House of Lords: Abolition

Debate between Paul Scully and Simon Hart

Monday 18th June 2018 Westminster Hall

[Paul Scully]

Forgive me. The hon. Gentleman is absolutely right, and I will come to that point later in my speech. I was talking about when there were solely hereditary peers. I thank him very much for allowing me to correct the record.

The House of Lords clearly needs to do more, however it is composed, to ensure it is representative of the country, not just by reflecting public political opinion, expressed in general election results, but by having more women and people from ethnic backgrounds. It is interesting to note, however, that both leaders of the two main parties in the Lords are female, and that all three leaders of the main parties are younger than their counterparts in this place. Funnily enough, the House of Lords has done its bit for gender equality by electing its first male Lord Speaker, Lord Fowler. It has a good record of supporting women in the most senior positions, but clearly there is more it can do.

The work of the Lords is not just the legislation debated in the Chamber, but its Committee work. Its Select Committees are formed differently from ours: while ours tend to reflect Departments, its Committees tend to be more cross-cutting. The Science and Technology Committee, for example, makes the most of the House of Lords’ expertise. Essentially, the House of Lords does things that the House of Commons does less of because the time available, and our different political imperatives and priorities, drive us in different ways. However, it should not go beyond its remit, as it clearly has on the European Union (Withdrawal) Bill.

A lot of checks have been introduced over the past 100 years. The Parliament Acts 1911 and 1949 prevent the House of Lords from blocking legislation and money resolutions. It can hold up Bills for up to a year, but the Government can reintroduce them without seeking the House of Lords’ consent at the beginning of the next parliamentary session. Having some tension is no bad thing, but there have to be limits, and the House of Lords has overstepped the limits in this instance.

The Salisbury convention would normally kick in for a measure such as the European Union (Withdrawal) Bill, because, like our pledge to leave the customs union and the single market, it was clearly in our 2017 manifesto. However, that only prevents the Bill from becoming law in this parliamentary Session. There is obviously a timescale issue with the EU withdrawal Bill, because we will leave the EU at the end of March next year, so we have to get the Bill through in plenty of time to ensure we leave in an orderly way. If it is held up for too long or changed beyond recognition, that will affect our negotiating position now and our capacity to leave the EU in an orderly way next March.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

We are in the rather strange and unusual situation of having a two-year parliamentary Session. If we had stuck to the normal protocol of having a one-year session, the Parliament Act could have applied and the blockage could have been removed in time for us to leave the EU in March next year. The Government are at fault for having this extended Session, which has rendered the Parliament Act rather difficult to deploy.

[Paul Scully]

These are obviously unusual circumstances for all manner of reasons. Brexit and the two-year Session are incredibly unusual. I have talked a lot about the fact that, in my view, the Lords have overstepped their remit. The petitioner is not talking about the European Union (Withdrawal) Bill, so I will park that after this point. We need to look at the Bill as a whole. The Lords may be thwarting the Government now, but it depends on how the process finishes. If we can get the Bill into the form originally intended after consideration of Lords amendments on Wednesday and Third Reading, even if it has been amended, which is exactly what the Lords are there to do, as long as it has not been amended beyond recognition and its original remit—there will have been a lot of tension—we will have got there in the end. A lot of the things we do in this place may look odd or arcane to people, but they tend to have a way of working. That is done not just in the Chamber, but through the usual channels and debate and discussion outside the Chamber.

The reforms have been only half completed. The possibility of having an elected Chamber has been mentioned. That is one option. Do we abolish? Do we go elected? Do we have a hybrid system with a mix of elected and appointed peers, or do we keep it the same? I do not think anybody is saying we should keep it exactly the same. We went through the process of looking at an elected House of Lords before my time in this place, and nobody could agree on the detail. Although there was a lot of sympathy for having at least an elected element of the House of Lords, no one could say what percentage it should be and how long the terms should be. That is one reason why it did not go through. It will take a lot of parliamentary time—I am interested to hear what the Minister has to say about this—if that proposal were to come back to us. What could we agree on and coalesce around?