House of Lords (Hereditary Peers) Bill

Lord de Clifford Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord de Clifford (CB)]

I welcome the opportunity to speak in this debate today because if House of Lords reform had taken place in last 25 years, I would not have had the opportunity to be elected to this esteemed House.

In principle, I cannot disagree with the Bill, despite being one of the last hereditary Peers to be elected to the House. I am obviously disappointed that my time in this House is most likely going to be curtailed before I have learned the ways of the House and how I can best serve and contribute to its workings.

Whenever I am asked whether it is appropriate in the 21st century that hereditary Peers should have the opportunity to be elected to the House, I have always said no. As for why it is not appropriate, in a modern Parliament, individuals should not have the opportunity to be elected based on the patronage of the King 725 years ago, which is my privilege. Also, the make-up of the candidates for the hereditary by-elections lacks the diversity and equality needed in this current century.

It is clear from the recent debates and the many contributions made today that further House of Lords reform is needed and welcomed by most in the House. The Bill is the first stage in that reform, and possibly the simplest, but how can this House and the general public know that the further reform that is needed will take place?

In 1999, the retention of 92 hereditary Peers was negotiated to try to ensure further reform. That reform has not happened. It is probably correct that the 92 hereditary Peers should lose the right to sit in this House, but I feel the House needs to introduce a timeframe for Lords reform. With so many different opinions in the House on House of Lords reform, without a timeframe—or even better, a deadline—no possible decision will be made. In business, if something needs to done, putting a timeframe in place focuses the mind, and decisions are made.

I acknowledge that this Government have a lot of legislation to work their way through, and Lords reform may not be at the top of that agenda. Despite this, and as other Peers have suggested, I ask the Leader of the House to consider setting out a timeframe, and even making an amendment to the Bill to ensure that the Government report to Parliament on Lords reform within a reasonable timeframe.

With no timescale in place for Lords reform and the removal of most of the hereditary Peers, I do however hope that some Peers may be granted life peerages, in light of their extraordinary service to this House.

The Bill would leave the House in a weakened position, as the balance of power for appointments would be in the hands of the Executive, with HOLAC providing limited nominations of future Peers. Sadly, in the past few years, the Executive have chosen to abuse that power, which has damaged the reputation of the House.

The government manifesto stated that there will be a retirement age of 80 at the end of this Session. I personally do not agree with an age limit, as lots of experience would leave this Chamber at the same time. I support the Burns report and suggest that there should be a limited time to serve in the House of 15 to 20 years. There is no other institution I can think of, other than our monarchy, that is a job for life without any form of review or appraisal.

The House needs to have a minimum participation requirement to ensure all Peers contribute to the workings of this great House. There has been much debate and suggestion on how this should be measured. The noble Earl, Lord Kinnoull, made many excellent suggestions in the debate in November. Each system will have its flaws, but once a system is introduced it can be reviewed, changed and updated by an appropriate committee. Until you implement something, you will not know whether it works. Any changes made here will certainly not be an issue to the majority of hard-working Peers. I would also support reforms that enabled an increase in regional representation in this House.

The House currently works well, and I acknowledge that small changes have been made to improve its working. It is now the time to make more significant changes, other than just removing the hereditary Peers, to ensure that it continues to do its great work to improve legislation, using the expertise and experience that we all bring to the House. This Bill is a stage in that reform. I ask the Government and the House to ensure we do not have to wait too long before more reform happens to further enhance the workings and reputation of this esteemed place.

House of Lords (Hereditary Peers) Bill

Lord de Clifford Excerpts

Committee stage
Monday 10th March 2025 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, this and the next three groups are about related issues, and we cannot avoid moving from one on to the other. They are about limiting the conditions under which one becomes a Member of this House.

When I was appointed to this House 29 years ago, the majority of Members clearly saw this as a part-time job. It was explained to me that it was a part-time job. I managed to go on being a full-time professor at the LSE for another nine years. Now we have a more professional House. We are expected to commit ourselves to working hard while we are here. Life expectancy has risen and more of us have some expectation of living well into our 90s. I am told that my life expectancy, given my parents and my elder sisters, is around 98, so I can perhaps look for many years to come. Clearly, we need to take this on board and the Government need to give us some indication of how they are going to moderate the lifetime rights to sit in this House.

As we have become a professional second Chamber, do we think that retirement, life terms, participation or attendance is the most useful way to do it? I agree with the noble Lord, Lord Hogan-Howe, that term limits are the easiest way. The 2012 Bill proposed for the elected Members a single term of 15 years, elected in thirds, and a 15-year term for those who were appointed. That, at the time, commanded widespread support. I suggest that the Government look back to this; we have been around this circuit before.

I will also say briefly that we have to remember the context in which we are discussing this. Popular disillusionment with politics in Britain is high; respect for both the Commons and the Lords is low. We have, outside Britain, much that we dislike in populist politics, anti-democratic tendencies, the belief that strong men make politics easier, and we see the problems of systems where checks and balances built into their constitutions are being ignored. We cannot entirely ignore that, as limited outside opinion looks at the way that we as a second Chamber behave. If the Government are going to push this limited Bill through, they must also respond to that for the longer term. The sort of second Chamber to which we might slowly shuffle is one in which term limits are perhaps one of the ways in which one limits the life cycle of Members.

[Lord de Clifford (CB)]

I support this group of amendments and other groups that follow with regards to Lords reform. I take this opportunity to say again that, as an hereditary Peer, I am not opposed to Clause 1, but having the opportunity to be elected to the House of Lords is not an appropriate way of selecting people to sit in the House in the 21st century, for many reasons. This is a simple Bill with one purpose: to remove the right for hereditary Peers to continue to sit, contribute and vote. It is a great privilege to be a Member of this House, and I am fortunate enough to have experienced it for a short time.

The Bill achieves some reform of an outdated process, possibly the easiest one, as it is a simple one. If this Bill is so simple, why have so many amendments been put down? That concerns me and others such as the noble and right reverend Lord, Lord Harries. The fear is that there will be no further reform for many years after the Bill has received Royal Assent and the hereditary Peers have left. The noble Baroness the Lord Privy Seal has said on many occasions that further House of Lords reform is under consultation. Sadly, the track record of the House in making decisions on legislative reforms is not a good one, as proven by Bills from the noble Lord, Lord Grocott, and many others, and the implementation of the recommendations of the noble Lord, Lord Burns, and his committee.

This group of amendments makes suggestions for reform, one of which concerns the length of term a Peer can serve in the House. Having been in the House for only just over a year, I would say that the ways of the House are quite challenging at times, especially if you are not used to the way that government works. A bit of time is needed to understand the way that the House works, to gain experience and to be best able to contribute. I feel strongly that, in the majority of cases, a term of 15 or 20 years is appropriate for Peers to serve in the House. As Peers have many skills and experiences that they can bring during their term, they can contribute to the workings of the House. When they come to the end of a term, there are many outside this Chamber, as some Peers have already commented, who have similar skills and different experience to bring to the House: the noble Lord, Lord Anderson, stated this clearly on the previous group.

Another feature of the 21st century is that there are not very many jobs for life with no formal review process, appraisal or performance review. That privilege and the privilege of the role can be maintained with just half a day’s work every year. I agree that a consultation on this matter is appropriate, and I agree with the amendment of the noble Viscount, Lord Thurso. That has great promise, and I agree that it should apply only to Peers who enter the House at this stage. I note what the noble Baroness the Leader of the House said regarding the consultation process that is ongoing. Can I ask when she might bring reform to the House on one or two of the areas that we are about to discuss in the next few minutes?

[Lord Lucas (Con)]

My Lords, I very much agree with the noble Lord, Lord de Clifford, that we are extremely unlikely to see any further opportunity of Lords reform in the lifetime of this Government. It would be the first Government that had ever managed to achieve that in my 35 years in this House, and I do not see why the rules should have changed again, so it is really important that we get the discussion done now and move things forward a bit.

I like the amendment in the name of the noble Viscount, Lord Thurso, very much. It has the virtue of creating a big change at the end of a Parliament, just when you need a big change so that you can alter the balance of the House a bit and bring in Ministers. In my experience of this place, I think that 20 years is the right time; 15 years feels too short. It takes a good long while to embed yourself, and then one does have a decent, useful life after that, so 20 years feels better to me. I agree with the noble Viscount that we should go for a proper way of remunerating Members of this House. The sooner that pensionable, taxable remuneration comes in, the better. There is no excuse for the current system.

I can comfort the noble Baroness, Lady Smith of Llanfaes: if she ever feels powerful in this place, she will be immensely lucky. We are like waves breaking on the rocks of the seashore. Most of the time, we just bounce off. Occasionally, we manage to shift a grain of sand, and very occasionally, somehow, we all come together and shuffle a rock down the slope and into the deep, as with the unlamented Schools Bill in the last Parliament, or as my noble friend Lady Owen has achieved with her ambitions in this Parliament.

House of Lords (Hereditary Peers) Bill

Lord de Clifford Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Newby (LD)]

My Lords, whether or not one agrees with the noble Lord, Lord Grocott, that many of the issues we have been debating should not have been debated—I think with every passing hour, his arguments will gain more support among your Lordships—the one thing they have done that should help the Government is tease out the views of the House on the whole raft of issues the Government say in their manifesto they plan to legislate for later in the Parliament.

The Government are in a much better-informed position of what your Lordships’ House thinks on issues such as retirement age and what is acceptable behaviour than they were at the start. So we should all be—at one level, in theory—extremely relaxed, because the Government have a manifesto commitment to do all these things, on which we broadly agree, during the lifetime of this Parliament.

The problem is that a number of noises have emanated from the Government—not in your Lordships’ House—that perhaps they will not actually do it and that this might be the endpoint. That is why people are getting nervous, because the other things the Government are committed to—on which there is consensus, virtually, in your Lordships’ House—may not actually happen. That is why these amendments have been tabled and I completely support the principles behind them.

I am not sure that having an amendment that says that within a certain time the Government should come forward with unspecified things gets you desperately far. My problem with the amendment from the noble Lord, Lord Fowler, even though the third component of it mirrors our own amendment on an elected House in some respects, is of a different order. There clearly is no consensus in your Lordships’ House about an elected House, however much we would like it. That has to be dealt with separately from all the other issues where there is agreement and on which we need to make progress during this Parliament.

I hope that, if not tonight—I hope it will be tonight—then certainly on Report, we have a much clearer idea from the Government what their timetable is for getting to the next stage, because if we had that, it would ease a lot of the current debates, behind which lies a fear that the issues on which we are agreed may not be progressed in a timely manner. I look forward to hearing the Leader of the House’s response to this common plea from the House to keep at it and let us know the pace the Government intend to adopt in doing so.

[Lord de Clifford (CB)]

My Lords, I support these amendments, especially Amendment 81 from the noble Duke, the Duke of Wellington. I refer to my interest in the register: I am a hereditary Peer.

As stated on many occasions in Committee by the Minister on the Front Bench, this is a simple Bill with one simple action: to remove the right of hereditaries to sit in this House. Other than the first day in Committee, when your Lordships spoke on amendments to Clause 1, the remaining days have been spent mainly on reform of the House of Lords, with many different proposals being suggested, such as the length of a term a Peer should serve, a possible retirement age, a participation requirement for Peers, and a longer-term view of an elected Chamber or a partially elected Chamber, with regional participation.

The Labour manifesto mentioned the immediate removal of the hereditary Peers, which we are debating and which will most likely go through. I support this, although with disappointment, bearing in mind the good work that hereditary Peers have done in this House. The manifesto sets out more options for future reform, such as a retirement age and a participation requirement, with a long-term vision of a second Chamber to replace this esteemed House.

By the end of Committee, we will have spent nearly 20 hours discussing Lords reform. That is why I support these amendments: they require the Government to come back at some point in the future to say when the next Lords reform will take place—therefore, not wasting the time spent in this Session of Parliament discussing Lords reform. The track record of this House in agreeing some form of reform is not good. Hereditary Peers have remained here for 25 years.

Amendment 81 in the name of the noble Duke, the Duke of Wellington, which I support wholeheartedly, is simple—a bit like the Bill. It requires the Secretary of State to lay before Parliament a draft Bill containing legislative proposals for reform of the House of Lords within two years. It does not set out any detail about what should be in the proposed legislation; all it does is force the Government to take forward the next stage of reform, which, it appears from Committee, most Peers agree needs to happen.

The Leader of the House has encouraged us all to engage with her on the future of the House. I thank her for the time she has spent with Peers. These amendments may add to her workload because they put a deadline on making decisions with regard to reform, but some proposals have already been set out in the manifesto. They set a deadline for things to happen; without deadlines on difficult and indecisive issues, things just continue on and on. That is why a date would help to take reforms forward—it is important.

The reforms may not be perfect despite the length of time we have debated the issue. The legislation will not be a perfect solution and not everybody will agree, but reform is wanted from outside the House and therefore a deadline to force something through is appropriate at this stage. That is why I support these amendments to continue Lords reform after the removal of hereditary Peers.

[Earl Attlee (Con)]

My Lords, all these amendments are unnecessary as, in my opinion, there will be no next stage of reform at any time soon—certainly not in this Parliament. The drivers for this Bill are class-based and a need to reduce overall numbers, thanks—wait for it—to the mismanagement of various Conservative Prime Ministers. The only one of them who seemed to grasp the need for restraint was my noble friend Lady May.

The evidence for my statement is that Sir Tony Blair had two successive, clear election victories after the 1999 Act, as well as the benefit of the very carefully thought-out royal commission report chaired by my noble friend Lord Wakeham. He did nothing; I suspect that was because he could not be sure that any further reform would result in a better arrangement than what we already have. My question for the Minister is: why not just implement the Wakeham reforms?