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

Earl of Caithness Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Lord Grocott (Lab)]

My Lords—

[The Earl of Caithness (Con)]

My Lords, I am grateful to the noble Lord, Lord Grocott. I would like to add a few words in support of my noble friend Lord Trefgarne’s amendment. I believe the Government should grasp this nettle. I disagree with the noble Baroness, Lady Hayter, on this; to many others, this is not a minor matter. There was a solemn and binding commitment in 1999 that we entered into. I agree with the noble Lord, Lord Desai, that you cannot bind the next Government, but this was a hugely important matter for this House. We were requested by the noble and learned Lord the Lord Chancellor, on honour, to vote in that election. When I have discussed this with people both within the House and outside it, I am quite surprised by the reactions. In this House I have been told, “It doesn’t really matter in politics; there is no such thing as binding honour”.

[Lord Tyler (LD)]

My Lords—

[The Earl of Caithness]

May I just finish what I am saying, please? It is a very House of Commons attitude to keep on interrupting when someone is developing a theme.

[Noble Lords]

Oh!

[The Earl of Caithness]

It is perfectly true. This never used to happen; I have been here for a day or two.

Outside the House, people who think I am wrong in the position that I take on this Bill agree with me that there is a huge point of principle and I am absolutely justified in the position that I am taking. The noble Lord, Lord Blunkett—

[Lord Tyler]

I just want to correct the history that is being advanced this morning. The author of this provision, Lord Weatherill, referred to it as temporary. On 11 May 1999, the Lord Chancellor himself said, using strong words, that this would last only through the transitional House and that the transitional House would be brought to an end in the next Parliament. How does the noble Earl therefore justify his comments?

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[The Earl of Caithness]

Because the transitional House was not brought to an end—I am just coming to that point. The noble Lord, Lord Blunkett, said that phase 2 will be the proposals of the noble Lord, Lord Burns. That is quite an acceptable point of view, and I hope that the noble Lord will support my noble friend Lord Trefgarne and me in our amendments to relate the Bill to the Burns report: that is one of our constructive amendments. Let me make my position clear: if Burns is agreed and implemented, I have no objection to by-elections stopping, because that fulfils the commitment of 1992.

[Lord Elton]

Does my noble friend agree that it is important to grasp the point, which has not already been made, that there is a difference between the two Houses? The House of Commons is transitory between elections; this House continues. We may be in a different Parliament, but it is the same House of Lords and an undertaking given in this House presumably continues.

[The Earl of Caithness]

I am very grateful to my noble friend Lord Elton and totally agree with what he said.

[Lord Grocott]

My Lords, I do not think we have covered ourselves in glory over the past 45 minutes. The Commons is not sitting today, so if there is any parliamentary coverage, it will presumably focus on us and this debate. I hope that one or two contributions do not receive a wider audience, because essentially what is happening now is a filibuster on a Bill which had overwhelming support at Second Reading. It is an identical Bill to one that I introduced in the previous Parliament which, likewise, had overwhelming support on Second Reading and was filibustered out of existence in Committee. The principal supporters—organisers, indeed—of this filibuster know that there is a small minority of people opposed to the Bill in this House. That is what the world outside, if it is interested, needs to know. The Bill is simply ending by-elections. I make no apology for repeating that in one of the most recent ones, there was an electorate of three but seven candidates. There is no by-election in the world as absurd as that and yet, amazingly, a number of speakers today want us to continue that system in perpetuity. Let us make no bones about that whatsoever.

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[Lord Grocott]

I cannot speak for my noble friend, who has spent so much of his life with the Liberal Democrats. I am not sure whether he was a recommendation of the Liberal Democrats or of the Labour Party, but in my case it was on the basis of 60 years’ membership of the Labour Party, of which I am very proud and for which I will continue to do the job here.

I must deal briefly with the point made by the noble Lord, Lord Wakeham, because it needs addressing, which is that somehow we must wait until the Burns report is implemented before we act. I make the very obvious point that the cardinal argument within the Burns report is that we must reduce the size of the House, and the mechanism for doing it would be two out, one in. Since our first debate in Committee, there have been two further by-elections for hereditary Peers. Those two hereditary Peers should have been replaced by one, according to the Burns report, but no, lo and behold, there are two more here. It is essential for anyone who is sincere about wanting to implement the Burns report that we get on and pass my Bill, because it would enable us to reduce the number of hereditary Peers, not precisely arithmetically but in line with the recommendation of the Burns report.

The only consequence of the amendment moved by the noble Lord, Lord Trefgarne, is not to enlighten anyone; it is simply to delay further progress on the Bill. The two principal—I will not call them culprits, because I am sure they are proud of it—Peers who have relentlessly tried to filibuster the Bill are the noble Earl, Lord Caithness, and the noble Lord, Lord Trefgarne. This time, 55 of the amendments are in their names. We had a similar debate to this before our previous Committee sitting, when there was a long debate on whether to put the Bill into Committee. We are doing that again now, and presumably we will do it again whenever it is next considered in Committee. It is clearly their objective to talk the Bill out.

I simply say this to the two of them: I know that the overwhelming majority of people in this House want the Bill to pass. The exchange of views up to now does not at all proportionately reflect the view in the House because—I am grateful to them for this—the numerous colleagues on all sides of the House who I know support the Bill have not wanted to contribute to the filibuster. A tiny minority is thwarting the clearly expressed view of these Benches, the Liberal Democrat Benches, a large number on the Conservative Benches and the Cross Benches and, in my judgment, a majority of hereditary Peers, any number of whom have come up to me to say that they wish that the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, would desist from what they are doing.

They should know better. Between the two of them, they have had about 100 years’ membership of this House. I repeat that because I could barely believe it when I looked it up: 100 years between them. They ought to be getting the hang of the rules by now, one of which is surely that you know when it is time to call a halt. They should call a halt on this and allow the Bill to proceed, because the only effect of what they are doing at the moment is not to improve the Bill or to stop it—they know they cannot do that, they do not remotely have the numbers; every time we have had a vote on the Bill there has been a majority of about 100. They should desist. I fear we now have only two and a half hours, but we had three and a half hours when we began the discussion. I will gladly give way to the noble Earl, Lord Caithness, because every time he speaks he gives me greater confidence of my position.

[The Earl of Caithness]

My Lords, I resent the fact that I have been classed as a filibusterer whose sole intention is to stop this Bill. If your Lordships add up the amount of time I have spoken for, it is comparatively little. I have put forward amendments to improve the Bill and to link it to the Burns report. We put forward amendments to widen the franchise for the by-elections, which the noble Lord, Lord Grocott, has just said we did not want to do. We have tried to improve the Bill.

[Lord Grocott]

He has tried to improve the Bill, my Lords? All I can say is: it is the way he tells them. I hope the House will come to a conclusion on this now. If there is a Division I hope that all noble Lords who want progress will vote against it.

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[Lord Snape (Lab)]

My Lords, I query the terms of the amendment. What is behind it? Every time we debate this piece of legislation, the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, appear, like woolly mammoths from the permafrost, with a series of amendments. As I understand this amendment, the noble Lord wants any excepted hereditary Peer to be younger than the average age of Members of the House of Lords. He will correct me if I have got that wrong.

The noble Lord set a fine example himself. As my noble friend Lord Grocott indicated, the noble Lord, Lord Trefgarne, has spent no fewer than 56 years as a Member in your Lordships’ House. As I understand it, he took his place in the House on his 21st birthday. I hope he does not think me rude if I say that, by the look of him, that was some time ago. It was, in fact, in June 1962 and he has been here ever since. In that year, as I am sure some of my noble friends well remember, the Beatles and the Rolling Stones cut their first records and Harold Macmillan was Prime Minister. In 1962, I was a humble lance-corporal in the Royal Engineers, yet at that time the noble Lord was studying the wine list in the Members’ Dining Room. He is thoroughly institutionalised.

Although the motives for the amendment are creditable, the Committee deserves a fuller explanation of the thinking behind it. After all, he set a fine example himself, being scarcely out of his teens. Indeed, following the untimely death of his father, had the rules of your Lordships’ House been different in 1962, he would have taken his seat even earlier; he had to wait until his 21st birthday to do so. We are due some clarification from him about the terms and the meaning of this amendment, otherwise—perish the thought—we might think that this is just yet another attempt to delay this piece of legislation.

[The Earl of Caithness]

I cannot speak for my noble friend Lord Trefgarne, but I say to the noble Lord, Lord Snape, that the reason for tabling this amendment is that we are concerned about the average age of the House, which has gone up. One great advantage of having hereditary Peers here is the youth that is involved. If the noble Lord looks at the average age of life Peer appointments, he will see that, of the last 15 appointed, one was in their 80s, two were in their 70s, with most in their 60s. This eventually will shove the average age of the House up. I see the purpose of the amendment as to try to keep a balance and to keep the average age of the House as low as practicably possible.

[Lord Cormack]

My Lords, I hope that my noble friend on the Front Bench is being provoked beyond endurance. We have just seen a most appalling waste of time. The noble Lord, Lord Trefgarne, moved his amendment, as he was entirely entitled to do, but he did not put in Tellers. There is no way of recording the enormous majority that displayed itself in the Not-Content Lobby. Had that vote come to a proper conclusion, I doubt whether he and his colleagues would have reached double figures. They certainly would not have got much beyond that. This is a disgraceful abuse of not just your Lordships’ House but the institution of Parliament. If my noble friend on the Front Bench is not provoked beyond endurance, I am.

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[Lord Northbrook]

As I understand it, she has lived in Worcestershire for quite a long time—so I would have to check the figures from the House of Lords Library on that.

[The Earl of Caithness]

I think the answer to my noble friend Lord Cormack is that the noble Countess is a Peer of Scotland.

[Lord Northbrook]

I will give a brief historical background to support my argument. The Act of Union between the UK and Ireland in 1800 provided that the Peers of Ireland should elect 28 of their number, to be called Irish representative Peers, to sit for life on the part of Ireland in the House of Lords of the new United Kingdom. The fourth article of this Act of Union provides that,

“such act as shall be passed in the parliament of Ireland previous to the union, ‘to regulate the mode by which the’”,

representative Peers should be chosen,

“shall be incorporated in the acts of the respective parliaments”,

by which it was to be rectified.

The Irish Parliament passed such an Act, laying down in great detail how the original representative Peers and their successors were to be chosen. It laid down that the Irish temporal Peers were to meet at a stated time and place to elect 28 of their number, and each of the temporal Lords so chosen,

“shall be entitled to sit in the House of Lords during his life”.

Clearly a similar role is set out for a Peer chosen to fill a vacancy. This procedure continued unchanged until almost 100 years ago, when the Irish Free State was established. Crucially, the legislation that created this abolished the offices of the Lord Chancellor of Ireland and the Clerk of the Crown in Ireland, who was responsible under the Act of Union for carrying out important duties in connection with the election of Irish representative Peers.

In 1925, the UK Government were advised by their Attorney-General that this abolition demonstrated an intention to terminate the rights of Irish Peers to elect Irish representative Peers to fill vacancies as they arose. Expert legal opinion was obtained from two leading members of the UK Bar—namely, the future Lord Chancellor and the future Master of the Rolls—that the right of Irish Peers to elect representative Peers had survived and was unassailable. But the matter was not insisted on or carried through by the Irish Peers. Those already elected carried on serving for life, but no effort was made to replace those who died. While in 1925 the Attorney-General’s opinion could be justified for the south, it left Northern Ireland out in the cold.

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Moved by

[The Earl of Caithness]

32: Clause 1, page 1, line 11, leave out “not to be filled by further exception” and insert “to be filled by the holding of a by-election, in which all members of the House of Lords are entitled to vote, with further provision to be made by Standing Orders”

[The Earl of Caithness]

My Lords, I was not going to move the amendment but I was provoked to do so by what the noble Lord, Lord Grocott, said earlier. I want to make the point that the noble Lord has spoken at length about the iniquities of the current by-election voting system. He said that we want to preserve it in perpetuity; in an earlier debate, I said that I do not want that. This is one example of our wanting to improve the by-election system by asking all Members of the House to vote when there is a by-election. In that way, I believe that the House will be more fully involved in by-elections.

It is worth noting that the noble Lord, Lord Grocott, talked about the proportion of people voting in by-elections. In the last Conservative by-election, 91.5% of those eligible to vote, voted. Clearly, there is a lot of interest as to who should be a successor.

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[Lord Trefgarne]

It is not in my hands at my age, I am afraid.

[The Earl of Caithness]

My Lords, the point has been made about daughters inheriting titles. I would be in total support of my noble friend Lord Trefgarne’s Bill. I would be very happy if eldest daughters were entitled to inherit. In fact, I supported the Bill at an earlier stage. It is that mischief that needs to be corrected, not the mischief that there are only males, except for one, on the waiting list to stand for a by-election.

The noble Lord, Lord Grocott, said that if there were elections of the whole House only a small percentage of Peers would vote. If I remember rightly the figures that my noble friend Lord Trenchard gave earlier, I did a quick bit of maths and 50% of the House voted on the whole-House election. If that is considered to be a total waste of time because it is a small percentage, it is worth bearing in mind that the highest percentage of people who voted in the UK at a European parliamentary election is only 38%. Perhaps that is a very good reason why elections to that Parliament should be stopped. I beg leave to withdraw the amendment, but I will bring it back at a later stage.

Amendment 32 withdrawn.

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[Lord Grocott]

Perhaps I could clear this up with a couple of facts. On the question of the party strengths in the House of Lords, I do not think that the noble Lord, Lord True, need worry too much about a Conservative leader ensuring that their party strength in the House of Lords remains strong. By way of illustration, the Labour Party was elected with a huge majority of 157 in 1997, at which time there was a colossal majority of some 200 or 300 Conservative Peers in the House of Lords. Many of them—90% of them—went in the 1999 Act and we have only the cream left: the 10% who were elected, the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, among them. However, it was in 2006, nine years after the Labour Government were elected, that Labour became the biggest party, although obviously not the majority party. So the Tories were the biggest party for the first nine years of a Labour Government with a majority of 157 in the House of Commons. The noble Lord need not worry: the Tories are much better at making sure that they have friends in this House. Does he know how long it was after the 2010 election before normal service was resumed and the Tories were the biggest party again? It was just two years: by 2012 the Tories were the biggest party. So if the noble Lord, Lord True, is having sleepless nights about Tory leaders not appointing enough Tory Peers, I think that he can sleep well.

On the other crucial fact, with respect, talk about making a mountain out of a molehill over the disproportionate effect of my Bill on the future composition of parties in the House of Lords! I have been doing calculations on a sheet of paper while the noble Lord has been talking and just for the record, since the 1999 Act there have been, I make it, 34 hereditary Peer by-elections, roughly one third of the total. Of those, nine were Conservatives. So over a period of 19 years, although he used the phrase “striking heavily” about the effect on party representation in the House of Lords, the Conservative membership would be down nine if my Bill had been in operation. Just for the record, the Labour Party would have been down two, so the net benefit to the Labour Party in opposition over the Government would have been seven Peers over 19 years. Once again, I suggest to the noble Lord that he can sleep well still, even with that anxiety hanging over him about the future.

[The Earl of Caithness]

My Lords, the reason for the figures that the noble Lord, Lord Grocott, mentioned is that when the elections took place in 1999, it was by and large the younger and most active hereditaries who were elected. It is not surprising that the gathering-in rate of Conservative hereditary Peers has not been as great as it is about to become. We are all getting older and my noble friend Lord True has raised an important point.

The noble Lord, Lord Grocott, said nothing about protecting the Cross Benches. He waxed lyrical about how a Conservative Prime Minister would be keen to protect these Benches but with the possible implementation of the Burns report ahead of us, we are talking about a size limit on the House along with the importance of keeping the Cross Benches. Perhaps he could tell us how the Cross Benches are going to keep their numbers up to those required.

[Lord Judge (CB)]

Before the noble Lord, Lord Grocott, answers that question, while I am not speaking on behalf of the Cross Benches—because nobody speaks on behalf of us—can the Cross-Benchers be left to look after themselves, please?