Hereditary Peers

Chris Skidmore Excerpts

Tuesday 28th March 2017 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Chris Skidmore)]

I thank you, Mr Pritchard, and Mr Davies for chairing the debate so effectively and efficiently. I also thank the right hon. Member for Delyn (Mr Hanson) for raising this matter today. I am incredibly flattered that he has bought my book on Bosworth—I would sign it for him if that would not devalue the copy. I began my postgraduate research at university by looking at the new Tudor nobility—creations to the nobility—in the mid-15th century. If I had thought then that more than 15 years later I would be here today, responding on the Government’s behalf on the hereditary peerage, I would have worn a wry smile.

I do not doubt the right hon. Gentleman’s conviction and passion when he talks about this subject. I was there for his speech on 19 October in the House of Commons during the Opposition day debate on the House of Lords. I know that his private Member’s Bill ran out of time last Friday and that he brought a ten-minute rule Bill to the main Chamber in April 2016. I was going back through his political career just to test his commitment to and consistency on the issue of the House of Lords, which we are debating today. I can go as far back as when he was a 26-year-old candidate standing in Eddisbury on the Labour party’s 1983 manifesto, in which it stated very clearly that it would take action to abolish the House of Lords as quickly as possible and, as an interim measure, introduce a Bill in the first Session of Parliament to remove its legislative powers. All credit to the right hon. Gentleman for remaining consistent throughout his career and in his voting pattern to the manifesto commitment that he stood on in 1983.

With that in mind, I am sure that he will respect my decision to stick to the manifesto commitment that I stood on in 2015. I would like to place this on the record. It is on page 49 of the Conservative party manifesto. We stated:

“While we still see a strong case for introducing an elected element into our second chamber, this is not a priority in the next Parliament. We have already allowed for expulsion of members for poor conduct and will ensure the House of Lords continues to work well by addressing issues such as the size of the chamber and the retirement of peers.”

We added:

“We will ensure that the House of Lords fulfils its valuable role as a chamber of legislative scrutiny and revision”.

[Mr Hanson]

I am not asking the Minister to break that manifesto pledge. Everything I have said would fit in with that pledge. I have talked about allowing retirements and not having elections. I am not asking for a change in elections; I am just asking him to look at retirements.

[Chris Skidmore]

The right hon. Gentleman makes a particular point about a manifesto commitment, but he ignores the fact that it is not a priority for this Government.

[William Wragg (Hazel Grove) (Con)]

My hon. Friend is a very able Minister for the Constitution, which is a subtle change of title from the previous Minister for Constitutional Reform—I am glad that an element of conservatism is seeping through the Cabinet Office. Surely the greater constitutional abomination of the other place at the moment, rather than the hereditary peers, is its recent tendency to attempt to defy the Salisbury convention.

[Chris Skidmore]

There have clearly already been debates and issues raised about the primacy of the elected Chamber. It remains the Government’s commitment that the primacy of the elected Chamber must remain paramount. Many peers have reflected the fact that that is an important consideration. With the article 50 Bill becoming the article 50 Act, we saw that peers understand the primacy of the elected Chamber, and we hope that that arrangement will continue.

I would like to dwell on what reform has meant over the past couple of years. As we have seen in the past, if reform of the House of Lords is to succeed, parliamentarians in both Houses must be able to work constructively together to make progress. It is clear from recent debates on the matter in the Lords that there are strong feelings on both sides. Although there might be agreement on certain issues, there is not yet clear consensus on the way forward.

The Committee stage of Lord Grocott’s Bill, to which the right hon. Gentleman referred, which would have removed the by-election system for replacing hereditary peers, clearly demonstrated that there was a level of disagreement and not a clear consensus on the way forward. With that in mind, and with so many other pressing legislative priorities to deliver over this Parliament—not least the fact that article 50 will be triggered tomorrow—the Government do not consider comprehensive reform of the Lords to be a priority. That is in line with our 2015 manifesto commitment.

[Dr Poulter]

I am sure that my hon. Friend the Minister will acknowledge that the manifesto commitment was to look at the size of the House of Lords and at some of its composition. There was a commitment to reforming the Chamber; clearly, a Chamber that has 200 more Members than the House of Commons presents an issue. We recognise that the House of Commons is currently too large with 650 Members, so we are reducing the number to 600.

[Chris Skidmore]

My hon. Friend is absolutely right. As I have stated, the second part of the manifesto commitment was to

“ensure the House of Lords continues to work well by addressing issues such as the size of the chamber and the retirement of peers.”

That is not to say that the Government are unsympathetic to the case put forward by the right hon. Member for Delyn. In the last Parliament, under the previous Administration, the Government introduced a Bill that would have made 80% of the eligible membership of the House of Lords elected. Both he and I were in the same Lobby on Second Reading of that Bill, which would indeed have removed hereditary peers. It was ultimately unsuccessful, not because of a lack of commitment to reform, but because of a lack of political consensus on the form that reform should take and the process by which it should be enacted. However, that does not mean that we cannot make pragmatic and measured progress today, above all by achieving the consensus that was lacking in 2012.

To return to the point made by my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), the Government are clear that we want to work constructively with Members and peers to look at the pragmatic ideas for reducing the size of the Lords that can command broad consensus, just as we attempted to do in the last Parliament. On certain measures we worked with both Houses to introduce some focused, important reforms. With Government support, the House of Lords Reform Act 2014 enabled peers to retire permanently for the first time and provided for peers to be disqualified when they do not attend or are convicted of serious offences. Already more than 50 peers have chosen to take that step of eventual retirement. We also supported the House of Lords (Expulsion and Suspension) Act 2015, which provided the House with the power to expel Members in cases of serious misconduct, as well as the Lords Spiritual (Women) Act 2015.

I believe that by making pragmatic, incremental reforms that can command consensus, real progress can be made. The right hon. Member for Delyn mentioned being on the right side of history. Looking at the historical processes of constitutional change, we see that those are often developed, constructed and effectively delivered by measured and manageable reform.

[Mr Hanson]

Will the Minister please say after me—so that it is on the record—that the current UK Government support the principle whereby three people can vote for a Member of Parliament? Will he just say that for me? That is what he is saying.

[Chris Skidmore]

A debate in Westminster Hall is not the place for hypothetical questions, and it is certainly not the place for hypothetical answers. The UK Government are determined to enact the Conservative party’s 2015 manifesto commitments, which clearly state that Lords reform is not a priority in this Parliament, but that where we can work constructively to address the size of the House and the retirement of peers, we will do so.

It is by making pragmatic, incremental reforms that command consensus that progress can be made. That is why the Government welcome the work of the Lord Speaker’s cross-party Committee of Back-Bench peers—the right hon. Gentleman mentioned him—to explore practical and politically viable methods by which the size of the House of Lords can be reduced. On 20 December 2016, the Speaker in the House of Lords announced that he was establishing the Lord Speaker’s Committee

“to examine the possible methods by which the House could be reduced in size.” —[Official Report, House of Lords, 20 December 2016; Vol. 777, c. 1541.]

That followed a debate on 5 December in which the House of Lords unanimously agreed that its size should indeed be reduced.

The Committee’s remit is to

“explore methods by which the size of the House can be reduced, commensurate with its current role and functions.”

Specifically, it is instructed

“to examine practical and politically viable options that might lead to progress on this issue; analyse their implications; and set out any outstanding questions that may need to be answered in order for any proposals to command broad consensus across the House.”

Following its deliberations, there was a consultation exercise that closed on 20 February; I am sure that right hon. and hon. Members have taken the opportunity to respond to that. The Committee will offer advice to the Lord Speaker on potential next steps. It is expected to conclude its work by early summer.

The Committee considers that its remit requires it to work within the following constraints: first, that there is no change to the House’s role and powers or to the primacy of the Commons, and that deals with the point that my hon. Friend the Member for Hazel Grove (William Wragg) made; secondly, that Members continue to be appointed, but with a ceiling on the total size of the House; thirdly, that there is no increase in the cost of the House; fourthly, that there is a guaranteed percentage or minimum number of Cross-Bench peers; and fifthly, that no single party is to have a political majority. I note that in the questions that were put as part of that consultation exercise, the Committee sought suggestions about how to achieve two overarching aims: first, to reduce the House from its current size to a target number or range; and secondly, to keep the House at that target size or range afterwards. It stated:

“In considering different options, it may be helpful to factor in the following points.”

One of those includes:

“Any consequential implications for the Lords Spiritual (the Bishops), the future of hereditary peers in the House, and automatic appointments of certain office-holders.”

I am sure the right hon. Member for Delyn has taken the opportunity to make his views heard as part of that consultation.

Although there may be no consensus on this matter—the right hon. Gentleman is right to have predicted that the Government are committed to looking at measured and manageable reform, but that comprehensive reform of the House of Lords is not a priority in this Parliament—we look forward to hearing the independent Committee’s recommendations and to future discussions with colleagues across both Houses about where and when that consensus might be found. May I just say that it has been a delight to have this opportunity for discussion and debate today? It is important that these views are aired and put on the record and that I, as the Minister responsible for the policy, can come to the House to defend the Government’s position. I thank the right hon. Gentleman for securing this debate today.

Question put and agreed to.

Resolved,

That this House has considered Government policy on hereditary peers in the House of Lords.