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.

--- Later in debate ---

[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.