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

Lord Hamilton of Epsom Excerpts

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[Lord Rennard]

I am grateful for that intervention; that is a highly significant point. It is very clear that some of those most involved in the negotiations of 1999 would not favour our being where we are today, and would favour this Bill making progress. The argument that we cannot discuss this issue or make progress, because of an agreement in 1999, is absurd in terms of parliamentary democracy.

What, for example, would be the point of our debating the EU withdrawal Bill, if the European Communities Act 1972 had been binding on successor Parliaments? Would the noble Lords fighting to preserve hereditary by-elections also be arguing that we cannot consider leaving the EU, because of votes by both Houses ratifying a treaty 45 years ago and subsequently confirmed by the 1975 referendum? I suspect they will not make that argument.

[Lord Hamilton of Epsom (Con)]

I thank the noble Lord for giving way. The noble Lord, Lord Rennard, was, like me, appointed to this House on the whim of his party leader. Does he really think that is more legitimate than being elected from a body of hereditary Peers?

[Lord Rennard]

The noble Lord considers it a whim—I suspect many other noble Lords would disagree. There are at least some criteria by which people who are elected leaders of political parties make appointments. A hundred years after the attempts to reform the House of Lords before the First World War, when it was announced by the then Liberal Government that we would end the hereditary principle to replace it with the popular one, I do not think we can justify continuing to maintain the hereditary presence in any way. It seems that we must let this Bill proceed and we must vote for a minor, but important, reform to improve the credibility of our Parliament.

--- Later in debate ---

[Lord Anderson of Swansea (Lab)]

My Lords, I only wish that other noble Lords were prepared to give that same assurance. We might then indeed make some progress. As the wags say, this is déjà vu all over again. I was surprised when my noble friend Lord Grocott told me earlier that it is only the second time that he has introduced this Bill, as it seems to have recurred a number of times. I looked at what I said last time and, to my surprise, I adopt all I said at that time.

In my view, the case for the Bill is overwhelming. The status quo is indefensible—but of course, that does not stop a handful of noble Lords from opposing it. To choose members of the legislature simply by accident of birth is surely absurd, as absurd as going on to the top deck of an omnibus and choosing men—as the noble Lord, Lord Pannick, said, it is only men. It would perhaps be better to go into the dining room of the Athenaeum and choose just the men who happened to be there. I make no comment on the quality of the existing hereditaries, save to say that I am very impressed by them, but we do not know whether the sons of those same hereditaries will be as competent and as diligent as them.

[Lord Hamilton of Epsom]

Surely the effect of an election is that you sort out the best candidates.

[Lord Anderson of Swansea]

I am not wholly sure that that is always the position in the House of Commons, and, given the smallness of the electorate, it is unlikely to be the case in the House of Lords.

It is rumoured that there is in Whitehall an official book—a number of Members of your Lordships’ House have been officials—from which civil servants draw when they wish to block an initiative and prevent necessary change. There are many devices set out in this book. One is, “This is not the appropriate time”. If not now, when? Another is, “This is not the appropriate vehicle”. If not, what is the appropriate vehicle? Then there is, “There should only be a comprehensive package of reform”. How comprehensive is comprehensive? Clearly, only incremental steps are feasible in practice. “We agree in principle, but the drafting is deficient”. Well, accept the principle of the Bill. “A deal was done”. Are we to say that the deal was cast in stone for all time, whatever happens? Surely, the drafters did not imagine that 18 years on, we would still be in the same position.

I look forward eagerly to hearing what particular devices the Minister will draw on in his reply from the same litany of excuses for inaction—perhaps it will be a whole mixture of these—but the best argument which has been used, the only one of any substance, is that a committee is sitting whose recommendations we await. I hope that the remit of the Lord Speaker’s committee is sufficiently wide to include the hereditaries. However, if it is not, as my noble friend Lord Grocott pointed out, the 90 hereditary Members who are here would increase their numbers proportionally, and therefore the whole position would be even more anomalous. Perhaps we can be enlightened on that.

We know that the Lord Speaker’s committee will make its recommendation next month, but generally we do not know what the Government’s position is on the Bill, save that almost certainly they will oppose it. We know we have had the threat that a certain very limited number of Members will move amendments and presumably filibuster with the object of killing the Bill, and that should not be so. We go around the world trying to teach colleagues in other countries about democracy. Surely, this is an area in which we are mightily deficient, and we should change it as soon as practicable. I support the Bill.