House of Lords (Hereditary Peers) Bill

Simon Hoare Excerpts

2nd reading
Tuesday 15th October 2024 Commons Chamber

[Sarah Olney]

I must say, I regret that the Conservatives did not win a mandate in July for the kind of wholesale reform that the right hon. Gentleman is proposing. As I say, the Liberal Democrat policy has always been for an elected second Chamber. That is not what the Bill delivers, but we are looking for the Government to go further—far further than the Conservatives did in the previous 14 years. [Interruption.] I find it so extraordinary that Conservative Members are suddenly all converts to the cause of Lords reform when they have done nothing about it for a decade and a half—it is insane. I say to both right hon. Gentlemen who have intervened on me that Liberal Democrat policy is for an elected upper Chamber, but getting rid of the hereditary peers is a welcome first step, and that is why we will support the legislation.

We must do all we can to restore public trust in politics after the chaos of the last Conservative Government. By removing this unelected and undemocratic aspect of our Parliament, we will move closer to that goal.

[Simon Hoare (North Dorset) (Con)]

The hon. Lady’s argument would hold far more water if the Liberal Democrats adopted the position of not nominating anybody for the upper House until it was wholly elected. However, every single council leader up and down the land who has led a Liberal Democrat-Conservative group—sometimes of only three people—has suddenly found themselves draped in ermine and voting in the upper House. Her principle and her party’s actions are very wide apart.

[Sarah Olney]

I want to be very clear: the Liberal Democrats support the idea of a second Chamber. Under the current system, it is an appointed and elected Chamber; we are here today to support the principle of an elected second Chamber, and we are supporting the first step in that direction. We support the principle of an upper Chamber, and are very glad that there is Liberal Democrat representation within it, but that does not mean that we do not support the idea of changing the way in which people are introduced to the upper House. That is the principle that we are here to support.

Honestly, I am finding it difficult to work out what the Conservative argument is here. Do they want to abolish the House of Lords, do they want it to be elected, or do they want to keep everything exactly as it is? We support the Bill because it is a welcome first step towards a broader range of reforms that we have supported since 1911—which, as I have said, pre-dates many of the hereditary peerages that Conservative Members seem so keen to maintain.

Not only is the concept of inherited privilege one of fundamental, antiquated inequality, it exacerbates the distinct gender imbalance of the second Chamber, with not a single woman among the current hereditary peers. Removing the right of those peers to sit in the other place would make that gender imbalance slightly less severe, moving from 70% of peers being men to 67%. Parliament should be a body that represents and reflects the diversity and richness of the people and cultures that make up our country. This legislation, which would remove the last remaining hereditary peers’ membership of the other place, is a significant step towards a more representative Parliament.

If successful, the Bill would have a significant impact on the size of the House. In 2017, we supported the findings of the Burns report, which recommended measures to manage the exponentially increasing membership of our second Chamber. By removing the right of hereditary peers to sit in the other place, we would see a significant reduction in the size of the House, moving it back towards a more sensible size. Liberal Democrats are supporters of that change and the move towards a smaller upper Chamber.

While we are grateful to the Government for the introduction of this Bill and intend to support its progress through the House, we also recognise and acknowledge the commitment, wisdom and contributions brought by some hereditary Members of the upper Chamber. We thank them for their work, yet hope they can agree that we can no longer ignore the entrenched inequality that the continuation of hereditary membership of their House brings. The Liberal Democrats have a long-standing commitment to reforming our second Chamber with a proper democratic mandate. I and my Liberal Democrat colleagues, both in this Chamber and the other place, are working together to push for broader reform as soon as possible. We are glad that the Government’s manifesto committed to other reforms, including changes to the appointment process, addressing the national and regional composition of the second Chamber, the introduction of a mandatory retirement age and a participation requirement, and we ask the Minister to set out a timeline for those reforms.

The Liberal Democrats have consistently spoken out against the current system of prime ministerial appointments, which engrains patronage, reinforces the elitism of British politics and contributes to so many people losing faith in our system. We would like the Government to reassure us that they will not be following in the footsteps of the former Conservative Government, who ignored the findings of the 2017 Burns report and presided over a House of Lords that has ballooned in size. There have been suggestions that the Government’s plans for reform of the other place include a requirement for any nomination for a peerage to be accompanied by an explanation of the candidate’s suitability. Will the Minister commit to that requirement, bringing the appointment of peers more in line with the process for other honours—such as knighthoods—with political parties providing an overview of the relevant skills, knowledge and experience of the candidate?

--- Later in debate ---

[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.

[Sir Roger Gale]

Will my hon. Friend agree that if this legislation is to go through, there should be a provision to ensure that all the hereditary peers are offered a life peerage as part of the package?

[Simon Hoare]

One can make a perfectly reasonable argument to say it should be offered to all. One can make an equally good argument that it should be offered only to hereditary peers who are fulfilling a House of Lords duty—chairing a Committee perhaps, or if they are active on their party’s Front Bench. My right hon. Friend has made an important point and I am sure that the Minister will consider it. It would certainly be an act of good grace and it would be an act of charm, both of which I know are characteristics with which the Minister is fully imbued.

[Sir Roger Gale]

I do not wish to detain the House, but when I raised this point during the Minister’s remarks he indicated that it would be perfectly proper and possible for a leader of a party to put forward hereditary peers for life peerages, but that is not the point. The point is that there should be a separate list in this legislation to accommodate all of them.

[Simon Hoare]

I am going to stay mute on the “all” point, but my right hon. Friend echoes the point I was endeavouring to make, which is that a list of conversion, as it were, from hereditary to life should be considered by His Majesty’s Government, outwith leaving it to leaders of any party to nominate for a new year’s honour or a birthday honour, because that would clog up the system for those who are new to public life—echoing the point the Minister raised—where people want to make a contribution and may have caught the eye of the powers that be in order to secure a nomination.

I think there is a job of work that needs to be done. There are a number of ways in which one can land on the right solution, but it should not just be a case of, “Thank you so very much indeed for your service. Please return the ermine to the Lord Great Chamberlain. Your retirement party has been postponed because we could not find a room to have it in”, or whatever it may happen to be. I think there is a way which is elegant, which is kind, which is graceful and which has some democratic underpinning, because at least it will have gone through the appointments.

I close by saying that this is a missed opportunity, and the Labour Front Bench needs to consider that. I appreciate that they have the distorting effect of the right hon. Member for Islington North (Jeremy Corbyn), who did take up a little Labour bandwidth. We all got constrained by delivering Brexit, or trying not to deliver Brexit. And then we all had the big national distortion of the pandemic. But to offer this dance of the seven veils, after 14 years of opposition, and on an issue that people in this place and outside have been talking about for over a century, suggests to me a lack of detailed preparedness by the Government in some policy areas. It cannot have been a shock to Labour that they won the election; it may have come as a pleasant surprise that they won so comprehensively, but it really cannot have come as a shock that they were likely to win the general election whenever it came, irrespective of how hard my colleagues and I were working to ensure that did not happen:

“There is a tide in the affairs of men

Which, taken at the flood, leads on to fortune”,

or misfortune in my party’s case, but we are where we are.

I hope that amendments are forthcoming—I do not think it is too late to work cross-party on this—to buttress this proposal and deliver some of that democratisation of the House of Lords, and to make sure it is more regionally reflective. I listened to the hon. Member for Stoke-on-Trent Central (Gareth Snell) talking about the number of white men. I will be careful as he is helping me on a constituency issue, for which I am grateful and I want to put my thanks on the record, but my party has given the country three female Prime Ministers, the first Prime Minister of Jewish heritage and the first Prime Minister of the Hindu faith, so I am not entirely certain that we need to take lessons from the Labour party on how to bring people who are not necessarily used to public life into public life.

[Gareth Snell]

The hon. Gentleman makes my point quite succinctly for me. Yes, there were three female leaders of his party, but they were elected; none of them had the opportunity to take up one of the 92 seats in the House of Lords. That is the anomaly that needs to be resolved.

[Simon Hoare]

Labour were very keen to stop the Member for Stoke Newington being elected, and doubtless she would have been donning ermine at some point, so again I think the hon. Gentleman is on slightly thin ice. I say to the hon. Member for Calder Valley (Josh Fenton-Glynn), who is looking confused, that I am talking about the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott). I say to him, “Keep up, 007!” I do not know whether he noticed it during the election campaign, but there was quite a lot in the media about it. He should look it up—the House of Commons Library is frightfully helpful on these sorts of things.

So I say to my right hon. Friend the Member for Hertsmere, with huge reluctance and sadness, that I am more than likely to sit this one out, as the Chair of the Public Administration and Constitutional Affairs Committee—and I am sure that the Committee will want to look at this in more detail when we are up and running. But the underlying principle that the Minister has set forward is a compelling one. It is a sadness, a disappointment and a surprise that he is not taking this opportunity, after 14 years preparing in opposition, and after a century of making the case from the centre-left of British politics, and with a massive Commons majority, and that this timid little church mouse of a Bill is the best that he can offer us this afternoon.

[Madam Deputy Speaker (Caroline Nokes)]

I call Claire Hazelgrove to make her maiden speech.

--- Later in debate ---

[Ellie Reeves]

We said in our manifesto that removing the 92 remaining hereditary peers from the legislature was a first step towards achieving the reforms of the House of Lords that we wanted to see, and it is right that we do not delay that first step. The wording in our manifesto was clear: this would be an “immediate” first step, and that is what we are delivering in the Bill.

The right hon. Member for South Holland and The Deepings and the hon. Member for Romford (Andrew Rosindell), among others, talked about our traditions. Any suggestion that the Government are somehow against traditions or the ceremonies of our past is nonsense. We value and respect our history, and its continued inclusion in our national life makes our country all the better, but the continued reservation of those 92 seats for people who are simply there because of the families they were born into cannot be justified any longer. That is an important matter of principle.

A number of Members, including the hon. Member for North Dorset (Simon Hoare) and the right hon. Member for Herne Bay and Sandwich (Sir Roger Gale), wondered whether hereditary peers could be given life peerages. As my noble Friend Baroness Smith of Basildon said in the other place when the Bill was introduced, Members who leave as hereditary peers can return as life peers. There is nothing to prevent them from doing so if their party wishes to nominate them in the normal way.

[Simon Hoare]

That is all clear and understood. The point that I was making, along with other Members, was that it would be a gesture of graceful good will to make life peers of those who are currently hereditaries. Placing them on a separate list, outwith new year, birthday or party leader nominations, would be an act of generosity reflecting the work that they had done, and would underline the Minister’s point that there is nothing personal in this.

[Ellie Reeves]

I thank the hon. Member for his intervention and, indeed, for his contribution to the debate. That is not a commitment that we are in a position to make; it would be for the new Leader of the Opposition to nominate for peerages those whom he or she wished to nominate, in the normal way.

A number of Members, including the hon. Member for Perth and Kinross-shire (Pete Wishart), talked about wider reform of the House of Lords. As set out in the Labour manifesto, the Government are committed to replacing the House of Lords with an alternative second Chamber that is more representative of the regions and nations of the UK. That would be a major change to the functioning of our Parliament and our constitution, so it is right that it should be preceded by a significant period of detailed consideration and consultation. The Government will set out further details of that process in due course, including how we will seek the British public’s input on how politics can best serve them. However, that should not prevent progress on other important and long-overdue reforms, including through this Bill and other initial reforms, to help deliver a smaller and more active second Chamber. The Government’s manifesto made it clear that the measures in the Bill would be introduced to implement immediate reform, which is what we are setting out to do.

The hon. Member for Richmond Park (Sarah Olney), too, talked about wider reform. I thank her for taking the time to meet me and the Minister for the Cabinet Office to talk about her concerns and her ambitions for further reform; I am grateful for that engagement. I want to stress that this is a new Government with a fresh mandate and a set of manifesto pledges that we are committed to implement. This Bill delivers immediate reform. As my right hon. Friend mentioned in his opening speech, part of the reason why there has been no further progress over the last 25 years is the argument that nothing should be done until everything has been done. We firmly believe in taking this first step as a matter of priority, and it is right that we take time to consider how best to implement other manifesto commitments that the Government have previously set out. We will engage with peers and the public, where appropriate, over the course of this Parliament and update the House in due course.

The hon. Member for North West Norfolk (James Wild) made a point about the commencement of the Bill. The Bill will remove the remaining hereditary peers at the end of the parliamentary Session in which it receives Royal Assent. The timing of the Bill’s implementation ensures that the business of the House will not be undermined by the sudden departure of a number of hereditary peers in the middle of the Session. Subject to the timely progress of the Bill, we will give notice to existing hereditary peers to give valedictory speeches.

The hon. Member for Bridgwater (Sir Ashley Fox) raised some concerns about the balance in the House of Lords if this Bill is passed. It is important to point out that no political party has held an overall majority in the House of Lords in recent times, and this Bill will not change that. The role of the Lords is to scrutinise and hold the Government to account in the context of the primacy of the House of Commons. The hon. Member is right to say that the Bill decreases the number of peers on the Opposition Benches, but the share of the Opposition’s seats in the Lords will reduce from around 34% to around 32%. Given that the Conservatives will remain the largest party in the second Chamber, I am sure that hon. Members will agree that the Bill is hardly a power grab.

I very much look forward to engaging with the shadow spokespeople from the Opposition parties. I have welcomed discussing this matter with the hon. Member for Richmond Park and Members of other parties who made time to discuss the Bill at drop-in sessions last week. I look forward to further engagement with all those who attend the Committee of the whole House, especially given the important views that have been expressed today.

I stress again that this Bill is about finally removing an outdated and indefensible principle, and not about individuals. As my right hon. Friend the Minister for the Cabinet Office mentioned at the beginning of the debate, the current hereditary peers and their predecessors have made notable contributions to the other place, the merits of which we have heard in this House today. This is the first step in reform and not the last. The other reforms set out in our manifesto are more complex and it is right to take the time to properly consider their implementation. I know that the Leader of the House of Lords has outlined her commitment to meaningful dialogue with Members of the other place on further reforms to bring about a smaller and more active second Chamber.

The Government remain committed in the long term to replacing the House of Lords with an alternative second Chamber that is more representative of the nations and regions and of how the public can have politics best serve them. As the manifesto makes clear, it is right to start with this immediate reform, completing the work that we began 25 years ago. I commend this Bill to the House.

Question put, That the amendment be made.

The House divided: Ayes 105, Noes 453.

[Division No. 19, 6.55 pm]

Question accordingly negatived.

[Division lists were not available at the time of publication.]

Question put forthwith (Standing Order No. 62(2)), That the Bill be now read a Second time.

Question agreed to.

Bill accordingly read a Second time.

House of Lords (Hereditary Peers) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the House of Lords (Hereditary Peers) Bill:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and on Third Reading

(2) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion five hours after their commencement.

(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(5) Any other proceedings on the Bill may be programmed.—(Vicky Foxcroft.)

Question agreed to.