House of Lords (Hereditary Peers) Bill

Richard Holden Excerpts

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Nick Thomas-Symonds]

In a moment.

It is not right that what was seen, even in 1999, as a temporary arrangement should persist any longer. This Government were elected on a manifesto that was explicit in its promises that we would bring about immediate reform by removing the right of hereditary peers to sit and vote in the House of Lords. The Bill has a tightly defined objective, and a clear focus and aim that delivers on that mandate.

[Mr Richard Holden (Basildon and Billericay) (Con)]

The Minister talks about piecemeal reform and says the argument is stale, but surely the really stale argument is Labour’s. The Labour party came into government with an enormous majority and wants to reform the House of Lords, so why does it not get on and do it? Why do the Labour Government not set out some cross-party work that we can all get involved with, and introduce proper reform measures, rather than just tinkering at the edges, as the Bill does, for pure political advantage?

[Nick Thomas-Symonds]

Who exactly speaks for the Opposition? Who knows. Rather than put that point to me, the right hon. Gentleman should take it up with the right hon. Member for Hertsmere (Sir Oliver Dowden), who proposed the amendment. Do the Opposition have any coherent position left?

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[Sarah Olney (Richmond Park) (LD)]

The Liberal Democrats have been calling for reform of the House of Lords with a democratic mandate for decades. The Bill is a welcome step forward, and one that we support. These measures are long overdue, and we are grateful that they have been introduced so early in this Parliament. Fundamentally, we Liberal Democrats do not believe that there is space in a modern democracy for hereditary privilege. The last significant reform of our second Chamber was introduced years ago. Although we would ultimately like to see a fully democratically elected upper Chamber, this legislation is a very welcome step to modernise the upper House.

In maintaining the right of hereditary peers to sit in our legislature, we are one of only two nations in the world in which membership of a second Chamber is decided by virtue of hereditary privilege. The principle of inherited membership of the other place is deeply antiquated, and we welcome the Government’s move to remove that ludicrous practice. Reform of our upper Chamber has been a long-standing Liberal Democrat policy. In fact, our stance on reform of the second House outlives many of the historically significant peerages that the current hereditary peers establishment maintains. Forty-nine per cent of the current hereditary peerages were created in the 20th century, while only 29% of hereditary peerages predate the 19th century, and the most recent were created in 1964—post-dating the Life Peerages Act 1958—so this legislation does not wash away our history or destroy tradition. The statistics alone should dissuade any argument about upholding of heritage. This reform is simply a move towards a more democratic form of politics. We must do all we can to restore public trust in politics.

[Mr Holden]

How can the hon. Lady call it “more democratic” to have a purely nominated Chamber?

[Sarah Olney]

Regrettably, the right hon. Gentleman has not been listening to what I have been saying. Liberal Democrat policy is to have an elected second Chamber. We welcome these measures as a step towards a democratically elected Chamber.

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[Gareth Snell]

I thank the right hon. Gentleman for his support. There will be more legislation. I am not a Front Bencher, but I know, because our manifesto said that we were committed to further reform, that that time will come. I am sure that there will be legislative time and that he will have an opportunity later in the debate to put the question to Labour Front Benchers directly, or perhaps to table a business question for a Thursday morning.

To draw my comments to a conclusion—

[Mr Holden]

Will the hon. Gentleman give way?

[Gareth Snell]

I would rather not, if that is okay—anyone else but the right hon. Gentleman. He was only 10 votes away from potentially getting a peerage himself, so perhaps for that reason he may not want to comment on the appointment process.

[Mr Holden]

The hon. Gentleman has had a nice laugh at my expense, but he knows what it is like to lose an election and to move seats. He made a good point about the Labour manifesto including the removal of hereditary peers, but as my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) made clear, the same paragraph includes the introduction of a retirement age at 80. Will the hon. Gentleman welcome any amendments to introduce that in this legislation?

[Gareth Snell]

Again, I am surprised I have to explain to the right hon. Gentleman how legislation works. A Government do not legislate on their whole manifesto in one Bill at the beginning of a Parliament. Those on my party’s Front Bench have said, and I fully accept that this is the right way to do it, that there will be a sequence of reforms over time, starting with the expulsion of the hereditary peers. That is the simplest way to start this process, allowing time and space for considered debate about the other proposed reforms that were in our manifesto and were supported by the British people.

In conclusion, all this Bill does is seek to end a 27-year anomaly that first came about when the Conservative party objected to previous reforms. By voting for it tonight, we can start to right that wrong, and we can start ourselves on a process of reform of the House of Lords. I look forward to welcoming all my new reforming friends to join us in the Aye Lobby this evening.

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[Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)]

It is a great privilege to follow such a moving and strong maiden speech by the hon. Member for Knowsley (Anneliese Midgley). I could tell by how she spoke with such passion about Knowsley that she will always be a fierce advocate for her constituents, and make sure that their priorities are properly heard in this House and that the Government do everything they can in order to address them. There is a connection between the constituency I represented for 14 years and hers, as I had the great privilege of representing many of the Jaguar Land Rover workers at the engine plant, which fell within my former constituency prior to the boundary changes. It goes to show how important it is that we always work across parties in pursuit of our common interests, because the success of so many great engineering firms, such as Jaguar Land Rover and BAE Systems, has an impact on all our constituencies. I look forward to working with the hon. Lady on many shared issues in the future.

This debate is an interesting one, because it offers the Government and this House the opportunity for real change—maybe I am like some of the people who read the Labour manifesto and believed that it was actually going to deliver change. The manifesto has an enormous number of pictures of the Prime Minister with a fine range of clothing provided by Lord Alli—32 pictures, I believe. Certain aspects of it give me real enthusiasm, and one is about constitutional reform. I appreciate that constitutional reform is probably not the thing that drove many people to vote one way or another, but it is a very important part of what the manifesto says. It sets out some important areas of change and reform.

However, when we look at what the Government have brought before the House, we see that this Bill is not about radical change. It is not about trying to take the opportunity that has been talked about many times in the past, including by the coalition Government and the previous Labour Government. We have already heard about the history over many decades or even a century. Reform and change have been promised but not delivered, and I cannot help but feel that this is such a moment. The Paymaster General will know that parliamentary time is always scarce. We love to think that it can be manufactured, but he will know that he will not get many opportunities to bring forward legislation on the House of Lords. Indeed, I would expect this to be the one and only time he gets to bring forward such legislation.

On the composition of the House of Lords, the scope of the Bill is very wide, and I would argue that that opens the opportunity to take a slightly more radical step forward in this legislation. I have rarely been referred to as a Tory radical—I put this down to my socialist roots and my socialist family—but I feel that more can be done here. I want to speak on a number of areas. The first, which is particularly important to me, is the injustice of the fact that there are 26 bishops in the House of Lords. An Anglican could say, “Well, they are representing me well”, but I think it is fundamentally wrong that my children, who are Catholics, have no form of representation in that Chamber. Yet the Government will not eradicate this injustice. How can it be right that legislation that was passed in the 19th century is not looked at afresh? Why are English bishops allowed to sit in the House of Lords but not Scottish, Welsh or Northern Irish bishops?

[Mr Holden]

My right hon. Friend is making a fantastic point. He will know that it was in the Tudor era that reform of the House of Lords started, when the majority of bishops were removed, leaving these 26. The Paymaster General made a point about reforms not having been properly continued since 1999, but actually, when we are looking back to the 16th century, we can see that some of these reforms really need to catch up with modern times.

[Sir Gavin Williamson]

Indeed, and I want to encourage the Paymaster General. He has the potential to be known as a great reformer of the Labour party—he will write books about himself in the future—but he needs to be brave. He needs to be bold. I know that he can persuade his friends in the Whips Office to be bold. Fundamentally, we have a big opportunity. There is an unfairness. There is an injustice. So many people of so many faiths, and so many people of no faith at all, see that there are 26 bishops in the House of Lords. They do not reflect what the United Kingdom looks like today, so if the Government are not willing to table an amendment, I will table an amendment to remove those 26 bishops from the House of Lords.

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[Mr Richard Holden (Basildon and Billericay) (Con)]

I am grateful to be called in this important debate. I have a little bit of experience of this issue, having served as a special adviser in the House of Lords, working with the now Leader of the House of Lords when she was on the Opposition Front Bench. I also worked with Baroness Stowell of Beeston and as special adviser to Baroness Evans of Bowes Park, as well as with some hereditary peers, including Freddie, Lord Howe and Patrick, the Earl of Courtown. It is important to acknowledge, as many Members have, the service that all Members of the House of Lords give to our country.

Ministers perhaps did not understand exactly where I was coming from when I intervened earlier, but my point has been made by Members from across the Opposition Benches. Why go for piecemeal reform when the Government have the space to ask the country what it wants? Why not put something forward with the legislative time available, as my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) said? We could have a proper debate, as the hon. Member for Boston and Skegness (Richard Tice) said, on the future of the country.

[Gareth Snell]

The right hon. Gentleman has made a number of contributions this afternoon and I have listened to them all, but I am not clear whether he supports the removal of hereditary peers from the House of Lords. Perhaps before he concludes his speech he could put it very clearly on the record whether he supports the principle of removing hereditary peers.

[Mr Holden]

I thank the hon. Member for his question. I do support their removal, but as part of a broader package of measures. I think that is the issue at stake today which Members on the Opposition Benches are concerned about. This piecemeal reform, which will remove people who are there by an accident of birth, will leave people in the House of Lords who are also there by accident or, in the case of bishops, by faith. It will leave the issue the public are perhaps most concerned about, which is pure patronage. Those two issues have been left totally to one side in the speeches made by Government Members. If we are to look at this issue properly, we need to look at it in the round.

We have had piecemeal change over the last few years. I was working in the House of Lords when voluntary retirement was introduced. That was built on many measures over the years, including the Life Peerages Act 1958, which was passed by a Conservative Government. If we are going to consider changing the situation in the House of Lords and what it is going to be, other conventions will be called into question. Surely it would be better to deal with the whole issue and get it right, than to have to legislate two or three times, or make further changes down the line? Why not get something that the whole House and the country can have a proper debate on and reach proper agreement, and then legislate in one piece?

[Dave Robertson]

I am taken by the right hon. Gentleman’s talk about getting it right, which was a phrase also used by the previous speaker, the hon. Member for Boston and Skegness (Richard Tice). They both suggest taking the time to get it right, but surely that is what the Government are committed to doing. The Government are committed to the removal of hereditary peers, as was made very clear in the Labour party manifesto that was so widely supported across the country. Wider reform of the House of Lords should surely be subject to consultation, not just with people in this place but around the country. Surely, if we are to get this right, we need to take time over the consultation.

[Mr Holden]

I totally agree with the hon. Member. It is interesting that the Bill has not been subject to the pre-legislative scrutiny that would normally come forward, because of the broader implications for the second Chamber. I want it done properly, as a full package. I do not think slice-by-slice reform is what the country wants. I have some sympathy with those on the Liberal Democrat Front Bench who see the Bill as a step in the right direction, but I fundamentally disagree with them. We need a full package of reforms to see where we wish to end up.

[Gareth Snell]

rose—

[Andrew Rosindell]

rose—

[Mr Holden]

I will make a touch more progress before I take another intervention from the hon. Member for Stoke-on-Trent Central (Gareth Snell), but I am happy to give way to my hon. Friend.

[Andrew Rosindell]

My right hon. Friend is making some extremely valid points. I agree with him that if there is going to be change, it should be done altogether, but I am slightly concerned by the radicalism of this measure. I did not find that anybody on the doorsteps in Romford actually wanted to make this such a big issue and radically change our constitution. Did he find that in Billericay?

[Mr Holden]

I certainly did not find it in Basildon and Billericay—or in Romford when I visited it with my hon. Friend, or, indeed, in other seats across the country—and I think that our constituents will be slightly baffled. When it comes to a big piece of constitutional reform, why should this Government want to come forward with, potentially, a multiplicity of different Bills throughout the current Parliament, rather than putting something to the public to have a look at now, and then having a look at it right at the end? What constituents have been mentioning in recent weeks and months is their concern about the winter fuel payments or about what might be in the Government’s new Budget, particularly the jobs tax, which they fear will hit jobs throughout the country.

[Gareth Snell]

Will the right hon. Gentleman give way?

[Mr Holden]

I do not want to take up too much of the House’s time, so I am trying to reduce the number of interventions that I take.

My hon. Friend the Member for North Dorset (Simon Hoare) hit the nail on the head when he said that this was a proper missed opportunity, but my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) made some important points. As he said, when we legislate we have to do so carefully, because we are fundamentally changing the nature of what we are looking at. Proper reform has been wanted by generations of politicians on both sides of the House, but particularly those in the Labour party. I do not understand why at this stage, with such a large majority and with time on their side, the Government are not seeking to put those changes through properly.

[Gareth Snell]

rose—

[Mr Holden]

I will give way again.

[Gareth Snell]

I thank the right hon. Gentleman. Perhaps I can help him. As a former special adviser in the House of Lords, he will know that carrying out reform in that House is incredibly complex. There appears to be a general consensus across all parties in this House on the eradication, or rather the expulsion, of the hereditary peers. If it were part of a larger combined bid, the right hon. Gentleman would risk losing that principle, because there would be more for us to fall out over and disagree on. Inevitably, his party would vote against it in Committee and on Third Reading, which would leave the whole package potentially at risk.

[Mr Holden]

I think that the hon. Member is missing my point. We have to see this as part of a package. Lord Irvine spoke about it in 1999. The hereditary peers were being kept there as the stone in the shoe, and should not be removed until the wider reform was settled. The Government have a very large majority in this House. They can certainly get stuff through if they wish, and I urge Ministers to consider that comprehensive reform. I understand what the hon. Member is saying—why not do it slice by slice?—but I think that the entire point of the hereditaries being there shines a light on the greater issues we are facing in the House of Lords, as was mentioned earlier by, for instance, my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) when he was talking about the religious Members of the Lords. If we are going to do a package, let us do a proper package.

It also concerns me that, having proposed a retirement age in their manifesto, the Government are apparently not seeking to legislate on that now. Why not? The scope of the Bill in relation to membership of the House of Lords is clearly wide enough for the purpose. In the Canadian upper House, for instance, the retirement age is 75, and in this country there is a mandatory retirement age of 75 for judges. I should be interested to hear from Ministers how they can justify a mandatory retirement age of 75 for those who interpret the law, but cannot justify it for those who make the law—not democratically elected, as Members well over that age have been in this House, but appointed. That is where the similarity with judicial appointments comes in. If the Bill is passed, Members of the House of Lords will be purely appointed. Obviously, there is already a retirement age for Lords Spiritual.

[Mr Jonathan Brash (Hartlepool) (Lab)]

The right hon. Member has made repeated references to the grand package of House of Lords reform that he would like to see. My hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) has already highlighted the problem, but we have seen it historically. In the coalition Government, the Liberal Democrats put forward their historic package of reform, and it was the Conservatives who put the bullet in it, because they did not agree with everything in it. Surely it is much better to get done what we all agree on than to present a package of reform that ends up dying at the hands of those who disagree with it.

[Mr Holden]

The hon. Member makes an interesting point. I know there have been fractures in Downing Street recently, but I do not think that anybody would suggest that the Labour party, with a majority of over 170, is a coalition in the same way that the Conservative-Lib Dem coalition was between 2010 and 2015. The Government have the time and space to introduce change. The key point is that it has to be part of a package, which is what Lord Irvine said in 1999.

[Tom Hayes (Bournemouth East) (Lab)]

Our majority is 174, but who’s counting? As far as I can tell, the Conservative party’s manifesto did not mention House of Lords reform—I may have missed it, so I apologise if it did mention that. Could the right hon. Member please tell me the Conservative thinking on House of Lords reform? A big package of House of Lords reform has been mentioned, but I am not any clearer about what that might entail.

Reading the 1999 debate on the House of Lords reform that was pushed forward by the Blair Government, I was struck by the fact that many Conservative Members opposed that reform on the basis that it did not go far enough. Is the call for further reform actually a smokescreen to do nothing and, therefore, to preserve the hereditary principle? All of us, including the right hon. Member, would agree that we should eliminate that principle.

[Mr Holden]

What we are discussing today is a policy of the Government. My party is in opposition, because its manifesto was rejected by the public at the last general election. We are discussing a policy of the Government and what was in the manifesto on which the hon. Gentleman stood. It will be interesting to see whether he and others will back the manifesto on which they stood if amendments are tabled by the Opposition. We will have to see about that over the coming weeks.

[Gareth Snell]

Will the right hon. Member give way?

[Mr Holden]

Not again.

Currently, Members of the House of Lords are there by birthright or appointed by God, as it were, or the Prime Minister. The Prime Minister is going to pull out the hereditary peers, so it will just be him and God appointing people if this legislation goes through unchallenged. Putting even more power in the hands of the Executive—they have a majority of 174, as the hon. Member for Bournemouth East (Tom Hayes) said, although some of their Members come and go at the moment—is a really dangerous thing to do, and we are not looking at the comprehensive package of reform that was promised.

Labour Members have talked about things that happened 25 years ago, when I—even though I might not look it—was still in short trousers. We need to reflect on the fact that this is a very different time from then. I hope that those on the Government Front Bench will consider what those on the Opposition Front Bench have mentioned today and look at the broader package, rather than looking at this issue in isolation, because they have the time and space to do so. I think the public would like to see a proper package brought forward, and the Government should concentrate on the people’s priorities, which are the cost of living and taxation.

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[Ellie Reeves]

What I am interested in is whether the right hon. Member, with his new radicalism, will be voting with the Government tonight.

The Government are committed to House of Lords reform and the Bill is the first step in that process. It has been said by Opposition Members that the introduction of the Bill breaks a commitment made in 1999 to retain the hereditary peers in the House until the second stage of House of Lords reform has been completed. That agreement, to the extent that it was ever binding, was not entered into and does not bind this Government. It is not right that a discussion between political parties a quarter of a century ago should still somehow mean that it is illegitimate for the Government to bring forward the Bill today. This Government were elected on a manifesto commitment to bring about immediate reform by removing the right of hereditary peers to sit and vote in the House of Lords. It is right that we take time to consider how best to implement our other manifesto commitments, engaging with peers and the public where appropriate over the course of this Parliament.

[Mr Holden]

The hon. Lady has made the point at the Dispatch Box that conventions from 25 years ago should not stand today. Does she agree that that should also apply to other conventions made with the House of Lords, such as the Salisbury-Addison convention, which ensures that legislation gets through?

[Ellie Reeves]

The Salisbury convention means that measures that were proposed in manifestos cannot be blocked, but an agreement made a quarter of a century ago cannot now bind this Government and this House. This measure was a clear manifesto commitment, and it is important that we proceed with the Bill.

We heard a great many speeches today. Members including the right hon. Member for South Holland and The Deepings (Sir John Hayes)— I know he is keen to intervene—spoke of the experience and the contributions of hereditary peers. Let me make it absolutely clear that the Bill is not about individuals, but about fulfilling a manifesto commitment to remove the right of hereditary peers to sit and vote in the House of Lords. Of course this Government value the contribution of hereditary peers, but retaining 92 of them was always intended to be a temporary measure, and now is the right time to introduce this reform. The Government were elected with a clear mandate to address the issue, and the Bill is delivering on that.