House of Lords Act 1999 (Amendment) Bill [HL] Debate

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Department: Cabinet Office
Lord Dykes Portrait Lord Dykes (CB)
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My Lords, I support the two previous interjections. I thank the noble Lord, Lord Cormack, for many years of toil, with others, in the modernisation and reform group which he has led. I came into this House in 2004. I have always regarded myself as a friend of the noble Lord, Lord Trefgarne, and he of me—we know each other well. I regard the noble Earl, Lord Caithness, as a man of great wisdom and as a hard-working and diligent Peer—in fact, we are all effectively full-time working Peers nowadays, which counts for a lot. However, I beg the noble Lord, Lord Trefgarne, as a friend, to reconsider pressing these amendments, with the damage that they will do to the reputation of this House. I ask him to think again and to bear in mind the suggestions that have been made already by people with more authority than me in these matters, hoping that he and the noble Earl, Lord Caithness, will have the courage and wisdom to respond.

Lord True Portrait Lord True (Con)
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My Lords, I apologise for intervening, but I had a small walk-on part—not as distinguished as that of the noble Lord, Lord Hunt—in 1999 and remember well the statesmanlike endeavour undertaken by the noble and learned Lord, Lord Irvine, and the then Lord Cranborne, now the noble Marquess, Lord Salisbury. They effected an extremely difficult compromise, which did not give satisfaction on all sides, to enable an important piece of constitutional reform to go forward. It was a distinguished piece of statesmanship, a compromise was made and the noble and learned Lord, Lord Irvine, said at the time in this House that it would remain “binding in honour” on all those who had taken any part in it. When I first came to this House, I was told that the one thing that a Member of your Lordships’ House had to do was to stand on his or her honour. I would therefore find it extremely difficult, short of the final reform of this House, to accept the removal and breaking of that compromise which enabled a great piece of legislation to be passed by the party opposite.

It is disappointing that a mugging party has arisen attacking my noble friend even before we have entered fully into the debate on this subject. It is not much of a filibuster by my noble friend, who spoke for just two minutes. I have heard more effective filibusters in my time.

I would hope that a sensible spirit of compromise could emerge. I discussed these matters with the noble Lord, Lord Grocott, and I understand that people opposed to the hereditary principle want to see it removed from the House. Most hereditary Peers I speak to—I should make it clear to those who are not aware that I am certainly not a hereditary Peer— do not object to the principle being removed from the House. The question is how, when and in what circumstances.

I concede that another reason why you might wish to remove hereditary Peers—I know that the noble Lord, Lord Grocott, does not have this purpose—is to secure some party advantage. Clearly, these Benches and the Cross-Benches have more to lose from the removal of the hereditary Peers than the Labour Party or the Liberals. There is a party political issue that needs to be discussed. I know that the noble Lord, Lord Grocott, would consider that, but it is another matter to be considered.

I am pleased that the Government said—if it is what they said—that this Bill should not go forward. This chip needs to remain on the table. Of course, the ultimate intention of the noble and learned Lord, Lord Irvine, and my noble friend Lord Salisbury at the time was that we would get to a place where the House would be reformed.

My noble friend Lord Cormack is a rather more regular speaker than I am, so perhaps he will allow me some comment on this subject. He said what a scandal it is that some Peers are here on only three votes but I am here on the vote of one person, by patronage. We should be a bit more cautious in being high and mighty about the methods by which certain noble Lords get here, when each one of us was happy enough to catch the eye of a selector, be it Tony Blair, Mr Ashdown, Mr Cameron or whoever it might have been.

The hereditary system we have now is a funny one but I have only one amendment tabled and that is to draw attention to the disproportionate representation of the very Benches that said, “Hear, hear”, when my noble friend Lord Cormack said that it was pretty odd that the hereditary Peers are here. I think it is pretty odd that there are a hundred of those chaps over there.

Lord Cormack Portrait Lord Cormack
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I said no such thing. I did not say that it was odd that they were here. I paid particular tribute to what they do. The Bill of the noble Lord, Lord Grocott, does not make any of them leave. I am concerned about the reputation of the House and the method by which they are selected. Also, I made it quite plain that the Government said the Bill would not pass, so why the worry?

Lord True Portrait Lord True
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My Lords, I am responding to three speeches that said it was quite unnecessary for my noble friend Lord Trefgarne to do what he is doing. I will bring my remarks to a conclusion. I will leave the point of honour before the House. I will leave the point of selection by patronage before the House. I will leave the point that by pushing hereditary Peers out of the House, you will not end the House of Lords question. All that will happen is that we lose the successors of some very effective people in this House.

I just add one other thing. I have here before me what the noble and learned Lord, Lord Irvine, said on 30 March 1999. I agreed strongly with it then and agree with it now. One of the things we discussed in the official group was how the hereditary Peers should be replaced while this compromise continued. The noble and learned Lord, and the Government, said they were not prepared to accept a system whereby Members of this House would choose who stayed and who came in, in what he described as “rather invidious” club rules. In fact, he spoke of,

“The rather invidious proposition that life Peers should have a vote in these elections and pass judgment on the comparative merits of their … colleagues”.—[Official Report, 30/3/1999; col. 207.]

Many of those who wish to end the election of hereditary Peers under the system we have now are the very same people who want a system where life Peers in this place pass judgment on who should stay—where the awkward squad and those who are independent minded might be pushed out. As this debate goes forward, that proposition deserves every bit as much scrutiny as the role and place of hereditary Peers in this House.

To conclude, I will stand on the point of honour. I have only one amendment and have not made a filibuster but made points that I believe are of great importance and which remain as valid today as they did in 1999.

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Lord True Portrait Lord True
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The noble Lord referred to my speech. He said that we have to prevent top-ups. A few sentences before, he said that of course the Prime Minister could appoint others to replace those who go. By his own words, the question of size is not relevant. He also said that no Parliament can bind its successors. Perhaps that is why the Liberal Democrats have been so quick to remember their policy that numbers here should reflect votes cast in the previous general election.

Lord Rennard Portrait Lord Rennard
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If the noble Lord accepts the principle that representation here should be reflective of votes cast in the past election, I would welcome his support for that principle in the House of Commons also.