House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

Moved by

[Lord Strathclyde]

90A: After Clause 1, insert the following new Clause—
“Election of temporal members of the House of Lords(1) In section 1(2)(b) of the Life Peerages Act 1958 (power to confer life peerages), after first “and” insert “, if elected in accordance with section (Election of temporal members of the House of Lords) of the House of Lords (Hereditary Peers) Act 2025 for a particular Parliament, to”.(2) In section 1 of the House of Lords Act 1999 (exclusion of hereditary peers), at end insert “unless they were in receipt of a writ of summons to attend the House of Lords in the Parliament in which the House of Lords (Hereditary Peers) Act 2025 came into force”. (3) Within three months of the day on which this Act comes into force, 600 peers who were in receipt of a writ of summons to attend the House of Lords in the Parliament in which this Act was passed must be elected to sit and vote in the House of Lords for the rest of that Parliament by elections conducted in accordance with standing orders of the House of Lords and the rest of this section.(4) Elections to choose 600 members of the House of Lords must be held on the first meeting of each new Parliament and those eligible to vote and stand in any such election shall be—(a) any peer who was eligible for election in the election conducted under subsection (3), and(b) any peer who has received a writ of summons under section 1(2)(b) of the Life Peerages Act 1958 since the day on which this Act comes into effect.(5) Any peer who was eligible to stand in, but was not elected in, the elections specified in subsections (3) and (4) shall be excluded from membership of the House of Lords for the rest of that Parliament, although they may be included in accordance with subsection (7) and are eligible to vote in elections and stand for election to sit in subsequent Parliaments.(6) Nothing in this section shall enable any person to attend the House of Lords, or to sit and vote in that House, at any time when disqualified under any other enactment.(7) In the event of the death, exclusion or retirement of any peer elected to sit in the elections specified in subsections (3) and (4), their place will be filled for the rest of that Parliament by the peer in their party group or, in the case of crossbench and non-affiliated peers, their group as defined under subsection (10) of this Act, who was not elected who received the highest number of votes in any list or lists of candidates for election produced by the Clerk of the Parliaments for the purpose of these elections.(8) The standing orders referred to in subsection (3) shall make provision for 480 members who are members of political parties to be elected by members of their party group in the elections mandated by this section.(9) The number of members under subsection (8) allocated for each party group must be determined by the mean share of total votes cast for each party in the previous three general elections.(10) The standing orders referred to in subsection (3) shall make provision for 120 members who are not a member of any political party (“crossbench and non-affiliated members”) to be elected by all peers described in subsection (4) of this section.(11) Should the leader of any party indicate that their party does not wish to have members in the House of Lords then the vote share of that party shall not count in the allocation provided for under subsection (9).(12) If under subsection (9) any party is entitled to a number of seats in the House of Lords which is greater than the current number of peers eligible to stand for election who are affiliated to that party, then new peerages may be created under the Life Peerages Act 1958 to provide for those places to be filled.(13) Nothing in this section shall affect the right of Lords Spiritual to attend the House of Lords, and they are not eligible to participate in the elections under this section.”

[Lord Strathclyde (Con)]

My Lords, the night is young and there is still plenty of time, so it is a real delight to move Amendment 90A in front of an audience of the Labour Party on its Benches. I have to tell noble Lords opposite that their own Front Bench has been working valiantly during the days we have spent on this Bill with near-deserted Back Benches. It has been rather depressing, in just the last few minutes, to see the Government Chief Whip going around tapping the odd folk on the shoulder and sending them home just as I was about to get to my feet and get into my stride. But that will not put me off.

This amendment is not a probing amendment; it is a helpful amendment, designed at a problem that has been haunting the House of Lords for many years. My noble friend Lord Fowler, and the noble Lords, Lord Burns and Lord Butler, have referred to it this evening in looking for imaginative ways of dealing with the issue of the numbers in the House.

At a stroke, this amendment finds the solution to that, and it does so in several ways. This is an amendment that is already in statute law in the House of Lords Act 1999. It is therefore extremely well precedented; we have demonstrated that it can work. Perhaps noble Lords who were around 25 years ago will remember that the then Convenor of the Cross Benches, Lord Weatherill, moved an amendment—which became known as the Weatherill amendment—to reduce the number of hereditary Peers to the 92 that exist at the moment. This amendment seeks to reduce the size of the whole House to some 600-odd people—the Bishops, incidentally, are supernumerary to that. It would do so by election—a well-tested method of reducing the size of the House that worked extremely well in 1999.

Tonight, I offer it up to the Committee, not just as one amendment but as three in one. It is a solution to a problem, it is already in law, and it is already well precedented. I know that the noble Baroness the Leader of the House will find the amendment very difficult to accept, but perhaps she will indicate that she finds real attraction in finding an electoral way of reducing the size of the House without relying on the kinds of formula that so many noble Lords tried to introduce in the past. I offer it to the Committee, and I very much hope that it might be brought forward in a future Bill in due course. I beg to move.

[Viscount Trenchard (Con)]

My Lords, I congratulate my noble friend Lord Strathclyde on tabling his very sensible Amendment 90A. It should find favour on all Benches because, as my noble friend said, it ticks so many boxes. It would ensure that the hereditary Peers who have sat in your Lordships’ House these 25 years have not sat in vain. We were allowed to continue to sit on the basis that stage 2 would provide some substantive reform and move the House’s composition in the direction of a popular basis, as stated in the Parliament Act 1911.

The amendment would introduce some democratic legitimacy by allocating seats according to party blocs based on the average of the number of votes cast in the last three general elections. That provision would ensure that the composition of the House provides a balance to major shifts in public opinion that result in wide disparity of seats in the House of Commons, which is elected on a first past the post basis. It would give a nod to PR, since the voting strengths are determined on the basis of the number of votes cast, ensure that your Lordships’ House provides stability, and help to avoid dramatic shifts in policy supported by the public only ephemerally.

The amendment should be supported by those of your Lordships who agree with the view of the noble Lord, Lord Burns, that the House should be reduced to 600 people. It should also be supported by those noble Lords who believe that the Bill as drafted is discriminatory, in that it treats some members of the body of Lords temporal differently from others although, for all practical purposes, there is no difference between life and hereditary Peers in terms of rights and privileges in this House. We are appointed to serve on committees or on the Front Bench without any consideration of the route by which we entered your Lordships’ House.

The amendment treats all holders of a Writ of Summons to this Parliament equally. It would result in the House enjoying greater democratic legitimacy but retain the service of those noble Lords who are more independent, and election by party groups would give preference to those who work harder and make a greater contribution. It is an excellent amendment, and I ask the noble Baroness the Leader of the House to consider it seriously.

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

My Lords, again, this is an ingenious amendment, and I congratulate the noble Lord. I am not sure whether he or the noble Lord, Lord Blencathra, wins the prize tonight, but both amendments are longer than the Bill, which is something of an achievement when drafting amendments to legislation.

On the point that the noble Lord opposite has just made, I will say something I have reiterated several times: there is a three-stage process from the manifesto. The first stage is this, which is the completion of the reform started in 1999 around hereditary Peers. The second is the issues we have debated tonight and voted on many times—they are not for this Bill but for moving forward—on issues like participation and retirement. There is not an exact timetable, but we will get clearer to that in the process as we get to Report. Then there is a longer-term objective for consultation with the wider public on an alternative second Chamber. It is not rocket science; I have been quite clear around that.

This amendment would create a House of 600 Members—and I am not sure that that figure has been raised before by the noble Lord, but I am happy to be corrected on that—we would have self-perpetuating elections by Members of this House at the beginning of each Parliament, and the only people who could vote would be Members of this House. It would also completely undermine the purpose of this Bill, because hereditary Peers would be able to take part in those elections, stand for them and vote.

The noble Lord’s proposals for future composition are interesting, but I take into account the points made by the noble Earl the Convenor. It does not address the wider issues of the House, but I know the issues that he is trying to get to. We will continue that dialogue and formalise that in due course around other issues that have been raised, and I gave a commitment to that earlier on tonight. But this amendment would undermine that dialogue and engagement, and I ask the noble Lord to withdraw it.

[Lord Strathclyde (Con)]

My Lords, I thank all noble Lords who have spoken. I can tell the noble Lord, Lord Newby, that I have not given up on the idea of an elected House, but I am a realist, and I do not think that there is much thirst for it in this House—and I am not entirely convinced that there is very much thirst for it in another place either. The fact that it did not appear in the manifesto of the Labour Party rather indicates that view. We are still relying on the preamble to the 1911 Act. I join the noble Lord, Lord Newby, in trying to encourage a long-term solution around that.

The noble Lord, Lord True, is right. At some stage we need to find a real solution. Of course, there are age limits and all sorts of other things that you can bring in, but none of those is popular either. The idea of an election works; it has been tried and tested, and I hope that, on reflection, the Leader of the House will feel that there is some purpose in this kind of amendment, which would change the whole debate about the size and numbers in the House, and keep people in who have the support of other Peers to remain in the House for the rest of their lives.

Having heard what everybody has said, I beg leave to withdraw the amendment.

Amendment 90A withdrawn.