Thérèse Coffey
Main Page: Thérèse Coffey (Conservative - Suffolk Coastal)Department Debates - View all Thérèse Coffey's debates with the Cabinet Office
House of Lords Reform (No. 2) Bill
Thérèse Coffey Excerpts(11 years, 1 month ago)
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Mr Nuttall
My hon. Friend makes a good point that links in with my earlier point about Cross Benchers, who often feel that they only want to take part in debates on issues on which they have specialist knowledge. It may be that in one Session their area of expertise is not brought before the House, but that in the next Session it is and their expertise is desperately needed.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
While I do not wish to disagree with my hon. Friends, I find it extraordinary that people could be appointed to the House of Lords and contribute, in more than 10 years, to just one debate on one day. They could give evidence to Select Committees, if that is all they are worth.
Mr Nuttall
I am grateful for that intervention. I think the vast majority of peers, as the figures demonstrate, take an active part in the proceedings of the other place. As with any large body, there will always be one or two Members who fall outside the general norm. The old adage says that difficult cases make bad law. We should not form our laws around one or two cases; we should look at the majority.
There are a lot of other things we could do to deal with non-attendance. Frankly, if peers are not attending, they are not causing any problems—they are not taking up any space and not making use of the facilities. I understand that there are one or two Members who, apparently, use the facilities but do not attend. Quite how that works needs to be considered, but I am sure there are other ways to do it. For example, it would be easy, even if the clause became law, for Members who wanted to retain their membership of the other place to take advantage of their membership without playing a full and active part. They could turn up on the first day of the Session, take part in a Division, thus ticking that box, continue to come and go as they please and not take part in anything else. Human nature being what it is, there will always be one or two who do that if such a provision is introduced. It would perhaps become known as “the Byles attendance”. They would do their Byles attendance day, get their mark and think, “Phew, that’s dealt with clause 2.”
Dr Thérèse Coffey (Suffolk Coastal) (Con)
It is a great pleasure to follow my hon. Friend the Member for Gainsborough (Sir Edward Leigh). He spoke at length on certain other aspects that he wished were in the Bill but, like him, I agree that keeping it modest means that it has a reasonable chance of making progress in this House and the other place. I welcome the Bill and am pleased to put my name to it as one of the co-sponsors, and I thank my hon. Friend the Member for North Warwickshire (Dan Byles) for inviting me to do so.
When I was a candidate at the general election, one gentleman in Kelsale wanted to speak at length on constitutional reform, and that was the sole reason on which he would place his vote. As we all know, when we are canvassing it is difficult to get the opportunity to spend more than two minutes with an elector without going back to see them another time. May I say to that gentleman in Kelsale that this bit of my speech is for him? I hope he is listening.
This useful Bill takes on a number of recommendations made in the report published in 2011 by Lord Hunt of Wirral and a cross-party group of peers. As has been said, the Bill is modest, but it has an important aim of protecting and enhancing the reputation of Parliament. In short, it deals with people who do not show up and people who are crooks. Clause 1, in particular, gives a proper mechanism for those who no longer wish to serve as Members of the House of Lords to step down.
Dr Coffey
I will come to that point later, if my hon. Friend will allow me.
Repeated experiences, recently and stretching well back into the past century, show that small reform has more chance of being passed, and of being effective. I believe there is general consensus in this place and the other place that some reform is required, and I am pleased that a number of proposals that we are discussing were supported yesterday by the report of the Political and Constitutional Reform Committee, of which my hon. Friend the Member for Christchurch (Mr Chope), and indeed our newly elected Deputy Speaker, are members.
There are 785 active noble Lords in the other place—considerably more than 10 years ago. It is not the right time to go into the ideal size of membership of the other place; that is a topic for another Bill and another day. But going to the nub of this Bill, clause 1 suggests that there is scope for a mechanism for effectively leaving the other place. As has been said, for the past two years there has been an informal voluntary retirement scheme, which involves peers being given permanent leave of absence, but not many people have taken that up. It was suggested that the lack of incentive to retire is stopping people.
I believe that providing a leaving payment or use of facilities for life would seem rather contrary to many people in the country. The European Parliament offers such benefits for former MEPs, but I suspect that that would not wash here. Judging by the reaction in the Chamber, the incentive suggested by my hon. Friend the Member for Christchurch and, I believe, my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), that they should receive a hereditary peerage, although one up in the hierarchy, as it were, would lead to excessive head-shaking—and not up and down.
There is a lot of merit in the suggestion of a leaving ceremony. We already see such ceremonies in other forms of government, although perhaps not in this place, where people are recognised for the service they have given to their constituents as councillors, and there is something to commend that for people from the other place who wish permanently to finish their service there.
In short, clause 1 provides the mechanism for noble Lords to leave Parliament once and for all. I understand that one peer, from Suffolk—the county I represent—Lord Phillips of Sudbury, decided to leave in 2006 and came back in 2009. I am sure he has been a very helpful Member of the other place, although not always voting with our Government.
Clause 2 provides that noble Lords not attending the other place during a Session lasting over six months, and not having leave of absence for the Session, would cease to be a Member. I believe it deals with people who do not show up—one thing that brings the other place into disrepute. As a parallel example, a non-executive director of UK plc who failed to show up to any meetings would be likely to be turfed out at the next annual general meeting. I would expect them to be turfed out if they showed up but did not ask a single question or utter a statement. That is important for the good repute of the other place.
Non-attendance is also contrary to the obligations of a Member of the other place as set out in the terms of the writ of summons. In exchange for the honour of a peerage bestowed by the Crown, noble Members have certain duties to carry out. They agree that they will be personally present in Parliament to “treat” and “give counsel” to the sovereign. Looking beyond that perhaps archaic language, I believe that the settlement of the writ remains valid, and that when noble Lords take up their writ, they should be expected to honour it. When candidates for Parliament sign up to be elected, it is expected that we will have obligations: we will vote. The Government and other Members are seeking mechanisms to recall Members of Parliament in certain circumstances. I believe it is important that anyone who becomes a Member of the House of Lords should expect to attend and contribute either their expertise or the crown of silver wisdom that one gets after a few advanced years.
Dr Coffey
My hon. Friend may not wish to. I am a bit surprised that he does not wish to criticise him; I expect he did when he was in this House. I do think it was a disgrace that Lord Heseltine decided not to grace the Lords with his presence for so long. I am strongly opposed to the concept of Buggins’s turns—that just because a person has filled a particular post, they should expect to get a peerage. That is wrong.
Jacob Rees-Mogg
I am grateful to my hon. Friend for giving way, because I think she is being unfair to some peers. There was a period, prior to the creation of working peerages, when people were raised to the peerage purely as an honour, and when that honour was given, there was no expectation that they would be day-to-day politicians. In more recent years that has changed and peerages have been almost entirely working peerages, but to change it for those who got it as an honour, and expect them to be day-to-day working politicians, would be unreasonable.
Dr Coffey
I understand what my hon. Friend says, and I am not suggesting that I expect everyone who has the privilege of being a Member of the Lords to be there every day, but they should be there to help by using their general expertise, which is often what they were appointed for. I disagree with the concept that just because someone served in a particular post, they should automatically become a Member of the Lords. That tradition has recently been broken, because the Metropolitan Police Commissioner has always become a peer until recently. That is welcome, because we should not assume that one aspect of noble service automatically leads to another. That has also been the case with Cabinet Ministers, not all of whom have been raised to the peerage.
Sir Edward Leigh
My hon. Friend is making a profoundly utilitarian point, with which I disagree. I think it was rather beautiful that there was a convention that former Prime Ministers used to get earldoms. Why not? I think it is rather lovely that we may have in our legislature Earl Lloyd-George or another great name from the past. What is wrong with that? What harm does it do?
Madam Deputy Speaker (Dawn Primarolo)
Order. I think we are straying a little. We are debating not how people get into the House of Lords but how they might leave it. Perhaps we could return to that.
Dr Coffey
Thank you, Madam Deputy Speaker—you are right. People have to get there before the Bill can even apply, but I will stray no further in response to interventions.
According to the figures available from the House of Lords Journal Office, there are 14 noble Lords who have not attended a single debate, Division or Committee during this Session and are not on the ineligible list of Lords who have a leave of absence. It is difficult to work out the numbers for previous Sessions, but I understand that the figures are between 10 and 20. Perhaps some of those noble Lords would attend more frequently if the Bill were passed, but the numbers are low enough for that not to be much of a problem.
We should make it clear that the Bill is not a step on the road to a professional second Chamber. The threshold for attendance is set deliberately low, so that we do not undermine the important strength of the other place, which is the experience and expertise of noble Lords from many walks of life. Clause 2 would end the situation whereby somebody can remain a Member of the other place and be able to vote on the most serious matters of state without setting foot in the Chamber for months, years or even decades. I understand that the Clerk of the Parliaments now writes to noble Lords who attend infrequently inviting them to take a leave of absence, so they are able to retire informally. That has led to a few more taking that route proactively, and I am sure I read today that by failing to reply to the Clerk of the Parliaments, four peers are now automatically being given a leave of absence.
Two categories of peer are not covered in the Bill, and we might need a bit of clarification—that is for my hon. Friend the Member for North Warwickshire to decide. One is noble Lords who are disqualified from attending the other place because they are members of the judiciary. They includes judges who were appointed Lords of Appeal in Ordinary under the old system prior to the establishment of the Supreme Court. They are currently disqualified from sitting, but only while working as judges. Indeed, the noble Lord Phillips of Worth Matravers has come back.
The other category of peers that is not covered—I am surprised that the other place chose this system—is those who are temporarily suspended because they have chosen to serve in another Parliament with the back-up plan of returning to the mother of Parliaments when elected democracy no longer suits them, or more likely, when the electors think they no longer suit them. If we pass the Bill, it might stimulate a practice of people resigning for good when they choose to leave the other place to serve the electorate directly.
I welcome clause 3, on the expulsion of noble Lords convicted of a serious offence. There is no doubt that it causes consternation for the membership of peers to go unchallenged despite their being sent to prison. No Member of this place or the other place should be above the law, and the view is reasonably held that we as legislators should be held to an even higher standard. The clause would make that happen.
It certainly makes sense to align the rules with those in the Commons, so that those given a sentence of a year or more should be forced to leave the Lords. In this Parliament, a Member of this House voluntary resigned before being convicted of a crime, although they were given a sentence of less than a year. Some noble Lords have been given similar sentences, and clause 1 would provide them with the opportunity to step down rather than perhaps simply not attending again. That is a common-sense, even overdue, measure that will bring the Lords into line with the long-established practices of this House and improve the reputation of Parliament as a whole.
To sum up, the Bill provides several reforming measures that are important, and indeed perhaps even necessary, because of the failures of past attempts at reform. It is important that we do what we can to enhance the reputation of Parliament. Allowing peers to resign or retire, if they wish to do so, with dignity is a common-sense move. The provisions on serious offences are also a way of enhancing the reputation and perception of Parliament. The measures relating to people who do not turn up to share the wisdom for which they were first appointed also take a sensible approach. I hope that there is consensus in the House, and that we make progress with the Bill today.
Jacob Rees-Mogg
I send my greetings and felicitations to that splendid gentleman and I hope that he continues for another eight years, so that he may reach his century. It proves my point: across society people are working to older ages, but legislation in the 1960s, 1970s, 1980s and 1990s has tended to impose tighter retirement ages, except in the House of Lords. I would not like the Bill to be used as a back-door way of introducing a retirement age. I accept that my hon. Friend the Member for North Warwickshire is sensible of that point, and that the Bill provides for retirement or resignation.
I dislike resignation, because if people sign up to a duty, they should not just walk away from it. That is lightweight and improper, and I find it hard to believe that any peer of the realm who has taken on that grave responsibility and high honour should then think that it is right to swan off and leave the House of Lords. They have taken their honour from their sovereign.
Dr Thérèse Coffey
I am interested to hear that it is not right just to swan off, but given that the writ suggests that people should be present in Parliament to give advice to the sovereign, does my hon. Friend agree that those people should turn up every now and again?
Jacob Rees-Mogg
I am all in favour of people turning up, but I made the point that there are valid reasons for not turning up as well as spurious ones. Of course there will be idle peers. It is even conceivable—although not in this current Parliament—that there have been idle Members of the House of Commons. You rightly look deeply shocked at that thought, Madam Deputy Speaker, but it must have happened on occasions. That does not mean that we should go around expelling Members of either House without knowing the full reasons for their actions, and it should be done under the auspices of the House. This House, through its Committees, has the ability to expel Members if it feels that is the suitable course of action. I cannot recall any example of a Member of this House being expelled for idleness. Some have been expelled for criminality, for treason or for libel, but I cannot think of one who has ever been expelled for idleness in the hundreds of years of the existence of the House. Penalties and fines have been introduced for non-attendance, but not expulsion, and it would be excessive to legislate for the House of Lords to expel for non-attendance when we are not willing to take it on ourselves.
Peers should of course obey their writ of summons and the Lords could introduce Standing Orders to cover that, but resignation would be improper. Having taken on a lifetime promise, people should not abrogate it willy-nilly. Retirement would be sad, because the Lords is the last representation in society of the elderly, and they are an increasingly important part of our society and deserve to be represented in the political nation. One of the great things about the Lords is that those of us who are little younger can wander over there and see some of the infirmities of age that are becoming such common issues across the nation. It helps bring those to the centre of the political debate and informs legislation on disability. The older people in the House of Lords have a deeper understanding of such issues than perhaps we do. That is valuable and I would strongly oppose any move to compulsory retirement. I would be cautious about clause 1 because it would open the way to that, and indeed that is what some of the promoters of earlier Bills probably wanted to see. Some people want a compulsory retirement age for peers.
Clause 3 is eminently sensible. It is a lacuna in our system that someone can serve a prison sentence and still be a Member of the House of Lords. They cannot invoke their privilege to attend the House of Lords when they are serving their prison sentences, but the day they are out they can come in.
One little point worth making is that I have checked two of, I believe, three peers in this situation, Lord Archer and Lord Black, neither of whom have participated in the House of Lords at any point since their convictions. There is, therefore, already a self-denying ordinance, which is attractive because our constitution works as much by convention as it does by statute law. We should not undermine the importance of that.
I have no objection to and indeed would be in favour of a more formalised rule. Having said that, the nub of the problem with a peer going to prison is as much to do with the title as with the ability to be in Parliament. I suggest that most people are not aware of the reasons why a knighthood can be removed and a peerage cannot be removed when somebody goes to prison. Equally, I would not like to make it easy to remove a peerage. It needs to be a difficult process because of a peer’s position as a legislator and the desire not to allow malign Governments, which do occur from time to time, to abuse a power that has been introduced for a very good reason. I would therefore like to see a different approach based on the Titles Deprivation Act 1917.
The 1917 Act—it is fascinating that we were three years into the war before we decided to do anything about this—set out the circumstances under which somebody could be reported to a Committee of the Privy Council for their peerage and title to be removed, which were that they had to be residing in an enemy country or fighting for the enemy in the current war. That had the advantage of essentially being a judicial process. I would argue that the deprivation of titles ought to be more a judicial than a directly internal matter. It is taking away not just something from a proceeding in Parliament; it is taking away an honour that it is used outside Parliament, is relevant outside Parliament and, in the case of an hereditary peerage, cascades down through the generations. This would allow, and I think the 1917 Act sets out a very good formula for doing it, the two members of the Judicial Committee of the Privy Council required to be on the Committee to consider whether somebody’s offence was serious enough that they should be deprived of their title, and therefore the rights and honours that go with it.