House of Lords Reform: Lord Speaker’s Committee

Patrick Grady Excerpts

Wednesday 15th November 2017 Westminster Hall

[Tommy Sheppard (Edinburgh East) (SNP)]

I beg to move,

That this House has considered the report of the Lord Speaker’s Committee on reform of the House of Lords.

It is a pleasure to serve under your stewardship, Mr Howarth, for what I hope will be a scintillating debate. I say at the outset that none of what I am about to say should be taken as a slight or criticism on any individual Member of the upper House. I have, in my limited time in this place, worked with many of them in all-party groups and on various campaigns where we share the same objectives, and I have found them, to a man and woman, to be people of integrity and ability and to exude a commitment to public service.

That aside, the institution of the House of Lords is fast becoming a national embarrassment. It is something we urgently need to address. The House of Lords is the largest legislative assembly anywhere in the world, with the sole exception of the People’s Republic of China. It is an institution where no one is elected by the wider citizenry, and it is accountable to no one. It is staggeringly unrepresentative of the population at large: only 26% of its Members are women; 44% of its Members live in London and the south-east of England; and 56% of its Members are older than 70 years of age. That is an institution that in no way reflects contemporary society. It is also an expensive institution, costing almost £100 million for every year that it operates, £20 million of which goes on the expenses and stipends of the Members who serve in that Chamber.

We are fast approaching a situation where the legitimacy and credibility of the House of Lords will be in crisis. Unless we do something about it, that crisis of credibility will extend to us as well by implication.

The Parliament Act 1911 first established that the House of Commons, the elected Chamber of this Parliament, should have primacy over the House of Lords. The preamble of that Act noted that the intention was to introduce

“a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation”.

For the 106 years since the passage of that Act, we have argued about how to make the upper House a popular and democratic institution. For most of that time, the argument has been led by this Chamber—elected Members representing the people—which has argued for shining the flashlight of democracy into the darker recesses of our Parliament. What we have today, however, is something quite remarkable. We have a situation where the Government of the day have said publicly that they will not countenance any reform of the upper House; they do not have the time or inclination to consider those arguments.

In frustration, Members of the upper House themselves have got together to beg the case for reform. That is a remarkable volte-face from the arguments we have had for over 100 years. I hope that the Minister, when he concludes, feels just the slightest sense of embarrassment at the situation. Here we are contemplating reform of the House of Lords not because of any motion or suggestion from an elected Member of the House of Commons but because the House of Lords is asking us to take action to try to salvage its credibility and reform its institution.

[Patrick Grady (Glasgow North) (SNP)]

I congratulate my hon. Friend on securing the debate and on his contribution. Does he not think that one of the main reasons why many Members of the House of Commons are reluctant to push reform of the House of Lords is that they want to end up there? They see it is quite a cushy retirement number, rather than seeing any practical function that a second Chamber might offer. We should be proud of the Scottish National party’s long-standing tradition of not taking seats in the House of Lords.

[Tommy Sheppard]

I agree. It is inconsistent for someone to say they wish to abolish an institution but then prop it up by serving in it and trying to enhance its credibility. That, however, is a political contradiction that others will have to wrestle with. I am glad to say it is not one my own party faces.

--- Later in debate ---

[Patrick Grady (Glasgow North) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I am grateful to have caught your eye. I was not originally on the list of speakers, but the spirit has moved me—in fact, the Spirit rover, which has landed on Mars. We heard an eloquent speech from my hon. Friend the Member for Edinburgh East (Tommy Sheppard), who made the case for the red planet to be represented on the red Benches. There is a great tradition of noble Lords taking their seats as a result of colonial expeditions or military victories overseas, so when humanity colonises Mars, perhaps we will see Lord Sheppard of Olympus Mons. Indeed, if artificial intelligence progresses at its current rate, we will see—

[Mr George Howarth (in the Chair)]

Order. The hon. Gentleman is making a fascinating analogy that he picked up from his colleague, but I hope he will not take it too far. We do not yet consider the House of Lords to be in outer space.

[Patrick Grady]

Thank you, Mr Howarth. I think the point is made—the point being that my hon. Friend the Member for Edinburgh East would not take his seat even if he led a colonial expedition, because SNP members do not take their seats in the House of Lords.

I want to offer a couple of reflections on why I agree with the cases being made for significant and rapid reform. A number of Members have spoken about the contribution that Members of the Lords make to all-party parliamentary groups and so on, with their vast experience. I agree. I have met many learned and distinguished Members on those groups, but a lot of that happens behind the scenes, outwith the scrutiny and shining light of the main activities in the Chamber. To me, there is an issue with that, because it enhances in some ways the lack of accountability.

Many of us, as Members, find that we have massive competing pressures on our time. Our first loyalty, of course, is to our constituents—the people who put us here. I often find myself leaving all-party groups or whatever else it might be because there are important constituency matters to attend to or matters to attend to in the Chamber or here in Westminster Hall. However, Members of the House of Lords can just take their time over these things.

There is an insidious back-room politics that is not seen. The system of lobbying while voting in the Lobby, as we were doing last night for many hours, also goes on in the House of Lords. People cannot watch that on television, but Lords can nobble noble Ministers and all the rest of it. We have to bear that in mind as part of the accountability question.

The key thing I want to ask the Minister about is article 3 of protocol 1 to the European convention on human rights, which is on the right to freedom of elections. It states:

“The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.”

My question to the UK Government is: are they satisfied that we meet that criteria? Are we compliant with our obligations under the ECHR? The fact remains, as has been ably demonstrated by Members across the Chamber today, that the vast majority of legislators in this country are not elected. It is no wonder that some Brexiteers are so desperate to get out of the EU and the ECHR. I think they can see this coming. I have heard it mocked as conspiracy theories by the Brexiteers, but I think they are well aware that if we did somehow try to get back into the European Union after Brexit, we would be incompatible with the requirements of that charter. That is the significant question I put to the Minister.

I congratulate the right hon. Member for Delyn (David Hanson) on his private Member’s Bill. I notice that it is fourth or fifth on the Order Paper for that day, which is sadly yet another corruption and defect of the system we have here. The chances of him airing the Bill’s Second Reading are incredibly slim, but I hope the Government will see the sense of it and the opportunity it presents to bring forward reform of the House of Lords.

--- Later in debate ---

[Chris Skidmore]

Following on from my key point about consensus, the history of Lords reform shows us that if proposals are to be effective and stand any chance of succeeding, they will need to command a consensus across the House of Lords. The Government want to listen closely to what peers have to say in response to the report. I believe that before the Government set out their position, it is important to test the mood of the House of Lords on the proposals to see whether a consensus will emerge.

On the question asked by the hon. Member for Crewe and Nantwich, the Government will make time for a debate in the Lords, and I can say today that it will take place before Christmas. I hope this debate provides material for the Lords to consider. It has been incredibly timely, given that the Lords will debate this issue in the other place before Christmas. The Government look forward to that debate.

[Patrick Grady]

I apologise if I missed this, but I do not think I heard the Minister answer my question about the compatibility with the European convention on human rights. If that is complicated and he wants to write to me, I will be happy to receive a letter.

[Chris Skidmore]

I am grateful to the hon. Gentleman for flagging up the point he raised, because it was remiss of me not to touch on that detail. The House of Lords fulfils its constitutional position in scrutinising legislation and holding the Government to account, but it remains subordinate to the will of the Commons, whose Members are democratically elected. It is important that that prevails, but on his point about the legal framework in relation to the ECHR, I am happy to write to him. I assure him that he will receive a detailed letter from me setting out the Government’s answer to the finer points of his question.