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

Debate between Viscount Trenchard and Baroness Smith of Basildon

Friday 23rd March 2018 Lords Chamber

[Viscount Trenchard]

That was indeed the point I wished to make, and which my noble friend has made more eloquently than I could. But the noble Lord—

[Baroness Smith of Basildon (Lab)]

If I may assist the Committee, the House cannot vote on a Motion that has been withdrawn; it can vote only on a Motion that is before the House. The noble Viscount may have some very wise, erudite and sensible comments that the Committee is longing to hear, but would they not be best made on an amendment before the Committee that has not been accepted by the mover?

[Viscount Trenchard]

I hear what the noble Baroness says. I noted that the noble Lord, Lord Grocott, accepted the amendment, but I was not aware whether other noble Lords had accepted it.

On the regret Motion, my noble friend Lord Trefgarne sought to withdraw it, but in spite of that it was voted on.

--- Later in debate ---

[Viscount Trenchard]

I thank the noble Lord for his advice. However, of the 17 minutes for which I have been on my feet, I have been interrupted for more than 50% of the time, although with your Lordships’ leave I would like quickly to move to complete my remarks.

It is very valuable that there is more than one route of entry to the House. I do not think that uniformity of mode of selection, whether by prime ministerial support or meeting the approval of an Appointments Commission, improves the House’s capacity to represent the community. In the Second Reading debate, the noble Lord, Lord Grocott, said:

“Tell us precisely why we continue to replace the 90 hereditary Peers”.—[Official Report, 8/9/17; col. 2153.]


The answer is simple. As my noble friend Lord Trefgarne and others have said, the 1999 agreement is binding in honour on those who gave their assent to it. The noble Lord, Lord Grocott, will say that that no longer applies 19 years on. I disagree. I believe it should still be honoured 100 or 200 years on. Of course, noble Lords have no idea what constitutional arrangements will be in force 100 years from now, but the 1999 agreement—

[Baroness Smith of Basildon]

I apologise for interrupting the noble Viscount, because we are enjoying his speech so much, but is he aware of the principle that one Parliament cannot bind another?

[Viscount Trenchard]

I am aware of that principle. Nevertheless, at the time, the noble and learned Lord, Lord Irvine of Lairg, gave a commitment binding in honour that this would remain in force until complete reform of the House of Lords was achieved, however long that takes. I think it was well understood that complete reform means the replacement of your Lordships’ House by a wholly or largely elected second Chamber, as envisaged by the Parliament Act 1911, which restricted the powers of your Lordships’ House until such time as it was replaced by a House selected by popular vote.

Lastly, it is a pity that the remit given to the noble Lord, Lord Burns, for his report excluded this question, because it is difficult to consider it in isolation. I agree with my noble friend Lord Trefgarne that a piecemeal approach to reform of your Lordships’ House is wrong and believe that the report of the noble Lord, Lord Burns, should have also considered the question of hereditary membership of the House.