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

Earl of Kinnoull Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 23rd November 2018 Grand Committee

[Lord Balfe (Con)]

My Lords, I will speak only once, because what I have to say applies to the whole Committee. Some noble Lords were at what I think of as the Norton-Cormack meeting the other day, which Bernard Jenkin from the House of Commons addressed by saying that if the Bill were passed he would do his utmost to get it through the House of Commons. That is important for your Lordships to note, because often Bills from this House do not go smoothly through the House of Commons.

I am amazed at the tactics used on the Bill. They are self-destructive and against the interests of the hereditary Peers in this House. The only Labour leader I ever regarded as a friend was the late John Smith, who of course sadly never became Prime Minister. He once said to me that the worst job he had was, as he put it, with the queue of supplicants down the Corridor seeking to help the Labour Party by taking a seat in the House of Lords.

There will be a change of government one day—that happens in democracies—and the Labour Party will come into power. At the moment, it has 186 Peers including four hereditaries, and our side of the Chamber has 248 Peers including 47 hereditaries. Any Labour leader who wanted, first, to strike a radical pose, and secondly, to get himself out of a lot of people supplicating for membership of this House, could pass a simple Act that would have enormous popularity in the country: the abolition of the legislative rights of hereditary Peers. That would not take the title away, but it would take away the right to sit in the House of Lords. That would quickly change the arithmetic to there being just 201 Conservatives and 182 Labour Peers. That would put us well on the way to what is not an illegitimate aim for the governing party of the day; that is, to have slightly more seats than the principal opposition party of the day.

The late Jim Callaghan was fond of talking about turkeys voting for Christmas. I wonder whether the hereditary Peers, who seem to be the only ones backing this move, have actually thought it through. What is principally being discussed, particularly on the ultra left of the Labour Party, is the idea that perhaps they should go for abolishing the House of Lords. However, there are now two sorts of people on the ultra left of the Labour Party. There is the Jeremy Corbyn faction which believes in principle above everything else, but probably more important is the John McDonnell faction. John McDonnell believes in achieving his aims progressively. I think that the John McDonnell faction is quite happily in favour of this Bill being stalled in this place because it gives him a good cause for putting into the manifesto the abolition of the legislative rights of hereditary Peers.

I have said that I will speak only once, but my overall conclusion is that hereditary Peers are shooting themselves very firmly in their own feet.

[The Earl of Kinnoull (CB)]

My Lords, those are very interesting words and most certainly worth reflecting on. I thank the noble Lord. I rise to speak to Amendment 58D, tabled in my name. It concerns the Prime Minister’s prerogative. In my Peers in Schools programme visits, we inevitably and rightly discuss the composition of the House and the routes of entry. Three issues are raised consistently by the pupils: obviously the hereditaries, the Bishops and the Prime Minister’s prerogative. In respect of the prerogative, it seems that the relevant set textbook makes the point that there is no other country in the developed democratic world where one person has so much power over the membership of the legislature. Indeed, as the discussion generally continues, the view seems to develop in all the classes that I can recall that the Prime Minister’s prerogative is by far the largest constitutional issue of the three.

This House considered the matter recently as part of the annual Burns committee initiative, and last December more than 90 Members spoke. As we will all well recall, the overwhelming mood was one of great support for the Burns committee, and accordingly of curbing the Prime Minister’s prerogative. Indeed, the Public Administration and Constitutional Affairs Committee of the other place reported on 19 November on the matter. In a powerful analysis of the Prime Minister’s prerogative, it concluded at paragraph 35 of its report:

“It is important that the Prime Minister commits to the proposed cap and to limiting appointments in line with the proposed appointment formula”.


There are 791 Members of the House, of whom 178 do not owe their membership to a Prime Minister. That number is comprised of 26 bishops, 89 hereditaries and 63 Members who have come in through the House of Lords Appointments Commission. Some 613 Peers have therefore been appointed under the prerogative power, which is around 80%. I strongly believe that this dynamic represents a constitutional risk in that the prerogative is so concentrated in one person. That risk should be managed, and this Bill clearly represents a route whereby one might attempt that. However, as currently drafted, the Bill would increase the risk over time by removing half of the non-prime ministerially appointed buffer, although other dynamics are also in play to exacerbate matters.

I very much admire HOLAC. Its chairmen have crafted a first-class institution. It is, however, being somewhat smothered. In its first period under Labour Administrations between 2001 and 2010, 52 Peers were appointed in just over 10 years. That is an average of pretty well exactly five per year. In its current period under Conservative-led Administrations there have been 15 appointments, including three last June. That is an average of just under 1.8 per year. Actuarially, one would need three to four a year to maintain the current number of 63 HOLAC Peers. Accordingly, the HOLAC part of the buffer that is not appointed by the Prime Minister is shrinking. As I said, this Bill would see other parts of the buffer shrink further.