House of Lords Reform Debate

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Department: Cabinet Office
Tuesday 10th January 2023

(1 year, 11 months ago)

Westminster Hall
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Anthony Mangnall Portrait Anthony Mangnall (Totnes) (Con)
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It is a pleasure to serve under your chairmanship, Sir Gary. I come to this debate somewhat prepared and somewhat remembering my A-level classes, where we had to debate the idea of House of Lords reform. As I stand here now, a few years on from my A-levels, and think about the merits of the House of Lords, I fear that the wolves are circling.

When SNP Members turn up to a Westminster Hall debate and promise to improve the constitution of the United Kingdom, I feel they are somewhat acting like pandas: they want to eat, shoot and leave our constitution. I worry about that and about the damage the proposals from the hon. Member for Glasgow North (Patrick Grady) might cause. In his typically erudite way, he came up with a whole host of reasons for some of the mistakes and problems that can be seen in the House of Lords. Of course, we can see mistakes and problems in the House of Commons, and we should not be outright opposed to some reforms or changes. However, what the hon. Gentleman typically forgot to do was to talk about some of the positive aspects of the House of Lords and the important work it does, or about many of the occasions on which the SNP has been led to support the House of Lords when it has checked the Government on important pieces of legislation.

I will start with a few points of rebuttal, since I do believe this is like an A-level debate.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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As the hon. Gentleman knows, supporting something and agreeing with a decision are two very different things. Just because, on occasion—particularly during Brexit—the SNP has agreed with decisions that the House of Lords has made, that does not mean that we support it or have ever said that we support it.

Anthony Mangnall Portrait Anthony Mangnall
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I was not suggesting for a second that the SNP had done so. I was more making the point that, although I hope Scotland always remains part of the Union of the United Kingdom, if the SNP wants to not be part of it, perhaps it should not be making comments on this topic.

The hon. Member for Glasgow North made a point about opulence and tradition—that he was not so in favour of it and that he is lost for words when he stands in the House of Lords. I, too, am lost for words when I stand in the House of Lords—because of the sheer magnificence, the history and the tradition. No nation was ever weakened by a love of tradition; in fact, a nation can be strengthened and improved by it. We can use tradition to our advantage.

When we talk about that tradition and that opulence, we can also talk about the important pieces of legislation that start in the House of Lords and make huge differences to people across the land, not because those in the Lords have necessarily been elected by the people, but because they bring with them a specific understanding and knowledge of sectors that would never normally put individuals into the public eye to make pieces of legislation.

Margaret Ferrier Portrait Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
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An interesting consideration about an elected second Chamber is how it would retain its huge expertise across so many industries, which is very important to legislative scrutiny. Does the hon. Member have any thoughts on how that could be done effectively?

Anthony Mangnall Portrait Anthony Mangnall
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I worry about that, because one thing we may find common cause and agreement on is that being in public life is becoming increasingly hard for us all—both Members of Parliament and Members of the House of Lords. It is difficult, and it is unfortunate that we are so often in the glare of the public eye, with all of the trials and tribulations that come with that. I would not want to see the House of Lords elected, because I do not think we would achieve that aim of encouraging specialists to be part of it. I will develop those points later in my remarks.

David Linden Portrait David Linden
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I have to say that Baron Mangnall has a ring to it that we could all get behind. The hon. Member spoke about some of the wonderful specialists in the House of Lords. Could he develop his point a little more by talking about the specialisms of, say, Baroness Michelle Mone?

Anthony Mangnall Portrait Anthony Mangnall
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If I may, the hon. Member’s colleague, the hon. Member for Glasgow North, started off by saying that he was not going to be specific about individuals, and I do not think it is right that we are specific about individuals. However, if there is an individual who has done extremely well in business as a woman in the 21st century, I think it is important to note that. But I might also point out that the House of Lords has been a welcoming home to refugees, in the form of Baroness Helic, who fled the war in Bosnia. It also has extraordinary scientists, such as Lord Winston. These extraordinary people make an extraordinary contribution, and they are not the minority—they are the majority.

In his opening remarks, the hon. Member for Glasgow North pointed out only a few small issues, rather than the vast majority of positive things that go on throughout the House of Lords. He made the point about cronies in the Lords; the House of Lords is still conditioned to the standards that Parliament sets, and it is still compliant with the rules that we too must follow. It is important to remember that it is not some lawless upper Chamber in which people can do what they want. It is set to the same procedures and scrutiny that we must follow. I do not think we should put that aside.

I have a few points to make. First, the House of Lords serves as an important check and balance. I notice that not a single SNP Member was at yesterday’s debate on the Procurement Bill, apart from the hon. Member for Aberdeen North (Kirsty Blackman), who was on the Front Bench. Dry, difficult and sometimes dull as procurement might be, it is a perfect example of how a Bill can be introduced in the House of Lords, shaped by fantastic expertise from across the Chamber and then brought to the House of Commons, where it passes its Second Reading, not with great confrontation and difficulty, but with acceptance that it is a good piece of legislation that will make a huge difference.

Kirsty Blackman Portrait Kirsty Blackman
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I would be interested to know whether the hon. Member thinks that the Government will undo some of the amendments the Lords put in and that the Bill will end up looking more like it did when the Government introduced it—rather than retaining what those experts in the House of Lords did to it?

Anthony Mangnall Portrait Anthony Mangnall
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It is perfectly acceptable to say that there will be scrutiny and change, as there always is, but that is not to say that the job has not been well done by Members of the House of Lords. [Interruption.] The hon. Member for Aberdeen North may laugh about that, but that is exactly the point of the process. We want to be able to make use of that expertise in the House of Commons, and we want our legislative agenda to be scrutinised in the House of Lords. That is the way the system works.

Those important checks and balances have meant that pieces of legislation that have been passed on the fly—I have felt that, in some cases, they have perhaps been passed too quickly—have been checked and sent back by the House of Lords. When it comes to international development, which I am deeply concerned about, the House of Lords has been extremely effective in that regard. That is something that those on the Labour Front Bench might agree with me on.

David Linden Portrait David Linden
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The hon. Gentleman keeps talking about checks and balances. Can he talk further about how many cheques have been donated to political parties by people who happen to sit in the House of Lords?

Anthony Mangnall Portrait Anthony Mangnall
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The vast majority of Members of the House of Lords are not people who have donated cheques, but people who have done extraordinary things in society. If the hon. Gentleman would like to go back and look at those numbers, I would be happy to do battle with him—the numbers are in my favour here. The vast majority of Members of the House of Lords need to be applauded, not ridiculed and pursued for being cronies and for not serving their country. They serve their country just as much as we do.

Harriett Baldwin Portrait Harriett Baldwin
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My hon. Friend is making a powerful speech supporting the work done in the other place, but surely he would agree that there is a need for incremental reform? Surely he cannot support the fact that an eighth of the seats in the other place are reserved for men only? Will he, too, support my Hereditary Titles (Female Succession) Bill?

Anthony Mangnall Portrait Anthony Mangnall
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I am used to being a constant rebel to the Government, so I am not entirely sure whether I am allowed to support anything, but I agree in principle with what my hon. Friend is doing. If primogeniture is going to be used, why should it not include women being able to take on titles? However, that perhaps goes over my head and is there for the constitutional experts.

The important point, which should not be overlooked, is that a vast number of Ministers who work in the House of Lords do so not for the extra salary, but because they are interested in the subject. That is something to be supported and encouraged. We need to note more often that Members on both sides of the House of Lords—including on the Cross Benches—work incredibly hard, and not for huge renumeration. They often work far longer hours than those in the House of Commons. It is important to say that we support this system. We can look at minor reforms to improve it and to ensure that Ministers who serve the Crown do so under their own hard work—not with the remuneration of the State.

I have made my points regarding the checks and balances, the value of the scrutiny of the Lords and the hard work that Ministers and peers put in, but it is also worth looking at the composition of the House of Lords. I have mentioned people such as Baroness Helic, whom I know as a friend and whom I have worked for, and I have followed individuals such as Lord Winston. Too often, we are scared to stand up to public opinion, but in the House of Lords we have a body of people who are governed not necessarily by public opinion but by the expertise and knowledge they bring to that place. They can discuss the issues not because they have read a briefing paper that morning or been briefed by a group, but because they have real-life, world experience. They have the expertise to be able to tease out the legislation that needs to be passed. That is something to be grateful for and to be cherished. It improves our legislation and the system we have in this country.

It is easy for individuals, as the hon. Member for Glasgow North did in his opening remarks, to talk about things such as China and to make an anecdotal point I have made on a number of occasions. In fact, I have often made the joke that when a young Member is introduced to the House of Lords they usually get a cheer when they run up the stairs, because they are so young. Perhaps it is rather unfair to say that, but I would make this point: yes, we can change the numbers in the House of Lords—maybe that could be up for discussion in the future, but that is up to the Government—but we need to ensure that we retain that expertise.

I will use an international example, as that is what the hon. Member for Glasgow North did. The Cabinet of the United States Government is not made up of elected individuals. They are appointed, albeit not for life—I accept that point—and they wield huge power, so let us not say that we are out of kilter with the rest of the world. We have a body of people who check themselves and who are required to have parliamentary scrutiny and the rigours of debate. This arrangement does work in other countries in certain systems. That is the important point, not the comparison to China or Lesotho, which the hon. Gentleman made. We should look at where this works and where we might be able to improve things.

I have taken far too long already, but there is another important point to make. There is value here. Improvements can always be made in both Houses. We should all be aware of that. I fear the day when we are unable to ensure that experts can go into the House of Lords, because they fear the rigours that we all have to deal with as elected Members. It is not easy being a Member of Parliament—we all know that. I do not think people would be readily able to stand up in the House of Lords and say, “I’ll go for election and the scrutiny and difficulties that come with that from the British public.” It is deeply troubling and unfortunate that so many people are persecuted and subjected to such appalling things on social media.

We must continue to use the House of Lords as a check and balance, a place of expertise, a place where we can celebrate the hard work of our Ministers and a place to which we can attract some of the most extraordinary people from around the world. It is typically generous of this country that we take migrants and end up putting them into the House of Lords. That has happened, and I think we should celebrate it.

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Justin Madders Portrait Justin Madders
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That is not necessarily the case, and that is not where the argument need take us. That kind of argument is often put forward by people who want to stifle change and reform.

I cannot believe that anyone would think that the current arrangements are satisfactory. We have, in effect, a halfway house between the medieval institution the Lords once was and the modern democracy that we, or certainly I, hope to see. When the number of hereditary peers was reduced in 1999, Baroness Jay described the Lords as a “transitional House”. It is clearly an anomaly that we have certain people entering there by different routes, and it is time that that was ended.

Anthony Mangnall Portrait Anthony Mangnall
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I will have two bites of the cherry. The hon. Gentleman makes a point about the House of Lords being a place of privilege, but the vast majority of people are not appointed from a background of privilege; they are appointed from a background of expertise and specialism in their subjects. He references the 92, but they are not the vast majority of the House of Lords.

Justin Madders Portrait Justin Madders
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That is 92 too many, in my opinion. I do not believe that having a place in our legislature by reason of birth has any place in our modern democracy.

As has been picked up on already, the recent report from former Prime Minister Gordon Brown sets out the case for reform very well; it contains serious proposals for what a modern, democratic second Chamber could look like, which could be implemented without us necessarily having to change the way we in this House work. Some of the big messages in that report about the loss of trust in our democratic institutions are ones that we should all be concerned about. The fact that more than 50% of adults believe it does not matter who they vote for and that nothing will change, and that more than 60% of people believe that Britain has a ruling class that will always rule the country, should ring huge alarm bells for single one of us who cares about democracy in this country.

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Kirsty Blackman Portrait Kirsty Blackman
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My issue is not with the actions of individuals at certain ages or with the fact that there are many 71-year-olds who could run rings around significant numbers of us younger ones—I absolutely agree that that is the case. My issue is that it does not represent the population. We are supposed to have a representative democracy but it fails to be so because its membership does not look like the rest of the population.

I will take a moment to tackle another thing that the hon. Member for Totnes said. Some 57% of Members of the House of Lords went to private schools, which is ridiculously high.

Anthony Mangnall Portrait Anthony Mangnall
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That number is going down.

Kirsty Blackman Portrait Kirsty Blackman
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It is going down, yes, but much more slowly than if we had an elected Chamber where Members were not appointed for life. Some 6% of Members of the House of Lords are from a minority ethnic background, whereas 13% of people in the UK are from such a background. Because the unelected Chamber is over 800 people large, every person appointed to the House of Lords over a period of years would need to be from a minority ethnic background in order for the membership to look like the population. The unrepresentative nature of the House of Lords is a problem that cannot be fixed easily or quickly because of the fact that people in that House are appointed for life.

The issue of attacking the House of Lords because of what it is rather than what it does has been raised. That is the opposite argument to the one we hear from the Labour party, which suggests that we should not attack the current constitutional arrangement because of what it is—that we should not attack the current constitutional arrangement. The Labour party says that just because the Conservatives are in power, that does not mean that the constitutional arrangement for the devolution settlement is less than perfect, and that once we have a Labour Government it will be grand and everything will be significantly better than it currently is. I am not going to buy that. I am going to attack things for what they do and what they are. It is completely reasonable for us to have issues with the actions of the House of Lords or of the Government in the House of Commons, and with the way that those institutions are set up and run. I see no contradiction in making criticisms of both those things and am quite comfortable doing so.

I do not think that anybody here believes—I really hope they do not—that the current constitutional settlement and the way the House of Lords currently works and interacts with the House of Commons is 100% perfect. I do not think that anybody is willing to defend the current system as absolutely the best possible system we could have. I do not think that is the case, because the system is indefensible. We have a massive House in the other place, and one of the things that frustrates me most about the House of Lords is the fact that it can originate legislation. It is a checking and balancing system; how dare they originate legislation? Lords are unelected. It is done for reasons of timetabling. That is completely shocking if it is to continue to be an unelected Chamber.

I very much appreciate my hon. Friend the Member for Glasgow North having secured this debate and allowed me to have a bit of a rant about the House of Lords and my criticisms of it. Obviously, the way to resolve this—I am quite happy to eat, shoot and leave—is for us to leave the United Kingdom and leave youse to it. In the meantime, while we are members of this United Kingdom, although currently against our will, we would like to improve it. We would like to try to make it better, and to do that we need to abolish the House of Lords.

Fleur Anderson Portrait Fleur Anderson (Putney) (Lab)
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It is a pleasure to serve under your chairship this afternoon, Sir Gary. I congratulate the hon. Member for Glasgow North (Patrick Grady) on securing this debate. I often say that a debate is timely, but this debate really is: we are at a crux of time in our country when we are looking at who we want to serve us. There is a real crisis of trust in our democratic institutions, so it is only right that we talk about this issue.

I am proud to be given this opportunity to speak about Labour’s plans to make our Parliament fit for the 21st century. I thank my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) for his contribution and I agree with him. I speak as a democrat, proud to be part of a democracy but shocked to be part of only half a democracy at many times. There is a democratic deficit in an unelected Chamber belonging to a bygone era that undermines the value of the expertise that has been rightly pointed out by many Members in the debate. Change is needed.

I cannot continue without paying tribute to our tireless Labour peers. Time and again, they have stood up against the Government’s worst excesses, whether that is by blocking attempts to strip refugees of their rights and dignity in the Nationality and Borders Bill or by inflicting a record 14 defeats on the Government’s anti-protest clauses in the Police, Crime, Sentencing and Courts Bill. Many lords are expert and hardworking, and deserve the respect of us all on the Opposition Benches.

In the past year the House of Lords has considered 5,244 changes to 100 Bills. Members in the House of Lords raised concerns, pressed the Government for action, questioned decisions with debates, asked daily oral questions and tabled urgent questions, in more than 3,350 hours of business. We are not saying that the House of Lords does not do a lot of hard work or that lords are not, often, experts in their field; we are saying that the Lords could be far better with a democratic mandate.

The time has come for change. We need a Lords that is properly accountable, where the expertise is strengthened by that democratic mandate, and that is up to the task of rebuilding the whole of Britain after 13 years of Conservative failure. The next Labour Government will scrap the House of Lords and replace it with a new second Chamber that truly represents people across the UK.

Anthony Mangnall Portrait Anthony Mangnall
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May I ask for a bit of clarification? Is the hon. Lady saying that the Labour party is wholly committed to a wholly elected Chamber of the House of Lords? If she is, does that mean there will be a referendum, as has been promised on previous occasions when Labour policy has suggested large constitutional change?

Fleur Anderson Portrait Fleur Anderson
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I do not think the hon. Member is alone in having questions about our policy, which is to have a conversation with the British people to decide what the future policies would be. I am not going to be outlining all the dotted i’s and crossed t’s of Labour party policy, because that would be wrong. We need to have further conversation about the result of our conversations. Later in my speech, I will go into what will underpin that.

The SNP has used this debate about the second Chamber for game playing, to undermine the strength of the Union, and has denied Scottish people a voice in the second Chamber by boycotting it—by just leaving it alone. It has no interest in making Westminster or devolution work. Labour will work with the Scottish people to give Scotland and other parts of the UK an even greater say in UK-wide legislation through a new second Chamber. Under a Labour Government, a second Chamber that is more representative will give Scottish people more of a mandate to deliver for Scotland and undo the damage caused by the SNP and the Conservatives.

There are three reasons why we need reform, the first of which is trust. Trust in Westminster is at an all-time low, and in many ways who can blame the public? Never before has the privilege of power been used and abused for personal gain so much and so frequently. The mantra of “It’s one rule for them and another for us” is said far too frequently; people should not feel like that about their elected bodies, and the Lords is a prime example.

Take the former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). He recommended 87 new life peerages, but two of those people have not made maiden speeches, even though one was appointed in September 2019 and the other in July 2020. His brazen attempt to subvert democracy by rewarding donors, lackeys and friends makes him the latest in a long line of Conservative Prime Ministers who have gamed the system by installing a conveyor belt of their cronies into the House of Lords, undermining it as a result. Instead of rewarding Conservative donors, we should be rebuilding trust in politics.

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Anthony Mangnall Portrait Anthony Mangnall
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I think the hon. Lady mentioned 41 lords; could she help me with something, because it is important to be accurate? Of those 41, how many have claimed allowances, how many have actually voted and how many have attended the Chamber at any point? How many of them actually have parliamentary passes? I ask because we need to be clear about this matter; otherwise, someone can start setting a narrative that is not accurate about the important work that is done in the Lords.

Fleur Anderson Portrait Fleur Anderson
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The fact is that they have the right to come and vote if they want to, the right to attend and the right to take the money for their daily attendance, no matter what happens. It is just a job for life. They have the notoriety and the title, which gives them some credibility, yet they are not doing the work that should accompany their position. They should be accountable. If they are not attending, not taking the money and not voting, they should do the right thing and resign their positions.

YouGov polling from August last year shows that the public have had enough. Only 6% of British people favoured a House of Lords that is mostly appointed, whereas 48% supported a House of Lords that is mostly elected. Our plans are not just democracy for democracy’s sake, though, even though that would be reason enough. That brings me to the third reason for why reforms are vital. We cannot fix the economy without fixing our institutions and we cannot bring about the social change that we need in this country without fixing our institutions. They are fundamental to our decision making. Inclusive growth must go hand in hand with inclusive governance. A second Chamber packed with the mates of former Conservative Prime Ministers, all of whom have given up on the levelling-up agenda as far as I can see, will not deliver equal growth and opportunity for all nations and regions.

Labour will consult members of the public from throughout the UK to determine the exact size and make-up of the new second Chamber. We launched the commission on the UK’s future, which was chaired by former Prime Minister Gordon Brown and involved people from throughout the country, including people from academia, local government, the legal profession and trade unions. As a result, we have articulated three clear principles that will underlie our vision of reform. First, Members of any new Chamber should be elected by voters rather than being appointed by politicians; secondly, it should be truly representative of the nations and regions of the United Kingdom and play an important role in safeguarding the devolution settlement; and thirdly, it must remain a second and secondary Chamber and continue to have a role complementary to the work of the Commons. It will not replace the Commons.

We have to earn back trust. That will happen only with a Labour Government. Only Labour has the ideas and the credibility to fix our politics as well as our economy, and we are the only party that sees the intrinsic connection between the two and that will make the change that is needed.