House of Lords Act 1999 (Amendment) Bill [HL]

Lord Rennard Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 9th December 2016 Lords Chamber

[Lord Anderson of Swansea (Lab)]

My Lords, the noble Lord, Lord True, said that the hereditary Peers are part of the awkward squad—difficult people. I would have thought that there were enough of that category all around in any event.

He said that there has not been a filibuster but how else should we construe virtually overnight putting down 59 amendments in an attempt to swamp this Bill and prevent it making any progress? Perhaps the noble Lord’s speech was short but the plethora of amendments speaks eloquently in a different direction. I wholly endorse and adopt what has been said before, particularly by the noble Lord, Lord Cormack, about reputation. There is an old legal maxim or principle—perhaps no longer said in that way—that if one seeks to define intent it is the natural consequence of one’s acts. What other intent can there be from the plethora of amendments than to effectively destroy this Bill and the reputation of the House?

I will let your Lordships into a secret. Once upon a time, I was in Whitehall for a brief and somewhat inglorious period. I recall a little department, somewhere stuck in Whitehall, the aim of which was to devise means of blocking Bills with an attempt at faint praise. Ministers were told and speeches were written on this basis: “We believe in the principle of what has been put down but now is not the time”, “Rome was not built in a day”, “We should not deal in little steps”, or “We should look at all these matters comprehensively”. I suspect that the noble Lord, Lord Trefgarne, and his friends delved into this same bran tub and will bring out a series of statements of that sort.

Yes, they are clearly against the principle of the Bill. I simply put this question to him: is he happy for this absurdity to continue indefinitely? It is an absurdity and anyone looking from outside must accept it as such. Is he content that by these spurious by-elections, the hereditaries are here by what is, of course, a game of chance—succession? On the other hand, the rest of us are here by—yes—patronage but at least there is an attempt in that patronage to choose people who in principle have a degree of merit. Many of the hereditaries indeed have merit but they may not; it is a game of chance. In my judgment, to continue with this system makes us a laughing stock. If we are serious about the reputation of the House we should wholly endorse this proposal by my noble friend Lord Grocott.

[Lord Rennard (LD)]

My Lords, I associate these Benches with the opening remarks of the noble Lords, Lord Cormack, Lord Hunt of Kings Heath and Lord Dykes, and many others who want to see progress on this Bill. We should not repeat all the arguments we had at Second Reading. Any noble Lord speaking today should endeavour to be brief—I will certainly be.

In addressing the remarks made so far, first, many of those noble Lords who speak about Lords reform accept the principle of the primacy of the House of Commons. The principle of this Bill was approved in 2010 in the then Labour Government’s Constitutional Reform and Governance Act. That received a majority in the Commons and those who are sincere in their belief in the primacy of the Commons should allow this Bill to go forward for Commons consideration.

Secondly, there was the principle about what was said in 1999 and for how many decades or centuries that should be deemed to be binding. There was a principle, which we often refer to and agree with, that no Prime Minister and no Parliament can bind their successors. So I challenge those who are trying to prevent the Bill being properly considered to say whether or not they accept that principle. There is little point in the legislative process unless you accept that you can change a previous decision of a Prime Minister or a Parliament.

The noble Lord, Lord True, suggested that this is about trying to pack the House of Lords or change its composition. He is perhaps a little sore at the moment about the position of the Liberal Democrats after the by-election in the area for which he is the council leader. But it is not realistic to suggest that the Bill is about changing the composition of the House since the power of patronage remains with the Prime Minister to appoint more Peers. On Monday a very strong will was expressed across the House that we must do something to improve our credibility and reduce our numbers overall, but there is no point taking such action unless we prevent top-ups. The first way of preventing such top-ups is by supporting the Bill.

[Lord True]

The noble Lord referred to my speech. He said that we have to prevent top-ups. A few sentences before, he said that of course the Prime Minister could appoint others to replace those who go. By his own words, the question of size is not relevant. He also said that no Parliament can bind its successors. Perhaps that is why the Liberal Democrats have been so quick to remember their policy that numbers here should reflect votes cast in the previous general election.

[Lord Rennard]

If the noble Lord accepts the principle that representation here should be reflective of votes cast in the past election, I would welcome his support for that principle in the House of Commons also.

[Lord Northbrook (Con)]

My Lords, I apologise to the Committee for being unable to take part at Second Reading. I believe the Bill is unnecessary unless part of a full stage two reform, and breaches the undertaking that has already been referred to.

Contrary to the words of the noble Lord, Lord Anderson of Swansea, I maintain that by-elections produce very capable replacement Peers, such as the noble Lords, Lord Grantchester, Lord De Mauley and Lord Ashton of Hyde, the noble Earl, Lord Cathcart, and the noble Viscount, Lord Younger, all of whom are or have been on the Front Bench of their respective parties. In addition, the number of hereditaries is capped, unlike the number of life Peers. Surely it is this that needs attention, to be included in a total package of reform, which may indeed incorporate a change to the by-election system, but that should not happen until then.

The Campaign for an Effective Second Chamber does a lot of good work but the Bill makes the Chamber much less effective.