House of Lords (Hereditary Peers) Bill

Viscount Trenchard Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, it is a great pleasure to follow my noble friend Lord Murray, with whose excellent speech I find myself in complete agreement. I thank the noble Baroness, Lady Smith of Basildon, for her introduction of the Bill. I ask, however, whether she agrees that the Bill appears to lead to an undemocratic result that Parliament never contemplated when the Parliament Act 1911 was enacted?

The preamble to the Parliament Act 1911 is interesting. Its second sentence reads as follows:

“And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation”.


Parliament’s intention, as expressed in that preamble was to move a democratic direction. There was to be, first, a future second Chamber based on a popular rather than hereditary basis and, secondly, future legislation to limit and define the powers of the new second Chamber.

Over 100 years later, neither of these events has come to pass. The current Bill will result in an entirely appointed body—the opposite of a body constituted on a popular basis as contemplated in 1911. The idea that an Act of Parliament in 2025 can result in a less democratic body than was contemplated by Parliament in 1911 will strike many as odd. Some may regard it as a matter that would profit from further reflection, perhaps under the aegis of an all-party constitutional conference, as was attempted in 1910 and 1948 in the run-up to the Parliament Acts of 1911 and 1949.

In the debate held in your Lordships’ House on 22 July 1999 on the Standing Orders to be introduced to fill vacancies among the excepted hereditary Peers, the late Lord Bledisloe proposed an amendment which would have allowed the political party groups to enfranchise their life Peers as well as their hereditary Peers in hereditary Peers’ by-elections. I was struck by Lord Bledisloe’s observation:

“One of the unfortunate consequences of the debates on the House of Lords Bill is that, for the first time, Members of the House have been distinguished from each other by virtue of the fact that they are hereditary or life Peers. That division is a great pity and every effort should be made to ensure that it disappears as quickly as possible after the Bill is passed. The process would be greatly assisted if the House recognised that all its Members are of equal value and have a right to an equal say in the election”.—[Official Report, 22/7/1999; col. 1144.]


That division has unfortunately again reared its ugly head as a result of this Bill. Noble Lords are allocated to serve on their Front Benches, to serve on Select Committees, or to stand as candidates for positions as officers of all-party groups, irrespective of the route by which they entered your Lordships’ House.

The Leader of the House has said that this Bill represents a manifesto commitment. That is a little disingenuous. Labour’s manifesto commitment was to do four things now, and then later to consult on proposals to fulfil its commitment to replacing the House of Lords with an alternative second Chamber that is more representative of the nations and regions. Can the noble Baroness explain why she thinks that the Bill before your Lordships today does not in this regard do the precise opposite of what the manifesto argued for?

I believe the former Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, was being honest when he declared that the 1999 compromise

“would guarantee that stage two would take place”,

as my noble friend Lord Northbrook and others have said.

“So it is a guarantee that it will take place”,—[Official Report, 30/3/1999; col. 207.]

he said. The binding agreement envisaged that stage two would involve a move to an elected House, or at least the adoption of a significant directly or indirectly elected segment within a reformed House. If such a reform were now to be brought about, as was promised, I would be keen to stand for election in order to continue my work in this place, which I have always regarded as the most enormous privilege.

The Lord Privy Seal rued that the change commenced 25 years ago has still not been completed. So she should withdraw this Bill and replace it with one which would actually lead towards the completion of that process. This would add to the limited legitimacy your Lordships’ House enjoys, which derives in part from history—that we have had a House of Lords for many centuries—and from the effectiveness with which we perform our work of scrutinising and improving legislation.