House of Lords Reform (No. 2) Bill

Christopher Pincher Excerpts

Friday 18th October 2013 Commons Chamber

[Dan Byles]

That would be right. If there were a Sinn Fein peer who did not wish to attend, they would require a leave of absence; otherwise, under the Bill, they would cease to be a peer. I consider that there is a fundamental difference between those who have been elected to this House and those who, leaving aside the small number of hereditaries, are appointed to the other place. They are appointed to the other place in order to provide a service and a duty to their country, and if they are not doing so, it is perfectly reasonable for the House to decide that they should be removed and replaced with someone who will.

The reason why the current system has failed to meet its objectives is that it is neither binding nor permanent. Such an objective could, however, be achieved by the introduction of the retirement scheme provided for by the Bill, and the introduction of a scheme that would address the problem of non-attendance by certain Members.

Clause 2 provides that a peer who does not attend the House of Lords during a Session will cease to be a Member of the House at the beginning of the next Session. The provision will apply only if the Lord Speaker certifies that the peer did not attend at any time during the specified Session, and that they did not have leave of absence in respect of the Session. The provision will not apply where the Session is less than six months. Receiving a peerage is a great privilege, but it is one that comes with a significant responsibility: that of making an active and constructive contribution to the business of Parliament. Those absentee Members who fail to attend are not fulfilling their duty, and it is apposite and appropriate that they therefore forfeit their right of membership.

[Christopher Pincher (Tamworth) (Con)]

My hon. Friend uses the word “forfeit.” Does he anticipate that should a peer, whether it be of his own volition or not, cease to be a Member of the other place, he also ceases to use his title, styles and attributes? Will Lord Smith, on exiting the other place, still be Lord Smith, or will he be the former Lord Smith?

[Dan Byles]

This Bill does not remove the peerage; it simply removes the right to sit and vote in the House of Lords.

Clause 3 provides that a Member of the House of Lords who is convicted of a serious offence will cease to be a Member. The provision will again apply only if the Lord Speaker certifies that the Member has been convicted of an offence and sentenced to imprisonment or detention for more than one year. If that person successfully appeals their conviction, the Lord Speaker may revoke the first certificate by issuing another. It has long been the practice of this House that those convicted of offences that carry a sentence of more than one year are expelled, and it is appropriate that the procedures of the House of Lords in that regard be brought into line with the procedures of this House.

Clause 4 outlines the effect of ceasing to be a Member—specifically, that the person will be disqualified from attending proceedings of the House of Lords, and that they shall no longer receive a writ to attend the House. Further, it provides that a peer who ceases to be a Member is no longer disqualified from voting at elections, or being elected to the House of Commons.

Clause 5 makes provision in relation to the certification by the Lord Speaker, and clause 6 makes provision in relation to the short title, commencement and extent of the Bill.

--- Later in debate ---

[Dan Byles]

That is a good question. Lord Steel has made five attempts to bring in some degree of reform. His first four Bills were all called the House of Lords Bill. There is also a House of Lords Reform Bill before the other place in the name of Baroness Hayman. We would need to ask Lord Steel why he made the change for his last Bill, but one can speculate about why he felt the House of Lords (Cessation of Membership) Bill might have sounded less contentious. My view is that we are all grown-up and whether the word “reform” is in the title is not really the point. The point is what is in the Bill.

[Christopher Pincher]

Does my hon. Friend agree that including the word “reform” in the title of his Bill makes it much more attractive to our Liberal Democrat friends?

[Dan Byles]

I am not sure I do, because some Liberal Democrats wish to see wholehearted reform and are concerned that a small amount of reform now might delay wider reform later. That is one reason why I was at pains earlier to make the point that the Bill will not prevent any future reform that we wish to bring in, which would stand or fall on its own merits. The debate about the word “reform” in the title is perhaps a red herring, because we are all grown-ups in this place and the other place. We can read the Bill, and we know what it says.

I am coming to the end of my remarks, so if any more Members wish to intervene with a question or a thought, now is the time for them to do so. If not, I will press on to my final words.

If the Bill is supported, it will deliver essential reforms. I urge Members to ensure its swift passage so that we can deliver to the noble Lords the opportunity to reform themselves that they have long been denied. I commend the Bill to the House.