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

Debate between Lord Foulkes of Cumnock and Earl of Caithness

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

[The Earl of Caithness]

My Lords, we move to an important amendment which would not delay the implementation of the Bill in any way if it were accepted. It touches on a matter that we have briefly discussed: the appointment of life Peers to the House. When the 1999 Bill was debated in the House of Commons there was considerable discussion about patronage. My noble friend Lord Young of Cookham, then Sir George Young, said that the Bill would see,

“a quango House created by stealth”.—[Official Report, Commons, 10/11/99; col. 1147.]

My noble friend Lord Cormack also criticised the patronage that could happen at that stage and recommended that the hereditary Peers be kept because of the undiluted patronage of the Prime Minister.

Since then, as the noble Earl, Lord Kinnoull, has said, the House of Lords Appointments Commission has come into being, but it is not statutory. Whatever happens to this Bill, immense power and patronage will be in the hands of one person to appoint life Peers.

The purpose of Amendment 58A and the two other amendments that go with it is to establish a statutory appointments commission. I will not go into detail because noble Lords who have studied the 2012 Bill—which, sadly, fell in the House of Commons because of mishandling at that end—had it all in there. My words are taken from the 2012 Bill, of whom one of the proposers was none other than Sir George Young, so my noble friend the Minister will know the words intimately. I hope that because he designed and approved them, he will have no objection to them coming in.

This would be a good amendment for the noble Lord, Lord Grocott, to accept. At the moment his Bill is destroying a part of the House. He has described it as a small Bill, but it is like lighting a match and putting it to a fuse that is going to Semtex because there will be substantial alterations to the British constitution as a result. He could go out with this Bill not only having destroyed something but having put something valuable in its place—a statutory appointments commission.

I will not weary your Lordships by taking you through all the points of detail because they were all made by parliamentary draughtsmen seven years ago. I beg to move.

[Lord Foulkes of Cumnock (Lab)]

My Lords, if I was still in another place and not here, I would ask the person chairing the Committee how this amendment is allowable. The purpose of the Bill is to:

“Amend the House of Lords Act 1999 so as to abolish the system of by-elections for hereditary peers”.


It does not go beyond that. However, this amendment goes way beyond that.

As I understand it, because of the crazy procedure in this place, the chair has almost no powers, so perhaps I may ask the Minister, who has been referred to on many occasions by the proposer of this amendment, how on earth these amendments are allowable. It is crazy. Is there no answer?

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

Debate between Lord Foulkes of Cumnock and Earl of Caithness

Friday 23rd March 2018 Lords Chamber

[The Earl of Caithness]

My Lords, I have reflected and I have stated exactly what I did. My noble friend also went on to say that we should,

“recognise that the interim House, as it is called by some, which will assemble next week, could exist for some considerable time”.—[Official Report, Commons, 10/11/99; cols. 1200-01.]

So my noble friend knew exactly what the situation was, and what he said was repeated by John MacGregor, now the noble Lord, Lord MacGregor of Pulham Market.

[Lord Foulkes of Cumnock]

I think I am right in saying that the noble Earl is the 20th Earl of Caithness and his title goes back many centuries. Instead of speaking here, would it not be better if he went back up to Caithness, got down on his knees and thanked the Lord that he lives in the United Kingdom and not in France, where they had a rather more ruthless way of getting rid of their aristocracy?

[The Earl of Caithness]

Well, some survived that too and doubtless some of us will survive this onslaught against us. My noble friend Lord Deben, the then Mr Gummer, also said what a good thing it was to have some hereditaries here because:

“A society is better run when, even if it is not entirely rational, power is spread a bit, with the opportunity for different people to make different comments about different things.—[Official Report, Commons, 10/11/99; col. 1173.]


All I am asking is that the noble Lord, Lord Grocott, consider that we amend the way by-elections take place at the moment to make them for the whole House rather than just individual parties, and that we revisit this when, as I said earlier, there is greater implementation of the report of the noble Lord, Lord Burns.