House of Lords: Membership

Lord Elton Excerpts

Thursday 28th February 2013 Lords Chamber

[Lord Cormack]

If that became the will of the House we would all have to accept it, wouldn’t we? My old and mischievous friend from another place makes his point with his customary tact. It is now 11 years since my noble friend Lord Norton and I formed a group called the Campaign for an Effective Second Chamber. My noble friend Lord Norton, who did that group great service as our convenor throughout those years, cannot be here today because of his teaching duties at his university. We miss him and the contribution he would have made. We formed that group, over which I have had the honour to preside, because we believe that this Chamber is effective but could be much more effective. We were always committed to an appointed House rather than an elected one, but we also recognise the fact that the House as it exists can and should be improved even though many people in this House—by no means the majority, but a number of very distinguished Members—would like to move towards election. The noble Lord, Lord Hunt, has made that his position in the past. Nevertheless, surely we can all recognise that the House as it exists is not only capable of improvement but cries out for improvement, not only in its size but in the way in which we do business. We all owe a great deal to noble Lords such as the noble Lord, Lord Filkin, who have been working hard in this regard over recent months and years. Whatever one’s ultimate view is, surely we should not stand in the way of what the noble Lords, Lord Steel and Lord Hunt, have referred to as “housekeeping reforms”.

To the Deputy Prime Minister, who has shown an interesting flexibility of mind and memory in recent days, I say, “If you believe that the best is elected, then do not let the best be the enemy of the good”. We think that this House as it exists—and on Mr Clegg’s own admission it cannot be fundamentally changed for some years—should now be changed in the way proposed in the amendment of the noble Lord, Lord Hunt. We all hold my noble friend the Leader of the House in the highest regard. I very much hope that he will take it upon himself as Leader of the House—leader of all of us—to convene a meeting to discuss ways and means of approaching the problems referred to by the noble Lords, Lord Steel and Lord Hunt. He would be doing us all a very great service if he exercised his initiative in that regard and I very much hope that he will. Of course, our expertise and experience, notwithstanding the noble Lord, Lord Hughes, must be refreshed and revived, but if many more Peers are introduced into this House without addressing the current problems we will bring this House into disrepute.

[Lord Elton]

Like the rest of us, my noble friend sees the expected approach of large numbers as rather like a torpedo. He is now choosing one of two paths put before your Lordships and I would like to know his explanation of that. On the face of it, the admirable amendment of the noble Lord, Lord Hunt, is actually hortatory—it advises and says that something may be done—whereas the principal Motion is prescriptive and states that it shall be done. The second is not in our gift; the first is. If you want to put out a net to catch the torpedo, surely it must be the first and not the second.

[Lord Cormack]

I understand and sympathise with the point made by my noble friend, but the fact is that there are issues like royal prerogative that have to be taken into account. We do not want to precipitate—this was implicit in the remarks of the noble Lord, Lord Hunt—a major constitutional crisis. What we want to do is address the housekeeping issues in this House. That is a simple and reasonable aim. This is declaratory, of course it is, but, if we have a vote at the end of this debate, I hope that the House will declare that it really is concerned about these matters. We are asking the Leader to do what he can to bring some common sense to bear.

Surely it is wrong that a particular person should be the stumbling block in the face of sensible reform. Mr Clegg has many admirable qualities, but he should not be allowed to be the arbiter of our constitution. That is wrong. He introduced a Bill, which failed. I am proud to wear this morning the tie made by the 91 stout Tory rebels who frustrated that Bill in July by saying, “You cannot get this through because we will not give you the time to do so”. Mr Clegg recognised that, and he should now recognise that if he believes in parliamentary democracy, and if he believes in this House as being a fundamental part of this democracy as it is the moment, it should be as effective as it possibly can be. If we continue to appoint new Peers without addressing the issues so eloquently talked about by the noble Lord, Lord Hunt, we will run the risk of making this House fall in public repute and indeed become something of a laughing stock, which it should not be. That would fly in the face of history and of what has been achieved by so many, particularly over the years since 1958 when life Peers were introduced. If this comes to a vote, I urge Members to vote in significant numbers to show that there is indeed a consensus in this House on these modest proposals.

--- Later in debate ---

[Lord Hill of Oareford]

I understand that point. As is normally the case with the noble Baroness, it is sharp, perceptive and fair.

I am conscious that the House would like to move forward. I will say a brief word on the Motion that was moved by my noble friend Lord Steel of Aikwood and about our powers of regulation in this area. The Leader’s Group got it right when it said that it could not recommend a moratorium on new appointments to the House. That must be correct. The Life Peerages Act 1958 gives the Queen the power to create peerages for life, with the right,

“to receive writs of summons to attend the House of Lords and sit and vote therein accordingly”.

Therefore, I agree with the way that the noble Lord, Lord Hunt of Kings Heath, and my noble friend Lord Cormack approached the issue. I cannot see that our right as an individual House to self-regulate includes the power to override that Act of Parliament.

I have set out why I believe that the Motion in the name of my noble friend Lord Steel calls for much action that has already been taken, and restraint that has been exercised. I have listened to the debate and recognise clearly that Members on all sides feel very strongly about the question of size. However, I hope that the figures that I shared with the House demonstrate that some beliefs about the issue of overall size are not quite borne out by the facts.

I believe very strongly that we must do more to accommodate rising attendance and the consequent increase in demand from Members, especially newer Members, for opportunities to take part in our work. I have strong sympathy with those who are uncomfortable about Members convicted of a serious prisonable offence returning to the House. Pending primary legislation to exclude Members on those grounds, I would certainly support steps to explore measures that we ourselves might take to discourage Members in that category from taking part in the work of our House.

Those are two areas in which we can help ourselves. On the remainder, noble Lords have set out their clear views forcefully. I have attempted to set out the Government’s position. I have no doubt that our discussions, both on the Floor and elsewhere, will continue. I will certainly play my part in those. In the mean time, I hope that the noble Lord, Lord Hunt of Kings Heath, will withdraw his amendment.

[Lord Elton]

My noble friend asked for restraint. Perhaps I may suggest some restraint on the part of Her Majesty’s Government. I can think of no more appropriate opportunity to put this point. I have watched the House of Commons for a great many years. I have noticed how it changes during a Parliament. At the beginning of a Parliament, the wisdom and experience of those who have served is diluted by many who come in with their head full of theories but no understanding of what the effects would be. As we have been not promised but led to expect legislation in the next Parliament, perhaps I may ask my noble friend to exercise his greatest efforts to see that reform is not undertaken in the first two years, so that those who talk about it will know about it.

[Lord Hill of Oareford]

My Lords, I am always in favour of people knowing about the things that they are talking about. I always listen with great care to what my noble friend Lord Elton says.