House of Lords (Hereditary Peers) Bill

Lord Moylan Excerpts

Committee stage
Tuesday 1st April 2025 Lords Chamber

Moved by

[Lord Moylan]

104: Clause 4, page 2, line 16, leave out from “force” to end of line 19 and insert “on the day after the Secretary of State has—
(a) issued a document for public consultation containing proposals for ensuring the membership of the House of Lords is more representative of the regions and nations, and(b) published a draft Bill giving effect to those changes.”Member's explanatory statement
This amendment makes the commencement of the Bill subject to the prior issuance of a consultation document and draft legislation on the representation of the regions and nations in the House of Lords. It makes subsection (4) otiose.

[Lord Moylan (Con)]

My Lords, we come now to a group of amendments which deal with second-stage reform. I feel it incumbent on me, therefore, to start by tackling directly the remarks of the noble Lord, Lord Grocott, in the last group where he suggested— I hope I am not misrepresenting him—that noble Lords on this side of the House who advocated for further reform beyond this Bill were either acting in bad faith or at least inconsistently in that they had not been calling for that reform before today.

I think that charge is easily understood. I can entirely understand why the noble Lord might reach that view, and it needs to be answered before we go ahead. The only answer I can offer is to some extent a repeat of remarks I made on an earlier day in Committee that, when you change one part of a complicated machine, other parts of it also change and need to be re-evaluated. As I have said perhaps twice, to turn this House into an entirely appointed House makes it ridiculous in the 21st century in a democracy.

Therefore, one is forced to think by this measure—there is nothing wrong with it—about what the future might be, and we may reach different views. However, it does not mean to say that because we have not articulated them before we are behaving inconsistently or in bad faith. I hope that gives some reassurance to the noble Lord, Lord Grocott, that we are taking these issues very seriously.

I shall speak only briefly to my own amendment and allow other noble Lords to speak to their amendments in this group. My own is in some ways the simplest. It looks forward to what we refer to as second-stage reform but really there are three stages of reform in the programme indicated by the Lord Privy Seal: this Bill; the other measures in the Labour Party manifesto which I regard as being under the heading “immediate” but she believes should follow, presumably, reasonably soon; and then the further commitment, which is clearly separate in time in the manifesto, to consult on altering the House of Lords so as to give more representation to the regions and nations.

My amendment simply says that the Bill should proceed only when the Government have issued that consultation document. They are committed to consultation and, presumably, the consultation begins formally with a consultation document that would contain options and questions and so forth—it is not necessarily a firm commitment—together with a draft Bill, which might have alternative sections in it reflecting that consultation document. It would show earnest on the part of the Front Bench that there really is going to be change, that the rest of their manifesto is not a hollow shell and that we are not simply going to be left, as so many of us suspect and fear, with the reform in this Bill and then nothing else to follow.

This is opening a door for the Front Bench to say, “Yes, we are serious about our manifesto, and we believe that these documents should be issued and be there for public scrutiny. The process will start—not conclude—before the Bill commences”. This is a very modest ask of the Government and I hope that the Lord Privy Seal would find herself able to show her earnest by agreeing to it. I beg to move.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, I must inform the Committee that if Amendment 104 is agreed to, I cannot call Amendments 105 to 110 by reason of pre-emption.

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

My Lords, it is a theme we have discussed which regularly goes beyond hereditary Peers. I understand the point the noble Lord has made. The Committee has been useful. I would not have expected the debate to range so widely, given that it was quite clear in the manifesto that there were three stages here—the first being immediate reform to hereditary Peers; the next being to talk about participation, retirement, HOLAC and things such as the citations that we now have for people, which have already been put into place without needing any legislation. We will see more issues coming forward on the kind of things that we can do. Though it was unexpected, the scope of the amendments has been rather wide.

It has been useful—I think the noble Viscount, Lord Trenchard, would agree if he was listening—if unexpected, because I had not realised quite the degree of interest and concern from noble Lords, and support for bringing forward the other issues on participation and retirement. I think that helps us move things forward. It was unexpected and at times frustrating but it has been very helpful. I am grateful to noble Lords for that.

However, these amendments go further than I would be willing to accept because they all make the progress of the Bill towards Royal Assent conditional on certain actions being taken. That would be a rather unusual step for this House to take. The objection is not that further reforms should not happen—noble Lords will know from conversations I have had with them that I am committed to that, and our manifesto committed to it. There was support from around the House, which had not been forthcoming before, so I was very encouraged by that. But it should not be conditional on the Bill.

The reason why this part came forward—I feel as if I am repeating myself, but it has happened before and it will happen again, and I am not the only one—is the principle established over 25 years ago on hereditary Peers. We signalled this part of legislation several times beforehand—I will repeat myself—but we offered support to get my noble friend Lord Grocott’s Bill through; that was rejected and we said this would happen, and here we are now.

I had not realised how much support there was around the House for the other issues, so we can look at that and, I hope, bring things back some time soon. So this is the immediate reform and it can happen separately, prior to other reform.

The noble Lord, Lord Northbrook, made proposals for a draft Bill along the lines of the Wakeham commission’s findings. I had not heard him speak so often or so eloquently on Lords reforms before this Bill, so I am grateful to him for doing so. The Wakeman commission was in 2002. That does not mean that some of those proposals are not still relevant and cannot be considered, but it was a long time ago and things change, as he will know. But I am grateful to him for his interest in that, which I had not appreciated before this Bill. I look forward to working with him and others on that as we go forward.

I say to the noble Lord, Lord Hacking, I think his memory is slightly remiss on this one. It was, in fact, in November that the Bill got Royal Assent, and it happened so quickly then—I think this was the point that the noble Baroness, Lady Hayter, made earlier—because we had Royal Assent towards the end of the Session.

The noble Lord, Lord Newby, had concerns about this. When he raised this point previously it was almost as if—to coin a famous Tony Blair phrase from a Labour Party conference some years ago—Members heard the sound of pennies dropping. I got the impression that many noble Lords thought that it would be preferable if this House came to an arrangement or to a broad consensus on participation and retirement rather than having legislation on it. I am happy about either. I would like to find a way forward to get some consensus, if that is possible. It may be that legislation has to follow that, or that there will be legislation if there is no consensus. As I say, this is how I would have preferred to deal with this issue had we been in government sooner, but as Leader of the Opposition I made it clear that it was my view that, if the House can come to a consensus and arrangement on how we do things—I hope to be able to talk more about the process—then I would be happy to do so. As I say, I am greatly encouraged, even by noble Lords who have never previously spoken on or shown any interest in Lords reform, that there is a different mood now, and I think Members want to look at this issue.

I want to correct the noble Lord, Lord Newby: the proposals in the Labour Party manifesto were not for an elected second Chamber. It was not so specific. It talked about “alternative” arrangements for a second Chamber, and that would be for consultation. I know some noble Lords from across the House would prefer an elected Chamber, while others prefer other arrangements.

On my own view, I must admit that I am nervous. The noble Viscount, Lord Hailsham, has said that he thought we should challenge the House of Commons more, and that greater democracy in this Chamber would make us challenge the House of Commons more. I still think of the House of Commons as the primary, elected Chamber. There is a different role for your Lordships’ House, which brings me to the point that the noble Lord, Lord Hamilton, raised, in a rare moment of agreement between us: we have to look at the function of a second Chamber before we move forward too quickly on the arrangements for a fully reformed second Chamber.

There is a debate to be had about that, which is why our manifesto talks about engaging and consulting, including with the public, to do so. It is right to give that careful consideration. We have a proposal before us. I do not think that the commencement of the Bill should be conditional on any of the measures before us, so I ask that noble Lords do not press their amendments.

[Lord Moylan (Con)]

My Lords, I am grateful to all noble Lords who spoke in this short debate. All of them were excellent, but I will comment in particular on the speech by the noble Lord, Lord Newby, which I found very interesting and hopeful, in many ways. He is right that many of the measures in the Labour Party manifesto, which many of us are asking to see brought forward, at the very least for debate, would be better dealt with in and through your Lordships’ House than by means of legislation. Indeed, that would make it easier for the Front Bench to bring them forward in a prompt and timely manner. He also opened the door—as did my noble friend Lord True, when he spoke earlier in Committee—to discussions with the Lord Privy Seal about how to take these things forward. The great difficulty we have had so far is that there has been no substantive response to that, but I found what the noble Lord, Lord Newby, said interesting.

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Lord says that there has never been a substantive response. I can be clear that I have always said almost exactly the same words as I have said today, or paraphrased them: I have always thought that the best way is to seek consensus in this House. At the conclusion of this Bill, I would like to reach consensus in this House on other issues that we have been discussing in the manifesto, and I look forward to bringing in some proposals for how we might achieve that. It is up to the House whether it wishes to accept those or not.

[Lord Moylan (Con)]

Nothing in what the noble Baroness just said contradicted what I said. There has been no substantive response. The noble Baroness might want to proceed by consensus. That is a method of proceeding. I refer to the substance, and there has been no substantive response, despite the fact that it has been perfectly open to the Front Bench to bring forward substantive proposals, at least for discussion, so far.

There is no need for my Amendment 104—again, this relates to what the noble Lord, Lord Newby, said—to be embedded in legislation. The noble Baroness, from her years in opposition, complained that it is designed to hold up implementation of the Bill. She knows perfectly well that, to a degree, it is a contrivance to attach an amendment to a commencement clause in order to allow for a debate, but the plain words of my amendment, which are largely taken word for word from the Labour Party manifesto and include not a commitment to a democratic House but to exactly what it says in that manifesto, could be achieved by the simple expedient of the Government bringing forward exactly the consultation document they promised and exactly the draft Bill that needs to go with it, exactly as it stands in their manifesto, at a time of their choosing but in the near future, as an earnest of what they are doing so that we can see the direction in which they are going. Obviously, the need for legislation or any amendment to this Bill would then fall away, because the Government would have done what the amendment calls for.

We are to some extent going round in circles. We want to hear the Government’s programme. There is no substance to the Government’s programme. I am glad that we have flushed out that there is no substance to it. With that, all I can do is beg leave to withdraw this amendment.

Amendment 104 withdrawn.

--- Later in debate ---

[Lord Forsyth of Drumlean (Con)]

My Lords, the hour is late, so I simply want to say this: I hope that the noble Baroness the Leader of the House will take on board the very wise advice given by my noble friend Lord Young of Cookham in speaking to his amendment. He is vastly experienced, having been Leader in the other place. I think all of us, with the possible exception of the odd Conservative Whip, have much enjoyed the way in which he takes a sometimes very independent and always well-considered view of matters before the House. Notwithstanding the earlier debate, I would like to be on record as very firmly in support of what he suggested. I hope that the noble Baroness the Leader will treat that seriously in the interests of the House as a whole.

[Lord Moylan (Con)]

My Lords, other amendments in this group have a tendency to delay the date of implementation of the Bill. My Amendment 107A is neutral on that. It would remove the words relating to the end of the Session from the Bill and instead would make the implementation of the Bill dependent on a statutory instrument to be moved by the Government. To make it all the easier for the Government to accept it, I have ensured that it would be through the negative procedure, so it would be the easiest thing in the world for the Government to do. That flexibility might be of advantage to the Government; indeed, if I were them, I would seize this amendment with open hands and adopt it as my own.

Noble Lords who are hereditary Peers may think that it introduces an element of capriciousness about their fate and that they would therefore be uncertain about when they would come to the end of their term. But there is already a large degree of capriciousness and uncertainty, because the end of the Session is, of course, not a fixed date: it will be decided, in effect, by the Prime Minister, and I am sure he will decide it according to a broad range of considerations. The fate of Members of your Lordships’ House is probably quite low on that list. The Session could end at any time. Noble Lords who feel that they would somehow be losing control of events by handing this power to the Government just need to remember that the end of the Session is equally in the Government’s power. But this would give the Government a little more flexibility and allow them to have more discussions, perhaps after the Bill has passed, about an appropriate time for implementing it, so as to be able to carry noble Lords with them a little more.

[The Earl of Kinnoull (CB)]

My Lords, I spoke in November and December, and again in this Committee, about the necessity of avoiding a cliff edge when we were thinking about retirement ages. I thought it would be interesting to inform the Committee of the nature of the cliff edge for the Cross Bench and the necessity I therefore feel for considering very carefully the transitional arrangements, which this series of amendments really goes to.

In a pure sense, we would lose 18.5% of our membership—and, therefore, of the people who put in the hours in this House—upon the coming into force of this Bill. If you adjust that by taking out the people who come less than 10% of the time—the people who really are inactive—that rises to 22.5%. Without a transitional arrangement, the Bill represents quite a difficulty for the Cross Bench in trying to deliver the services we try to deliver to this House.