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

Lord Brown of Eaton-under-Heywood Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, to address the issue that has been put before us and to avoid prevarication, there is a new phase 2: it is Burns. There may be a phase 3—who knows? If a Jeremy Corbyn-led Government were elected, there would a phase 3 which might disturb the Benches opposite slightly more than not having by-elections for hereditary Peers. Burns is a phase 2, and it has consequences. Unless the issue of hereditary Peers and by-elections is addressed in the way that my noble friend Lord Grocott proposes, it is not my party or the broader opposition who will find themselves in difficulty, it will be the Conservative Benches. I would like them to reflect on what would happen if we implemented Burns and this House were decanted in six years’ time, with the two things coming together, and the Conservatives were faced with hanging on to their hereditary Peers while losing their life Peers.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I am a great admirer of our hereditaries. Man for man, pace my noble friend Lady Mar, they are at least a match for those like me who have been appointed here. They are a match in their commitment, their contributions to the House, their expertise and, as the noble Lord, Lord Mancroft, pointed out at Second Reading, their independence of mind and spirit.

Like many others here, I would welcome wider improvements in our appointments system, with a larger role not least for the noble Lord, Lord Kakkar, and his excellent Lords Appointments Commission. In the meantime, I strongly support this Bill, which would go some considerable distance to enhancing the reputation and image of this House.

Therefore, far from supporting the amendment in the name of the noble Lord, Lord Trefgarne, I see positive merit in this reform being achieved by way of a Private Member’s Bill rather than by government. It demonstrates our own desire and commitment to achieving reforms for ourselves. Consistently with that goes the report of my noble friend Lord Burns, which again is our own attempt to modernise and reform this House. I cannot resist harking back to the words of the noble Lord, Lord Grocott, in closing the Second Reading debate. He asked why hereditaries should,

“have an assisted places scheme to get into the House of Lords?”—[Official Report, 8/9/17; col. 2186.]

There has been much criticism throughout these debates of hereditaries being, virtually without exception, male and white. As the noble Baroness, Lady Berridge, put it at Second Reading, the existing system is, “gender and racially biased”. Surely altogether more fundamentally objectionable even than those criticisms is the fact that this system favours a very tiny, and—I suppose I had better put this in quotes—“well born” number within a wider population of millions. A number of those millions may have even more to contribute to our House than the hereditaries—the few future hereditaries who, if the Bill passes, will not join us. In short, why should they have assisted places? Should we not modernise and reform?

[Lord Wakeham (Con)]

My Lords, I shall say just a few words at this stage. First, I must declare an interest: I was chairman of a royal commission some years ago that produced a number of proposals for reform of the House of Lords, and I have to say to the noble Lord, Lord Grocott, that it did not include by-elections for Peers. I am sympathetic to what he wants to do; my concern is about the timing. Since that report, we have had a Bill from the Labour Government, from Jack Straw, which failed to get through. We had a Bill from the coalition parties which failed to get through. Some of us felt that there was very little likelihood of any Government bringing forward another Bill to reform the House of Lords.

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

Lord Brown of Eaton-under-Heywood Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 23rd November 2018 Grand Committee

[Lord Rennard (LD)]

My Lords, I obviously agree with other noble Lords that we really need full reform of the House of Lords, but that is not on offer. That we cannot have full reform of the House of Lords is no reason to say that we cannot make progress on more limited reform. In examining this group of amendments, I thought I would look at the dictionary definition of “amendment”, which says that an amendment is:

“A minor change or addition designed to improve a text or a piece of legislation”.


I respectfully suggest that no amendment in this group remotely fits that dictionary definition of what an amendment is. The amendments in this group do not seek to be minor or to improve the text in any way. They seek simply to delay discussion on perhaps more important matters, to filibuster this debate and to prevent any progress on the legitimate issue. That is wholly wrong and brings the House into disrepute when we are debating things to prevent Members in the Commons voting on issues such as this. We should proceed with the Bill to allow them to have their say on it.

With great respect, the noble Earl, Lord Caithness, is wrong to suggest that if the Bill was approved it would mean that we simply ended up with a wholly appointed House on the whim of a Prime Minister. He ignores the very important role of the independent House of Lords Appointments Commission, which does not appoint people on the whim of the Prime Minister. I also respectfully suggest that other noble Lords are at present appointed on what might be called the whim of party leaders, but they are at least elected party leaders who have faced the electorate. To suggest that it is somehow more legitimate to have people in this place because of the hereditary position is wholly wrong. They, of course, are here only on the basis of the whim of a previous monarch, perhaps some centuries ago, whom that monarch might have married, and then their eldest son, the eldest son’s son, et cetera. That is no basis whatever for any sort of legislature deciding on the laws of the land in the 21st century.

For those reasons, all these amendments should be rejected so that we can get on to more serious debates. We should have Report shortly in the House of Lords and allow the House of Commons to consider the Bill.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I will briefly address just two of the points that the noble Earl, Lord Caithness, made objecting to the Bill. The first objection is on the basis that the Bill would end the one part of the existing process for the creation of new Members that is democratic because it depends on election rather than appointment. I can perfectly well understand, though I profoundly disagree with, those who argue for an elected House rather than an appointed House. What I fail utterly to understand is why it should be considered less objectionable—indeed, considered a partial answer to those opposed to an appointed House—that 92 of its Members and those who currently elect their successors come from a privileged class of hereditary Peers who, alone, are candidates for election. This is what the noble Lord, Lord Grocott, and, indeed, I in the past, have called the “assisted places scheme”. It is nonsense. It is hardly going to persuade those in favour of democracy that: “Ah, we meet that test now; we wouldn’t if this Bill went through”.

The second point is in relation to Amendment 58B: the suggestion that we wait until we are down to 600 before we implement the Bill. Under the Burns proposals, which are the route by which we hope to reduce the House to 600, those who leave by death or retirement are to be replaced—initially one for two, later one for one—by new members of the same party, so if hereditary elections remain, Tory slots in future would sometimes inevitably have to be filled by hereditaries wherever there is a gap. That would reduce the number of new Members whom the party leader might otherwise prefer to be in the House. If this Bill passes, therefore, and the Burns scheme succeeds in reducing us to 600, the Tories will not lose in numbers but will gain in the choice of who fills the available slots. If the Bill fails, hereditaries will form an ever-larger part of the Tory group. Is that really what they want?

[Baroness Hayter of Kentish Town (Lab)]

There is only one point I want to raise, other than to say that of course we want a general election. Actually there are two issues. One, which the noble and learned Lord, Lord Brown, has just mentioned, is the importance of refreshing this House not only with those who happen to be sons of people who, as the noble Lord, Lord Rennard, said, were appointed by a monarch or a Prime Minister. It will be important to refresh the House so that it is not just men who are appointed. That will certainly be the case for the Conservative Party which, otherwise, will end up very male-dominated.

My other point, from the point of view of the Labour Party, is on an issue that has been raised and which I have responded to before about the binding commitment. The binding commitment was, of course, not binding in law; it was binding until it was possible to change the composition of the House. I remind the noble Lord that that commitment was made in 1997. After we lost office, his party were in government in coalition from 2010 to 2015 and did not manage to bring in a change to the House, they were then not in coalition and did not do it, and they are now effectively in coalition again and are not doing it. The lack of commitment to changing the House means that a commitment made much earlier no longer has the standing that it had at the time.

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

Lord Brown of Eaton-under-Heywood Excerpts

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

[Baroness Hooper (Con)]

My Lords, I declare my interest as a life Peer who has sat in your Lordships’ House for 35 years and served the House from the Front Bench, the Back Bench and the Woolsack, and behind the scenes in committees and all-party groups. I also was here for the passage of the reform Bill, which sadly was handled very badly. Although the core purpose of that Bill was to lead to a more “democratic” House of Lords, it did not do so. I cannot say that the fully appointed House of Lords is worse than the mixed House in which I sat for 15 years, which had a mixture of almost equal numbers of life Peers and hereditary Peers. But it is not a democratic House.

I support my noble friend Lord Strathclyde’s amendments. I do not need to go into detail, because he and the noble Earl, Lord Erroll, have explained the situation very clearly. Indeed, it was very helpful to have the intervention from the Minister. It is important to remember that the purpose of the so-called reform Bill was not just to get rid of hereditary Peers, as was said at the time, but to lead to elections of a second Chamber. I have voted in favour of an elected second Chamber in your Lordships’ voting lobbies.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I strongly support this Bill. It is for that reason that I oppose this amendment, not because I do not see powerful arguments for a statutory HOLAC but because they clearly will not prevail in the context of this Bill; as has already been amply pointed out, they can only destroy the limited but important effect of the Bill as proposed.

I have said in the past that I am a huge admirer of the contributions made by hereditaries, but I fundamentally object to the notion that they should be followed by other hereditaries through an assisted-places scheme. That is what it is, and we have called it so in the past. It is of course right to say that the present scheme is also gender and racially biased, but those considerations fall into insignificance compared to that fundamental objection: that it provides for a well-born group of people to be necessarily the only candidates to fill 90 slots. That is just not appropriate. For the reputation of the House, I urge that this Bill be not hampered by the accretion of a statutory HOLAC, but be accelerated through. The fact that this House is trying to modernise and promote its reputation should be foremost in all our minds.

The thought that, as the Burns report progresses and we diminish in numbers, an ever-larger proportion will be hereditaries is absurd. Besides the Prime Minister’s commitment to her reticence and the fact that we are now diminishing in number, the one response of relevance to the Burns report is that in future there is to be,

“no automatic entitlement to a peerage for any holder of high office in public life”.

If Cabinet Secretaries, CGSs, Chief Metropolitan Police Commissioners, Lord Chief Justices and the like will not be able to count on appointment in future, why on earth should future hereditaries?

[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.

--- Later in debate ---

[The Earl of Caithness]

My Lords, the noble Lord, Lord Grocott, prompted me to rise when I was not going to speak on this amendment. He quoted again the odds of becoming a Member of the House of Lords and said that the balance is tilted in favour of the hereditary Peers. Does he agree that once hereditary Peers are removed, the quickest and easiest way to get into this House is to become an MP? A third of the House are ex-MPs and that proportion will go up. Does he agree that that is an equally unjust way to fill the House of Lords, and that the right way is to hold elections?

[Lord Brown of Eaton-under-Heywood]

My Lords, I suggest that a feature of this group of amendments—indeed, of all the others too with the single exception of Amendment 2A, moved by the noble Lord, Lord Strathclyde—is the destruction of the Bill’s essential purpose: to abolish hereditary Peers for the future but keep our present invaluable 90, or 92. The original proposal of the noble Lord, Lord Strathclyde, was at least consistent with the Bill in the sense that he was prepared, as he said, to accept the abolition of future elections provided that we introduce a statutory HOLAC but that is not true of the rest of these amendments.

[Lord Snape]

My Lords, I did not intend to speak on this group of amendments but I was provoked to do so by the intervention from the noble Lord, Lord Strathclyde. He was around in 1999; indeed, I am pretty sure that he played a major role in what took place then. It is all very well for the likes of the noble Viscount, Lord Trenchard, to pray in aid the agreement that came about then and use it as an excuse to say that it was a solemn and binding—he did not use that particular phrase—way to reform the House, that it was at only an initial stage and that he intended to continue that reform later, but the noble Lord, Lord Strathclyde, knows full well how the 1999 agreement came about. It was accepted by the Labour Government because the Conservative majority in the House of Lords at the time was enormous. Despite the equally enormous Labour majority down the corridor as a result of the 1997 election, that Conservative majority, in which the noble Lord, Lord Strathclyde, played a major role, made it quite plain that it was either this particular deal or no reform of the House of Lords at all. So let us not have any nonsense that this was merely stage one and talk of solemn and binding promises.

Indeed, that agreement came about without the knowledge and permission of the leader of the Conservative Party in the House of Commons. The leader of the Labour Peers in the House of Lords lost his job as a result of the agreement. He was a descendant of Lord Salisbury. I would have thought that it takes a lot to shift a Salisbury from your Lordships’ House, but that is exactly what happened. The noble Lord, Lord Strathclyde, knows not only where the bodies are buried but I suspect wielded a shovel himself.