House of Lords: Appointments Process

Lord True Excerpts

Thursday 18th November 2021 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I am grateful to the noble Lord, Lord Balfe, for securing this short debate. It has been a very interesting debate, as it always is when your Lordships apply their wisdom to anything. As far as the form of the Question is concerned, there are other modes of putting Motions before the House, but that is outwith the Government’s responsibility. I will address the Question that has been put before the House.

In opening, I confess to being a Tory. I was glad to learn that I cannot be a complete bastard all the time. I am not sure whether that meant that I am a complete bastard some of the time or a partial bastard all the time, but I will be a little bit of what the noble Baroness, Lady Jones, might not like by reminding her that, although I disagreed with her vehemently, I appreciated her humour. However, she said that we are a House of opposition. That is not what this House is; it is a House of revision and challenge, as the noble Lord on the Front Bench opposite rightly said—but this is not a House of systemic opposition.

The reasons for that were alluded to by several noble Lords who spoke, ignoring the wording of the Motion, on reviewing the process for appointing Members. The noble Lords, Lord Dubs, Lord Brooke, Lord Wallace and Lord Collins, my noble friend Lord Hannan and the noble Baroness, Lady Jones, alluded to the point that there are people out there who do not think that every fault in this House lies in appointment. Some people outside believe that this House might be constituted in a different way, as has been the aspiration of the Liberal Democrat Party for a long time—since 1911, in fact. An attempt was made to secure that in 2012; we know the history there.

The fundamental thing I want to say is that so many who have spoken have expressed their concern and love for this House. I believe that we as a House should be more confident, collectively. Let us not be a browbeaten by an article here or something that is said there. Those of us who are here and do the workaday work of this House know the value of that work and the immense contribution made by Members of your Lordships’ House. I believe that we should have more confidence in ourselves, rather than always listening to the criticisms that come. Actually, some of those criticisms are not as well-founded, as some noble Lords have said today.

This House has a key role in scrutinising the Executive and acting as a revising Chamber. I think that it does that well. When colleagues ask what it is like to speak in Parliament, apart from saying that having the honour of addressing this Parliament is one of the greatest privileges anybody could ever conceive, I say that no one who comes to this Parliament—and this House specifically—should ever come here and stand at this Dispatch Box without a sense of trepidation because of the challenge, intelligence and wisdom that they must face. Let us be confident in what we do.

With the system that is the settled system in this House, new Members are essential to keep the expertise and outlook of the House of Lords fresh. That has been the case for a long time. Constitutionally and legally, it is for the Prime Minister to make recommendations to the sovereign on new peerages. This remains the case. Again, I heard the point made by the noble Baroness, Lady Hayman, on the nature of appointments; I have heard it on other occasions. However, I am afraid that I can say nothing or offer any consolation on that point at this moment.

It would be helpful to remind ourselves of the current arrangements for appointing Peers. The Prime Minister has the sole power of recommending nominations to Her Majesty the Queen for those to be appointed life peerages. The House of Lords Appointments Commission offers the Prime Minister probity advice and can and does make recommendations to the Prime Minister concerning Cross-Bench appointments. The commission has two core functions, which I believe it performs well. The first is to make those recommendations for the appointment of non-party political Members. Since its creation, the commission has recommended a total of 72 individuals for appointments to this House, and I believe that the House has been greatly improved by their presence. I agree with those who referred today to the importance of the Cross-Bench presence here. Secondly, of course, the commission vets nominations to this House on propriety and advises the Prime Minister. This includes nominations put forward by the Prime Minister and the political parties.

“Propriety” in this context is defined as meaning, first, that the individual should be in good standing in the community in general and with the public regulatory authorities in particular, and, secondly, that the past conduct of the nominee would not reasonably be regarded as bringing the House of Lords into disrepute. A check on a nominee’s propriety will include checking with relevant government departments and agencies and other organisations, including the Electoral Commission. The Appointments Commission also conducts media searches. Once all the evidence has been considered, the commission will either advise the Prime Minister that it has no concerns about the appointment or will draw concerns to the Prime Minister’s attention. But it does not have the power to veto the appointment of Members to the House of Lords for the constitutional reason—which we have often discussed —that it is ultimately the responsibility of the sovereign’s principal adviser to make recommendations and be accountable for them.

I recognise that noble Lords have been interested in these arrangements in the context of recent appointments to the House. Again, here I think one should not be stampeded by comment in the media, nor do I think that we win collectively by throwing stones at each other. We all have houses which have windows in them.

Various proposals have been suggested to reform the present system, including placing the commission on a statutory footing. My noble friend Lord Norton of Louth has presented a Private Member’s Bill, which I believe will give us the opportunity to discuss that issue, if and when it comes forward. I note the contributions of those noble Lords—including the noble Baroness, Lady Hayman—who clearly and consistently make the case for the commission to be on a statutory basis. The commission is there to nominate and recommend non-party political appointments and advise on propriety. We believe that it carries out this role effectively as it is currently constituted. The fact that Members of this House are appointed from a wide range of backgrounds is testament to this, and it will continue to advise on appointments in the same way as it does now.

While the commission’s role is advisory, the Prime Minister continues to place great weight on its careful and considered advice. However, as in many areas, elected Ministers may from time to time take a different view to official advice on balancing the competing issues. More widely, as the Government set out in our manifesto, we are committed to looking at the role of the Lords, but I regret to upset some by repeating our position that any reform needs careful consideration and should not be brought forward piecemeal.

The noble Lord, Lord Campbell-Savours, and others were critical of the role of people in this House who have given money to political parties. Let us not beat about the bush: it is not only the Conservative Party that raises money from private individuals. Peerages reflect long-standing contributions to civic life and a willingness further to contribute to public life as a legislator in the second Chamber. I agree with those who say that participation is desirable but not that those who are not here every day do not make a contribution. Great contributions are often made by those who come occasionally.

I disagree with my noble friend Lord Fowler’s implication. The criticism that individuals are ennobled just because they have also chosen to support or donate to a political party is not right. I will read carefully in Hansard what he said, but I hope he was not saying that no one who supports a political party financially should sit in your Lordships’ House. Donations should be transparent, but that is not an excuse to knock people for broader philanthropy, enterprise and public service, as my noble friend Lord Farmer pointed out.

[Lord Fowler (CB)]

The Minister mentioned me. I said it should not be the formative reason why someone is appointed to this House. Making a political donation should not be an automatic passport into the House of Lords. That is the—I think for most people unexceptionable —proposal that I made.

[Lord True (Con)]

I am surprised by my noble friend’s phrase, “an automatic passport”. If one looks at the record of people who have come in under the rubric he cited, including a noble Lord who is often mentioned here, one will find that they have made extraordinary and large-scale philanthropic contributions to society. One needs to see an individual in the whole and a House in the round.

Volunteering and supporting a political party are part of our civic democracy. Political parties are part of public service. In Britain, taxpayers do not have to bankroll political parties’ campaigning. Political parties have to raise money themselves and follow transparency and compliance rules that are laid out in law. Those who oppose fundraising need to explain how much they want taxpayers to pay for state funding instead.

I must conclude. In time, we will have an opportunity to discuss the favourite topic of my noble friend, as I like to call him, the noble Lord, Lord Grocott. On 3 December there is a debate on the issue that he and others have put before the House in relation to hereditary Peers.

In conclusion, I repeat that the constitutional position in this country is that the Prime Minister is responsible for advising Her Majesty on appointments to the House. The Government do not see the case for changing this. The Prime Minister is ultimately responsible to Parliament and the people for nominations he makes to the House and how he conducts that work. The Government do not plan to establish a committee—

[Baroness McIntosh of Hudnall (Lab)]

We have maybe a couple of minutes in hand before the hour is up, and the Minister is apparently about to sit down. Will he please explain his reference to piecemeal reform as being not desirable? This House has been reformed—or adjusted, anyway—many times in its history, sometimes substantially but always in a piecemeal way. That is how it has progressed. Can he explain to the House what it is about this moment in the history of the House of Lords, and our politics more generally, that makes it not desirable for piecemeal reform to be engaged in?

[Lord True (Con)]

My Lords, the House of Lords has sometimes had relatively small changes and sometimes relatively substantial changes. In the 16th century, King Henry VIII slung out most of the great abbots who used to sit on those Benches over there. I guess the Bishops may go soon, if the noble Baroness opposite has her way and the Green Party comes into office, as it has in Scotland; I do not hope too much for that. In 1999 there was a massive change. Since then we have had a few changes, but I go back to my original position: the House is presently operating well and effectively. I believe we should stop criticising and lacerating ourselves and concentrate on the good work we do.

There will come a time when the great question will be asked: how, in the long term, should this House be constituted? That was implicit in the remarks made from the Front Benches opposite, but for now, the Government do not support or propose further piecemeal change, so we do not plan to establish a committee to explore further the process for appointing Peers. I must disappoint my noble friend, but I am grateful to him and all who spoke in a most interesting debate on the Question today.