House of Lords (Cessation of Membership) Bill [HL]

Debate between Lord Wills and Lord Steel of Aikwood

Friday 29th June 2012 Lords Chamber

[Lord Wills]

My Lords, the political classes are once again whipping themselves into a frenzy over the Government’s comprehensive reform Bill. As the comfortably familiar arguments from all sides roll out once again, the noble Lord, Lord Steel, continues on his quiet and indefatigable quest to reform your Lordships’ House piece by piece. Here is the latest instalment.

In my view this is a practical and sensible Bill. It makes provisions for membership of your Lordships’ House that are long overdue. The only conceivable reason for opposing it is that it will soon become unnecessary when the Government’s proposals for comprehensive reform for the House of Lords are passed into law. That might—I stress “might”—be a problem for the Bill. Why should precious legislative time be spent on a Bill that will soon become redundant?

The cynical may see this as an attempt to tackle an obvious problem with the way your Lordships’ House operates in order to weaken the case for more general reform. That might dispose those who favour making the House of Lords more accountable through the election of its Members—I am such a person—to oppose the Bill. However, that would be a mistake. The mishandling by the Government of their House of Lords Reform Bill has almost certainly doomed it. I regret that. I fear that the Government’s revised proposals—this is not the time to discuss them in detail—still fail adequately to address the Bill’s two fundamental flaws. One is a failure to provide an adequate mechanism governing the relationship between the two Houses of Parliament. The second is the length of term of the elected Members of the House, and the fact that they will not have to stand for re-election. I fear that the Government have botched the legislation so severely that it is too late for the Bill to make any serious progress in either House in this Parliament.

If this gloomy analysis is correct, it follows that the House must reform itself piecemeal—while at least some of us wait for a general election and perhaps another attempt at more comprehensive reform. This Bill contains some necessary reforms. Many noble Lords have long argued that there should be provision to retire. It is absurd that a Member of the House should be forced to remain a Member if they no longer wish to be one. It is a hangover from the days when membership was entirely hereditary, and it has no place in a modern Chamber. Nor can it be acceptable for anyone to enjoy the status and privileges of membership of the House when they cannot be bothered to turn up. Again, the Bill makes sensible, proportionate provision for that.

It is also clear that there must be an ability to expel Members of the House who have been convicted of a criminal offence. The current position, which is that no matter how grave their offence, a convicted criminal can remain a Member of the House, demeans Parliament. However, I should be grateful if the noble Lord would explain in a little more detail how he decided on his criteria for expulsion. I understand from the Library that they differ from those that apply in the other place. There it remains a matter of judgment for the House whether a conviction merits expulsion. In contrast, the Bill seeks to set down objective and immutable criteria. I understand the advantages of removing subjective judgments from the process. There is always a risk that Members of either House will be more sympathetic to those they know and may have been friendly with for many years than the cold facts of the case would merit and the public would consider fair. However, there is also a risk that rigid criteria might in certain circumstances lead to expulsion in cases where such a punishment may not be justified. I find it hard to imagine what those circumstances might be, but there must be at least a possibility that they could occur.

For example, let us consider the case of a Member of your Lordships’ House who takes part in a political demonstration for a cause in which they and many others passionately believe—not all passion is spent in your Lordships’ House, as we see in debates for example on this issue—and is found guilty of violent disorder. The offence often results in a sentence that would, under the terms of the Bill, lead to expulsion from the House. Such a sentence could be imposed for the offence of throwing a flimsy wooden placard in the direction of the police but not hitting anybody, in the heat of the moment. Would that really merit expulsion from the House when someone convicted in a magistrates’ court of head-butting a nurse while drunk in an accident and emergency department would receive a sentence that would allow him or her to remain a Member of the House?

[Lord Steel of Aikwood]

The answer to the noble Lord’s question lies in Clause 3(5), which states:

“The Lord Speaker shall not issue a certificate under subsection (2) in respect of a conviction … if the House of Lords resolves that subsection (1) should not apply to the conviction by means of special circumstances”.

[Lord Wills]

I am grateful to the noble Lord but, with respect, the “special circumstances” do not take us much further. I would be grateful if he would say why he has not allowed the latitude that the other place allows but has set down specific requirements—for which I well understand the need—while then allowing the get-out clause that refers to “special circumstances”. I would be grateful if he would spell out what special circumstances are in his mind. I have given an example from my point of view and would be grateful if at some point—not necessarily today—he would spell that out. With that proviso—