House of Lords (Hereditary Peers) Bill

Baroness Meacher Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I really think we are giving these matters a significance they do not deserve. I absolutely do not think that the Privy Council should be made responsible for the adjudication. That might have been the case in 1833 and while we had hereditary Peers dominant in this House, but the truth is that the possession of a hereditary peerage will confer no right to sit in this House of Lords. That being so, what is the purpose of this amendment? There is often dispute between prospective Peers: one says that they are entitled and the other says that they are. Well, that is a matter for them. It is a sort of boundary dispute. It would perhaps be a proper matter for a county court—or if, for that matter, there was a financial settlement of some substance, maybe for the High Court—but the idea that the Judicial Committee of the Privy Council or the Supreme Court should be involved in a quarrel between two people claiming to be a hereditary Peer is complete nonsense.

[Baroness Meacher (CB)]

My Lords, the noble Viscount, Lord Hailsham, seemed to indicate that hereditary Peers may not exist here in the House of Lords in the future, and I think the noble Lord, Lord Wolfson, indicated something similar. At what point will there be no hereditary Peers in the House of Lords, and how might that situation—which I would strongly support—come about?

[Lord Moynihan (Con)]

My Lords, I support my noble friend Lord Wolfson’s Amendment 93. I totally disagree with my noble friend Lord Hailsham on this. It is a matter of significant importance to families, whether it is about a peerage or about entitlement with regard to due process around issues such as inheritance and legitimate descent.

For my part, I exceeded the 100 days set out in the Tony Wedgwood Benn renouncement Act, which was passed in 1963. Post 1963, you could not renounce further than 100 days unless you had clarity within that 100 days about renouncing. I was a Minister in another place at the time. I therefore went through six years of process to satisfy my family, and indeed my grandfather and father, that the rightful inheritor of the title and a small estate was indeed one of three boys, I being the man at the time—there were two young boys. I say to my noble friend that I felt duty-bound to go through that process and, on behalf of the family, to come to the right conclusion. My experience lasted some six years of detailed work: it went through the Tunbridge Wells Magistrates’ Court and the Family Division and ultimately came here.

I think my noble friend is trying to seek clarity and find a Bill in which that clarity can be made available to disputes outside this Chamber as well as, as currently, to people within it. In many respects, the burden of proof is very significant. In my case it was the first use of DNA, to refute the paternity of my half-brother’s fourth wife’s child and then to finally render his son illegitimate from the fifth wife because of a bigamous marriage and forgery of the divorce papers. I simply put that in the context of the difficulties that some of these cases lead to.

The monarch’s role, while symbolic, still carries weight in recognising or confirming legitimacy of hereditary peerages and of a claim. Each case is unique. The process can be lengthy and complex, especially where controversy and legal disputes apply. I believe the Moynihan case underscores the intricate nature of peerage succession and the legal challenges that can arise concerning legitimacy and inheritance. As I say, that is not primarily because of a seat in the House of Lords: it is a matter of family. I think everybody here and their families want to make sure that they know who their parents are and that, especially if some great act has been done by a forebear, it is recognised in the family and there is due process. Given that peerages are granted ultimately through the symbolic role of the Crown, I think that the simple amendment that my noble friend has put forward, and the Lord Chancellor’s response, will be very helpful in this context.

The process outlined by my noble friend Lord Wolfson, drawing on the House of Lords Reform Bill in 2012, is right. My only concern is that the cost of the process should never deter to prove a legitimate case being heard. I represented myself in court at each stage of the process. That is not always possible for people who genuinely want to make sure that the right outcome is determined.

I am sure the Attorney-General will give us clarity as to the process to be followed. If there is the opportunity and necessity for an amendment to be made, it could well be made through this Bill in order to clarify the position moving forward, without any relevance whatever to a seat in the House of Lords.