House of Lords (Hereditary Peers) Bill

Earl of Devon Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[The Earl of Devon (CB)]

My Lords, given the late hour, your Lordships may appreciate that I will not reprise my previous history lessons offered in defence of the indefensible—Hansard has those—but I note to the noble and learned Lord, Lord Falconer, who is not in his seat, that the hereditary principle is defended. He might recall our discussion on Radio 4’s “Today” programme.

I remind the House of my interests as the Earl of Devon—a condemned hereditary. I accept that this Bill will likely pass. It was a manifesto commitment and mine remains one of the minority of voices supporting our continued presence here. I still consider us an important bulwark against the short-term tyranny of politics. Parliament will miss our indelible links to the past, our connections to the regions and our passion for the long-term sustainable future of this island. I will use my few minutes to pose five questions to the noble Baroness the Leader of the House.

First, why do this now? On what possible basis is it essential that this happens as a priority? Other than offering Sir Keir’s stuttering premiership a much-needed legislative rosette, this has the hallmarks of a cheap political coup aimed to even numbers. Where is the public demand? This is a time of tyrannous politics: elections in America see right-wing nativism returned to the White House; moderate Governments in France and Germany are assaulted from left and right; the Middle East is ablaze and Ukraine is on her knees; meanwhile, Reform’s popularity grows and extremist views are normalised. With mainland Europe so fragile, is it sensible to discard our real link to Waterloo and the post-Napoleonic settlement? With the eastern Mediterranean in tatters, do we not increase our collective amnesia by removing our link to the last emperors of Constantinople, the Frankish kings of Jerusalem and the crusading counts of Edessa, whence HTS heralds? By abolishing hereditaries, I worry that we will forget our historic responsibilities in the pursuit of modernisation.

I never received an answer to why Lords reform is an appropriate response to the ghastly riots of last summer. Are the Government aware of how many members of the public earnestly believe that Article 61 of the Magna Carta remains in force? They write to me. Under that provision, citizens exercise their ancient right to pledge allegiance to a committee of barons when their sovereign no longer represents their interests. Removal of hereditary barons from your Lordships’ House can only inflame their insecurities.

Secondly, as many others have commented, why not complete the wholesale reform of the Lords that Labour has so long desired? The Government have a clear mandate and a massive majority. If they really wanted to use their political capital to worthwhile effect, they should complete a proper reform of this House and honour the Weatherill deal that was struck 25 years ago. If we are to be abolished, I would rather leave this House in a better state, but I fear that, instead, it will be worse. No headlines critique the conduct of hereditary Peers; rather, recent column inches are devoted to the abuse of patronage in the appointment of life Peers and the conduct of the Lords spiritual in wrestling with the demons of historic child abuse. Are those not more urgent issues?

Thirdly, if the hereditary principle is indeed indefensible, then hereditary privilege, logically, can play no role within our constitution. The Government state:

“In the 21st century, there should not be places in our Parliament … reserved for those who were born into certain families”.—[Official Report, Commons, 15/10/24; col. 719.]


As we sit in this Chamber, there is a most notable and gilded place reserved solely for one person, born into one family—the Throne. The Liberal Democrats agree, asserting that there is no

“space in a modern democracy for hereditary privilege”.—[Official Report, Commons, 12/11/24; col. 691.]

Despite protestations to the contrary, the abolition of the hereditary peerage is a significant step towards the removal of our hereditary monarch. A republic is the inevitable intellectual conclusion, and a principled Government would admit this. Does the Minister agree? The Government state that the monarchy remains popular, so its removal is not on the agenda. The noble Lord, Lord Newby, claimed that the King’s rule is dependent upon not hereditary principle but how well he does his job. This is wrong: it conflates democratic legitimacy—which does indeed require popularity—with the hereditary principle of duty and public service. To claim something different might result in a reality television star becoming our Head of State.

Fourthly, the Government argue that there should not be seats effectively reserved only for men. I hoped I had done enough to expose the fallacy of this discriminatory argument. The fact that the hereditaries are all men is not our fault but that of successive Governments refusing to legislate for female succession. I am grateful to the Public Bill Office for considering my efforts to amend this legislation to permit female succession, but I understand that it falls outside the test of “relevance”.

However, noble Lords should note that the Bill not only removes hereditary Peers but strips from your Lordships the right to determine claims to hereditary peerages too. On removing such a power, it is surely appropriate to investigate how such claims will be determined in the future and to place some non-discriminatory guard-rails around the exercise of that power by the Judicial Committee of the Privy Council, which will inherit the jurisdiction. The Leader of the House has engaged positively with me on this, and I believe that this Parliament, given its sovereignty, can ensure that all future successions to hereditary peerages occur in a manner that is non-gender discriminatory.

Finally, many noble Lords have referenced the retention of certain hereditaries via life peerages, and I understand that such discussions may be taking place in the context of threats against the Government’s legislative programme. This is regrettable and should not happen. The privilege and honour of our hereditary seats in Parliament should not be sullied by horse-trading. If the democratic process requires our abolition, we must not frustrate that process. Parliament does not need to retain any more upper-class, middle-aged, white, male Old Etonians. We should accept that our time has come and should leave with grace. Those who covet a seat in this House can apply, like everyone else, to be an angel of HOLAC, or perhaps they might purchase the Prime Minister some suits.

Personally, I look forward to a return to the bosom of Devon, and I hope that any space afforded by my abolition might be filled by someone perhaps new to this country, preferably female, with expertise and an apolitical passion for public service. I fervently wish that we could leave this House a better place and better suited to its essential constitutional role, with our heads held high—not in an executioner’s basket—and with pride and gratitude for our 900 years of service.