House of Lords (Hereditary Peers) Bill

Edward Leigh Excerpts

Committee of the whole House
Tuesday 12th November 2024 Commons Chamber

That lifetime guarantee appears now to have expired.

[Sir Edward Leigh (Gainsborough) (Con)]

I am a bit worried about what my hon. Friend is saying. Why do we need a comprehensive plan at all? Why not just leave it alone? As that great conservative, Lord Falkland, once said, “When it is not necessary to do something, it is necessary not to do it.”

[Alex Burghart]

As ever, my right hon. Friend is one step ahead of me. It is not that we seek a comprehensive reform of the House of Lords. It is that the Labour party promised that this would come. The Government promised that they would leave the remaining hereditary peers there until they had a plan for comprehensive reform, but that comprehensive plan is missing. Labour is throwing out the stone in the shoe of the accepted hereditary peers and dodging the hard, principled questions about how to ensure that the House of Lords functions most effectively.

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[Sir Gavin Williamson]

My right hon. Friend is spot on. There has sometimes been that confusion, and new clause 4, or anything that the Government would look to bring forward—as backed up by their manifesto and popular support for such a move—would mean that we could get the upper House working much better.

The introduction of a mandatory retirement age is another thoughtful and, dare I say it, far-reaching policy that was in Labour’s manifesto. I pay tribute to the Paymaster General. We all know he is one of the finest authors in this House, and his publications are still available on Amazon, although they are not quite as sought after as those of the former right hon. Member for Uxbridge and South Ruislip. I am sure that the volume on the Prime Minister that will no doubt be coming forward will be a real hot seller, but the Paymaster General is a great author and he came up with the mandatory retirement age, I imagine, and it is a good policy. It is certainly worth including in this legislation that he is bringing forward.

It is not onerous in adding too much to the Bill, and it would have a significant impact in reducing the size of the House of Lords. We know that the House of Lords is the largest legislative chamber outside of the People’s Republic of China. The simple act of introducing a mandatory retirement age, which was a key part of the Labour party’s manifesto, would considerably reduce the number of life peers. It would also have a significant impact on reducing the cost of the House of Lords.

[Sir Edward Leigh]

I am sorry to declare an interest, but why is my right hon. Friend so ageist? Some people are wonderful at the age of 80, and others are useless at the age 50.

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[Sir Edward Leigh]

It is an honour to follow my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), such a well-loved, distinguished and senior Member—even if he has only served 27 years in this House.

I have sat through the whole debate and I did not intend to speak, but I just want to reply to a few comments. By its very nature, the debate has been confrontational—that is what we do in this place. We tend to concentrate on what divides us rather than on what unites us, and I want to say something about what might unite us.

First of all, on the ideas that divide us, we are debating whether to abolish the hereditaries. The Labour party says that it is in its manifesto and therefore it can do what it wants. We say that that is gerrymandering, that the bulk of these people are hardworking and that by nature they are Conservatives, so this is an excuse to get rid of a large number of Conservative peers. The Government will carry on and do it anyway. That is clearly very controversial.

The next proposal, it seems, is to abolish the bishops. I heard what was said by my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), but there are all sorts of objections to doing that, not least because this is an established Church. Do we really want to attack a faith community? It is part of our history. Are the bishops really doing much harm in the House of Lords? Incidentally, because of our canon law, the Catholic bishops do not want to be Members of the House of Lords anyway, although they are apparently quite willing to support distinguished laymen to help the Catholic cause there—but we all know that. I do not think that we will ever reach an agreement on abolishing the bishops in the House of Lords.

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[Sir Julian Lewis]

Does the Father of the House agree that inevitably, given the nature of the Bill, we have been talking more about the process by which people become Members of the House of Lords than about the activity that it carries out? In particular, although not everyone in the House of Lords is an expert, a large number of them are: people who have reached the top of their respective professions, whether those professions be academia, the law, the arts or the judiciary.

Can the Father of the House cast his mind back to 1984, when he and I, having both fought the 1983 general election—he stood in Gainsborough and Horncastle, which is why he was in the House; and I stood in Swansea West, which is why I was not—co-operated on trying to have postal ballots for trade union elections? Does he remember that he introduced a Bill that got nowhere in this House, because of the strong whipping system of elected Members, but when we took it to the House of Lords we were able to persuade people on the arguments because of the light whipping? The amendment went through, and when the Bill came back to the Commons the then Government brought in their own measures to meet the point. Does he agree that, apart from creating gridlock, an elected second Chamber would not have the possibility of introducing fresh ideas that, once introduced, may be accepted by a Government in this place, but which would never get off the starting blocks if they were introduced in this place initially?

[Sir Edward Leigh]

That is a very good point. I remember that rebellion very well—it was the start of my many rebellions. I suggest to Labour Members that they should not rebel if they want get on in this place. We had a rebellion and finally won on that issue, and my right hon. Friend makes a very good point about how we won the argument. That underlines how important it is to have a second Chamber that is not composed of elected politicians. I really do not see the point of electing politicians to a second Chamber, because it would just be like this place: full of people who want to become Ministers and who are completely subordinate to the Whips.

What is the point of having an elected second Chamber? The whole point of a second Chamber is that it should be independent-minded, and the Lords are independent-minded. They regularly defeat the Government, and they actually have better debates than we do. The House of Lords is full of people who have tremendous experience in the professions, business and charities. I just do not see the point of getting rid of them lock, stock and barrel, but there is a perfectly good consensual argument that the number should be reduced. There are some people in the Lords whom we should remove either because they have not been appointed in an entirely right way or because they do not turn up.

[Sir John Hayes]

Further to the point made by my right hon. Friend, Bagehot spoke about this issue. He said that the distinguishing feature of the House of Lords is that its Members’ views are emphatically their own views. In his terms, they are not subject to social bribe, by which he meant that they are not answerable to constituents in the way we are, so they can make judgments entirely free of that pressure. That is a virtue of the current arrangements and, frankly, a virtue of the hereditary peerage too.

[Sir Edward Leigh]

I think we can all agree that the other place, for all that it is seemingly undemocratic, works quite well. The Lords actually listen to debates, and they vote according to their conscience. They regularly defeat the Government, and they improve Bills again and again. If it works, why change it?

Will the Paymaster General please think about the idea that I have suggested? We could get some sort of compromise by which all parties in the House of Lords are reduced by the same amount. We could reduce the Lords to around 600 Members, give more power to the House of Lords Appointments Commission and, in future, keep the number at about 600.

[Dr Murrison]

I am very much attracted to the argument laid out by the Father of the House. He is right to say that consensus in these sorts of matters is nigh on impossible, as poor Jack Straw found out in 2007. The Father of the House is also right to aim for a reductionist strategy in trying to decide what we can do to improve the situation. That will get a majority consensus in this House, difficult though census most certainly is in these matters.

This debate has been characterised by some levity, which is okay—it is positive. It probably reflects the fact that most of our constituents are not usually seized by constitutional matters, which is not to say that such matters are not important, because plainly they are. The attendance here today is not what one might expect for a matter of this importance. That probably reflects the fact that when we are all knocking on doors a few months ago, this kind of thing really was not No. 1 among people’s concerns, but it remains important nevertheless.

I confess that I have been on something of a journey since 2007, at which time I was persuaded that the upper House ought to be elected. I am not any more, because I have seen in the workings of this place how it is possible for this place ultimately to be challenged by a subordinate secondary Chamber that is itself elected. Try as I might, I cannot work out how it is possible to avoid that kind of situation. This is the primary part of our legislature, and that must remain the case. We must be unchallenged, but we need checks and balances, which is precisely what the upper House aims to provide.

Many have spoken today about who we might remove from the upper House. I have no objection in principle to the things that the Government are trying to do, but I am persuaded that matters of this sort should be part of a wider package, which is why I will be supporting the Opposition amendment today. However, my view is that we have probably got this round the wrong way, which is why I very much support the amendments being brought forward by my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) in relation to the bishops.

I remember when I was pontificating in another country—a majority Muslim country that was a nascent democracy—on democracy. At the end of my spiel, a lady put up her hand and, to her great credit, said, “I have listened very carefully to what you have said, but with the greatest of respect, who are you to come here and lecture us, given that you have within your legislature people who are there by dint of hereditary right and people who are there because they are part of a particular religious persuasion?”

We have heard some quotes today, including from G. K. Chesterton. I am not sure whether I can match that, but I think I probably can. Robert Burns said:

“O wad some Pow’r the giftie gie us

To see oursels as ithers see us!”

I like that. He is saying that it is important to note how we appear to other people, other countries and other legislatures, and it seems to me that that lady, all those years ago, had the measure of it. We may not think we are a theocracy in the same way as Iran is, or that we retain the hereditary principle in the same way as Lesotho or Swaziland do, but we are and we do. We need to remedy that, because appearances matter and that lady was absolutely right. That is why I support my right hon. Friend’s amendment, and I hope that the Government will reflect on that.

I also agree with the assertion of the hon. Member for Perth and Kinross-shire (Pete Wishart) that this is it, and that it is no good hoping for another Bill. That Bill is not going to come. If it does, there is no guarantee that it will not end up in the same place as poor Jack Straw’s measures ended up in 2007. Given the difficulty with consensus, I suspect that that is exactly where such a measure would land. So this is it.

I do not particularly want to see our legislature populated by people who are there because they are representative of one particular faith community in this country. I am an Anglican, just like my right hon. Friend the Member for Stone, Great Wyrley and Penkridge. I am a practising Anglican and I value the views of bishops —of course I do—but it is simply not right to have them being politicians in dog collars generally propagating a left liberal world view. I would much rather that they were in their dioceses engaged in the cure of souls. That is where I, as an Anglican, want to see them.

I will certainly support my Front Bench’s measured amendments this evening. I very much hope that the Government have been listening carefully to what has been said. These grave, serious matters need to be debated in a careful and measured way. I see virtue not in ploughing ahead with the Bill as an emergency but in incorporating it into a wider set of proposals at a later stage, although hopefully not too late, so that we can consider these things in the round. I hope we will be able to see those proposals before too long. I live in hope.

The Labour party has had 14 years to consider all of this. My view is that this Bill will be it. That is disappointing and a missed opportunity.