House of Lords (Hereditary Peers) Bill

Shaun Davies Excerpts

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Nick Thomas-Symonds]

The Church has recognised the need for reform, particularly in terms of size, and today’s debate is further evidence of why it is sensible to reform in stages.

[Shaun Davies (Telford) (Lab)]

There has not been a single reform of the House of Lords over the last 14 years. Is my right hon. Friend as surprised as I am that Conservative Members now want huge reform of the second Chamber?

[Nick Thomas-Symonds]

After the past 14 years, they now show a new-found enthusiasm for reform and change.

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[Sir Oliver Dowden]

It will not surprise my right hon. Friend to hear that I completely agree with him. As ever, he makes an erudite point.

[Shaun Davies]

Will the right hon. Gentleman give way?

[Sir Oliver Dowden]

I will make some progress and then I will give way.

Instead of proceeding with caution, the Government have done precisely the opposite. The Bill has had no pre-legislative scrutiny, no Joint Committee and no cross-party engagement. Indeed, Labour Ministers have explicitly refused to consult on the removal of excepted peers.

All that forms a pattern with Labour’s past constitutional tinkering. We have the Equality Act 2010, which both the Equality and Human Rights Commission and His Majesty’s inspectorate of constabulary have said in recent months is too complicated and needs changing. There is also the Human Rights Act 1998, which, in departing from Britain’s common-law tradition, further expanded judicial review, undermining the very laws made by this Parliament and dragging the courts into answering political questions that should be a matter for the legislature. The same applies to Tony Blair’s successive surrenders to EU treaties. Those Acts created new problems for an old country, and this Bill risks doing exactly the same.

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[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

rose—

[Shaun Davies]

rose—

[Sir Oliver Dowden]

I will make some progress and then I will give way.

In 1999, Baroness Jay, the then Leader of the House of Lords, said that a partly reformed Lords with only excepted hereditaries remaining would be

“more legitimate, because its members have earned their places”

and would have more authority. That was termed the Jay doctrine at the time. If the excepted peers go, what other conventions are at risk of change—the Salisbury convention, or the restraint against vetoing secondary legislation? The lack of consultation and scrutiny, and the Government’s piecemeal approach to reform, has meant such questions have the potential to be reopened.

[Sir Oliver Dowden]

I will give way first to the hon. Member for Telford (Shaun Davies) and then to the hon. Member for Stoke-on-Trent Central (Gareth Snell).

[Shaun Davies]

The compromise of allowing the remaining hereditary peers to be in the other place is 25 years old. How much longer does the right hon. Gentleman need to consider the options and whether he is in favour of them?

[Sir Oliver Dowden]

I gently say to the hon. Gentleman that the reforms were introduced in 1999. By my calculation, the Labour party was in power for another 11 years and did precisely nothing further. I will come to this point in a moment, but the reason the hereditaries remained in the House of Lords in 1999 was to ensure that all these things were considered at the same time. The Government are breaking a principle that they agreed to previously.

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[Shaun Davies (Telford) (Lab)]

It is a delight to speak in this debate. I first wish to praise one of my predecessors, Lord Bruce Grocott. Since the 1999 compromise, he has tried his best to achieve the step-by-step constitutional change that the shadow Minister mentioned, by abolishing the by-election for the hereditary peers. That was the first step Lord Grocott suggested.

[Sir Desmond Swayne (New Forest West) (Con)]

At least those peers were elected by someone, unlike all the other placemen.

[Shaun Davies]

If the right hon. Gentleman is patient, I will come on to the farce of the by-elections that have taken place for the hereditary peers.

For me, Lord Grocott epitomises what is great about the House of Lords—somebody with experience, a contribution to make to our national life, and who was appointed by the then Prime Minister, Tony Blair, to the other place. As we have heard from the Opposition, hereditary peers do make valuable contributions in the House of Lords, and nothing would stop those people being selected by the Leader of the Opposition or the Prime Minister to go back to the House of Lords, should that be their wish.

[Luke Taylor (Sutton and Cheam) (LD)]

Does the hon. Gentleman agree that there may well be an opportunity for all the Conservative MPs who might need to stand down because of restrictions on second jobs? They feel so strongly about the contributions that hereditary peers make, and some seats may be opening up for them in the near future.

[Shaun Davies]

I am surprised that Conservative MPs are able to get second or third jobs when they do not do their first job very well at all.

A second Chamber in the manner that I have described could be a vital force in delivering effective and considered progressive change, whereas the ancestry and bloodline entitlement is for the birds. It does not stand up to 1924 standards of accountability, let alone 2024 standards. As I said, my noble Friend Lord Grocott has tabled on a number of occasions a private Member’s Bill to remove the by-election process for hereditary peerages, and it was supported time and again by many peers. That Bill—the House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill—was filibustered by a handful of hereditary peers.

Indeed, the last time a Labour Government won a landslide majority and tried to abolish hereditary peerages, the other place, which is unelected, threatened to disrupt the Government’s agenda, and forced them to compromise by keeping 92 hereditary peers. The Opposition leader in the House of Lords said in 2021 that the tactic was to “make their flesh creep” in order to stop the Government’s programme. Hereditary peers and the obstruction of democracy have consistently gone hand in glove. Fortunately, the Minister has taken the first step towards reforming the House of Lords.

As many Members will be aware, of the 92 hereditary peers in the other place, there is not a single woman. It is perhaps no coincidence that when by-elections come around, that all-male electorate keeps on electing more men, who then go on to elect more men. That does not sound like progressive change to me; it sounds like an old boys’ club that has changed very little in several hundred years. Not only does election on the basis of bloodline lead to worse outcomes, but it is wrong on principle.

[Sir Gavin Williamson]

Will the hon. Gentleman give way?

[Shaun Davies]

I will not. I am sure that the right hon. Gentleman will catch Madam Deputy Speaker’s eye in due course.

I am proud to play my part in the democratic process, as somebody who was elected by the people of Telford. There is a strong message here for young people in our constituencies: “If you want to become a Member of the legislature, either in this Chamber or the one down the corridor, you can do so based on your contribution to public life and your skills, not your bloodline.” In one by-election, there were six candidates but only three voters. That is an absolute embarrassment for democracy. What view must other countries take of us?

There are many areas in which the United Kingdom is a world leader or aspires to be one—our education system, civil liberties, creative and business sectors and many more—but the House should agree to modernise and transform this area. It is right that the House of Lords be reformed. No doubt, over the course of the years and decades to come, more reforms will come through, but this is a fundamental first step that the people of this country have voted for the Government to deliver. I congratulate the Minister on introducing the Bill so quickly. I look forward to voting for its Second Reading tonight.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

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[Simon Hoare (North Dorset) (Con)]

Before I begin my remarks, I apologise to you, Madam Deputy Speaker, but I have a meeting with a Minister at the Department of Health a little later, so I will have to slip out for part of the debate.

I slightly hesitate to say this in the presence of my right hon. Friend the Member for Herne Bay and Sandwich (Sir Roger Gale) and my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), because I would love to describe myself as a romantic old Tory who believes in the Peel dictum that we should keep the best of what we have and reform only where necessary. However, I am afraid that that ship has probably sailed and we are now full steam ahead into the 21st century, and there is much in what the Paymaster General said to support the principle that he seeks to advance. In a modern legislature, can we justify—beyond its being an attractive traditional anachronism—having 92 or whatever hereditary peers?

It is frankly nigh on impossible to make that argument, apart from as a romantic attachment, although my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden) gave it his best shot. He made some very important points, particularly in quoting Burke. I have to say that I am distressed to hear that, when our leadership issues have been settled, he will be leaving the Front Bench—he was just starting to show such promise, and I am sure great things beckoned. He is a great mate, and he will be much missed.

I am afraid that the argument the Minister deployed is not the best one or what I was expecting to hear him say. He is an accomplished author: he has written a book on Nye Bevan, an award-winning book on Harold Wilson and a book about Attlee. He may possibly be able to hear those heroes of his spinning in their graves, because his approach to Lords reform would translate as Wilson having a “lukewarm heat of technology”, Attlee saying, “Well, I’ve created a little bit of a welfare state, and I think we’ll just pause there for 30 years and see how that goes, because some people may not like it”, or Nye Bevan saying, “Do you know, I’ve opened a cottage hospital in Cwmbran, and that’s quite enough: let’s just pause for a moment and see how that works.” If you are going to do it, do it!

I make this point with the greatest respect and politeness, because I admire the right hon. Gentleman enormously. After 14 years in opposition, decades since Harold Wilson and over a century since Lloyd George’s price list of viscountcies—and heaven knows what else when he was selling peerages to try to keep the old Liberal party in power—the right hon. Gentleman says, in a tantalising Lords reform version of the dance of the seven veils, “I want to show you this little bit of what we’re going to do, and there’s more to come after the interval, but we don’t how long the interval will be.”

My right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) is a former Chief Whip, so he knows full well the pressures on legislative time, and the Cabinet Office has done well to secure a legislative slot so early in the Parliament to deliver some constitutional change and reform. What a missed open goal to deliver the things that most of us—including, I think, the right hon. Gentleman—would like to see.

The right hon. Gentleman—I say this as a fellow boy from south Wales—told us that there is nothing better than when we see men and women of good will who wish to take part in our national life having the opportunity to do so. That is what we all want to see—a socially mobile, inclusive, engaged democracy—if for no other reason than that it means that, through that mechanism, we can destroy and put away those on the extremes, who only ever fill the vacuum when those women and men of good will do not step up to the plate.

Removing the 92 hereditary peers will still leave appointment to the Lords up to patronage—being a great mate of a party leader. Across the House we should be absolutely frank about how all party leaders all of the time have used the House of Lords as a way of getting rid of the awkward, the bed blockers or whoever. I have to say to Labour Members that, while we should all beware of Greeks bearing gifts—I can say that as somebody who is a quarter Greek—they should beware of a Labour Chief Whip offering them a peerage, because the Government will change the age qualification. It is the unkindest retirement present for Margaret Beckett, John Spellar and others. They said, “Please go to the House of Lords and make way for a new, young, able thruster,” and then, “Oh, we’re frightfully sorry, but you’re now too old to take your seat.”

[Shaun Davies]

To damage the street cred of us both, I am very fond of the hon. Member, as he knows—we go back a long way—but does he agree with me that perfection should not be the enemy of the good, and he should vote for this measure as a down payment on future reforms?

[Simon Hoare]

I say to the hon. Gentleman, whom I nearly called my hon. Friend because he is a friend, that I am more than likely to vote for this Bill on Second Reading. I possibly should have told my Whip about that beforehand—there is my peerage gone. Notwithstanding the fact that my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden) is one of my oldest and dearest friends, I must say that his reasoned amendment seems to have been written more because of the need to write something, rather than actually to make a case to persuade, which is entirely atypical of the way he usually works.

My right hon. Friend the Member for Stone, Great Wyrley and Penkridge made the important point—I do hope that those on the Treasury Bench and the Government Whips have listened—that this is an opportunity to consider proper amendments to make this a more material exercise.

We live, thank God—I say this as a Roman Catholic—in a multicultural, multi-religious society. We have an established church, and I do not think anybody would advocate for its disestablishment at this stage. However, it is surely an anachronism, just because of the sees to which they have been appointed, for the Archbishop of Canterbury and others to sit as part of the legislature. The only other country that has clerics in such a position by dint of office is Iran, which I suggest is not a country that we should seek to emulate very much. Let us have a faith Bench or faith Benches, but let those Benches be of mixed faiths and truly representative of the faith groups doing so much good in our country.

A number of the hereditary peers have been doing sterling work. I think, in particular, of my noble Friend The Earl Howe and His Grace the Duke of Wellington, whom Labour Members were praying in aid just a few months ago, of course, when His Grace was leading the campaign against the then Government to improve water quality and sewerage. I suggest that his expertise in and knowledge of water quality in chalk streams and so forth should not be lost.

I do take on board the sincerity that the Minister claims—this is not a personal thing or a class war; it is a matter of principle. I think the House gets him on that. I do not think he needs to make that point any more. But I do hope that there may be an opportunity for a supernumerary list outside the normal leaders’ nominations —birthday or new year honours—so that those hereditaries who wish to continue their service, and not all will, can have conferred upon them a life peerage. That would make good much of what the Minister has said with regard to his principal motivation and that this is not a personal thing.

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[Sir John Hayes]

Dignity and efficiency are not necessarily incompatible—my right hon. Friend personifies their marriage. He is right to say that there is something ugly about the idea of a Government of either party simply stuffing the House of Lords with their friends or donors. Let us be honest: that is not something one can accuse the other side of this Chamber of without acknowledging that it has become a habit in Parliament over time. Let me qualify that for a moment. There is not a power or policy in the history of man that has not understood the importance of patronage.

Patronage is a part of the exercise of power, but the way it is handled—how measured the application of favour is—is a matter of dignity. There is something fundamentally undignified about replacing the relatively small number of hereditary peers who, as I have said, are proven to do a good job. I noticed that when some of them were cited, the Minister, with his usual candour and decency, nodded in approval. Those peers being replaced by placemen seems to me to be fundamentally undignified.

Let us now talk a little about continuity. The House of Lords represents a link to our past. That may trouble some people in this House, but it does not trouble me. I am a Tory, so I believe that society needs to marry a respect for the past, consider the present and meet the needs of “future generations”, in the words of Burke. That connection to what has been is an important part of our constitutional settlement, as my right hon. Friend the Member for Hertsmere set out. Lord Roberts rightly described the measures before us as

“cutting the link with our collective past that goes back to the period of Magna Carta”.

The Duke of Wellington, who has been referred to favourably already in this debate and whose great-great-great grandfather defeated Napoleon at Waterloo, now sits in the other place. Are we not right to recognise that that legitimises our connection with the past, to use legitimacy in another way? It makes that link real, powerful and, I think, desirable for that reason.

To conclude—notwithstanding begging your favour, Madam Deputy Speaker; I do not want to test your tolerance to its limits—let me say, without acrimony, because I have already made clear that I respect the Minister and his record in this House, that I suspect what drives the Bill is not a desire to maintain dignity, or for greater efficacy, or even the rather narrow-minded view that the only legitimacy that matters is democratic legitimacy, although that does of course matter, but a preoccupation with modernity.

[Shaun Davies]

Will the right hon. Gentleman give way?

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[Sir Gavin Williamson]

Only in the House of Lords, let me be clear. It is also vital to introduce participation requirements, and I look forward to working with Ministers to make such amendments.

[Shaun Davies]

Will the right hon. Gentleman give way?

[Sir Gavin Williamson]

I will give way, if the hon. Gentleman makes it clear whether he would vote for an amendment that reflects the manifesto commitments he was elected on, if I am in a position to table it.

[Shaun Davies]

Will the right hon. Gentleman vote for the Bill before the House this evening? The Minister has been very clear that this is the first step of constitutional reform.

[Sir Gavin Williamson]

I have made it clear. Will the hon. Gentleman vote for his manifesto? He is frightened to deliver his manifesto because of what the Whips will do to him. Labour Members have been told that they are not allowed to table amendments. They have been sat on so oppressively. When I was Chief Whip, I always encouraged as much debate as possible, across the House and including from my own Members, as I know how important it is to have a broad, wide-ranging debate. It is slightly depressing that there seems to be a more heavy-handed approach.

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[Andrew Rosindell]

I have worked with Members of the House of Lords over many of my 23 years in Parliament. They are not seeking re-election, preferment or title. They are here to serve our country and to assist this place in making better laws. All the hereditary peers and life peers—from all parties—with whom I have had the privilege to work have always been there to serve. To discard that so easily without serious long-term consideration to the effects of doing this is reckless.

Our constitution is the most vital part of our shared British heritage, and the hereditary peers are an integral part of that, which cannot be replicated by modern means. Yet the argument in defence of hereditary peers cannot be based solely on history, however important that may be. From the Duke of Wellington, who has been mentioned, and the Duke of Norfolk, to the Earl Attlee, the Lord Northbrook, the Viscount Craigavon, who was also mentioned, and the Lord Bethell of Romford, the hereditary peers bring a wealth of intergenerational experience and knowledge to our Parliament. They have an inherited obligation and a duty to serve. They are also invaluable to our parliamentary democracy, holding the Government to account, scrutinising legislation and raising often forgotten issues of national importance. Many hereditary peers are shining examples of exemplary parliamentarians.

[Shaun Davies]

If I follow the hon. Member’s argument correctly, is he saying that he would he be in favour of reversing the compromise of 1999 and going back to having more hereditary peers in the House of Lords?

[Andrew Rosindell]

I do not object to the hereditary principle. I believe that hereditary peers play a vital part in the overall mix of the British Parliament. Indeed, the hereditary principle is enshrined in our constitution via the monarchy itself. In fact, our Parliament is made up of the Crown, the House of Lords and the House of Commons. Those who argue to discard the hereditary principle should beware that the Crown itself is in peril if we continue to go down this road—[Interruption.] If I may continue, Madam Deputy Speaker, the removal of hereditary peers would be a grave loss to our Parliament and our country. It would be a purge of many substantial, independent voices that are immune to political patronage and work solely in the public interest for King and country. They do not seek to be popular or to win re-election; they exist to serve our nation.

It has been said that a fence should not be removed before we know why it was put up in the first place. Labour would have done well to heed this lesson from its last period of governance. Rushing to change our tried and tested system without considering the full consequences of its actions would be to commit an act of constitutional vandalism.

Why are the Government embarking on this action? What in God’s name motivates them? Is it simply to eradicate dissent in the other place? If so, this can be described only as self-serving political radicalism. Not content with a simple majority of 157 in the House of Commons—although I think that figure has gone down now as the number of independents has risen—this Government seemingly aim to eradicate dissent in the upper House through this damaging legislation.

The Bill entails the removal of Conservatives, Cross Benchers, Liberal Democrats and non-affiliated peers—but only a small number of Labour peers—who often provide the most substantial dissent to and constructive criticism of the Government’s legislative proposals. Worse still, I fear that the removal of the 92 hereditary peers is only the beginning. The next step would be the introduction of an age cap for membership, provoking an even more numerically significant second cull of dissent, enabling Labour to pack the other place with political appointments and abolishing any form of effective Opposition in the upper House.

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[Ellie Chowns (North Herefordshire) (Green)]

I believe in taking a positive approach to politics. Not letting the perfect be the enemy of the good is a good principle, and in that spirit, I welcome the Bill. However, I must confess that it is a pretty lukewarm welcome, because this Bill is not a really significant or radical step. Effectively, it is a tweak. We could call it a bit of glorified admin, because it tidies up a thread that has been hanging since 1999. It does not tackle several of the other inequalities and inconsistencies in the composition of the House of Lords. Members across this House have highlighted some of those today, such as the presence of the bishops and the appointment of life peers, so while I welcome the Bill, there is huge room for improvement.

House of Lords reform is absolutely long overdue. Three hours or so ago, somebody referenced Asquith in 1911; we have been waiting a really long time. When the Minister introduced the Bill several hours ago, he referenced the next steps in the reform process, and I very much hope we do not have to wait 25 years—or, indeed, 113 years —to find out what those next steps are. Reform is also widely supported, as the hon. Member for Milton Keynes North (Chris Curtis) just said, and it is essential to improve the functioning of our democracy. By the way, there are many other ways in which we could improve the functioning of our democracy, but let us focus on House of Lords reform today. When the Paymaster General introduced the Bill, he spoke about a matter of principle for a Government committed to fairness and equality. He described going step by step in the direction of reform. I challenge him to tell us what the next steps are, to show us his workings and his road map, and to assure us that we will not have to wait 25 or 113 years.

[Shaun Davies]

rose—

[Ellie Chowns]

I will not give way, and I will explain why. Like many other Members, I have been waiting and bobbing for hours to have a chance to speak—apart from the moment when I left for a prearranged meeting with the Speaker. Several Members on both sides of the House have intervened frequently, thus putting others further down the speaking list. I know that the hon. Member for North Antrim (Jim Allister) would like to speak.

We need to know the next steps in House of Lords reform. I agree that these are questions of principle. The issue is not the individuals who currently serve in the House of Lords, many of whom are hard-working and experienced, and bring a lot of expertise and effort. That is not the point. The point is that unelected lawmakers should not be a thing. People who make laws should be elected. That is what democracy is about. It is a fundamental principle, and I find it extraordinary that the Bill does not adopt it. The Government are sometimes a little selective in applying the principles for which they nail their colours to the mast.

On the principle of unelected people not making laws, why do we still have bishops and life peers? There is no other walk of life in which someone would be appointed to a role for life. We should not have that in our Parliament. I challenge the Paymaster General to use the Government’s huge and disproportionate majority —disproportionate given that it is based on a minority of votes—to take forward the principles of fairness and equality, and to get rid of not just the unfair and unequal hereditary principle, but the unfair and unequal principle of representing certain religions and not others, or of representing any religion. I challenge the Government to get rid of the unfair and unequal principle of giving political appointees life peerages. Will the Paymaster General do that? Will he also set out steps for replacing the House of Lords with an elected house of citizens? Will he take steps to introduce a fair electoral system for this Parliament, so that every vote cast in this country has equal weight?

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[Shaun Davies]

Is it not the case that the only time there is House of Lords reform is under a Labour Government? In 1997 we had a mandate to reform the House of Lords. In 2024 we have a mandate to reform the House of Lords, and we should get on with it.

[Ellie Reeves]

There is lots of talk of reform from Opposition Members. They had 14 years, but chose not to do it.