House of Lords (Hereditary Peers) Bill

Lord Wallace of Saltaire Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, in spite of the fireworks we have occasionally had from the Conservative Benches, this long debate has shown some elements of agreement about where we go from here, and I hope we will pick those up and take them further.

I will be very sorry to lose the noble Baroness, Lady Quin, with whom I have worked on many things for many years. I welcome the noble Lord, Lord Brady, who may remember that we first met 20 years ago, when the temperature was dropping from minus 10 towards minus 20. He had not brought a hat with him, and I lent him mine. We look forward to cross-party working with him, as we all do here.

When I was appointed to this House three years before the 1999 reforms, it was in many ways a club. The Conservatives were the dominant party, and the hereditaries were the dominant element within the Conservative group. One Tory life Peer told me that his hereditary colleagues referred to their lifers as “the day boys”. Public school people will know exactly what that means. It has changed a lot since then; it has become much more serious. The Cross-Benchers work infinitely harder than they did then—so do we all. It has become much more clearly a working House, and there is now clearly a consensus that Peers are expected to pull their weight, and that those who drop in only occasionally do not deserve their place in the House. However, its reputation outside remains poor and its work is little understood there.

We on these Benches are disappointed at the modesty of the Bill. We want to hear from the Lord Privy Seal what the Government plan to do next. What we most wish to hear from her is a commitment that, within this Parliament, there will be further measures along the lines agreed across the House, and that those will be carried through. That will make the passage of this very modest Bill much easier.

I am astonished at the obstinacy and self-denial—and occasional hysteria—on the Conservative Benches. There is constructive opposition, and there is obstructive opposition. I fear that we are faced with what may easily slip into very obstructive opposition. The Conservative manifesto of 2010, nearly 15 years ago, said:

“We plan to work to build a consensus for a mainly-elected second chamber to replace the … House of Lords”.


We have not got very far with that. After cross-party negotiations had successfully been agreed in 1999, the White Paper stated that

“For the transitional House, the Government will ensure that no one political party commands a majority in the Lords. The Government presently plans to seek only broad parity with the Conservatives”.


As has been remarked, the number of Labour Peers did not pass that of the Conservatives until 2005. The elephant in the Chamber is that there are now over 100 more Conservative Peers than Labour, and I hope that the noble Baroness, Lady Finn, as she winds up for the Conservative side, will at least address that elephant and recognise that it is there, and that it is one of the underlying motivations for doing this first and only before we move on to other things.

We know why: Boris Johnson, as Prime Minister, broke the 1999 agreement. Let us be clear when we are talking about who broke what. Indeed, the last Conservative Government broke a whole host of constitutional conventions. You have only to read Tim Shipman or Anthony Seldon to know just how bad it was. Conservative Ministers in that Government have to take responsibility for what went wrong. The noble Lord, Lord True, was a Minister of State in the Cabinet Office for the first two years, and thereafter was a Minister in the Cabinet. To call now for consensus, when the Conservatives did not pursue consensus in any way in the last five years, is, to say the least, a little odd. Conservatives must take responsibility for what went wrong and recognise that, if we are talking about rebuilding public confidence in our constitution, they have to start from where they were.

The noble Lord, Lord Swire, called for a constitutional convention. The 2019 Conservative manifesto promised us as a convention on the constitution, to explore

“the broader aspects of our constitution”.

I remember that the noble Lord, Lord True, tried to explain to us on a number of occasions in the years since why the Conservative Government had not actually done anything about that. Now they are out of office, they would like the Labour Party to do it instead. Perhaps there will be consultations in which we will reach some agreement as to where we go ahead. I remind the Conservatives that in this election they received 23.7% of the vote and that they have only 121 MPs in the other Chamber. That does make it difficult to justify a Lords group getting on to 40% larger than their group in the Commons.

The language in this debate has been quite extraordinary. The noble Lord, Lord True, talked about class war; the noble Lord, Lord Forsyth, talked about political assassination. We had “sheer vindictiveness”, “political spite”, “despicable, intemperate and reckless”, comparisons to Pride’s Purge in the midst of the Civil War, to Animal Farm, and even to communist dictatorship. Above all, we had “gerrymandering”. I am not quite sure what that means, I think it means fixing the election, in this case, for your advantage. The fixing that went on was to add the extra 100 Peers in the last Parliament. We are going to unfix that, so let us all discuss it and have some consultations. Of course, consultations require compromise on all sides; they do not simply require the rest of us moving towards the Conservative position.

We have heard quite a lot about the romantic image of the hereditary peerage. Those of us who have watched “Wolf Hall” have heard about the Courtenays causing trouble for Henry VIII. I am sure they caused trouble for Elizabeth I and James I as well. As I have looked around at hereditary peerages, I discovered that a Camoys commanded the left flank at Agincourt, and that the first Lord de Clifford was killed at Bannockburn. I wish I could say that it was a Wallace who was responsible for that, but unfortunately the most distinguished Wallace was killed by the English nine years before.

Since the end of the 17th century, and certainly since 1714, all hereditary peerages, and now life peerages, have been a matter of prime ministerial patronage. As Prime Minister, Walpole produced so many new peerages that the first Bill to cap the size of the House of Lords was introduced in 1719—it did not get very far. Under Gladstone and Disraeli, two-thirds of those appointed to the upper House were former Members of the lower House. That is, again, political patronage. In the House of 1958, the clear majority had been appointed since 1900.

The difference between the lifers and the hereditaries is that the lifers were appointed by the current Prime Minister under patronage, while the hereditaries were appointed by a previous Prime Minister’s patronage: that of Lloyd George, Churchill, Attlee or Eden. The noble Lord, Lord Strathclyde, whose grandfather was appointed by Anthony Eden, was one of the last hereditaries. Had the noble Lord’s grandfather been appointed to the House of Lords five years later, he would probably have been made a life Peer. We would have been deprived of the wonderful lectures that the noble Lord, Lord Strathclyde, has given us over the years on the importance of the House not standing up to a Conservative Government when there are a Conservative Government in power. The noble Lord, Lord Moore, said that the Lords has been ridiculed more since 1958 than before. I recommend that he reads Lloyd George’s speeches of 1910-11, or even Lord Rosebery’s speeches of 1894-95, when he was proposing the abolition of the House of Lords.

We are asking the Government to move forward with the next stage of reform and to consult us on what it should be. The consensus in the House is fairly strong. We want to talk about term limits or age limits. I am older than President Biden, so I think that age limits might be a good thing. Biden clearly went on for too long, just as Gladstone, who was Prime Minister into his 80s, went on for too long—he should not have done.

There should be a separation of appointments to the second Chamber from honours; HOLAC should have much greater powers to disapprove of nominations; there should be agreement on a formula for the balance of new appointments, and there should be something on improving the regional and national balance.

Above all, we have to remember how we look to the outside, as the noble Lord, Lord Kerr, and the noble Viscount, Lord Thurso, have said. How do we look to our disillusioned public? All the opinion polls show that the British public are more disillusioned with national politics than any other democratic country except the United States. They also show, as my noble friend Lord Newby pointed out, that a clear majority believe that an elected House would be preferable to the current one. Only 25% of Conservative voters have a positive view of the Lords as it is now. For Labour, Liberal Democrat and Reform voters, the figure is much lower.

Everything we do on this Bill—and how long we spend on it—has to take the broader public issue into account. We and the Commons have to regain the public’s trust. That means being not a club but a working House. We have a job to do, and we should pursue our reform in that constructive context, with constructive opposition on all sides.