House of Lords (Hereditary Peers) Bill

Debate between Shaun Davies and Oliver Dowden

2nd reading
Tuesday 15th October 2024 Commons Chamber

[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.

--- Later in debate ---

[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.