House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Earl of Caithness Excerpts

Friday 23rd March 2018 Lords Chamber

Moved by

[The Earl of Caithness]

1: Before Clause 1, insert the following new Clause—
“Overview
This Act amends section 2 of the House of Lords Act 1999 to end the process of by-elections for hereditary peers, thereby making the House of Lords a wholly appointed Second Chamber.”

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[The Earl of Caithness (Con)]

My Lords, I beg to move Amendment 1 and in doing so I congratulate the noble Lord, Lord Grocott, and his praetorian guard for appointing four tellers for the Division. I and a number of my noble friends did not take part in that Division because we would have been very happy to see the amendment withdrawn and not to waste 10 minutes going through a Division Lobby.

Amendment 1, standing in my name, is what is termed an overview clause. It aims to spell out what the consequence of the Bill is. Before I come to the amendment, I want to say very briefly where I stand on the Bill because I have been referred to—I will not use the personal abuse that the noble Lord, Lord Tyler, used, but I think it is right that I set out exactly where I stand. I believe in the principle. I am very glad to see the noble and learned Lord, Lord Irvine of Lairg, in his place. He said on this matter in this House on 30 March 1999,

“this Bill is about principle”.—[Official Report, 30/3/1999; col. 206.]


My opposition to the removal of the provision for the succession of hereditary Peers is also a matter of principle.

What was agreed in 1999 was that there would be hereditary Peers and successors pending further reform. I hope that we will get that reform through the Burns report. It is not the reform that I would like—I would prefer a smaller, elected House—but I will be very happy to support the noble Lord, Lord Grocott, when the Burns report is fully on its way to being implemented. I am also happy that the number of hereditary Peers should be reduced to the proportion that it is now, because as the noble Lord, Lord Grocott, rightly points out, if the House comes down to 600, the proportion of hereditary Peers goes up. If it goes up a few per cent, I would be very happy that the number of hereditary Peers comes down from 92 to 82 when the Burns report comes in, because that would bring us back to the status quo.

My opposition is not to what the noble Lord, Lord Grocott, is arguing for, but to the principle of doing it now, because it disconnects what we all agreed to in 1999, which was binding on our honour. The noble and learned Lord the former Lord Chancellor, who is here, was very firm and made it perfectly clear that, if we did not agree to the compromise that had been negotiated on Privy Council terms, the Government would renege and use the Parliament Act. He spelled it out very clearly, saying:

“I wish no one to be left in any doubt”.—[Official Report, 30/03/1999; col. 208.]

[Lord Grocott]

The noble Earl said he did not want to waste time and that is why he did not take part in the Division. May I help him by saying that I am happy to accept his amendment? It does not do anything, but it seems to me that it does not do any harm either, so in order that we can move on to the next group of amendments he can rest assured that I accept his amendment. Therefore, I suggest that he concludes his remarks.

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[The Earl of Caithness]

My Lords, that comes as a wonderful surprise and I welcome what the noble Lord has said. There are further amendments that are also designed to improve the Bill, but I will reserve what I was going to say about the difficulties of an unelected House for a later stage. Meanwhile, I am very happy just to move my amendment.

[Viscount Trenchard (Con)]

My Lords, my noble friend Lord Caithness is right to propose this amendment because it clarifies the intent and effect of the Bill proposed by the noble Lord, Lord Grocott—

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[The Earl of Erroll]

I am a hereditary Peer. It makes no difference, actually, because I am not about trying to preserve things. I know that I will not be thrown out. Lots of people seem to think that it is a bribe to us that we will not be thrown out. If the noble Lord reads it, Amendment 59 shows the intention of the Bill, which is very simple—to change this into an appointed House over the long term without having to go to a vote of both Houses of Parliament. The point about this Bill is that this is a backdoor way of ending up with an appointed House. It might as well declare that intention on the front of the Bill. I know that it is not about throwing us out.

The one thing that I would like to say to the noble Lord is that it is totally irrelevant whether I am hereditary or not, because I have no interest in this. It is for the future. The only interest that I have is for my grandchildren to be able to elect the people who pass legislation, and if you put this on the front of the Bill it is non-destructive but it points out the intention of the whole thing.

I shall raise a quick point of interest, and then I shall sit down. The hereditary principle, I am told, was originally invented to stop the King being able to pack this place with cronies. So you established the great families as de facto people in very powerful positions. That is why we have the Earl Marshall and people like that. That is how the hereditary principle started; whether it works is another matter, and I heartily like the fact that we have an independent Appointments Commission bringing people into this House that is not through the political system. That is what worries me, and it is the reason why we should have proper reform, with most of the House elected, before we go down this route—otherwise we are not going to do it.

[The Earl of Caithness]

I would also like to speak to Amendment 59, which is in my name and grouped with this, because what the noble Earl, Lord Erroll, has said is absolutely right, and it is an important point that we will come to.

[Lord Campbell-Savours]

Will the noble Earl declare an interest?

[The Earl of Caithness]

In deference to the noble Lord, Lord Campbell-Savours, I am not giving way to him but I declare my interest as a hereditary Peer and declare my interest that I know why I am here. Some people in this House are, I guess, still wondering why they are here.

What the noble Earl, Lord Erroll, has said is absolutely right. I want to pick up three brief points on what has been said. The noble Lord, Lord Foulkes, talked about 15-minute speeches in Committee. I hope that he will pass the Standing Orders on to his noble and learned friend Lord Goldsmith, who spoke for 40 minutes at 10 o’clock at night in moving an amendment, and various others who have prevaricated in that Bill.

I totally agree with the noble Baroness, Lady Smith of Basildon, on what she said on one Parliament not binding another, but actually, what her noble and learned friend Lord Irvine of Lairg proposed was personal on each of us who came to vote. It was not one Parliament binding another; it was for each of us who turned up to vote. Therefore, it is up to us to decide whether that is a principle that should be maintained, as I do, or that it is not a principle worth supporting anymore.

On the point about succession, I would be only too happy to support a Bill that gave the first child the right of succession to a hereditary peerage. That would be an extremely good move but, unfortunately, that is not the Bill that we are discussing. I have supported that before, and I would support it again.

[Lord True]

My Lords, perhaps I could briefly intervene and declare an interest as not being a hereditary Peer. I doubt that I would ever catch the eye of the selectors, even if there were such a provision.

The noble Lord, Lord Blunkett, referred to the late Ivor Richard. Having been present at those times, I add my appreciation to the great service that Lord Richard did to his country, his party and this House. It was an honour to deal with him, albeit briefly. The misunderstanding in what the noble Lord, Lord Blunkett, said was that the late noble Lord did not support an all-appointed House, which this Bill would produce. I heard many times in those days and since that Lord Richard supported the principle of a two-thirds elected House—believing that the public should be entitled to elect their politicians to both Chambers of this Parliament—and a one-third appointed House. That was his provision, and he was summarily dismissed in 1998 and further and different arrangements were made. My view on the future of this House, to follow on from the noble Earl who spoke, is rather akin to that of the late Lord Richard. I do not see in the longer term why the public should not elect the politicians to both Chambers of this House.

Apart from the point of honour, which is a personal point, and which, having been involved, I do hold, I accept that that will not count for other Peers, and I respect that and do not expect to bind them to that—but that is something that moves me in this respect, as well as my feeling that it is an objective fact and truth, however much we may protest otherwise, that the longer-term effect of this Bill would be to create an all-appointed House by stealth, bit by bit and stage by stage. That is the inevitable result of your Lordships agreeing to this legislation and, if it went down there, the other place agreeing to it.

I personally believe that such a proposition of the creation of an all-appointed Chamber permanently as part of our legislature in the 21st century should be brought before Parliament in a serious and major Bill by a Government in future. Yes, if the Labour Party or the Liberal Democrats or even our party succeeds in winning an election, and it is our view that we wish to present a Bill for the abolition of the hereditary peerage and creation of an all-appointed Chamber, that is the proper way in which to proceed in a democracy: to secure a mandate from the public before the election for such a great proposition, and to go forward. In my submission, we should not, in a hole-in-the-wall piece of legislation, move bit by bit towards that end. I detect a certain eagerness, exemplified on the Benches on my side, to push this Bill forward. It has not escaped my notice that some of the most eager are those who wish to create an all-appointed House in the longer term.

I have sympathy with those hereditary Peers who have spoken. I do not believe that we should start challenging the right by which one sits here. As has been said, that would be a difficult and uncomfortable place for some of us to go to. While we are all here, we are all equal. We are all Peers and should be allowed to be heard. I would not follow my noble friend Lord Hamilton entirely, but having sat through many hours on the European Union (Withdrawal) Bill, the minority sometimes feels it has to hear a lot from the majority. I do not particularly care for majorities ganging up on minorities. I support Amendment 59, and if it is pressed I will vote for it.

I will make some other brief points. As my noble friend Lord Caithness said, the argument about gender within the peerage is strong and valid, but that matter needs to be addressed by wider legislation on the peerage. If the noble Baroness wishes to attempt that, she can bring legislation forward.

So far as binding the Parliament’s successor is concerned, the original deal had two parts. The first was that, until the end of that Parliament, hereditary Peers who departed—the proper English word is died—would be replaced by ones on the list of those who had been put forward at the election. It was not conceived at the time that this arrangement would continue, but provision was made by Parliament for it to continue in successive Parliaments. That is the process we have now, which came into effect after the 2001 election. So provision was made specifically for this to last until such time as your Lordships’ House is finally reformed.

The noble Lord, Lord Steel, who is no longer in his place, referred to his Bill. A serious mistake was made in that Bill—which I did not support—requiring that a hereditary Peer who retires should be replaced. Under the original arrangements, when there was no retirement system, a hereditary Peer who took leave of absence would not be replaced. In the Bill introduced by the noble Lord, Lord Steel, it was your Lordships, in your wisdom, who made the deliberate decision to extend to retired Peers the privilege of being replaced.

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[Lord Trefgarne]

I beg to move.

[The Earl of Caithness]

My Lords, I shall speak to this group of amendments. I also resent the accusation that I have been using delaying tactics. After the noble Lord, Lord Grocott, intervened to accept my Amendment 1, I immediately sat down so that progress could be made.

The noble Lord has presented his arguments under two headings. The first is that he has this prejudice against hereditary Peers and their succession. This is part of Labour policy, I fully understand that, and I fear that there is also probably resentment at being out-argued by my noble friends Lord Cranborne and Lord Strathclyde in 1999. The Prime Minister at the time is not the first person to have been out-argued by a Cecil, and doubtless will not be the last. That is well known in history.

The second flank of the noble Lord’s argument is about the by-elections. He has made some very witty speeches and written witty articles on this subject. These amendments deal with the by-elections. I wish to address in particular Amendment 10 in this group. The noble Lord has pointed out, at Second Reading last year and before that, that some circumstances in which certain by-elections are conducted are not entirely compatible with modern thinking on how they should take place. He has a point. However, the point of these amendments is to retain the by-elections but give the noble Lord what he wants: namely, a change in how they are constituted.

[Lord Grocott]

The noble Earl really must acknowledge what he is doing. It is not a question of amending the by-elections; the clue is in the Title of the Bill, which includes the words, “Abolition of By-Elections”, so all the amendments in this group are clearly trying to reverse or block the fundamental purpose of the Bill. They are all about changing bits and pieces in the mechanism by which the by-elections take place. These by-elections are unimprovable, and the noble Earl ought to acknowledge that this whole group of amendments would wreck the Bill. I hope that he will draw his comments to a conclusion.

[The Earl of Caithness]

My Lords, if that is the noble Lord’s sole argument he should not have said what he did at Second Reading and he should not have used those arguments in his recent articles. He argued very firmly that the present basis of election was unfair in some aspects and rather stupid in others. We are seeking to correct that. If the noble Lord is going to absolutely set his mind against that, he should not have said what he did at Second Reading or written what he did; that is the equivalent of claptrap, because it has absolutely nothing to do with the fundamental point.

I support my argument with a few quotes from when this issue was debated in another place. I refer particularly to the comments of the then Sir Patrick Cormack, now my noble friend Lord Cormack, who said:

“I believe without equivocation … that the House of Lords will be better for the 92”.


I understand that he has changed his mind but I think he ought to explain that to the House.

[Lord Cormack (Con)]

I did that as the party’s Front-Bench constitutional affairs spokesman in another place, welcoming what was happening at that time. As has been made very plain by the noble Baroness the Leader of the Opposition in this House, no Parliament can bind its successor. We are now almost 20 years on. I would therefore ask my noble friend to reflect on what he has said.

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[The Earl of Caithness]

My Lords, I have reflected and I have stated exactly what I did. My noble friend also went on to say that we should,

“recognise that the interim House, as it is called by some, which will assemble next week, could exist for some considerable time”.—[Official Report, Commons, 10/11/99; cols. 1200-01.]

So my noble friend knew exactly what the situation was, and what he said was repeated by John MacGregor, now the noble Lord, Lord MacGregor of Pulham Market.

[Lord Foulkes of Cumnock]

I think I am right in saying that the noble Earl is the 20th Earl of Caithness and his title goes back many centuries. Instead of speaking here, would it not be better if he went back up to Caithness, got down on his knees and thanked the Lord that he lives in the United Kingdom and not in France, where they had a rather more ruthless way of getting rid of their aristocracy?

[The Earl of Caithness]

Well, some survived that too and doubtless some of us will survive this onslaught against us. My noble friend Lord Deben, the then Mr Gummer, also said what a good thing it was to have some hereditaries here because:

“A society is better run when, even if it is not entirely rational, power is spread a bit, with the opportunity for different people to make different comments about different things.—[Official Report, Commons, 10/11/99; col. 1173.]


All I am asking is that the noble Lord, Lord Grocott, consider that we amend the way by-elections take place at the moment to make them for the whole House rather than just individual parties, and that we revisit this when, as I said earlier, there is greater implementation of the report of the noble Lord, Lord Burns.

[Lord Trefgarne]

In this short intervention I support the proposition to which I referred earlier that the by-elections should be conducted on an all-House basis.

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Moved by

[The Earl of Caithness]

10: Clause 1, page 1, line 4, leave out subsections (2) and (3) and insert—
“(2) In section 2, after subsection (4) insert—“(4A) Standing Orders must provide that any vacancy must be open to any hereditary peer, and that the method used for the by-election to fill that vacancy, including the electors eligible to vote, must not be based on any party political affiliation.””

[The Earl of Caithness]

My Lords, I would like to move Amendment 10, and I am emboldened to do so by what my noble friend Lord Shinkwin just said. It is worth reminding the House that at the moment, there are 214 ex-politicians in this House. Add to that—

[Lord Grocott]

My Lords, I remember distinctly, because it was only 20 minutes or so ago, that when we began discussing this group, the lead amendment of which is Amendment 6, the noble Earl, Lord Caithness, devoted most of his speech to Amendment 10, which is in this group. He has been in this House for 40 years or something of that nature, though not as long as the noble Lord, Lord Trefgarne, so he knows we have dealt with this group of amendments. Of course he may want to speak to his point at a later stage of the consideration of the Bill, but he has already addressed the specific point of this amendment within the group that we have now disposed of. I respectfully suggest to him that we should move on to the next group, which begins with Amendment 11.

[The Earl of Caithness]

I do not think the noble Lord is right. Although the amendments are grouped for the convenience of the House, you can still speak to an amendment individually whether or not it has been in a group. I am speaking to Amendment 10. I just wanted to add a few words because I wish to test the opinion of the House on this, as I think it is important. There are at the moment 214 ex-politicians in this House, added to which there are another 101 ex-councillors, and I have excluded councillors who became politicians in later life. That is about 40% of the House. If one removes the hereditaries, the balance of the House shifts yet further. It is for that reason that I think we ought to have an electoral system that is different from the one that we have at the moment, and I beg to move.