House of Lords (Hereditary Peers) Bill

Lord Forsyth of Drumlean Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords, I think I have a sense of humour, but I did not find the noble Lord’s speech at all amusing. What is being proposed here is a nasty proposition. It is being proposed in the amendment of the noble Baroness, Lady Hayter, but she did not actually speak to it but rather complained about the process by which this Bill has been scrutinised by the House. Let us spell it out here: this is a very nasty proposition that every single hereditary should be forced out of this House the moment the Bill receives Royal Assent.

The mask has slipped, because it is all about numbers. It is about reducing the number of Conservatives in this House; Conservatives who have a duty to provide opposition to the Government and to seek to warn them where we believe they are making errors or mistakes —and, my goodness me, that becomes an increasingly onerous task. The noble Baroness talked about degrouping. I am very sad that the amendment has not been grouped with that of my noble friend Lord Young of Cookham, who has a rather more satisfactory and sensitive approach.

The noble Baroness mentioned in her speech that she convened the group that has done so much to bring forward iterative improvements to this House, led by the late Lord Cormack and my noble friend Lord Norton. The whole point of that group and its success is based on the fact that it achieves consensus, works in harmony and works across the House. To have an amendment that suggests that the hereditary Peers, who have given years of public service to this House, should be trashed the moment the Bill gets Royal Assent is an outrageous proposition.

It shows scant regard to how this House operates. There are no fewer than five Deputy Speakers who are hereditary Peers. When the Bill is passed, what is going to happen? Where are these Deputy Speakers going to be found from, just like that, on a timescale that remains unknown? It means that the Convenor of the Cross Benches would disappear just like that, and the Cross Benches obviously have a great job to do in this House.

Then there are the committees. I said I would speak only once on this Bill, to the first amendment, but this amendment is so nasty and unpleasant that I feel I should point out some of the practical consequences. I mentioned in my speech at the beginning of this process the noble Lord, Lord Vaux, who serves on my committee and is a really able Member. Are committees to be denuded of their participation just like that? Think of the practical considerations.

All that may not exude much sympathy, but I think all of us in this House are pretty fed up with reading in the newspapers how we get £371 a day just for turning up. The fact is that Members on the Front Bench are unpaid, and people are meant to meet their other costs out of this, which include research facilities and perhaps overnight accommodation for people coming from elsewhere. What of those hereditary Peers who have staffing or other obligations? Are they suddenly to be cut off, without any concern? I find it astonishing that the noble Baroness, chairing this group as she does, should come forward with such a divisive amendment.

When I spoke at the beginning, I suggested that there was a way forward—to reach a consensus in the House that looked at the requirements of the House, the role played by the hereditaries and their necessity in enabling the Opposition, Cross-Benchers and others to hold the Government to account. Wise Governments like to be held to account because that is what prevents them making serious mistakes.

As the House of Commons fails to do its job, this House becomes ever more important. We need an arrangement here. I understand that the Government have a clear mandate. The hereditary principle is over and a number of the hereditaries will leave the House, but let us do this in a way that does not poison the atmosphere in this House and does not prevent us carrying out our proper duties.

We can do without amendments like this. My noble friend Lord Young’s amendment, when we get to it, is the sort of approach I would much prefer to see coming from the noble Baroness than the amendment she has just moved.

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[Lord Grocott (Lab)]

My Lords, it has been an effort not to speak for the previous several hours, but flesh and blood can take only so much. I have listened to virtually all the debates that have taken place, including numerous Second Reading debates that took place on the first group of amendments today, with Members, kindly enough, pointing out to us that they had not had the opportunity to speak so far. We are on the fifth day in Committee and they did not speak on Second Reading, but they thought it was their duty to, in effect, give us a Second Reading speech today. They have since departed. I am sorry that they seem to have all gone somewhere else now and their interest in the Bill seems to have finished.

On my noble friend’s amendment, it is difficult for me not to repeat things. We are talking about 88 people who have known for a quarter of a century—if they know anything about these things or follow them—that this House has decided that the hereditary principle should not apply to legislators. Now, they are apparently faced with some gross injustice that will cause them great pain. As I have pointed out before, I have been summarily thrown out of Parliament, as has the noble Lord, Lord Forsyth. I got over it pretty quickly, to be honest.

[Lord Forsyth of Drumlean (Con)]

Yes, we were both thrown out by the electorate, but we were given some resource to enable us to deal with staffing and other issues. We were supported in that process.

[Lord Grocott (Lab)]

The decision to remove the hereditaries means they are being removed by the electorate —the electorate that elected a Labour Government with this manifesto commitment. The noble Lord, Lord Forsyth, will not know, because I departed rather before he did, that there was none of the kind of soft landings in quite that degree when I lost, but I do not complain about that. Man up. Man up is about the right phrase for a men-only section of the House of Lords. Plenty of notice is being given. My noble friend says it should be on Royal Assent. I think someone suggested it should be at the end of the Parliament in four and a half or five years, or at the end of this Session. When is the end of this Session? We do not know. It could be in a few weeks.

The fact is that there will be a date, there will be plenty of time to address it, and no great injustice is being done by following the result of a general election. Great kindness and support are being shown. We have all said, or many of us have said, that there are some very able hereditaries, but the most amusing of the comments I have heard is, “How will we cope with all this talent being lost to the House? Maybe we should set up a review after a year to see what damage has been done to our democracy by these people departing”.

I simply say to that, “Don’t bother”. We have done it; we had a review. Twenty-five years ago, 668—I think that was the figure—hereditary Peers were removed. We are talking about 87 now. We have had a template to see the damage that results from the departure of hereditary Peers. As far as I can make out, in the period since the 668 departed, the earth has still revolved around the sun in much the same way as it did before. The British people have taken it all very calmly and in their stride. I do not recall any demonstrations against it. I have not heard a tangible argument from anyone specifically spelling out what damage was done to the work of this House by the departure of that group of people. I have nothing against them. There may have been an Einstein among them as far as I am concerned, but this House is bigger than it will be when a certain number of people depart for whatever reason. It is suggested that if you throw a group of people out like this, all sorts of other groups will feel threatened. Well, if they do feel threatened, they will get around 25 years’ notice if precedent is anything to go by.

I want to put one final test—I slightly realise the risks I am taking by speaking at all—to people, mainly those on the other Benches. I have to take it at face value, although I have my doubts, that they are desperate for further reform of this House. They are urging the Government at the earliest possible opportunity to bring forward a series of reforms. I have never noticed them arguing for that other than in the present circumstances, but that is their argument, to which I say that if I were advising the Government now, in the light of this debate—where a very narrow, well-publicised, well-rehearsed, well-anticipated reform is taking place and has allowed this Committee over five long days and bits of nights to discuss everything from attendance to statutory commissions, the role of the Bishops and everything under the sun—my advice to them would be to think twice before they bring in any piece of reform legislation whatever because all this stuff was able to be debated this time, apparently legitimately, so they would be running a grave risk to their legislative programme if the same amount of time was given to any further reforms.

The real test will be this. Let us get on with the rest of this Committee. Let us get on with Report. I think three days should be the absolute maximum after five days in Committee.

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[Baroness Hayter of Kentish Town (Lab)]

I am slightly surprised to be called that, I have to say.

[Lord Forsyth of Drumlean (Con)]

I did not say that the noble Baroness was nasty and brutal. I said her amendment was nasty and brutal.

[Baroness Hayter of Kentish Town (Lab)]

“Hairs”, “fine” and “splitting” come to mind.

There are two major issues: we have been warned about having these long debates and about amendments that, frankly, are never going to be accepted, because even if they go through here on opposition votes then they will be overturned down there. So what are we doing debating Motions that are never going to be in the Bill and probably should never have been tabled?

--- Later in debate ---

[Lord Forsyth of Drumlean (Con)]

My Lords, the hour is late, so I simply want to say this: I hope that the noble Baroness the Leader of the House will take on board the very wise advice given by my noble friend Lord Young of Cookham in speaking to his amendment. He is vastly experienced, having been Leader in the other place. I think all of us, with the possible exception of the odd Conservative Whip, have much enjoyed the way in which he takes a sometimes very independent and always well-considered view of matters before the House. Notwithstanding the earlier debate, I would like to be on record as very firmly in support of what he suggested. I hope that the noble Baroness the Leader will treat that seriously in the interests of the House as a whole.

[Lord Moylan (Con)]

My Lords, other amendments in this group have a tendency to delay the date of implementation of the Bill. My Amendment 107A is neutral on that. It would remove the words relating to the end of the Session from the Bill and instead would make the implementation of the Bill dependent on a statutory instrument to be moved by the Government. To make it all the easier for the Government to accept it, I have ensured that it would be through the negative procedure, so it would be the easiest thing in the world for the Government to do. That flexibility might be of advantage to the Government; indeed, if I were them, I would seize this amendment with open hands and adopt it as my own.

Noble Lords who are hereditary Peers may think that it introduces an element of capriciousness about their fate and that they would therefore be uncertain about when they would come to the end of their term. But there is already a large degree of capriciousness and uncertainty, because the end of the Session is, of course, not a fixed date: it will be decided, in effect, by the Prime Minister, and I am sure he will decide it according to a broad range of considerations. The fate of Members of your Lordships’ House is probably quite low on that list. The Session could end at any time. Noble Lords who feel that they would somehow be losing control of events by handing this power to the Government just need to remember that the end of the Session is equally in the Government’s power. But this would give the Government a little more flexibility and allow them to have more discussions, perhaps after the Bill has passed, about an appropriate time for implementing it, so as to be able to carry noble Lords with them a little more.