has not been very much support for the noble Lord’s proposal. One thing that impressed me—he may have gained a record, at least so far on this Bill—was that he managed to produce an amendment longer than the Bill itself. I do not recall that happening before.

It is clear that the different backgrounds, experiences and knowledge of noble Lords from around the House are really valuable in our deliberations. There are indeed past presidents of societies sitting in the House at the moment. The noble Lord, Lord Rees, has been president of the Royal Astronomical Society. The noble Baronesses, Lady Rafferty and Lady Finlay, have been presidents of the Royal College of Nursing and the Royal Society of Medicine respectively, and the noble Lord, Lord Trees, was president of the Royal College of Veterinary Surgeons. They have enhanced the debates—the noble Baroness, Lady Rafferty, has not been here very long but we look forward to more contributions from her; she has proved herself already—and these appointments are always welcome to your Lordships’ House. I think the noble Lord gets that.

Where I struggle with the noble Lord’s amendment is with regard to all the other organisations. The noble Lord, Lord Taylor, got it absolutely right: once you get a list, you look at the things you are excluding, and I do not think the chartered institutes and royal societies are the only groups that can provide such expertise. I also note that, had all the appointments been made that the noble Lord speaks of, they would make up about 30% of the House as Cross-Benchers. I think the noble Lord, Lord Norton, said that the Cross Benches should make up around 20%, which is roughly what most people were talking about, and this amendment would take it well over that. They would probably be larger than either of the two parties of government.

The noble Viscount, Lord Thurso, made the point that I would have made, but he got there first—obviously, it is a very good point to make, because it was what I was thinking. Why are we here? We are here for our experience, our knowledge and the contributions we make, but basically, we are here for our judgment. We listen to people who are experts and those who are not experts, and we listen to the public. We take on board all those things, and ultimately, we all have to act on our honour and make a judgment on the information before us.

The noble Lord, Lord Davies, pointed out how much the expertise that Members bring to this House would cost if it came from outside this place. But I do not really want a House just of experts, and I do not know where the noble Lord got that from. We are not a House of experts; we are a House that comes together to reach an expert opinion. We have experts among us, but not all of us have an expertise. Many do, but others are here, as the noble Viscount, Lord Thurso, said, to exercise judgment. We want Members to speak not just on one issue in which they have expertise; we expect them to look at a range of issues while they are here.

I am also uncomfortable with the idea of temporary membership of the House, which the noble Baroness, Lady Laing, raised earlier as well. We want all Members to be equal and to have equal status here; we do not want some Members who are temporary and some who are not.

I am sure that the noble Lord tabled his amendment with the best of intentions, but I ask him to withdraw it.

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Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom (Con)
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My Lords, I declare a personal interest, in that my son-in-law, my noble friend Lord Johnson of Lainston, acted as an unpaid Minister of State in the previous Government. I am grateful that he did not look to his father-in-law to subsidise him, and that he managed to survive without doing so. But the fact is that it is all to do with the number of paid jobs there are in any Government and the reluctance of government to extend that number of jobs. It is a hard decision, I accept, but one that I have always been assured government is prepared to take.

The sooner the Government get on with it, the better. As has been pointed out by my noble friends, it is a complete iniquity that people should be asked to serve for nothing. As has been pointed out by my noble friend Lord Bethell, people often give up the job that they are very good at doing, and somebody less adequate takes over because they are prepared to do it for nothing. This is all completely wrong, and we should change it as soon as possible.

Lord True Portrait Lord True (Con)
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My Lords, my noble friend Lord Parkinson, in his ever-ingenious way, has found a route to raise the question of ministerial salaries in the House of Lords. Having heard the strong feelings expressed, I think it is a matter that needs to be dealt with. There are a number of issues involved—as some touched on, there are matters in relation to pension and severance pay as well—but my noble friend’s amendment relates to salaries.

This is one of a number of issues—power of attorney, which we discussed earlier, being another—that the existence of the Bill has brought to the surface, and which go beyond the vexed and divisive issues of composition that are raised in the Bill and indeed in the Government’s manifesto. Surely if we can address any of these issues, for the good of the House, the Government or the country, we should find a way to do so.

Of course, Government Ministers in the House of Lords, whatever party is in office, should be paid. I give particular thought, although he is not here in his place, to people such as my noble friend Lord Ahmad of Wimbledon, a truly outstanding servant of this House and of his country who, because he was not able to attend the House in the conduct of his normal duties, lost out doubly as being unpaid and unable to claim an allowance.

Frankly, when I had the honour to be Leader of this House, I was deeply troubled by the fact that I had colleagues who were asked to work without pay. No one in any workplace would tolerate that as a decent way to carry on. The problem, as we have been told, arises from the interrelation between two 50 year-old statutes—we are often told that old law should be re-examined. Those are the Ministerial and other Salaries Act 1975, which limits the total number of paid Ministers to 109, and the House of Commons Disqualification Act 1975, which limits the number of Ministers in the House of Commons to 95. If the Commons takes up its allocation of 95 then the effective limit for paid Ministers in your Lordships’ House under the limit of 109 is just 14. That is clearly not enough. Between 1979 and 2019 the total number of Lords Ministers and Whips fluctuated between 21 and 27. There are further complications arising from overall limits on the numbers of Ministers of State.

The system needs review. When I was Leader of this House, I had discussions in the usual channels with other parties on this, and it was clear then that there was broad agreement that the injustice should be attended to—that it surely could not be right in the 21st century that you should need private means in order to serve as a Minister of the Crown. In saying that, I take nothing away from the high sense of public duty that led many noble Lords under successive Governments—including, I thought, some under this one—to undertake public service without reward.

When a number was given, the noble Baroness indicated that it was not true, but I had thought that there were some in this Government who were unpaid. Whether or not that is true, under any Government the self-sacrifice and public sense of duty of those people should be honoured, respected and remembered. However, it need not be for ever replicated, Government after Government. In the context of a reasonable settlement for the future of this House, as we go forward from this Bill, this matter might again be usefully discussed across party lines.

In March 2024, towards the end of the last Government, there were 14 Ministers and Whips in your Lordships’ House who were working unpaid. They included all six Ministers of State in this House, as the House of Commons wanted all paid posts then as Ministers of State for MPs. If that is not happening today under this Government, it will happen in due course as the demands on patronage grow. The unpaid Ministers included my noble friends Lord Howe, Lord Minto, Lord Camrose and Lord Roborough, whose public service now is to be requited by the current Bill as drafted by being expelled from Parliament. As we have heard, others had previously performed for nothing.

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Earl of Kinnoull Portrait The Earl of Kinnoull (CB)
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My Lords, I do not want to delay anything, and I do not actually want the noble Lord, Lord Strathclyde, to respond to my thoughts. But there is the matter of the Lord Speaker and the Senior Deputy Speaker: they are both Members of the House, so would they have to stand? There are also a number of judges whom the Convenor of the Cross Benches has to produce for particularly contested private Bills and other things. So, although I was very interested to hear the noble Lord’s introduction of the idea, it has quite a few legs that would require to be sorted out.

Lord True Portrait Lord True (Con)
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My Lords, it is unfortunate, in a way, that my noble friend’s carefully thought-out amendment has come forward at this hour and at this time. It draws on existing practice, as was done in 1999; it provides a way to get towards a number that the House of Lords might be content with; and it addresses issues of party balance—I take what the convenor has just said about the specific interests and concerns of the Cross Benches.

We are not going to have a serious or thoughtful examination of this significant amendment at this hour on this particular day. What it does do, however, is remind us that there is a lot in the Bill about a finality and an alleged completion of unfinished business. There are differences about what bit of business is being finished or left unfinished, but what is absolutely clear—as I said at the start of our debate—is that the future of the House remains a fog. We have to bend our thoughts and consideration to the future; considerations were put forward for us by the noble Duke, the Duke of Wellington, and others in earlier amendments. We cannot have ease or security in this House without the kind of arrangements and patterns of governance and composition—the kind of things that are addressed in my noble friend’s amendment. By the way, I always thought he was a passionate advocate of an elected House, and he may well still be under the surface; I do not know. But we really have to find a way.

The noble Baroness was talking earlier about consultation, and no specific timescale was given in response to any of the amendments—from the noble Baroness, Lady Smith, the noble Lord, Lord Fowler, or the noble Duke—for when we might see some of the fog about our future lifted. There has to be some model or mechanism; it might be close to what we have now or something nearer to what my noble friend Lord Strathclyde suggests. We cannot have closure unless we have an opening to the future—a better one than we have heard in our debates on the Bill so far.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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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.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
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My Lords, I simply want to make two points, one on procedure and the other on substance. On procedure and the point made by the noble Lord, Lord Harris of Haringey, he will know, as a long-standing Member of this House, that if my noble friend’s amendment were not in scope, it could not have been tabled. Also, as much as the noble Baroness the Leader of the House may pray in aid her manifesto and the promise of more legislation, we know that, despite the standard argument of Ministers that a particular piece of legislation is not an appropriate vehicle and another one will be along shortly, it very often does not happen.

That leads me to my point concerning substance, which I am sure the noble Baroness the Leader of the House will acknowledge. As my noble friend has already said, this sensitive issue is one that all of us who have had the privilege to serve as Leader or Chief Whip of our respective groups have faced, and we cannot leave it unanswered or unaddressed. I urge the noble Baroness please to take this seriously, and I hope that the Government’s desire not to amend the Bill will not be advanced as an excuse in response to this debate.

Lord True Portrait Lord True (Con)
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My Lords, I have put my name to my noble friend’s amendment. My noble friend, as a former Chief Whip; my noble friend Lord Taylor of Holbeach, as a former Chief Whip; my noble friend, who is a former Leader; and I as a former Leader: we all know that there is a serious issue of law and principle that needs to be addressed here. I agree with the very wise words and advice to the House from the noble Lord, Lord Wallace of Saltaire.

The noble Lord, Lord Harris, took exception to a speech I made at the outset of these debates. In part of that speech, I said that there are several parties to this legislation. One is the Government’s desire, which we accept, to stop the inflow of hereditary Peers; the other is the views of other parties in the House; but there is an overriding interest of the House. This is a House of Parliament, and there is a Bill before us which directly affects your Lordships’ House. It is absolutely reasonable, as the noble Lord, Lord Wallace of Saltaire, submitted, that this House of Lords should put forward propositions for sensible and limited amendments to legislation that will improve, potentially, the reputation of the House. I believe that this proposal fits squarely into that. I assert the simple principle that those who cannot conduct their own affairs should not conduct the affairs of Parliament. If this is not addressed, it risks one day bringing disrepute on this House.

The clear intention of the House at the time of the 2014 Act that brought in retirement was exactly that those life Peers who no longer wished to take part in the House, or who perhaps felt that their powers to do so effectively were declining, might retire permanently from the House. That was a sensible and useful reform, but, as has been described in the debate, a potential problem has arisen. In the 2014 Act, it is clear that a Peer must personally sign a witness document stating that he or she is wanting to retire. That was the clear advice I received from the House authorities when I was Leader: that where a Peer has ceded control of his or her affairs by means of a lasting power of attorney, as explained to us by my noble and learned friend Lord Garnier, doubts have been expressed as to whether the Clerk of the Parliaments could accept the letter of a duly appointed attorney as conclusive in relation to retirement. Thus, as my noble and learned friend said, in extremis an attorney might be able to sell the property of an individual, move their bank account contents anywhere or put them into a retirement home, but they could not effect a request for that Peer to retire from the House. That is a quite extraordinary position.

In the worst imaginable case, an attorney might know that a Peer is wholly incapable of managing his or her own affairs but could not prevent that Peer coming to the House to take part in directing the nation’s affairs because no valid document of retirement could be presented to the Clerk of the Parliaments. Such circumstances should never arise, and they would never be accepted in any House of Parliament in most other countries of the world. I simply disagree with the view expressed that an amendment cannot be considered or accepted because it was not part of the original intention of the Government in presenting a piece of legislation. I have presented many pieces of legislation to your Lordships’ House on behalf of the Government and found that the House did not agree with the purpose I had in mind for the Bill, but that it thought that the Bill might be a useful vehicle for making changes to the betterment of the public weal.

If there is before us a vehicle that could enable us to do something swiftly and easily that would be useful for this House and for Parliament, I believe we should take that opportunity. This is not a question of prevarication or wanting to cause difficulties. It is the easiest and simplest thing to do and would involve a 15-minute debate on Report if we get agreement on a way forward, if that is necessary. This Bill provides an obvious opportunity to put the law beyond doubt. It is under doubt and it is conflicting advice, and we have a vehicle through which we could make it clear. The issue has no relevance to politics or to the other contentious issues in the Bill. In my submission, it is simply common sense. Frankly, it is an amendment to the law that no one in the other place could conceivably take any exception to.

I trust very much that your Lordships will support my noble friend and take advantage of this opportunity to set this small but important matter beyond doubt, if it is indeed necessary to do so. I know that the noble Baroness the Leader of the House takes this matter very seriously—we have had the opportunity to discuss it and other matters in our normal conversations—and that she will give full consideration to the arguments of my noble friend. But it is my submission that the Bill should not leave this House without this difficult and sensitive matter having been solved swiftly, clearly and permanently, and with the utmost, crystalline clarity.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I am grateful to the noble Lord, Lord Ashton of Hyde, for raising this issue, as he knows from the brief conversation we had about it. We have heard from two former Chief Whips and two former Leaders of the House how serious an issue this is. For me, it is a matter of the dignity of the Member. Where Members are not able to participate in the role of this House, particularly Members who have—I hesitate to say “career”—given distinguished service to your Lordships’ House, they should be able to leave with dignity.

I am slightly ahead of noble Lords. One of the first things I did as Leader of the House, knowing there had been problems in the past, was to seek further legal advice on this matter. I am still seeking advice, and I think there is a way forward, but there is not much more I can say at this stage. It is an issue that needs careful consideration.

I am sorry that the debate has been a little “It must be in the Bill”; I think that the best way forward is to give effect to it quickly, and I do not really care what the vehicle is. We may be able do it more quickly or we may have to wait to pass legislation, but what I can say is that it is more legally complex. It may be that a change in the law is not the best way and is not what is required; it may be that we can do it from the House itself. Those are issues that I am looking at at the moment. I am happy to talk to the noble Lord about it, but I am looking at ways to give effect to this.

I ask the noble Lord to withdraw the amendment and give him the assurance that we will return to this issue. As the noble Lord, Lord True, said about our conversations, it is one of the first things that I raised with him very early on, soon after I became Leader, as I feel that it has been around for far too long and it needs resolution as quickly as possible. This engages a number of issues, but I assure your Lordships that I will take this away and bring something back to your Lordships’ House in one form or another. I ask the noble Lord to withdraw his amendment, but I give him my assurance that this is not something I will let drop: I have already been working to get a resolution as quickly as possible.

Church of Scotland (Lord High Commissioner) Bill

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I thank all noble Lords who spoke during the Second Reading debate. It was one of the most positive debates I have ever taken part in in this place. Since the Bill has attracted no amendment and was debated only last week, I will not take up too much of the House’s time today. As I said in the debate, the Bill has a simple aim. It is designed to remove a legal barrier that prevents Roman Catholics holding the office of Lord High Commissioner. The upcoming appointment of Lady Elish Angiolini as the first Roman Catholic Lord High Commissioner would have been blocked by historic legislation if it were not for this Bill. Her appointment is a strong gesture of good faith, co-operation and togetherness between the Church of Scotland and the Catholic Church in Scotland, building on the St Margaret declaration signed in Dunfermline Abbey in 2022.

At Second Reading we heard many powerful speeches from across the whole House, and the impact of those comments really go beyond this Bill. Your Lordships spoke powerfully about the symbolic significance this appointment will demonstrate, not just to two different denominations of Christianity but across society. The values of tolerance, respect and dignity were the running theme of last week’s debate—values symbolised by this appointment. Lady Elish is an accomplished public servant. Your Lordships and Members of the other place have spoken highly of her career and achievements and have warmly welcomed her to her role, and I wholeheartedly agree. There is only one obstacle that prevents her taking up the role, and that is an archaic legal restriction. By passing this Bill removing the restriction, the House can give its support to Lady Elish with our best wishes for her tenure as Lord High Commissioner.

Finally, I express my thanks to all those who have been involved in preparing and passing this Bill. In particular, I thank the Scottish Government, the Church of Scotland and Lady Elish herself. I thank the usual channels and Members on the Front Bench opposite for supporting and facilitating the accelerated timetable for the Bill. I also thank the Bill team from the Cabinet Office and the constitution division for their work in bringing the legislation forward. It is a practical step to remove a relic of a past age that has no place in today’s society. In that spirit, I beg to move.

Lord True Portrait Lord True (Con)
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My Lords, I thank the Minister for the way she has piloted the Bill. I confirm what she said: the unanimity in the House at Second Reading was moving. There was very broad and deep support for the Bill and for this enlightened appointment by His Majesty the King. This House bears great good will towards Lady Elish as she takes on this appointment. We on this side thank the Minister and all those involved behind the scenes in preparing the Bill, and we wish it godspeed.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness (LD)
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My Lords, I also thank the Leader of the House, and I echo what the noble Lord, Lord True, said about the debate we had last week. It was quite remarkable, for two reasons. First, there was a historic stain that we wanted to remove. Secondly, we had confidence in the ability of Lady Elish to fulfil the role proposed for her.

I also give thanks to those in the Bill team; I would not say it has been done at breakneck speed, but it had to be done very quickly to meet the deadline of the General Assembly in May. I know that the work done by the Chancellor of the Duchy of Lancaster has been very much appreciated, so I add my thanks—not least to the noble Baroness—that we have managed to get this legislation through. I look forward to seeing Lady Elish at the General Assembly on 17 May.

Church of Scotland (Lord High Commissioner) Bill

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Lord True Portrait Lord True (Con)
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My Lords, I am very grateful to the noble Baroness the Leader of the House for introducing the Bill. As she says, it is a simple and straightforward Bill which will enable a most distinguished Scottish lawyer, Lady Elish Angiolini, to take up her appointment as His Majesty the King’s Lord High Commissioner to the General Assembly of the Church of Scotland. I can assure the House that it has the full support of His Majesty’s Opposition and we were very grateful to be able to consent to accelerated consideration through the usual channels.

As my honourable friend the Member for West Aberdeenshire and Kincardine said in another place, this Bill is an important step towards full equality for Roman Catholics under British law. There is in fact a long Conservative tradition of supporting Catholic emancipation, which the noble Baroness alluded to. In fact, the first Duke of Wellington risked the future of his own Government to secure the passage of the Catholic Relief Act in 1829, which granted Roman Catholics the right to take up positions of trust and responsibility in public life. There were some objections from some quarters in Scotland at the time, which might be why we are here today. The passage of that 1829 Act led Britain out of shameful centuries of penal laws against Roman Catholics. The Bill before us today shows how far we have come since 1829.

I remember it was Sir Keir Starmer who in 2002 wrote an important article calling for an end to another disqualification of Roman Catholics—of people who married Catholics from succession to the Crown. It was good that the coalition Government took that up and passed the Succession to the Crown Act 2013, which ended that disqualification of Roman Catholics. We are always ready to support Sir Keir in good ideas and the attempt to reduce any element of discrimination in public life has universal support. I hope we can continue to foster greater acceptance and a stronger tradition of ecumenism for the future. This Bill achieves that. We are absolutely united across this House in opposition to discrimination. In government, we worked to foster stronger relationships between all communities, whatever differences of religion they may have had, and we will work with Ministers in this Government to continue that work, as we are doing today.

As the noble Baroness said, the Lord High Commissioner to the General Assembly of the Church of Scotland is one of the most significant roles in Scottish public life. Our sovereign has appointed Lord High Commissioners as representatives since 1690, for only rarely have sovereigns attended the General Assembly in person. The King is not the head of the Church of Scotland, so the Lord High Commissioner is a representative to the General Assembly, not a member of the Assembly itself, and it is therefore not a requirement for them to be a Presbyterian or a member of the Church of Scotland.

Lady Elish Angiolini has an impeccable record of public service, having served as Scotland’s first female Lord Advocate, and she has had a distinguished legal and academic career. We on this side also welcome her appointment. Indeed, the decision to appoint Lady Elish, the first Roman Catholic to receive the King’s commission to be his representative to the General Assembly, is a momentous one. As the noble Baroness rightly said, it builds on the St Margaret Declaration of November 2022, in which the Church of Scotland made:

“An historic declaration of friendship between the Church of Scotland and the Catholic Church in Scotland”.


We welcome this continued commitment to friendship between those two great Churches.

Before I conclude, I note that the Government say they are looking also to make changes to other, similar areas of law. In her letter to all Peers of 5 March 2025, the noble Baroness the Lord Privy Seal wrote that the Government were considering how to address historic restrictions on Roman Catholics and Jews advising the Crown on appointments in the Anglican Church. Perhaps she will take this opportunity, either now or in a letter, to set out in further detail what is intended. It might be helpful to know when the Government intend to bring such proposals forward, which I am inclined to think that we on this side would want to support.

In conclusion, we wholeheartedly support the Bill. We wish to see it pass swiftly through your Lordships’ House ahead of the next meeting of the General Assembly of the Church of Scotland in May this year, as the noble Baroness told us. We have absolutely no doubt that Lady Elish Angiolini will fulfil her duties assiduously and we wish her well as she prepares to take up her important role as Lord High Commissioner.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, beneath the wide-ranging and sometimes unfocused discussion we have had on these amendments, there is a degree of limited consensus that we should build on. The amendment of the noble Lord, Lord Cromwell, shows us the way we should go. I hope that between Committee and Report, we will have a number of discussions, off the Floor, about where we go from here that will build on that limited consensus. I hope that the Government will consider accepting a limited number of amendments, which would show us the direction in which we go further, as well as committing to make some clear statements about how they would see further developments.

On the questions of attendance, participation and retirement, I agree strongly with my noble friend Lord Newby that some of this can be done through Standing Orders and agreements of the House and does not require legislation. That is part of the way that we may go forward.

I suggest that we all know pretty well what we mean by a minimum level of attendance and participation, and can name quietly, but we will not, some of the people who fail to fulfil it. I recall some years ago being invited to an office in the City of London to brief the CEO of a rather major operation on how to make a maiden speech. He had been a Member of the House for almost a year and I do not think that he had attended more than two or three times. He did not understand the House and he felt that he ought to make a maiden speech. That is clearly below the level of attendance and commitment.

This is a Parliament in which we are supposed to parley with each other—to exchange ideas, to listen and to learn. I have learned a lot through taking part in Bill Committees. I look at the noble Lord, Lord Vaux of Harrowden, and I remember the Procurement Bill, which we worked through in the previous Session. It was not my area of expertise, but I learned a great deal from him and from a number of other participants. We are here to examine in detail proposals that the Government make and to discuss difficult issues that the Government sometimes do not want to grapple with. That requires a minimum level of attendance and interaction between us. That is part of what we are here for.

Having said that, I hope that we will now be able in the rest of this evening to get through several more amendments, much more rapidly. I hope that the Government will think about what assurances they need to give us in order that we can make greater speed on Report. We should never forget that how this House is seen from the outside is something that we all need to be conscious of. The size of our House and those who come in for just 20 minutes and go out again are an embarrassment, and are picked up by the media. Honours and obligations need to be balanced. A later amendment suggests that we should be moving towards separating honours from the obligation to attend and participate, but these are all questions for the longer term. Dividing what we think this Bill can achieve from what we need to commit ourselves to discuss for the future is part of what we need to discuss between Committee and Report. I hope that this amendment will be withdrawn, but we should bear in mind that the noble Lord, Lord Cromwell, is offering us a very useful way forward.

Lord True Portrait Lord True (Con)
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My Lords, I am grateful to all those who have spoken—sorry, I am forgetting that I am not a Minister anymore; that is what the noble Baroness says. This debate has generally conformed to the good-natured debates that we have been having. I am very grateful to the Front Bench opposite and to others that that has been the case.

If I may say so, I was disappointed by the intervention by the noble Lord, Lord Grocott, which slightly changed the atmosphere for a time. The noble Lord and I were good comrades, he will recall, in the Brexit years, when he and I were among the very few people in the House who thought that we should do what the British people had voted for. There were times then when I felt, and I am sure he felt very often, that the House did not really want to hear from us again on the subject. I beg him to understand that we are facing a situation where many of our colleagues are threatened with leaving this House, and it does not help if they are told that they should not be heard from again. We will never be able to hear from them again. I have to say that the noble Lord has never been known not to repeat arguments on the House of Lords that he has put before—I have heard them many times. I shall break the rules of the House and say, “Come on, Bruce, let’s put our smiles on again”.

This has been a good debate. Again, many noble Lords have said, quite correctly—the noble Lord, Lord Wallace of Saltaire, made this point in a measured and sensible way—that it is important that we should understand the direction the Government are going in, and it is perfectly legitimate that House of Lords, faced with a Bill to reform and change the House of Lords, should express views about the future of the House of Lords. Let us recall that this question of participation is not a subject that has been dreamt up by some deviant Back-Bencher to put before your Lordships’ House; it was put before us in the Labour manifesto, so of course we should look at it.

When I hear these debates, it seems there is a widespread feeling in our House that there is a strong case in equity, and in the interests of the whole House, for finding some way towards a transition that allows many of the best of us who are threatened with expulsion to remain. I also believe there is an equally widespread feeling across the House that we should not continue to protect those who never come here, while working to throw out people who do contribute.

The question on participation is, how do we define it? It goes far further than attendance, and this debate has illustrated that. The Government surely must have had a view on this when they put the Bill in the manifesto, but there are many ways in which we can measure participation, and these have been brought out in the debate. I could cite those who serve as Government and Opposition spokesmen, Deputy Speakers or indeed Convenors of the Cross Benches—they are vital to the operation and functioning of your Lordships’ House. Hereditary Peers currently make up 27% of our Opposition Front Bench, 21% of Deputy Speakers and 100% of the Convenors of your Lordships’ Cross Benches. I say these things because I believe that noble Lords who are already with us—all of us, not just the hereditary Peers—should be judged, if we are to be judged at all, on our participation and contribution to your Lordships’ House, and not on any of our identities or characteristics.

I acknowledge how difficult it is, potentially, to define participation, and this has come out in the debate. There are many ways that noble Lords contribute to the House, and my noble friend Lord Blencathra, in his repeated brilliant speeches, keeps bringing up so many of them. Noble Lords can make legislation, propose amendments to Bills, participate in Divisions, ask Oral and Written Questions, contribute to committees, participate in debates, serve as Opposition spokesmen and even take part in international work, as my noble friend pointed out. They can also make use of their expertise and experience—as have several noble Lords who have spoken in this debate—to contribute in myriad ways to the work of this House and the progress of our nation behind the scenes. The noble Earl, Lord Erroll, and my noble friend Lord Attlee spoke to those points eloquently. One Peer, who was recently attacked in the media for not speaking enough, has been a diligent, active and hugely valued member of your Lordships’ committees for decades.

My noble friend Lord Lucas focused on a broad definition of committee work in his Amendment 40. This is extended to participation in all Bill stages, Questions and Statements by my noble friend Lord Hailsham’s Amendment 42, but as I and this debate have illustrated, the participation net could be cast even wider. My noble friend Lord Blencathra suggested a practical solution in his Amendment 26, which sets out some initial suggestions but would otherwise allow for a participation requirement to be determined flexibly through Standing Orders and a committee of the House.

I will come to the amendment from the noble Lord, Lord Cromwell, in a moment, but the more we can do in this House—this is no disrespect to the Minister; I would have said it of my own Government—and the less we can leave to Secretaries of State in the House of Commons, the happier I will be. There is great wisdom in this House, and the more we can reach solutions here through the kind of consultations the Minister is initiating, the better.

In his Amendment 63, the noble Lord, Lord Cromwell, has not sought to pre-empt the definition of “participation” or, in fact, the level at which it would be required. But he proposed a structure to make and implement decisions that would need to be made. Given the broad range of views that we have discussed today and our need to reach consensus, while avoiding any unintended consequences, I—like the noble Lord, Lord Wallace of Saltaire—consider the content of the suggestion of the noble Lord, Lord Cromwell, to be a sensible basis for progress. However, I repeat that I agree with the noble Lord, Lord Newby, and my noble friend Lord Blencathra that it would best to keep the House of Commons out of it as far as we can.

Lord True Portrait Lord True (Con)
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My Lords, the noble Lord, Lord Grocott, and I both grew up in the post-war era. When I sat in front of our coal fire as a little boy, I used to love pulling at the threads of my woolly jumper and holes appeared elsewhere. My mother, who had knitted it, was furious and pointed to those holes. So it is with this Bill that would create an all-appointed House; holes appear elsewhere, and it is perfectly reasonable for your Lordships’ House, which is uniquely affected, to address some of the consequences.

The noble Lord, Lord Newby, in advocating work on a democratisation of the House—he is doing just this thing—follows a position long taken by his party. The preamble to the Parliament Act was referred to, which said that the House of Lords should be supplanted by a House constituted on a popular, instead of a hereditary, basis. It so happened that Asquith and Lloyd George, who believed in strong government, were not that keen on PR. In fact, Lloyd George, famously told CP Scott that PR was

“a device for defeating democracy, the principle of which was that the majority should rule, and for bringing faddists of all kinds into parliament and establishing groups and disintegrating parties”.

That was a wise man. Probably the father of the noble Lord, Lord Newby, did not know Lloyd George.

Asquith’s Government did not take democratisation forward, although, as the noble Lord said, Sir Nick Clegg and my noble friend Lord Cameron did go for reform in 2010. At the time, the Liberal Democrats saw that as part of a programme to entrench a Lib Dem hold on future Governments, with a PR wedge in both Houses. That did not succeed, but that potential Lib Dem lock is probably why many here, on both sides, would regard a Lords elected by PR as a less than enticing prospect.

However, beyond the principled arguments we have heard in this debate, put forward by the noble Lord, Lord Newby—and it is a legitimate, principled argument—and by others, such as the noble Baroness, Lady Smith of Llanfaes, there are two reasons why calls for democratisation might intensify after this Bill. They may appear to be in contradistinction, but they could interlock.

The first is potential overreach by an unelected Chamber. I remember that, when most hereditary Peers left in 1999, the then Leader of this House, the noble Baroness, Lady Jay of Paddington, declared that the new House, stripped of most hereditary Peers, would be “more legitimate”. Will the new House created by this Bill, freed of the drag anchor of so-called illegitimate hereditary Peers, be more assertive? Will it view itself as the rather more expert House, one with more wisdom and authority than an inexperienced House of Commons, where 335 Members are new and only one in 10 was a Member more than 15 years ago? I sincerely hope not.

Will the new House be more confident in pressing its arguments? In the absence of sensible working arrangements such as I have suggested, that is possible. Indeed, the current campaign in the Guardian shows what is already being said about the legitimacy of the unelected House, life Peers and hereditary Peers alike. Faced with challenge, an elected Government might see merit in pressing forward with reform. Which takes one to a second, very plausible scenario, where successive Governments, copying the precedent created by this Bill, simply tear groups of Peers out of your Lordships’ House to adjust numbers here to their party-political convenience.

I have spoken about this before. When I did, the noble Lord, Lord Newby, challenged me to say what other groups might be taken out of the House. I cited an example of Peers who have served for over 15 years, term limits being a very popular proposal for Lords reform. I checked what the effects would be if term limits came in in 2029 without grandfather rights, as this Bill plans for hereditary Peers. Removing in 2029 all Peers who have served over 15 years and denying them grandfather rights would deliver the Conservatives a significant net gain of nearly 70 over the Opposition parties and some 190 against all groups in the House. It would remove 59 Liberal Democrat Peers, which is throwing out more than 75% of them. What about that as a prospect? Before anyone says “threat”, it is not threat but fact. There are really grave dangers and deep unfairnesses in this game of “remove a chunk of Peers here and there”, and they are redoubled if grandfather rights are denied. I do not think that any unelected House could long survive such manipulation. The calls to allow the public, rather than the Government, to choose political Members of the House would inevitably grow. So, like it or not, the debate about democratisation posed by the noble Lord, Lord Newby, will not be shooed away simply by removing hereditary Peers.

After the 1999 Act and the challenge to us on a stage 2 House, my party, as my noble friend Lord Strathclyde reminded us, came forward in 2002 with an idea for an elected Senate of 300 members, with 60 seats reserved for unelected Cross Benchers to damp the electoral mandate. Our manifestos in 2005 and 2010 maintained that, and we sought to put it into action in the coalition Government. As we have heard, that attempt was frustrated, but what is the Labour position? It is the party in power. It is the party proposing, in its manifesto, replacing your Lordships’ House. The gracious Speech for the 1998-99 Session said that the 1999 Act would be

“the first stage in a process of reform to make the House of Lords more democratic and representative”.

Labour’s 2001 manifesto pledged a “more representative and democratic” House. Sounds familiar: is that not the line that we keep hearing spun by the party opposite on this Bill and this package of reforms? I did not believe it then, I am sceptical now and I think that the noble Lord, Lord Newby, has every right to ask for the kind of work that he is proposing. So I must ask how the Minister will respond—I hope that she will.

After succeeding Tony Blair, whose party had been publicly advocating for a democratic second House for years—and then voted against any element of election at all in 2003—Gordon Brown tried to revive Labour’s idea of a representative House. In Labour’s 2009 Bill, he looked to end the entry of new hereditary Peers, but he included grandfather rights: a provision that all existing Peers should stay. It was a different Labour Party then, perhaps. Instead of backing plans for election put forward by the coalition, however, Labour allied with rebels in the Commons to frustrate progress. Given the track record of the party opposite, I am a little sceptical as to the future. Will the Minister set out her plans in detail when she responds? If not, can she place a letter in the Library of the House?

The absence of a stage 2 destination overshadows the whole debate on the Bill and provokes many of the questions being asked. When Sir Keir Starmer became leader in 2020, he pledged the abolition of this House in his first term in office and the creation of a new elected Chamber. He was ecstatic when Gordon Brown’s commission reported in December 2022, acclaiming the idea of a new assembly of the nations and regions and, as he put it, rebuilding trust by

“replacing the unelected House of Lords with a new, smaller, democratically elected second chamber”.

Yet Labour’s 2024 manifesto merely said that

“Labour is committed to replacing the House of Lords with an alternative second chamber that is more representative of the regions and nations”.

The word “democracy” was not there. Where in the long grass is it now?

In conclusion, I will ask the Minister some specific questions. Can she confirm whether Labour’s alternative second Chamber will be wholly or partly elected by the people? The manifesto said there would be a public consultation on this Chamber, but you cannot have a meaningful consultation without a proposition on which to consult. When will consultation start? My noble friend Lord Blencathra asked for one form of consultation: a referendum on an elected House of Lords. Does the noble Baroness leave the door open to such a referendum?

Can the Minister tell us whether the Government will publish a White Paper, or any other guidance, to inform your Lordships as we move towards Report? As my noble friend Lord Moylan said, what is the current timetable envisaged for replacing your Lordships, as the manifesto pledged? It is causing concern and confusion on all sides. Will the Minister, who is Leader of the whole House—a responsibility she carries out, in my judgment, with a high sense of responsibility—set out a clear direction as to the Chamber that will replace us before we come to Report?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I am grateful for what has been a long and interesting discussion; I thank the noble Lords, Lord Newby and Lord Blencathra, and others, for giving us the opportunity to have it. As with most debates we have had on the Bill, it has gone rather wider than the precise amendments in front of us. The noble Lord referred to some of the things he mentioned at Second Reading, the King’s Speech and other debates. I welcome that there is a focus on other issues beyond the Bill, but that is not what is before us now. However, they are all worthy of longer-term consideration.

The amendments in this group raise the introduction a democratic element to the House. Amendment 11, tabled by the noble Lord, Lord Newby, Amendment 72, tabled by the noble Baroness, Lady Smith of Llanfaes, and Amendment 90D, tabled by the noble Lord, Lord Brady of Altrincham, all seek to impose a duty on the Government to take forward proposals to ensure a democratic element of your Lordships’ House once the Bill has passed.

Amendments 11 and 72 would require the Government to consult specified persons and bodies, including from this House and the other place, on proposals for introducing elected Members, whereas Amendment 90D would not require consultation and focuses on legislative proposals for a far smaller House of Lords elected under a first past the post system. I am not sure, if we were elected under any system, that it would be a “House of Lords”; I cannot remember which noble Lord said that they were tempted by the title “senator”, but it certainly would not be a House of Lords if that was the proposal. Amendment 90D also asks the Government to bring forward a draft Bill. A very similar amendment was placed in the other place, which was resoundingly rejected by a majority of 262.

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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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.

Lord True Portrait Lord True (Con)
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The noble Baroness challenged me on one thing, and perhaps I can make it clear for the Hansard record that I was certainly not laughing at her, even if other noble Lords were. I think she acknowledges that from a sedentary position.

The noble Baroness asked whether I was concerned about certain things. I did not particularly like it when Sir Tony Blair created the largest number of life Peers ever known, but that was his prerogative. The point I am trying to make—this is a House point, not a party-political point—is that a very dangerous precedent opens up when it is felt that a group can be dismissed from the House. That has never happened in this way, and the Conservative Party has never removed people from other parties. I will not repeat what I said in my remarks, but I believe that this is a profoundly dangerous precedent, and we should find ways to avoid setting it.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, it is a party-political point. I was trying to make the very non-party-political point that the House operates best with roughly equal numbers. It has taken 25 years to get here. The principle was established when the hereditary Peers left in 1999—I have to say that any trade union would have snapped up Viscount Cranborne in a moment—and, in effect, 92 of their number remained in perpetuity. Those were the arrangements then. This Bill will end those arrangements, so that the House can move forward.

The noble Lord talked about a term limit, an issue on which some noble Lords have put down amendments later. That would have to be discussed and debated by this House. That is not one of the proposals we are putting forward, but if someone wants to propose that during the consultation we will have on an alternative second Chamber, they are at liberty to do so. I think there would probably be quite lengthy arguments about the duration of a term limit, but that is not included the proposals before us today. Although 25 years is perhaps quite a long time to take to move forward, it is right that we take time to consider these issues.

I am grateful to noble Lords for the points they have made. Certainly, some useful points for the future have been made on how an alternative second Chamber may be constituted. That is not before us today, but in due course, when we are able to come forward with proposals, we will consult quite widely. At this stage, I respectfully ask that noble Lords and Baronesses take their amendments back and reconsider them, and I beg leave to ask that they not press them.

Ukraine

Lord True Excerpts
Tuesday 4th March 2025

(4 weeks ago)

Lords Chamber
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Lord True Portrait Lord True (Con)
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My Lords, I thank the Minister for repeating the Statement. The United Kingdom has long been a bastion of freedom and a steadfast defender of democracy. Ukraine has been fighting bravely and bitterly to maintain its sovereignty, its freedom and its democracy, for over three years. We salute its courage and its sacrifice, which has been immense in the face of the horrendous Russian aggression described by the Minister so eloquently. As I stated in your Lordships’ House last week, we on this side are fully committed to supporting the Government as they attempt now to forge a path towards peace.

This weekend reminded us of the influence of our nation. The welcome that President Zelensky received from His Majesty the King at Sandringham and the united front of European leaders convened by the Prime Minister demonstrated the best of British diplomacy. I congratulate the Prime Minister on his initiative and wish him well in his push for a coalition of the willing, led by the United Kingdom and France, to produce a plan to end the fighting in Ukraine. It is at times like this, when our country comes together in unity, that it makes us all in this House proud to be British.

I welcome the Prime Minister’s acknowledgement that we must not choose between either side of the Atlantic. The United States is our longest-standing and most important ally—as was said in the Statement—and that fact was reaffirmed by the Prime Minister’s visit to the White House last week. We are pleased that the Prime Minister and President Trump had such a successful and cordial meeting. This is important, and his continuing contacts with President Trump are equally important. I hope they will continue to demonstrate together the strength of the Anglo-American alliance.

The noble Baroness knows that we on these Benches support the uplift in defence spending announced last week and the difficult decisions associated with it. We welcome the further commitment to reach 3% in the next Parliament. As my right honourable friend the leader of the Opposition said in the other place, we will support the Government in taking tough decisions where they are in the national interest. That is why we support the difficult decision—and it was difficult—to make the cut in the foreign aid budget to help bolster the defence budget.

In my response to the Statement in your Lordships’ House last week, I asked the noble Baroness a question to which she did not then respond—I understand, having been there, the exigencies and difficulties of those circumstances. Can she confirm that, if the deal to surrender the Chagos Islands to Mauritius does indeed go ahead, no payments in connection with that deal will come out of the defence budget? The new money for defence will be beneficial only if every penny is invested in our Armed Forces. It would be an indefensible position for money to be cut from the aid budget and moved to the defence budget to then be simply funnelled into the deal and paid to Mauritius. Can I have her assurance that this will not happen in respect of the defence budget?

I join my right honourable friend the leader of the Opposition in welcoming the Prime Minister’s announcement of the use of the profits from frozen Russian assets to support Ukraine. Yesterday, my right honourable friend asked the Prime Minister whether His Majesty’s Government have any plans to use the frozen assets themselves. I am grateful for what the noble Baroness said to the House on this subject. Is she able to give the House any further outlook on how the frozen assets themselves will in future be used?

We awoke this morning to the news that the United States is pausing its military aid to Ukraine. Can the noble Baroness update the House on this? Has the Prime Minister had discussions, or will he be having discussions, with President Trump in the light of this announcement?

I reiterate the positive overall response that my right honourable friend the leader of the Opposition gave to the Prime Minister’s Statement in another place. I hope that the Prime Minister will continue channelling this constructive and inclusive spirit, and demonstrating the significance of British leadership on the world stage, as he navigates the long road to peace and faces what will be many difficult decisions ahead. He will have our full consideration and support.

Lord Newby Portrait Lord Newby (LD)
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My Lords, I too thank the noble Baroness for repeating the Statement. The adage that a week is a long time in politics has rarely been so graphically demonstrated than over the past seven days. In that time, we have seen the brutal treatment of the Ukrainian President by the President of the United States, the suspension of all US military support for Ukraine, and the beginnings of a co-ordinated European response to this new and dangerous situation.

In all of this, the Prime Minister has played a statesmanlike and positive role, and we commend him for it. No doubt we all found his presentation of the letter from the King to Trump cringeworthy, but there is no doubt that it helped to create a positive atmosphere for the talks which ensued. It was a small price to pay for a relatively positive outcome.

Nothing can excuse the new American position. It not only rips up the basis of our support for Ukraine but undermines Europe’s assumption that the US would in all circumstances be a strong and dependable ally. Today’s comments by JD Vance, which disrespect UK forces and their contribution alongside our American allies in Iraq and Afghanistan, are just the latest evidence of an arrogance and an ignorance that are chilling.

The response which the Prime Minister is adopting—to try to broker a re-engagement between the US and Ukraine while seeking to put together a coalition of the willing to defend Ukraine—is to be strongly welcomed. But I think it is a mistake to believe, as the Statement does, that under this presidency our relationship with America, at least in terms of security, can be strengthened to any significant extent.

Trump has made it clear that he does not accept a continuing responsibility for the security of Europe. We need to accept this and plan accordingly. This has major and unpalatable consequences in terms of military expenditure, but also provides opportunities for the UK to regain a leading position in Europe and for our defence industries.

In the short term, we welcome the loan to Ukraine backed by the interest from frozen Russian assets and the use of UK Export Finance to fund the purchase of missiles to be manufactured in Belfast. But these are relatively small interventions and much more is going to be needed.

One idea which is gaining traction is the establishment of an international rearmament bank, which would facilitate access to private sector capital for Ukraine’s ongoing struggles. Do the Government plan to pursue this?

Another proposal which we have discussed often in your Lordships’ House is for the seizure of Russian assets—the capital, not just the interest. In yesterday’s questions on the Statement, the Prime Minister said that this was being looked at but that it was very difficult. At the moment, this proposal seems to be being taken only half-seriously. I accept that legislation might be necessary to enable it to happen, but I am sure that Parliament would fast-track such a measure. Can the noble Baroness give us any indication of the timescale for further work on this proposal and whether the Government are prepared to legislate to implement it?

For the longer-term move to 3% of GDP for defence spending, we have suggested that the Government should initiate cross-party discussions to see whether a consensus can be reached on how this might be funded. Do the Government have any plans to do this?

Every passing day demonstrates that the UK and our European allies are going to have to accept a step-change increase in responsibilities for our own defence. The Prime Minister clearly accepts this also, and he has our firm support in moving to achieve it.

Lord True Portrait Lord True (Con)
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It was Labour.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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Well, let us agree to differ on that.

The Gordon Brown proposals are out there, and there are a range of other matters that we could begin to pull together very quickly; we do not need to start again. I find the reference to the Council of the Nations and Regions interesting. In two or three weeks I have a Question on how precisely the new Council of the Nations and Regions will fit in to our constitutional arrangements, because I am not at all sure that I or the Government yet understand how it will fit in.

We need to level up the way our politics are done. I have spent most of my political life in Yorkshire. We now have a situation in which Scotland, Wales and Northern Ireland have some voice in London, but the English regions and the English principal councils do not. I am not entirely sure that mayors elected on perhaps 29% or 30% of the vote on a 25% turnout will have that much legitimacy to represent their areas to the central Government. The question of how far the second Chamber should be constituted so as to strengthen the representation of areas outside London in the centralised governance of this country is very important, so we need to move on to that.

We shall say from these Benches to the Government Front Bench, several times, that before we clear this Bill we need some assurance as to where we go from here and when we might start to move from here. This is an interesting, slightly idiosyncratic set of proposals, but one could perhaps throw it into the mix.

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Moved by
9: Leave out Clause 1 and insert the following new Clause—
“Exclusion of remaining hereditary peers(1) Section 2 of the House of Lords Act 1999 (exception from section 1) is amended as follows.(2) For subsection (2) substitute—“(2) No more than 89 people at any one time shall be excepted from section 1.”(3) For subsection (4) substitute—“(4) Any vacancy resulting from the death, retirement, resignation or expulsion of an excepted person under subsection (2) after the day on which the House of Lords (Hereditary Peers) Act 2025 comes into force is not to be filled by further exception.””Member’s explanatory statement
The purpose of the amendment is to prevent any more hereditary peers coming to the House of Lords by virtue of the 1999 Act in future. However, it allows peers who are already serving the House to remain as members for life in the same way as is allowed to all other Lords Temporal.
Lord True Portrait Lord True (Con)
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My Lords, I must tell the noble Lord, Lord Cromwell, that in the last Recess I visited the tomb of Diaghilev on San Michele. As always, it was covered with ballet shoes. I wonder whether one was put there on behalf of the noble Lord’s great-great-grandmother. You never know.

I am sure not many people are here to listen to me, so I must make it clear that I have absolutely no intention of testing the opinion of the Committee on this or, in fact, any other amendment in my name, as I offer the amendments I put forward as a basis for open discussion and potential improvement of a Bill that will pass, as I said. As noble Lords will recognise, this amendment is based on ideas put forward by the noble Lord, Lord Grocott, which he used to love but which, we heard earlier, he now absolutely loathes and condemns, so he would never vote for my amendment.

However, the amendment has the same effect as the noble Lord’s Bill, ending the by-elections provided for under the House of Lords Act 1999, something I think we are all agreed on in light of the Government’s mandate. But it amends the present Bill to leave out what was added to the Grocott Bill—the wholesale expulsion of 88 or 89 fellow Members, one of whom is currently on leave of absence. It would also allow our existing valued colleagues who serve here—we have heard from all sides how much they are valued—the possibility to continue on the same basis as the rest of us came here and serve here: for life. I believe that to be fair, reasonable and in accordance with the practice of this House. That is what happened in 1922, when Irish Peers left the House, as we were told earlier.

In 2009, when the Supreme Court was set up and the Lords of Appeal in Ordinary were abolished by the Labour Government, existing Law Lords were allowed to stay. They were given, in effect, grandfather rights or acquired rights, and that is how the noble and learned Lords, Lord Woolf, Lord Mance and Lord Hoffmann, were and are sitting with us. It is how we benefited for so long from the truly memorable wisdom of noble and learned Lords like the late Lord Lloyd of Berwick and the recently lamented Lord Brown of Eaton-under-Heywood. It is how the noble and learned Baroness, Lady Hale of Richmond, and the noble and learned Lord, Lord Neuberger of Abbotsbury, sit here.

When the Law Lords were abolished for the future, 23 people—no more—were given these grandfather rights, retaining the acquired right to sit. Did that damage the House? Does that damage the House? I suggest the continued presence and use of that experience does precisely the opposite. Why should it be different with those friends we have among us as elected hereditary Peers? When I say friends, I mean friends on all sides, including in the party opposite. They are people we know, sit with, learn from and share service with every day. Why are they being given, in effect, summary dismissal under the Bill? That is what it is; that is what the Bill says.

In law, summary dismissal is acceptable only in cases of gross misconduct such as physical violence, racism, sexual harassment, theft, or deliberate disclosure of sensitive information. I am not sure that the noble Earls, Lord Minto, Lord Clancarty, Lord Kinnoull and Lord Howe, have ever been guilty of any of those. I am told there is another ground for summary dismissal, which may appeal more to some in government, and that is serious insubordination in the workplace. Perhaps some of my colleagues, seen from Labour headquarters, are guilty of that. Well, good for the independence of the House of Lords.

To be serious, in Amendment 1 I spoke about a four-part plan that I believe would be a good destination for this House, while giving the Government greater security regarding their legislative programme and what they wish for: ending any inflow into the House based on the hereditary principle. That is something Sir Keir Starmer can take to the party conference. Point one of my proposals was that we recognise the Government’s mandate to end this flow. This amendment does not challenge that.

Noble Lords may well know that soon after the election last summer—this was not popular with all my colleagues—I and the Convenor of the Cross Benches, the noble Earl, Lord Kinnoull, went to the noble Baroness the Leader of the House to suggest the suspension of by-elections as an earnest of good faith and recognition of the direction the Government wished to go. We recognised the Government’s mandate, even if we might regret it. It was also an earnest of our wish to work in a constructive way with the Leader of the House, whom we greatly respect, to find the best way forward for the whole House. That is still my wish.

I know the noble Baroness and her commitment to the whole House, which she has displayed over nine years as leader of her party here, Leader of the Opposition and now Leader of our House. I am sure that if the absolutists and absolute positions are kept in the wings, we can find a way forward, based on the trust I have in her good sense and pragmatism. But there has to be give and take. We accept the shutting of the door, but we cannot back a full-scale purge.

There is a stakeholder far larger than my party, or indeed the party opposite, and that is the House itself. The House may have a view on whether it wants to lose these colleagues. It is not in the interests of the House, either in practice or as a precedent, to have some of its most effective Members summarily excluded. I say again that what I fear in my heart is that what is done once will inevitably happen again when another party holds the reins. The Conservative Party has never yet excluded Members of other parties, and I hope it never will, but I can imagine others around who might not have the same scruples, and a precedent of damping summary exclusion might be in the interests of the House.

In my speech earlier, I suggested as a second point of agreement that there should be a stay on wholesale exclusion, but with, as my third point, some agreed approach to numbers. I add this also for reflection. In the purest practical terms, both presentationally and constitutionally, it is easier to keep existing Members but address numbers by retirement from the ranks and other measures, rather than throw everyone out and then have the Prime Minister bring significant numbers back by creating new life peerages in the most public of all forums. For years, the party opposite supported the Bill brought forward by the noble Lord, Lord Grocott, to end by-elections. That was never our policy, except in the context of a stage two Bill such as we brought forward in 2011-12. Even the coalition agreement of May 2010 saw the issue of existing Peers as something that must be respected. I look back to the coalition agreement, which said there would

“be a grandfathering system for current Peers”.

My amendment follows past precedents and has exactly the same effect as that of the Bill of the noble Lord, Lord Grocott. It ends new entry but keeps those now here, just as Labour did with the Law Lords. Why should the Government be against that now? When the ending of by-elections was discussed on 13 March 2020, the noble Baroness, Lady Hayter, who was in her place earlier but is no longer here, said:

“It would not affect any of our existing Members, whom we look forward to hearing from, I hope, for many, many years”.—[Official Report, 13/3/20; col. 1231.]


On 3 December 2021, the noble Baroness doubled down on that, saying:

“This modest measure would make change very gradually. We are not seeking to say farewell to any hereditary already here; indeed, we look forward to their contributions for many more years.”.—[Official Report, 3/12/21; col. 1569.]


Was that not a wise and humane position? For the Liberal Democrats, speaking to the same Bill, the noble Lord, Lord Rennard, said:

“No existing Member of the House—and I accept that we have some very excellent hereditary Members—should feel threatened”.—[Official Report, 3/12/21; col. 1567.]


What has changed? Why is the exclusion of these 88 people so essential? If it is about ideology, we can do little but oppose it, and there seem to be some who are of that mind whom I would wish to restrain. If it is about numbers, we should surely rule no options out, but sit down to discuss it, keeping in mind at all times the best interests of the whole House. If we want to get to a destination—and I think there is scope for agreement on a destination—we need to be open about the potential routes. Let us keep all options on the table if we really wish to enable a settlement.

On 7 September 2020, the noble Baroness the Leader of the House said:

“All Members of your Lordships’ House are welcomed. In fact, most of us really do not know who are the life Peers and who are the hereditary Peers”.—[Official Report, 7/9/20; col. 545.]


How sad it is that this Bill and this provision are driving a wedge. What the noble Baroness said then was the best of the noble Baroness—the best of our Leader. She is a Leader we all know and respect. How she said it then is as it should be, and how it should stay. We are all one, and stronger as one. I beg to move.

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Lord Grocott Portrait Lord Grocott (Lab)
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I had not realised we were quite as democratic as that. Obviously, I am sorry for people who enjoyed it here and are going. I dare say it will happen to me before too long. But, really, they cannot complain when they have had an innings of 40-odd years. It is a pretty good deal, especially when they come from a cohort of Peers who have come via the electoral process, of which much has been heard—occasionally with approval, I am amazed to say. People coming via that mechanism can have no complaints if their service comes to a conclusion. I think 40-odd years is a very good innings and there is no reason to weep and wail because it is coming to an end.

I will not go through the rigmarole of asking why on earth the noble Lord, Lord True, has had his change of mind. It is not entirely accurate to say that he was a slavish servant of the Government at the time because, when my Bill was first introduced, unless my memory serves me badly, he was not a member of the Government and, along with the noble Lords, Lord Strathclyde and Lord Trefgarne, and the noble Earl, Lord Caithness, was resolutely opposed to the Bill, just as they were to every attempt to reform this place over the period that they were in power. I am not going to speak any longer, for fear that I will get interrupted.

Lord True Portrait Lord True (Con)
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If the noble Lord will allow me, I was strongly in favour of the proposals put forward by the coalition Government and I look forward with interest to the debate launched by the noble Lord. That was my view.

Lord Grocott Portrait Lord Grocott (Lab)
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I am sure that the noble Lord, Lord True, is talking about the coalition period. He was in favour of the Bill then. I assume that is what he is arguing about, not my Bill. I am talking specifically about my Bill, which he previously opposed in a powerful way and has now tabled an amendment to implement. I have no intention whatever of voting for the amendment, he will not be surprised to hear. Those who have sat it out as hereditary Peers have had a very good, generous innings from a very small electorate. Hereditary Peers on the list who have said that they are available for election have something like a one in 200 chance of becoming a Member of the House of Lords, whereas members of the general public have a one in 75,000 chance of becoming a Member of Parliament—so it has been a pretty privileged group. Many have served well, but the end is nigh and I suppose we will continue to repeat these kinds of assurances.

I will make one more point and then I will sit down for the rest of the evening. We make much of these 92, including many capable people, leaving their position in the Lords. A mere eight months ago, some 220-odd people lost their seats in the Commons and, although most of them were Tories, I am prepared to admit that maybe some of them made a useful contribution while they were Members of Parliament—but you go; you are chucked out; that is what happens. And that is what is likely to happen as soon as this Bill becomes law.

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Lord Newby Portrait Lord Newby (LD)
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My Lords, when I spoke to Amendment 5, I dealt with a number of issues which I thought were common to that amendment and this amendment, and I will not repeat them.

I begin by saying how much I enjoyed the speech of the noble Lord, Lord True. For years, we have listened to him with great passion denouncing the noble Lord, Lord Grocott, and everything in his Bill. Tonight, with equal passion, we have heard him advocating it. It was truly a bravura performance.

I have two questions for the noble Lord and one for the Government. The first question is: could the noble Lord explain how he believes that, if we end by-elections, there will be another point at which groups in your Lordships’ House will be excluded en bloc? It is a rather chilling suggestion that this will happen. Is he suggesting that the Conservatives might do it, and who does he have in mind? I feel slightly worried as a Liberal Democrat; he has not always been my greatest supporter. Is he suggesting that the Labour Party will somehow cut a huge swathe at random through other parties? If not, just what does he have in mind? This is a legitimate process via a Bill, and it is very difficult for me to imagine the circumstances that he was putting forward. I am sorry if my understanding is lacking.

Secondly, I suggested when I spoke earlier that the logical way of dealing with Peers who are hereditary but who have an outstanding record of service is that they should return to your Lordships’ House as life Peers. I mentioned that this had happened in 1999 with people like my noble friend Lord Redesdale on my Benches, who came back as a life Peer. The noble Lord, Lord True, said that he rejected the idea of bringing people back as life Peers. That seems strange to me. If the Minister were to suggest to him, in the negotiations which everybody seems keen to have, that additional places might be brought forward for the Conservatives—

Lord True Portrait Lord True (Con)
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The time is late, and the noble Lord is going down a trail that does not exist. I did not say that I rejected that; I said that we should keep all routes to a destination open. What I did say is that, practically and constitutionally, it is easier to keep the people here who are here than to shove a whole lot out and then bring them back. It is a presentational issue and something we can discuss, but please do not impute to me that I have rejected that.

Lord Newby Portrait Lord Newby (LD)
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My Lords, I look forward to reading Hansard, because I wrote down the word “reject”. If the noble Lord did not use it, I apologise profusely, but that is what I heard.

My question for the Government relates to the Cross Benches. What I am suggesting might happen can easily happen in respect of my party and the Conservative Party. If a number of additional life peerages are made available, we can decide, as parties, how we want to allocate them, but this does not apply to the Cross Benches. If the Government said that they were going to give, say, 10 or 15 life peerages to the Cross Benches, they would have to decide who they are, would they not? Or are they going to suggest another process, by which the Cross-Benchers decide who they are?

I have sympathy with the noble Lord, Lord True, to the extent that we do need to tease out some of these next stages. This is one area where, during the passage of the Bill, it would be helpful if the Government could be a bit clearer about the mechanism they might adopt if we retain some of the most outstanding hereditary Peers who are Cross-Benchers.

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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The noble Baroness has made her point. There are times in life when you have to seize opportunities to make things happen and, sometimes, if you fail to take that opportunity, that time passes. The party opposite is suggesting this now only because an alternative proposal came forward. Had the noble Lord come forward before our manifesto, I would have bitten his hand off and gone with it. It is a shame that he did not.

Looking at other points that were made, the noble Earl, Lord Caithness, was someone who had lots of amendments, as I recall, to the Grocott Bill, although he did not speak to them. It is a shame. I actually stopped coming to the Chamber to listen to the debate because it was the same thing time and again—there were so many amendments. So, here we are now because 25 years ago, the principle was established that hereditary Peers would no longer have the right to sit and vote in the House of Lords. That is what has brought us to this point now.

To answer some of the questions, the noble Baroness, Lady Finn, talked about some of the characteristics of hereditary Peers and the work that they do. The same applies to life Peers, as I am sure she will readily admit. There has always been scrutiny in this House, not just from hereditary Peers but from across the House. This House has always discharged its duties and will continue to do so.

The noble Lord, Lord Newby, asked the noble Lord, Lord True, for his response, which he received. I have always said that there is no barrier to Members of your Lordships’ House who have hereditary peerages receiving life peerages. That does not have to wait until the end of the Bill. If peerages were offered tomorrow by the political parties, they could be made life Peers. It is different for the Cross Benches. I do not think it is for me or the Government, if there was to be a proposal for other Members of other parties, to say who they would be, but there is a way of working this out and I will discuss this with the relevant parties. I accept that the Cross Benches are in a different position and would need different arrangements as well.

The noble Lord, Lord True, talked about his four-stage plan, some of which I had heard before but some of which was new to me as well. He says that this is a way of offering greater security for the Government to get their business through. I am sure that with his normal courtesy it would not be, but I hope that is not a suggestion that, if we do not do this, we will not get our business through. I just want to confirm this. Because he is aware of the conventions of the House—and I hope I understand him correctly—I think he is looking to seek further protections in terms of ping-pong, but if he could confirm that to me at some point, that would be very helpful, because I am sure he does not mean it to sound in any way as a threat. I am sure that is not what he intended, but it did come out a little bit like that. I will read Hansard, or we can talk further on that to make sure we have got it absolutely clear.

I have to be honest with the noble Lord. I understand why he has put this through, but I wish he would have come to this conclusion earlier—I really would have welcomed it—and I ask at this stage that he withdraw his amendment.

Lord True Portrait Lord True (Con)
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My Lords, I am grateful to all those who have spoken, and of course to the noble Baroness the Leader of the House. We began today with what I thought was a generally very good-tempered debate, one where I felt on both sides that there was a willingness to seek a way forward. I am sorry that we have ended in a slightly scratchy way, which I do not think was characteristic of the day, and I would rather not dwell on the recent words. I will bring this proposition back to the House, subject to whatever discussions we may or may not have before Report, because I suspect that the House—which has a say in this matter, not just the two political parties—might well believe that this is not an unreasonable approach, tempered in the way that I described earlier by agreements on one of the strands of my proposals to address the question of numbers, including by retirements.

I prefer to dwell not on failure but on the future. All I know of the noble Baroness the Leader of the House is her care for this House and her concern for the future, and that is where I am coming from. I do not do threats, and I do not make threats, but anybody who has been present in the worst parts of the debate today can see that people are feeling that there are strong passions on both sides. We heard them from the noble Lord, Lord Grocott, and we heard them from others. Those of us in leadership positions in the House must find ways to calm that, to reach agreements and to find a way forward.

I hear again that it is not possible for the Government to consider this, and that the horse has gone, or the boat has left—or whatever it is. This last weekend, the Prime Minister made a great act of statesmanship and, frankly, political courage, in which he took the incredibly difficult decision to cut spending on aid to protect our country and secure it for the future. The Prime Minister adopted a powerfully held position in the interests of the whole. I hope that we will, in the next few days and weeks, not rule out any route towards finding a solution to this problem, and that includes, as I said in my earlier speech, aspects tempered by ameliorative action on numbers.

It was a very impressive debate. I asked at the start whether it was about numbers; we can deal with that. If it is about ideology or firm places, we will have problems—but they will not necessarily be with me. That is not a threat; it is true that people will oppose that position. I hope that we are better than that.

I very much appreciated my noble friend Lady Finn’s powerful appeal to reason.

I thought that the noble Lord, Lord Grocott, might come back after dinner in a slightly more generous vein than before, so perhaps I can recommend him a better accompaniment to his food. The argument of “When you go, you go” is his view. As was aptly pointed out, if you are an MP, you can come back; our colleagues who are being excluded have only an exit door.

My noble friend Lord Hamilton of Epsom rightly pointed out that there are many younger, active hereditary Peers who do a great service to this House.

The noble Lord, Lord Newby, asked me two questions. He asked whether the Conservative Party was planning some exclusion. The fact is that the noble Lord is voting for exclusion, so he should not be too surprised that some other party might look at another group. I said that the Conservative Party never had—and, I hope, never would—go down that route. However, there are other parties on the block—there are other kids on the block—so if we make it, “Yes, you can come in and you can take out a group”, you could, for example, introduce 15-year term limits, which is very popular in the House. You could get rid of anybody who served for more than 15 years. We heard the noble Lord, Lord Grocott, say earlier that lots of people have been around here a long time. What would be the effect of that on composition? I would go. I do not know who else would go, but someone might pick up that plan and, looking at what was done in 2025, say, “No transition, no grandfather rights at all”. I am just warning that it could happen, and it might not be a party represented in this House that would want to do it.

Finally, I must refer to the great speech of my noble friend Lord Shinkwin. The Committee was absolutely silent listening to what he said, informed by his extraordinary life experience and courage, and the wisdom that has come from that. Some of us will have heard his words in different ways but, having heard what my noble friend said, surely we must show openness and inclusion to all our Members. Let us not rule out anything, even tonight; let us come back and consider the best way of solving this conundrum. I beg leave to withdraw my amendment.

Amendment 9 withdrawn.
Moved by
1: Before Clause 1, insert the following new Clause—
“PurposeThe purpose of this Act is to end the connection between the possession of a hereditary peerage and obtaining membership of the House of Lords.”
Lord True Portrait Lord True (Con)
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My Lords, the effect of Amendment 1 is to underline the purpose of this Bill as ending entry here by the hereditary principle, but which does not endorse the wholesale removal of colleagues who are already here. There thus falls to me the lamentable duty to open Committee on this Bill, whose purpose is, as my amendment has just declared, to end the hereditary principle as a route of entry to Parliament. Some will find that regrettable; others will rejoice, rejoice. But most of us, however, will have feelings in which the elements are very mixed—where the wish the Bill might be stopped is checked by a proper understanding of the conventions; and, on the other hand, where partisan zeal is leavened with the personal respect owed to familiar and valued colleagues.

I submit that this great House draws its strength from that mixing of elements: from an ancestral, indeed very British, wisdom that does not view every question as black or white or insist that every victory must be total. That moderation is symbolised by the presence of those Cross Benchers, untainted by party. In what sense will culling and cutting those independent ranks ever benefit our House?

It is a paradox little understood outside that most of the myriad improvements we make to Bills are won not in the Division Lobby but through discussion and shared reflection. Our Chamber is unique in the world in conducting its business in order and courtesy without anyone to discipline us. That is possible only because we are a House of consensus, courtesy and compromise, of decency and humanity. I trust those qualities will inform us on this Bill in the weeks ahead, including in how we treat fellow Members.

We will hear that this is a simple Bill that brooks no amendment. Indeed, we are told no amendment will be allowed. Since when did this revising Chamber accept such an instruction from any Executive? It is in fact a Bill of the greatest constitutional significance. It says that a passing political Executive may scoop their hand into your Lordships’ House and chuck out any group of us that is not to the taste or political convenience of the Government of the day. I spoke of this at Second Reading as a very dangerous precedent, and I will address it again on Amendment 9. Once used, it will inevitably—inevitably—be copied.

The Bill is also of the greatest constitutional significance for what it does not say. It launches, without any checks on executive power or the number and nature of appointments, an all-appointed temporal House stocked at the direction of the Prime Minister of the day, of whatever party. Had that model for a legislature arrived in some capsule brought back from Mars by Elon Musk, we might well look askance at it.

The Government, in my submission, have a duty to set out in detail their plans for this all-appointed House. After all, in 1999, hundreds of hereditary Peers agreed to leave this place on the understanding, said then by Labour to be binding in honour, that 92 would remain until a final reform was agreed. Now it is said that that was some funny old deal of which we now know nothing, past its sell-by date, ready to be tossed aside like some embarrassing piece of mouldy cheese we find at the back of the fridge. It is even said that honour is some old-fashioned, even risible, concept of centuries past. I beg to differ, but I do recognise the raw realities of power. I see this new world around us where the strong may browbeat the weak, but that does not dispense with the constitutional duty of a Government to set out their plans and, as is normal in constitutional reform, seek some consensus across parties and beyond.

No such consensus has been sought. There have been no cross-party discussions, as led by Jack Straw in 2006 and 2007; no draft Bill, as in 2011; no Joint Committee of the Houses, as in 2002, 2003 or 2011; no royal commission, as under my noble friend Lord Wakeham in 1999; not even a White Paper, as in 2001, 2007, 2008 and 2011. At present, your Lordships have as clear a sense of what direction is planned for us beyond this Bill by Labour as Vikings on a longship becalmed in a mid-Atlantic fog without a lodestone.

That is no way to treat a House of Parliament. I ask the noble Baroness the Leader of the House, who always has the interests of this House at heart, whether she will share with us at some point during Committee—it need not be today—when we will see a White Paper on the Government’s future plans beyond this Bill. It should really come before Report. Your Lordships have a right in considering this Bill to ask how the all-appointed House will work and how it will be safeguarded. There have been many thoughtful amendments laid—and some I am perhaps not so fond of—but I look forward to all the discussions. Let no one say that they are filibustering or shenanigans. As I said at Second Reading, who will care for the future of this House if we do not?

Let me turn from what is left out of the Bill, which we must explore in Committee, to the narrow purpose within it, which is addressed in this amendment. Much has been said around this House about what I think and what my party thinks. Let me spell it out again. There are four elements of a sensible settlement that I believe could avert unnecessary conflict and damage to our House. The first is for all of us on this side to accept that the Government have a mandate to end the hereditary principle as a route of entry here. That is recognised in my amendment. This House should not block this Bill, though amend it it may.

The second is to address the danger of unilateral political expulsions of Members from this House by an Executive, with the attendant increase in power of prime ministerial patronage. When the Labour Government closed the gate to the Law Lords into 2009, they gave grandfather rights—acquired rights—to those already here, the same right that we all have: to stay for life. That showed due respect to those valued fellow Members and was of great benefit to the House. The Government say that is impossible in this case. It is not; it is perfectly possible. It is a political choice and a choice for this House, of whether to expel all existing Members of our House in scope of this Bill or treat them more generously. Were the Leader of the House to act generously, as I know is her normal instinct, and sign my Amendment 9 in its present form, or some mutually agreed modified form at a later stage, then all manner of resentment and difficulty would at once fall away.

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Lord True Portrait Lord True (Con)
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If I may: this is Committee. The noble Lord can come in. I am concluding my remarks, but I will answer him later. We have seen in recent days the nature of negotiation with a big stick. That is not the House of Lords way, nor is it the way in which the noble Baroness leads us. I urge her not to reject these proposals or any part of them when she responds, but to agree to take them away. Let the Government block entry of new hereditary Peers, as my amendment accepts and as the House should accept, but otherwise let us together pursue the path of peace with expedition, and with honour and justice. I beg to move.

Lord Howard of Lympne Portrait Lord Howard of Lympne (Con)
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My Lords, in considering the purposes of this Bill, it is necessary to remind ourselves of the circumstances in which our hereditary colleagues continue to sit in your Lordships’ House. They are here because of an agreement which was reached in 1999 that they would continue to sit in your Lordships’ House until stage 2 of the projected reform had taken place. The late Lord Irvine said that that agreement was binding in honour; he said it was a guarantee. He gave those undertakings as—

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Earl of Caithness Portrait The Earl of Caithness (Con)
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My Lords, the noble Lord, Lord Grocott, made reference to me. I want to put it on the record, because he has said it before, that the amount of time that I spoke during the debates on his Bill in 2018—a Bill which had six hours of debate—was under twice as long as the noble Lord, Lord Grocott, has spoken today. In those six hours of debate, I spoke for 16 minutes; that was all. It was not a prevarication at all.

Lord True Portrait Lord True (Con)
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My Lords, I think it is right for me to intervene. I say to the noble Lord, Lord Grocott, who asked me for an apology, that I make no apology for carrying out the policy of my Government when I was a Government Minister. The policy of the Government was that we should not remove the 92 until a stage 2 reform came forward. Our Government, in coalition, in 2011-12, brought forward a Bill which would have led to the removal of hereditary Peers from your Lordships’ House. As was said earlier by others, that was frustrated by a group of Conservative Back-Benchers and the Labour Party in the other place. So, the Conservative Party did address that question, and I say to the noble Lord that I will never apologise for carrying out the policy of my Government.

So far as the noble Lord’s other remarks are concerned, there is a difference between this Bill and his Bill. We have another amendment on this later, so I do not want to protract this discussion now, but the difference was that his Bill allowed for the continuation of valued Members of this House—indeed, it was commended by a number of people who spoke on his Bill for that reason—while this Bill provides for the total expulsion of Peers who are here under the 1999 Act. There is a profound difference between those two Bills.

In the proposals I put forward to the Leader of the House—I am grateful to her for the manner in which she responded, and I hope we can return to that conduct of affairs—I said that part of the discussions we have will have to address what will be, in this moment when partisan zeal runs fairly high, a wound to the House—many people on the other side may accept what I say. If some of the very skilled, experienced and long-serving hereditary Peers whom we have among us are excluded, that will be a wound to the House, and it is right that the House should address that and consider it collectively. The noble Earl, Lord Devon, draws his own conclusion, but it certainly goes beyond horse-trading between parties as regards what the future of Members of this House should be. It is perfectly legitimate in Committee for us to consider the implications of legislation for the future of the House.

I was grateful for what the noble Lord, Lord Newby, said. I do not agree with the noble Lord that consensus is impossible—indeed, the coalition agreement demonstrates that that is not the case—but I am grateful for his agreement with me that it is important. I think the noble Earl, Lord Kinnoull, and my noble friend Lord Forsyth and others said that it would be helpful as we go forward if we could have some understanding about the timing and nature of the Government’s proposals beyond the Bill, because they are material to the future of the House.

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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It may be pedantic to point out that it was rejected in the other place by 277. I never said that it was not in the ability of this House to send back an amendment if it chose to do so. I pointed out what happened in the House of Commons. The only Front-Bencher whom I have heard say that the House of Lords should not pass an amendment to a Bill from the House of Commons was the noble Lord during the Elections Bill.

Lord True Portrait Lord True (Con)
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If I may borrow a phrase from a more prominent person than I, did I really say that? The joys of social media and smartphones are very wonderful. I stand corrected by the noble Baroness, but the point remains that there resides great wisdom in this House and there remains the opportunity to reach an agreement which serves all parties and none, but the House collectively.

If such an approach were agreed, it would be easy for someone as formidable and dedicated as the Lord Privy Seal to persuade her colleagues in Cabinet that a generous and thoughtful approach, which offers advantage to all parties, should be followed. I sincerely hope that is what may happen in the days and weeks ahead. I beg leave to withdraw my amendment.

Amendment 1 withdrawn.
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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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I do not know. It has to be when the policy is determined but I would certainly have thought that the second part of it, around participation and retirement, is something that we can look at quickly. If the House came to an agreement, it could be done quickly as well.

I turn to the point made by the noble Lord, Lord Strathclyde, about the grouping of amendments, as the noble Lord, Lord Wallace, raised this. The normal process is that the Government suggest groupings, as we did. In this case, the Opposition said they had their own groupings. They cannot speak for anyone else around the House but had their own groupings. I think there were originally around 18 government groups. The Official Opposition did not accept that and wanted—I think, the latest is—about 46 groups of amendments. The Government have accepted that, because we accept it if Members wish to degroup and have more groups.

My point was—as I think the noble Lord, Lord Wallace, has understood correctly—that a number of themes run through this legislation and if it is possible to debate those in groups, it is easier. At the moment, we have six groups of amendments on the commencement of the Bill. If it is what the House wishes, I would not deny it the opportunity to have those debates, but that seems to be quite a lot. I think three of those groups are single amendments but if that is how the House wishes to debate it, it is open to the House to do so. The Government did not deny the Official Opposition the right to have as many groups they wanted. I have to admit to being a bit surprised at how many there were, given the themes that run through the Bill, but we will see if that was helpful or not going forward.

The noble Lord, Lord Cromwell, wants to lock me in a room with the noble Lord, Lord True—

Lord True Portrait Lord True (Con)
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That is not fair to the Leader.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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The noble Lord is resisting that temptation but I say to him, as I say to all noble Lords, that I have always been open to discussions. But I need assurances, so when we see degroupings, filibustering and threats on different things, that does not give the confidence that allows me to have those kinds of discussions. To have them, I need some confidence that the Opposition want to do this in a proper way.

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Lord Newby Portrait Lord Newby (LD)
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My Lords, I associate myself with the comments of both the noble Lord, Lord Brennan, and my noble friend Lord Thurso. There is not, and never has been, the sort of link between the hereditary Peers and the monarch that I suspect the noble Earl, Lord Devon, was suggesting. We have one period of worked examples of this, and I am afraid it was a little while ago. In 1649, when Charles I was condemned, he was condemned not just by Members of the House of Commons but by hereditary Members of the House of Lords.

A decade later, there was a House of Lords, but it was not called the House of Lords. It was called the Other Place—capital “O”, capital “P”—because the Parliamentarians, led by Oliver Cromwell, recognised the need for a revising chamber but did not like the concept of heredity. Therefore, Oliver Cromwell appointed a House of Lords. That House of Lords did not last very long, and the hereditary principle came back with Charles II. So it was not the case that a hereditary House of Lords meant that we were done with monarchy for ever. The two were just different things, and different considerations applied.

The lesson of Charles I—which is still relevant—is that, at the end of the day, Kings and Queens in this country rule by the consent of the people. If they go outwith the conventions, they will find themselves in difficulties again. With the current King and Prince of Wales, this seems an impossibly unlikely scenario, but it is still a theoretical possibility.

Lord True Portrait Lord True (Con)
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My Lords, I say to the noble Lord, Lord Newby, that I seem to remember that in the House of Lords which, to its shame, agreed to the execution of the King, there were only about six Peers who still sat, because of the exigencies of the Civil War and purges afterward, only two of whom, to their lasting shame, actually watched the execution of their King. A few days later, the House of Lords was abolished by the House of Commons as a “useless” place. The other irony was that, when Cromwell produced his own equivalent of the House of Lords, there were only about 30 people in it, of which a high percentage were relatives either of Cromwell or of his leading marshals. These things can take you down many funny roads. It was in fact the House of Lords that reassembled in 1660 that recalled the House of Commons into being—a very significant constitutional moment.

Before I go on, I will respond to the comments made about groupings. Of course we should proceed in an orderly fashion; the difficulty, as the noble Lord, Lord Moore of Etchingham, said, is that so much is left out of the Bill which is germane to the future that we have to discuss a range of subjects, and I defend our right to do so. I would not personally have put down this amendment on the Royal Family, but since it is down it is clearly a subject that has to be addressed and should be addressed separately.

The noble Baroness referred to a group of amendments on commencement, but the amendments are very different: one proposes a referendum, which I would not support; one wants to move the date earlier and get rid of hereditary Peers very swiftly; another is a delaying amendment; one calls for a review before the thing is taken forward; and another says that there should be no enactment until after stage 2 proposals have been produced. These may lock around commencement, because of the short nature of the Bill, but the idea of having a referendum on the removal of 90 hereditary Peers, is, frankly, with all due respect to my noble friend, nonsensical. To spend tens of millions of pounds on a referendum on whether hereditary Peers should leave the House of Lords is not a case I would argue on “Newsnight”, to put it that way.

These are very different subjects, so we should be careful not to run away. Peers have great freedom in this House to group and degroup. I accept that I asked for my first amendment to be stand-alone; that was because, as Leader of the Opposition and former Leader of the House, I wanted to say something that I hoped the Committee would listen to, heed and reflect upon, and I did not want that to be complicated with other discussions. I apologise if that tried the patience of the Committee, but I did ask for that amendment to be taken separately.

On the amendment, I appreciate the concerns raised by many noble Lords, starting with the noble Earl. I do not think his concerns needed to be laughed at—they are concerns that some people legitimately have. Equally, I totally agree with what the noble Lord, Lord Brennan, said. The great Labour Party has always been a patriotic party and the overwhelming number of members of the Labour Party, like the overwhelming number of members of my party, are strong supporters of the monarchy, although there are republican Conservatives and republican Labour Party members. The only thing I would wish to see happen, which I fear is not that likely—I hope it could still be accomplished, and I have great hope that we will be able to carry it forward—is that, in the years to come, the noble Lord, Lord Brennan, and the noble Earl are still here, arguing the case together, for the retention of the monarchy.

The last thing I would want is for the monarchy ever to be brought into the situation that your Lordships’ House is now in, where the hereditary principle is overtly rejected, but the reasons and reasoning, as the noble Lord, Lord Grocott, said, are very different. I do not intend to argue that the removal of hereditary Peers from your Lordships’ House would have that effect on the monarchy. With all due respect to my noble friend Lady Meyer, I understand absolutely what she said about the appalling consequences for the people of France and of Russia when they thought that removing the monarchy would lead somewhere, but we are not there. I do not believe that there is a connection between the hereditary principle in this place and the hereditary principle of the monarchy.

However, as the amendment of the noble Earl, Lord Devon, shows, debate around his concern about the decision to expel hereditary Peers from the House of Lords, and what that might say about the hereditary principle, is one of several things that will always prompt debate and reflection about the importance of inheritance in wider society.

The noble Lord, Lord Moore of Etchingham, said that every family is inheritance. The instinct that families should be able to pass on what they have to the next generation is deeply imbued in our society—it is one of its absolutes, the root and the bedrock. One has to look only at the sympathy of so many people for the plight of family farms and family businesses: many people are responding to that, not because of particular views about farmers but because they feel it is unfair that a family cannot pass on its farm to the next generation because of levies on inheritance.

Noble Lords may think that I never have any leisure time, but occasionally I watch that charming BBC programme, “The Repair Shop”. I do not know whether anybody ever looks at that, but you can imagine me sitting sometimes watching it over my Marmite sandwich. Week after week, that programme throws up example after moving example of the natural instinct of ordinary people to preserve what their forebears left them and pass that on to their children and grandchildren, often amid tears and the deepest emotions. The hereditary principle is one of the most basic and honourable instincts of mankind and we should cherish it.

This is the instinct that I recognise gives birth to the sense of duty and responsibility displayed by the noble Earl in his speech, as it does for members of the Royal Family. I think everyone in the Committee agrees with those who have spoken that it is vital that we keep our Head of State hereditary and outside politics. Our monarchy provides a sense of continuity and stability that is unparalleled in any other form of governance. The English monarchy has endured for well over 1,100 years, long before Parliament, and the Scottish monarchy for close to 1,200 years, weathering countless political storms and societal changes as it evolved into our constitutional monarchy. In times of upheaval, the monarchy is there as a stay—a constant, unchanging presence that transcends transient party politics.

Further, the hereditary nature of the monarchy insulates the Head of State from the partisan struggles of politics that characterise a democratic system. It allows our monarch to represent our whole nation, or set of nations, serving as a unifying figure and bridging the divides that often stress our society, and indeed our counsels in your Lordships’ House. It plays a crucial role in preserving our cultural heritage and national identity, steeped in tradition. We here play our own part in the pomp and ceremony around monarchy. The noble Baroness opposite and I have both held the Cap of Maintenance—which is heavier than you might think—at the State Opening. Through this sense of ceremony and by maintaining these traditions, the monarchy helps to preserve Britain’s unique character, ensuring that our cultural heritage is passed down the generations.

I can say to the noble Earl that we absolutely believe in a hereditary monarchy. I know that the noble Baroness, when she speaks, will say the same thing from the point of view of the Labour Party. It serves as a powerful symbol of continuity and resilience on the global stage.

I was amused when the noble Lord, Lord Moore of Etchingham, referred to the maiden speech of His Majesty the King, then the Prince of Wales. I cannot claim to have been here, but there was a kerfuffle about it at the time and a great deal of excitement. Over 50 years ago, he made a delightful maiden speech on the subject of recreation and the importance of sport. I point out to noble Lords that his maiden speech lasted about 14 minutes. Whether that would go down well these days, I do not know.

One thing that he referred to in making his maiden speech was an occasion nearly 150 years earlier, I think it was in 1829, when three Royal Dukes—Clarence, Sussex and Cumberland—who were brothers, had, as His Majesty then put it in his speech,

“got up one after the other and attacked each other so vehemently and used such bad language that the House was shocked into silence”.

You could never imagine such a thing happening these days.

Defence and Security

Lord True Excerpts
Wednesday 26th February 2025

(1 month ago)

Lords Chamber
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Lord True Portrait Lord True (Con)
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My Lords, I thank the noble Baroness for repeating this eloquent and important Statement. In the three years since Putin’s tanks rolled into Ukraine, imagining then an easy victory, his brutal war still grinds on, at an immense cost to the Russian people, let alone the brave people of Ukraine. In all this time, the House has been united in its support for those brave people, and that will not change. The Leader of the House was staunch in her support when I sat in her place, and I assure her that we on this side will not be lacking in our support for the Prime Minister when he does the right thing, as he has in this very welcome Statement.

It was the Conservative Government—yes, I will dare to speak his name—of Boris Johnson who led from the front, sending weapons before the invasion and helping to stop the first assaults while others then hesitated. Thereafter, under successive Governments, Conservative and Labour together, the United Kingdom has taken in many refugees, delivered immense military aid to Ukraine and sanctioned those who have aided Putin’s war machine. This House stands united and unfaltering beside the Ukrainian people today.

We also agree with the Prime Minister: in this troubled world, we must do more to ensure our own security. As my right honourable friend the leader of the Opposition set out yesterday, we must now accept reality. We must speak the truth. We must acknowledge that the world has changed. We must be ready to face the inescapable challenges that lie ahead.

The primary purpose of a nation is to protect and defend our borders, our values and our people. That is why we welcome the announcement that the defence budget will be increased. In the face of the assertiveness of Russia and China, we can no longer live off the post-Cold War inheritance of Thatcher and Reagan. We commend the Prime Minister on his decision to boost spending on our Armed Forces. We on this side see the necessity of some trade off of soft power for hard. Indeed, my right honourable friend Kemi Badenoch urged the financial measure, however difficult, that the Prime Minister has now adopted.

Although we believe the Government have made the right decision in relation to aid, the Statement raises some questions, which need clarification. The Statement says the increase will be funded by a reduction in aid spending from 0.5% of GDP to 0.3%. Based on figures in the Autumn Budget, that would free up some £5.3 billion towards the increase in defence. That is in line with the clarification by the Defence Secretary that the real increase, factoring in inflation, is closer to £6 billion. That is very welcome, but it is not the £13.4 billion claimed in the Statement. Can the noble Baroness explain the disparity in the two figures? The second point requiring clarification is how this money will be allocated. I do not expect the noble Baroness to be able to answer that now.

The Statement says the strategic defence review is well under way, but that a single national security strategy will be published before the NATO summit in June. Does that mean the previous commitment to publish a strategic defence review in the spring is now delayed? Will the review reflect on the significant implications of British troops being sent on wider deployments in Europe? A key aspect of defence is sending the right signals. Percentage points are not the heart of the matter, which is people and materiel. Urgent procurement decisions need to be taken. Can the noble Baroness assure the House that they are not being delayed?

Finally, the Government still seem to be committed to the extraordinary plan to surrender the Chagos Islands and pay £9 billion for the privilege. As a matter of fact, what is the figure? Presumably, when the Prime Minister sits down with President Trump and the President asks him, as he surely will, “So, Keir, what’s this deal costing?”, surely the Prime Minister cannot credibly say “I can’t tell you”. If the President can be told, then surely this Parliament can be told, so will the noble Baroness tell us? The Prime Minister was evasive earlier when asked whether any of the money the Government want to pay to Mauritius to lease back a base we presently own will come out of the defence budget. Will any of the costs be paid from the defence budget or not? No doubt the President will ask the Prime Minister. Can this House have the answer?

The Prime Minister is right: we face an ever more dangerous world. This is the fundament of the matter. He is right about the importance of NATO—something all the parties in this House have always cherished. Let no one doubt that Britain stands by our allies. As I said on a recent Statement, there can be no peace without Ukraine. The Prime Minister was also right when he said that any Government’s first duty is the defence of their country. We on this side will stand with the Government when they do the right thing, as they are now. We will always share with them putting the national interest first.

Lord Newby Portrait Lord Newby (LD)
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My Lords, we welcome this Statement. From the outset of the brutal Russian invasion of Ukraine, there has been a consensus across Parliament that we must support the Ukrainian people in their struggle against aggression. We do so not just because they deserve our support in their own right but because success for Putin in Ukraine would simply be a prelude to further Russian expansionism, whether in the Baltics, the Caucasus or elsewhere in eastern Europe.

Nothing which has happened in Ukraine over the past three years has caused us to question this approach—quite the opposite. What has changed is the posture of the United States. It is now clear that European nations cannot continue to rely on the US to support the defence of the continent in the same way as we did in the past. From day to day, it is impossible to know quite what the US President will say next, but in one respect President Trump has been consistent: he expects Europe to pay more for its own defence and he will make the continuation of the US’s military commitments in Europe contingent on this.

We and other European nations are going to have to spend more—considerably more—on defence, and to do so at a time when public sector finances are already under considerable strain. We therefore welcome the Government’s decision to move to a level of defence expenditure of 2.5% of GDP by 2027, and their further aim of getting to 3% in the next Parliament. We need to considerably increase our capabilities and replenish our equipment stocks. As a first priority, the Government should reverse the 10,000 reduction in the number of our troops, over which the previous Administration presided. It is now highly likely that we are going to have to provide boots on the ground in Ukraine; the Army is simply too small at present to be able to do this on anything like the scale required. We must also, however, achieve much greater value for money on equipment development and procurement than we have in the past. We therefore welcome the Government’s commitment to a new defence reform and efficiency plan.

We are, however, surprised and disappointed that the Government have decided that the entire funding of this additional expenditure should come from further cuts to development assistance. This seems to be a strategic error as it will simply reduce further our soft power, leaving space for Russia and China in particular to fill. Given that most aid is preventive of disease, climate change or conflict, it will exacerbate problems which will spill over to us. That is a false economy. Can the Government, at the very least, commit to protecting expenditure on Sudan—not just prioritising it, which is a rather weaselly phrase—given the extraordinarily severe humanitarian crisis now facing that country?

We have suggested funding the increase to 2.5% in a different way—by an increase in the digital services tax from 2% to 10%—but there are other ways of raising the necessary revenue, as we suggested in our general election manifesto, which could be deployed without raiding the aid budget. As for the 3%, we have already suggested that there should now be urgent all-party talks to explore how we can achieve that on a cross-party basis. Can the noble Baroness the Leader say whether the Government have any plans to adopt this approach?

Further to the Question earlier today in your Lordships’ House on the £20 billion of frozen Russian assets in western banks, there is agreement that those should be released to help Ukraine in its continuing military activities and to help rebuild the country once hostilities end. Frankly, nothing seems to be happening to achieve this. The Prime Minister could play a leadership role here by convening a European conference in London to agree on how this can best be achieved and by raising it tomorrow with President Trump. Do the Government have any plans to take such initiatives?

Faced with the changed US posture on European security, all European nations will have to play a greater part in the continent’s defence. This Statement demonstrates that the UK is willing to make that commitment, and we support that stance, but let us not do so by further decimating our aid budget and making some of the world’s poorest people pay.