House of Lords (Hereditary Peers) Bill

Andrew Rosindell Excerpts

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Nick Thomas-Symonds]

How can Members of the Conservative party talk about stuffing the upper House with people after the events of the last 14 years? I thought irony had died. As for the right hon. Gentleman’s point about life peers, I have just said that having been a hereditary peer is no bar to becoming a Member of the Lords. That will be a matter for the new Leader of the Opposition, having looked at the contributions individuals have made. I have not denigrated the contributions of hereditary peers—far from it. I have thanked people for their public service in the upper House, but it is for the new Leader of the Opposition to decide whether to put forward former hereditary peers as life peers. There will be no objection from Labour Members.

I have covered why the removal of the hereditary peers from the other place is overdue. Let me turn to why it is essential. It is indefensible in this day and age for people to sit in our legislature as a result of an accident of birth. Prime Minister Harold Wilson, putting forward a programme for change in this House in October 1968, said:

“the Government believe that reform should achieve the following objectives: first, the hereditary basis for membership should be eliminated”.—[Official Report, 30 October 1968; Vol. 772, c. 34.]

All these years later, that first objective still needs to be fully achieved. It is time for the hereditary nature of the House of Lords to come to an end. The former Lord Speaker Lord Fowler put it eloquently:

“It is not a question of personalities; it is a question of whether appointment of the House based on heredity is the right solution for the 21st century, and I do not believe that it is.”—[Official Report, House of Lords, 23 July 2024; Vol. 839, c. 388.]

As I said in response to the right hon. Member for Herne Bay and Sandwich (Sir Roger Gale), the Bill is not an attack on individuals in the other place. As I have said twice already, we recognise individual contributions. We are saying that we should reflect on the millions of people who were unable to make the same contribution as a result of the family they were born into. The time has come for change. If we are to maintain trust in our democratic institutions, it is important that our second Chamber reflects modern Britain. I hope Members will vote for the Bill this evening, and agree with me that it is indefensible, in this day and age, that over a 10th of our second Chamber is essentially reserved for certain individuals due to an accident of birth.

[Andrew Rosindell (Romford) (Con)]

I am deeply worried about the Minister’s arguments. If he talks in that way about accidents of birth, how can he possibly defend constitutional monarchy? If he questions the hereditary principle in this place, how can he defend the idea of a hereditary monarchy?

[Nick Thomas-Symonds]

If the hon. Gentleman had been here at the start at the debate, he would have heard exactly the same point made to me in the first intervention. I will repeat the two points I made in response. First, that is a completely different part of our constitution, and no monarch has withheld Royal Assent from a Bill since the reign of Queen Anne. Secondly, we have a constitutional monarchy that enjoys popular support. I gave the same answer to the right hon. Member for South Holland and The Deepings (Sir John Hayes) at the start of the debate.

Let me summarise this short five-clause Bill. Clause 1 removes the remaining hereditary peers from the House of Lords and puts an end to the right of hereditary peers to sit and vote in that House. Clause 2 removes the current role of the House of Lords in considering peerage claims, reflecting the removal of the link between hereditary peerage and the House of Lords. Complex or disputed claims will now be referred to the Judicial Committee of the Privy Council, under section 4 of the Judicial Committee Act 1833, instead of the House of Lords. Clause 3 makes consequential amendments, and clause 4 sets out the territorial extent of the Bill and when it will commence. The Bill will remove the remaining hereditary peers at the end of the parliamentary Session in which it receives Royal Assent. Finally, clause 5 establishes the short title of the Bill.

To conclude, the Bill fulfils an explicit manifesto commitment to deliver this reform to the House of Lords.

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[Sir Oliver Dowden]

I very much hope that the hon. Gentleman grows into a sturdy oak, like all the great oaks on the Benches behind me. There is a path to be followed to achieve that. Many people may well enter the House with pre-existing views, and that is of course the basis on which many of them were elected, but my argument is that we should consider the consequences of one change in relation to hereditaries for the wider composition of the House of Lords and the constitution.

[Andrew Rosindell]

My right hon. Friend rightly talks about the consequences of the changes. Has he also considered the effect of the removal of the Earl Marshal and the Lord Great Chamberlain of England, which were protected in the 1999 legislation introduced by the then Labour Government? Will my right hon. Friend commit to supporting their retention in the House of Lords on a constitutional basis?

[Sir Oliver Dowden]

That is a very important point. I believe that the Government have plans to address that in the legislation. Having those people, with their experience of organising coronations—as I saw during the coronation two years ago—is another part of how our constitution works. All of the elements work together, and if we pick away at one, there are unintended consequences.

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[Gareth Snell]

I am not sure that any Labour Member needs to quantify Conservative Members’ embarrassment; they do it for themselves.

The hon. Gentlemen seem to be confused about whether they want more or less reform. I think we know that the answer is that they do not want any reform, but they create a smokescreen of wanting to act faster and with more zeal than Labour Members simply because they wish to ruin the Bill. They want to press amendments that are not relevant and not in the Bill’s scope. They want to make arguments about retirement ages. When the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) argued that there should be a retirement age of 80, I am sure that he had not spoken to his right hon. Friend the Member for Herne Bay and Sandwich (Sir Roger Gale), who is 81, although, to look at him, one would not think he was a day over 60.

[Andrew Rosindell]

I am puzzled. It is clear that the hon. Gentleman does not like the current system, but he does not explain how our legislation would be better for removing those people who have so much wisdom, experience and knowledge. How will our country’s legislation benefit from the change?

[Gareth Snell]

The hon. Gentleman will forgive me for not agreeing with him. There is a lot of wisdom and experience in this place that can be used to improve our legislation. Even with the removal of the 92 hereditary peers, there will still be 650 peers, who have incredible insights and specialisms. The Bill removes a group of people whose only entitlement to be in the House of Lords comes from, as the Liberal Democrat spokesperson said, a birthright many hundreds of years old, and from being selected by their friends to sit with them. The hon. Member for Romford (Andrew Rosindell) may not agree with me, but as my hon. Friend the Member for Telford pointed out, the election process in the other place is a farce. There are often more candidates than electors. It is almost akin to the Tory party leadership election.

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[Gareth Snell]

rose—

[Andrew Rosindell]

rose—

[Mr Holden]

I will make a touch more progress before I take another intervention from the hon. Member for Stoke-on-Trent Central (Gareth Snell), but I am happy to give way to my hon. Friend.

[Andrew Rosindell]

My right hon. Friend is making some extremely valid points. I agree with him that if there is going to be change, it should be done altogether, but I am slightly concerned by the radicalism of this measure. I did not find that anybody on the doorsteps in Romford actually wanted to make this such a big issue and radically change our constitution. Did he find that in Billericay?

[Mr Holden]

I certainly did not find it in Basildon and Billericay—or in Romford when I visited it with my hon. Friend, or, indeed, in other seats across the country—and I think that our constituents will be slightly baffled. When it comes to a big piece of constitutional reform, why should this Government want to come forward with, potentially, a multiplicity of different Bills throughout the current Parliament, rather than putting something to the public to have a look at now, and then having a look at it right at the end? What constituents have been mentioning in recent weeks and months is their concern about the winter fuel payments or about what might be in the Government’s new Budget, particularly the jobs tax, which they fear will hit jobs throughout the country.

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[Andrew Rosindell (Romford) (Con)]

Looking at the other side of the Chamber, I see the coat of arms of our late, dear friend Sir David Amess, who was murdered exactly three years ago today. He was a staunch defender of our traditions, our conventions and our British constitution. If he were here, I have no doubt he would argue to protect the institution of the House of Lords. I will be doing the same, and I am proud to do so.

The English constitution is not something that can be drafted today by a 21st century-style committee of experts. If we were to establish such a body, its product would be alien to us and offer far less respect and admiration than what we have today. Indeed, our English constitution—[Interruption.] Our British constitution is our birthright and the envy of the world. It is like a fine, intricate oil painting, with brush strokes meticulously painted by generation upon generation over a millennium. Our constitution depicts a priceless image of the values, the character and the way of life of the British people. I believe we must cherish and defend it, not discard it so easily without careful thought and attention to what we are doing.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

The hon. Gentleman talks movingly, comparing our evolving and changing constitution to art, but are the measures set out in the Bill not just the latest in the evolution of that changing constitution, which will make it ever better?

[Andrew Rosindell]

If we are to change our constitution so radically—I believe the Bill creates a radical change—then that should be done with thought, care and attention, as well as consultation and careful consideration. As I pointed out to my right hon. Friend the Member for Basildon and Billericay (Mr Holden) earlier, I do not think this is an issue on the doorstep anywhere. During the general election campaign, I do not think anyone raised the issue as a serious matter they wanted us to deal with. There are so many other issues, yet we are rushing to make a major constitutional change without giving it due consideration.

We share a deep intergenerational responsibility in this House that rests heaviest on the Government of the day. We are the custodians of our nation and all that belongs to it, and not its master. We have a responsibility to preserve our nation and its constitution—an obligation between those who have passed on, those who are living and those who are yet to be born. That is the importance of the hereditary principle, something that Members on the Government Benches, and indeed some on the Conservative Benches, fail to appreciate.

Tony Blair’s new Labour Government took a three-inch-wide paintbrush to remake this great work of art of generations in their own image. They started a programme of thoughtless destruction, from the removal of the law Lords from the other place, with the creation of the Supreme Court, a notion alien to our constitutional heritage, to the culling of independently minded—I say those words clearly, Madam Deputy Speaker—hereditary peers and the appointment of partisan placemen.

It is no good for our constitution and it adds nothing to the work of our Parliament. It now appears that today’s Labour Government have recklessly come to finish the hatchet job on an ill-thought-out constitutional revolution in the name of so-called modernisation.

[Gareth Snell]

The hon. Gentleman just made the point that the hereditary peers are a bastion of independence, and the hon. Member for North West Norfolk (James Wild) said that many of the Conservative peers are long-serving Members of his party’s Front Bench team. How can those two things be reconciled?

[Andrew Rosindell]

I have worked with Members of the House of Lords over many of my 23 years in Parliament. They are not seeking re-election, preferment or title. They are here to serve our country and to assist this place in making better laws. All the hereditary peers and life peers—from all parties—with whom I have had the privilege to work have always been there to serve. To discard that so easily without serious long-term consideration to the effects of doing this is reckless.

Our constitution is the most vital part of our shared British heritage, and the hereditary peers are an integral part of that, which cannot be replicated by modern means. Yet the argument in defence of hereditary peers cannot be based solely on history, however important that may be. From the Duke of Wellington, who has been mentioned, and the Duke of Norfolk, to the Earl Attlee, the Lord Northbrook, the Viscount Craigavon, who was also mentioned, and the Lord Bethell of Romford, the hereditary peers bring a wealth of intergenerational experience and knowledge to our Parliament. They have an inherited obligation and a duty to serve. They are also invaluable to our parliamentary democracy, holding the Government to account, scrutinising legislation and raising often forgotten issues of national importance. Many hereditary peers are shining examples of exemplary parliamentarians.

[Shaun Davies]

If I follow the hon. Member’s argument correctly, is he saying that he would he be in favour of reversing the compromise of 1999 and going back to having more hereditary peers in the House of Lords?

[Andrew Rosindell]

I do not object to the hereditary principle. I believe that hereditary peers play a vital part in the overall mix of the British Parliament. Indeed, the hereditary principle is enshrined in our constitution via the monarchy itself. In fact, our Parliament is made up of the Crown, the House of Lords and the House of Commons. Those who argue to discard the hereditary principle should beware that the Crown itself is in peril if we continue to go down this road—[Interruption.] If I may continue, Madam Deputy Speaker, the removal of hereditary peers would be a grave loss to our Parliament and our country. It would be a purge of many substantial, independent voices that are immune to political patronage and work solely in the public interest for King and country. They do not seek to be popular or to win re-election; they exist to serve our nation.

It has been said that a fence should not be removed before we know why it was put up in the first place. Labour would have done well to heed this lesson from its last period of governance. Rushing to change our tried and tested system without considering the full consequences of its actions would be to commit an act of constitutional vandalism.

Why are the Government embarking on this action? What in God’s name motivates them? Is it simply to eradicate dissent in the other place? If so, this can be described only as self-serving political radicalism. Not content with a simple majority of 157 in the House of Commons—although I think that figure has gone down now as the number of independents has risen—this Government seemingly aim to eradicate dissent in the upper House through this damaging legislation.

The Bill entails the removal of Conservatives, Cross Benchers, Liberal Democrats and non-affiliated peers—but only a small number of Labour peers—who often provide the most substantial dissent to and constructive criticism of the Government’s legislative proposals. Worse still, I fear that the removal of the 92 hereditary peers is only the beginning. The next step would be the introduction of an age cap for membership, provoking an even more numerically significant second cull of dissent, enabling Labour to pack the other place with political appointments and abolishing any form of effective Opposition in the upper House.

[Sam Rushworth (Bishop Auckland) (Lab)]

The hon. Gentleman seems to be operating on the premise that all hereditary peers are Conservatives. Why does he think that people with entrenched privilege are naturally Conservative?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Interventions are made by colleagues who have been contributing and spending time in the Chamber and not just wandering in; the hon. Member got very lucky just then. Mr Rosindell, please go ahead.

[Andrew Rosindell]

I say to the hon. Gentleman that it is quite the opposite. There are many Members of the House of Lords—life peers and hereditary peers—who take the Conservative Whip but who frankly act like independents, doing what they believe is in the interests of our country. That can be said for many on the Labour side as well. He will find that there are many more rebellions and people voting in different ways in Parliament in the Lords than in the Commons, because they are there to serve and they do not face re-election. For that reason, they are not subject to the usual pressures —lobbying, the Whips and all the rest of it—that we are all subject to, and that is why having that element is so important and is part of the mix that makes up the success of our Parliament.

[Gareth Snell]

Will the hon. Member give way?

[Andrew Rosindell]

I will—one last time.

[Gareth Snell]

I thank the hon. Gentleman for giving in to my indulgences. This is an argument that could quite easily have been made during the passage of the original 1999 legislation: that the expulsion of the hereditaries would lead to a complete collapse of our scrutiny processes. Is he suggesting—I do not believe he is—that since ’99 and the removal of the other hereditaries, the House of Lords has not been fulfilling its function properly? That is certainly not how I would see the current House of Lords. If he does not believe that, surely removing the existing 92 will not have an impact on the scrutiny that he and I think is so important.

[Andrew Rosindell]

We cannot turn the clock back, but very many good people were ejected in that first legislation under the Blair Government. The compromise was to keep the 92 there. I think that is a good compromise and I do not really understand the rush for change; we should keep things as they are.

It is patently obvious that the Bill is a precursor for a wider and scandalous programme to weaken Parliament’s ability to hold the Executive to account and ride roughshod over our tried and tested constitution. Not only does the Bill open a slippery slope towards dissent-quelling, but it is an attack on the merits of the hereditary principle, which logically and inevitably leads to a fundamental undermining of the primary constitutional role of the monarchy itself. Maybe there are some Members on the Labour Benches who would like a republic, but I think the vast majority of British people would not want that, so to discard the hereditary principle is a very dangerous road to go down.

I urge the House to consider with the utmost seriousness the weight of intergenerational custodianship upon our shoulders when we vote on matters such as this, which are of grave constitutional significance. The removal of hereditary peers from the House of Lords would eradicate from the proceedings of Parliament some of the wisest and most dutiful servants of this great democratic institution. I believe the House should oppose this act of constitutional vandalism and continue to uphold the good and great conventions and traditions that have provided our cherished island nation with stability, continuity and wisdom for so many generations.

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[Ellie Reeves]

That was four Governments ago. It failed due to the timetabling motion and the fact that the Conservatives could not get agreement even within their own party.

There have been, and are, hereditary peers who have made real and lasting contributions to public life. However, this is a matter of principle. It is not right that anyone should be able to take up a seat in our legislature and vote on our laws purely by virtue of the family that they were born into. Instead, this Government are committed to a smaller second Chamber that better reflects the country it serves. This Bill brings us a step closer to achieving that aim.

[Andrew Rosindell]

The hon. Lady talks about the family that hereditary peers happen to have been born into, and says that therefore it is wrong that they should have any influence over legislation. Is she therefore questioning the principle of Royal Assent?

[Ellie Reeves]

Absolutely not. I listened to the hon. Member’s contribution; the royal family and the monarchy are one of our country’s greatest assets. The contribution of the King and the working members of the royal family to public life in the UK is incredibly significant. The Government have enormous respect for the unique role that the royal family play in our nation. This reform does not affect the role of the sovereign. Ours is a model of constitutional monarchy that continues to be practised worldwide. By contrast, the UK is only one of two Parliaments in the world that retains a hereditary element. To seek to make any comparison between the two is not credible. The sovereign is our Head of State and provides stability, continuity and a national focus. Nothing in the Bill changes that.

Let me turn to the reasoned amendment tabled by the official Opposition. The Government have introduced the Bill to end the outdated and indefensible right of hereditary peers to sit and vote in the House of Lords. I am sure that the House will agree that it is important for Parliament to give proper consideration to the Bill, which reflects a Government manifesto commitment, rather than to dismiss it out of hand. Although the Government are grateful for the contributions that hereditary peers and their predecessors have made to the other place, it simply cannot be right that the second Chamber retains a hereditary element in the 21st century.

Let us be clear. Those on the Opposition Benches talked today about consultation and engagement. First, I will not take any lectures on consultation from the Conservative party, which rammed through a Budget without engagement with the Office for Budget Responsibility and proceeded to crash the economy that has left people in my constituency and across the country still paying the price in their mortgages and rents.

On the substance of the Bill, the right hon. Member for Hertsmere (Sir Oliver Dowden) could not even be clear, when asked, whether he is in favour of the principle of removing hereditary peers from the second Chamber. From the sometimes quite lively contributions from the Opposition Benches, one thing is clear: there is a wide range of views that are not always consistent with one another. The new-found, if at times slightly confused, zeal for the job of reform of the second Chamber is noted, yet Opposition Members had more than 14 years to bring about reform and never did so. Those on the Labour Benches laid out our commitments for reform in our manifesto, which was scrutinised by the public and then overwhelmingly voted for.