House of Lords (Hereditary Peers) Bill

Judith Cummins Excerpts

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

Considered in Committee

[The First Deputy Chairman of Ways and Means (Judith Cummins)]

I remind Members that, in Committee, Members should not address the Chair as “Deputy Speaker.” When addressing the Chair, please use our name, “Madam Chair,” “Chair,” or “Madam Chairman”—we are all quite flexible.

Clause 1

Exclusion of remaining hereditary peers

Question proposed, That the clause stand part of the Bill.

[The First Deputy Chairman]

With this it will be convenient to consider the following:

Amendment 26, in clause 2, page 1, line 8, at end insert—

“(3) Jurisdiction in relation to claims to hereditary peerages is to be exercised by the Judicial Committee of the Privy Council.”

This amendment provides explicitly that the jurisdiction in relation to claims to hereditary peerages passes to the Judicial Committee of the Privy Council.

Clauses 2 and 3 stand part.

Amendment 25, in clause 4, 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.”

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.

Amendment 24, page 2, line 17, leave out “this Act is passed” and insert—

“the condition in section [requirement on Government to publish legislative proposals] is met”.

This amendment provides that the Bill would only come into effect at the end of the Session of Parliament in which the government publishes legislative proposals meeting the requirements set out in NC19.

Clause 4 stand part.

Amendment 12, in clause 5, page 2, line 21, leave out “(Hereditary Peers)” and insert “(Appointments and Membership)”.

This amendment would change the short title of the Bill and is consequential on NC9 and NC10.

Amendment 7, page 2, line 21, leave out “(Hereditary Peers)”.

This amendment is consequential on NC3, NC4, NC5 and NC6. It would amend the short title of the Bill.

Amendment 1, page 2, line 21, after “Peers” insert “and Bishops”.

This amendment is consequential on NC1. It would amend the short title of the Bill.

Amendment 8, page 2, line 21, after “Peers” insert—

“and Proposals for a Democratic Mandate”.

This amendment would change the short title of the Bill and is consequential on NC7.

Amendment 10, page 2, line 21, after “Peers” insert “and Appointments”.

This amendment would change the short title of the Bill and is consequential on NC8.

Clause 5 stand part.

New clause 1—Exclusion of bishops—

“(1) No-one shall be a member of the House of Lords by virtue of being a bishop or Archbishop of the Church of England.

(2) No bishop or Archbishop of the Church of England is entitled to receive, in that capacity, a writ of summons to attend, or sit and vote in, the House of Lords.

(3) Nothing in this section prevents a person who is, or has been, a bishop or Archbishop of the Church of England from receiving, and exercising the entitlements under, a peerage for life in accordance with section 1 of the Life Peerages Act 1958.

(4) Nothing in this section prevents a person who is, or has been, a bishop or Archbishop of the Church of England from being permitted to enter the House of Lords for the purpose only of leading prayers in accordance with arrangements made by that House.”

This new clause provides that bishops of the Church of England will no longer be entitled to membership of the House of Lords.

New clause 2—Exclusion of bishops: consequential amendments etc.—

“(1) In the House of Lords Precedence Act 1539—

(a) omit section 3 (places of the Archbishops and Bishops);

(b) in section 6 (place of the King’s Chief Secretary) omit the words after “aforementioned”.

(2) The Bishoprics Act 1878 is repealed.

(3) In the Welsh Church Act 1914 omit section 2(3) (writs of summons to be issued to bishops not disqualified by the 1914 Act for sitting in the House of Lords).

(4) In the House of Commons Disqualification Act 1975, in section 1(1) omit paragraph (za) (disqualification of Lords Spiritual).

(5) In the Northern Ireland Act 1998, in section 36(6) omit paragraph (b) (a person is not disqualified for membership of the Assembly by reason only that he is a Lord Spiritual).

(6) In the Scotland Act 1998, in section 16(1) omit paragraph (b) (a person is not disqualified from being a member of the Scottish Parliament because he is a Lord Spiritual).

(7) In the House of Commons (Removal of Clergy Disqualification) Act 2001, in section 1, omit subsection (2) (Lords Spiritual disqualified from being a Member of the House of Commons).

(8) In the Constitutional Reform and Governance Act 2010, in section 41, omit subsection (6)(b) (members entitled to receive writs of summons to attend the House of Lords by virtue of being an archbishop or bishop); but this subsection is without prejudice to the continued application of that provision in relation to tax years beginning before the commencement of this Act.

(9) In the House of Lords Reform Act 2014, in section 4(3), omit “or as a Lord Spiritual”.

(10) The Lords Spiritual (Women) Act 2015 is repealed.

(11) In the enactment formula used for Acts passed after the passing of this Act, where the phrase “by and with the advice and consent of the Lords Spiritual and Temporal, and Commons” appears, the phrase “by and with the advice and consent of the Lords and Commons” is to be used instead.”

This new clause makes repeals and amendments to other Acts consequential on NC1, as well as providing for changes to words of enactment.

New clause 3—Mandatory retirement at the age of 80—

“(1) A member of the House of Lords who reaches the age of 80 during a Session of Parliament ceases to be a member of the House of Lords at the end of that Session.

(2) No-one shall be eligible for a peerage for life to be conferred in accordance with section 1 of the Life Peerages Act 1958 after they reach the age of 80.

(3) A member of the House of Lords who has reached the age of 80 shall not be entitled to receive a writ to attend the House under section 1 of the Life Peerages Act 1958 or by virtue of the dignity conferred by virtue of appointment as a Lord of Appeal in Ordinary.”

This new clause provides that peers who are over the age of 80 will no longer be entitled to membership of the House of Lords at the end of the parliamentary session they turn 80 and that no one can be appointed a Life Peer after they reach that age.

New clause 4—Minimum contribution in the House of Lords—

“(1) A member of the House of Lords who is a peer and does not participate in the proceedings of the House of Lords or its committees during a period of eight consecutive sitting weeks ceases to be a member of the House.

(2) A person participates in the proceedings of the House of Lords for the purposes of subsection (1) if they undertake any activity which qualifies for financial support allowance under the scheme agreed by the House of Lords and then in force.

(3) Subsection (1) does not apply to a peer if—

(a) the peer was disqualified from sitting or voting in the House, or suspended from its service, for the whole or part of eight consecutive sitting weeks, or

(b) they fall within the terms of a Standing Order of the House of Lords providing for exemptions from the provisions of subsection (1) for reasons related to parental leave, illness, bereavement or other specified circumstances.”

This new clause provides a minimum participation requirement for members of the House of Lords of one contribution every eight sitting weeks. A member who does not meet the minimum contribution requirement can no longer be a member of the House of Lords.

New clause 7—Duty to take forward proposals for democratic mandate for House of Lords—

“(1) It shall be the duty of the Secretary of State to take forward proposals to secure a democratic mandate for the House of Lords.

(2) In pursuance of the duty under subsection (1), the Secretary of State must carry out the steps set out in subsections (3), (5), (6) and (7).

(3) Within twelve months of the passing of this Act, the Secretary of State must lay before each House of Parliament a consultation paper on methods for introducing directly elected members in the House of Lords.

(4) After laying the consultation paper under subsection (3), the Secretary of State must seek the views on the matters covered by that paper of—

(a) each party and group in the House of Lords,

(b) each political party represented in the House of Commons,

(c) the Scottish Government,

(d) the Welsh Government,

(e) the Northern Ireland Executive,

(f) local authorities in the United Kingdom,

(g) representative organisations for local authorities in the United Kingdom, and

(h) such other persons and bodies as the Secretary of State considers appropriate.

(5) Within sixteen months of the passing of this Act, the Secretary of State must lay before each House of Parliament a report on responses to the consultation.

(6) Within eighteen months of the passing of this Act, the Secretary of State must lay before each House of Parliament a draft Bill containing legislative proposals on each of the matters mentioned in subsection (3).”

This new clause imposes a duty on Ministers to take forward proposals to secure a democratic mandate for the House of Lords through introduction of directly elected members.

New clause 8—Life peerages not to be conferred against recommendation of the House of Lords Appointments Commission—

“(1) The Life Peerages Act 1958 is amended as follows.

(2) In section 1, after subsection (1) (power to confer life peerages) insert—

“(2A) The power under subsection (1) may not be exercised in relation to a person if the House of Lords Appointments Commission has written to the Prime Minister to recommend a peerage should not be conferred on that person.””

This new clause would prevent a life peerage being conferred on a person if the House of Lords Appointments Commission has recommended against the appointment.

New clause 9—Life peerages only to be conferred on persons who meet propriety standards—

“(1) The Life Peerages Act 1958 is amended as follows.

(2) In section 1, after subsection (1) (power to confer life peerages) insert—

“(2A) The power under subsection (1) may not be exercised unless the Prime Minister has received a letter from the House of Lords Appointments Commission stating that, in their view, the person on whom a peerage is be to conferred has met appropriate standards of propriety.

(2B) For the purposes of this section, “propriety” means—

(a) the person is in good standing in the community in general and with the public regulatory authorities in particular; and

(b) the past conduct of the person would not reasonably be regarded as bringing the House of Lords into disrepute.””

This new clause would prevent a life peerage being conferred on a person unless the House of Lords Appointments Commission had confirmed to the Prime Minister that the person met the appropriate standards of propriety.

New clause 10—Expulsion of peers on grounds of prior propriety advice—

“(1) It shall be the duty of the House of Lords Appointments Commission to inform the Lord Speaker by letter of each instance where a peerage has been conferred on a person who has been found in their view not to meet the appropriate standards of propriety.

(2) For the purposes of this section, “propriety” means—

(a) the person is in good standing in the community in general and with the public regulatory authorities in particular; and

(b) the past conduct of the person would not reasonably be regarded as bringing the House of Lords into disrepute.

(3) The Lord Speaker must lay before the House of Lords a copy of any letter received under subsection (1) on the next day on which the House of Lords sits.

(4) Any person who is the subject of a letter under subsection (3) ceases to be a member of the House of Lords on the day after the day on which a copy the letter is laid before the House of Lords.

(5) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.”

This new clause would mean that any Member of the House of Lords who had been appointed despite the House of Lords Appointments Commission finding that they didn’t meet the appropriate standards of propriety would cease to be a Member of the House of Lords.

New clause 11—Expulsion of peers who have made donations to a political party—

“(1) A member of the House of Lords who has made one or more donation or loan to a political party with an aggregate value of more than £11,180 since 1 January 2001 ceases to be a member of the House of Lords on 1 February 2026 unless the condition in subsection (2) is met.

(2) The condition in this subsection is that the political party which received the donations or loans pays to the relevant member of the House of Lords the full aggregate value of those donations or loans on or before 9 January 2026.

(3) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.

(4) For the purposes of this section—

“donation” means a donation which is published by the Electoral Commission in its register of recorded donations under section 69 of the of the Political Parties Elections and Referendums Act 2000;

“loan” means a transaction published by the Electoral Commission in its register of recordable transactions under section 71V of the Political Parties, Elections and Referendums Act 2000.”

This new clause provides for a member of the House of Lords who has made registered political donations or loans of over £11,180 since 2001 to cease to be a member of the House of Lords unless those donations and loans were repaid.

New clause 12—Life peerages not to be conferred on donors to political parties—

“(1) The Life Peerages Act 1958 is amended as follows.

(2) In section 1, after subsection (1) (power to confer life peerages) insert—

“(1A) The power under subsection (1) may only be exercised to confer a peerage on a person in respect of whom the conditions in subsections (1B) and (1C) are met.

(1B) The condition in this subsection is that the person has provided the Prime Minister with a declaration that, since 1 January 2001, that person—

(a) has not donated or loaned more the £11,180 to a political party; or

(b) had made such a donation or loan, but that it has been repaid in full.

(1C) The condition in this subsection is that the Prime Minister is satisfied that the declaration made under subsection (2) is true.

(1D) For the purposes of this section—

“donation” means a donation which is published by the Electoral Commission in its register of recorded donations under section 69 of the Political Parties Elections and Referendums Act 2000;

“loan” means a transaction published by the Electoral Commission in its register of recordable transactions under section 71V of the Political Parties, Elections and Referendums Act 2000.””

This new clause would prevent a life peerage being conferred on a person unless they had declared that they had not made a donation or loan to a political party of over £10,000.

New clause 13—Exclusion of life peers who have recently been members of the House of Commons—

“(1) No person who was a member of the House of Commons shall be a member of the House of Lords—

(a) during the Parliament in which they were a member of the House of Commons;

(b) during the Parliament following the last Parliament in which they were a member of the House of Commons;

(c) during a period of five years commencing on the last day on which they were a member of the House of Commons.

(2) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.”

This new clause provides that no one who was an MP in the current or previous Parliament, or in the previous five years, is eligible for appointment to, or to remain as a member of, the House of Lords.

New clause 14—Removal of power to make political appointments—

“(1) The Life Peerages Act 1958 is amended as follows.

(2) After section (1) (1) (power to confer life peerages) insert—

“(2A) No recommendation may be made to His Majesty to confer a peerage except by the House of Lords Appointments Commission.””

This new clause would prevent peerages being conferred under the Life Peerages Act 1958 unless done so on the recommendation of the House of Lords Appointments Commission.

New clause 19—Requirement on Government to publish legislative proposals—

“The condition in this section is that the Government has published a draft Bill containing—

(a) provisions to remove bishops and Archbishops of the Church of England from membership of the House of Lords,

(b) provisions to reduce the number of members of the House of Lords to no more than 650, and

(c) such other provisions as the Government considers are appropriate to give practical and equitable effect to the provisions mentioned in paragraphs (a) and (b).”

This new clause requires the Government to publish a draft Bill to remove Bishops from the House of Lords and reduce the membership to 650 or less.

New clause 20—Purpose of this Act—

“Whereas it has not been expedient at present for the Government to bring forward legislation to reform the House of Lords, the purpose of this Act is to provide that the Lords Temporal are peers appointed under section 1 of the Life Peerages Act 1958 on the recommendation of the Prime Minister.”

This new clause describes the purpose of the Bill.

Amendment 2, in title, line 2, after first “Lords” insert—

“to provide for bishops of the Church of England no longer to be entitled to membership of the House of Lords;”

This amendment is consequential on NC1. It would amend the long title of the Bill.

Amendment 3, line 2, after first “Lords” insert—

“to make provision for mandatory retirement from the House of Lords;”

This amendment is consequential on NC3. It would amend the long title of the Bill.

Amendment 4, line 2, after first “Lords” insert—

“to make provision for the expulsion of Members of the House of Lords for non-participation;”

This amendment is consequential on NC4. It would amend the long title of the Bill.

Amendment 13, line 2, after first “Lords” insert—

“to provide for a requirement for members of the House of Lords to meet standards of propriety;”

This amendment would change the long title of the Bill and is consequential on NC9 and NC10.

Amendment 14, line 2, after first “Lords” insert—

“to exclude from membership of the House of Lords persons who have made certain political donations or loans;”

This amendment would change the long title of the Bill and is consequential on NC 11 and NC12.

Amendment 15, line 2, after first “Lords” insert—

“to exclude former members of the House of Commons from membership of the House of Lords for a specified period;”

This amendment would change the long title of the Bill and is consequential on NC13.

Amendment 16, line 2, after first “Lords” insert—

“to preclude the conferral of life peerages other than upon the recommendation of the House of Lords Appointments Commission;”

This amendment would change the long title of the Bill and is consequential on NC14.

Amendment 9, line 3, after “peerages” insert—

“to impose a duty in connection with securing a democratic mandate for the House of Lords”.

This amendment is consequential on NC7.

Amendment 11, line 3, after “peerages” insert

“to preclude the conferring of life peerages against the recommendation of the House of Lords Appointments Commission;”

This amendment would change the long title of the Bill and is consequential on NC8.

--- Later in debate ---

[John Slinger (Rugby) (Lab)]

I thank the right hon. Gentleman for giving way in his entertaining speech. He makes several references to our manifesto, but I would like to make some references to the Conservative party’s manifesto—

[The First Deputy Chairman of Ways and Means (Judith Cummins)]

Order. I hope the hon. Member’s intervention is on the House of Lords and within the scope of the Bill.

[John Slinger]

It is related to references to reform of the House of Lords. There are no references to reform of the House of Lords in the Conservative party’s manifesto. There is one reference to peers but not to peers in the other place, and there are a few references to the constitution but not to our unwritten constitution. Will the right hon. Gentleman tell the House why he is now so fascinated by these measures?

--- Later in debate ---

[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.

[Sir Gavin Williamson]

Thank you for your firm chairmanship of this debate, Madam Chairman. The hon. Member made a strong and powerful intervention, which I hope is noted down. I can see him being the Parliamentary Private Secretary for the junior Minister in the Department for Environment, Food and Rural Affairs very soon. I am not sure if my commendation and support helps him in his endeavours, but I hope that it does. Of course, the hon. Member makes a thoughtful and interesting point. The Government do have time to introduce further legislation, but the reality is that pressure on time in this place is one of the greatest pressures—time is the most precious thing. I certainly would not engage in any form of political betting—I hope that can be recorded in Hansard—but if, perhaps in a previous age, I were a betting man, I might have offered this wager to the Paymaster General. I would wager a whole £5 that the Paymaster General will not be in a situation of getting any more legislation on Lords reform. I will give way to the Paymaster General, who is going to refute that.