House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

[Lord Tugendhat (Con)]

My Lords, my noble friend Lord Brady spoke very eloquently, but he did not refer to his Amendment 90C:

“A person can only be a member of the House of Lords if they are not a Minister of the Crown”.


I do not know why he did not refer to that, but it is a very bad idea.

One of the most striking features of politics in the more than 50 years since I was elected to the House of Commons is that as the diversity in gender and ethnicity has widened—which is a good thing—the diversity of life experience has narrowed considerably. When I was first elected to the House of Commons, there were people who had a lot of business experience, people who had been active in trade unions—

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, the amendment that the noble Lord is speaking to is actually in group 18, whereas we are starting with group 1. We will debate Amendment 90C later.

[Lord Tugendhat (Con)]

Then I will move to the other amendment which I wish to speak to and take issue with the noble Lord, Lord Newby.

Democracy is the central feature of our governing system, and the House of Commons must always be the superior House. However, precisely because MPs’ experience has narrowed to the extent that it has, we have seen that the House of Commons has given up on its scrutiny function over time. When I was first elected, guillotines were very rare. They are now very common. Bills come up to this House that have barely been scrutinised.

My question to the noble Lord, Lord Newby, and those who support his amendment, is: would an elected House be interested in the scrutiny function? The House of Commons has its representative functions. It does a great deal of useful work in different areas, but in terms of scrutiny it has rather given up the ghost. That has been left increasingly to the House of Lords. That is not a desirable situation, but it is the situation that exists. Would an elected House have the interest in scrutiny that we need? If we did not have scrutiny in the second Chamber, we would not have enough scrutiny at all.

It would be wise to consider that a democratically elected second Chamber is not the only way forward. It may well be better to look at some alternatives and at the function first rather than the form. At the moment, we are all talking about the composition and the form of the House but not its function. If one looks at the function of the House, what system of election, selection, appointment—whatever—would be most appropriate?

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[Lord Forsyth of Drumlean (Con)]

Before the noble Baroness sits down—

[Baroness Anderson of Stoke-on-Trent (Lab)]

I apologise, my Lords. I think it might help everybody if I confirm the normal courtesies of the House. This is a debate and Members can take interventions, but they can also choose not to; that is in section 4.29 of the Companion.

[Lord Forsyth of Drumlean (Con)]

The noble Baroness made a very passionate speech in favour of democratic accountability. Why then did she not stand for the House of Commons instead of coming here?

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[Lord Mancroft (Con)]

Before my noble friend sits down, will she join me in congratulating the Government Chief Whip on the brilliant management of business in the House this afternoon, whereby there is virtually nobody sitting on the Government Benches? Apart from the wonderful noble Baroness, Lady Andrews, and the noble Lord, Lord Grocott, representing the dinosaurs, I do not think a single Government Back-Bencher has spoken in support of the Government’s Bill today. They have now even brought in Ministers to sit behind the Front Bench so that everybody watching on screen thinks that the Government are being supported. This is not the sort of management of business that we expect to see in your Lordships’ House.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, what is so unfortunate is that I was about to welcome and celebrate the tone of the debate that we had just had. So I am going to move on with the tone of the debate and celebrate the contributions that noble Lords have made, which have been—in overwhelming number— thoughtful and considered. I am grateful for that. I think all noble Lords—as the noble Baroness, Lady Finn, highlighted—want the same thing for this House: colleagues who meet the highest standards of public service, who are dedicated to our country and who want to ensure that our legislation is fit for purpose.

The amendments from the noble Lord, Lord Newby, and the noble Viscount, Lord Hailsham, allow HOLAC to veto the Prime Minister’s and party leaders’ nominations to the House of Lords. The amendment from the noble Earl, Lord Dundee, also specifies HOLAC’s composition and purpose in statute. The Government are grateful for the discussion on these amendments today. We committed in our manifesto to reform the appointments process, but we cannot, unfortunately, accept these amendments, which fundamentally alter the roles and responsibilities in the appointments system.

Constitutionally, it is on the advice of the Prime Minister that the sovereign appoints new Peers, but it is not just the Prime Minister who makes these nominations. The Prime Minister, by convention, invites nominations from other political parties. After all, as was pointed out earlier in Committee, I was appointed by the former Prime Minister Truss. It is the responsibility of party leaders to consider who is best placed to represent their party in the House of Lords. This is an important principle. The Prime Minister and other party leaders are democratically elected and accountable to Parliament, and ultimately to the electorate, for the political nominations they make to the House of Lords.

The House of Lords Appointments Commission vets all nominations for life peerages to ensure the highest standards of propriety in this House. The amendments from the noble Lord, Lord Howard of Rising, would seek to make HOLAC’s advice defunct. If HOLAC recommended a nominee, the Prime Minister would be unable to proceed with their appointment. I hope it is obvious to your Lordships’ House why we cannot accept this, not least given the conversation we had earlier about People’s Peers. HOLAC’s proprietary advice is important to the Prime Minister as he discharges his duty to advise the sovereign on life peerages, and he of course considers it carefully. The Government are very grateful for the work that HOLAC, led by the noble Baroness, Lady Deech, does to provide this advice.

This advice, however, forms part of a process that also ensures democratic accountability in the appointment process. Party leaders must accept responsibility for their appointment. We cannot and should not expect HOLAC to take on that responsibility. Handing HOLAC, an unelected body, the role of recommending new life peerages directly to the sovereign, or giving them the power to veto the Prime Minister’s recommendations, as in the amendment put forward today, would undermine that accountability.

The Government believe that nominating parties should be properly held to account for their nominations to the House of Lords. As my noble friend the Leader of the House set out on the first day of Committee, we have already taken a straightforward but important step to introduce a requirement on all nominating parties to provide public citations that clearly set out why individuals were nominated. I was pleased to see the first set of citations published on GOV.UK following the recent peerage list in December of last year.

The amendment from the noble Viscount, Lord Hailsham, seeks to introduce a new oath for new Peers and requires HOLAC to be satisfied that new Peers will participate. This is a thoughtful suggestion, but, as a reminder, new Peers already sign our Code of Conduct when they take their seat. As we have said during the passage of the Bill, we are working on developing a participation requirement to ensure that we become a more active Chamber. It matters less what Peers say they will do than what they actually do when they come here. I am, however, grateful to noble Lords for their suggestions on how this could work and ways to take it forward.

More widely, the Prime Minister has made clear that he is committed to restoring trust in Parliament and takes the advice of all ethics bodies seriously. The Government are committed to keeping our ethics bodies under review and, where necessary, delivering reforms to ensure the highest standards in public life. Indeed, the Government have already demonstrated their willingness to strengthen the independent protections provided by the standards landscape. The Prime Minister has, for example, significantly strengthened the remit of the Independent Adviser on Ministerial Standards, ensuring they have the ability to initiate investigations into ministerial standards without requiring the Prime Minister’s consent. However, as I have made clear, the amendments proposed today would undermine the manifesto commitment to look at the current system and the democratic lines of accountability that currently exist in the appointments process.

I now turn to the amendment from the noble Earl, Lord Devon, which would give HOLAC the power to recommend 20 individuals to the sovereign for non-party political life peerages over the next five years. The Cross-Benchers bring expertise and diverse perspectives to the House, which I welcome, and I thoroughly enjoy working with many of them. They make valuable contributions. Retirements and other departures mean that new Peers will always need to be appointed to ensure that the Lords has appropriate expertise, and I acknowledge that the Bill will have a particular impact on the number of Cross-Benchers. As my noble friend the Leader of the House said to the Committee last week, she has committed to discuss this with the relevant parties.

As it stands, new Peers can be appointed to the Cross Benches through nominations by the House of Lords Appointments Commission. HOLAC runs an open-application assessment process to identify and select new Cross-Bench Peers, and the Prime Minister passes HOLAC’s nominations to the sovereign. Many excellent Peers have come to your Lordships’ House this way. The number of Peers that HOLAC is able to nominate is decided by the Prime Minister, and in doing so he of course takes into account the political balance of your Lordships’ House. Prime Ministers can also recommend a limited number of additional Cross-Bench appointments over the course of the Parliament for those with a record of public service. As with all new Peers, they are subject to propriety vetting by HOLAC.

I note that the noble Lord’s amendment allows HOLAC, rather than the Prime Minister, the role of recommending 20 life Peers to the sovereign. As I addressed earlier, constitutionally it is for the Prime Minister, as principal adviser to the sovereign, to recommend new life Peers. I appreciate that the purpose of this amendment is to ensure that the Cross-Benchers remain a significant presence in your Lordships’ House. To give HOLAC, an unelected body, the role of providing advice to the sovereign, even in this limited way, would, however, be a clear break from our constitutional arrangements—one that would require careful thought, as today’s debate has demonstrated, and one that the Government do not support or think necessary.

As we have repeatedly stated, the Government committed in their manifesto to reform the process of appointments to this place, to ensure the quality of new appointments and to improve the representative balance of the second Chamber so that it better reflects the country that it serves. We have heard—and I am sure we will continue to hear—interesting proposals from across the House, and we welcome the discussion on appointments. However, it is right that we take time to properly consider how to take forward our manifesto commitment to reform in this area, as part of the wider standards landscape, in a way that reflects the importance of those lines of democratic accountability. It is also not a debate for this Bill. As has been stated, this is a focused Bill that delivers the Government’s manifesto commitment to bring about an immediate reform by removing the right of the remaining hereditary Peers to sit and vote in your Lordships’ House. It is not the vehicle to consider all reforms to the House of Lords. I therefore respectfully ask noble Lords not to press their amendments.

[Lord Newby (LD)]

My Lords, I thank all noble Lords for a typically interesting debate. As I said at the outset, we were not seeking a fundamental reform of the way that HOLAC operates; we were seeking to do something uncontroversial that I thought nobody could possibly disagree with. I have been in your Lordships’ House for only 27 years, so what do I know?

I say to the noble Lord, Lord Butler, that our amendment does not break the link between the Prime Minister and the monarch. The Prime Minister would still make the recommendations. I am sure there are many other areas in which the Prime Minister gives advice to the monarch where that advice is constrained by various outside bodies, so I am not persuaded by the noble Lord’s argument.

In a way, the problem was set out by the noble Baroness, Lady Finn, who said that the Prime Minister does not act alone. The truth is that he did act alone in this case. That is why we have the amendment. There was no constraint on the Prime Minister in making some proposals. HOLAC could not then do anything about it. I am not saying that it was a whim of the Prime Minister, or done without thought, but it was certainly his decision and his alone.

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I found myself struck by the comment from the noble Lord, Lord Wallace of Saltaire, that we could do with a few more professors and a few fewer professional politicians. The trend he has identified of us becoming more a House of professional politicians is one that we have not taken consciously, but he is right to point out that we are sleepwalking into it. I am, however, pleased to say that we are not currently a House of professional politicians and I hope we do not become one. I look forward to hearing the Minister’s view on these amendments.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, it has been an interesting debate to listen to. I was brought up properly and told that you are never to discuss a woman’s age, but, in the context of the debate today, it does feel slightly relevant given my own, and that of the noble Lord, Lord Parkinson. I believe we are currently in the prime of our economic earning, in the phrase used by the noble Lord, Lord Cromwell.

The current average service of your Lordships’ House is 13.74 years, and the average age on appointment in the last Parliament was 56. I will be 57 if we get to 15 years of service, so I would be leaving very quickly and would still be a very young member of your Lordships’ House.

With regard to the substance of the debate today, these amendments concern the imposition of term limits, as we have discussed. It may be useful to summarise what the themes of the amendments in this group have been, not least because they demonstrate that there is not yet a consensus on next steps.

Amendment 13, tabled by the noble and right reverend Lord, Lord Harries of Pentregarth, provides for a 15-year term limit for life Peers. His proposal includes the possibility of applying to HOLAC for reappointment while providing that no Member can sit for more than 30 years in total. The noble Viscount, Lord Hailsham, has sought to further amend this by proposing that Members can apply for reappointment only during the Parliament in which this Bill passes and not beyond. His amendments also seek to limit the length of reappointment to five years, therefore reducing the original total limit proposed by the noble and right reverend Lord from 30 to 20 years.

Amendment 66, tabled by the noble Viscount, Lord Thurso—in an excellent speech—goes for a term limit of 20 years, but also for life peerages granted after the end of this year. Amendment 73, tabled by the noble Baroness, Lady Smith of Llanfaes, would require the Secretary of State to lay before Parliament a draft Bill with proposals for a term limit of up to 10 years.

The underlying intent of the majority of these amendments is to reduce the size of your Lordships’ House—an aspiration the Government share. Some noble Lords, including the noble Viscount, Lord Thurso, made clear that they were motivated by the principle that no one should automatically be a Member of this place for life. Both he and I have experienced that at the other end, so making it happen here seems appropriate.

The smattering of amendments in this group demonstrate a range of different ways that term limits could be introduced. It is clear there is not a settled view among your Lordships on the arrangements of introducing a term limit. More importantly, however, the Bill before this House today is not the legislative vehicle for implementing these issues. The Bill is focused solely on removing the right of hereditary Peers to sit and vote in this House. These amendments, while both thoughtful and considered, are not the central issue of this Bill.

Furthermore, the Government’s view is that the introduction of retirement age, as promised in our manifesto, is a more effective way of reducing our numbers, rather than the introduction of a term limit. As your Lordships are aware, my noble friend the Leader of the House has been having an ongoing dialogue with the House on how the manifesto commitment of introducing a retirement age can best be implemented. The Leader has already had in excess of 60 meetings and she is keen for that dialogue to continue. With respect, these amendments would cut across those conversations. With this in mind, I respectfully ask noble Lords not to press their amendments.

[Viscount Hailsham (Con)]

I beg leave to withdraw the amendment standing in my name.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

Incidentally, it would have one further impact. If the Government were to contemplate the application of such a provision—which would be consistent with their manifesto commitment, because it would bring the retirement age down to 80, albeit over a period of nine years—the consequence would be that, at the end of those nine years, there would be fewer than half the excepted hereditary Peers still in this House, even if no other steps were taken to expel them at an earlier point in time. So, instead of dealing with just one manifesto commitment, they could, by applying themselves to a reasonable and sensible provision on retirement, address two manifesto commitments. I invite them to give serious consideration to such a proposal. I also invite the Minister to explain very clearly in her reply why the manifesto commitment on retirement appeared. What was the logic? What was the reasoning? What was the policy behind it? Perhaps she could touch on the attitude of her Back-Benchers towards that particular issue.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, before I begin, it would be remiss of me not to wish the noble Lord, Lord Wallace, a happy birthday. But, as I will probably still be here on Wednesday, I will do it on Wednesday.

What is clear from this short debate on retirement age and the minimum age of participation is that there is a broad consensus on the need for change. What that change specifically should be is clearly still a matter for debate, as we have seen this evening. So let me move on to the specifics of the amendments at hand and try to reassure and answer noble Lords.

These amendments raise important questions on the issue of retirement age that warrant further discussion. The Government are keen to maintain an ongoing dialogue with the House about how best to implement our other manifesto commitments on reforming the House, including the issue of retirement age. I look forward to continuing the conversations with your Lordships, building on the discussions my noble friend the Leader has already had.

As was so eloquently articulated by several noble Lords this evening, especially the noble Lord, Lord Burns, the Government agree with the general direction of these amendments, which is to reduce the size of your Lordships’ House. As peerages are for life— and I am aware that when I say that, that may have slightly different connotations, given my age and what that means—the House has become too big. These amendments show the range of possible retirement ages that could be implemented. The Government, as set out in our manifesto, believe that a mandatory retirement age of 80, at the end of the relevant Parliament, strikes the right balance between setting the limit too high, thus reducing the impact on numbers, or too low, which would have a disruptive effect on your Lordships’ House at the end of the Parliament. In fact, during the last Parliament the retirement age was 81.3, in line with some of the conversations your Lordships have had this evening.

However, this Bill is not the right vehicle to make such a change. This is a focused Bill with a sole purpose: to deliver the Government’s manifesto commitment to bring about immediate reform by removing the right of the remaining hereditary Peers to sit and vote in the Chamber, a principle that was agreed when the 1999 Act was passed. This Bill is completing the work of that Act. It is right that we take time to best consider how we implement the other manifesto commitments, including our commitment to introduce a retirement age, engaging with your Lordships.

Amendments 101C, 101D and 101H include the provision to alter the commencement of the Bill. I note that the noble Lord has replicated this draft in his Amendments 101E, 101F and 101G, which we will debate at a future date. The effect of these amendments would be that the remaining hereditary Peers would be removed from your Lordships’ House at Royal Assent, rather than at the end of the Session in which the Bill is passed, as it currently provides for. Given that the noble Lord previously eloquently listed the individual records of service of hereditary Peers, aided by his now famous spreadsheets, I am somewhat surprised that seemingly, he now wants them to leave sooner.

The noble Lord also wishes the commencement of his other amendments on retirement age to be subject to a further resolution of the House. This means that, were the noble Lord successful in making his amendments, their commencement would be delayed further and perhaps indefinitely. The timing of the implementation of the Bill follows the approach set out in the 1999 Act, which is for it to come into force at the end of the parliamentary Session in which it is passed. This is a sensible approach which strikes the right balance between delivering an immediate reform, as set out in our manifesto, and meeting the desire to minimise any disruption to the work of the House, which could arise if hereditary Peers were to depart during a parliamentary Session.

Finally, Amendment 86, tabled by noble Lord, Lord Parkinson of Whitley Bay, seeks to lower the minimum age of membership of your Lordships’ House from 21 to 16. I thank the noble Lord for the explanatory statement which accompanies his amendment. The Government were elected on a manifesto promising to give 16 and 17 year-olds the right to vote in all UK elections, strengthening our democracy and increasing the engagement of young people. This is about fostering long-lasting engagement with our democracy and building the foundations for their participation in our electoral processes, and it will be a major change to the electoral franchise, with implications for the wider electorate. However, this commitment does not extend to lowering the age at which an individual can hold elected office at a national or local level, or other positions such as police and crime commissioners. The Government do not plan to change the minimum age eligibility criteria for elected office, nor for membership of your Lordships’ House. As I have said before, this Bill is solely focused on removing the right of hereditary Peers to sit and vote in the House of Lords.

[Lord Parkinson of Whitley Bay (Con)]

I thank the Minister for her clear answer. There is a further discrepancy, in that the age at which someone can become a Member of your Lordships’ House is 21, but to stand for election to another place it is 18. Does the Minister think that this discrepancy should continue, or should the two Houses be equal in that regard?

[Baroness Anderson of Stoke-on-Trent (Lab)]

I was just going to touch on that point. As the noble Lord mentioned during his contribution, as always, the content of our Standing Orders is a matter for your Lordships’ House.

Bearing all this in mind, I respectfully ask that noble Lords do not press their amendments.

[Lord Blencathra (Con)]

My Lords, we always say, “This has been an interesting debate”, and when I put down these amendments I expected it to be a fascinating debate, which it was. The Government always complain that this is a narrowly focused Bill, so why on earth are we talking about these other issues? It is because it was in the Labour Party manifesto. It is a narrowly drawn Bill only because, politically, they decided to make it a narrowly drawn Bill. It does not have to be that narrowly drawn.

My noble friend Lord Hailsham, in supporting my amendment that colleagues should retire at 85, made the valid point that we experience decay and that we are now getting a bit out of date on the things that we were expert in a few years ago. I like the idea from the noble Earl, Lord Devon, of retirement at 80 years old or after 10 years of service, whichever is the later. That is an interesting idea and it would permit Peers aged over 70 to get a 10-year term in here. My noble friend Lord Dundee supported an age of 90. He made a good case, but I am afraid we would not convince those on the outside that it was a serious measure to retire at 90.

My noble friend Lord Parkinson of Whitley Bay made an intriguing point about reducing the age to 16, to match the age at which people may become MPs. God help us if we have MPs aged 16. I am glad I will not be in the House of Commons if that ever happens.

My noble friend Lord Dobbs supported the noble Earl, Lord Devon. I liked his “full stop” quote; will I have to pay him royalties if I ever use it again, him being a great novelist? The noble Earl, Lord Kinnoull, in supporting the amendment from the noble Earl, Lord Devon, said that 80 is still very high for most organisations and that people retired a lot earlier than that, but I liked the point he made about transitional arrangements and allowing new Members to come in.

My noble friend Lord Attlee said that what matters is having active Peers, and that many over the age of 85 are highly active. I agree. I am privileged to serve on the Council of Europe. While I was in Georgia observing its elections a few months ago in my wheelchair, and going through a mob who were trying to ruffle us up and sabotage our vehicle, I felt quite active for a 72 year-old, as I did on a committee where the noble Lords, Lord Griffiths and Lord Foulkes, were considerably older than me—I believe they are in their 80s. They are also highly active Members. I accept that you can be over the age of 80, 85 or 90 and still be active here.

The noble Lord, Lord Burns, made an intriguing point that if we had a retirement age of 85 it would reduce numbers considerably in the first fell swoop, but it would have a diminishing effect afterwards. That will be the case if we continue stuffing in new Peers. He suggested that we could lower the age at a future time. I suggest he looks at my Amendment 32, which we will come to later, which makes that case. It sets up a procedure whereby if we decide that the age is wrong, we can tweak it with a statutory instrument rather than further primary legislation.

I agree with my noble friend Lord Hannan that it is the quality that matters, not the age, but the Government want to reduce the size of the Lords and they have chosen to throw out the hereditaries. I merely suggest in my amendments that a better way to do that would be to have a retirement age. I agree with my noble friend Lord Goschen that Peers of all ages make a valuable contribution. He asked the legitimate question, which my noble and learned friend Lord Keen also asked: will the Government explain why they have adopted this age of 80 as retirement?

I too will wish the noble Lord, Lord Wallace of Saltaire, well if he is here on Wednesday. I am not sure whether he drinks, but I will happily buy him a glass of champagne to celebrate a marvellous birthday. But the noble Lord, Lord Newby, made a good point that it might be in the interest of some Members to retire. Occasionally we see colleagues come into this House and I always say, “I hope my Chief Whip will tell me to get out at once if I get that far gone and poor”.

My noble and learned friend Lord Keen made the valid point that the age of 90 is a bit too late. It is a public confidence thing. Yes, some colleagues perform well in their 90s, but it is not credible to the outside public that we have people making legislation which affect their daily lives at that age.

The Minister said that more discussion is necessary before action. When will we get that action? When will we get the consultation paper on reducing the age limit to 80 or 85? We need it, but we get the feeling it has been kicked into the long grass.

I end as I began. The Government say that this is a very narrowly focused Bill, but it does not have to be. They are trying to reject the amendments that we have suggested, and the others to come, because they do not fit into the mode of getting rid of hereditary Peers. The Bill could easily be extended in a few little areas to include the issues we have discussed in Committee.

Before Report, I hope we can get some traction on two issues: retirement at 85, which some of us have suggested; and the suggestions by the noble Earls, Lord Devon and Lord Kinnoull, for transitional arrangements of about 80 and a 10-year time limit for new Lords coming in, and the suggestions by the noble Lord, Lord Burns, and the noble and learned Lord, Lord Keen, that we can tweak the age down, perhaps starting at 85 and a few years later lowering it to 80—I think there could be traction in that.

I hope that noble Lords will get together with better brains than mine and decide what we want to run with on Report to try to get something that may get the support of a majority of Members in this House. I beg leave to withdraw my Amendment 16.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Wednesday 12th March 2025 Lords Chamber

One of that dozen was somebody who, I must admit, I had not heard of. I will not name him, as I think it invidious to single out individuals, and I understand that he does not enjoy good health. But he is named in today’s Guardian, which points out that he came to your Lordships’ House at the recommendation of the House of Lords Appointments Commission in 2007, did nothing at all in the previous Parliament and claimed more than £27,000 for doing it. There may well be good reason for that, and I just take that as one example to illustrate what we all know is an awkward and inconvenient truth of a phenomenon that can be seen, sadly, on all Benches in this House. If we are seeking to reduce the size of your Lordships’ House and to improve its public standing, I suggest that that is the place to start.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, it is a pleasure to follow the noble Lord. I fear I have been set a challenge by my Leader to try to get Andrew Lloyd Webber’s lyrics into my speech, but with very little notice, so no one is going to cry for me today.

Before I start, I wish the noble Lord, Lord Wallace of Saltaire, a very happy birthday. I am sure he could think of no better way to spend his birthday than to be in a debate with your Lordships.

Since I joined in 2022, one of my favourite parts of being a Member of your Lordships’ House is the fact that every week I learn something. The calibre of debate in your Lordships’ Chamber is exceptional. When I am asked about it by my friends—who do not necessarily follow our debates as much as they should, although I believe my mother now watches every one—I suggest that, at least once a month, I have the privilege of listening to my own version of a Reith lecture. That is the quality of the debate that we have in this House, from those who the noble Earl, Lord Kinnoull, highlighted as high impact, and from noble Lords across your Lordships’ House. It is a privilege to be part of it, and I welcomed very much that part of the debate.

I thank all noble Lords who have contributed. The debate on this topic has been valuable and insightful. I am aware that the next group of amendments looks at different ways of devising a framework for the changes that have been discussed, so I will try to keep my remarks brief and confined to the attendance requirements outlined.

From debates that we have had in the past, as well as the one we have had today, it is clear that there is broad agreement that Members should attend and participate in the core functions of this House. However, as the noble Lord, Lord Newby, highlighted, that looks very different internally and externally when it comes to quality and the demands that we may make on each other.

I thank the noble Lord, Lord Blencathra, for sharing his data with the Committee and the Government, particularly my noble friend the Lord Privy Seal. It has provided a structure for the conversations that we are having.

As noble Lords will be aware, there are existing measures to remove Peers who fail to attend the House once during a Session, and this Government have indicated their intention to go further in relation to requiring participation. Although this Bill is not the right vehicle to make such a change, this debate has been very helpful in examining the ways in which it might be achieved.

There is rightly a public expectation—and, having listened to the debate today, an expectation among your Lordships—about how Members should contribute. That is why we are developing a new participation requirement, a process which could include looking at the attendance of Peers. It is my hope that we can work together across your Lordships’ House to define what this new participation requirement should look like and how often Members should attend. There are genuine arguments about the quality of attendance and participation, as the noble Lord, Lord Parkinson, highlighted. The range of amendments tabled on this topic and those in the next group, which considers other forms of participation, demonstrates that, although we are not at that point yet, we are focused on finding some agreement. As the noble Lord, Lord Blencathra, stated in his opening remarks, not even he has a firm view.

The amendments that we are debating in this group all identify attendance as the metric through which to judge a Member’s contributions to this place. As we will see when we come to debate the group of amendments concerned with participation, attendance is not the only way in which contributions could be measured. Is a simple requirement to attend the House for a certain amount of time, as proposed in the amendments tabled by the noble Lords, Lord Blencathra and Lord Lucas, the noble Earl, Lord Devon, and the noble Viscount, Lord Hailsham, a reasonable measure of participation, or should we be more specific about the type of activities that need to be undertaken? I will refrain from pre-empting the later debate on this point, but this will be an important matter to consider when we look to clarify what is expected of Members of this House.

Before we consider the means by which we introduce a new participation requirement, I suggest that we should think not about the previous attendance records of the current membership, as the noble Lord, Lord Blencathra, has suggested in his amendments, but about a long-term solution that is fair to Members. A priority is to ensure clarity on what the right and expected level of participation is, whether it be attendance or some more specific contribution, and to ensure that this is adhered to in the future.

Briefly, I thank the noble Viscount, Lord Hailsham, for the series of amendments that he has tabled to further shape the proposals for an enhanced attendance requirement. He has made a number of sensible suggestions that should be considered when addressing the matter of participation, such as whether a Member is on an agreed leave of absence. Any work on this area will need to include reasonable exceptions, such as those identified by the noble Viscount. There is a question about the implementation of any enhanced attendance requirement: should the requirement be comprehensively set out in legislation, or should the detail be left to this House to decide and subsequently set out in our Standing Orders, as proposed by the noble Lord, Lord Lucas?

I will briefly address the amendments tabled by the noble Lord, Lord Blencathra, on the commencement of the Bill—Amendments 101E to 101G. I addressed these amendments during Monday’s debate. They would bring forward removal of the hereditary Peers to Royal Assent of this Bill, and make the noble Lord’s other amendments subject to a further resolution of the House, potentially delaying the measures indefinitely should both amendments be successful. The Government cannot support this change to the commencement of the Bill. The arrangements currently set out seek to balance the timely delivery of a manifesto commitment that promised an immediate reform, while not undermining the business of the House. As I have previously noted, they follow the approach set in the 1999 Act.

It is clear that the Committee wants to discuss this issue, and we welcome the suggestions that have been brought forward as part of that. There is positive momentum behind ensuring that there are clear expectations of Members, but this Bill is not the right vehicle to introduce this change. I therefore respectfully request that noble Lords do not press their amendments.

[Lord Blencathra (Con)]

My Lords, I am grateful to every noble Lord who has taken part in this debate. Again, as with retirement ages on Monday, we might be seeing some consensus on the proposals from the noble Earl, Lord Devon, supported by the noble Earl, Lord Kinnoull. I will very briefly rocket through the comments of some of those who have spoken.

I take the point made by my noble friend Lord Hailsham on retrospectivity. Others made that point as well and I think it would be possibly better. Well, the House would never approve that in any case—any changes would be for the future. He also made the point that there is a danger that a threshold would cause Peers to come in to speak just to get past the threshold.

The noble Earl, Lord Devon, with his idea of 10% of sitting days in the future, may be on to a winner. Of course, the noble Earl, Lord Kinnoull, again supported that. It was a very good point about the Writ of Summons. It is not something that occurred to me—that the Writ of Summons would suggest that we should attend more frequently than some noble Lords do. I think my noble friend Lord Dundee also said no retrospectivity, and he also supported the 10% agreement in future.

My noble friend Lord Astor said there is a danger that it would encourage people just to turn up. And what about those brilliant young men and women, the executives, who could not afford to do 15 days per annum? I say to my noble friend that a threshold of 15 days per annum is not too high for brilliant whizz-kid young executives. If they boast about doing 18 hours a day in the City, I am sure they could manage to turn up here for 15 days per annum.

Oh—I am sorry. I should say, first and most importantly, a happy birthday to the noble Lord, Lord Wallace of Saltaire.

The noble Lord, Lord Newby, was highly supportive of a minimum threshold level, but I suspect that his strong support from the Lib Dems will not enamour him to my noble friends behind and around me. Nevertheless, he did say that we would need future legislation on this. I say to the noble Lord and other noble Lords: look at my Amendment 32, coming up later, because there I see that, in order to avoid future legislation, we can take a special delegated power, a regulation, to make any amendments the House decides in future without further Acts.

My noble friend Lord Strathclyde also said no retrospectivity, and I think he supported 10% as well. My noble friend Lord Trenchard suggested about 15%, so long as the House does not change its sitting hours, and that is a valid point. My noble friend Lord Hannan made a brilliant speech as usual—tremendous rhetoric—and I agree entirely with him. Having 850 Peers on the books is not a real problem, and it is not a problem if only 450 turn up regularly and the others do not come. They are not claiming any money and there is no cost to the system. But the reason we are here, I say again, is that the Government say it is a problem. The Government say there are far too many Peers. The Government want rid of Peers and their solution is to get rid of 88 hereditaries, 70 of whom do turn up. I suggest it is better, if we want to reduce the numbers, to do it through the measure I propose here.

My noble friend Lord Dobbs supports the noble Earl, Lord Devon, and says that the Government should reach out across the House to try to reach agreement. The noble Lord, Lord Sentamu, criticised having these amendments to the Bill—but, as I said at the start, it is perfectly legitimate to amend any Bill. The Government have drafted it very narrowly. They do not have to draft it narrowly; it is legitimate to amend it.

My noble friend Lord Bellingham again supported the noble Earl, Lord Kinnoull. He liked the idea of excluding those who do not turn up for six months at a time, following the Local Government Bill. It is an idea to be explored. My noble friend Lord Bethell said that parliamentarians need to appreciate—he thanked me kindly for raising this concept—that it is right that Peers do turn up.

My noble friend Lady Lawlor said that the Government should seek consensus across the House. I am grateful that my noble friend Lord Parkinson of Whitley Bay said he found the Excel spreadsheets useful. He made a brilliant and witty speech. But I am not quite sure what percentage he would recommend to the House. If I missed that, I am sure I will be corrected later on. He played a very careful sitting-on-the-fence game, which is an important political skill.

As for the Minister, I like her generally warm welcome for the concept of a threshold, and I think she was being very honest and sensible in saying that. Of course, she says it is not for this Bill. Again, I refer her and noble Lords to my Amendment 32, which may solve that problem.

So I am pleased to have tabled these amendments and I take credit for two things. I think my amendments have provoked and prompted better amendments from some other noble Peers, and of course the Excel spreadsheets have given us all something of substance to talk and argue about. Without those spreadsheets, we would be talking in vague generalities.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Wednesday 12th March 2025 Lords Chamber

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, the time limit is 10 minutes. If the noble Lord could wind up, I would be ever so grateful.

[Lord Moore of Etchingham (Non-Afl)]

Forgive me; I end by saying that, if only the Government could apply the wise restraint they show on the matter of the Bishops to the very similar position of the hereditary Peers, they would drop this divisive and unnecessary Bill.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Northbrook (Con)]

Before the Minister sits down, may I kindly ask him to comment on the claim by the noble Lord, Lord Grocott, that the amendments to the Bill in this group are too wide-ranging in scope? The clerks have been clear that amendments on the composition of your Lordships’ House are in scope on the basis that the removal of one group of Members is closely connected to, and has repercussive effects on, the wider membership. I believe it is against the practice of the House implicitly to criticise the clerks on the Floor of the House, which the noble and learned Lord appeared to do. Apparently, on 12 March the Government tabled amendments to change the scope and long title of the Employment Rights Bill. The Government have therefore done it on another Bill, so there is no need for the concern of the noble Lord, Lord Grocott, on this Bill.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, on behalf of the Government, I thank the noble Lord for his question. Obviously, it is not appropriate for the Government Benches to respond. The clerks have been clear, and we are discussing all amendments as laid out. We are on the second group of 12 today, so I beg we move forward.

[Lord Wolfson of Tredegar (Con)]

My Lords, I am going to move forward by thanking everybody who contributed to that very interesting and informative debate. I did not declare an interest as a practising barrister—although of course I am—because I do not have any outstanding cases from the Supreme Court. The reason for that is that I received judgment in my last case in the Supreme Court only last week. Full disclosure—I lost. I knew things were bad when I saw in the draft judgment that the court had been very kind about how well I had argued it. That is always fatal; when the court is nice about the way you argue a case, it is going to decide against you. It is an immutable rule of English jurisprudence.

I am grateful for all the support I received on these points from various parts of the House, particularly from the noble Lord, Lord Anderson of Ipswich, who brought his experience to bear. I listened extremely carefully to what the noble and learned Lord, Lord Hope of Craighead, said about participation; that is a real issue. However, I was somewhat alarmed to hear that the first the Law Lords heard of the demise of that venerable institution was on the TV and that they had not been told in advance. I would have thought that a Labour Government would have wanted to tell people about any change in their—so to speak—employment status. Again, it is such a shame that the noble and learned Lord, Lord Falconer of Thoroton, is not among us.

As far as the noble Lord, Lord Newby, is concerned, the answer to the point he gave about individuals was precisely the point that was made by the noble Lord, Lord Anderson, and that was made thereafter by my noble friend Lord Murray. I confess that whenever it comes to a bust-up between Gladstone and Disraeli, I will invariably be on the side of Disraeli.

I am grateful for the support from my noble and learned friend Lord Keen of Elie, both by way of him adding his name to my amendments and from his position on the Front Bench. I wonder whether the reason I received the advice that I would be effectively barred from becoming a judge—although the prospect of Wolfson J was always somewhat theoretical—was because I was becoming a Minister and not a law officer. I was a little surprised, but there we are.

I am extremely grateful to the Attorney-General for his response. He is right that there appears to be a consensus across the Committee that we need to find a way to have more judicial Members here, at the right time. I therefore look forward to continuing the conversation. I would make only one final point: my understanding is that so far as unamended Bills are concerned, in the previous Session only four Bills went through entirely without amendment. Two were money Bills, one was an emergency Bill and one was a Bill on animal welfare that had cross-party support. It is a somewhat worrying approach for a Government to say, ab initio, and before listening to the debate, that they will brook no amendments at all, even if they have cross-party support in principle, as this one has. With that caveat, I will withdraw my amendment.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord True (Con)]

My Lords, I agree with my noble friend Lord Attlee’s remarks about the Wakeham commission report, which deserves examination.

I congratulate my noble friend Lord Dundee on his set of amendments. He has clearly thought extremely carefully about his approach and I fully agree that, as we go forward, we should primarily be guided by the functions of the House and their effective performance. How we should be constituted should flow primarily from that.

My noble friend has set out an ingenious and comprehensive scheme for reform and a mode of transition towards it. He proposes indirect elections. I fear it may be a personal fault in me to believe that, should there ever be an elected element in the upper House, it should be directly elected by the people, although I well understand the considerations that have led my noble friend to the conclusion he reached.

As my noble friend acknowledged, a number of the themes in his amendments have been discussed under their specific heads in other groups on the Bill. He will therefore forgive me if I do not pursue them again now. However, although I welcome his view that a strong independent element should remain in the House, the figure he suggests of over 30%—a third larger than the number of Peers allowed to the Government under his scheme—is surely too high.

If we were ever to have a written constitution— I venture to hope we should not—I am sure that the framers would wish to consult my noble friend on the details of his proposals for the House of Lords, given his careful consideration of the matter. In the interim, I thank him for his thoughtful and considered reflections. I am certain that they will be studied carefully by those in the future genuinely contemplating reform.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, I admire the ingenuity and ambition of the noble Earl, Lord Dundee, in tabling these amendments, in addition to the careful consideration he has given in presenting a package of reforms. He poses a range of questions about the future composition of your Lordships’ House. However, the noble Earl will understand that we cannot accept them, as we are currently engaging in wider discussions with noble Lords from across the House about the way forward.

The noble Earl will be aware of the Government’s long-term ambition for more fundamental reform by establishing an alternative second Chamber that is more representative of the regions and nations of the UK. The Government’s manifesto makes a commitment to consult on proposals to provide an opportunity for the public to contribute their views on how to ensure that this alternative Chamber best serves them. As an aside, I note that the noble Earl’s Amendment 79 does not include the public in the list of people whom the Secretary of State would be obliged to consult.

The Government are open to differing views on what an alternative second Chamber could look like. Nothing on this matter is settled and it is right that we continue the debate, including with the public at large.

With the greatest respect to the noble Earl, his amendments would put the cart before the horse and bring forward a comprehensive package of reform, not only before the public have had the chance to have their say but with a pre-empted outcome. I therefore respectfully request that the noble Earl withdraws his amendment.

[The Earl of Dundee (Con)]

My Lords, I am grateful for the kind remarks from both Front Benches. I very much take on board the comment of the noble Baroness, Lady Anderson, about how the public should be consulted. On Report, perhaps one of the first things that it might be constructive to do is to bring back a revised amendment that incorporates that consideration.

If we agree that what should come first and foremost is the quality of legislative scrutiny and other high-standards benefits of this House, to which membership composition is secondary and subservient, then in the light of that prescription and within this grouping, your Lordships may agree that three aspects should perhaps be brought back on Report: first, the proportions and numbers indicated for different Benches in a reformed House; secondly, the role of the Appointments Commission; thirdly, that of the electoral college.

Fortunately, in the present House, the quality of legislative scrutiny is able to be as good as it is in spite of the political patronage system that appoints numbers here indiscriminately.

However, that system of indiscriminate appointments of numbers would, surely, undermine a reformed House, within which good-quality results are likely to be sustained all the same, provided that respective numbers are established in the first place, such as the proposed 200 non-political Cross-Benchers, having 50 more Members than the two main political parties, with 150 each. Having said that, I appreciate the comments of my noble friend Lord True, who takes the view that that might not work, while my view is that it could probably be made to work.

Although HOLAC or a statutory appointments commission is the way to increase as necessary the numbers of non-political Members in a reformed House, nevertheless, on Report a further amendment is needed to safeguard the reputation of the commission and its usual procedures of appointments against judicial challenge.

Equally, for the reasons already outlined, although an electoral college indirectly electing 400 political Members protects United Kingdom democracy better than direct elections of 400 political Members would, Amendments 75 and 79 should still both be revisited on Report, in connection with further evidence supporting, in comparison with direct elections for a reformed House of 600 temporal Members, the greater usefulness, authenticity and public benefit of the formula proposed, which consists of indirect elections for 400 political Members combined with commission appointments for 200 non-political Members.

Meanwhile, I beg leave to withdraw Amendment 74 and will not press my other amendments in this group.

--- Later in debate ---

[Baroness Finn (Con)]

My Lords, I start by making it clear that we value the contributions of all noble Lords in this House, regardless of whether they have served as Members in the other place or as special advisers in government. I say this with a smidgen of self-interest, as a former special adviser myself, and in full awareness that my noble friend Lord Parkinson of Whitley Bay served as special adviser to my noble friend Lady May of Maidenhead, who, of course, is not only a former Member of Parliament but a former Prime Minister. Your Lordships’ House benefits a great deal from their service, as it does from many others who have come from the other place or through government.

None the less, these amendments raise the interesting question of what this House is for. It is reasonable to consider the broader experience that we need to fulfil our responsibilities. It is important that this House remains a distinct second Chamber and that we do not blur the lines between the two Houses.

Your Lordships’ House benefits from a large membership with broad experience and expertise, whether from former Members of Parliament or otherwise. The House of Lords Library has produced useful research in this area, which tells us that 21% of noble Lords have previously served as MPs in the House of Commons; that is 181 former MPs. Unfortunately—or perhaps fortunately—the House of Lords Library does not readily provide information on the number of former special advisers, but, as we know, there are at least three of us in the Chamber this evening. I understand why some noble Lords might consider a cap on the number or proportion of ex-MPs and special advisers, as proposed by my noble friend Lord Parkinson of Whitley Bay’s amendments, to be beneficial and to ensure a balance of perspective and experience in your Lordships’ House.

The expulsion of our hereditary colleagues would deprive us of a huge amount of private sector experience, which cannot easily be replaced. The Bill stands to exclude chartered accountants and surveyors, the former president of the Heavy Transport Association and a former managing director of Paperchase. They are among many more examples of businessmen, entrepreneurs and industry titans whose perspectives we will greatly miss. We should not take their experience and expertise for granted; it is vital for the scrutiny of legislation that affects businesses, markets, industry, workers and employers alike, and our wider economy, that our private sector is properly represented by those who know and understand its operation.

Of course, having a background in politics does not preclude one from having other types of experience. Indeed, it is valuable experience in itself. Some of our most effective Members are those who have been here the longest and who have learned over the years how to get things done within Parliament and across government—critical skills in a legislative Chamber.

The other suggestion that we have discussed is what I consider a cooling-off period, as proposed by my noble friend Lord Parkinson’s Amendment 87. It is an interesting suggestion that might alleviate an external perception of political patronage and perhaps lighten the pressure on Prime Ministers to confer such patronage. However, I do not believe that it would be right for this House to limit the ability of a democratically elected Prime Minister to make the appointments that they wish.

As my noble friend pointed out, these amendments cause us to consider the House of Lords as our second Chamber. We fulfil a role that is very different from that of the other place. We have the time and ability to scrutinise and revise legislation in a way that the House of Commons does not, while respecting the will of the elected House. This House is one of the highest-quality revising Chambers in any democracy, and it is a role that the House rightly takes very seriously.

Your Lordships’ House has a constructive, consensual way of doing things. It should desist from becoming more party political and more like Punch and Judy than noble Lords are used to. We should be wary of any such trends. Your Lordships’ House works best when we treat each other with respect, making revisions and posing questions constructively. One of the many negative effects of losing our hereditary Peers is that we will lose a great number of those who act as the custodians of the conventions and manners of this House.

To conclude, I do not support the literal interpretation of the amendments in the name of my noble friend Lord Parkinson of Whitley Bay, but I understand and sympathise with the intention with which they were tabled. We welcome the contributions and experience of all noble Lords, but it is right that we should reflect on what we will lose with the removal of our hereditary colleagues. It is also right that we reflect on the unique role that your Lordships’ House has in our parliamentary democracy and the need for us to uphold our distinct customs and conventions to continue that role. I thank my noble friend for giving us the opportunity to reflect on and debate these thoughtful proposals.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, this is an intriguing set of amendments, particularly given the professional experience of the noble Lord, Lord Parkinson of Whitley Bay. I declare my interest as a former Member of Parliament myself. I hope, as far as the noble Earl, Lord Attlee, is concerned, that it would be my stratospheric reputation that earned my place here—

[Noble Lords]

Hear, hear!

[Baroness Anderson of Stoke-on-Trent (Lab)]

—although I may be slightly too young for the retirement home for ex-Members that the noble Lord, Lord Parkinson, referred to.

Since I joined your Lordships’ House, I have had an unusual aspiration: to get “chutzpah” into Hansard—I look forward to seeing its spelling. I believe that the noble Lord’s amendments have given me such an opportunity. We are very lucky in your Lordships’ House to draw on a range of expertise from across public life, law, science, academia and the arts and cultural sector. We have former Permanent Secretaries of government departments, former or current vice-chancellors of universities, news editors and a number of former presidents of esteemed institutions, as outlined in the last group, and we even have BAFTA winners among us.

It is true that a significant proportion in this Chamber are former Members of Parliament: at the last count, it was 21%. We also have a number of former special advisers in this place—some are sitting on the Benches opposite me. I should declare at this point that I have many friends who are current and former special and political advisers. I do not think that is such a bad thing. Your Lordships’ House is predominantly a political house. The Prime Minister invites party leaders to nominate individuals to this place, and party leaders choose who should best represent them. It is likely that many of the people they nominate have a political background as special advisers or former Members of Parliament, Members of the Scottish Parliament, the Senedd or the Northern Ireland Assembly.

Both Houses work most effectively when we understand the day-to-day workings of the other. As a former MP, I have certainly found the experience of the other place very useful as we consider how this House can work best—and how much more effective we can be than some of my former colleagues in the other place. In addition, a number of noble Lords who have been Members of Parliament have also been Ministers. They have a deep understanding of departments and how the work we do here affects government and the delivery of public services.

Former special advisers, recent or otherwise, too have valuable experience to bring to your Lordships’ House. For some Peers, their time as a special adviser or political adviser was one role among many that have led to their appointment to your Lordships’ House and is not necessarily the reason they were appointed. The noble Lord, Lord Cameron, is an obvious example. He was a special adviser before he became an MP, but I do not believe that that is the reason he was appointed to your Lordships’ House. The same could be said on my Benches for my noble friend Lord Reid, who was also an adviser but held many posts in government.

There are many other former special advisers from across the House who bring valuable insights to our work, both from their days as special advisers but also often from outside this experience. Such perspectives are incredibly valuable in this place. They deepen and enrich our ability to scrutinise legislation and hold the Government to account. As someone who regularly signs off a significant number of Written Parliamentary Questions, I often reflect—to my genuine concern—on the insight held by former Ministers and special advisers about the mechanisms of government. They bring a genuine level of scrutiny and insight.

It is, of course, important that we maintain a non-party political element to the House of Lords. The Cross-Benchers especially provide specialist expertise and insights that we would not always find on the political Benches. As the Government have said repeatedly during these debates, it is just as much about what Peers bring to this House and their willingness to contribute to proceedings as about their experiences and achievements before they came to this place. After all, I note that the noble Lord, Lord Parkinson, is truly proving his worth with his extensive contributions throughout Committee.

It is up to party leaders, including the Prime Minister, to decide who best represents their political parties in the House of Lords. It is right that they are able to choose who is most suitable. Restricting party leaders’ ability to choose knowledgeable, experienced figures to sit in this House just because they have a political background would be a disservice to us all. I respectfully request that the noble Lord withdraws his amendment.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to the Minister for that reply and for the most generous defence of special advisers that I have heard outside of the Thursday evening drinks we used to have at the Two Chairmen pub when I was in government, when the special advisers used to get together for a chinwag. I accept all the points she made, not just about special advisers but about Members of Parliament and the great contribution they bring, as I acknowledged in my speech. I see that as well.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

I conclude by thanking the noble Baroness, Lady Hoey, once again for her amendment, the sentiments behind which I support, and I look forward to the Minister’s reply.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, before I turn to the substance of the amendment, I place on record my congratulations to the noble Baroness, Lady Hoey—whose ingenuity, as ever, I admire—on finding a new way for us to debate the Windsor Framework in your Lordships’ House.

I want to reassure all noble Lords who participated in this debate, but especially the noble Baroness and the noble Lords, Lord Morrow, Lord McCrea and Lord Weir, that I am always more than happy to debate the Windsor Framework and its implementation at any time. In fact, since the general election, we have discussed it in your Lordships’ House, through the method of regret amendments, for many hours, and I have been here, as I am sure the noble Baroness will testify, for every moment of said debates. I therefore hope that noble Lords know of my personal commitment to Northern Ireland, along with that of my noble friend the Leader of the House of Lords.

I know that noble Lords were quoting from the Telegraph today, but I hope that they do not question the commitment of Government Front-Benchers to Northern Ireland and the events happening there. I would welcome a conversation outside this Chamber with the noble Baroness about how we can move forward and perhaps engage with some of the signatories to the letter.

I also want to thank the noble Baroness, Lady O’Loan, for her reassuring voice and the contribution she has made in respect of young people from across the United Kingdom, but especially from Northern Ireland; this House is as accessible to them as it is to any other British citizen. I say that as a working-class woman born in Edinburgh, educated in Bristol, with a London accent, who is proud to have “Stoke-on-Trent” in my title and to be a Member of your Lordships’ House.

On that note, I also want to thank the noble Lord, Lord Wallace of Saltaire, for his considered comments on the future of democracy. We have a Question on Thursday which I will be replying to, and which he may like to participate in. I also want to recognise the contribution of the noble Viscount, Lord Brookeborough, and to place on record my thanks to him for hosting me when I visited in February. Brookeborough House now hosts a facility to support veterans who served during the Troubles; it was a privilege to meet him and the veterans at his house.

I want to thank the noble Baroness for her amendment and all noble Lords for their contributions. The Government are clear that this House works best when diverse perspectives are represented, including from all nations and regions of the United Kingdom. Alongside the noble Baroness, Lady Hoey, we have a number of Peers from Northern Ireland who have brought so much to the House. We currently have 12 former Members of the Northern Ireland Assembly, two of whom are former Speakers there, and two former First Ministers. Such diversity deepens and enriches the House’s ability to scrutinise legislation and to hold the Government of the day to account; I think I can speak for the noble Lord, Lord Caine, too, on that issue. I, for one, very much enjoy working with noble Lords on these issues, which are so relevant to Members of your Lordships’ House: from legacy-related issues to public service transformation and the post-Brexit trading environment, which has been today’s theme.

As has been mentioned before, it is the responsibility of party leaders, including the Prime Minister, to consider who is best placed to represent their party in the House of Lords when nominating individuals to your Lordships’ House. I would hope that, as part of that consideration, Prime Ministers reflect on the national and regional representation of this place. The Government have also committed to more fundamental reform by establishing an alternative second Chamber that is more representative of the regions and nations of the United Kingdom. I hope that gives some reassurance to the noble Lord, Lord Weir. We will consult on proposals to provide an opportunity for the public to contribute their views on how to ensure that the alternative Chamber best serves them. I therefore respectfully request that the noble Baroness withdraw this amendment.

[Baroness Hoey (Non-Afl)]

My Lords, I thank the noble Baroness for responding in her usual way and showing that she actually cares about Northern Ireland. We all know she does very much, and we are very lucky to have her on the Front Bench. I also thank her for mentioning the young people and the Daily Telegraph letter. I was very disappointed that the opposition spokesperson did not even mention that and that he was more interested in the history of Irish Peers. I thank the noble Baroness for that; perhaps it might be helpful if we arrange a meeting for those young people next time she is in Northern Ireland. That would be very helpful.

I will pick up just one point to make this clear. The noble Baroness, Lady O’Loan, and others mentioned the idea that somehow any young person in Northern Ireland could be elected, just like any other normal person. That is not the point; the point is that they cannot be elected to anywhere that makes the laws for their own country. I really do not understand why noble Peers do not understand this: no one in this House can make laws for part of Northern Ireland in those 300 areas of the law.

I will give your Lordships two quick examples: the two “p”s—pets and parcels. Not a single person in Northern Ireland had a say here about what was going to happen with parcels being sent from people in this country to Northern Ireland, which is part of the United Kingdom. No one had a say on pet passports. They had nothing to do with democracy in this place, in the House of Commons or in Stormont. It is a nonsense to say that people are being treated in the same way.

I thank the noble Baroness the Minister for talking about my ingenuity. Lots of other people are involved in this. I will give way.

House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, given the hour, I can also be brief, because the essential points have been made by the Convenor and by my noble friend Lord Young of Cookham. In essence, what lies behind all these proposed amendments is the question of effectiveness and the importance of putting in place some transitional arrangements to make sure that we do not face the cliff edge, to pick up that phrase from the Convenor, which would be to the detriment of all of us in this House and, indeed, to Parliament generally. We have, as my noble friend Lord Parkinson of Whitley Bay reminded us, a bicameral Parliament and we have to make sure that both Houses work well together. So, the critical point here is that of effectiveness.

This group shows again why analogies are dangerous in this area. The noble Lord, Lord Grocott, spoke in the last group and we had, yet again, the analogy with MPs. It is not a good analogy. The problem with analogies, as a Court of Appeal judge once put it to me, is that they are different, and we are dealing with a vastly different circumstance here: hereditary Peers leaving this House as against MPs leaving the House of Commons in a general election.

The central issue here is one of effectiveness and proper transitional arrangements. Therefore, I look forward to the response of the noble Baroness the Lord Privy Seal to these various options as to how we might best proceed here.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

I am afraid I start by disappointing the noble Lord.

[Lord Wolfson of Tredegar (Con)]

Forgive me—I apologise.

[Baroness Anderson of Stoke-on-Trent (Lab)]

As long as it is not a disappointment, my Lord. It would have been a disappointing end to Committee—although we have one more group to go—if we had got to the final groupings without reference to the now famous spreadsheets of the noble Lord, Lord Blencathra. So, I thank him for that.

With regard to some of the comments, before I move on to the substance, I just want to correct for the record a couple of things. I believe that the noble Lord, Lord Parkinson, underestimates the interest of our colleagues at the other end of the building: not least, I believe that my fiancé is watching on television, so I am pretty sure that some Members of the other the other place are interested.

[Lord Dobbs (Con)]

I was wondering. I bet a fiver that that lot at the other end of the building are not sitting. If they are sitting in front of a television at home, they are not sitting in that Chamber, as we are. The analogy between us and them and our salaries simply does not hold water.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the noble Lord for his comments. I am a former Member of the other place and I am very aware of their sitting hours. They sit earlier than us. Also, my other half is sitting in his office doing casework while he waits for me to finish. Their hours are extensive and many Members of the other place work excessive hours. It was not unusual for me to work 100 hours a week as a Member of Parliament. I work not dissimilar hours serving your Lordships’ House.

I would also suggest that not only does the noble Lord, Lord Parkinson, underestimate other colleagues, but I want to correct the record for both him and the noble Lord, Lord Moylan. Actually, 13 Bills have received Royal Assent since we took office.

I also thank the noble Earl, Lord Kinnoull, and the noble Lord, Lord Young of Cookham, for their thoughtful contributions, which I think changed the tone of this evening’s debate.

As we have heard, the amendments in this group would delay the commencement of the Bill. Noble Lords may be about to experience a sense of déjà vu, as much of my response will sound familiar from the past two groups. I think it is a fair to observe that the topic of commencement has been particularly affected by the groupings, not necessarily at the request of individuals Members, so I apologise to noble Lords if this feels repetitious.

At one end of the scale, Amendment 107, proposed by the noble Lord, Lord Young of Cookham, would delay commencement until the end of the Session after the Session in which the Bill is passed. The amendment proposed by the noble Lord, Lord Blencathra, goes further by delaying it until the end of the Parliament in which the Bill is passed. The amendment proposed by the noble Lord, Lord Parkinson of Whitley Bay, would delay the removal of hereditary Peers from this place until the end of the Parliament after the Parliament in which the Bill is passed, which would potentially delay the implementation of this overdue reform until as late as 2034—not that I know the dates of future general elections. Just for the record, we talked about future general elections and MPs having an appreciation of that. I was an MP for four and a half years, and I fought three general election campaigns. I did not really have time to prepare for my departure in the way that has been suggested.

As to Amendment 107A proposed by the noble Lord, Lord Moylan, it appears to make the Act come into force at the end of the Session of Parliament which the Secretary of State appoints by commencement regulations. We cannot accept any amendment that would cause delay to the commencement of the Act. The Bill currently provides that it comes into force at the end of the parliamentary Session in which it receives Royal Assent, as set out in Clause 4. In response an amendment tabled by my noble friend Lady Hayter, in the previous group, my noble friend the Leader of the House made it clear that these arrangements seek to ensure the timely delivery of our manifesto commitment without undermining the business of the House and are entirely consistent with the approach taken in 1999. I respectfully say to the noble Lord, Lord Moylan, that the Government already have a precise plan of when to bring this legislation into force, as set out in Clause 4. It is not a good use of the time of the Government, nor indeed that of the House, to require an additional piece of legislation to commence the Act. Given all that has been repeatedly said, I respectfully ask the noble Lord to withdraw the amendment.