House of Lords (Hereditary Peers) Bill

Stephen Gethins Excerpts

Committee of the whole House
Tuesday 12th November 2024 Commons Chamber

[Iqbal Mohamed]

Again, I will confess to my lack of knowledge on the detail around the alternative proposed by the right hon. Member for New Forest East (Sir Julian Lewis). I would defer to the House to select an appropriate working model that best represented the people of our country.

[Stephen Gethins (Arbroath and Broughty Ferry) (SNP)]

The hon. Member makes a powerful point about listening and having the best system. However, does he agree that having all the power located in one Chamber and not having a division of powers—as exists in other countries—is an idea with merit, which should be looked at? The principle of sovereignty, of course, differs between English law and Scots law, and therefore we need to have a good and proper look at our governance mechanisms.

[Iqbal Mohamed]

That is a very important point. I agree that representation across the four nations is key, and that the balance between the two Houses and how they work together is also very important.

We have seen what happens when people feel alienated from their political system: they can gravitate to those with divisive answers. Unaddressed political grievances combined with a lack of faith in political institutions can be a toxic combination. Reforming the House of Lords so that it is fit and proper is not the sole solution to that problem, but is a key part of the solution. We in this House, as elected officials, have a duty to do the right thing at the right time in the right way to deliver the right outcome for our constituents and our country, and the right thing is to adopt the sensible and democratic amendments that have been tabled, and the right time to do that is now.

[Ellie Reeves]

Thank you, Madam Chair. I am grateful to right hon. and hon. Members for taking the time to debate these issues in Committee, and I have listened to their contributions with interest. I am particularly grateful to my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), as well as to other Labour Members, for providing a powerful voice in support of this important legislation.

I am grateful to the hon. Member for Richmond Park (Sarah Olney), who demonstrated on Second Reading that there is strong cross-party support for this first step in reforming the upper Chamber. I am also grateful to the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), who has taken a surprising interest in these issues, and to the hon. Member for Perth and Kinross-shire (Pete Wishart). I stress that we are grateful to all peers, including hereditary peers, who have committed themselves to valuable public service. I reiterate that there is no block to hereditary peers coming back as life peers if their party wishes to nominate them.

What has become clear during the course of this debate is that the Conservatives do not have a coherent position on House of Lords reform. It is not clear whether the Opposition Front Benchers want to retain hereditary peers; it is not clear whether they want faster and further reform; and it is not clear whether they agree with the amendments tabled by the right hon. Member for Stone, Great Wyrley and Penkridge. But what is clear is that they cannot agree among themselves about the Bill—more division and chaos.

[Stephen Gethins]

The Minister will be aware that it has been over 100 years since Keir Hardie committed to abolishing the House of Lords so, to be clear, will we have to wait another 100 years for the Labour party to get around to it?

[Ellie Reeves]

We have taken an immediate first step, as set out in our manifesto, to remove hereditary peers from the House of Lords. The hon. Member will know well that there were a number of other commitments in our manifesto, and we are considering the best way to implement them. It is right that we take the time to do that properly.

I will address the amendments. New clause 20, tabled by the hon. Member for Brentwood and Ongar (Alex Burghart), seeks to provide a description of the purpose of the Bill. The Government cannot accept his new clause. His explanatory statement says:

“This new clause describes the purpose of the Bill.”

For his benefit, I am happy to clarify the purpose of the Bill, which should be self-evident to anyone who has taken the time to read it. The Bill is designed to remove the outdated and indefensible right for hereditary peers to sit and vote in the upper Chamber. In 2024, no place in our legislature should be reserved for individuals who are born into certain families. I add that his new clause fails to take into account the presence of the Law Lords. Several such peers sit in the other place, and make a valuable contribution to its proceedings, as Members of the Lords Temporal under the Appellate Jurisdiction Act 1876. His new clause therefore falls at the first hurdle, and I respectfully ask him not to press it to a Division.

Amendment 25, also tabled by the hon. Member for Brentwood and Ongar, seeks to delay the Bill’s implementation. Delaying its implementation goes against the Government’s manifesto commitments. We were clear that we would implement immediate reform to the second Chamber by removing the outdated and indefensible right for hereditary peers to sit and vote in the House of Lords. The Government set out in our manifesto a number of other commitments to reforming the other place, and it is right that we take the time to consider how best to implement them. I therefore ask the hon. Member not to press the new clause to a Division.

Amendments 8 and 9, and new clause 7, which were tabled by the hon. Member for Richmond Park, seek to impose a statutory duty on the Government to take forward proposals to secure a democratic mandate for the House of Lords via the introduction of democratically elected Members. Although the Government agree with the hon. Member that the second Chamber needs reforming, we cannot accept this amendment. This is a focused Bill that delivers the Government’s manifesto commitment to bring about an immediate reform by removing the right of the remaining hereditary peers to sit and vote in the House of Lords.

The Government have committed to more fundamental reform through the establishment of an alternative second Chamber that is more representative of the regions and nations of the UK. The Government will consult on proposals in order to provide the public with an opportunity to give their views on how to ensure this alternative Chamber best serves them. Details of the process will be set out in due course, and the House will no doubt take a close interest in that process as it is taken forward. It is right that we take time to consider how best to implement the other manifesto commitments, including our commitment to consult on an alternative second chamber, engaging with parliamentarians and the public where appropriate over the course of this Parliament. With that in mind, I ask the hon. Member to not press her amendments to a Division.

I now turn to new clause 8, tabled by the hon. Member for Richmond Park, and new clauses 9, 10 and 14, tabled by the hon. Member for Perth and Kinross-shire, regarding the role of the House of Lords Appointments Commission in advising the Prime Minister on appointments to the other place. I thank the hon. Members for their interest in reform of the House of Lords’ appointment process. I think we are all in agreement that it is vital that peers meet the high standard that the public expect of them, for the good functioning and reputation of the second Chamber and of Parliament more broadly.

Constitutionally, it is for the Prime Minister—accountable to Parliament and the electorate—to make recommendations to the sovereign on new peers. As part of its role, the House of Lords Appointments Commission advises the Prime Minister on the propriety of nominations to the House. In that role, HOLAC considers whether a person is in good standing in the community in general and with the public regulatory authorities in particular, and whether the past conduct of that person would not reasonably be regarded as bringing the House of Lords into disrepute. The Prime Minister of course respects and values the commission’s advice, and will place great weight on it when making decisions on peerage recommendations. The hon. Members will be pleased to know that the Government’s manifesto committed to improving the appointments process to ensure the quality of new appointments, and to seek to improve the national and regional balance of the second Chamber so that it better reflects the country it serves. The Government are actively considering how this can be achieved.

New clause 14, tabled by the hon. Member for Perth and Kinross-shire, would remove the Prime Minister’s role in advising the sovereign on new appointments and hand it completely to the House of Lords Appointments Commission. That would be a significant change to the commission’s role, one that would require very careful consideration. This, however, is a focused Bill that delivers the Government’s manifesto commitment to bring about an immediate reform by removing the right of the remaining hereditary peers to sit and vote in the other place. I therefore respectfully request that the hon. Members not press their new clauses to a Division.

New clauses 11 and 12, tabled by the hon. Member for Perth and Kinross-shire, relate to Members or prospective Members of the other place who have made registered political loans or donations of over £11,180 since 2001. The Government believe that the second Chamber is enriched by Members who bring diverse experience in support of the House of Lords’ core functions of scrutinising legislation and holding the Government of the day to account. The House of Lords Appointments Commission is responsible for vetting all candidates for propriety, and considers party donations as part of that vetting. I therefore respectfully ask the hon. Member not to press his new clause to a Division.

Amendment 15 and new clause 13, tabled by the hon. Member for Perth and Kinross-shire, would prevent individuals who were Members of the House of Commons in the current or previous Parliament or in the previous five years from being appointed as, or remaining as, Members of the House of Lords. I should declare an interest: my husband, until recently the hon. Member for Leyton and Wanstead, is now a Member of the other place and is also a Government Whip. This is recorded in the list of Ministers’ interests that was published last week.

I thank the hon. Member for tabling those amendments; however, the Government cannot accept them. As I said, the Government are supportive of the inclusion of individuals from all backgrounds, and believe that the other place is enriched by Members who bring diverse experience. That of course includes former Members of this place. Former Members can bring valuable insights to the other place, particularly with their experience of the scrutiny of legislation. Denying such eligibility for a specific time period would be unnecessary and prevent valuable contributions being made. I therefore ask the hon. Member not to press his amendments.