House of Lords (Hereditary Peers) Bill

Ellie Reeves Excerpts

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

[The Minister without Portfolio (Ellie Reeves)]

Thank you, Madam Chair. It is a pleasure to serve under your chairship, as I open this Committee of the whole House.

As I noted a number of times on Second Reading, this is a short and focused Bill. It delivers on the Government’s manifesto commitment to bring about an immediate reform by removing the rights of the remaining hereditary peers to sit and vote in the House of Lords. This Bill is a matter of principle. In the 21st century, it cannot be right for there to be places in our legislature reserved for those born into certain families. Having now seen all the amendments tabled by parties from across the House, it is clear that there is no principled objection to the aim of the Bill, which is to remove the right of people to sit and make laws in our legislature by virtue of an accident of birth. Therefore, I hope that all Members across the House can join Government Members in voting for this important and long-overdue legislation.

I look forward to hearing from hon. Members over the course of today’s debate, but I shall start with the detail of the Bill itself. Clause 1 is clear, straightforward and central to the overall purpose of the Bill. It removes membership of the House of Lords from the remaining hereditary peers. Specifically, clause 1 repeals section 2 of the House of Lords Act 1999, which currently provides an exception to the general exclusion of hereditary peers from membership of the House in section 1 of the 1999 Act. Under that exception, 90 hereditary peers and those hereditary peers holding the office of Earl Marshal or performing the office of Lord Great Chamberlain continue to be Members of the other place.

The clause is a core part of the Bill and delivers the Government’s clear manifesto commitment to remove the right of the remaining hereditary peers to sit and vote in the other place. It will result in the removal of the 92 reserved places for hereditary peers. There are currently vacancies in the seats reserved for hereditary peers—at present, there are 88 hereditary peers in the other place. Such vacancies would usually be filled by a hereditary peer by-election, but such by-elections have been paused until January 2026 by changes to the Standing Orders agreed by the other place in July 2024.

The Government value the good work done by hereditary peers, and we have spoken on several occasions about the individuals who have served in Parliament with duty and dedication. These reforms are not personal, but they are long overdue and essential.

[Sir Julian Lewis (New Forest East) (Con)]

The Government would find considerable sympathy for their position if they were to make provision for those hereditary peers currently in the House of Lords who have done good work and who have acquired a lot of experience by possibly introducing a phase-out or a generous allocation of life peerages to those who are considered worthy on the basis of their past record of participation.

[Ellie Reeves]

I thank the right hon. Member for his intervention. There would of course be no bar on the Leader of the Opposition nominating any of those who have served as hereditary peers for life peerages in the normal way.

[Sir Julian Lewis]

That sounds reasonable, except for the fact that, unless there were a phasing of the process, it would not be possible within the numbers available to the Leader of the Opposition to nominate more than a small fraction. Can the Minister offer any more flexibility on that?

--- Later in debate ---

[Ellie Reeves]

I thank the right hon. Member for his intervention, but, with the greatest of respect, it is for the Leader of the Opposition to nominate those whom they consider appropriate for life peerages. On phasing out, the measures in the 1999 Act were meant only to be temporary ones. Twenty-five years later, we are still having these debates.

Clause 2 abolishes the jurisdiction of the House of Lords in relation to hereditary peerage claims. I appreciate that the subject of hereditary peerage claims may be a novel one to hon. Members and one that was not discussed on Second Reading, so let me provide a clear explanation of what hereditary peerage claims are, why they are mentioned in the Bill, and why the Government are proposing to remove the jurisdiction of the House of Lords. A hereditary peerage claim—or peerage claim, as I will refer to them—is when a person seeks to be formally recognised as the holder of the title of a hereditary peerage. Usually, the claimant of the peerage is the undisputed heir and is simply entered on the Roll of the Peerage following an application to the Lord Chancellor.

However, there can be some cases where the claim is disputed or complex. Currently, these cases are usually referred to the other place to advise the Crown on how to determine the claim. The House also confirms undisputed successions of Irish peerages in parallel with an application to the Lord Chancellor. Complex or disputed peerage claims occur very infrequently. There have been fewer than 10 claims considered by the other place in the past 50 years. Given that the Bill removes the final link between hereditary peerage and membership of the House of Lords, it is no longer appropriate for these issues to be dealt with by the other place. That is why the Bill would abolish the jurisdiction of the other place in relation to peerage claims. The intention is that future complex or disputed peerage claims that would otherwise have been considered by the other place will instead be referred to the Judicial Committee of the Privy Council under section 4 of the Judicial Committee Act 1833.

Undisputed successions to Irish peerages will, like other types of peerage, continue to be dealt with by the Lord Chancellor. As hon. Members know, the Judicial Committee of the Privy Council, which is made up of justices of the Supreme Court and other senior judges, already has a well-established constitutional role in advising the sovereign and is the appropriate body to consider these matters. The Government have discussed this matter with the Judicial Committee of the Privy Council, which is content to take on this function. Therefore, the Government believe that, following the removal of the hereditary peers, it is appropriate for the other place’s jurisdiction in relation to peerage claims to come to an end.

I thought that it would be helpful to briefly address amendment 26 to this clause tabled by the hon. Member for Brentwood and Ongar (Alex Burghart). The amendment makes it explicit that the jurisdiction for considering peerage claims would be transferred to the Judicial Committee of the Privy Council. The Government’s position is that it is unnecessary to expressly state in the Bill the transfer of the jurisdiction of peerage claims. That is because, as I have set out, matters such as peerage claims can already be referred to the Judicial Committee of the Privy Council by the Crown under section 4 of the Judicial Committee Act 1833. I therefore urge the hon. Member not to press his amendment.

Turning to other parts of the Bill, clause 3 makes consequential amendments to reflect the repeal of section 2 of the House of Lords Act 1999, and more generally on the basis that there will no longer be any Members of the House by virtue of a hereditary peerage. The amendments reflect the fact that certain provisions in the Peerage Act 1963, the House of Lords Act 1999, the Constitutional Reform and Governance Act 2010, and the House of Lords Reform Act 2014 are now redundant as a result of this legislation.

Clause 4 sets out the territorial extent of the Bill and when it will commence. An amendment or repeal made by the Bill has the same extent as the provision amended or repealed. Subject to that, the Bill extends to England and Wales, Scotland and Northern Ireland.

[Sir John Hayes (South Holland and The Deepings) (Con)]

There are those who believe that this reform is about making the House of Lords more democratic. Clearly, the Minister cannot be among them, because these provisions do not seem to make it any more democratic in a meaningful way. Can she confirm, therefore, that she is not in favour of a more democratically elected House of Lords?

[Ellie Reeves]

This legislation is the first step of reform of the House of Lords, as set out in our manifesto. In our manifesto, we committed to this reform immediately, which is why we are discussing it today.

On commencement, the Bill will come into force at the end of the Session of Parliament in which it receives Royal Assent. If the Bill passes in this Session, hereditary peers who are Members of the other place will depart at the end of the Session. The timing of the implementation of the Bill ensures the delivery of the manifesto commitment for immediate reform in a timely fashion while not undermining the business of the House with the sudden departure of a number of hereditary peers in the middle of a parliamentary Session.

[Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)]

My right hon. Friend the Member for New Forest East (Sir Julian Lewis) touched on when the Minister thinks more legislation will be coming forward, and the Minister proudly boasted about delivering on one of Labour’s manifesto commitments. When, over the next two, three or four years, does she anticipate the other pieces of legislation will be forthcoming to deliver on the rest of the manifesto?

[Ellie Reeves]

We have made it clear that this is a first step of reform. We are committed to the other reforms set out in the manifesto, but it is important that there is proper consultation and that we take time to ensure that they are done in the right way. That work is ongoing.

Subject to the timely progress of the Bill, it will give due notice to existing hereditary peers, allowing for opportunities to give valedictory speeches, which is consistent with the approach taken in the 1999 Act.

[Sir Ashley Fox (Bridgwater) (Con)]

On the future reforms, does the Minister not accept that when House of Lords reform was discussed in 1998-99, the hereditaries were retained as a temporary measure, yet the Labour Government never came forward with the second stage? Does she appreciate that many of us are slightly cynical about this Government’s ever bringing forward a future stage, so the solution might be to delay commencement until they bring forward proposals?

[Ellie Reeves]

Opposition Members had 14 years to bring about reform of the House of Lords, if that was what they wanted to do—but alas, they did not. Instead, this Government are taking an immediate first step on the road to reform of the House of Lords. It is long overdue and we are getting on with it.

Clause 5 simply establishes the short title of the legislation as the “House of Lords (Hereditary Peers) Act 2024”. If the Bill is passed in 2025, the short title will automatically be changed to the “House of Lords (Hereditary Peers) Act 2025”.

I note that a number of new clauses have been tabled. Of course, I look forward to hearing from the newest zealous member of the cause for constitutional reform, the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), as well as from the hon. Members for Richmond Park (Sarah Olney) and for Perth and Kinross-shire (Pete Wishart) and others. I will not prejudge what they have to say on these matters, but I note again that this is a focused Bill that delivers on a clear manifesto commitment.

As I have said, the Bill is the first step in the Government’s broader plans to reform the second Chamber. We recognise that other elements of that agenda are more complex, and it is right that we take time to consider them properly.

[Freddie van Mierlo (Henley and Thame) (LD)]

Why are the Government proceeding with such timidity and “first steps” when they have such a large majority and could push through their will if they wanted to?

[Ellie Reeves]

This is an immediate first step on the road to wider reform, and one that is long overdue since the 1999 Act. It is right that we are getting on with it, and doing so in the first Session of this Parliament.

[Sir Gavin Williamson]

The hon. Lady has tried to paint the Labour party as a great reforming party; yet in 2012, when there was an opportunity to reform the House of Lords systematically, Labour Members voted against it. Why is she so scared to take on more bold suggestions to deliver her manifesto?

[Ellie Reeves]

Previous attempts to reform the other place all in one go have failed. We want to see immediate reform of the other place, which is why we are getting on with this straightaway. We can then engage and consult on how best to deliver the other reforms, which we have set out clearly in our manifesto.

Alongside the Bill, the Leader of the House of Lords is engaging in dialogue with the other place on taking forward reforms to bring about a smaller and more active second Chamber. In fact, as we speak, she is leading a debate on that very subject in the other place. I look forward to further discussions on this matter in the House in due course, so that we get it right. None of the amendments that have been tabled contest the objective of the Bill to remove the right of people to sit and make laws in our legislature by virtue of an accident of birth. They should, therefore, not prevent us from making progress on this important and long overdue reform.

[Alex Burghart (Brentwood and Ongar) (Con)]

It is an honour to speak to the Bill in Committee. When we last discussed it, on Second Reading, my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden)—a very great man—set out why the Opposition do not approve of the way in which the Government are going about this change. We believe that this nervous little Bill is misconceived and perhaps, at its worst, dishonest.

--- Later in debate ---

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

I call the Minister.

[Ellie Reeves]

Thank you, Madam Chair. I am grateful to right hon. and hon. Members for taking the time to debate these issues in Committee, and I have listened to their contributions with interest. I am particularly grateful to my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), as well as to other Labour Members, for providing a powerful voice in support of this important legislation.

I am grateful to the hon. Member for Richmond Park (Sarah Olney), who demonstrated on Second Reading that there is strong cross-party support for this first step in reforming the upper Chamber. I am also grateful to the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), who has taken a surprising interest in these issues, and to the hon. Member for Perth and Kinross-shire (Pete Wishart). I stress that we are grateful to all peers, including hereditary peers, who have committed themselves to valuable public service. I reiterate that there is no block to hereditary peers coming back as life peers if their party wishes to nominate them.

What has become clear during the course of this debate is that the Conservatives do not have a coherent position on House of Lords reform. It is not clear whether the Opposition Front Benchers want to retain hereditary peers; it is not clear whether they want faster and further reform; and it is not clear whether they agree with the amendments tabled by the right hon. Member for Stone, Great Wyrley and Penkridge. But what is clear is that they cannot agree among themselves about the Bill—more division and chaos.

[Stephen Gethins]

The Minister will be aware that it has been over 100 years since Keir Hardie committed to abolishing the House of Lords so, to be clear, will we have to wait another 100 years for the Labour party to get around to it?

[Ellie Reeves]

We have taken an immediate first step, as set out in our manifesto, to remove hereditary peers from the House of Lords. The hon. Member will know well that there were a number of other commitments in our manifesto, and we are considering the best way to implement them. It is right that we take the time to do that properly.

I will address the amendments. New clause 20, tabled by the hon. Member for Brentwood and Ongar (Alex Burghart), seeks to provide a description of the purpose of the Bill. The Government cannot accept his new clause. His explanatory statement says:

“This new clause describes the purpose of the Bill.”

For his benefit, I am happy to clarify the purpose of the Bill, which should be self-evident to anyone who has taken the time to read it. The Bill is designed to remove the outdated and indefensible right for hereditary peers to sit and vote in the upper Chamber. In 2024, no place in our legislature should be reserved for individuals who are born into certain families. I add that his new clause fails to take into account the presence of the Law Lords. Several such peers sit in the other place, and make a valuable contribution to its proceedings, as Members of the Lords Temporal under the Appellate Jurisdiction Act 1876. His new clause therefore falls at the first hurdle, and I respectfully ask him not to press it to a Division.

Amendment 25, also tabled by the hon. Member for Brentwood and Ongar, seeks to delay the Bill’s implementation. Delaying its implementation goes against the Government’s manifesto commitments. We were clear that we would implement immediate reform to the second Chamber by removing the outdated and indefensible right for hereditary peers to sit and vote in the House of Lords. The Government set out in our manifesto a number of other commitments to reforming the other place, and it is right that we take the time to consider how best to implement them. I therefore ask the hon. Member not to press the new clause to a Division.

Amendments 8 and 9, and new clause 7, which were tabled by the hon. Member for Richmond Park, seek to impose a statutory duty on the Government to take forward proposals to secure a democratic mandate for the House of Lords via the introduction of democratically elected Members. Although the Government agree with the hon. Member that the second Chamber needs reforming, we cannot accept this amendment. This is a focused Bill that delivers the Government’s manifesto commitment to bring about an immediate reform by removing the right of the remaining hereditary peers to sit and vote in the House of Lords.

The Government have committed to more fundamental reform through the establishment of an alternative second Chamber that is more representative of the regions and nations of the UK. The Government will consult on proposals in order to provide the public with an opportunity to give their views on how to ensure this alternative Chamber best serves them. Details of the process will be set out in due course, and the House will no doubt take a close interest in that process as it is taken forward. It is right that we take time to consider how best to implement the other manifesto commitments, including our commitment to consult on an alternative second chamber, engaging with parliamentarians and the public where appropriate over the course of this Parliament. With that in mind, I ask the hon. Member to not press her amendments to a Division.

I now turn to new clause 8, tabled by the hon. Member for Richmond Park, and new clauses 9, 10 and 14, tabled by the hon. Member for Perth and Kinross-shire, regarding the role of the House of Lords Appointments Commission in advising the Prime Minister on appointments to the other place. I thank the hon. Members for their interest in reform of the House of Lords’ appointment process. I think we are all in agreement that it is vital that peers meet the high standard that the public expect of them, for the good functioning and reputation of the second Chamber and of Parliament more broadly.

Constitutionally, it is for the Prime Minister—accountable to Parliament and the electorate—to make recommendations to the sovereign on new peers. As part of its role, the House of Lords Appointments Commission advises the Prime Minister on the propriety of nominations to the House. In that role, HOLAC considers whether a person is in good standing in the community in general and with the public regulatory authorities in particular, and whether the past conduct of that person would not reasonably be regarded as bringing the House of Lords into disrepute. The Prime Minister of course respects and values the commission’s advice, and will place great weight on it when making decisions on peerage recommendations. The hon. Members will be pleased to know that the Government’s manifesto committed to improving the appointments process to ensure the quality of new appointments, and to seek to improve the national and regional balance of the second Chamber so that it better reflects the country it serves. The Government are actively considering how this can be achieved.

New clause 14, tabled by the hon. Member for Perth and Kinross-shire, would remove the Prime Minister’s role in advising the sovereign on new appointments and hand it completely to the House of Lords Appointments Commission. That would be a significant change to the commission’s role, one that would require very careful consideration. This, however, is a focused Bill that delivers the Government’s manifesto commitment to bring about an immediate reform by removing the right of the remaining hereditary peers to sit and vote in the other place. I therefore respectfully request that the hon. Members not press their new clauses to a Division.

New clauses 11 and 12, tabled by the hon. Member for Perth and Kinross-shire, relate to Members or prospective Members of the other place who have made registered political loans or donations of over £11,180 since 2001. The Government believe that the second Chamber is enriched by Members who bring diverse experience in support of the House of Lords’ core functions of scrutinising legislation and holding the Government of the day to account. The House of Lords Appointments Commission is responsible for vetting all candidates for propriety, and considers party donations as part of that vetting. I therefore respectfully ask the hon. Member not to press his new clause to a Division.

Amendment 15 and new clause 13, tabled by the hon. Member for Perth and Kinross-shire, would prevent individuals who were Members of the House of Commons in the current or previous Parliament or in the previous five years from being appointed as, or remaining as, Members of the House of Lords. I should declare an interest: my husband, until recently the hon. Member for Leyton and Wanstead, is now a Member of the other place and is also a Government Whip. This is recorded in the list of Ministers’ interests that was published last week.

I thank the hon. Member for tabling those amendments; however, the Government cannot accept them. As I said, the Government are supportive of the inclusion of individuals from all backgrounds, and believe that the other place is enriched by Members who bring diverse experience. That of course includes former Members of this place. Former Members can bring valuable insights to the other place, particularly with their experience of the scrutiny of legislation. Denying such eligibility for a specific time period would be unnecessary and prevent valuable contributions being made. I therefore ask the hon. Member not to press his amendments.

--- Later in debate ---

[Sir Gavin Williamson]

Will the hon. Lady give way?

[Ellie Reeves]

The Bill has the simple objective of removing the remaining 92 spaces reserved for hereditary peers in the House of Lords, thereby completing the process started in 1999.

[Sir Gavin Williamson]

Will the hon. Lady give way?

[Ellie Reeves]

I was very generous with my time in my opening remarks and we have had a full debate.

Of course, the Government have committed to wider reforms to the other place, including establishing an alternative second Chamber that is more representative of the regions and nations of the UK. The Government will consult on proposals to seek the input of the British public on how politics can best serve them. However, as I have set out, this Bill is not the vehicle for considering wider changes. I therefore respectfully request that the right hon. Member does not press the amendments.

Amendments 3 and 7 and new clause 3, which were also tabled by the right hon. Member for Stone, Great Wyrley and Penkridge, would introduce a retirement age of 80 for Members of the other place. Amendment 4 and new clause 4, which were also tabled by the right hon. Member, seek to impose a participation requirement on all Members of the House of Lords.

[Sir Gavin Williamson]

Will the hon. Lady give way?

[Ellie Reeves]

The introduction of a retirement age or a participation requirement is not the purpose of the Bill. The right hon. Member, along with other Members of the House, will be aware that the Government included a commitment in their manifesto to introduce a mandatory retirement age, whereby at the end of the Parliament in which a Member reaches 80 years of age, they will be required to retire from the House of Lords. I am sure he is also fully aware that the Labour manifesto included a commitment to introduce a participation requirement for peers. The House of Lords plays an important role in scrutinising legislation and holding the Government of the day to account, and the Government recognise the valuable contribution of many peers. It is important that all Members participate in support of those core functions.

[Sir Gavin Williamson]

rose—

[Ellie Reeves]

I give way.

[Sir Gavin Williamson]

I thank the hon. Lady for giving way. What is being proposed in these clauses is very much in the spirit of the Labour manifesto. I appreciate the fact that the Government are going to whip their party hard in order to defeat their own manifesto and any potential changes, but will she engage with me and other colleagues to discuss how she could implement these changes as part of the Bill in the other House, because there is an appetite for them and it is disappointing, especially on the Lords Spiritual, that they are going to impose a three-line Whip on an issue of conscience?

[Ellie Reeves]

It is good to see the right hon. Member’s enthusiasm for reform of the House of Lords; it is a shame that he has only found it now that he is in opposition, not over the past 14 years when his party was in government and could have done something about it. This is an immediate first step, as was set out in our manifesto. We have been clear that we will consult about the implementation of the other measures set out in our manifesto and we will do just that.

We have heard a range of views today on the Government’s other manifesto commitments, including exactly how a participation requirement might work. The debate has shown why it is exactly the right thing that the Government take time to consider how best to implement the other commitments, while starting with the immediate reform that the Bill will deliver.

In conclusion, the amendments tabled by Opposition Members are not appropriate for the Bill, which deals with one principal issue—the need to remove the outdated and indefensible right of hereditary peers to sit and vote in the House of Lords. That is our objective and we are focused on delivering it. The Government intend to deliver the other manifesto commitments to bring about a smaller and more active second Chamber. We are also committed to replacing the other place with an alternative second Chamber that is more representative of the regions and nations. As I said, we will consult on proposals and seek the input of the British public on how politics can best serve them.

Reform of the House of Lords is long overdue and essential. The Government are committed to delivering those reforms, and passing this vital legislation is the first step on that journey. In that spirit, I commend the Bill to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Clause 4

Extent and commencement

Amendment proposed: 25, page 2, line 16, leave out from “force” to end of line 17 and insert

“only when the House of Commons has agreed a resolution which—

(a) endorses the conclusions of the report a joint committee appointed for the purpose specified in subsection (3A), and

(b) determines accordingly that this Act shall come into force at the end of the Session of Parliament in which this resolution is passed.

(3A) The purpose of the joint committee of the House of Commons and the House of Lords referred to in subsection (3) is to consider and report upon the Government’s stated plans for reform of the House of Lords, including—

(a) the removal of the right of excepted hereditary peers to sit and vote in the House of Lords,

(b) the introduction of a mandatory retirement age for members of the House of Lords,

(c) a new participation threshold to enable continuing membership of the House of Lords,

(d) changes to the circumstances in which disgraced members of the House of Lords can be removed, and

(e) changes to the process of appointment of members of the House of Lords.”—(Alex Burghart.)

This amendment provides that the Bill would only come into effect after the report of a joint committee on wider reforms of the composition of the House of Lords has been approved by a resolution of the House of Commons.

Question put, That the amendment be made.