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

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Department: Cabinet Office
Earl of Caithness Portrait The Earl of Caithness (Con)
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My Lords, it might be for the benefit of the House if I speak to my Amendments 58, 59 and 60, which my noble friend Lord Strathclyde mentioned in his speech. I am glad I am now following the noble Lord, Lord Grocott. I do not have my name down to 53 amendments, as he claimed. That was a very misleading statement. He also derided the amendment relating to female hereditary Peers. There is a slightly deeper reason for that. My name is not to that amendment, but I think my noble friend Lord Trefgarne, who will doubtless speak for himself on this matter, has introduced a Bill to change the rules regarding succession to hereditary peerages. I believe that it should be the eldest child. If the eldest child of the monarch should succeed, so should the eldest child of a Peer succeed. I would support any Bill in that direction.

Lord Campbell-Savours Portrait Lord Campbell-Savours (Lab)
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There will be people outside watching this debate. Will Members declare an interest at the beginning of their contribution if they are hereditary Peers so that people understand exactly where people are coming from in this debate?

Earl of Caithness Portrait The Earl of Caithness
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My Lords, that is not a declarable interest, but I think all those who are interested enough to listen to this debate will know that I am a hereditary Peer, and it does not take much looking up on Google to decipher whether a Peer is a hereditary.

The noble Lord, Lord Grocott, also said that he did not want me to speak. It was not until, I think, the 42nd minute that I was allowed to get to my feet, so I have not been delaying the Bill.

The noble Lord also mentioned patronage, which is of great interest to my noble friend Lord Cormack. I am sorry that he has changed sides. He will recall that, on 10 November 1999, in the other place he said:

“I believe without equivocation … that the House of Lords will be better for the 92”.


He raised another point a little earlier in his speech:

“We are witnessing a crude exercise of patronage”.—[Official Report, Commons, 10/11/1999; col. 1200.]


That was the patronage of the then Prime Minister Mr Blair, and I wonder what my noble friend thought of the patronage of Mr David Cameron in his Dissolution list when he ceased to be Prime Minister. That is why my noble friend Lord Strathclyde had one of his many eureka moments—this time it was in the bath yesterday morning, but he has had a number of them—and it is also why I tabled Amendment 58, which requires the setting up of a statutory appointments commission. I go into more detail than my noble friend Lord Strathclyde—I set out exactly what I want.

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Lord Trefgarne Portrait Lord Trefgarne
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My Lords, I will speak for only a few moments. I support the amendment and very much hope that it will become part of this Bill if it reaches the statute book, which, naturally, I hope it will not. Just a few moments ago, the noble Lord, Lord Grocott, appeared to deploy what I believe he considers to be—

Lord Campbell-Savours Portrait Lord Campbell-Savours
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Will the noble Lord declare an interest so that those outside understand where he is coming from?

Lord Trefgarne Portrait Lord Trefgarne
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If it will satisfy the noble Lord, I am happy to declare that I am a hereditary Peer.

A few moments ago, the noble Lord, Lord Grocott, described what he sees as the principal shortcomings of the by-elections—namely, that there are very few voters and candidates for the Labour Party and the Liberal Democrats as compared with the Conservatives. I hope he therefore agrees that, if the Bill does not become law, voting in by-elections should be done on an all-House basis, which I shall very much support.

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Lord Northbrook Portrait Lord Northbrook
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My Lords, I hope that this answers the point raised by the noble Lord, Lord Anderson of Swansea, who is not in his place. I remember well that in the original House of Lords Bill in 1999 we tried to get the amendment of my noble friend Lord Strathclyde added, but it was thrown out by the other place at the last minute. As other noble Lords have said, the non-statutory Appointments Commission, which was established in May 2000, has done a good job in connection with the non-political Peers.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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My Lords, again, will the noble Lord declare an interest in this debate to help people outside understand where he is coming from?

Lord Northbrook Portrait Lord Northbrook
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I apologise to the noble Lord, Lord Campbell-Savours. I declare an interest as a hereditary Peer.

The House of Commons Political and Constitutional Reform Committee report of October 2013 has an interesting section discussing that.

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Lord Strathclyde Portrait Lord Strathclyde
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My Lords, I think that that was as a result of an intervention from my noble friend, so perhaps I could just finish my remarks but also say how much I agree with what the noble Lord, Lord Adonis, said. The noble Lord, Lord Grocott, said that this is a short Bill of three clauses. The Maastricht Bill was four clauses long and that was debated for days and days in Committee on the Floor of the House in another place and then in this House, again for several days. The size of the Bill has no relevance to how much it should be debated.

As for the noble Lord, Lord Rennard, with his little lecture on amendments, I look forward to seeing his submission to the Procedure Committee to describe amendments in different ways. I accuse the Liberal Democrats of stretching every single sinew of the clerks’ patience in order to find ways of putting amendments down. I remind my noble friend Lord Cormack that this is the first time, the first day I have spoken on this Bill. He has spoken far longer than I have during the passage of this Bill.

Lord Campbell-Savours Portrait Lord Campbell-Savours
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The amendment!

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, I will get back to the amendment, but I say to the noble Lord, Lord Campbell-Savours, if you deliberately curtail debate in this House, those of us who oppose this Bill will find other ways, perfectly conventionally correct, to continue that debate.

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Lord Mancroft Portrait Lord Mancroft (Con)
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My Lords, while it is attractive and interesting to look back at the past and see what happened—what the noble Lord, Lord Snape, has been saying is interesting—

Lord Campbell-Savours Portrait Lord Campbell-Savours
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Will the noble Lord please declare his interest?

Lord Mancroft Portrait Lord Mancroft
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I think that the Standing Orders do not require me to declare an interest given that most people in this House know I am a hereditary Peer—and I am delighted to be one. What I am not is a placeman of a Prime Minister.

That is the issue which divides the House today. My noble friend Lord Strathclyde has quite rightly said that no one is defending the hereditary peerage in the way it was defended in 1908 and 1911. That is not the attempt; rather, it is the inadvertent effect of this Bill, which is of concern to many of my noble friends and indeed to the noble Lord, Lord Adonis, who referred to it earlier. By creating an appointed House without an appointments commission, we create a monster whether we want it or not. I say this with great respect to noble Lords throughout the House, however they came to be here.

The joke that is repeated in the newspapers is that this is the second-largest Chamber in the world after the Beijing second Chamber. That is probably correct, but it is pointless and irrelevant. What is much more important is that, if we were to go down the route the noble Lord, Lord Grocott, is seducing us to follow, we will have done something that is unique in the world. We will have created a second Chamber that is virtually a retirement home for the Members of its first Chamber. In other words, we would create a second Chamber which is the poodle of the political establishment of the day.

At the moment, we are going through one of the most difficult periods in our political development—certainly during my time in this House. The passage of Brexit and our departure from the European Union is causing huge problems, the biggest of which is the separation between—

Lord Mancroft Portrait Lord Mancroft
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If the noble Lord will kindly allow me to finish, I will give way to him. As I say, we are seeing the separation of the majority in both Houses of Parliament from the majority of the people. Both may mildly have changed their minds in the meantime, but that is what has happened. We have a Parliament which is completely cut off from the way the people are going. If we go down the route that the Bill of the noble Lord, Lord Grocott, takes us, we will move even further in that direction. That is why I am opposed to it.

Lord Mancroft Portrait Lord Mancroft
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I think that the noble Lord, Lord Rennard, trumps the noble Lord, Lord Campbell-Savours.