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.