House of Lords (Hereditary Peers) Bill

Viscount Thurso Excerpts

Report stage
Wednesday 2nd July 2025 Lords Chamber

[Viscount Thurso (LD)]

My Lords, I support my noble friends on the Front Bench in Amendment 5, to which I have added my name. I say in passing to the noble Lord, Lord Hannan, that the theory of good chaps in government was a wonderful theory of the noble Lord, Lord Hennessy, whom we do not see now as much as we used to, which depends on the fact that we all actually like to do the right thing. Unfortunately, as I think he said, we have discovered that we do not always do the right thing.

I support my noble friend on the Front Bench exactly because some check and balance on probity is required. The desire for probity in public life has been there as long as people have been in public life, but the desire to codify it began with the cash for questions scandal. It has grown over the years and today we have the Committee on Standards in Public Life and the Seven Principles of Public Life. If you stand for and are appointed to a public body, as I was in Scotland, you are required to indicate that you know what these are and agree to uphold them.

My noble friend’s amendment simply ensures that, where HOLAC has made a recommendation to the Prime Minister by informing him that it does not think someone has that required probity, the Prime Minister should not make the appointment. In this I rather disagree with the noble Lord, Lord Butler of Brockwell, although I have the greatest respect for him. Under his argument, if a Prime Minister decides that the ultimate rogue on the planet should get a life peerage, he should get it. I disagree fundamentally with that. There should be a check and balance.

I regard this amendment as a negative rather than an affirmative instrument. The other amendments are more affirmative instruments, which I disagree with. Under this amendment, the Prime Minister puts forward a name and HOLAC looks at it—I think, generally, we can accept that they are people of good will, as good as we get in terms of neutrality in this House—says whether there is a fairly major problem and advises the Prime Minister of it. The idea that HOLAC is overridden on the person it has considered—Lord knows what they might have done; they could have fiddled their taxes or done all sorts of things—and the Prime Minister goes ahead is wrong.

This happens already. The Honours Committee receives nominations and goes through the probity. If the person it looks at is not thought, for whatever reason, to be fit, the recommendation does not go forward. This is very much in that vein. I will happily support my noble friend in his amendment because it is a simple, small buttress for probity in public life.

[Lord Jackson of Peterborough (Con)]

My Lords, I oppose Amendments 5, 6 and 31. Noble Lords will probably realise that we are reprising the very excellent debate we had on 14 March about my noble friend Lord Norton of Louth’s Private Member’s Bill, which essentially sought to put HOLAC on a statutory footing.

This debate prompts us to address Tony Benn’s five questions about power, because this debate is about power and putting Members into the upper House of the UK legislature, and it is a very important issue. His five questions are: what power have you got? Where did you get it from? In whose interest do you exercise it? To whom are you accountable? How can we get rid of you? In some respects, these questions are unanswerable, because the effect of the amendments is to put HOLAC on a statutory footing. I believe that would embed semi-permanently an already closed and opaque system of appointment.