House of Lords (Hereditary Peers) Bill

Josh Fenton-Glynn Excerpts

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

Looking at the other side of the Chamber, I see the coat of arms of our late, dear friend Sir David Amess, who was murdered exactly three years ago today. He was a staunch defender of our traditions, our conventions and our British constitution. If he were here, I have no doubt he would argue to protect the institution of the House of Lords. I will be doing the same, and I am proud to do so.

The English constitution is not something that can be drafted today by a 21st century-style committee of experts. If we were to establish such a body, its product would be alien to us and offer far less respect and admiration than what we have today. Indeed, our English constitution—[Interruption.] Our British constitution is our birthright and the envy of the world. It is like a fine, intricate oil painting, with brush strokes meticulously painted by generation upon generation over a millennium. Our constitution depicts a priceless image of the values, the character and the way of life of the British people. I believe we must cherish and defend it, not discard it so easily without careful thought and attention to what we are doing.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

The hon. Gentleman talks movingly, comparing our evolving and changing constitution to art, but are the measures set out in the Bill not just the latest in the evolution of that changing constitution, which will make it ever better?

[Andrew Rosindell]

If we are to change our constitution so radically—I believe the Bill creates a radical change—then that should be done with thought, care and attention, as well as consultation and careful consideration. As I pointed out to my right hon. Friend the Member for Basildon and Billericay (Mr Holden) earlier, I do not think this is an issue on the doorstep anywhere. During the general election campaign, I do not think anyone raised the issue as a serious matter they wanted us to deal with. There are so many other issues, yet we are rushing to make a major constitutional change without giving it due consideration.

We share a deep intergenerational responsibility in this House that rests heaviest on the Government of the day. We are the custodians of our nation and all that belongs to it, and not its master. We have a responsibility to preserve our nation and its constitution—an obligation between those who have passed on, those who are living and those who are yet to be born. That is the importance of the hereditary principle, something that Members on the Government Benches, and indeed some on the Conservative Benches, fail to appreciate.

Tony Blair’s new Labour Government took a three-inch-wide paintbrush to remake this great work of art of generations in their own image. They started a programme of thoughtless destruction, from the removal of the law Lords from the other place, with the creation of the Supreme Court, a notion alien to our constitutional heritage, to the culling of independently minded—I say those words clearly, Madam Deputy Speaker—hereditary peers and the appointment of partisan placemen.

It is no good for our constitution and it adds nothing to the work of our Parliament. It now appears that today’s Labour Government have recklessly come to finish the hatchet job on an ill-thought-out constitutional revolution in the name of so-called modernisation.

House of Lords (Hereditary Peers) Bill

Josh Fenton-Glynn Excerpts

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

[Sir Gavin Williamson]

I am more than happy to do so. More Conservative Members voted in favour of that legislation, and it collapsed not through lack of support on Conservative Benches or Liberal Democrat Benches but because Her Majesty’s official Opposition at that time were going to vote against it, which meant that the numbers were not going to stack up. The decision by the Labour party and its leadership to collapse that piece of legislation meant that a significant body of reform did not happen.

I turn to the Labour party manifesto. Perhaps the hon. Member for Bolton West (Phil Brickell) has had a glance at this, but possibly not. It says on page 108 that Labour would introduce

“legislation to remove the right of hereditary peers to sit and vote in the House of Lords. Labour will also introduce a mandatory retirement age. 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.”

The subsequent paragraph says:

“Labour will ensure all peers meet the high standards the public expect of them, and…will introduce a new participation requirement as well as strengthening the circumstances in which disgraced members can be removed.”

Those are perfectly sound points of policy, which the party stood on at the last general election, but now it chooses to ignore them.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

rose—

[Sir Gavin Williamson]

I appreciate that Labour Members wish to earn brownie points, and I will let another earn his brownie points and edge that little bit closer to the allure of a junior parliamentary private secretaryship.

[Josh Fenton-Glynn]

Will the right hon. Member remind me how long a parliamentary term is and therefore how long we have to implement our manifesto?

[The First Deputy Chairman of Ways and Means]

Order. I remind Members that they should be in for the duration of the debate, or make an effort to be in for a considerable duration, before making interventions.

--- Later in debate ---

[Sir John Hayes]

That is precisely right. In the first general election, there was an assumption that the Government would proceed, but the constitutional conference did not produce an outcome that brought about a reform that both sides could agree on. A further general election followed, and the right hon. Gentleman rehearses exactly what that short book describes. The point is that even Asquith at that time, who was determined to reform the House of Lords, felt that ideally that reform should be based on some kind of consensus, or at least a conversation about how that reform might happen and what shape it might take. That is important, because the authority of our constitution to some degree depends on its dignity.

Finally, I want to talk about the authority of Government. We have talked about mandates. It was long ago that the term “elective dictatorship” was first used. The nature of the relationship that I described earlier between Government and Opposition and between different sides of the Chamber is important to counter the risk of a Government with a very large majority ignoring counter-arguments and becoming—I hesitate to say corrupted—altered, changed or distorted by the scale of the majority. Frankly, in this Parliament, the Labour party will be able to legislate as it chooses at every turn. As experienced Members of the House know, including those on the Treasury Bench, Governments are better when they need to compromise, reach agreements and consider amendments.

When I was a Minister, many times in Bill Committees in particular, the shadow Minister would table an amendment. I would routinely and systematically have the argument and make sure that the amendment was voted down, but I would often go back to my civil servants and say, “I think that was rather a good argument. Why aren’t we doing it? I think he or she was right. We ought to alter the Bill.” I would engage with the shadow Minister privately and look at ways in which we could improve the legislation through that kind of scrutiny. Good Ministers and good shadow Ministers always worked in that way, as I did with the now Prime Minister when he shadowed me as Security Minister.

Governments need to understand that to alter their position through that kind of exchange and consideration improves the exercise of government and adds to, rather than subtracts from, the Government’s authority. Good Governments behave in a way that, rather than taking advantage of their power, mitigates it by the choices that they make.

[Josh Fenton-Glynn]

The right hon. Gentleman makes an important point about the need to govern responsibly and reasonably, whatever one’s majority. While I was sitting here, I was interested in his record of following through on that strong belief, so I googled his name and “Prorogation”, and I did not see any results. Will the right hon. Gentleman perhaps reflect on any points when he thinks recent Governments might have abused their power?

[Sir John Hayes]

When I was a shadow Minister for many years, I found that some of the Labour Ministers I shadowed did the job I just described very well, and some did not. When I became a Minister, I saw that some Conservative Ministers engaged in the kind of process I have described, and some did not. There has always been variability in the way that power has been exercised across political parties. I invite the hon. Gentleman to speak to any of the people who shadowed me when I was a Minister to see if they would validate how I described the way I acted in those days. The authority of Parliament, the authority of our constitution and the authority of Government are all at stake as we consider these matters.

I return to where I started in terms of efficacy. The last time we considered these matters, Members will remember that I quoted Proust. It was a bit too rich a diet for the hon. Member for Perth and Kinross-shire. He is not a Proustian. I think it stretched the canon of his reading matter beyond breaking point. Today, I am going to test him a little more and refer to G. K. Chesterton, who I think might be more within his scope. [Interruption.] From a sedentary position, he is acknowledging that. Chesterton said:

“To have a right to do a thing is not at all the same as to be right in doing it.”

It is certainly true that, based on their mandate, the Government have the right to bring this legislation, but I am not sure that they are right in doing it, measured against my tests of dignity, legitimacy, continuity and authority. For as Chesterton also said, before you take a fence down, you consider why it was put up in the first place. The balance that exists at the moment, both within the House of Lords, and between the House of Lords and this House, is precious. It works. It ain’t broke and we don’t need to fix it.

Before I finish, let me say this to my hon. Friend the Member for Brentwood and Ongar. We must vote against the Bill on Third Reading, because whether we are in favour of more reform—as some of my colleagues are—or no reform, the Bill does not meet the standards we would expect of good legislation. It is therefore vital that the official Opposition make their position crystal clear by opposing this undesirable and unnecessary legislation.

--- Later in debate ---

[Sir Julian Lewis]

It was not my original intention to speak but, given the nature of the debate, and in view of the signal I have received that I might be given a little latitude to go slightly wider than the narrow terms of the Bill, I will make a single point to elaborate slightly on the intervention I made upon the Father of the House a few minutes ago.

A lot has been said about how the public are deemed to regard the status of the upper House. I am not sure on what basis such sweeping statements have been made, although I can understand that when, from time to time, someone manifestly unfit or inappropriate to be ennobled is ennobled, it may cause a degree of public concern and disillusionment.

New Members on both sides of the Committee, but particularly on the Government side, should avail themselves of the opportunities to understand more closely what the House of Lords can do that the House of Commons cannot. In the first instance, peers can bring their expertise to bear. That is not to say that all peers are experts—they are not—but a lot of them are, because they have reached the top of their profession. They are not necessarily any brighter, more intelligent or more cultured than Members of this House, but as we chose to divert ourselves from whatever escalator we could have been on, in order to become full-time politicians, we do not reach the giddy heights of those in other professions, who are then able to bring their expertise to bear on the legislative process by being taken into the upper House.

[Josh Fenton-Glynn]

I appreciate that the right hon. Gentleman is not a doctor, but could he explain the biological process by which someone inherits expertise?