House of Lords (Hereditary Peers) Bill

Debate between Gareth Snell and Richard Holden

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Gareth Snell]

I thank the right hon. Gentleman for his support. There will be more legislation. I am not a Front Bencher, but I know, because our manifesto said that we were committed to further reform, that that time will come. I am sure that there will be legislative time and that he will have an opportunity later in the debate to put the question to Labour Front Benchers directly, or perhaps to table a business question for a Thursday morning.

To draw my comments to a conclusion—

[Mr Holden]

Will the hon. Gentleman give way?

[Gareth Snell]

I would rather not, if that is okay—anyone else but the right hon. Gentleman. He was only 10 votes away from potentially getting a peerage himself, so perhaps for that reason he may not want to comment on the appointment process.

[Mr Holden]

The hon. Gentleman has had a nice laugh at my expense, but he knows what it is like to lose an election and to move seats. He made a good point about the Labour manifesto including the removal of hereditary peers, but as my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) made clear, the same paragraph includes the introduction of a retirement age at 80. Will the hon. Gentleman welcome any amendments to introduce that in this legislation?

[Gareth Snell]

Again, I am surprised I have to explain to the right hon. Gentleman how legislation works. A Government do not legislate on their whole manifesto in one Bill at the beginning of a Parliament. Those on my party’s Front Bench have said, and I fully accept that this is the right way to do it, that there will be a sequence of reforms over time, starting with the expulsion of the hereditary peers. That is the simplest way to start this process, allowing time and space for considered debate about the other proposed reforms that were in our manifesto and were supported by the British people.

In conclusion, all this Bill does is seek to end a 27-year anomaly that first came about when the Conservative party objected to previous reforms. By voting for it tonight, we can start to right that wrong, and we can start ourselves on a process of reform of the House of Lords. I look forward to welcoming all my new reforming friends to join us in the Aye Lobby this evening.

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[Mr Richard Holden (Basildon and Billericay) (Con)]

I am grateful to be called in this important debate. I have a little bit of experience of this issue, having served as a special adviser in the House of Lords, working with the now Leader of the House of Lords when she was on the Opposition Front Bench. I also worked with Baroness Stowell of Beeston and as special adviser to Baroness Evans of Bowes Park, as well as with some hereditary peers, including Freddie, Lord Howe and Patrick, the Earl of Courtown. It is important to acknowledge, as many Members have, the service that all Members of the House of Lords give to our country.

Ministers perhaps did not understand exactly where I was coming from when I intervened earlier, but my point has been made by Members from across the Opposition Benches. Why go for piecemeal reform when the Government have the space to ask the country what it wants? Why not put something forward with the legislative time available, as my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) said? We could have a proper debate, as the hon. Member for Boston and Skegness (Richard Tice) said, on the future of the country.

[Gareth Snell]

The right hon. Gentleman has made a number of contributions this afternoon and I have listened to them all, but I am not clear whether he supports the removal of hereditary peers from the House of Lords. Perhaps before he concludes his speech he could put it very clearly on the record whether he supports the principle of removing hereditary peers.

[Mr Holden]

I thank the hon. Member for his question. I do support their removal, but as part of a broader package of measures. I think that is the issue at stake today which Members on the Opposition Benches are concerned about. This piecemeal reform, which will remove people who are there by an accident of birth, will leave people in the House of Lords who are also there by accident or, in the case of bishops, by faith. It will leave the issue the public are perhaps most concerned about, which is pure patronage. Those two issues have been left totally to one side in the speeches made by Government Members. If we are to look at this issue properly, we need to look at it in the round.

We have had piecemeal change over the last few years. I was working in the House of Lords when voluntary retirement was introduced. That was built on many measures over the years, including the Life Peerages Act 1958, which was passed by a Conservative Government. If we are going to consider changing the situation in the House of Lords and what it is going to be, other conventions will be called into question. Surely it would be better to deal with the whole issue and get it right, than to have to legislate two or three times, or make further changes down the line? Why not get something that the whole House and the country can have a proper debate on and reach proper agreement, and then legislate in one piece?

[Mr Holden]

I totally agree with the hon. Member. It is interesting that the Bill has not been subject to the pre-legislative scrutiny that would normally come forward, because of the broader implications for the second Chamber. I want it done properly, as a full package. I do not think slice-by-slice reform is what the country wants. I have some sympathy with those on the Liberal Democrat Front Bench who see the Bill as a step in the right direction, but I fundamentally disagree with them. We need a full package of reforms to see where we wish to end up.

[Gareth Snell]

rose—

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[Mr Holden]

I certainly did not find it in Basildon and Billericay—or in Romford when I visited it with my hon. Friend, or, indeed, in other seats across the country—and I think that our constituents will be slightly baffled. When it comes to a big piece of constitutional reform, why should this Government want to come forward with, potentially, a multiplicity of different Bills throughout the current Parliament, rather than putting something to the public to have a look at now, and then having a look at it right at the end? What constituents have been mentioning in recent weeks and months is their concern about the winter fuel payments or about what might be in the Government’s new Budget, particularly the jobs tax, which they fear will hit jobs throughout the country.

[Gareth Snell]

Will the right hon. Gentleman give way?

[Mr Holden]

I do not want to take up too much of the House’s time, so I am trying to reduce the number of interventions that I take.

My hon. Friend the Member for North Dorset (Simon Hoare) hit the nail on the head when he said that this was a proper missed opportunity, but my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) made some important points. As he said, when we legislate we have to do so carefully, because we are fundamentally changing the nature of what we are looking at. Proper reform has been wanted by generations of politicians on both sides of the House, but particularly those in the Labour party. I do not understand why at this stage, with such a large majority and with time on their side, the Government are not seeking to put those changes through properly.

[Gareth Snell]

rose—

[Mr Holden]

I will give way again.

[Gareth Snell]

I thank the right hon. Gentleman. Perhaps I can help him. As a former special adviser in the House of Lords, he will know that carrying out reform in that House is incredibly complex. There appears to be a general consensus across all parties in this House on the eradication, or rather the expulsion, of the hereditary peers. If it were part of a larger combined bid, the right hon. Gentleman would risk losing that principle, because there would be more for us to fall out over and disagree on. Inevitably, his party would vote against it in Committee and on Third Reading, which would leave the whole package potentially at risk.

[Mr Holden]

I think that the hon. Member is missing my point. We have to see this as part of a package. Lord Irvine spoke about it in 1999. The hereditary peers were being kept there as the stone in the shoe, and should not be removed until the wider reform was settled. The Government have a very large majority in this House. They can certainly get stuff through if they wish, and I urge Ministers to consider that comprehensive reform. I understand what the hon. Member is saying—why not do it slice by slice?—but I think that the entire point of the hereditaries being there shines a light on the greater issues we are facing in the House of Lords, as was mentioned earlier by, for instance, my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) when he was talking about the religious Members of the Lords. If we are going to do a package, let us do a proper package.

It also concerns me that, having proposed a retirement age in their manifesto, the Government are apparently not seeking to legislate on that now. Why not? The scope of the Bill in relation to membership of the House of Lords is clearly wide enough for the purpose. In the Canadian upper House, for instance, the retirement age is 75, and in this country there is a mandatory retirement age of 75 for judges. I should be interested to hear from Ministers how they can justify a mandatory retirement age of 75 for those who interpret the law, but cannot justify it for those who make the law—not democratically elected, as Members well over that age have been in this House, but appointed. That is where the similarity with judicial appointments comes in. If the Bill is passed, Members of the House of Lords will be purely appointed. Obviously, there is already a retirement age for Lords Spiritual.

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[Mr Holden]

What we are discussing today is a policy of the Government. My party is in opposition, because its manifesto was rejected by the public at the last general election. We are discussing a policy of the Government and what was in the manifesto on which the hon. Gentleman stood. It will be interesting to see whether he and others will back the manifesto on which they stood if amendments are tabled by the Opposition. We will have to see about that over the coming weeks.

[Gareth Snell]

Will the right hon. Member give way?

[Mr Holden]

Not again.

Currently, Members of the House of Lords are there by birthright or appointed by God, as it were, or the Prime Minister. The Prime Minister is going to pull out the hereditary peers, so it will just be him and God appointing people if this legislation goes through unchallenged. Putting even more power in the hands of the Executive—they have a majority of 174, as the hon. Member for Bournemouth East (Tom Hayes) said, although some of their Members come and go at the moment—is a really dangerous thing to do, and we are not looking at the comprehensive package of reform that was promised.

Labour Members have talked about things that happened 25 years ago, when I—even though I might not look it—was still in short trousers. We need to reflect on the fact that this is a very different time from then. I hope that those on the Government Front Bench will consider what those on the Opposition Front Bench have mentioned today and look at the broader package, rather than looking at this issue in isolation, because they have the time and space to do so. I think the public would like to see a proper package brought forward, and the Government should concentrate on the people’s priorities, which are the cost of living and taxation.