House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Lord Adonis Excerpts

Report stage (Hansard): House of Lords
Friday 15th March 2019 Lords Chamber

[Lord Strathclyde]

My Lords, I wholly accept that everyone thought that the hereditary Peer by-elections would never actually occur because they would kick in, if I may use that term, during only one Session after the subsequent general election that took place in 2001. The noble and learned Lord, Lord Irvine of Lairg, looked me in the eye when he made this agreement and said, “These things will never happen because we intend to come forward with proper reform early in the next Parliament”. I accepted that.

I say to the noble Lord, Lord Redesdale, that it is always entertaining to hear a Liberal Democrat talking about the disparity of numbers in this House: need I say more? Whether it was luck or a matter of fact, those figures for the hereditary Peers were set at the time and no one thought that they would continue. But they are set now and my point to the noble Lord, Lord Grocott, is that if you take away the hereditaries’ ability to remove themselves and put nothing else in place, that could create a long-term unfairness, which I will deal with in a moment.

Post 1999 we were promised a second-stage reform, but we are not there yet. The by-elections are a central reminder of that failure. As well as being a nod to the past, I think the new hereditary Peers are perfectly capable people and I know that the noble Lord, Lord Grocott, has been at pains to say that there is no personal attack on hereditary Peers or their heirs; these are much more principled objections. But if we are stuck with this halfway house, we must deal with some of these issues. For the noble Lord that means the by-elections, while for me it means an appointments commission set up on a statutory basis.

[Lord Adonis (Lab)]

I hope the noble Lord will forgive me. Would his statutory commission apply just to Cross-Bench Peers, as now, or does he see it applying to party Peers too? He will know that there was a big debate when the commission was set up on a non-statutory basis about whether it would apply party Peers. Indeed, there was a radical idea that the commission itself, rather than the party leaders, should nominate the party Peers. Has the noble Lord given any thought to this idea, because the scope of his commission is an important question?

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[Lord Jones of Birmingham (CB)]

My Lords, I do not think I need to remind noble Lords that, at this moment, all over the nation, the political class is seen to have failed the country. If ever there was a time when noble Lords could make a stand for connecting more with the people, it is now. I assure noble Lords that, in pubs from Cradley Heath to West Bromwich, to Kings Heath in my home town, they talk of nothing but reform of the hereditary peerage system.

I fully support the noble Lord, Lord Grocott, in what he is trying to achieve. The time has come when, if we truly believe in making the political class that which I know this talented nation can provide for its people, this House must set an example. These amendments—every one of them—should be withdrawn, and after five days of debate over 240 words, we should push this through and stop the farce. We can then get on with not only running the country but reconnecting the political class with the people who have trusted us to look after them.

[Lord Adonis]

My Lords, I support the amendment of the noble Lord, Lord Strathclyde. It is not an irrelevant amendment and it does not distract from the purpose of the Bill. On the contrary, it is an essential accompaniment to the Bill if it is passed. If it is passed, this House becomes a wholly appointed House, and therefore the mode by which people are appointed to it is not a peripheral issue but one of central importance. I was extremely surprised to hear the noble Lord from the Liberal Democrat Benches, a party that is supposed to be committed to radical constitutional reform, going well beyond this Bill. He was not even prepared to support an acceptable process for people to be nominated to this House in the first place.

I understand the point from the noble Lord, Lord Jones; I would much rather we were not discussing this issue at all. I completely agree that we should be discussing the big issues facing the country, not the distraction that my noble friend Lord Grocott has imposed upon us day after day. However, since my noble friend has forced us to debate this issue, we should get it right. That is very important. The likelihood of having a wholly nominated House will be significantly reinforced by this Bill, because once it passes, you can wave goodbye to the prospect of any more fundamental reform of the House. Indeed, my noble friend does not want to see more fundamental reform of the House of Lords. He is patently honest about his intentions: he wants a nominated House in perpetuity and does not support an elected House. He has been extremely clear about that.

I support an elected House. I am with the noble Lord, Lord Strathclyde. We share a birthday; we have not had much else in common over the years, but we are united in House of Lords reform in our late 50s. It is very important that we do not imperil the urgent issue facing the country as far as parliamentary reform is concerned, which is connecting Parliament as a whole with the people far more effectively than we do at the moment.

Coming to the point made by the noble Lord, Lord Jones, the reason we are in the middle of the Brexit crisis gripping the country is in large part because Parliament has become so divorced from the people, particularly in the Midlands and the north of England, an area my noble friend Lord Grocott knows well. The sense of power being distant has become greater. The idea that a wholly nominated second Chamber will do anything to repair the connection between people and Parliament is farcical. Indeed, it may make it worse than the status quo, because it will put into abeyance any agenda for wider reform.

My noble friend Lord Campbell-Savours, for whom I have the greatest respect, said that we should declare interests. I declare an interest: I am a life Peer appointed to this place by Tony Blair. If my only concern was to remain here as long as possible, I should have a big interest in the passage of this Bill. I am 56 and I hope I have a reasonable lifespan; indeed, there is research by reputable medics which shows that membership of the House of Lords adds 15 years to your life on average—I cannot begin to think why. On that span, I may well be here in 40 years’ time, if this Bill passes, because there will be precious little chance of reform hereafter.

The agenda for House of Lords reform we should pursue is not tinkering changes about whether it is somehow superior to be nominated rather than hereditary. We are equally illegitimate on any democratic principle; let us be very clear about that. As an appointee of Tony Blair, I have no more legitimacy than the noble Lord, Lord Strathclyde, has as an appointee of Charles II—or however far back it goes. In this debate, there has been an air of superiority from life Peers, as against hereditary Peers, but we are equally illegitimate. The only justification for our being here is that this is the existing law of the land. It is a very unsatisfactory law. I was present and working at the heart of government when the reforms of 1999 passed. I can assure the House that it was very much a spatchcocked reform. Let me be completely frank that it was in part motivated by the desire of people my noble friend Lord Grocott not to have wider reform of the House. My noble friend has been anxious at every stage that there should not be a move towards elections and wider reform.

I have spent most of my career engaged in public service reform, infrastructure and now, alas, trying to stop Brexit. I have taken the view that House of Lords reform is not high on the list of either my priorities or, to be frank, the nation’s, but in this big Brexit crisis, where the whole issue of Parliament’s relationship with the people is at the centre, I do not believe it is now possible to duck this issue any further. I am entirely with the noble Lord, Lord Strathclyde: we need a much wider reform of this House. My view is that we need to move towards—

[Lord Grocott]

I know that my noble friend is a very keen tweeter. I have had the pleasure of reading one or two of his tweets, although I am not sure how I acquired them because I am not part of the system. For example, I think he is comparing our present situation to the one Britain faced in the spring of 1940. He is given to hyperbole, but as he tweets—and no doubt the wisdom he is expounding will be tweeted out to a large number of people as soon as he leaves the Chamber—could he please promise me that he will tweet the details of the amendment he will propose later and the arguments for allowing 40 million people to take part in the next hereditary Peer by-election? Will he also please give an estimate as to what the cost of that would be? Finally, could he explain to us how he thinks that would reconnect him with the public?

[Lord Adonis]

My Lords, let me be completely frank. If it is a choice between the next election to this House taking place with an electorate of—what is it?

[Lord Grocott]

Forty.

[Lord Adonis]

Or an election by 40 million of our fellow citizens of this country, I believe it should be the 40 million. I believe that they would support that in the pubs of Birmingham, too.

[Lord Rennard]

Does the noble Lord accept that the cost of the current system, which we are trying to abolish, is about £600, but the cost of his would be about £80 million?

[Lord Adonis]

My Lords, that is a completely absurd intervention from the Liberal Democrat Benches. Of course democracy comes with a cost. The question is whether we are prepared to meet it. That is the whole issue. Of course I recognise that my amendment is absurd, but this is the key point. We are talking about amendments that the noble Lord tells us have to be minor changes to the current Bill. It is less absurd than the status quo, which is that the only people who will have a say are these 40 hereditary Peers. It is significantly preferable that the people of the country should have a say.

What I wanted to do was move to a fully elected House in the Bill. I wanted to do what I think is actually Lib Dem policy. I was told by the clerks that was beyond the Long Title. That is why I tabled the amendment. The only amendment that was acceptable was one that would make the election of hereditary Peers subject to the whole electorate. I could not do the really radical thing that I wanted to do, which is to have the election of Members of this House by members of the public from among members of the public—a revolutionary idea, but one we should be implementing.

[Lord Forsyth of Drumlean]

The noble Lord has stolen my thunder by admitting that his amendment is absurd and part of an exercise to try to talk this legislation out, which is a disgrace. I wonder what Brenda from Bristol would think of his proposition that 40 million people should vote for the hereditaries.

[Lord Adonis]

I think Brenda from Bristol might be keen to take part in this election, because she currently has no say over any Member of this House. For the first time, Brenda from Bristol would have the opportunity to nominate and vote for somebody to sit alongside the noble Lord, Lord Forsyth. She would give thanks to the noble Lord, Lord Strathclyde, and to me for making it possible, because under the independent Appointments Commission that the noble Lord, Lord Strathclyde, is proposing, Brenda from Bristol might well be nominated, whereas she stands very little chance of Mrs May noticing her, which is the only way to get into this place at the moment.

[The Earl of Erroll]

If I may assist the noble Lord, funnily enough, a countrywide election could be handled online electronically. That would be quite an interesting prospect.

[Lord Adonis]

My Lords, the noble Earl is very much into these high-tech solutions. Being old-fashioned and believing that people vote by putting crosses on ballot papers, I do not necessarily go the full way with these revolutionary suggestions, but that might be possible.

I come back to the point about this issue being fundamental, not peripheral. I can tell your Lordships that this issue was considered when the reforms of 1999 were considered. I was in No. 10 when we considered it. The obvious vulnerability to which we were open when we removed the hereditary Peers was that we would be creating a wholly nominated House, and how could we justify the only source of nominations to that House being the Prime Minister? What we did was a classic English compromise. Remember that before the independent Appointments Commission came, the Cross-Benchers were nominated by the Prime Minister too. Let me tell your Lordships, if I may choose my words euphemistically, that the selection was not always uninfluenced by what line those nominees might take in your Lordships’ House on matters of state. Noble Lords might be scandalised by that idea—I can see scandal written on the face of the noble Lord, Lord Strathclyde—but I am afraid these considerations took place. That is why a compromise was reached whereby the independent Members would be appointed by the Appointments Commission, but it was too much for my then boss, Tony Blair, to agree that the party Members should be. There were very big debates about it, particularly about whether there should at least be a role for an independent commission in reviewing the bona fides of those nominated by the party leaders because, again, if I may choose my words euphemistically, sometimes—

[A noble Lord]

It does.

[Lord Adonis]

No, it does not; it is very important to understand what happens. At the moment a health check is undertaken, but not a judgment as to whether the nomination takes into account considerations of racial, ethnic, geographical or gender diversity, or whether that person is appropriate and has the qualities needed in Members of the House. We looked at this halfway house. It was ruled out because my then boss and the then leader of the Conservative Party did not want their control of nominations fettered in any way. Even reviewing the bona fides, in the sense of the health check, was an extremely difficult concession that was granted.

The reason for this was that the party leaders did not want to give up their control of nominations to this place. They did not want any formal process in place by which either their judgment might be challenged, or it might be possible for nominations to be made apart from by them, which is a real issue because—to choose my words delicately again—the leaders of parties almost always represent factions of parties. Let us be clear about it; that is what happens. When Tony Blair was nominating Members to this House—

Motion

Moved by

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[Lord Cormack]

Surely my noble friend understands that, having had well over an hour on his amendment, it was time to move on. It was the general wish of the House to move on. His amendment was really without the scope of the Bill. It would be an admirable subject for a separate Bill and I would support it, but what we have seen today—I hope that my noble friend, having provoked me, will concede this—is a rather sophisticated filibuster to ensure that the Bill of the noble Lord, Lord Grocott, does not complete all the amendments. That is a disgrace, given the overwhelming support he has in your Lordships’ House.

[Lord Adonis]

My Lords, what we have seen today is a serious abuse of the procedures of the House by the noble Lord, Lord Cormack, to stifle debate on a matter of significant public moment. That is what we have seen. I never thought, having been in this House for 15 years now, that I would see this abuse of procedure in the House. The issue of how people are appointed to this House is not a side or minor issue, it is fundamental to the working of our Parliament. I congratulate the noble Lord, Lord Strathclyde, on putting this issue before the House and I completely agree with him that we should continue to raise these matters, because this squalid Bill that the noble Lord, Lord Grocott, has promoted to perpetuate a nominated House of Lords is fundamentally against the interests of the people.

[Lord Young of Cookham]

My Lords, I gently remind your Lordships that we are meant to be discussing Amendment 5, which is about Standing Orders and the replacement of vacancies among people excepted from Section 1.

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[Lord Colgrain]

If the noble Lord, Lord Grocott, is successful in his Bill and the hereditary election process is terminated, so is this independence of thought, action and experience, to be replaced by an even greater proportion of life Peers who are ex-MPs, ex-MEPs and representatives of regional assemblies and county councils. The general public have had their fill of the body politic from the other House at the moment—some would say where lunatics are running the asylum—and would relish the chance to have a more catholic representation in your Lordships’ House.

Brexit has not endeared politics to Everyman. We should be mindful of the consequence of decreasing the number of unorthodox Peers who have a less political careerist disposition, and recall the adage, “Be careful what you wish for”.

[Lord Adonis]

My Lords, this is not a sensible amendment. We have one absurd system for electing hereditary Peers at the moment, which it is proposed be replaced by another. While I could not begin to justify the system of elections that takes place at the moment, I could no more justify the establishment of a commission to do it. The only justification for the status quo is that it is the status quo, and it is best to leave that until we do a radical reform of the House of Lords, which should of course end the election of hereditary Peers entirely.

There are a whole lot of problems in Amendment 32 and the construction of the commission which one could go into, but I am not sure that it is necessary. Rather, I make the point that the best thing to do—this is my fundamental objection to the Bill of my noble friend Lord Grocott—is nothing in respect of the existing House of Lords until there is a sufficient consensus or a Government who are capable of leading towards a radical reform of the Lords, which should fundamentally replace this House with an elected or federal second Chamber. To tinker with the precise way that hereditary Members of this House are appointed, whether it is by some absurd system of election, to be replaced by some equally absurd commission, seems entirely beside the point, playing the game of my noble friend Lord Grocott, which is to make tinkering changes to essentially preserve the status quo. I am not in favour of preserving the status quo—I want radical reform. The Brexit crisis we are going through at the moment and the huge public discontent in the country mean that we can no longer duck this issue of a fundamental reform of this House, and we should put paid to all these tinkering changes.

[Lord Strathclyde]

My Lords, I am grateful to my noble friend Lord Howard of Rising for reminding us of what happened in 1969 in the House of Commons and the argument that took place there that any change to your Lordships’ House would ultimately mean that it would demand more authority and be able to use its powers more vigorously. To some extent, this argument was made again, not nearly as effectively, during the passage of the House of Lords Act 1999, and proponents of the Act said, “No, it won’t happen”, including the noble Baroness, Lady Jay, who was then Leader of the House.

I wonder whether the House agrees that while initially that was the case, as the years have rolled by the House feels itself even more legitimate, being shorn of hereditary Peers. The automatic right of hereditary Peers to sit and vote in the House of Lords came to an end in 1989. I agree with what the noble Lord, Lord Adonis, said some time ago—that we are all equally legitimate or illegitimate in this House—but the 1999 Act changed something. Therefore, the Bill, proposed by the noble Lord, Lord Grocott, will also change things and allow people to take even greater authority than they would otherwise have done.

I agree with the noble Lord about the status quo. This is not a satisfactory place: I have argued that consistently over the past 20 years. I understand why my noble friends Lord Northbrook and Lord Trefgarne have proposed the amendment. They have tried to solve the conundrum expressed by the noble Lord, Lord Grocott, and find a different way to honour the promise made in 1999, which my noble friend Lord Elton spoke so eloquently about before he had to leave, and this is their solution.

I must say that I am not entirely convinced, but it is a good effort. To return to a previous debate, a proper statutory appointments commission could also look at questions such as party balance, age, interests and expertise, commitment to participate and regional distribution, which I think is increasingly important. Of course, if we had an elected House, we would have solved all those problems, because people would decide. It is therefore unfair to accuse my noble friends of trying to overcomplicate matters. The system we have at the moment is actually very simple and straightforward. It is not adequate or perfect in any way, but it is at least an attempt to try to solve the problem that the noble Lord, Lord Grocott, is trying to solve through his Bill.

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[Lord Strathclyde]

As I understand the amendment, and I am not sure I entirely understand it, my noble friend is trying to co-operate with the idea in the Burns report to reduce the total number. I have not looked at implementation or at paragraphs 29, 35, 50 and 51 of the Burns report, but I think the notion is that once the House of Lords has been reduced to a certain figure, hereditary Peers should not be part of that figure. If they leave after 10 years, however, presumably they will be replaced. I wonder whether my noble friend thinks that will help the reduction.

Earlier in the debate, a view was taken that if the overall size of the House reduced, the portion of hereditary Peers would increase. I agree. However, it would still be a lower proportion of the House than when the elections first took place in 2000 because the size of the House has increased so much. I hope the noble Lord, Lord Grocott, will find that reassuring.

[Lord Adonis]

I have read this amendment twice, and I do not understand how it works. However, I shall address the big issue underlying it, which is the size of the House. Being today in the business of calling a spade a spade, I might as well carry on doing it because it is in my nature. This obsession with reducing the size of the House is entirely beside the point. If we are to have a large appointed House and its purpose is to function at least reasonably effectively and to keep its membership up to date, it is sensible to make new appointments. Choking off new appointments is basically a preservation activity by existing Members to see that the House is not increased in size by new Members, which would create a greater sense of illegitimacy because the number will be large. To be completely frank, that is not pursued out of any great constitutional principle. It is purely an act of preservation by existing life Peers who do not want to make this House look any more illegitimate than it does at the moment. The best thing to do is against the interests of the House in the short term because it would deprive us of new Members who might—how can I phrase this delicately?—be of an age where they would participate actively and fully in the work of the House, which some noble Lords tend not to as they—I probably ought not to pursue that line of argument because it will not be popular with some noble Lords.

The point is that the Burns report is being, and has been, used—it is the latest in-vogue thing in your Lordships’ House—to pretend that reform is being done while in fact no reform is being done. That idea is as old as the hills. In this House it is always important, to pursue a sense of legitimacy and progress, that some reform is sponsored. The noble Lord, Lord Cormack, has a special working group looking at very modest, tinkering reforms for this House so that he can pretend that he is in favour of progress, although, when he is present, he opposes substantial reforms.

[Lord Mancroft]

I think the noble Lord means that my noble friend Lord Cormack and his noble friends are preserving the status quo: the comfortable state of the House, which neither the noble Lord nor I approve of.

[Lord Adonis]

I entirely agree. In so far as I understand what the amendment of the noble Lord, Lord Northbrook, does, I would not make any concessions to the Burns commission. While the House of Lords exists in its current absurd state, it is clearly sensible that new Members be appointed to it, and, frankly, more younger Members would be a good thing, as that would bring the House more into contact with life outside.

What is being engaged in at the moment is displacement activity. The real issue is not whether this House has 600, 700 or 800 Members; it is whether it is appointed and hereditary, and therefore fundamentally illegitimate, or whether it is elected, either directly or, if we had a proper federal system, perhaps like the Bundesrat in Germany, indirectly, and therefore directly relates to the people and/or the devolved institutions of the country, which are themselves elected. All this displacement activity, talking about Burns, about removing the hereditary Peers, about by-elections and, if I may say so to the noble Lord, about hereditary Peers commissions—that was a new idea to me; the latest one today—or about all the other tokenistic reforms that are put forward, is entirely beside the point.

[Lord Northbrook]

Perhaps I may quickly explain to the noble Lord the intention behind my amendment. Originally it referred to a period of 15 years for the appointment of newly elected hereditary Peers so as to put them on a par with the recommendations of the Burns report. That was not accepted, so I reduced the period to 10 years. The amendment might need retabling at Third Reading. If the Burns report is implemented, by-elections will fall altogether.

[Lord Adonis]

I am very grateful to the noble Lord for explaining the amendment. I now understand it and will hold in my mind the complex formula that he has just set out. However, my fundamental point is that it does not matter one whit whether this House has 600, 700 or 800 Members; it will be equally legitimate or illegitimate, whatever your view on how many it should have. Those are still very large numbers. I think it will function more effectively with its existing remit if it has a larger number of Members. That will mean that we have a steady flow of new appointments to the House, rather than drying up the appointments. However, all that is fundamentally beside the point. The current House of Lords is illegitimate. It will be just as illegitimate as the existing House, and arguably more so, if it is wholly nominated. The right thing is not to do any tinkering—either of the sort proposed by my noble friend Lord Grocott or any other variant—but to set up a constitutional convention and get to grips with fundamental reform, which, in the context of Brexit and the governance crisis across the United Kingdom at the moment, is long overdue.

[Lord Grocott]

My Lords, as my noble friend Lord Adonis repeats his arguments on successive amendments, he is getting more and more fluent but that does not make him any more persuasive. As it is now 1.15 pm and we have been going for three hours, it is up to me to say a sentence about what has been happening here today for the benefit of a baffled public, should anyone have been watching.

We have had three days in Committee and a Second Reading, and the Bill has been going for a year and a half. On Report, we have now reached Amendment 13. We have 62 amendments to consider. We have made ridiculously slow progress due to quite deliberate tactics by less than half a dozen Members of this House, of which I am sad to say number one is my noble friend Lord Adonis. Another culprit—I am shocked rather than sad to say—has been the noble Lord, Lord Strathclyde. The number of amendments is almost entirely the responsibility of Messrs Caithness and Trefgarne—of course, they are noble Lords not Messrs. I know and assert that what has been happening is a clear abuse of the procedures of this House. I do not have to worry about that too much; Members must answer for themselves whether they have been abusing the procedures of the House. But the net result is that Bills with overwhelming support will not reach the statute book. It is a bad position for any assembly to be in, when half a dozen people can thwart the direct wishes of hundreds who have expressed themselves in sundry votes on this issue as well as numerous people who are not here.

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[Lord Strathclyde]

That is a very kind thought from the noble Lord, but I do not represent Scotland or anyone in Scotland any more than he represents railway workers, train drivers, signalmen or anyone else involved in the transport industry. I hope my noble friend will withdraw this amendment and take it away.

[Lord Adonis]

My noble friend Lord Snape takes huge offence at that remark by the noble Lord, Lord Strathclyde. He represents in his person all the railway workers of the United Kingdom.

[Lord Snape]

If I may say so, none of them Members of this House, despite what the noble Lord, Lord Colgrain, said earlier.