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

Debate between Lord Rennard and Lord Foulkes of Cumnock

Committee: 1st sitting (Hansard): House of Lords
Friday 23rd November 2018 Grand Committee

[Lord Foulkes of Cumnock (Lab)]

My Lords, if I was still in another place and not here, I would ask the person chairing the Committee how this amendment is allowable. The purpose of the Bill is to:

“Amend the House of Lords Act 1999 so as to abolish the system of by-elections for hereditary peers”.


It does not go beyond that. However, this amendment goes way beyond that.

As I understand it, because of the crazy procedure in this place, the chair has almost no powers, so perhaps I may ask the Minister, who has been referred to on many occasions by the proposer of this amendment, how on earth these amendments are allowable. It is crazy. Is there no answer?

[Lord Rennard]

My Lords, the noble Lord, Lord Foulkes, is right about the nature of this amendment. There is a simple test to compare an amendment as against a filibuster: this is a one-page Bill in total and yet the amendment runs to nine pages. A nine-page amendment to a one-page Bill is not an amendment to make a small change to improve the legislation but an attempt at a filibuster. A definition of a filibuster is:

“A filibuster is a political procedure where one or more members of parliament or congress debate a proposed piece of legislation so as to delay or entirely prevent a decision being made on the proposal”.

[Lord Foulkes of Cumnock]

The noble Lord is right about filibuster—I like filibusters on occasions. I could put down an amendment within the terms of the House of Lords Act 1999 so as to abolish the system of by-elections for hereditary peers and I could filibuster on a perfectly proper amendment which changes a word or whatever. That is allowable. However, as I know the noble Lord, Lord Rennard, is a constitutional expert, perhaps he can tell me how these amendments—which are clearly not within the terms of the title of the Bill—are allowable. I must have a word with the Clerk of the Parliaments—I am having a lot of words with him at the moment but I will have another one—to find out why on earth these things are allowed.

[Lord Rennard]

I ask exactly the same question as the noble Lord, Lord Foulkes, and I agree with the point that he is making. There is a strong case for putting the House of Lords Appointments Commission on a proper statutory basis. That was one of the four proposals in the House of Lords Reform Bill, which became known as the Steel Bill—one of the many sensible proposals—but it was effectively blocked because of a flurry of hundreds of amendments in the name of the noble Lord, Lord Trefgarne, tabled the day before that Bill was to be considered in the House of Lords. That is the reason it did not happen or make progress. Those people who prevented the House of Lords Appointments Commission being put on a statutory basis are now suggesting that we need to debate putting the House of Lords Appointments Commission on a statutory basis. The text is simply to prevent us making a sensible, modest reform to bring an end to the hereditary by-elections. We need to end those by-elections because if we do not make a contribution from the hereditary element towards a reduction in the size of the House, we will increase the proportion of Members of the House who will be here by virtue of the hereditary position, as opposed to at least being appointed by the Appointments Commission or by elected party leaders.