(1 week, 6 days ago)
Lords ChamberMy Lords, I echo the praise that has been directed to my noble friend Lord Brady of Altrincham for his fine maiden, and to the noble Baroness, Lady Quin, who grew up in Whitley Bay. I am very grateful to have had the opportunity during our overlapping time in this House for the sort of cross-party friendship that so many people have spoken about in today’s debate, and I will always fondly remember being serenaded by the noble Baroness on the Northumbrian smallpipes in the River Room during the last Parliament.
I have seen the future, and it is the Football Governance Bill. We are presently debating that Bill in Committee. Now is not the time or place to talk about its merits, although I note that we were supposed to be in Committee on it again today until the Government asked us to make way for this debate. What is pertinent today is the way that our work and scrutiny have been characterised. We have had only four days of Committee: nowhere close to the 10 days we spent on what became the Online Safety Act or the 15 on what became the Levelling-up and Regeneration Act.
However, the Government have already been crying foul, rather in the manner of a footballer clutching his leg and writhing around in agony on the pitch. We have been told off for tabling too many amendments, even though 46% of them—more than 150—have come from the Government’s own Back Benches. The Secretary of State has told us to get a move on and last week at Business Questions, the Leader of the House of Commons said that Members of your Lordships’ House needed to “pipe down”. I know that the Lord Privy Seal takes her responsibilities and duties to this House very seriously and I hope she will ask her right honourable friends in another place to correct the record on that matter. I say that not to get it off my chest but because I fear it reveals rather more about the present Government’s attitude to your Lordships’ House than they realise.
All Governments find Parliament a bit of a nuisance; that is the purpose of Parliament. However, this Government, with their huge majority in one House, are seeking to remove 92 Members, only four of its own allegiance, from the other. The problem with debates about the House of Lords is that they are usually fixated on process rather than function: how people get here, rather than how they work when they do. That is the problem with this Bill as well. It says nothing about how your Lordships’ House ought to function, its role in our bicameral system, or even how future Members ought to be selected: it merely seeks to remove 92 of our number. Such a removal will leave us a less effective and less assertive House, and I fear that might be in part the Government’s aim—or at least a corollary with which they are not unduly concerned.
This Bill is not about ending the right to inherit a place in Parliament. As my noble friends have said, that was achieved a quarter of a century ago. The deal that was made at that time to allow a small number to remain, by virtue of election and not of inheritance, was as surety: a reminder to finish the job properly. This Bill breaks that deal and does not rise to the challenge that reflects it. It will leave us with a House, as the noble Earl, Lord Kinnoull, rightly highlighted, whose Members are entirely selected by the Prime Minister, with no limit on the number he can appoint, no statutory process for him to follow, and not even any of the sensible guidance that the noble Lord, Lord Burns, pointed out in his contribution.
I am proud to have worked for a Prime Minister who exercised her power of nomination judiciously and with restraint, but, if we are to become a House of prime ministerial patronage, there ought to be checks on that unbridled power. There could be an annual limit. We could separate the granting of a peerage from a seat in the legislature, as the noble Lord, Lord Foulkes, has just said. In particular, we need a better process for deciding which former members of the judiciary are awarded a place in this House. If they do not inherit one with the job, as they used to, there will be dangers in allowing politicians to pick which judges they wish to favour. The same could be said of police commissioners, chiefs of the defence staff, senior civil servants and so many more. Careful thought is needed.
It is the work of this House to think carefully about the legislation placed before us. We respect the democratic mandate of another place, although I have listened with interest to the comments about one Parliament not binding another and wonder why, if an undertaking to the seventh Marquess of Salisbury is no longer to be honoured, one made to the fifth Marquess should continue to be observed. It is our duty to caution and give counsel. That is all the more important in the present Parliament. More than half of the current House of Commons were elected for the first time this summer. They have sat for just 62 days. Most MPs have not yet had a chance to see our bicameral system at work. They have never experienced ping-pong or seen how alliances across all parties, working between both Houses, can make our laws better. I wonder how many have stood at the Bar of the House and listened to our debates. I wonder how many have met a hereditary Peer. We are well within our rights to encourage them to think more deeply about the profound constitutional questions that this Bill leaves unanswered.
In the end, the Government will get their football Bill. I dare say they will get this Bill as well. But we must not shirk our duty to ensure that these and all other Bills put before us are properly considered and made better in the modest, careful and patriotic way that your Lordships’ House has been doing for more than 800 years.