House of Lords (Hereditary Peers) Bill

Baroness Smith of Basildon Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Newby (LD)]

My Lords—

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

It is appropriate that we hear from the Lib Dem Benches, as we have not heard from them yet.

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[Lord True (Con)]

My Lords, I have put my name to my noble friend’s amendment. My noble friend, as a former Chief Whip; my noble friend Lord Taylor of Holbeach, as a former Chief Whip; my noble friend, who is a former Leader; and I as a former Leader: we all know that there is a serious issue of law and principle that needs to be addressed here. I agree with the very wise words and advice to the House from the noble Lord, Lord Wallace of Saltaire.

The noble Lord, Lord Harris, took exception to a speech I made at the outset of these debates. In part of that speech, I said that there are several parties to this legislation. One is the Government’s desire, which we accept, to stop the inflow of hereditary Peers; the other is the views of other parties in the House; but there is an overriding interest of the House. This is a House of Parliament, and there is a Bill before us which directly affects your Lordships’ House. It is absolutely reasonable, as the noble Lord, Lord Wallace of Saltaire, submitted, that this House of Lords should put forward propositions for sensible and limited amendments to legislation that will improve, potentially, the reputation of the House. I believe that this proposal fits squarely into that. I assert the simple principle that those who cannot conduct their own affairs should not conduct the affairs of Parliament. If this is not addressed, it risks one day bringing disrepute on this House.

The clear intention of the House at the time of the 2014 Act that brought in retirement was exactly that those life Peers who no longer wished to take part in the House, or who perhaps felt that their powers to do so effectively were declining, might retire permanently from the House. That was a sensible and useful reform, but, as has been described in the debate, a potential problem has arisen. In the 2014 Act, it is clear that a Peer must personally sign a witness document stating that he or she is wanting to retire. That was the clear advice I received from the House authorities when I was Leader: that where a Peer has ceded control of his or her affairs by means of a lasting power of attorney, as explained to us by my noble and learned friend Lord Garnier, doubts have been expressed as to whether the Clerk of the Parliaments could accept the letter of a duly appointed attorney as conclusive in relation to retirement. Thus, as my noble and learned friend said, in extremis an attorney might be able to sell the property of an individual, move their bank account contents anywhere or put them into a retirement home, but they could not effect a request for that Peer to retire from the House. That is a quite extraordinary position.

In the worst imaginable case, an attorney might know that a Peer is wholly incapable of managing his or her own affairs but could not prevent that Peer coming to the House to take part in directing the nation’s affairs because no valid document of retirement could be presented to the Clerk of the Parliaments. Such circumstances should never arise, and they would never be accepted in any House of Parliament in most other countries of the world. I simply disagree with the view expressed that an amendment cannot be considered or accepted because it was not part of the original intention of the Government in presenting a piece of legislation. I have presented many pieces of legislation to your Lordships’ House on behalf of the Government and found that the House did not agree with the purpose I had in mind for the Bill, but that it thought that the Bill might be a useful vehicle for making changes to the betterment of the public weal.

If there is before us a vehicle that could enable us to do something swiftly and easily that would be useful for this House and for Parliament, I believe we should take that opportunity. This is not a question of prevarication or wanting to cause difficulties. It is the easiest and simplest thing to do and would involve a 15-minute debate on Report if we get agreement on a way forward, if that is necessary. This Bill provides an obvious opportunity to put the law beyond doubt. It is under doubt and it is conflicting advice, and we have a vehicle through which we could make it clear. The issue has no relevance to politics or to the other contentious issues in the Bill. In my submission, it is simply common sense. Frankly, it is an amendment to the law that no one in the other place could conceivably take any exception to.

I trust very much that your Lordships will support my noble friend and take advantage of this opportunity to set this small but important matter beyond doubt, if it is indeed necessary to do so. I know that the noble Baroness the Leader of the House takes this matter very seriously—we have had the opportunity to discuss it and other matters in our normal conversations—and that she will give full consideration to the arguments of my noble friend. But it is my submission that the Bill should not leave this House without this difficult and sensitive matter having been solved swiftly, clearly and permanently, and with the utmost, crystalline clarity.

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Lord, Lord Ashton of Hyde, for raising this issue, as he knows from the brief conversation we had about it. We have heard from two former Chief Whips and two former Leaders of the House how serious an issue this is. For me, it is a matter of the dignity of the Member. Where Members are not able to participate in the role of this House, particularly Members who have—I hesitate to say “career”—given distinguished service to your Lordships’ House, they should be able to leave with dignity.

I am slightly ahead of noble Lords. One of the first things I did as Leader of the House, knowing there had been problems in the past, was to seek further legal advice on this matter. I am still seeking advice, and I think there is a way forward, but there is not much more I can say at this stage. It is an issue that needs careful consideration.

I am sorry that the debate has been a little “It must be in the Bill”; I think that the best way forward is to give effect to it quickly, and I do not really care what the vehicle is. We may be able do it more quickly or we may have to wait to pass legislation, but what I can say is that it is more legally complex. It may be that a change in the law is not the best way and is not what is required; it may be that we can do it from the House itself. Those are issues that I am looking at at the moment. I am happy to talk to the noble Lord about it, but I am looking at ways to give effect to this.

I ask the noble Lord to withdraw the amendment and give him the assurance that we will return to this issue. As the noble Lord, Lord True, said about our conversations, it is one of the first things that I raised with him very early on, soon after I became Leader, as I feel that it has been around for far too long and it needs resolution as quickly as possible. This engages a number of issues, but I assure your Lordships that I will take this away and bring something back to your Lordships’ House in one form or another. I ask the noble Lord to withdraw his amendment, but I give him my assurance that this is not something I will let drop: I have already been working to get a resolution as quickly as possible.

[Lord Ashton of Hyde (Non-Afl)]

I thank all noble Lords who have spoken, including the noble Lord, Lord True, and the noble and learned Lord, Lord Garnier, who added their names to this amendment. I particularly thank the Leader of the House for her encouraging words.

I was a bit disappointed by the point from the noble Lord, Lord Harris, which was, to a certain extent, a political point—that there should be no amendments to the Bill and that, even if we have a perfect vehicle to achieve the solution to a problem, we should not use it. The Leader of the House has said that there may be other ways and that the most important thing is to address the problem, which we all agree exists. I am grateful to the noble Lord, Lord Wallace, who explained better than I can why the noble Lord, Lord Harris, was in error, but he may not agree.

On the basis of what the noble Baroness said, for which I am grateful, I beg leave to withdraw the amendment. I think we can address this before Report and deal with it then.

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[Lord Wolfson of Tredegar (Con)]

My Lords, I will respond from these Benches to these three amendments, which all seek to hold the Government to their manifesto commitment to deliver “immediate”—that was the word used—reform of the House of Lords. I mentioned that commitment in my Second Reading speech on this Bill.

I can be brief this evening as the essential points have been made by, in particular, the three noble Lords who tabled these amendments. We have heard much of the Government’s plans, and there has been much talk in these debates of the importance of punctuation in the Government’s manifesto, but the central point on these amendments is this: the Government ought to give the Committee reassurance that the wider reform will come and, importantly, that it will come soon.

When the House of Lords Reform Act 1999 was passed, the Government claimed that the compromise as to some hereditary Peers remaining in your Lordships’ House would act as an encouragement to the Government to complete their reform of the House. However, we are now more than two decades on and still the Government have not brought forward to this House—as opposed to a few sentences in a manifesto—anything approaching proper reform. The obvious question is: why?

The Government often say that, if we seek to change everything, we run the risk of changing nothing, but the truth is, as we all know, that legislative time is precious. In SW1, the most valuable commodity is parliamentary time on the Floor of a House. We have seen Governments fail to deliver second-stage reform before, so why would it be different this time? As the noble Lord, Lord Newby, rightly pointed out, the noises off—if we can call them that—are not encouraging at all.

Therefore, I completely understand the concerns of the noble Baroness and noble Lords who have brought these amendments. We should reasonably expect the Government to give the Committee a much clearer sense of when, in their already busy legislative timetable, they intend to bring forward the next stage of reform. This House, on this issue, is very much once bitten, twice shy. I look forward to hearing from the Leader of the House on this important issue. I hope that she can be more definite than saying, “At some time in this Parliament”.

[Baroness Smith of Basildon (Lab)]

My Lords, I smiled at the point where the noble Lord said that “the party opposite” had done nothing for two decades. I just have to remind him that, for 14 years of those two decades, he was in government and we were not, which did hamper our ability to take action.

I want to thank the noble Baroness, Lady Smith of Llanfaes, the noble Duke, the Duke of Wellington, and the noble Lord, Lord Fowler, for their amendments. What seems clear—and I welcome this—is that there is a bit of momentum about change, which has been lacking for a very long time. I seem to remember that the only proposal the party opposite came forward with about the House of Lords in its time in government was to move this House to York while the rest of Parliament stayed in London, which was not a particularly helpful or constructive suggestion. We seem to be moving now towards a much more collegiate way of doing things and seeing some way forward. I am grateful for that; it is very helpful.

Several times in the debate, noble Lords have raised the question: why this particular proposal first? I have explained that this is the first stage, and the reason that this is the first stage of reform is that it is the one described as “immediate” in the manifesto, but it also completes the start of something that started 25 years ago. The principle of removing the hereditary Peers was established 25 years ago. It seemed very straight- forward, even though we have had very long debates about other issues around it. I am not criticising that; it is just a matter of fact. That principle was established, and this completes that principle.

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[Lord Strathclyde (Con)]

Ain’t going to happen.

[Baroness Smith of Basildon (Lab)]

The noble Lord, Lord Strathclyde, has not spoken during this debate, apart from in a sedentary position. He sits and mutters, “Ain’t going to happen”. My, such cynicism in one so young.

[Lord Strathclyde (Con)]

My Lords, I feel deeply flattered by the noble Baroness. I always thought she was younger than me, but there we are.

In her introductory remarks, she accused the Conservative Government of the last 14 years of not having done any reform. She has forgotten the 2012 Bill that was introduced in the House of Commons and passed its Second Reading with flying colours but then, because of the lack of support from the Labour Party on a timetable Motion, did not go any further at all. Surely the noble Baroness should show some humility. The Labour Party, which promised further reform in 1997 and again on the passage of the 1999 Act, has done no thinking whatever since then.

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[Baroness Smith of Basildon (Lab)]

The noble Lord’s memory may need a bit of jogging. We are talking about a time when there was a majority; had the Conservative Government wanted to push that through, they would have been able to do so.

The proposal from Michael Gove to move the House of Lords to York—which was really a nonsense and did not help the reputation of this House or of the Government—fundamentally misunderstood how this House operates. We are trying to look at how the House operates. We are fulfilling a manifesto commitment but we are also fulfilling what started 25 years ago. The noble Lord is critical that we did not do it sooner, but it is here now, and I have made clear that further proposals for the next stages will come forward, so he can park his cynicism for now. We will come back to this and see who gets it right.

I thank the noble Baroness and both noble Lords for tabling these helpful amendments. I am grateful to them, and I respectfully ask that the noble Baroness withdraws her amendment.

[Earl Attlee (Con)]

My Lords, I am at one with the noble Baroness the Leader about Mr Gove and York, but can she explain why she cannot blow the dust off the royal commission report—the Wakeham report—and just implement that?

[Baroness Smith of Basildon (Lab)]

The Wakeham report was some time ago, but I am always happy to look at it as we go forward to further our considerations. But the House today should come to the view on what the House today would like to do.

The noble Earl gave a list of his Government’s failures on the House of Lords. I suggest that another of them was not accepting the Grocott Bill.

[Baroness Smith of Llanfaes (PC)]

My Lords, I thank everyone who has spoken in this debate, and I am grateful to all noble Lords who have supported the proposal that was brought forward. I will not be able to refer to each point made, but I will try to respond briefly.

The noble Duke, the Duke of Wellington, noted that there is a consensus around the House for further reform inside and outside the House. That is an important point to note and something that we should push forward. Although the noble Lord, Lord Fowler, may disagree with my reasoning, at least we agree on the outcome: we cannot stop here.

The noble Viscount, Lord Trenchard, rightly pointed out that my Amendment 71 does not provide a specific model. My Amendment 70, previously debated on another day, does so, but this was on purpose and Amendment 71 was more of a probing amendment. I hope the Government bring forward a clear timetable on the next stage before Report. The noble Lord, Lord Newby, pointed out that if the Government published a plan, there would be far fewer amendments on Report, so I hope we see a plan.

I thank the noble Lord, Lord de Clifford, for his support for the group of amendments. He noted that some reform is wanted outside the House. There was a good consensus from around the House. The Leader of the House welcomes the momentum for change, and I hope she will join and lead that momentum.

While I welcome the Government’s commitment to removing hereditary Peers, this reform cannot and must not be the end of the journey. We must push for a fully democratic second Chamber, one that is chosen by the people it serves and not by birthright or privilege. The momentum for change must continue, and we cannot afford to let it falter.

Amendment 71 would ensure that the Government were held accountable on their long-held calls for abolishing the Lords and would require them to outline the next steps for reform within six months. I hope that the Government further consider publishing the next steps for reform before the Bill completes its stages in the House. I welcome the Leader of the House’s words today, particularly looking at how we engage with the public on what the second Chamber looks like. For those around the Committee who agree that this is a sensible ask, I would welcome them getting in touch with me.

I will withdraw my amendment today, but I retain my right to reintroduce it on Report if a plan is not published. Not only do I hope that His Majesty’s Government reflect on this debate today but I encourage them to be bold in delivering further reform and to follow through on the Prime Minister’s own desire to see this place replaced with an alternative second Chamber. I beg leave to withdraw my amendment.