House of Lords (Hereditary Peers) Bill

Lord Hacking Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Hacking (Lab)]

My Lords, I did not have the pleasure of hearing the maiden speech of the noble Lord, Lord Brady, but I am sure that he is most welcome to the House. But I did have the opportunity to hear my noble friend Lady Quin’s exquisite valedictory speech, and I am sure that we will all miss her.

I stand as a very rare species: I am a hereditary Labour Peer. More than that, I am the only hereditary Labour Peer taking part in this debate. My noble friend Lord Stansgate has avoided having to speak to the House by taking the chair for one hour as Deputy Chairman, so it has been left to me.

In the parlance of these days, I should state where I am coming from, so I will express it to your Lordships. I took the oath for the first time in February 1972, nearly 53 years ago, when I was 34 years of age. At the time, Earl Jellicoe was Lord Privy Seal and Leader of the House, and Lord Shackleton was Leader of the Opposition. One was the son of Admiral Jellicoe of Jutland fame and the other was the son of the great Antarctic explorer Ernest Shackleton—I felt a touch of heredity existed. I remained in the House until 1999—I was here for 27 years—and returned in 2021 at the encouragement of my noble friend Lord Kennedy, my Chief Whip. I have therefore been in the House for 30 years, with my first spell being 27 years.

Since I arrived in this House in 1972, I have always held that, in the world of the Mother of Parliaments, no membership of this or any other House should be by the accident of birth, and I remain strongly committed to that principle. That is why, in 1999, I refused to put myself forward for election among the 10% of excepted hereditary Peers. I am afraid that I did not keep to that same purity in 2021, but my noble friend Lord Kennedy is very persuasive.

Yes, as the noble Earl, Lord Kinnoull, said, there are improvements to be made, and I hope they will be put forward. The noble Earl suggested that absent prayers—I mean absent Peers: a slip of the tongue—should be excluded on a tighter basis than just one absenteeism in the whole five-year period of a Parliament. I hope that that will be attended to in Committee.

Therefore, I will address only one issue, which was raised by the noble Lord, Lord True. He argued that the removal of the hereditary Peers was unnecessary and that they should be allowed to wither away. He cited the treatment of the existing hereditary Irish Peers in the 20th century, who were not removed but allowed to wither away. Indeed, they did wither away some time ago. The trouble is that the noble Lord’s argument runs against the principle that nobody in Parliament should be here by the accident of birth.

It has been a great privilege for me to be in this House from 1972 to 1999, and then again since 2021. I end my short brief speech with praise for my Leader for the very tactful manner in which she introduced this Bill and her readiness to give rightful praise to a number of hereditary Peers. In her earlier speech, she actually identified two hereditary Peers of great distinction. This contrasts with the noble Baroness who was the Leader of the House in 1999, who, in a rather brief speech, addressed the hereditary Peers with the words, “Thank you and goodbye”.

House of Lords (Hereditary Peers) Bill

Lord Hacking Excerpts

Committee stage
Wednesday 12th March 2025 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I want to make sure that in this debate we do not forget the case of our late noble friend, Lord Montague of Beaulieu, who was imprisoned for 12 months for homosexual acts and would have fallen foul of my noble friend’s amendment, even as amended by my noble friend Lord Hailsham. He was charged under the same Act of Parliament as Oscar Wilde and many other gay men. The Montague case of 1954 gave direct rise to the Wolfenden report of 1957 and the decriminalisation of homosexuality 10 years later—a campaign led in your Lordships’ House, incidentally, by a Conservative hereditary Peer, the eighth Earl Arran, following the sad suicide of his brother.

On his release from prison, Lord Montague of Beaulieu returned to your Lordships’ House and remained an active and greatly esteemed Member, as well as highly engaged in civic life. He chaired the Historic Houses Association and English Heritage. He was elected to remain in your Lordships’ House in 1999 and announced his plans to retire only in 2015, the year that he died. So, while I agree with the sentiment that lawmakers should not be lawbreakers, it is important to remember that what constitutes a criminal offence is a question for legislation, and I for one am glad that the late Lord Montague was able to remain a legislator.

[Lord Hacking (Lab)]

I would like to add to what the noble Lord has just said. Some 53 years ago, when I first entered the House, there was a Cross-Bencher who had been convicted and served his penal sentence. I have forgotten where it was. He was greatly respected and was treated as an expert in your Lordships’ House on penal matters.

[Lord Keen of Elie (Con)]

I am obliged to the noble Lord. I am not able to claim that same degree of expertise.

In speaking to these amendments, I fully understand what lies behind them: a desire to ensure that those who serve in this legislature exhibit the standards of integrity and character that the public would surely demand of them. My concern is that the amendments are perhaps too narrowly focused. We already have a means, since the 2015 Act, of dealing, by way of the Conduct Committee, with recommendations for expulsion or suspension. That broad remit seems to me a more equitable and sensible means of addressing these issues.

I give but a few examples. In the past few years, at least one of your Lordships was convicted of a serious offence in the United States of America. He was sentenced to three and a half years in prison. Would that sentence be attached by the proposed amendments? It would be necessary to extend the amendments to sentences imposed by courts not just within but outwith the United Kingdom. What if a noble Lord was charged with an offence in the Russian Federation on highly dubious grounds and was convicted and sentenced to a number of years in prison? How would we deal with that issue if we had extended these provisions to sentences imposed by courts outwith the United Kingdom?

House of Lords (Hereditary Peers) Bill

Lord Hacking Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

[The Lord Bishop of London]

My Lords, I will speak to Amendment 109, in the name of the noble Lord, Lord Northbrook. Those of us on these Benches are clear that we support the inclusion of wider faith representatives in your Lordships’ House. Since before the Wakeham commission, we have favoured wider representation. Many of us work alongside different faith leaders and we know well the expertise that they can bring. In past submissions to this House, the Church of England has offered to work with the appointments commission on how representatives from other denominations and faiths might be identified to serve here. However, this is not straightforward. For example, Roman Catholic clergy are prohibited by the Vatican from serving on legislatures, and it is not easy to find representative leaders among diverse bodies such as Churches or other faith groups. This would require serious discernment, more than is offered by Amendment 109.

[Lord Hacking (Lab)]

My Lords, I think that I am the only Member of the House, except for the noble Lord, Lord Lucas, who was here in 1999 for the first expulsion—

[Lord Cromwell (CB)]

I was.

[Lord Harris of Haringey (Lab)]

We voted for it.

[Lord Hacking (Lab)]

Oh, there were others.

I remind the Committee that we were brutally removed when the Act was passed. It was late December that the Bill was taken through its final stages, and we were out of the House by the end of December. The great difference—as I hope other noble Lords who were there in 1999 will remember—is that we did not have any long debates. We had no debates about the future constitution of the House of Lords, except whether it would be elected or appointed. That is where our discussions ended. I am getting a nod from the noble Lord, Lord Moynihan, so I am getting support on that point.