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

Lord Trefgarne Excerpts

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

Debate on whether Clause 1 should stand part of the Bill.

[Lord Trefgarne (Con)]

My Lords, in rising to question the proposal that Clause 1 stand part of the Bill, I take the opportunity to put a question to the noble Lord, Lord Grocott. The noble Lord is, of course, a very senior and distinguished member of the Labour Party and doubtless attended the party conference in Liverpool, I think it was, earlier this year where among the policies decided upon, as I understand it, was an early general election. If that happens this Bill would sink without trace, so presumably the noble Lord does not support the idea of an early general election. Will he clarify that for us?

[Lord Grocott (Lab)]

My Lords, this Private Member’s Bill being committed to a Grand Committee is in the nature of an experiment. It is clearly a hugely successful one. This must be a record attendance at a Grand Committee. The usual channels may consider this an important precedent that might be useful on other occasions.

I am very glad that the noble Lord, Lord Trefgarne, has mentioned elections because what makes this Bill particularly important is an impending parliamentary by-election which will take place on Wednesday when we will have a new Member of the House of Lords elected by 16 people. As the noble Lord knows, the electorate is 31 people, so the mathematicians will be able to work out that 16 votes will be enough to get someone elected. In most parliamentary by-elections some 20,000 votes are needed for a new Member of Parliament to arrive. I simply say to the noble Lord, Lord Trefgarne, that Clause 1 needs to stand part. If it does not, 50% of the Bill will be gone. It is a two-clause Bill that has so far attracted I think 75 amendments. I urge the noble Lord to let the matter go so we move on to the detailed discussion of Clause 2.

[Lord Trefgarne]

Against that reply, I assume that the noble Lord, Lord Grocott, is not in favour of an early general election, and nor am I.

Clause 1 agreed.

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Moved by

[Lord Trefgarne]

41: Clause 2, page 1, line 16, at end insert—
“(3) Section 1 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.(4) Regulations under subsection (3) may not be made until the Secretary of State has published a report outlining progress made towards the implementation of the recommendations in paragraphs 18, 19, 29, 35, 39, 41, 44, 45, 48-51, 53, 55, 66, 70, 74, 77, 81, 82, 96 and 97 of the Burns Report.(5) In this section, the “Burns Report” means the Report from the Lord Speaker’s committee on the Size of the House of Lords, published on 31 October 2017.(6) This section comes into force on the day on which this Act is passed.”

[Lord Trefgarne]

My Lords, I have one simple thought about this. It is the one expressed by my noble friend Lord Caithness a little while ago. He, I and others object to the Bill proposed by the noble Lord, Lord Grocott, because it breaches the undertaking given in 1999. The context of that Bill was the total abolition of the hereditary peerage. At some point during its progress—the noble Lord, Lord Grocott, was, I believe, involved in the discussions that went on behind the scenes; I most certainly was not—all hereditary Peers were going to be removed from the House of Lords. A deal was done involving, principally, my noble friend Lord Strathclyde but others as well. An undertaking was given “binding in honour” those who gave their assent to it. Those were the words of the then Lord Chancellor, repeated in the House and, I believe, elsewhere. It is an undertaking that I hope, on reflection, all political parties will continue to be bound by.

[The Earl of Caithness]

My Lords, I want to comment on the percentage of hereditary Peers, which the noble and learned Lord, Lord Brown, raised on a previous amendment. The best date the Library could give me figures for was 11 January 2000, just after the 1999 Bill went through, when the hereditaries comprised 13.89% of the House. As of March—I have not updated the figures since then—we comprised 11.66% of the House. When the House reaches a total of 600 Peers we would comprise only 15.33%. The percentage has gone down since 2000. That percentage will go up a bit, but I am very happy to discuss that point so that we keep the hereditaries at the same figure they are now.

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[Lord Grocott]

My Lords, this group of amendments in various ways responds to the Burns report, which most of us welcome. They lay down all sorts of preconditions that this Bill cannot come into operation until sundry provisions of the Burns report have been implemented. We have been over the point made by the noble Lord, Lord Trefgarne, about the “binding commitment” in 1999 so many times. The inference of what he said is that my fingerprints were over that commitment. I can tell him exactly why the concession was made in 1999 that resulted in the difficulties we have had ever since with these by-elections. The Labour Government, with a colossal majority in the Commons, had the simplest possible statement of intent in respect of the House of Lords, which was to end the whole of the hereditary peerage—no ifs, no buts. However, as there was a huge majority of hereditary Peers—and Conservative Peers, although for this argument, that is beside the point—in this House it was plain that the legislation was not going to be admitted by them.

Worse than that, it became increasingly apparent that the rest of the Labour Government’s legislative promises to the electorate would not be able to be enacted because of the colossal amount of obstruction coming from the hereditary Peers at the time. That is the last time I am going to make that speech. It has the merit of being true. My good friend—and friend of many others here—Denis Carter, who was my predecessor as Chief Whip in the House of Lords, advised No. 10 and the Cabinet that there were real dangers to the Labour Government’s whole legislative programme. The settlement of 92 was obtained under duress—that is the only way in which it can sensibly be described. What is absolutely certain is that it was intended to be a short-term arrangement, yet here we are, 19 years later, debating at length—I shall make sure that my speeches are not at length—an end to what was intended to be temporary and is now 19 years old. Can we please not have that discussion ever again? I hope that the proposers of these amendments will agree not to press them further.

[Lord Trefgarne]

Perhaps it may be in order for me to say one brief sentence. The Government of whom the noble Lord was a distinguished member could have honoured the undertaking by bringing forward their own legislation to reform the House of Lords, which they chose not to do. They had eight or nine years subsequently in which to do that, but did not do a thing about it.

[Lord Grocott]

I fear that I am in danger of being bored; I do not know about anyone else. A Bill was introduced; it died in wash-up when the Labour Government were voted out of office in 2010. Subsequently, other efforts were made. The noble Earl, Lord Caithness, and the noble Lord, Lord Trefgarne, cannot say with a straight face that they have been forever passionate supporters of a fully elected House. The two of them have been here for 100 years put together—full marks for that. If they were totally committed to a fully elected House and if they have been unable to do anything about it in those 100 years other than to keep repeating those barely credible words which are simply a device to delay and prevent enactment of this Bill, all I can say is that they have not been very effective parliamentarians. Please can we hear the end of that and move on.

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Debate on whether Clause 2 should stand part of the Bill.

[Lord Trefgarne]

I will not delay your Lordships for more than a moment. The proposal of my noble friend Lord Caithness to regularise selections as proposed in his amendment is a very good one and I support it.

[Lord Grocott]

As we come to our conclusion, I shall say simply this. I am very grateful to so many people for proving the success of Private Members’ Bills being held in Grand Committee. It should facilitate the opportunity for more Members to make use of the House’s time on a Friday while Second Readings are being taken in the main Chamber. I thank all noble Lords who have taken part in our debate. I can barely believe that we have completed the Committee stage, but it looks as though we have.