House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Monday 10th March 2025 Lords Chamber

Really? That is the greatest lie from those who want to foist their unworkable ideas on us. The total cost for Peers in the House of Lords last year was a mere £22.1 million, so we are cheap at the price. Our current system is five times cheaper than any proposed new elected Lords Chamber. When the public are told that, as well as the consequences of what an elected Chamber would be—another bunch of party politicians, no different from the Commons—they would overwhelmingly vote down an elected Lords, as we should Amendment 11. I beg to move Amendment 11A.

[Lord Strathclyde (Con)]

My Lords, I have signed the amendment in the name of the noble Lord, Lord Newby, but I really enjoyed listening to my noble friend Lord Blencathra, who raised many sensible points. The noble Lord, Lord Newby, did not quite give the case for a democratic House as much justice as it deserved. I am sorry to see that most of his Benches seem to be relatively deserted. On the whole, his party has not turned out to support him as ably as I will now try to do.

It is interesting that today we very much turn to a new phase of discussion of the Bill. Last week, we discussed the issue of heredity and whether to fling out certain Peers. I think the Committee broadly agreed, overwhelmingly, that heredity was no longer an acceptable way of choosing a House of Parliament, but there was substantial disagreement about transitionary arrangements, grandfather rights and creating life Peers. No doubt we will return to those at length when we meet again and discuss those amendments on Report.

When discussing a democratic mandate for this House, it is always worth having a look at history—what my noble friend called the institutional memory. I do not think that any of us can go back to 1911, which may not have been the first time that democracy was discussed for this House, but it is a key point because it led to a statute of Parliament which fundamentally reassessed the relationship between the two Houses.

What is important about the 1911 Act is its preamble. I will not quote it exactly, but it said that we should substitute the House of Lords for a Chamber constituted on a popular, instead of a hereditary, basis. That was in 1911 and here we are in 2025, and we are no further to getting that. In the 1920s, after the First World War and the devastation it produced, several commissions looked at the case for an elected House, which came to nothing. In the 1930s, there were other matters. In the 1940s, there was of course the Second World War.

The extraordinary Parliament in 1945, with all those radical Labour policies under Attlee, did so much. Of course, with only a few handfuls of Labour Peers, that Labour Government managed to pass everything they wanted to through this House, which goes to the nub of my noble friend Lord Blencathra’s argument that convention plays an important part in the relationship between these two Houses of Parliament. However, I am not entirely sure that my noble friend was quite so keen on those kinds of conventions existing. They were very powerful in the 1940s, and they are still powerful now.

In the 1950s, there was the introduction of the Life Peerages Act which, at a stroke, fundamentally changed how this House was viewed and injected a good deal of new blood into it. That is what has kept us going ever since. But the dream of democracy did not quite die. Lord Longford introduced a Bill in 1968. That Bill was talked out in the House of Commons by two MPs: Enoch Powell and Michael Foot. They decided that the reason there could not be a democratic mandate for the House of Lords is that it would compete with the House of Lords, and that level of competition was completely unacceptable. The noble Baroness is trying to intervene.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

I only wanted to correct the noble Lord. He said that they could not have an elected second Chamber as it would compete with the House of Lords; I think he meant the House of Commons. He just misspoke—that was all.

[Lord Strathclyde (Con)]

I thank the noble Baroness for putting me right.

[Baroness Smith of Basildon (Lab)]

I just proved I was listening.

[Lord Strathclyde (Con)]

Anyway, that took us to 1998-99 and the promise in the 1997 Blairite manifesto that there would be a democratic reform. Here we are, 28 years after that, and there is no further movement at all. At the beginning of the century, there were various royal commissions and White Papers, which came up in favour of a more democratic House, but none was pushed forward. I think Prime Minister Gordon Brown had an attempt in 2009-10 at a democratic House. But it was not until the Government of my noble friend Lord Cameron that we saw the introduction into Parliament of a Bill for real democratic mandate—an 80:20 elected House—and the noble Lord, Lord Newby, explained very well what happened to that.

It is worth pointing out in this debate about the democratic mandate that the amendment I have signed is not for an 80:20 elected House; it is for a 100% elected House. That would mean that the House would lose the benefit of the Cross Benches. I think having 20% unelected is extremely important. The Cross-Benchers bring something to this House which no democratic mandate would be able to do. You just have to look at the Cross Benches for an example: former judges, trade unionists, businesspeople, churchmen, archbishops, and so on. They would never dream of standing for an election, but they bring their knowledge and experience to bear to the workings of this House and legislation, which is extremely effective. I am in favour of an 80% elected House, not a 100% elected House.

Secondly, the noble Lord, Lord Newby, made the case for a directly elected House. I wonder whether it is worth considering, and whether the noble Lord has considered, that, given the enormous changes in devolution over the last 25 years in our major cities and, of course, in Scotland, Wales and Northern Ireland, there may be a case for looking at the capacity of this House to accept some form of indirectly elected Members, which would perhaps go to stopping what my noble friend Lord Blencathra regarded as too strong a democratic mandate that would challenge the House of Commons.

--- Later in debate ---

That comes back to my wider comments: as I said, his party’s support for this has been well known, as has that of the party of the noble Baroness, Lady Smith of Llanfaes, Plaid Cymru. I am interested to see that the noble Lord, Lord Strathclyde, and other noble Lords are enthusiastic supporters and transferred their allegiance to an elected second Chamber. It may put them at odds with their party, but I am sure the noble Lord, Lord Newby, welcomes their support.

[Lord Strathclyde (Con)]

My Lords—

[Baroness Smith of Basildon (Lab)]

No, I will not take an intervention. I have listened to everybody with great courtesy throughout the whole debate. Would the noble Lord mind letting me answer the questions?

[Lord Strathclyde (Con)]

My Lords—

[Baroness Smith of Basildon (Lab)]

I shall take one short intervention. I am sure the noble Lord would not want to detain the Committee any longer than necessary.

--- Later in debate ---

[Lord Strathclyde (Con)]

My Lords, I intervene simply to say that I have long been a supporter of an elected House, as many noble Lords are aware—certainly since 1997. I am on the public record. I supported the Bill in 2012.

[Baroness Smith of Basildon (Lab)]

I am happy to be corrected on that, and I am sure noble Lords will welcome his support.

I found Amendments 11A and 11B from the noble Lord, Lord Blencathra, really interesting. Amendment 11A seeks to impose a requirement on the Government to include in its consultation

“the implications of securing a democratic mandate for the House of Lords for its powers and conventions”.

The interesting thing about his amendments is that he was the first in the debate to talk about the functions of a second Chamber rather than the form. Other noble Lords then commented on that, but he was the first and he did so in some detail. My starting point on a second Chamber has always been: what does it do, how does it do it, why does it do it, and how do we best fulfil the role? I was pleased that some noble Lords mentioned the role of the Cross-Benchers, because we all welcome that role, and I think the public would too if they were asked. However, the noble Lord would also require a referendum on the principle of an elected second Chamber. If I understood him correctly, if that principle was endorsed it would have to be followed by a further referendum on the methods of election.

The noble Baroness, Lady Smith, spoke significantly more widely than her amendment, which seeks to place a duty on the Government to lay before Parliament a review of the implications of Act for the appropriateness of an unelected Chamber. She complained that she could not get the functions into her amendment, but the noble Lord, Lord Grocott, expressed surprise at how wide amendments could go on membership when the terms of the Bill are so narrow. But that is the ruling we have: anything to do with membership of the House is seen to be in order, which leads to quite a broad approach.

Underlying all those amendments is the argument that further reform of this House is required. I welcome that, because although this Bill is narrow and noble Lords have commented on the next steps, the Labour Party’s manifesto was clear. I am surprised that noble Lords seem so surprised. The manifesto talks about the steps. It says—I think the noble Lord, Lord True, read this out—that we are committed to replacing the Chamber we have now with

“an alternative second Chamber that is more representative of the nations and regions”,

and that we

“will consult on proposals seeking the input of the … public”.

The noble Lord, Lord True, seems to expect me to have a ready-made proposal to bring forward. I do not; this is a longer-term proposal, and I would have thought noble Lords would welcome the opportunity to have an input into it, which, obviously, they will have. There is a range of proposals. We have already heard today that even those who support an elected second Chamber have a range of ways they would do it, so there is no ready-made blueprint: there are lots of thoughts and suggestions, and we have put forward suggestions in the past, but we want to consult more widely. That is a manifesto commitment.

However, as I think the noble Lord, Lord Newby, said himself, this Bill is not the right vehicle for delivering that proposal and we would not accept those amendments. This is a focused Bill that seeks to deliver the manifesto commitment by removing the right of the remaining hereditary Peers to sit and vote in the House of Lords. I remind noble Lords that that principle was established 25 years ago. This is the final part of that principle. My noble friend Lord Grocott seemed surprised this has taken so long and asked why people had made interventions on a range of other issues. This is a focused Bill on immediate reform, following the principle established 25 years ago.

We heard quite a lot about the history of different parts of legislation. The proposals that matter at the moment are those in our manifesto that we are delivering with this Bill, but the Government are committed to more fundamental reform, as I have said. More geographical representation is clearly part of that.

I come back to the amendments from the noble Lord, Lord Blencathra. I also thought that the noble Lord, Lord Brady, made a thoughtful speech. I know the noble Lord, Lord Blencathra, was not proposing an elected second Chamber, but the primacy of the first Chamber is about its elected status. It is accountable to the electorate. If I understood the noble Lord, Lord True, correctly, he thought this Chamber should have a more enhanced role because we have been here longer and have more expertise. You could also argue that an elected Chamber is more in touch with the electorate who have more recently elected them. That is a very important principle.

The noble Lord, Lord Blencathra, raised a number of points to be considered during a consultation on the form an alternative second Chamber should take. One point, of course, is primacy. I am intrigued by the idea that we could have a Prime Minister in a second Chamber; I will not apply for any such role. The noble Lord made an important point about the conventions that apply to an unelected second Chamber. Those conventions have stood the test of time through many changes, and they remain. They serve this House, the primary Chamber and democracy well. I anticipate no change to those conventions; it would be a different kind of Chamber if we did not abide by them. The hereditary Peers leaving in 1999 did not alter the conventions, and it will not alter the conventions now either. It is those conventions that protect the primacy of the Commons, which is extremely important.

These issues are not for your Lordships’ House today in this Bill. The Government are making an immediate start to reform this House with this Bill. Part of the reason why there has been no progress over the past 25 years is this argument that nothing can be done until everything is done. But nobody can agree, even in the debate we have had today, on what “everything” is and the result is that we do nothing. Completing this part of the reform shows good faith and good intentions.

The noble Lord, Lord True, tempted me on a number of points, and I want to challenge him on one. He referred to the exit of some Peers—that is, losing our hereditary colleagues—as being some kind of political attack because it affects the numbers. I ask him: did he feel the same when his party racked up appointment after appointment, creating a much larger disparity between the two main parties than we have ever seen before or than would happen under this Bill? What he suggested is not our intention. I have been very clear in Committee, as well as in Select Committee and in the other place, that this House works well with roughly equal numbers between government and opposition parties—and that is not a party-political point at all. Because of the work we do, we should be a more deliberative and engaged Chamber. The noble Lord is laughing at me, and I am not quite sure why; I am making a serious point about how this House works best. It is important that we do our best work and that we figure out how we can do that.