House of Lords (Hereditary Peers) Bill

Ashley Fox Excerpts

Tuesday 12th November 2024 Commons Chamber

[Ellie Reeves]

We have made it clear that this is a first step of reform. We are committed to the other reforms set out in the manifesto, but it is important that there is proper consultation and that we take time to ensure that they are done in the right way. That work is ongoing.

Subject to the timely progress of the Bill, it will give due notice to existing hereditary peers, allowing for opportunities to give valedictory speeches, which is consistent with the approach taken in the 1999 Act.

[Sir Ashley Fox (Bridgwater) (Con)]

On the future reforms, does the Minister not accept that when House of Lords reform was discussed in 1998-99, the hereditaries were retained as a temporary measure, yet the Labour Government never came forward with the second stage? Does she appreciate that many of us are slightly cynical about this Government’s ever bringing forward a future stage, so the solution might be to delay commencement until they bring forward proposals?

[Ellie Reeves]

Opposition Members had 14 years to bring about reform of the House of Lords, if that was what they wanted to do—but alas, they did not. Instead, this Government are taking an immediate first step on the road to reform of the House of Lords. It is long overdue and we are getting on with it.

Clause 5 simply establishes the short title of the legislation as the “House of Lords (Hereditary Peers) Act 2024”. If the Bill is passed in 2025, the short title will automatically be changed to the “House of Lords (Hereditary Peers) Act 2025”.

I note that a number of new clauses have been tabled. Of course, I look forward to hearing from the newest zealous member of the cause for constitutional reform, the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), as well as from the hon. Members for Richmond Park (Sarah Olney) and for Perth and Kinross-shire (Pete Wishart) and others. I will not prejudge what they have to say on these matters, but I note again that this is a focused Bill that delivers on a clear manifesto commitment.

As I have said, the Bill is the first step in the Government’s broader plans to reform the second Chamber. We recognise that other elements of that agenda are more complex, and it is right that we take time to consider them properly.

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[Gareth Snell]

I know when to move on. [Laughter.] I would also never dare to call the hereditary peers low-hanging fruit, because that would be slightly disrespectful to them, but I understand the tenor and the tone of what the right hon. Member for New Forest East (Sir Julian Lewis) is saying, and I think he is right. This is about starting with something on which there is broad consensus and where the impact on the other House will change our constitutional set-up, but not in a way that will ultimately be detrimental to the important scrutiny role of the House of Lords.

I agree with the right hon. Member about the important role of the House of Lords Appointments Commission and the robustness with which its advice should be treated. Without wishing to go down the route of political point scoring, there is something to be said for independent verification of an individual’s suitability for that place, and how that ought to be respected and put on a footing that would potentially mean that incidents like those we have seen under previous Prime Ministers would not recur. Again, I would love to be able to make a commitment in this Chamber, but the only things I can commit to are those relating to my constituency and my own personal opinions.

[Sir Ashley Fox]

The hon. Member spoke about the need for consensus. Has he read new clauses 1 and 2, tabled by my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), which would remove the bishops from the upper House? I am sure that is something on which there is great agreement on the Government Benches. Does the hon. Member feel able to support new clauses 1 and 2?

[Gareth Snell]

The hon. Gentleman has highlighted a great example of where on the face on it, there may seem to be consensus, but I fear the immediate impact would not be as simple as he thinks. We have an established Church in this country. The Church of England is an established Church—it is part of who we are. I fear that the removal of the bishops from the House of Lords would open up a whole series of other conversations about whether or not we still have an established Church. It would potentially open up questions about political and ecclesiastical overlap. Again, I think we should debate those things; we should have time to debate, discuss and consider the role of the clergy and whether it is right to have bishops in the House of Lords. I do not see why that has to be done through a tacked-on amendment to this Bill, but it is something we should discuss in the future.

--- Later in debate ---

[Sir Ashley Fox]

The Labour party promised immediate reform of the House of Lords in its manifesto and set out several steps that it would take. However, the Government have introduced just one of those steps—the step that is most politically convenient for them. Is it a coincidence that their proposals would remove 84 hereditaries who do not take the Labour Whip? They seem reluctant to take the other steps. Very few Government Members seem to want the 26 bishops to stay, but perhaps their remaining is convenient because when the bishops turn up, they vote with the Labour party more often than not.

I object to the Bill because I have a genuine fear that there is no second stage. The hon. Member for Perth and Kinross-shire (Pete Wishart) is right: it will be this Bill and nothing else for the rest of the Parliament. Labour Members will wait in vain for the second stage. That is what happened when the Blair Government tried to reform the House of Lords. They ensured that the 92 hereditaries remained as a permanent reminder of the need for proper reform. Now the Government are removing the hereditaries, but not making clear any time scale or further proposals.

I therefore tabled amendment 24 and new clause 19. I want to pause commencement of the Bill unless and until the Government introduced legislative proposals for second-stage reform. Amendment 25, which my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) tabled, goes one better than amendment 24, so I am happy not to press my amendment and to vote instead for his. It provides a guarantee that proper reform will be introduced and an opportunity to reflect on the type of upper House we want.

I believe that we should have a smaller upper House, which should be wholly or largely appointed. It should not act as a rival to this place. Liberal Democrats who desire an elected second Chamber do not understand what they are letting themselves in for. Let us consider the United States, where the two chambers are sometimes commanded by different parties and very little can happen. A country with an executive presidential system can get away with that, but a parliamentary democracy could not function with a Government with a majority in this Chamber permanently blocked by an elected upper House.

My right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) has tabled several amendments that help enact the Labour party’s manifesto commitments: a retirement age, participation rates and other features that would improve the upper House.

I will vote for amendment 25, which I commend to the Cttee.

[Sir John Hayes]

Last time we debated this issue, I talked about legitimacy, continuity and dignity, and nothing I have heard today refutes the arguments I made then. Of course it is true that this House’s authority is drawn from the democratic legitimacy that enables each of us to speak for our constituents. We are chosen by them and answerable to them. However, that is not the only form of legitimacy.

When the Liberal Democrat spokesman offered her views on the subject, I was minded to ask, “Where do you stand on the Head of State?” Our sovereign is chosen by birth, not election. A Head of State is critical—at the apex of our constitution. As I pointed out on Second Reading, the Minister for the Cabinet Office, for whom I have great regard, as he knows, was appointed by the monarch, as I was when I became a Minister.