House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
Lord True Portrait Lord True (Con)
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My Lords, are we going to hear all day the cry of “Front Bench”? In this House, the tradition is that those on the Back Benches are permitted, as fellow Peers, to contribute to our debates. Also, if I may say so, I have never heard the proposition that someone who is a hereditary Peer should have to declare that. I very much hope, if that is the principle that is being pushed, that when we come to debate the principle of a democratic House, those who are life Peers will declare their interest—responding to the noble Lord, Lord Newby. This is not a profitable way to go. As was said by the Captain of the Gentlemen-at-Arms very wisely earlier, we should conduct our debates with amity, respect for each other and a degree of tolerance.

History matters; it matters greatly. It was no accident that, in 1999, the then Labour Government decided, outside the discussions that we were having about the elected Peers, to leave an ex officio place for these two great and ancient hereditary offices in our Chamber. It was a wise decision then, and I think it would have been wise to replicate it now. We have heard the long history of these great offices and, more importantly, their current relevance, set out ably by my noble friend Lord Roberts of Belgravia and underlined by the noble Lord, Lord Moore of Etchingham. I agree with my noble friend that we diminish the ceremonial part of our state at great peril to ourselves and to who we are as a people. As was said by my noble friend, it is one of the things that we do amazingly well, which attracts huge income from tourism and, far more deeply, deep respect and interest in our country.

This Parliament is a Parliament of three parts: the Commons, the Lords and the Crown. The Earl Marshal and Lord Great Chamberlain are visible embodiments of that. They are a part of our parliamentary constitution that can be traced back to early medieval times. They are every bit as important today, and they must be able to fulfil their duties at State Openings of Parliament and all the other events and places where they serve us, our House and our country.

When I look back on the great and moving events that took place in our recent memory after the demise of the late Queen and the accession and Coronation of His Majesty King Charles, I well remember, as we all do, the active, practical and dedicated part that the Earl Marshal and Lord Great Chamberlain took in making those events possible and so memorable. I record my personal thanks as then Leader of the House to the noble Duke, the Duke of Norfolk, and to the noble Lord, Lord Carrington, and his predecessor, the Marquess of Cholmondeley. They are also ex officio here by a separate provision of the 1999 Act; they are Members of the House. They have often, over the years, brought great insight here. I agree with the noble Lord, Lord Cromwell. When I went home late last night, the noble Lord, Lord Carrington, was in his place, having made a full, practical and helpful contribution to the House.

Those of a longer memory will well recall the 17th Duke of Norfolk, referred to by my noble friend, who won the Military Cross under fire in 1944. As a career major general and director of service intelligence, he brought immense wisdom to our discussions of military affairs. With an Earl Marshal responsible for our State Openings of Parliament and a Lord Great Chamberlain in control of much of our estate—the Robing Room, the Royal Gallery, the Chapel of St Mary Undercroft—and their relevance to restoration projects, these officers of state will need unfettered access to the Chamber and the resource and office space needed to fulfil their roles on our behalf. I agree that they should never have to queue for access or beg for a pass.

As others have argued, given that the Earl Marshal and the Lord Great Chamberlain have such an intrinsic role in our House and its ceremony, much the best way forward would have been to allow them to remain as full Members of our House. I agree with the noble Lord, Lord Moore of Etchingham, that their ability to serve us can only be strengthened by knowing and sharing the experience of our Members and staff. It worked for many hundreds of years and it seems a shame to change it now.

The unnecessary removal of these ex officio Members, separate from the 90 elected Peers, is to be regretted. However, I know that the noble Baroness the Lord Privy Seal has been talking to colleagues about this, and about the best and properly dignified way of enabling them to go about their important services to the Crown and to this House in an unfettered and unimpeded way in the future. We should all be open to hearing what she has to say.

Baroness Smith of Basildon Portrait The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
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My Lords, I am grateful to the noble Lord, Lord Roberts, for an erudite and entertaining speech. His amendment is similar to one that was tabled by the noble Lord, Lord Strathclyde, in Committee. I think the cries of “Front Bench”, which we do not hear too often, were made in eagerness to hear the contribution of the noble Lord, Lord True. I thank the noble Lord, Lord Howard of Rising. He came to see me about this matter, and I am grateful for that discussion, which was very helpful. Looking at the comments that have been made, I can satisfy noble Lords on some points, but there is one particular point on which I cannot, which I will come to.

This is something that has arisen many times during the passage of this Bill. I completely recognise the important roles played by noble Lords in those offices and the historic link between the monarch and the second Chamber. However, the point remains that in order to fulfil their functions and responsibilities they do not need to speak in the Chamber or to vote.

The noble Lord, Lord Roberts, is right that it would be appalling to suggest that they would have to queue up at the Pass Office or seek permission every time they come in. I can give him the categorical assurance that that will not happen, now or in the future. The commission has agreed that both office holders have access rights on the Parliamentary Estate. They will be able to perform their duties as they do now and engage with Members as they do now. That includes the ability to sit on the steps of the Throne, to listen to debates, to access catering and to access the Library. That level of access will ensure that they can engage with Members. In no way should their responsibilities or their abilities to do that be fettered in any way. I can discuss with the House authorities the possibility of office space—there is no office space at the moment—in the House, if required.

I know that some noble Lords have voiced doubts and questioned whether both postholders, now or in the future, would have to come back to the commission each and every time. I reassure the House that that will not be the case. The commission has confirmed the position for current and future postholders, so they would not have to come back. There should not be any impediment to their fulfilling their responsibilities. I assured the noble Lord, Lord Howard of Rising, that I would make that commitment from the Dispatch Box and, as he requested, I am happy to do that.

To correct something that was said, the postholders will not be excluded from the House. They will be excluded from participating in the proceedings of the House but they will not be excluded from coming into the House, so I do not think that this amendment is necessary. There is certainly no criticism of the roles they play.

The noble Earl, Lord Devon, raised three points. I can satisfy him on two of them, but on one, I cannot. He asked what discussions have taken place. I have had at least one discussion with both postholders and probably more than that. He asked whether they have been consulted. Yes, they have, and there has been wider consultation. The point I cannot satisfy him on is the one raised by the Earl Marshal about more diversity. These are both hereditary roles, and they will continue to be hereditary roles. The position of Lord Great Chamberlain rotates through three hereditary positions so, in terms of diversity and inclusion, they will always have to be men at the moment. I know the noble Earl has particular interests and perhaps one day we can make some progress on that, but at present I cannot satisfy him on the diversity role because, as hereditary Peers, they will always be male.

Earl of Devon Portrait The Earl of Devon (CB)
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The point that I think the Earl Marshal was making was that the seat in the House that he might occupy would perhaps be open to more diverse occupants, not his role as Earl Marshal.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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That is a valid point. The Earl Marshal has been very clear that he is perfectly content with this.

I do not think this amendment is necessary. I assure the House that those postholders are essential. We will not in any way hamper or impede their ability to carry out their functions or their roles. The noble Lord, Lord True, made the point that we are grateful to them for doing that. They engage with Members of the House as well. I hope that, having heard the explanation and the assurances that I have been able to give, the noble Lord will be prepared to withdraw his amendment.

I want to add a more general point about issues that will come up in later debates. It is not entirely relevant to this amendment but, because so many of these issues are interconnected, I think it will be helpful to set the context to assist the House. Noble Lords are aware that, prior to the commencement of the Bill and throughout its passage, I have had more than 50 meetings, some as one-to-ones, others with much larger groups. I listened very carefully in those engagements and throughout Committee. Much of our discussions and debates have been on issues, such as this one, that were in the manifesto but are not in the Bill. I think the House is seeking reassurance that the plans for the next stage of reforms will not flounder and that the Government are serious about their intention for further reforms.

I have been greatly encouraged by support for two specific issues that have been mentioned many times and on which we have amendments later: retirement and participation. It has been 25 years since the first stage of this reform, and I think the House would be somewhat intolerant if we took another 25 years to bring anything further forward. We all value that this House is self-governing and I am keen that we take some ownership as a House in moving forward on other issues. I am sure we will discuss this issue further on other amendments.

I feel, having reflected on discussions and advice, that we need a formal, recognised process that is supported by the House. I have considered the mechanisms that we could use, and I have concluded that the best way forward would be to establish a dedicated Select Committee to look at those specific matters on which noble Lords have indicated that they are keen to make progress. I am open to discussing other mechanisms, but that is the way forward that I think may work the best.

Obviously, I will discuss this further with the usual channels before putting any such proposal to the House, but I hope that the House could set up such a committee within three months of the Bill gaining Royal Assent, and by this time next year it would be able to consider the committee’s findings. I am keen to see how quickly we can move on other issues as well without legislation, or prior to legislation, with a committee that could make those recommendations to the House. I say that at this stage to be of assistance to the House so that, when we get to those issues, the House has had time to consider them. In the meantime, I thank the noble Lord—not least for raising Andrew Marvell, perhaps one of my favourite poets—and ask him to withdraw his amendment.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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Before the noble Baroness sits down, the proposal is to set up a Select Committee to consider the issues that have been discussed with her. Those issues include offering life peerages to hereditary Peers. Is that something that the Select Committee would consider?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I do not imagine that that would be discussed by this Select Committee, which will look at the two specific issues that have been raised. We will debate the matter that the noble Lord refers to later on the Bill.

Lord Strathclyde Portrait Lord Strathclyde (Con)
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My Lords, before the noble Baroness sits down, what authority will this committee have? Would it be regarded by the Government as having authority? In other words, would its conclusions, if passed by the House, be carried on by the Government, or would it be what I rather suspect it will be: a very good and highly-qualified talking shop that will not, in the end, lead to anything because the Government will easily be able to ignore it completely?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I really hope that would not be the case. One of the reasons why I said we wanted to see what could be done more quickly is that some things may be able to be done by the House itself. If the House comes to a conclusion on matters that need legislation then it is easier to put through legislation if the House has taken a view. So I am keen to have the House express a view—which noble Lords have asked for many times—and the Government will listen, but there may well be things that we can do without legislation. If that is the case, we can proceed. Where legislation is required, I will take that advice from the committee because we have a manifesto commitment for legislation, and we are determined to press ahead on these two issues.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, I welcome the setting up of the Select Committee. It is a great step forward. As the noble Baroness knows, I have been particularly concerned about the question of retirement age. I must declare an interest, by the way.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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No, I used to be director of Age Concern Scotland, so I have a particular interest in this. Could my noble friend confirm that this Select Committee would be able to consider all aspects of a retirement age—for example, whether it should be different for current Members and new Members, and whether it should be on the edge of a particular birthday or at the end of the Parliament in which the birthday takes place? All these issues can be considered and recommendations made to this House, and the decision could be made by this House.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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I would say to my noble friend that we all have an interest in the retirement age because we all hope to approach one at some point in our lives. He is right. I am not going to set any preconditions on that. The manifesto at the last election said that someone would retire at the end of the Parliament after their 80th birthday. I have said repeatedly that I think a cut-off would create problems for the House when lots of Members reach that age at the same time and retire. If there are better suggestions, I would be happy to consider them. I am not going to put any parameters on what can be discussed within those two areas. I wanted to give the House the opportunity, when we come to discuss these issues, to consider what I have said and see whether noble Lords think it is helpful when we get to those amendments.

Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom (Con)
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Before the noble Baroness sits down, will the new committee consider the whole question of the relative powers of both Houses? There is no point in talking about changing the membership unless you decide what they are going to do.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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No, my Lords, that would not be in the remit. It would be purely on the issues of participation and retirement age.

Earl of Kinnoull Portrait The Earl of Kinnoull (CB)
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Before the noble Baroness sits down, I am sorry to intervene further but there are a number of other issues in the various amendments that we are going to consider. Would it not be logical for the Select Committee to think about those issues as well, in particular some of the things that were referred to in the Labour manifesto at the last election?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I am keen to make progress on these issues in what I call bite-sized chunks. I have always referred to these two issues as being stage 2. They are the two issues that have been raised most often in Committee and again now on Report. There seems to be a consensus around the House that they are specific issues that the House wants to deal with. I have chosen them because they have been mentioned so often by noble Lords.

Lord Swire Portrait Lord Swire (Con)
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If the noble Baroness is trying to present the Select Committee as being in part an answer to some of the long-term questions about the future of this House, would she be open to considering outsiders joining it who may have an interest in the future of our bicameral legislature? I point out that, according to current polling, the Reform Party is likely to get 271 seats at the next election, against Labour’s 178. Should parties like that not be included in looking at the long-term future governance of this country?

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, the noble Lord did not mention the number of seats his own party is projected to get, but I think it is a little irrelevant. Members of this House are best placed to understand its requirements. One thing that has emerged from the debate many times during the passage of the Bill is that Members would like greater input on this. I am not proposing to provide answers; I am asking questions of the committee. How does a committee of Members of this House, who know the day-to-day running of this House, think these things could best be achieved?

Baroness Hayman Portrait Baroness Hayman (CB)
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My Lords, the noble Baroness the Leader of the House was very specific about the issues she wants the Select Committee to focus on, but, as she knows, one of the major issues that has been discussed for decades in this House is the size of the House. It was mentioned in the Labour Party manifesto, and we have seen very clearly the ratchet effect that changes of government can have on the size of the House. If it is not to be considered in the Select Committee, how are we going to make progress on that?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, it is a question of stages, and these are certainly issues we should make progress on. The more issues we discuss, the less likely we are to move forwards, as we have found so many times before. I am proposing a Select Committee on these two issues, but that will not stop us having further committees or looking more at such issues. I take great interest in the size of the House, and we need to address it.

Viscount Hailsham Portrait Viscount Hailsham (Con)
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My Lords, is it not really a matter for the Select Committee to determine what issues it wants to consider?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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I would say no, because the danger is that the issues get wider and wider, and no decision is taken. Looking at these things in bite-size chunks in order to reach a conclusion and make recommendations is helpful to the House. I am not opposed to looking at other issues as well, but if this committee focuses on two specific issues, we can, I hope, make progress. I hope we can make progress quite quickly, too, because I think that is what the House is really looking for.

Lord Roberts of Belgravia Portrait Lord Roberts of Belgravia (Con)
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I welcome the assurances given by the Minister and will not seek to test the opinion of the House. I beg leave to withdraw the amendment.

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Lord True Portrait Lord True (Con)
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The Prime Minister has no power to exclude. Prime Ministers have the power, by royal prerogative, to recommend appointments to the monarch, but no Prime Minister in the world has the power to exclude. The only other House of Parliament in any way similar to ours is the Senate of Canada, and there is no power for the Prime Minister to exclude a Member or group of Members.

The debate ranged widely, but the decisions that we always make as people who make law must be on the face of the paper before us, the proposed Act of Parliament, and it is the Bill before us that the noble and right reverend Lord raised. In a few minutes, what each of us privately has to decide is not whether entry by heredity is over—it is—but whether we assent to the expulsion of over 80 of our comrades on all Benches. These are people we know and whose worth we know, as no one outside this House knows them. They are people we respect, as no one outside this House respects them, as we have seen them sitting on the Woolsack, on our committees and on the Front Benches, as my noble friend said, in service as Ministers over the decades. They are people we like, although that is a small thing in relation to their service and the holes that their departure will leave in our ranks.

When the Bell goes shortly, we will all rise from our place and we will go this way or that. We can go and say, “Out with you all”—that is what the Bill says—“and you must go for one wrong about which you could do nothing: by whom you happen to have been conceived”. Or else we may, by quiet assent or our active move into the other Lobby, say, “Yes, we agree that we will have no more new hereditary Peers but we do not wish to hurt those who serve now or to hurt our House. We value who you are and what you have done and may yet do for this House, and we should like you to stay, sit with us and serve as our Peers”. That is the choice we will make in a few minutes.

It is not about who comes here. That is settled; it is history. No other hereditary Peer will ever take the oath at this Dispatch Box. The decision we make is about who goes. It is simple and binary, and it is a decision that each of us in this great House of Lords—which, as the noble Lord, Lord Verdirame, said, has the right to make this decision about its composition and its future, and to suggest a way forward to the other place —must now make, with our unique sense of this House that we love and the good that the people we are discussing do for it. We must make a decision about those people we know who have been, often for decades, are and, I submit, should continue to be our fellow Peers.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, we have had a bit of a rehash of a debate that we had previously in Committee on a similar amendment. Amendment 2 today is almost identical to the previous amendment, seeking to amend Clause 2 and return to what is commonly known as the Grocott Bill. The noble Lord, Lord Forsyth, possibly alone in the House, has the benefit of consistency on this issue, in that, as I recall, he consistently supported the Grocott Bill as a way forward.

I think I understand the emotion displayed by the noble Lord, Lord True, on this issue, but he will now probably regret not taking up my offer to ensure that the Grocott Bill could have passed all its stages and got through the House as a Private Member’s Bill. I gave him my party’s guarantee that we would do that. The noble Lord, Lord Forsyth, frowns at me, but I gave the guarantee of my party that we would support that Bill and do our best to get it through the House. So we could have done that, but the opportunity was lost, and that is a shame, but that is where we are now. We are now debating a manifesto commitment from the Labour Party.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean (Con)
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The noble Baroness said that I frowned. The reason I frowned is that I do not really understand the argument that says, “You should have taken my offer but you didn’t, so we’re going to throw all these people out of the House of Lords”. If you thought it was okay for Parliament to continue, having got rid of the hereditary principle, why is it any different now?

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, there was an opportunity for this House. Had we not had the by-elections since 1999, there would have been far fewer hereditary Peers in this House then. Since my noble friend Lord Grocott introduced his Bill, there have been a number of by-elections and there are now 28 hereditary Peers who are here through those by-elections. I think the noble Lord, Lord Parkinson, referred in his comments to them being here by an accident of birth.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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Does the noble Baroness also recognise that there are 257 of us who have also arrived here since the last time there was a vote on this and who would really like the opportunity to take the offer that was not given to us?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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The noble Lord has tabled an amendment and is offering it at this point now, although, had he been in the House when this was debated, I doubt he would have voted differently at the time from the leader of his party, who was very much against it.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I will take one more intervention. I have listened with great care to noble Lords and have not intervened on anybody, and I want to respond to those who have spoken. I will take the intervention from the noble Lord because he used to be quite nice to me, but that will be the last intervention that I take. I think it is in the interests of the House for me to wind up the debate.

Lord Mancroft Portrait Lord Mancroft (Con)
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I am most grateful to the noble Baroness the Leader of the House and I hope I will continue to be nice to her. I just wanted to make the point that, although the opportunity may have been available to the House of Lords to pass the Grocott Bill in the previous Parliament, it would not have gone through because it could not possibly have got through the House of Commons.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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Members of my party would have supported that Bill in the House of Commons. The noble Lord has little faith in the House of Commons, but I take his point. I think the noble Lord, Lord Newby, made the point in a previous debate —I know the noble Lord has been here for a number of debates on this issue—that when we send amendments to the House of Commons, how it responds to them is a matter for the House of Commons.

I was actually paying the noble Lord, Lord Forsyth, a compliment, praising him for his consistency—he should take them while he can.

I want to move on to a number of the issues raised in this debate. The noble Lord, Lord Wolfson, tried to depart from the view of the noble Lord, Lord Parkinson, of an accident of birth being the route by which hereditary Peers have moved here. He said it was accident of birth and a by-election. Even taking the amendment from his Front Bench today, I think those elections have been discredited.

I know that the noble Lord, Lord Parkinson, looked at by-elections in the House of Commons, but I would probably liken the by-elections to this House to those from Dunny-on-the-Wold in “Blackadder”. They brought discredit to the House and Members were embarrassed by them.

The noble Lord, Lord True, said that he and the noble Earl, Lord Kinnoull, came to me with the proposal to end the by-elections. They did but that was after the manifesto was published and after the King’s Speech. I was grateful to them; I think it was the sensible thing for the House to do, but the by-elections are just suspended, not ended. If the Bill does not become law, we would return to having the by-elections and the House would have to take a separate decision to stop them. They were just suspended—I think the noble Lord was quite keen that they should be suspended—because we do not really have the power in current legislation to end them.

The noble Viscount, Lord Hailsham, made the point that we should not be seen to be looking after our friends. There are many hereditary Peers in your Lordships’ House whom I regard as friends; they might not regard me in the same way at the moment, but I have regarded them as friends for a long time. That is not the issue here; it is a matter of principle, which the Labour Party set out clearly before the election. It is not a criticism of any noble Lord in your Lordships’ House. It is a criticism of the system that has been allowed to continue for so long.

I often agree with the noble Lord, Lord Forsyth, but I shall take issue with him on a number of things. He said that Labour has brought in 45 new Peers since the general election; his party have had 21 new Peers since the election. Another statistic that I think is helpful to your Lordships’ House concerns the appointments. Like others, I exclude the noble Baroness, Lady May, from this. When we left office as the previous Labour Government in 2010, the difference between the party of government, as we had been, and the Official Opposition, which then became the Government—the Conservative Party—was fewer than 30 Members. When we came into government in 2024, the difference between the two political parties was over 100.

It is a point made very well by the noble Baroness, Lady Hayman. This is not just about exits; all leaders should exercise restraint. I am on record as saying— I stand by it—that this House works at its best when the main government party and the main opposition party have roughly equal numbers and we abide by the conventions of the House. That is when this House does its best work.

The Opposition have 286 Peers but the noble Lord thinks that when the hereditaries leave this House—and, contrary to what a noble Baroness said, they will not be expelled immediately but at the end of this Session of Parliament—his party will not be able to field a Front Bench from the remaining Members. My party had to field an Opposition with far fewer than that—probably about 100 fewer—and I think we were a pretty effective Opposition. It is not always about numbers.

This argument that if the hereditaries leave we will then come for other groups of people is utterly ridiculous. I think the noble Baroness, Lady Hayman, made that point. We are talking about legislation that was in the manifesto and trailed by the manifesto. Which other groups are we talking about: everybody with red hair or those who wear the wrong-coloured jacket? It is a nonsense. This was clearly defined. The noble Lord is chuntering at me from a sedentary position. He had a long time to speak but he wants to jump up again.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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It is only because the noble Baroness the Leader of the House said that she would take no further interventions. The current government manifesto commits to excluding the over-80s at some point, so we know that this Government intend to remove further Members from your Lordships’ House. The examples given in the debate were about future Governments, of neither of our parties, who might come for more of us for other reasons.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, that is always in the hands of the electorate when they have the manifesto published before them. But again, on the retirement age, we have set that out as a clearly stated manifesto commitment. I have said, and have been clear, that the House should come to a decision on that as a House. We ought to be taking far more responsibility for, and ownership of, matters that affect the House. We tried to do that under the Grocott Bill but, for various reasons, the party opposite would not support it and we did not get that far.

The noble Lord, Lord Verdirame, raised the issue of Members not speaking on different issues. I have to say to him that all Members of the House, when they are here as Members, are equal and can speak or vote on issues as they wish, and should do so within the Code of Conduct. When Members declare an interest or their interests preclude their participating, that is in the Code of Conduct; otherwise, we are in the same place.

There is a real issue here. We are talking about the principle, established 25 years ago, that the hereditary principle would not be a route into your Lordships’ House. That does not decry any individual Member who has arrived by that route, but the time has come to an end. The noble Earl, Lord Attlee, who I cannot see in his place at the moment, said in an earlier debate that he was surprised it had lasted so long. It was trailed in our manifesto. I said from the Dispatch Box many times, as Leader of the Opposition on the other side, that if the House failed to pass the Bill that my noble friend Lord Grocott was suggesting to end the by-elections, the consequence would be a Bill of this kind.

This is where we are now. It is a chance—the noble Lord, Lord True, is absolutely right. Members of your Lordships’ House have an opportunity today to make a decision. Do they accept the words of the noble Lord, Lord Parkinson, about an accident of birth followed by a by-election, as the noble Lord, Lord Wolfson, says, or do they think that now this has to end? We are not criticising any individual Member—

None Portrait Noble Lords
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Oh!

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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Those are exactly the words I wrote; we can check Hansard later. The noble Lord’s amendment is a way to slow down the process so that all those Members remain here. I speak to my party’s manifesto commitment, which was made quite clear before the election, and urge the noble Lord to withdraw his amendment.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I am grateful to the noble Baroness and all who have spoken in this debate. I will not detain the House much longer; we have debated this for many years. I am grateful to the noble Baroness for the interventions she has taken.

Frustratingly, however, today’s debate has rather missed the point. My Amendment 2, like the Bill from the noble Lord, Lord Grocott, is titled

“Abolition of by-elections for hereditary peers”.

If we pass this amendment, those by-elections will be permanently abolished. We have already discontinued them. There will be no new people coming to your Lordships’ House because they have inherited their title and won a hereditary Peers by-election. The noble Baroness takes exception to the phrase “accident of birth”; others have used other phrases. The principle is that, if we pass this amendment, the Government’s manifesto pledge to remove the right of hereditary Peers to sit and vote in the House of Lords can be fulfilled, but it can be fulfilled in a way that is kinder.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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I took interventions, so the noble Lord can accept one and be helpful. He is wrong in his premise. Hereditary Peers would remain as hereditary Peers because all that happens in his amendment is that the by-elections will end permanently.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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But we will have ended their right to sit and vote in the Lords and they will leave in the same way as the rest of us, including the over 80s, who at some point, following the recommendations of a Select Committee, may leave your Lordships’ House as well. They will leave in a way that is consistent with the way the Law Lords continue to sit here until they choose to retire or leave through another means. They will leave in a way that is consistent with the way the Irish representative Peers left, after rendering great service to this country. This will be the first time that a category of Peer has been removed with no exceptions and no way back. The proposal is to do it at the end of this Session.

I am happy to continue to call this the Grocott No. 2 Bill, and I was glad that the noble Lord, Lord Grocott, spoke. We saved a space in the list of supporters in case he could be tempted to add his name. I understand why, after many years of campaigning, he is frustrated and has chosen not to. He said that he prefers the No. 2 Bill because it does the job more effectively. The question is: what is that job?

If the job is to expel the remaining hereditary Peers from your Lordships’ House as quickly as possible and to move on from the guarantee given by the noble and learned Lord, Lord Irvine of Lairg, in 1999 without any further reminder of it—we heard not a mention of it from the Leader of the House in her winding speech —then the No. 2 Bill does that job better. However, if the job is to improve the standing and function of your Lordships’ House, and to keep some of the expertise—not just on the Opposition Front Bench but those who serve as Chairmen of Committees and Deputy Speakers on the Woolsack; those who are the custodians of the conventions and kindnesses of this House—then the proposition put forward for many years by the noble Lord, Lord Grocott, and many other noble Lords from all corners of the House, is a better way of doing it.

I was raised to believe that it is never too late to do the right thing. If you are someone who, like the noble Lord, Lord Grocott, is exasperated that we have taken so long, or someone who has previously opposed it and rues that and repents now at leisure or if, like me, you are one of those 257 noble Lords who have never had the opportunity to vote for this kind of modest change that would allow us to say farewell to our colleagues in a more organic way, then I hope you will join me in the Division Lobby and support this amendment. I would like to test the opinion of the House on this matter; it has been too long since we last had that chance.