House of Lords Reform

Lord Fowler Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord True (Con)]

My Lords—or perhaps in this new era I should say, “Fellow working people”, because we are fellow hard-working Peers—I am grateful to the noble Baroness the Leader of the House for the opportunity of this debate. It was the right thing to do, and I am grateful for the way she opened it. Like her, I will listen carefully to everything people say. However, it is regrettable that the business managers in another place have chosen to schedule the passage of a Bill to expel 92 of our fellow Peers on this very same day. How much better, I submit, would we be governed—even, candidly, under Governments in which I served—if those in another place sometimes listened to the advice and opinions of those in this one before they rushed into action.

In my response to the gracious Speech, I spoke about the plans that the Labour Party sprang—that is probably the word—on your Lordships in its manifesto. I need not repeat all I said then, but I stand by it. The plans have three broad characteristics. First, they are sweeping. Overall, between the excepted Peers and those over 80 in 2029, they would remove 375 Members of your Lordships’ House and 60% of the independent Cross-Benchers, and they would increase the weight of prime ministerial patronage.

Secondly, the plans are ill-thought-through. There is no clear statement about what the Government want this House to be or to do, although there is a declaration that the replacement of the whole House is the intended destination, with broad hints that the new House should be an elected one.

Finally, frankly, they are partisan in intent. That is quite legitimate, whether we like it or not. The aim of the Bill now in another place is partisan—it is to remove 88 Peers who do not align themselves with Labour and four who do. We should at least be honest about that. Declared principle cannot mask deep political purpose.

Aside from the partisan, another aspect is notable. It will be unpleasant and some may not like to hear it, but there is no evading it: the execution will have to be done at close quarters, brushing shoulders in the Lobbies as we go to vote for the removal of much-respected colleagues. You can just imagine it—seeing the Long Table and sidling down the other side to avoid sitting next to a colleague we have just voted to expel. That is not who we have ever been. It is not who we are.

There can be no doubt that the Bill being discussed in another place will cause some great hurt, and it will almost inevitably issue in conflict—conflict that may well spill out in quite unpredictable directions. All that is avoidable; there must be a better way. If the pretext for throwing out colleagues who are here under the 1999 Act or those born in the 1940s is not, in fact, partisan, it is often said to be—and has been said again today to be—related to numbers. As noble Lords know, I am not a believer in the numbers crisis; in the quarter century since 1999, there have been only 40 Divisions in the House where more than 500 Peers were here to vote. The average vote in whipped Divisions so far this Session has been 283, with a maximum of 419. Average daily attendance has never surpassed 500 in any Session in the post-1999 House—so call me a sceptic on overcrowding as a pretext for expulsion.

Even supposing that I am wrong and that we should aim for the number of 600, which many have advocated, would any sensible institution wanting that do it by expelling some of the most hard-working and effective Members in its ranks? How will that improve our effectiveness? Out among the 1999 Act Peers are the Strathclydes, the Kinnoulls, the Addingtons, the Howes, the Vauxes—I do not know how you say the plural of Vaux—the Courtowns and the Grantchesters, and out among those born in the 1940s are the Jays, the Blunketts, the Howards of Lympne, the Reids and the Winstons. These are all Peers with a proven capacity for hard work over many years, and there are dozens more on all sides.

If numbers are the issue, there must be a more discerning way than this. Of course, as I have said before, I believe that the fundamental answer is convention—the route that enabled Clem Attlee, outnumbered 10 to one here, to transform Britain for Labour in the 1940s. Perhaps participation is another route, as some have argued—although I would hate to see a House where worth was measured in quantity rather than quality of speeches. My problem is that Labour has never explained how its participation requirement would work and who would measure it—and the noble Baroness did not do that today. When she sums up, will she say what measure of participation was planned when Labour wrote this into its manifesto? She must at least know that. I can see that, if one wanted to reduce numbers, participation would potentially be a more fruitful basis for consideration than removing the best and most active. But both on exclusion—all exclusion—and on participation, it is clear that we would benefit from further reflection and discussion.

This great House is no longer the deposit of ages in which hereditary Peers once inherited a right to sit; it is a House that we created, with massive majorities in both Houses, by an Act of Parliament in 1999. It was created then with an understanding that it should subsist until agreement on reform of the House should be reached. No such reform proposal is on the table. Of course, the Labour Party has a political right to remove former hereditary Peers and people born in the 1940s, but I believe it has a constitutional responsibility to say what follows. It did not do so in 1999 and still has not done so today. All we have is an indeterminate commitment to replace all your Lordships with an alternative House. The implication, clearly stated by the Prime Minister in December 2022, was that this should be “democratically elected”. Sir Keir then said that it should be done quickly. There has been some back-pedalling since, with the Leader of the House back-pedalling particularly furiously—particularly, I understand, in private conversations. But that is still the proposition before us in Labour’s manifesto.

As it happens, having fought seven elections as a candidate in my life and, I regret to say to my Liberal colleagues, having won them all, I have no particular issue with the election principle, and nor does it trouble most other advanced democracies. But there are many, perhaps a majority in this House, who do not want to see that and who believe that nominating Peers under the 1958 Act is the most effective way to constitute a revising Chamber. I think everyone, including me, who knows and loves this great House thinks that, curious though it may seem to others, this House of experience complements the House of Commons and does the vital job that the other place has relinquished over time of scrutinising and revising legislation. Would the exclusion of these Members in the two proposals put forward by the party opposite improve our ability to perform that role? I doubt it.

Whatever one’s view, we can surely agree on one thing: this House is part of our sovereign Parliament and a vital, indeed profound, part of our ancient parliamentary constitution. It has protected many liberties and safeguarded countless citizens from hasty and ill thought-out law. Do we alone not deserve to be safeguarded from hasty and ill thought-out law? Should we not know the details of the fate the Government intend for our House and our Parliament before we begin to vote parts of it through? Should constitutional reform on the scale involved in Labour’s proposals—the progressive purging of this House and its planned replacement by we do not know what—not be the subject of cross-party consideration, whether in a Joint Committee or another consultative process? I submit that it should.

Labour says, “Trust us. Once you agree, albeit with kind words, to remove the noble Earls, Lord Kinnoull and Lord Howe, and 90 others like them, then we will discuss with you. We will discuss with you abandoning our manifesto promise to throw out everyone born in the 1940s at the end of this Parliament. Trust us. If you behave and ease the passing of the 92, then we will consult you on whether we will really implement our manifesto commitment to replace everyone in this House with an alternative Chamber”. What kind of constitutional principle or good practice is that? I am not the totally trusting kind as were, perhaps, the farmers, small businesses, savers, charities, nurseries, shopkeepers and care homes. They were the trusting kind and, in a matter of months, they found their trust broken by the Labour Government. I think we should see the colour of all Labour’s constitutional money before we accept some of its silver.

There must be a better way, a way that satisfies the wish of the Labour and Liberal Democrat Benches to prevent anyone coming here in future under the 1999 Act. This has always been a House of consensus, compromise and convention. When the Irish peerage was removed from your Lordships’ House in 1922, those who were already Members were allowed to stay. When the appellate jurisdiction legislation was passed in 2009, existing Peers under the 1876 Act were allowed to stay. That is why we continued to have among us the late lamented Lord Brown of Eaton-under-Heywood or the continuing presence of the noble and learned Lord, Lord Hope of Craighead, and others. The House denied a category of Peer future entry but retained its valued Members, valued their experience and continued to benefit from it. That gradualism, I submit, and not the guillotine, is the House of Lords way. It has served us before and it could serve us again.

After the election, the noble Earl, Lord Kinnoull, and I made an offer, in the spirit of compromise, that the process of by-elections under the 1999 Act should be suspended for this Session, given the Labour Party’s mandate. We have both been criticised for that by some in our groups, but it was intended to recognise the mandate of the new Government to close the gate to new entry under the 1999 Act, but also to create space for constructive discussion about a consensual way forward in which the Government could be assured that their programme would not be disrupted and in which the House would retain the benefit of its best.

The response so far from the party opposite on the 92 has been to offer no compromise and to stampede to build a guillotine. They are at it down the Corridor as we speak. We can surely do better. What guarantees that a Government’s programme passes is not numbers but convention. As I said on the gracious Speech, I thought it wrong that this House defeated the last Government on record numbers of occasions and with record rounds of ping-pong. Equally, I would think it wrong that the Labour Government should suffer in such a way. In normal circumstances, it would be wrong under this Government.

[Lord Fowler (CB)]

I am sorry to interrupt the noble Lord. He has gone on for a long time about consensus. I agree with him on that. Will he therefore explain why he did not support the very good 2016-17 report of the noble Lord, Lord Burns, which would have reduced numbers on a two-out, one-in basis and was approved by the House in a debate? That was consensus. Why did he not support it?

[Lord True (Con)]

I am speaking of numbers at present. I have addressed that question. The noble Lord understands the principles of collective responsibility; I was a member of the Government and successive Prime Ministers—the noble Baroness, Lady May, and her successors—all made it clear that the Government could not assent to those proposals. Our urgent need is to address the future of this House and potential threats to it. There is shared ground across the House to find the best way out of this impasse which will secure the continuation of service to it of the best people here.

I have been slightly distracted. I will reach a conclusion. When I was Leader, I reached out, as did the Convenor of the Cross Benches, in a valuable series of papers on conventions, to suggest discussions to refresh the conventions that guide this House—as the noble Lord, Lord Cunningham, did in 2006—to preserve your Lordships’ freedoms and give security to all Governments. I believe that to be the best course. Once again, I ask the Leader, who has intimated that this might be possible, and perhaps those in Whitehall behind her, to move off the narrow ground of composition and on to a broader discussion about how we keep the best of this House and how the conduct of His Majesty’s Government will be guaranteed by convention, as it properly should.