House of Lords: Membership

Lord Hill of Oareford Excerpts

Thursday 28th February 2013 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford)]

My Lords, I think that we have a good debate and that the outlines of the issues that the House will want to consider are already clear. The points that have been made very forcefully by a number of noble Lords have been well made; obviously I have heard everything that has been said. Although I recognise that I am new to this job, one issue on which I can be in little doubt about the opinions of this House is that which we have been debating today. Noble Lords have already been extremely generous—I might say unstinting—with the advice they have given me at every possible opportunity. I am glad to say that I have had a chance to discuss these issues with many noble Lords who have already spoken today and I will continue to do so in future, because I think that that is the right way to take the matter forward.

Coming new to the subject, I cannot have the great expertise and history that many noble Lords have on this matter. We have seen it again demonstrated by the noble Lord, Lord Grocott, and my noble friend Lord Tyler. These issues go back a long time. However, I do at least bring a fresh pair of eyes to some of these issues. Given that the underlying issue to which all noble Lords have referred is the size of the House, I thought that I should start by going back to look at the figures to see by how much the House has grown. This is what I found.

The House that Tony Blair inherited on taking office in 1997 had 1,067 Peers eligible to vote. Of course, that was before the removal of most of the hereditary Peers following the 1999 reform. The House that Gordon Brown inherited on taking office 10 years later in 2007 was smaller: there were 738 peers eligible to vote. As of this week, there are 761 Members of this House eligible to vote; that is 23 more than in 2007. We have had some discussion about the proportion and size of the number who have been introduced, so I looked at the numbers for the Conservative, Liberal Democrat, Labour and Cross-Bench Peers in particular. In 2007, 698 Members sat on those Benches and were eligible to vote. I accept that the equivalent figure today is higher: today it is 704, which is six more than in 2007. Those figures come from the House of Lords Library note of 27 June 2012; for this week’s figures, I consulted the online House of Lords registry.

Given that the overall number of Peers eligible to vote is not so different from five or six years ago, that brings me naturally to the important question raised by the noble Lord, Lord Hunt of Kings Heath, about the exercise of restraint in new appointments to the House, which is referred to both in his amendment and in my noble friend Lord Steel’s Motion.

[Lord Brooke of Alverthorpe]

My Lords, would the noble Lord be kind enough to give us the details of the average attendances from 1997?

[Lord Hill of Oareford]

I am coming on to talking about attendance and participation, which I recognise as an important issue. As far as the exercise of restraint is concerned, the amendment of the noble Lord, Lord Hunt of Kings Heath, refers to the Leader’s Group recommendation on the creation of new Members of this House. That read:

“Whilst we cannot recommend that there should be a moratorium on new appointments to the House—since, while the purpose of the House is to provide expertise, we must ensure that that expertise is refreshed and kept up to date”—

a point, I think, on which all noble Lords agree—

“we do urge that restraint should be exercised by all concerned in the recommendation of new appointments the House, until such time as debate over the size of membership is conclusively determined”.

I would argue that this recommendation has been followed and that the Prime Minister has indeed shown restraint. Since the well publicised lists of May and November 2010, a total of eight new peers have been created, six of them on the Cross Benches; 42 life peers have, sadly, died. I suggest, therefore, that the Prime Minister’s record is consistent with the recommendation from the Leader’s Group, both in terms of exercising restraint and in ensuring that expertise is refreshed and kept up to date.

I now come to the point about which I was asked. The real issue is not so much the absolute number of those entitled to vote but attendance. Surely we all agree that attendance and participation are good things that we ought to encourage. That is one of the reasons why I am extremely keen, as a new Leader, to try to find new ways to help a wider range of Members to play a greater role in this House. That is why, as an early priority, I shortly plan to put proposals to the Procedure Committee that will provide more time and opportunities for Back-Bench Members to lead debates. My intention is to build on the work of my noble friend Lord Strathclyde, who, with the support of the Liaison Committee and the House, initiated a modest expansion in our Select Committee activity to include more pre-legislative and post-legislative scrutiny as well as a greater emphasis on single-session committees. I am keen to do that in order to ensure that a wider range of Members have the opportunity to serve on our Select Committees.

Noble Lords have raised the matter of Question Time. I welcome the fact that the Procedure Committee is due to come forward with some revised proposals on how we might make it easier for a wider range of Members to table Oral Questions. There is also the question of how we might encourage more Members to come in on supplementary questions and broaden participation. I am acutely conscious of how crowded the Chamber is during Question Time, just as it is at PMQs in another place. When you spend as much time as I now have the pleasure to do in your Lordships’ House, it is clear that, at other times of the day, this House is not as crowded as it is during Question Time.

As well as talking about the need for restraint, the amendment of the noble Lord, Lord Hunt, reiterated the support of this House for the proposals in the Bill introduced by my noble friend Lord Steel of Aikwood. Indeed, the House has already made its position clear. We passed the Bill without a Division and sent it to the other place last summer. It contains measures which my noble friend Lord Steel described as “housekeeping” and for which it is clear that there is widespread support in this House. I know that my noble friend is keen that the Government should take the Bill forward. As he said, he made his case directly to the Deputy Prime Minister earlier this week; he was the right person to talk to, as he is the Cabinet Minister responsible for this matter. Despite that, the Government’s position remains that we do not wish to facilitate the passage of the Bill. I understand that the Deputy Prime Minister made clear why that is the case. As my noble friend Lord Tyler said, it is because the House of Commons voted overwhelmingly last year in favour of an elected House of Lords. With that in mind, no Government could credibly support a package of measures that could be perceived as anointing an all-appointed House.

[Baroness Hayman]

I am grateful to the noble Lord. I find this a confusing argument. If the will of the House of Commons was so clear and unambiguous, why are we not now spending our time debating the House of Lords Reform Bill? The fact is that the House of Commons purported to will the ends but refused to will the means. If you do not will the parliamentary time, you do not will the statute. I suggest to the noble Lord the Leader that the view of the House of Commons was not quite as unambiguously in favour of an elected House as he suggested.

[Lord Hill of Oareford]

Clearly I take the point made by the noble Baroness, Lady Hayman, that there was a difference between the extremely clear view expressed—a 71% majority in favour in principle of an elected House—and what happened. As she said, when push came to shove some of the consequences of an elected House, such as the issue about the balance of powers between the two Chambers and so on, perhaps became less compelling. However, that was the situation and the Government have made it clear that they will not bring forward further legislation to reform the House in what remains of this Parliament. This position was welcomed by many in the House.

[Lord Reid of Cardowan]

I am keen to preserve the spirit of consensus that my noble friend Lord Hunt generated. However, with respect to the Leader of the House, who I hope will be engaging in discussions with the Government and other authorities, the question of legitimacy that he raised—that it would not be legitimate when something had been done to appear to do the opposite subsequently—must be truly addressed. Does he recognise that not only was the idea of proportionality lost in the proposals for this House but it was previously rejected under this Administration by the country in the referendum on the alternative vote system? Given that there is an apparent consistency about the legitimacy of the processes and non-contradiction, will the Leader assure us that, given the fact that proportionality has been rejected by the country in an overwhelming vote and then lost during the proposals for reform of the House of Lords, the idea of proportionality through appointment to this House will not be pursued?

[Lord Hill of Oareford]

On the point about proportionality, the noble Lord will know that in the coalition document, the parties set out their position—although, as I argued earlier when I referred to the exercise of restraint, progress towards that form of words has not been put into effect in the same way. I agree with him about the importance of this being a consensual debate. I do not seek to make it political.

[Lord Richard]

My Lords—

[Lord Hill of Oareford]

Perhaps I may just finish this point. As things stand, it is clearly the case that the proportion of Labour Peers in this House is greater than was the case in the popular vote at the general election. It has not been the case since then, in 2010 or subsequently, that the Government have sought to redress the balance in a dramatic way. As we heard, many new Labour Peers were created. Therefore, I hope that restraint and the measured way in which the Government have proceeded with new appointments have provided the noble Lord with some reassurance. We are not saying that we rule out the measures that the Bill in the name of the noble Lord, Lord Steel, seeks to enact. We are saying that they should be considered in their proper context as part of a wider reform of the House.

If I may, I will say something briefly about the effectiveness of the measures proposed in the Bill to substantially reduce the number of Members who attend this House each day. This point was made by the noble Lord, Lord Laming. In other words, would my noble friend’s Bill tackle the problem of size that it seeks to address? There has been mention already about the non-statutory, voluntary retirement scheme that has been put in place. Two Peers have taken advantage of it. Therefore, there must be some reason for the reticence of Members in volunteering for retirement. I am not personally persuaded that making the scheme statutory would overcome that reticence. Some supporters of my noble friend’s measures suggest that some kind of payment might help overcome this reticence. I should make clear, as I have done before, that the Government do not support making taxpayers’ money available to Members of the House to encourage them to retire. That would be wrong, and it would be seen to be wrong. I am glad to hear that my view on this is shared by all groups and all parties.

On excluding infrequent attendees, I say that those Peers currently put no pressure on the Benches at Question Time. If pressure is to be reduced, the people who need to retire are those who attend, not those who do not. I agree strongly that criminals should be excluded, but, unless there is a grand conspiracy in the House of which I am currently unaware, the suggested policy would not reduce the number of those currently attending the House.

[Baroness Farrington of Ribbleton]

My Lords, as a member of the Leader’s Group under the noble Lord, Lord Hunt, and as a Whip in your Lordships’ House, I would not hazard a guess as to the number of noble Lords who would take permanent leave of absence. However, I recollect, when I was in both those roles, a number of noble Lords who attended quite regularly and with great difficulty because they felt that they had been asked to come in and serve for life. I would not dream of naming them, but some are quite regular attendees because they feel honour bound to attend because they feel that, were they to cease to attend, their expertise, which some have said they feel is a little out of date, would not be replaced in the interest of not making the House too large.

[Lord Hill of Oareford]

I understand that point. As is normally the case with the noble Baroness, it is sharp, perceptive and fair.

I am conscious that the House would like to move forward. I will say a brief word on the Motion that was moved by my noble friend Lord Steel of Aikwood and about our powers of regulation in this area. The Leader’s Group got it right when it said that it could not recommend a moratorium on new appointments to the House. That must be correct. The Life Peerages Act 1958 gives the Queen the power to create peerages for life, with the right,

“to receive writs of summons to attend the House of Lords and sit and vote therein accordingly”.

Therefore, I agree with the way that the noble Lord, Lord Hunt of Kings Heath, and my noble friend Lord Cormack approached the issue. I cannot see that our right as an individual House to self-regulate includes the power to override that Act of Parliament.

I have set out why I believe that the Motion in the name of my noble friend Lord Steel calls for much action that has already been taken, and restraint that has been exercised. I have listened to the debate and recognise clearly that Members on all sides feel very strongly about the question of size. However, I hope that the figures that I shared with the House demonstrate that some beliefs about the issue of overall size are not quite borne out by the facts.

I believe very strongly that we must do more to accommodate rising attendance and the consequent increase in demand from Members, especially newer Members, for opportunities to take part in our work. I have strong sympathy with those who are uncomfortable about Members convicted of a serious prisonable offence returning to the House. Pending primary legislation to exclude Members on those grounds, I would certainly support steps to explore measures that we ourselves might take to discourage Members in that category from taking part in the work of our House.

Those are two areas in which we can help ourselves. On the remainder, noble Lords have set out their clear views forcefully. I have attempted to set out the Government’s position. I have no doubt that our discussions, both on the Floor and elsewhere, will continue. I will certainly play my part in those. In the mean time, I hope that the noble Lord, Lord Hunt of Kings Heath, will withdraw his amendment.

[Lord Elton]

My noble friend asked for restraint. Perhaps I may suggest some restraint on the part of Her Majesty’s Government. I can think of no more appropriate opportunity to put this point. I have watched the House of Commons for a great many years. I have noticed how it changes during a Parliament. At the beginning of a Parliament, the wisdom and experience of those who have served is diluted by many who come in with their head full of theories but no understanding of what the effects would be. As we have been not promised but led to expect legislation in the next Parliament, perhaps I may ask my noble friend to exercise his greatest efforts to see that reform is not undertaken in the first two years, so that those who talk about it will know about it.

[Lord Hill of Oareford]

My Lords, I am always in favour of people knowing about the things that they are talking about. I always listen with great care to what my noble friend Lord Elton says.

[Lord Hunt of Kings Heath]

My Lords, I shall respond very briefly. I welcome the willingness of the Leader of the House to seek advice from Members of your Lordships’ House. He is a fresh pair of eyes and we very much look forward to working with him. I also very much support his work in trying to encourage Members who perhaps are not as active as possible to participate more in the future. Ultimately, though, I was disappointed with his response. He started to trade statistics and there always seems to be a risk in doing so. My general conclusion is that whatever Government are in power, in general and over time that governing party will tend to see an increase in the number of seats they hold in the House of Lords. I certainly agree that we need fresh blood form time to time, and I actually agree that restraint has been shown so far. As the noble Lord, Lord Elton, said, the issue is the future. The rumours which have been around this House for quite a long time now are that the Government want to make a very large number of new appointments in the next few weeks or months. Above all, I hope that the noble Lord will consider this. The plea of restraint is very much directed at those future appointments.

The noble Lord, Lord Cormack, and the noble Baroness, Lady Hayman, helpfully reminded the House of my own views on Lords reform. I was hoping that my noble friends behind me might forget that, but they are right—I have consistently voted in favour of an elected House. However, the Leader of the House essentially says that because the Commons voted at Second Reading for Mr Clegg’s Bill, that means that it would be wrong to put to them proposals for incremental housekeeping. As someone who favours an elected House I strongly refute that. First of all, that Bill did not go through. Secondly, under the proposals of Mr Clegg, or indeed those of my right honourable friend Mr Straw, if a party pledged an elected House of Lords and that party came into power in 2015, the first element of elected Members would not come to your Lordships’ House before 2020. That is seven years away. For the Leader of the House to say that no useful housekeeping or incremental change can take place before that moment is a matter of regret. I think that is the implication of what he said.

I do not think that we can wait. We need to indicate to the Government that sensible change ought to happen as soon as possible and say that we very much hope that restraint will be exercised in the appointment of new Members. It is important that the House has a way of indicating its support for those intentions, so I will put this to the vote.