House of Lords (Hereditary Peers) Bill

Debate between Patricia Ferguson and John Hayes

Committee of the whole House
Tuesday 12th November 2024 Commons Chamber

[Sir John Hayes]

I will try to be helpful to the hon. Gentleman because he is a new Member. We all learn something every day here, and when a Member has been here for 27 years, unless we are entirely stupid we learn a great deal, so I have picked up one or two things. The critical frailty in his argument is the difference between authority and influence. Of course it is true that the King grants Royal Assent to the Bills that we pass and so they become Acts, but the very business of him granting Royal Assent reinforces his authority, and the fact that he has a personal audience with the Prime Minister on a weekly basis, which is more than the hon. Gentleman ever will and more than I do, suggests that his influence over our affairs is considerably greater than that of most of the people elected here. It is quite wrong to suggest that the monarch does not exercise political influence and thereby political authority.

I also spoke about continuity. The importance in our constitutional settlement of the continuation of the role of the House of Lords is that it provides a degree of continuity. Members have talked about what is time-honoured and cast that aside as though it does not matter. What is time-honoured counts because it has been honed by generations of people, not merely decided upon by one group of people at one point in time.

I heard another speech which criticised birthright. If I stood here and said it was the birthright of every Briton that habeas corpus prevails, or if I said it was the birthright of every subject of this kingdom that they can speak and think and act freely, everyone would feel that it was entirely right and proper for me to make those pronouncements, yet birthright has been criticised in this Chamber as if it was nothing.

[Patricia Ferguson (Glasgow West) (Lab)]

The point is that the birthrights the right hon. Gentleman describes are available to all of us, whereas the birthrights we are talking about are restricted to very few people, some of whom have inherited them from a point that is literally in the history books and is so far back, and the contribution is so archaic now, that it really means nothing. We have to be realistic about this, and that is why we are looking at the hereditary peers first.

[Sir John Hayes]

Some of the things which we inherit by birth are indeed universal—universal in the sense that all Britons enjoy them. They are not of course universal in the sense that those across the world enjoy them; they would love to enjoy many of the freedoms that we had earned over time due to those who came before us. As the hon. Lady said, these things go right back. The evolution of our constitutional settlement is rooted in history and shaped over time—it evolves.

And it is right that the House of Lords evolves too, so I am not against Lords reforms per se. There is a case, for example, for saying that attendance matters in the House of Lords. We do not have an amendment to this effect, but it would be perfectly reasonable to agree that those appointed to the House of Lords as life peers who never attend or attend very rarely give up their right to do so. That would seem to me to be a perfectly reasonable and measured reform of the House of Lords, and it would cut the numbers dramatically, because although we are frequently told the House of Lords has many hundreds of Members, those who regularly vote in Divisions tend to be drawn from the same group on both sides of that Chamber.

There are sensible reforms that could be made to the House of Lords, but this reform delivers neither in terms of legitimacy, for it makes the House of Lords no more democratic, nor in terms of efficacy, because it makes the House of Lords no more effective. One is tempted therefore to assume that it is prejudice dressed with spite that lies behind this proposal, and I find that hard to believe given the high opinion that I have of the two Ministers sitting on the Front Bench.

--- Later in debate ---

[Patricia Ferguson]

rose—

[Sir John Hayes]

I will give way one more time to the hon. Lady and give her a second bite of the cherry.

--- Later in debate ---

[Patricia Ferguson]

I am grateful to the right hon. Member for taking the intervention. I struggle to understand what the Conservative party’s line is on the Bill. It would appear that he disagrees with a number of his colleagues. At the end of the day, how will Conservative Members vote?

[Sir John Hayes]

That is a matter for those on the Front Bench. I see members of the Conservative Whips Office in their place and I see my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) sitting behind the Dispatch Box. These days, I am merely a highly regarded, distinguished and senior Back Bencher. [Laughter.] The days when I had any say in how the Conservative Opposition—or in previous times the Conservative Government—chose to vote in Divisions are gone, but they are not gone forever; this is only a sojourn on the Back Benches. I want to make that perfectly clear.

Let me return to my principal theme, which is that of authority. The authority of this House is partly born of its relationship with the other House. Were the other House to become elected, its authority would by definition grow and our authority by comparison diminish, so I am strongly opposed to an elected second Chamber. While I accept the principled argument of the hon. Member for Perth and Kinross-shire and others, it is not for me. There is also the matter of the authority of our constitution. Our constitutional settlement, which we have rehearsed briefly in the debate, is dependent on that relationship, but also—I think it is fair to say—on reforms of this kind being measured.

It might surprise Members to hear that last night, I was looking at a short book written by Hilaire Belloc and Chesterton. That book, which is available from the Library of the House, rehearsed the arguments that prevailed at the time of the debate on the Parliament Act—it was then the Parliament Bill—in the House of Commons. It might surprise right hon. and hon. Members to learn, as I learned last night, that when Asquith introduced those changes—when the House of Lords rejected Lloyd George’s Budget and it became necessary to curb the powers of that House—rather than rushing to legislate, he set up a conference between both sides of the House to determine a compromise. Belloc, as Members will remember, was elected as a Liberal MP. He parodied that process and said that what came out of it was no better than what went into it. None the less, it was an attempt, at least, to reach a settlement in a dignified way on how we might reform the second Chamber. [Interruption.] It did take two elections. It took the 1906 election, as the Paymaster General will know, when the Liberals triumphed. I wonder whether he wants to intervene on me to sharpen up the history.