House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, it is a pleasure to follow the noble Lord. As ever, he spoke with a lot of logic, and I agree with so much of what he said—not quite everything—as I have with so many other people.

I want to comment on only one or two issues that arose from the speech of the noble Lord, Lord True. Clearly, the genesis of this Bill goes to the very heart of the noble Lord’s amendment, but I would not want the amendment itself, which is quite narrowly drafted, to prevent the House from discussing the Bill in the round. I said at Second Reading that I thought it was important for the House to have this opportunity; House of Lords reform Bills come so rarely—as I pointed out, it is 10 years since the last one—and we need to discuss all the issues in the round. I am aware of the external pressures on the use of our time, and I would certainly like us to handle this expeditiously as we go through Committee. I will not detain noble Lords now or elsewhere in Committee.

I think the other discussions referred to by the noble Lord, Lord True, are incredibly important. It is important for the House to be able to settle its own reform package, with due regard to the Executive and to the most important document: the Government’s manifesto. I would very much like these discussions to come forward rapidly. I have been describing this as the thorn in the paw, because it is causing difficulties in all our work at the moment, and in the spirit in which we go about that work. I think everyone here would like that thorn to be drawn rapidly from the paw.

Before I move on from that topic to two final ones, I want to go on the record as citing just how open the Leader’s door has been. I have been watching it and I know how many people—over 40 at the last count—the Leader has engaged with, and the courtesy that there has been during this process. I value that a lot; it has been very helpful. Drawing the thorn from the paw is important.

The first of my two final topics relates to the propensity for Cross-Bench colleagues to retire. I thought that I should think about that, and I have had many conversations over the last two years with many Cross-Benchers. I feel it would be possible for a package of reform to set up an environment where quite a number of Cross-Benchers might want to retire. I say that knowing that our average age is 73, which is rather older than that of the House, and therefore we have quite a lot of people who are over 80 and who would, I believe, consider retiring.

The second relates to the Cross-Bench view—remember that we are sole traders—on reinforcing the conventions and dealing with the trend in ping-pong where more balls and longer rallies are being played. I have not yet met a Cross-Bencher who does not believe that reaffirming these conventions is in the interest of the Cross Bench and of the House. I think it goes to dealing with the ping-pong issue as well.

[Lord Strathclyde (Con)]

My Lords, I much enjoyed the speech of my noble friend Lord Forsyth, particularly when my name was mentioned and the noble Lord, Lord Foulkes, started murmuring on his Back Benches. What is less well known is that the noble Lord, Lord Foulkes, used to represent an important part of Strathclyde. Indeed, for many years he was my MP—some people thought it too long, but I thought it was just about right. It was a pleasure when he joined this House of Lords and long may he continue.

Less pleasurable was the speech of the noble Lord, Lord Newby, where he said there could be no consensus and no cross-party agreement. Yet I look back to 1958, when there was a consensus, and even in 1998 there was cross-party agreement to a Bill to remove nearly 90% of hereditary Peers. In 2012, in the Conservative and Liberal Democrat coalition, there was agreement on a Bill that was brought before the House of Commons. Unfortunately, that was kiboshed by the Labour Party, but there was otherwise broad cross-party agreement, as there was again in 2014 on retirement from the House of Lords—and there could be again in 2025. I say to the noble Lord, Lord Newby, that there is plenty of room for consensus and cross-party agreement on this Bill, as there has been on so many others. Nobody is trying to change everything in your Lordships’ House; we want incremental change.

I have said before that I do not much like this Bill, and I do not, but I understand the political dynamics and the motivation that brings it before us. For that reason, I repeat what my noble friends Lord Forsyth and Lord True have said, in that I accept the end of heredity as being a means of entering the House of Lords. After 800 years of hereditary Peers in this House, that era is now over and it will not return. This Bill is therefore the creation of a wholly appointed House, with those appointments in the hands of the Prime Minister, which is in itself an odd concept for a Government seeking to look modern and dispassionate. As we wave goodbye to those who were not brought here by patronage, we should spare a thought for this small part of the British constitution—around 10% of the House today—which existed through a combination of heredity and election.

The Government have a choice in bringing this Bill forward: to engage constructively with the House to find an equitable and unifying way forward or to put their heads down, listen to no one and carry on. The noble Earl, Lord Kinnoull, explained how gracious and generous the noble Baroness the Leader of the House has been in taking advice and trying to reach a consensus. We will now see what happens over the next few weeks; how the noble Baroness the Leader of the House responds will tell us how she means this debate to continue.

There is a difficult route to get the Bill onto the statute book—but there is also an easy one, with full co-operation from all parts of the House. I urge the noble Baroness to choose the latter. It will pay dividends for the reputation of this House and for all of us in the future.

My noble friend Lord True has put forward an extremely thoughtful range of suggestions on the way forward. It accepts the end of heredity. What it does not accept is the removal of some 45 Conservatives and 33 Cross-Benchers, many of whom have had years of service in this House and to numerous Governments. I suspect I am not alone when I say I find it extraordinary that the Convenor of the Cross Benches himself, chosen by the Cross-Benchers for his intelligence and calmness to represent them in the House and beyond, has not even been told or signalled, formally or informally, officially or unofficially, that he might be able to stay on. Should he lay down his burden as Convenor now or simply wait for the executioner’s blow? It seems a cruel way for the Government to carry on their business and it leaves everyone affected with a deep sense of unease and uncertainty.

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[Lord Moynihan (Con)]

I am doing precisely that by talking about the hereditary principle and the removal of the hereditaries. Both are central to what I am speaking about. I gave my experience from the point of view of a hereditary, and I am now addressing the key point about the Bill being very narrow with regard to the future of the hereditaries. My argument is simple and clear: it should be wider. My view is that by narrowing it as much as we have, it becomes a political numbers game Bill. I am much more in favour of looking at how best this House can fully scrutinise, shape and improve legislation for the Government of the day, and challenge them to think again when necessary.

The point has been made already that this House operates best through consensus, yet the much-heralded usual channels have regrettably become frayed and fractious of late. There must be a way for the leaders of the four main groupings in your Lordships’ House—the Government, the Opposition, the Liberal Democrats and, critically, the Cross-Benchers—to consider how the Government’s objective of numerical majority, for example, over His Majesty’s Opposition, with which I largely agree, can be achieved. For there is a better way to achieve the outcome that is sought in this Bill. There are many Peers, as has been mentioned, who have announced either their intention or willingness to retire, or who would do so if approached on the basis that if they remained, they would henceforth be required to participate actively in this House. The latter could be judged by criteria in a Bill which addressed minimum levels of attendance and contribution. This would also remove the sitting rights of those many life Peers who, at the time of their elevation, promised their respective leaders that they would be active in this Chamber and these Committee Rooms, but who all too soon became notable only by their absence.

So, it is possible to achieve the outcome by combining the end of the sitting rights of the hereditary peerage with the implementation of a decision to reduce the size of this House and still leave the Government with a majority over the Opposition. This solution, based on the principle of self-determination, is surely better than one which vests in the Prime Minister of the day the authority to approve each and every Member of this House, creating the worst of all worlds: a second Chamber without democratic legitimacy, built on short-term, present-day political patronage but shorn of the independence, the reputation and the authority that it currently enjoys. That is why I support this amendment.

[Lord Strathclyde (Con)]

My Lords, I think it is a little bit much for the noble Baroness to give my noble friend Lord Moynihan a hard time for making what she said was a Second Reading speech. The fact is that we had Second Reading nearly three months ago—there is no reason for the delay. Why were we not dealing with this Bill in January and February? Why has it taken so much time? I began to think that the Government had forgotten about this Bill or had changed their minds and were not taking it forward.

The noble Baroness in her reply—also a reply to a Second Reading speech—did not really look at the merits of the amendment itself, which concerns the

“connection between the possession of a hereditary peerage and obtaining membership of the House of Lords”.

When the noble Baroness said that she is happy for discussions to take place, she said discussions with conditions, and that this Bill has to be passed and agreed to in all aspects before there can be a discussion. That is not a sensible or equitable way to have a discussion—

[Baroness Smith of Basildon (Lab)]

I hate to intervene on noble Lords, but I do so because I do not like to be misrepresented by the noble Lord, or any other noble Lord in this House. I did not say that noble Lords have to pass the Bill before any discussions take place. I said that I was happy to have ongoing discussions, but that I did not want to see any procedural shenanigans. I need to see some good faith on the part of the Opposition, as well. I say to the noble Lords, Lord Strathclyde and Lord True, that I did answer the amendment. I said that it was unnecessary—it is actually pretty much contained in the Long Title anyway—but if he is going to describe what I have said, he should at least get it right.

[Lord Strathclyde (Con)]

I am more than happy to agree with the noble Baroness on procedural shenanigans, which I must say I do not recognise at all over the course of the last few months. I am not doing any procedural shenanigans; I am actually replying to the noble Baroness, but I have made the point I wish to make. Are there no procedural shenanigans from anybody in the Labour Party actually engaging in the debate just started by my noble friend Lord True? I certainly give way to the noble Lord, Lord Grocott.

[Lord Grocott (Lab)]

Has the noble Lord finished his remarks, because I do not want to encourage him to go on at length? I wish to respond to the point about why Labour Members have not spoken, but is he wishing to get up again? I do not want to intervene on him, I just want to—

[Lord Strathclyde (Con)]

Feel free.

[Lord Grocott (Lab)]

Well, I have been waiting to say this for a long time, but I have managed to keep quiet. It was nine years ago that I first brought in a Bill to end the system of by-elections, which, had it been enacted, would have substantially solved the problem—and I think it is a problem—of people coming to this House by means of heredity.

I find it deeply ironic that the now apparently passionate advocates of my Bill include the noble Lords, Lord True and Lord Strathclyde, both of whom were among those who did all within their power to block it; that is not to mention the noble Lord, Lord Mancroft, of course. When I brought the Bill in, the majority of hereditary Peers, as far as I could judge, were in favour of it. However, time and again a small group of people, four of five of whom—probably more— are here today, managed to filibuster in ways incredibly similar to those going on today: degrouping amendments, and putting down amendments at the last minute when there is barely time to respond to them. I would just like to know at what point in their political development this Damascene conversion occurred: from doing all within their power to block my Bill—satisfactorily, of course—to now thinking that it is the golden solution to finding consensus between the two sides of the House.

Perhaps, at some stage, the noble Lords could take this opportunity not only to explain why they have completely changed their mind but to apologise to the hereditary Peers who will be removed as a result of this—in the full knowledge that, if they had listened to my earlier Bill and not filibustered it, this debate would not be happening on anything like the scale that we have at the moment.

As we are taking a slight trip down memory lane, I could go even further if I wanted to, but I will stick to just nine years—mind you, I am tempted to go back 31 years, when I first introduced to the House of Commons a Bill to end the right of hereditary Peers to sit and vote in the House of Lords. One of its sponsors was my good and noble friend Lord Foulkes, alongside my noble friend Lord Rooker—we have stayed together over many years—but of course that was not successful either, so there is a certain satisfaction with where we are now.

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[Lord Wallace of Saltaire (LD)]

My Lords, the noble Earl, Lord Dundee, has just indicated the difficulty of discussing some of the broader issues that this Bill raises when we have so many different groupings. I suggest, in the very constructive spirit of the noble Lord, Lord True, when he opened the debate on the first amendment, that it would be wiser, if we are going to discuss as we go through this Committee stage some of the longer-term issues that it raises, that we should group the large number of amendments we have together, rather than have a constant repetition of broader points from one amendment to another. This certainly this cannot be done today, but I suggest that, before the second day of Committee, the usual channels have a constructive conversation about the number of groupings that we need. I say to the noble Lord, Lord True, that I think that it is the consensus of the House that we would have a more constructive Committee stage if there was a much smaller number of groupings into which the major themes are contained.

[Lord Strathclyde (Con)]

On the question of groupings, I understand that the Opposition put forward some suggestions for groupings to the Government Whips’ Office at the end of last week, and they were rejected without even being looked at until the Government had put forward their own proposals. That is my understanding.

I think that the whole question of groupings is important and useful, but we are only on the second amendment of the day and I do not know what the noble Lord, Lord Wallace of Saltaire, was suggesting that this amendment should be grouped with. I am happy to listen to him.

[Lord Wallace of Saltaire (LD)]

The first four separate amendments seem to me to have a very natural linkage, and it would have been much more sensible to debate them in a group, for example.

[Lord Strathclyde (Con)]

My Lords, let me carry on on the groupings that we have and on the speech in introducing his amendment of my noble friend—

[Lord Foulkes of Cumnock (Lab Co-op)]

We are on the second amendment of the day and this is the sixth speech from the noble Lord, Lord Strathclyde. I think we can all draw our own conclusions.

[Lord Strathclyde (Con)]

My Lords, I fancy that, if this Bill dealt with the expulsion of all Peers over 80, the noble Lord, Lord Foulkes, would be a leading light in opposition to that legislation. I am simply carrying out my duty as a Member of this House to hold the Government to account and ask the questions that need to be asked. If the Labour Party choose not to turn up to this debate, that is entirely up to them.

I also point out that this Bill excludes by law 45 members of the Conservative Party. It excludes four members of the Labour Party, who almost certainly will be given life peerages, as precedent has demonstrated in the past. So it is hardly surprising that, as a group and a party in the House of Lords, we take a great deal of interest in what this Bill says and what it is attempting to achieve.

My noble friend Lord Caithness made a good point about what this Bill does. It does not just remove the hereditary Peers but creates a wholly appointed House. Some noble Lords will take exception to that fact. I know that the noble Lords on my left, the Liberal Democrats, would rather see a democratic House, and I have a great deal of sympathy with that, and there are other noble Lords who are very happy to see a wholly appointed House—but that appointment is almost entirely in the hands of the Prime Minister.

It is worth mentioning HOLAC. I know there will be amendments on HOLAC later on, but they are not directly relevant to the amendment before us. HOLAC is itself a creature of the Executive. There is no statute that has created HOLAC. It is there because the Prime Minister has decreed that it should be so. It could be snuffed out immediately. Therefore, it is right when we say that the appointment system is entirely in the hands of the Prime Minister. HOLAC reserves for itself a small number of independent Cross-Benchers. They are a delightful addition to this House. I very much agree with what the noble and learned Baroness, Lady Butler-Sloss, said, particularly in respect of the hereditary Peers.

I therefore support my noble friend’s amendment. I have no idea why the noble Lord, Lord Grocott, accepted this amendment some years ago during a debate on his Bill. It may well have been that he got so bored of the debate that he thought he should just accept an amendment to make a difference. I think the noble Lord is trying to get in. I have come to the end of my remarks, so I am happy for him to speak if he wishes to do so.

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Moved by

[Lord Strathclyde]

4: Clause 1, page 1, line 1, at end insert—
“(A1) In section 1 of the House of Lords Act 1999 (exclusion of hereditary peers), at end insert “, except for the Earl Marshal and the Lord Great Chamberlain”.”Member’s explanatory statement
This amendment would retain the Earl Marshal and the Lord Great Chamberlain as members of the House of Lords with the right to sit and vote.

[Lord Strathclyde (Con)]

My Lords, Amendment 4 is a short amendment with a very small impact on two Members of this House. It is less a probing amendment and more one that I very much hope the Front Bench will be able to accept. The Leader of the House, at Second Reading and other points of the debate, has mentioned these royal officeholders and said that there would be some sort of arrangement to allow them to continue to come into Parliament. But I think they should be treated even better than that. They are obviously apolitical Members and do not play a great part in political debate, so would it not be right and proper to allow them to remain as full Members of your Lordships’ House to carry out their tasks?

The Lord Great Chamberlain carries a responsibility for the royal parts of the Palace of Westminster—which are on the other side of the Prince’s Chamber, including the Royal Gallery, the Robing Room and everything else in that direction—through Black Rod. The noble Duke, the Duke of Norfolk, as Earl Marshal, has been responsible for all the great occasions of state, some of sadness and others of great celebration, over the past few years. Most importantly, and of greatest effect in this House, the Earl Marshal is responsible for the State Opening of Parliament; the noble Duke forms part of the procession and signals to Black Rod to start the great walk between the House of Lords and the House of Commons. My amendment simply allows them to continue as Members of the House of Lords; it is very humble.

Some Peers have asked me if I know whether the Lord Great Chamberlain and the Earl Marshal actually want to stay. Whether they want to stay is not, strictly speaking, relevant. They do not have to come often, apart from the very few occasions when they are required to come. I hope that the Leader of the House will find favour in this principle and that, even if the amendment is incorrectly drafted, she might come forward with her own on Report. I beg to move.

[Lord Northbrook (Con)]

My Lords, I too have put my name to this amendment. These two Great Officers of State have been in existence since 1386, in the case of the Earl Marshal, and 1130, in the case of Lord Great Chamberlain. It was intended that they were required not only to perform their constitutional duties at the State Opening of Parliament and other events related to the sovereign but to be a vital link between the Crown and Parliament. To sever that link is a severe challenge to the monarch and deeply regrettable. Therefore, they should be allowed to remain as Members of the House.

I have it on reasonable authority that, originally, the Cabinet Office informed the officeholders that their positions were safe. Apparently, two weeks later, the change of mind was made. I highlight the contributions over the years, and since I have been in the House, of the noble Duke, the Duke of Norfolk, and the current Lord Great Chamberlain.

The Leader of the House has issued conflicting messages on how the officeholders will continue to have access to the House of Lords. She concluded at Second Reading:

“On the specific issue of access … for the Earl Marshal and the Lord Great Chamberlain, I completely recognise that they need access. I have written to the commission to ask that they keep their access passes, and the usual channels have agreed that … There is nothing that impedes the work they do or their roles in this House”.—[Official Report, 11/12/24; col. 1861.]


However, in opening that debate, she had stated:

“I have already raised this with the Lord Speaker to ensure that necessary arrangements can be made”.—[Official Report, 11/12/24; col. 1723.]


Quite apart from the lack of clarity as to whether these two officeholders have to rely on the approval of the commission or the Lord Speaker, what would happen if one refused to give them access? I therefore propose that, if the Government cannot agree to this amendment, there should be an alternative one in the Bill to guarantee that they have access to the Chamber to perform their ceremonial duties.

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[Baroness Smith of Basildon (Lab)]

If agreed by the House, it will be a right. There has been some misunderstanding that the only way they can fulfil their functions is by being a Member of this House and having the right to speak and vote in the Chamber. That is not the case. If we go back in time, there have been cases where neither officeholder was a Member of your Lordships’ House. Peter Burrell was the Lord Great Chamberlain from 1781 to 1820. He was not a Peer until 1796. More recently, William Legge was the Lord Great Chamberlain from 1928 to 1936, but only inherited his title at the end of his time as Lord Great Chamberlain in 1936. Hugh Cholmondeley performed the office of Lord Great Chamberlain from 1966 due to his father’s ill-health. He succeeded to his father’s peerage in 1968. The current Earl Marshal took leave of absence from your Lordships’ House from 18 January 2021 for the remainder of that parliamentary Session—and we know that was a very important parliamentary Session in terms of the monarchy.

So I am confident that both noble Lords will be treated with the respect they deserve—and have earned— and they and their officeholders will be granted access to your Lordships’ House. It will not, in any way, impinge on their responsibilities and duties. I respectfully ask noble Lords to withdraw their amendment.

[Lord Strathclyde (Con)]

My Lords, I thank my noble friend Lady Finn, who spoke with great authority and skill. The more she spoke, the more convinced I was that I was right to move the amendment in the first place. Her knowledge of history and precedent in this matter is exemplary.

I am also very grateful to the noble Viscount and the noble Lord who signed the amendment—the noble Viscount, Lord Hailsham, and my noble friend Lord Northbrook—and for what they raised, and the question that my noble friend Lord Howard of Rising raised. It does seem absurd that these great officers of state, who have a role in Parliament, will be able to come into the House only when they go to the pass office and ask for their pass, which is no doubt countersigned.

[Baroness Smith of Basildon (Lab)]

They will have access to the House, however that is arranged. They are not going to have to troll up to the pass office and get a daily pass that they stick on them. They will have the access that is required for this House. All Members of the House would want to show that respect. The only loss will be that they will not be in your Lordships’ House to take part in debates and to vote. They will not be in the Chamber to participate in the proceedings of the House.

[Lord Strathclyde (Con)]

My Lords, I am reminded of the debates that took place many years ago on the future of the Lord Chancellor, when he was removed from your Lordships’ House. It was the law of unintended consequences. There was much work undertaken to try to keep all of that and I predict that the same will happen again. But I think the noble Baroness has heard what we have had to say. She will no doubt consider, with the Clerk of the Parliaments, what needs to be put in place in order for these two great officeholders to continue to do the work that they are required to do in Parliament. On that basis, I beg leave to withdraw the amendment.

Amendment 4 withdrawn.

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[Lord Collins of Highbury (Lab)]

Of course, the principle was established in 1999, and we are now dealing with that remaining temporary arrangement that has gone on for 25 years or longer. That is the reality. No one can deny that that remaining element—that temporary arrangement—is specifically addressed in the Labour manifesto for the last general election. It specifically addressed it in the way that this Bill seeks to implement it, so there can be no doubt about that.

[Lord Strathclyde (Con)]

I am sorry to intervene on the noble Lord, but he is making much store about the manifesto, which also says that Peers who are over the age of 80 by the end of this Parliament should also be slung out. Does the noble Lord think that is really going to happen?

[Lord Collins of Highbury (Lab)]

As my noble friend the Leader of the House has reminded me, she will be consulting on that and looking at ways for it to be implemented—she is already doing so, as she reminds me. The fact of the matter is that we have a clear commitment. The Government have a right to determine when and how they implement their commitments. The noble Lord knows that. I have heard speeches from him telling me that we should not push amendments because the democratic House has laid something down in the manifesto. He has made those points to me over the past 12 years, so this does not really wash with me.

The simple fact is that we established in 1999 that the hereditary principle would no longer apply. We put in temporary arrangements and we have now addressed that in our manifesto. Solutions were put forward in 1999. I say to the noble Earl, Lord Attlee, that his contribution is well known. Leaders know it. I certainly assume that the leader of his party knows the contribution that he has made, both outside and inside Parliament. Why would he not be considered worthy of a life peerage? I do not see why not. It is really important that we can establish a principle—

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, I agree with the noble Lord, Lord Wallace, that this is an ingenious, but perhaps at points impractical, solution. But it does address one of the more eccentric features of the by-election procedure, not least the use of single transferable vote. Of course, the only Members of the UK Parliament elected by single transferable vote are the hereditary Peers elected in by-elections. I am not sure whether that is the proposal for the by-elections in my noble friend Lord Lucas’s amendment, but I am speaking of the nature of the electorate—or selectorate—for the by-elections. The 92 under the present reforms are largely elected by the hereditary Peers of each party and group, save for the 15 places that were occupied by Deputy Speakers in 1999, when the vote was by all Members of the House. As I understand the proposal from my noble friend Lord Lucas, the Deputy Speaker solution is proposed for these by-elections.

I must say, as a sideline, that I particularly enjoyed voting in one of those by-elections, when the House had to choose between the noble Earl, Lord Russell, and Earl Lloyd-George. I do not think I am breaking any confidences by saying that I voted for Earl Lloyd-George because he demonstrated a particular fondness for the creation of hereditary peerages, although perhaps not always for the best reasons.

Be that as it may, this amendment highlights the core of the mischief of this Bill, in that it means that one of the few avenues of getting into this House that is not controlled by the selection of the Prime Minister—whereby everybody in this House has to be sharp-elbowed enough to catch the eye of the Prime Minister pro tem —is being closed. I commend my noble friend Lord Lucas on proposing a solution that keeps open another avenue into this House.

[Lord Strathclyde (Con)]

My Lords, I have listened to parts of this debate, and I understand what the noble Lord, Lord Wallace of Saltaire, was saying: this takes this debate down a different course. We are now discussing the “what ifs” and what could happen. It shows something quite serious about the Government’s thinking. Not in this Bill but in the manifesto, they talk about other things that are planned for the future. Yet there is no White Paper, or even any Green Paper, on the Government’s thoughts on the nature of the House of Lords that they want.

All we are being offered is what is in the Bill—that is it. There is no promise of anything in the future, no careful thought, no publication of a White Paper and not even a timetable for those things. There is no promise that anything will be published before the next general election. We could go through the whole of this Parliament—those noble Lords who will still be here—wondering when the next stage of reform is going to take place. There does not need to be anything because the Leader of the House has not yet convinced her colleagues that they should explore their thoughts and study the bookshelves of the noble Lord, Lord Wallace of Saltaire, to look at what has happened in the past and come forward with those proposals.

My noble friend Lord Lucas has tried valiantly to build on the existing by-elections, if I can continue to call them that, by having them filled by members of the public. My noble friends Lord Trenchard and Lord Lucas have thought about alternatives. I do not expect the noble Baroness to accept any of these amendments in any shape or form. When it comes to democracy, I know that we have an amendment later on in the names of the noble Lords, Lord Newby and Lord Wallace of Saltaire, which I am supporting, so I will keep back my more general comments about a more democratic mandate. This follows the preamble to the 1911 Act, which the Government, for the time being, seem to have turned their face against, which I very much regret.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to my noble friends Lord Lucas and Lord Trenchard for their amendments and for the ingenious way they have tried—as my noble friend Lord Strathclyde just said—to build on what we currently have in this House to propose some suggestions. Their amendments would continue the by-elections provided for by the 1999 Act, and thereby are a reminder that those by-elections have been discontinued by cross-party agreement. It is no longer possible to join your Lordships’ House by inheriting a peerage. The primary objective of the Government’s reform has already been achieved. As the amendments and the discussions that a lot of noble Lords have had in this Committee show, there is a great deal of interest in the stage 2 and stage 3, as the Lord Privy Seal put it earlier. There are a lot of unanswered questions about those.

My noble friend Lord Lucas’s Amendment 6, which leads the group, suggests that anybody on the register of electors anywhere in the United Kingdom may stand in the by-elections provided for through the 1999 Act. As he acknowledged, that is a very large number of people—more than 48 million at the last count. I do not think there is a ballot paper or computer screen big enough to satisfy the process that Amendment 6 envisages. As he said, it may be a bit wide. He and my noble friend Lord Trenchard acknowledged this through their further amendments in this group to try to narrow that down a little.

My noble friend Lord Lucas’s Amendment 7 suggests that it could be somebody who has been nominated by a member of the Council of the Nations and Regions. If the noble Baroness were to delight my noble friend by accepting this amendment, I think it would be the first mention on the statute book of that new body, which was created by the new Government when they came to power and which comprises the Prime Minister, the First Ministers of Scotland, Wales and Northern Ireland, and 12 English mayors. There was an attempt to mention the Council of the Nations and Regions within the passenger railway services Bill, through an amendment proposed in your Lordships’ House, but regrettably that was not accepted by the Government.

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[Baroness Smith of Basildon (Lab)]

The noble Lord is very sensitive. It was not a rebuke; it was more of an observation that his comments went wider. I think he would agree that he wanted very much to know what comes next. I also think he accused me of being silent—I made some notes of his comments. It may not have been the term “silent”, but it was something about my having nothing to say or bringing the shutters down on what he said.

I will talk to the amendment, but I have been clear from the beginning of the many debates we already had on this issue that there is a process, with this as the first stage. It is not surprising that talks and discussions about Lords reform have so many times, as the noble Lord, Lord Wallace, said, been driven into the ground and gone nowhere. Focusing on what is in front of us and what can be achieved by a single Bill is very important, but we seem to want to talk about what comes next and after that. Amendments later on will address some of these issues, but I say to noble Lords: there is a Bill before us with specific amendments and I will mainly address my comments mainly to them.

That does not mean what comes next does not matter, but I can think of no other area of policy or manifesto commitment where the Minister proposing it is constantly demanded to say what comes next and in what order we will do things. I have been quite clear from the very beginning that this is the first stage. It was in the manifesto and there are two stages following that. The noble Lord, Lord Strathclyde, cannot help himself; I am beginning to love the sound of his voice. I look forward to hearing from him again.

[Lord Strathclyde (Con)]

My Lords, I hope the noble Baroness does not feel that I have spoken at length. I have not. I have spoken many times to make short points; perhaps I can take up another now that I have mentioned before. I do not think any of us would be putting forward amendments on “What next?” if the Government had not themselves mentioned ideas for what is next in their manifesto. If they had published a White Paper, or even a Green Paper, it would make life so much easier and would allow the noble Baroness not to answer these questions.

[Baroness Smith of Basildon (Lab)]

I think the noble Lord labours the point a bit. I will address the amendments before us today and, in due course, as we move on, there will be other issues to discuss as well. I am not shying away in any way from our manifesto commitments; they remain and stand. The noble Lord is not one of those noble Lords who have discussed details of them, but others have, and I have been grateful for their suggestions and ideas for moving forward.

Let us look at these specific amendments. I think I said that they were quite an ingenious way of looking at things. I must admit that I interpreted one of the amendments differently to the way the noble Lord, Lord Parkinson, did. That might have caused some confusion. Basically, the noble Lord’s amendment seeks to continue with by-elections but, instead of replacing hereditary Peers with others, any member of the public on the register in the United Kingdom—I assume that means overseas voters who are on the register in the UK as well—could stand to be a Member of the House and the electorate would be Members of your Lordships’ House. The by-elections would continue and anybody who won one of those elections, if I have understood him correctly, must then be recommended for a peerage by the Prime Minister. The noble Viscount, Lord Trenchard, then looked to amend the criteria for potential candidates, and to have process and procedures on that.

These are creative amendments that raise an interesting and useful point about how we can get some of the best and most able people into your Lordships’ House if they wish to contribute to its work. I sometimes think that we look too much at what people have done in the past and not to what they will do in the future, when they are here.

I took some issue with his comment that the hereditary Peers are, by virtue of being hereditary, always more independent-minded. There are other amendments on the Order Paper, some of which we have heard already, about how Members on the Front Bench or who hold official positions should be able to continue in your Lordships’ House. Being a hereditary Peer does not guarantee the independence of any Member, and Members across the House who are hereditary are affiliated to political parties, which does not render them to be called independent. It may be only the Cross-Bench hereditaries who can claim to have that independence.

The noble Lord will understand why I cannot accept his amendment. It removes Clause 1 of the Bill, which is one of the crucial parts of it, and therefore retains the right of the current excepted hereditary Peers to continue to sit in your Lordships’ House. It is a bit like the Grocott amendment: there would be a by-election, but it would be for any member of the public.

I have some sympathy on how we get the best people to represent the House. The noble Lord, Lord Murray, commented that, in not having hereditary Peer by-elections, an avenue is closed, and this would open up another avenue for bringing Members into your Lordships’ House. The noble Lord, Lord Wallace, made the point that, with such an exclusive electorate, this does not really open it up in a way that the members of the public who could put themselves forward would be happy with.

The commitments in our manifesto are quite clear. One of those was to reform the appointments process. Part of that is to look at the quality of candidates coming forward and the national and regional balance of the second Chamber. Members may have noticed in the last list of Peers that was announced by the Prime Minister—not all appointed by the Prime Minister—that all had a citation of why they had been appointed to the House. That was the first time it had happened. I remember saying to your Lordships’ House at Second Reading and even in the debate on the King’s Speech that that was something I was very keen to see. Previously, the only information given about somebody appointed to your Lordships’ House or a hereditary Peer who was elected, was just a line, which did not say anything about them at all. Now there is at least some information being made public—a small change, but an important one.

We are looking at other ways on the appointments process. We have already had discussions about moving forward on the other issues: the second part, looking at retirements and participation. Both will move ahead, but those are not the issues before us today. On this particular amendment, which I think is quite ingenious, while I understand the noble Lord’s reasons for bringing it forward, I am sure he will understand why I am not able to accept it. I urge him to withdraw.

House of Lords (Hereditary Peers) Bill

Lord Strathclyde Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Strathclyde (Con)]

It is always a pleasure to follow the noble and learned Lord, Lord Falconer of Thoroton. He and I have debated this issue over many years, and I am sorry that we will not debating it for very much longer. I know he will not agree, but this is a thoroughly nasty little Bill, rushed through the House of Commons and brought to us with little thought about the future. It breaks a fundamental and solemn agreement made in 1998 by the then Labour Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, that the remaining hereditary Peers would leave only when the Labour Government had introduced their plan for a fully reformed House. It did not seem like a very big statement of intent in 1998. After all, as was said at the time, the Labour Party was about to come forward with a fully reformed plan. We have been waiting 25 years for that and the Labour Party has demonstrated no thought, no thinking and no progress whatever.

Why are the Government bringing forward this measure now? Is it because it is in the manifesto? I do not think that is really good enough. It does not stop it going through but there needs to be a more serious justification for why this Bill is being brought forward. What is worse, as the noble and learned Lord, Lord Falconer, explained a moment ago, this creates a wholly appointed House where—and this is what he did not say—the appointments are almost entirely in the hands of the Prime Minister. The noble and learned Lord suggested that the by-elections were still continuing but, of course, they were suspended in July. There is therefore no hereditary Peer in this House, because there is nobody able to pass on their place to sit and vote in the House of Lords on to their heirs.

This is not a reform. It tells us nothing about the Government’s thinking. We will wait many years before a future Bill is published. Also, the Bill offers no continuity. Rumours abound of life peerages being offered to those due to be purged—if they behave. If the Government are planning life peerages, why do they not tell us who is going to receive one or how many life Peers are going to be created, and then those affected can make plans for the future? Is it really conceivable that the noble Earl, Lord Kinnoull, who has been picked by the Cross Benches to be their convenor, is to be expelled in the purge? If he has not been offered a life peerage yet, why not? Why are these matters secret? The Government must have a view. They must have discussed these issues.

Who are the Peers to be purged? Will the Government publish a list of all those to be purged from the House and place it in the Library? They should find that very easy to do. Peers in the House sometimes who have no idea who is a life Peer or who is a hereditary Peer; it is quite an issue. I have lost count of the number of Peers who have said to me, “Ah, well, you’ll be all right, you’re a life Peer after all”. Do many Peers know if the noble Lord, Lord Moynihan, is a life Peer or a hereditary Peer, with his distinguished record as a Minister in the House of Commons, or the noble Lord, Lord St John of Bletso, who is an expert on Africa and business? Is the noble Lord, Lord Ponsonby of Shulbrede, a life Peer or a hereditary Peer? Perhaps we ought to have a list.

[Noble Lords]

He is both.

[Lord Strathclyde (Con)]

It is wonderful that some Peers know who the noble Lord, Lord Ponsonby, is but not everybody does. Would his name appear on the list or not? I can let noble Lords into a little secret —it would not.

As my noble friend the Leader of the Opposition asked: is this about numbers? I can see the attraction for the Government to get rid of several dozen supporters of opposition parties or Cross-Benchers, but why remove a cohort who are generally committed, younger and harder-working, rather than picking those who turn up very rarely? I listened carefully to the suggestions made by the noble Earl, Lord Kinnoull. Is not the reality that this is a nakedly partisan Bill, whose key aim is to reduce the number of the Government’s opponents in the Lords and throw some red meat to extreme Labour?

For those who have borne a grudge against the Lords for most of the last 100 years, the temptation to remove 45 Conservatives is just too much to resist. Is this not the real motivation behind the Bill? The Prime Minister will then be able to control who comes into the Lords, taking control of the Lords as much as he controls the House of Commons.

House of Lords Reform

Lord Strathclyde Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Strathclyde (Con)]

My Lords, from the perspective of being at the tail-end on the Back Benches, I can truly say that this has been a far more interesting debate than I thought it would be when I saw the speakers’ list this morning. This debate is about a great House of Parliament—one that has, I would argue, held its reputation for seriousness, scrutiny and revision. Today’s debate has proven that. As my noble friend Lord Wakeham said earlier this afternoon, the House of Lords does what it is supposed to do; we have done that today in debating this issue.

As the noble Lord, Lord Grocott, said earlier, we are here today only because of the Bill before another place, but what he sees as a virtue I see as a dismal failure—namely, the failure of the Government to keep their word to the House, made 25 years ago, that the remaining hereditary Peers would leave when a proper reform was enacted. I clearly remember the noble and learned Lord, Lord Irvine of Lairg, happily agreeing to the by-elections because, as he said then, they would never happen because the Government would bring forward a proper reform Bill early in the new Parliament; that is why the by-elections would not take place until the second Session of the subsequent Parliament. Of course, as we all now know, there was no second reform Bill.

Here we are, 25 years later, with Labour’s tired old ideological song about removing the right of the hereditary Peers to sit and vote in the House of Lords, yet there is still no proper reform, and no thought, and Labour seeks to blame us for its failure.

What is the way forward? I am one of the few people in Parliament who was part of a process that successfully brought a full reform Bill before another place. In 2012, the House of Lords Reform Bill passed its Second Reading on an overwhelming vote, as the noble Lord, Lord Rennard, reminded us, but fell because Labour would not co-operate on a timetable Motion. I sat on two Joint Committees, one chaired by Jack Straw and one successfully by Nick Clegg, building on straw. It was cross-party, both Houses were represented, it was focused, and it came ultimately to an agreement that was reflected in the Bill that was presented.

I believe that the only credible motivator for reform is the existence of hereditary Peers. I urge the Government to reconvene a Joint Committee of both Houses—we have seen how it worked in the past—to sit and come up with a proper plan that reflects well on democracy and our democratic traditions, and maintains the House’s reputation for excellence. So much has changed since 1999 that we can take account of—the new devolved Administrations in Wales, Northern Ireland and Scotland, the new metro mayors in England and the GLA. We should look at the case for direct or indirect elections from these bodies and see how representation in the Lords can be improved.

I sense a dilemma at the heart of the speech by the noble Baroness the Leader of the House. She said that the Lords is complementary and an asset to the Commons—and I agree—and that it has deep historical roots. But she was afraid of being seen to do nothing. Surely doing nothing is better than deeply damaging the Lords, as the noble Lord, Lord Birt, warned. Of course, the noble Baroness the Leader of the House promised further reform—participation, age limits, tighter appointment systems and so on—but I have no faith whatever that any of that will happen once the Bill has passed. I am with my noble friend Lord Forsyth on that.

Surely there are better ways of going forward, such as the example set in 1922 when the new Irish Peers were stopped from coming here but the old ones could stay on until they died.

On that note, from time to time we hear that there will be life peerages for some hereditary Peers, such as the noble Earl, Lord Kinnoull, the Convenor of the Cross Benches, and my noble friend Lord Howe, but why is all this secret? Why can the Minister not tell us, in this quiet of the night, exactly what the Labour Party has planned and remove the threat of immediate execution from these Peers?

The Bill has passed in another place this evening without any serious debate. We shall have to wait for the Bill to come to our House to give it proper and full scrutiny. I finish with a plea to the noble Baroness. If we have 50-plus speakers at Second Reading, can we please have a two-day debate and not be limited to five minutes?

House of Lords: Composition

Lord Strathclyde Excerpts

Thursday 5th September 2024 Lords Chamber

Asked by

[Lord Strathclyde]

To ask His Majesty’s Government (1) what plans they have for the removal of excepted hereditary peers from the House of Lords and (2) whether they plan to keep the House informed on any proposed changes to its composition before the publication of relevant legislation.

[Lord Strathclyde (Con)]

My Lords, I beg leave to ask a Question of which I have given private notice, and I declare my interest. The question is as follows: to ask His Majesty’s Government, first, what plans they have for the removal of excepted Peers from the House of Lords and, secondly, whether they plan to keep the House informed on any proposed changes to its composition before the publication of relevant legislation.

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

My Lords, I think the noble Lord’s Question referred to excepted hereditary Peers. Today, probably as we speak, the Government are introducing a Bill in the other place to deliver on our clear manifesto commitment to bring about immediate reform by removing the right of the remaining hereditary Peers to sit and vote in the House of Lords. The Bill was included in the King’s Speech, which was debated at length in your Lordships’ House. It will complete the process started a quarter of a century ago to remove hereditary Peers from Parliament. The Government are keen to maintain an ongoing dialogue with your Lordships about this legislation and our other manifesto commitments on reforming this House.

[Lord Strathclyde (Con)]

My Lords, I thank the noble Baroness the Leader of the House for that Answer, but is it not a bit shoddy that she was prepared to speak to the press yesterday and had to be summoned to the Dispatch Box today rather than make a Statement to the House about one of the most important issues facing this House—namely, its composition? This is a high-handed, shoddy political act, removing some of our most senior and experienced Peers, such as the Convenor of the Cross Benches, the noble Earl, Lord Kinnoull, the Deputy Leader of the Opposition, the noble Earl, Lord Howe, and many others who have held some of the most senior positions in government and commerce.

Why have the Government and the noble Baroness not sought any discussions or consultation among the parties? Twenty-five years ago, countless debates and questions took place in the House and, ultimately, we finished up with a consensual way forward agreed among the parties. Why are there no proposals to remove those Peers from the House who very rarely come, rather than those who have shown an active commitment over many years? I hope that the noble Baroness will now engage with the usual channels to find a suitable day for a debate on the Floor of the House to discuss proper reform of the House of Lords.

[Baroness Smith of Basildon (Lab)]

I have always admired the noble Lord’s ingenuity, and never more so than today. It is a bit of a reach to say that a Statement should have been made to this House first. This was first debated around the hereditary Peers by-elections, it was debated following the Labour Party’s manifesto commitment, and I have had numerous conversations since the election and will continue to do so. A Bill has been introduced in the other place today; it will come to your Lordships’ House and we will have our discussions in the normal way. The noble Lord says that there was agreement previously. It was because there was no agreement during the passage of that Bill that further discussions took place and temporary arrangements were made on a transitional basis to exempt some hereditary Peers from the legislation. This will complete that process. I remind the noble Lord that my comment to the press about the Bill’s introduction—made in the normal way—started by recognising the valuable contributions that many hereditary Peers have made to Parliament.

Business of the House

Lord Strathclyde Excerpts

Thursday 25th July 2024 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I agree with the noble Lord, Lord Grocott, that hereditary by-elections are probably now coming to an end. That does not stop this move being illegal; it is against the set-down rules, which is rather strange from a party whose leader was Director of Public Prosecutions and was dedicated to obeying the rule of law. The problem, of course, is that none of us in this House is legitimate; we are all appointed by one body or individual or another, and the only people who are elected by anybody are the hereditaries—so, in many ways, they have a superior right to be here than we do.

[Lord Strathclyde (Con)]

My Lords, this is obviously a very notable victory for the noble Lord, Lord Grocott, for the noble Baroness, Lady Smith, and for the Labour Party. I pay tribute to all those who have been elected in the by-elections over the past few years. There are an excellent number on our party Benches, on the Cross Benches and right across the House, and I think these by-elections will be much missed. But I support my noble friend Lord Howe and I think he has done the right thing. It will be for history to decide in the future on the contribution of these by-elections—but I think history will note that perhaps it was better to have the Peers voting for one of their own rather than just being ticked in the box by the Prime Minister.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I wish to offer a small correction to the noble Lord, Lord Hamilton, about people being elected to this House. Plaid Cymru and the Green Party elect the people who are to be their nominees. That does not mean that we do not want a fully democratically elected House with a full public franchise.