House of Lords (Hereditary Peers) Bill

Debate between John Hayes and Ellie Reeves

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

[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.

House of Lords (Hereditary Peers) Bill

Debate between John Hayes and Ellie Reeves

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Sir John Hayes]

rose—

[Ellie Reeves]

I will give way.

--- Later in debate ---

[Ellie Reeves]

The Salisbury convention means that measures that were proposed in manifestos cannot be blocked, but an agreement made a quarter of a century ago cannot now bind this Government and this House. This measure was a clear manifesto commitment, and it is important that we proceed with the Bill.

We heard a great many speeches today. Members including the right hon. Member for South Holland and The Deepings (Sir John Hayes)— I know he is keen to intervene—spoke of the experience and the contributions of hereditary peers. Let me make it absolutely clear that the Bill is not about individuals, but about fulfilling a manifesto commitment to remove the right of hereditary peers to sit and vote in the House of Lords. Of course this Government value the contribution of hereditary peers, but retaining 92 of them was always intended to be a temporary measure, and now is the right time to introduce this reform. The Government were elected with a clear mandate to address the issue, and the Bill is delivering on that.

[Sir John Hayes]

I do not support the removal of those peers, but if it were part of a bigger package of reform, one could at least argue, from the Minister’s point of view, that it was a holistic measure in line with a manifesto commitment. This is a very partial reform, which focuses on the removal of those very hard-working and good hereditaries, rather than being part of a more creative and holistic solution.

[Ellie Reeves]

We said in our manifesto that removing the 92 remaining hereditary peers from the legislature was a first step towards achieving the reforms of the House of Lords that we wanted to see, and it is right that we do not delay that first step. The wording in our manifesto was clear: this would be an “immediate” first step, and that is what we are delivering in the Bill.

The right hon. Member for South Holland and The Deepings and the hon. Member for Romford (Andrew Rosindell), among others, talked about our traditions. Any suggestion that the Government are somehow against traditions or the ceremonies of our past is nonsense. We value and respect our history, and its continued inclusion in our national life makes our country all the better, but the continued reservation of those 92 seats for people who are simply there because of the families they were born into cannot be justified any longer. That is an important matter of principle.

A number of Members, including the hon. Member for North Dorset (Simon Hoare) and the right hon. Member for Herne Bay and Sandwich (Sir Roger Gale), wondered whether hereditary peers could be given life peerages. As my noble Friend Baroness Smith of Basildon said in the other place when the Bill was introduced, Members who leave as hereditary peers can return as life peers. There is nothing to prevent them from doing so if their party wishes to nominate them in the normal way.