Debates between Shaun Davies and John Hayes during the 2024 Parliament

Tue 12th Nov 2024

House of Lords (Hereditary Peers) Bill

Debate between Shaun Davies and John Hayes
John Hayes Portrait Sir John Hayes
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Ms Nokes, you will not allow me to go into immense detail about Athenian democracy, although I did study ancient philosophy. The hon. Gentleman will know that Athenian democracy was very far from the democratic principles that we hold dear. Only citizens had the vote in Athens, and the assembly there was a very partial affair, and certainly it would satisfy neither you, Ms Nokes, nor other Members.

I will return to the subject in hand for a few moments before I give way to the hon. Member for Telford (Shaun Davies). Having made the case that the Bill does not afford greater legitimacy or efficacy, I want to speak about the authority of this place, the authority of the constitution, and the authority of Government. The authority of this place, as the hon. Member for Bolton West and others have argued, essentially derives from the fact that we are elected, but not just from that. It also derives in part from the balance in the relationship between this House and the other place.

Bicameral systems that pitch democratic chambers one against another are often less successful than the model that has evolved in this country. Although the upper House sometimes chastises this House—it certainly scrutinises us—and although it might clash occasionally with this House in its role as a reforming Chamber, in the end it defers to the elected House. A bicameral system borne of two Houses of Parliament, one of which is elected and one which is not, seems to me to be more desirable for that very reason: we do not have competing democratic legitimacies between the House of Commons and the House of Lords. That is why I disagree with the amendments in the name of some of my right hon. and hon. Friends and with the hon. Member for Perth and Kinross-shire (Pete Wishart).

Shaun Davies Portrait Shaun Davies (Telford) (Lab)
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The right hon. Gentleman is being generous with taking interventions. I will boil it right down: this Government were elected on a mandate to remove the hereditary peers from the House of Lords, not to set up a wholly elected House and the concerns he is talking about right now. Does he support the Government’s mandate and legitimacy to remove those hereditary peers?

John Hayes Portrait Sir John Hayes
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The Government’s mandate was for a more widespread reform of the House of Lords. I will not go into it again, but the manifesto of the victorious party at the general election, which now forms the Government, suggested a whole range of measures to reform the House of Lords. I do not really approve of any of those measures.

House of Lords (Hereditary Peers) Bill

Debate between Shaun Davies and John Hayes
John Hayes Portrait Sir John Hayes
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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 Portrait Shaun Davies
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Will the right hon. Gentleman give way?