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

Debate between Lord Northbrook and Lord Strathclyde

Report stage (Hansard): House of Lords
Friday 15th March 2019 Lords Chamber

[Lord Northbrook]

My Lords, Amendment 13 is a refined version of the amendment I moved in Committee. It again suggests that once the Burns report has passed into law any excepted person will remain a Member of the House of Lords for 10, rather than 15, years after that date. Limiting the term to 10 years would help the pace of the reduction of the size of the House but would still keep the by-elections after the 10-year period. I am open to suggestion that they could cease when House of Lords reform is complete, including a review of its powers. I beg to move.

[Lord Strathclyde]

As I understand the amendment, and I am not sure I entirely understand it, my noble friend is trying to co-operate with the idea in the Burns report to reduce the total number. I have not looked at implementation or at paragraphs 29, 35, 50 and 51 of the Burns report, but I think the notion is that once the House of Lords has been reduced to a certain figure, hereditary Peers should not be part of that figure. If they leave after 10 years, however, presumably they will be replaced. I wonder whether my noble friend thinks that will help the reduction.

Earlier in the debate, a view was taken that if the overall size of the House reduced, the portion of hereditary Peers would increase. I agree. However, it would still be a lower proportion of the House than when the elections first took place in 2000 because the size of the House has increased so much. I hope the noble Lord, Lord Grocott, will find that reassuring.

--- Later in debate ---

[Lord Northbrook]

My Lords, this amendment provides—

[Lord Strathclyde]

My Lords, may I just check to which amendment my noble friend is speaking? Is it Amendment 15, in the name of my noble friend Lord Cormack, or Amendment 16 in his own name?

[Lord Strathclyde]

All right. Thank you very much.

[Lord Northbrook]

My Lords, this amendment provides that,

“future vacancies … be filled using a method which ensures that over time excepted hereditary peers are elected on a basis which retains a fair representation of hereditary peers representing Scotland”—

I am grateful to the noble Lord, Lord Adonis, as I have used the word “maintaining”—

“while over time reaching the same proportion … in relation to the total number of excepted hereditary peers as the proportion of MPs for Northern Ireland and Wales”.

I am not going into extensive detail on it, as the noble Lord, Lord Rennard, has talked about, the unfair treatment of the Irish representative Peers or the Scottish Peers. In fact, there used to be 28 Irish Peers who sat for life on the part of Ireland. However, after what I hope was my erudite exposition, at this hour I am not going to detain the House. For Scotland, 16 Scottish Peers were elected under the Act of Union, and this was maintained until 1963.

The noble Lord, Lord Thomas of Gresford, said I had missed out the situation with Wales, so that is where there is a change in the amendment. He reminded me of the Act of Union of Wales of 1542—although I question that because research for Committee revealed that there were two Acts, of 1536 and 1543, and they should really be called the Laws in Wales Acts, which has been the legal title since 1948. To qualify for by-elections, their peerage would need to have Welsh connections, with priority, as for Scotland and Ireland, being given to those who use their main residence for the purpose of claiming expenses.

This is an excellent opportunity to redress the scarcity of hereditary Northern Ireland Peers and maintain the number of elected Scottish hereditary Peers. I beg to move.