House of Lords (Hereditary Peers) Bill

Debate between Viscount Hailsham and Lord Garnier

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Garnier (Con)]

My Lords, I am very attracted to what the noble Lord, Lord Anderson, has just said. I find what my noble friend Lord Banner had to say extremely attractive, and I hope that the Government will find it their—

[Viscount Hailsham (Con)]

Wisdom?

[Lord Garnier (Con)]

Yes, wisdom—I was clutching for the word. I hope they will find it in their wisdom to reach a conclusion similar to that advanced by my noble friend.

Quickly, while the noble Lord, Lord Grocott, is still in the Chamber—

--- Later in debate ---

[Lord Garnier (Con)]

He is never far absent from it. This series of amendments does not appeal to the noble Lord because it does not deal with the hereditary peerage, but of course, right in front of us—of me—is my noble friend Lord Hailsham, the third Viscount, whose grandfather and father were both Lords Chancellor and therefore senior members of the judiciary in their day. He demonstrates the agility of the British constitution, in that, although a hereditary Peer, he sits here as a life Peer.

[Viscount Hailsham (Con)]

I cannot be culled.

[Lord Garnier (Con)]

Exactly; and we are all the better off for that. However, I think it very important to recognise that, although our constitution is odd, strange and, in many ways, not very neat, it does function all the better by having people from a variety of backgrounds in this place.

The fact that we do not any more regularly have the presence of what used to be called Law Lords, and now are justices of the Supreme Court, is a disbenefit to us. Also, I suspect that there was a time when the Law Lords gained advantage by, if not speaking and voting in the Chamber, at least being here and listening to or discerning the political mood of the moment. This is particularly so when they are dealing with cases involving public policy. I suspect that we have missed a trick by informing the Supreme Court and our being informed by it in our respective deliberations.