PARLIAMENTARY DEBATE
House of Lords (Hereditary Peers) Bill - 12 November 2024 (Commons/Commons Chamber)
Debate Detail
Clause 1
Exclusion of remaining hereditary peers
Question proposed, That the clause stand part of the Bill.
Amendment 26, in clause 2, page 1, line 8, at end insert—
“(3) Jurisdiction in relation to claims to hereditary peerages is to be exercised by the Judicial Committee of the Privy Council.”
This amendment provides explicitly that the jurisdiction in relation to claims to hereditary peerages passes to the Judicial Committee of the Privy Council.
Clauses 2 and 3 stand part.
Amendment 25, in clause 4, page 2, line 16, leave out from “force” to end of line 17 and insert—
“only when the House of Commons has agreed a resolution which—
(a) endorses the conclusions of the report a joint committee appointed for the purpose specified in subsection (3A), and
(b) determines accordingly that this Act shall come into force at the end of the Session of Parliament in which this resolution is passed.
(3A) The purpose of the joint committee of the House of Commons and the House of Lords referred to in subsection (3) is to consider and report upon the Government’s stated plans for reform of the House of Lords, including—
(a) the removal of the right of excepted hereditary peers to sit and vote in the House of Lords,
(b) the introduction of a mandatory retirement age for members of the House of Lords,
(c) a new participation threshold to enable continuing membership of the House of Lords,
(d) changes to the circumstances in which disgraced members of the House of Lords can be removed, and
(e) changes to the process of appointment of members of the House of Lords.”
This amendment provides that the Bill would only come into effect after the report of a joint committee on wider reforms of the composition of the House of Lords has been approved by a resolution of the House of Commons.
Amendment 24, page 2, line 17, leave out “this Act is passed” and insert—
“the condition in section [requirement on Government to publish legislative proposals] is met”.
This amendment provides that the Bill would only come into effect at the end of the Session of Parliament in which the government publishes legislative proposals meeting the requirements set out in NC19.
Clause 4 stand part.
Amendment 12, in clause 5, page 2, line 21, leave out “(Hereditary Peers)” and insert “(Appointments and Membership)”.
This amendment would change the short title of the Bill and is consequential on NC9 and NC10.
Amendment 7, page 2, line 21, leave out “(Hereditary Peers)”.
This amendment is consequential on NC3, NC4, NC5 and NC6. It would amend the short title of the Bill.
Amendment 1, page 2, line 21, after “Peers” insert “and Bishops”.
This amendment is consequential on NC1. It would amend the short title of the Bill.
Amendment 8, page 2, line 21, after “Peers” insert—
“and Proposals for a Democratic Mandate”.
This amendment would change the short title of the Bill and is consequential on NC7.
Amendment 10, page 2, line 21, after “Peers” insert “and Appointments”.
This amendment would change the short title of the Bill and is consequential on NC8.
Clause 5 stand part.
New clause 1—Exclusion of bishops—
“(1) No-one shall be a member of the House of Lords by virtue of being a bishop or Archbishop of the Church of England.
(2) No bishop or Archbishop of the Church of England is entitled to receive, in that capacity, a writ of summons to attend, or sit and vote in, the House of Lords.
(3) Nothing in this section prevents a person who is, or has been, a bishop or Archbishop of the Church of England from receiving, and exercising the entitlements under, a peerage for life in accordance with section 1 of the Life Peerages Act 1958.
(4) Nothing in this section prevents a person who is, or has been, a bishop or Archbishop of the Church of England from being permitted to enter the House of Lords for the purpose only of leading prayers in accordance with arrangements made by that House.”
This new clause provides that bishops of the Church of England will no longer be entitled to membership of the House of Lords.
New clause 2—Exclusion of bishops: consequential amendments etc.—
“(1) In the House of Lords Precedence Act 1539—
(a) omit section 3 (places of the Archbishops and Bishops);
(b) in section 6 (place of the King’s Chief Secretary) omit the words after “aforementioned”.
(2) The Bishoprics Act 1878 is repealed.
(3) In the Welsh Church Act 1914 omit section 2(3) (writs of summons to be issued to bishops not disqualified by the 1914 Act for sitting in the House of Lords).
(4) In the House of Commons Disqualification Act 1975, in section 1(1) omit paragraph (za) (disqualification of Lords Spiritual).
(5) In the Northern Ireland Act 1998, in section 36(6) omit paragraph (b) (a person is not disqualified for membership of the Assembly by reason only that he is a Lord Spiritual).
(6) In the Scotland Act 1998, in section 16(1) omit paragraph (b) (a person is not disqualified from being a member of the Scottish Parliament because he is a Lord Spiritual).
(7) In the House of Commons (Removal of Clergy Disqualification) Act 2001, in section 1, omit subsection (2) (Lords Spiritual disqualified from being a Member of the House of Commons).
(8) In the Constitutional Reform and Governance Act 2010, in section 41, omit subsection (6)(b) (members entitled to receive writs of summons to attend the House of Lords by virtue of being an archbishop or bishop); but this subsection is without prejudice to the continued application of that provision in relation to tax years beginning before the commencement of this Act.
(9) In the House of Lords Reform Act 2014, in section 4(3), omit “or as a Lord Spiritual”.
(10) The Lords Spiritual (Women) Act 2015 is repealed.
(11) In the enactment formula used for Acts passed after the passing of this Act, where the phrase “by and with the advice and consent of the Lords Spiritual and Temporal, and Commons” appears, the phrase “by and with the advice and consent of the Lords and Commons” is to be used instead.”
This new clause makes repeals and amendments to other Acts consequential on NC1, as well as providing for changes to words of enactment.
New clause 3—Mandatory retirement at the age of 80—
“(1) A member of the House of Lords who reaches the age of 80 during a Session of Parliament ceases to be a member of the House of Lords at the end of that Session.
(2) No-one shall be eligible for a peerage for life to be conferred in accordance with section 1 of the Life Peerages Act 1958 after they reach the age of 80.
(3) A member of the House of Lords who has reached the age of 80 shall not be entitled to receive a writ to attend the House under section 1 of the Life Peerages Act 1958 or by virtue of the dignity conferred by virtue of appointment as a Lord of Appeal in Ordinary.”
This new clause provides that peers who are over the age of 80 will no longer be entitled to membership of the House of Lords at the end of the parliamentary session they turn 80 and that no one can be appointed a Life Peer after they reach that age.
New clause 4—Minimum contribution in the House of Lords—
“(1) A member of the House of Lords who is a peer and does not participate in the proceedings of the House of Lords or its committees during a period of eight consecutive sitting weeks ceases to be a member of the House.
(2) A person participates in the proceedings of the House of Lords for the purposes of subsection (1) if they undertake any activity which qualifies for financial support allowance under the scheme agreed by the House of Lords and then in force.
(3) Subsection (1) does not apply to a peer if—
(a) the peer was disqualified from sitting or voting in the House, or suspended from its service, for the whole or part of eight consecutive sitting weeks, or
(b) they fall within the terms of a Standing Order of the House of Lords providing for exemptions from the provisions of subsection (1) for reasons related to parental leave, illness, bereavement or other specified circumstances.”
This new clause provides a minimum participation requirement for members of the House of Lords of one contribution every eight sitting weeks. A member who does not meet the minimum contribution requirement can no longer be a member of the House of Lords.
New clause 7—Duty to take forward proposals for democratic mandate for House of Lords—
“(1) It shall be the duty of the Secretary of State to take forward proposals to secure a democratic mandate for the House of Lords.
(2) In pursuance of the duty under subsection (1), the Secretary of State must carry out the steps set out in subsections (3), (5), (6) and (7).
(3) Within twelve months of the passing of this Act, the Secretary of State must lay before each House of Parliament a consultation paper on methods for introducing directly elected members in the House of Lords.
(4) After laying the consultation paper under subsection (3), the Secretary of State must seek the views on the matters covered by that paper of—
(a) each party and group in the House of Lords,
(b) each political party represented in the House of Commons,
(c) the Scottish Government,
(d) the Welsh Government,
(e) the Northern Ireland Executive,
(f) local authorities in the United Kingdom,
(g) representative organisations for local authorities in the United Kingdom, and
(h) such other persons and bodies as the Secretary of State considers appropriate.
(5) Within sixteen months of the passing of this Act, the Secretary of State must lay before each House of Parliament a report on responses to the consultation.
(6) Within eighteen months of the passing of this Act, the Secretary of State must lay before each House of Parliament a draft Bill containing legislative proposals on each of the matters mentioned in subsection (3).”
This new clause imposes a duty on Ministers to take forward proposals to secure a democratic mandate for the House of Lords through introduction of directly elected members.
New clause 8—Life peerages not to be conferred against recommendation of the House of Lords Appointments Commission—
“(1) The Life Peerages Act 1958 is amended as follows.
(2) In section 1, after subsection (1) (power to confer life peerages) insert—
“(2A) The power under subsection (1) may not be exercised in relation to a person if the House of Lords Appointments Commission has written to the Prime Minister to recommend a peerage should not be conferred on that person.””
This new clause would prevent a life peerage being conferred on a person if the House of Lords Appointments Commission has recommended against the appointment.
New clause 9—Life peerages only to be conferred on persons who meet propriety standards—
“(1) The Life Peerages Act 1958 is amended as follows.
(2) In section 1, after subsection (1) (power to confer life peerages) insert—
“(2A) The power under subsection (1) may not be exercised unless the Prime Minister has received a letter from the House of Lords Appointments Commission stating that, in their view, the person on whom a peerage is be to conferred has met appropriate standards of propriety.
(2B) For the purposes of this section, “propriety” means—
(a) the person is in good standing in the community in general and with the public regulatory authorities in particular; and
(b) the past conduct of the person would not reasonably be regarded as bringing the House of Lords into disrepute.””
This new clause would prevent a life peerage being conferred on a person unless the House of Lords Appointments Commission had confirmed to the Prime Minister that the person met the appropriate standards of propriety.
New clause 10—Expulsion of peers on grounds of prior propriety advice—
“(1) It shall be the duty of the House of Lords Appointments Commission to inform the Lord Speaker by letter of each instance where a peerage has been conferred on a person who has been found in their view not to meet the appropriate standards of propriety.
(2) For the purposes of this section, “propriety” means—
(a) the person is in good standing in the community in general and with the public regulatory authorities in particular; and
(b) the past conduct of the person would not reasonably be regarded as bringing the House of Lords into disrepute.
(3) The Lord Speaker must lay before the House of Lords a copy of any letter received under subsection (1) on the next day on which the House of Lords sits.
(4) Any person who is the subject of a letter under subsection (3) ceases to be a member of the House of Lords on the day after the day on which a copy the letter is laid before the House of Lords.
(5) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.”
This new clause would mean that any Member of the House of Lords who had been appointed despite the House of Lords Appointments Commission finding that they didn’t meet the appropriate standards of propriety would cease to be a Member of the House of Lords.
New clause 11—Expulsion of peers who have made donations to a political party—
“(1) A member of the House of Lords who has made one or more donation or loan to a political party with an aggregate value of more than £11,180 since 1 January 2001 ceases to be a member of the House of Lords on 1 February 2026 unless the condition in subsection (2) is met.
(2) The condition in this subsection is that the political party which received the donations or loans pays to the relevant member of the House of Lords the full aggregate value of those donations or loans on or before 9 January 2026.
(3) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.
(4) For the purposes of this section—
“donation” means a donation which is published by the Electoral Commission in its register of recorded donations under section 69 of the of the Political Parties Elections and Referendums Act 2000;
“loan” means a transaction published by the Electoral Commission in its register of recordable transactions under section 71V of the Political Parties, Elections and Referendums Act 2000.”
This new clause provides for a member of the House of Lords who has made registered political donations or loans of over £11,180 since 2001 to cease to be a member of the House of Lords unless those donations and loans were repaid.
New clause 12—Life peerages not to be conferred on donors to political parties—
“(1) The Life Peerages Act 1958 is amended as follows.
(2) In section 1, after subsection (1) (power to confer life peerages) insert—
“(1A) The power under subsection (1) may only be exercised to confer a peerage on a person in respect of whom the conditions in subsections (1B) and (1C) are met.
(1B) The condition in this subsection is that the person has provided the Prime Minister with a declaration that, since 1 January 2001, that person—
(a) has not donated or loaned more the £11,180 to a political party; or
(b) had made such a donation or loan, but that it has been repaid in full.
(1C) The condition in this subsection is that the Prime Minister is satisfied that the declaration made under subsection (2) is true.
(1D) For the purposes of this section—
“donation” means a donation which is published by the Electoral Commission in its register of recorded donations under section 69 of the Political Parties Elections and Referendums Act 2000;
“loan” means a transaction published by the Electoral Commission in its register of recordable transactions under section 71V of the Political Parties, Elections and Referendums Act 2000.””
This new clause would prevent a life peerage being conferred on a person unless they had declared that they had not made a donation or loan to a political party of over £10,000.
New clause 13—Exclusion of life peers who have recently been members of the House of Commons—
“(1) No person who was a member of the House of Commons shall be a member of the House of Lords—
(a) during the Parliament in which they were a member of the House of Commons;
(b) during the Parliament following the last Parliament in which they were a member of the House of Commons;
(c) during a period of five years commencing on the last day on which they were a member of the House of Commons.
(2) Where a person ceases to be a member of the House of Lords in accordance with this section, section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member) applies as if that person had ceased to be a member in accordance with that Act.”
This new clause provides that no one who was an MP in the current or previous Parliament, or in the previous five years, is eligible for appointment to, or to remain as a member of, the House of Lords.
New clause 14—Removal of power to make political appointments—
“(1) The Life Peerages Act 1958 is amended as follows.
(2) After section (1) (1) (power to confer life peerages) insert—
“(2A) No recommendation may be made to His Majesty to confer a peerage except by the House of Lords Appointments Commission.””
This new clause would prevent peerages being conferred under the Life Peerages Act 1958 unless done so on the recommendation of the House of Lords Appointments Commission.
New clause 19—Requirement on Government to publish legislative proposals—
“The condition in this section is that the Government has published a draft Bill containing—
(a) provisions to remove bishops and Archbishops of the Church of England from membership of the House of Lords,
(b) provisions to reduce the number of members of the House of Lords to no more than 650, and
(c) such other provisions as the Government considers are appropriate to give practical and equitable effect to the provisions mentioned in paragraphs (a) and (b).”
This new clause requires the Government to publish a draft Bill to remove Bishops from the House of Lords and reduce the membership to 650 or less.
New clause 20—Purpose of this Act—
“Whereas it has not been expedient at present for the Government to bring forward legislation to reform the House of Lords, the purpose of this Act is to provide that the Lords Temporal are peers appointed under section 1 of the Life Peerages Act 1958 on the recommendation of the Prime Minister.”
This new clause describes the purpose of the Bill.
Amendment 2, in title, line 2, after first “Lords” insert—
“to provide for bishops of the Church of England no longer to be entitled to membership of the House of Lords;”
This amendment is consequential on NC1. It would amend the long title of the Bill.
Amendment 3, line 2, after first “Lords” insert—
“to make provision for mandatory retirement from the House of Lords;”
This amendment is consequential on NC3. It would amend the long title of the Bill.
Amendment 4, line 2, after first “Lords” insert—
“to make provision for the expulsion of Members of the House of Lords for non-participation;”
This amendment is consequential on NC4. It would amend the long title of the Bill.
Amendment 13, line 2, after first “Lords” insert—
“to provide for a requirement for members of the House of Lords to meet standards of propriety;”
This amendment would change the long title of the Bill and is consequential on NC9 and NC10.
Amendment 14, line 2, after first “Lords” insert—
“to exclude from membership of the House of Lords persons who have made certain political donations or loans;”
This amendment would change the long title of the Bill and is consequential on NC 11 and NC12.
Amendment 15, line 2, after first “Lords” insert—
“to exclude former members of the House of Commons from membership of the House of Lords for a specified period;”
This amendment would change the long title of the Bill and is consequential on NC13.
Amendment 16, line 2, after first “Lords” insert—
“to preclude the conferral of life peerages other than upon the recommendation of the House of Lords Appointments Commission;”
This amendment would change the long title of the Bill and is consequential on NC14.
Amendment 9, line 3, after “peerages” insert—
“to impose a duty in connection with securing a democratic mandate for the House of Lords”.
This amendment is consequential on NC7.
Amendment 11, line 3, after “peerages” insert
“to preclude the conferring of life peerages against the recommendation of the House of Lords Appointments Commission;”
This amendment would change the long title of the Bill and is consequential on NC8.
As I noted a number of times on Second Reading, this is a short and focused Bill. It delivers on the Government’s manifesto commitment to bring about an immediate reform by removing the rights of the remaining hereditary peers to sit and vote in the House of Lords. This Bill is a matter of principle. In the 21st century, it cannot be right for there to be places in our legislature reserved for those born into certain families. Having now seen all the amendments tabled by parties from across the House, it is clear that there is no principled objection to the aim of the Bill, which is to remove the right of people to sit and make laws in our legislature by virtue of an accident of birth. Therefore, I hope that all Members across the House can join Government Members in voting for this important and long-overdue legislation.
I look forward to hearing from hon. Members over the course of today’s debate, but I shall start with the detail of the Bill itself. Clause 1 is clear, straightforward and central to the overall purpose of the Bill. It removes membership of the House of Lords from the remaining hereditary peers. Specifically, clause 1 repeals section 2 of the House of Lords Act 1999, which currently provides an exception to the general exclusion of hereditary peers from membership of the House in section 1 of the 1999 Act. Under that exception, 90 hereditary peers and those hereditary peers holding the office of Earl Marshal or performing the office of Lord Great Chamberlain continue to be Members of the other place.
The clause is a core part of the Bill and delivers the Government’s clear manifesto commitment to remove the right of the remaining hereditary peers to sit and vote in the other place. It will result in the removal of the 92 reserved places for hereditary peers. There are currently vacancies in the seats reserved for hereditary peers—at present, there are 88 hereditary peers in the other place. Such vacancies would usually be filled by a hereditary peer by-election, but such by-elections have been paused until January 2026 by changes to the Standing Orders agreed by the other place in July 2024.
The Government value the good work done by hereditary peers, and we have spoken on several occasions about the individuals who have served in Parliament with duty and dedication. These reforms are not personal, but they are long overdue and essential.
Clause 2 abolishes the jurisdiction of the House of Lords in relation to hereditary peerage claims. I appreciate that the subject of hereditary peerage claims may be a novel one to hon. Members and one that was not discussed on Second Reading, so let me provide a clear explanation of what hereditary peerage claims are, why they are mentioned in the Bill, and why the Government are proposing to remove the jurisdiction of the House of Lords. A hereditary peerage claim—or peerage claim, as I will refer to them—is when a person seeks to be formally recognised as the holder of the title of a hereditary peerage. Usually, the claimant of the peerage is the undisputed heir and is simply entered on the Roll of the Peerage following an application to the Lord Chancellor.
However, there can be some cases where the claim is disputed or complex. Currently, these cases are usually referred to the other place to advise the Crown on how to determine the claim. The House also confirms undisputed successions of Irish peerages in parallel with an application to the Lord Chancellor. Complex or disputed peerage claims occur very infrequently. There have been fewer than 10 claims considered by the other place in the past 50 years. Given that the Bill removes the final link between hereditary peerage and membership of the House of Lords, it is no longer appropriate for these issues to be dealt with by the other place. That is why the Bill would abolish the jurisdiction of the other place in relation to peerage claims. The intention is that future complex or disputed peerage claims that would otherwise have been considered by the other place will instead be referred to the Judicial Committee of the Privy Council under section 4 of the Judicial Committee Act 1833.
Undisputed successions to Irish peerages will, like other types of peerage, continue to be dealt with by the Lord Chancellor. As hon. Members know, the Judicial Committee of the Privy Council, which is made up of justices of the Supreme Court and other senior judges, already has a well-established constitutional role in advising the sovereign and is the appropriate body to consider these matters. The Government have discussed this matter with the Judicial Committee of the Privy Council, which is content to take on this function. Therefore, the Government believe that, following the removal of the hereditary peers, it is appropriate for the other place’s jurisdiction in relation to peerage claims to come to an end.
I thought that it would be helpful to briefly address amendment 26 to this clause tabled by the hon. Member for Brentwood and Ongar (Alex Burghart). The amendment makes it explicit that the jurisdiction for considering peerage claims would be transferred to the Judicial Committee of the Privy Council. The Government’s position is that it is unnecessary to expressly state in the Bill the transfer of the jurisdiction of peerage claims. That is because, as I have set out, matters such as peerage claims can already be referred to the Judicial Committee of the Privy Council by the Crown under section 4 of the Judicial Committee Act 1833. I therefore urge the hon. Member not to press his amendment.
Turning to other parts of the Bill, clause 3 makes consequential amendments to reflect the repeal of section 2 of the House of Lords Act 1999, and more generally on the basis that there will no longer be any Members of the House by virtue of a hereditary peerage. The amendments reflect the fact that certain provisions in the Peerage Act 1963, the House of Lords Act 1999, the Constitutional Reform and Governance Act 2010, and the House of Lords Reform Act 2014 are now redundant as a result of this legislation.
Clause 4 sets out the territorial extent of the Bill and when it will commence. An amendment or repeal made by the Bill has the same extent as the provision amended or repealed. Subject to that, the Bill extends to England and Wales, Scotland and Northern Ireland.
On commencement, the Bill will come into force at the end of the Session of Parliament in which it receives Royal Assent. If the Bill passes in this Session, hereditary peers who are Members of the other place will depart at the end of the Session. The timing of the implementation of the Bill ensures the delivery of the manifesto commitment for immediate reform in a timely fashion while not undermining the business of the House with the sudden departure of a number of hereditary peers in the middle of a parliamentary Session.
Subject to the timely progress of the Bill, it will give due notice to existing hereditary peers, allowing for opportunities to give valedictory speeches, which is consistent with the approach taken in the 1999 Act.
Clause 5 simply establishes the short title of the legislation as the “House of Lords (Hereditary Peers) Act 2024”. If the Bill is passed in 2025, the short title will automatically be changed to the “House of Lords (Hereditary Peers) Act 2025”.
I note that a number of new clauses have been tabled. Of course, I look forward to hearing from the newest zealous member of the cause for constitutional reform, the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), as well as from the hon. Members for Richmond Park (Sarah Olney) and for Perth and Kinross-shire (Pete Wishart) and others. I will not prejudge what they have to say on these matters, but I note again that this is a focused Bill that delivers on a clear manifesto commitment.
As I have said, the Bill is the first step in the Government’s broader plans to reform the second Chamber. We recognise that other elements of that agenda are more complex, and it is right that we take time to consider them properly.
Alongside the Bill, the Leader of the House of Lords is engaging in dialogue with the other place on taking forward reforms to bring about a smaller and more active second Chamber. In fact, as we speak, she is leading a debate on that very subject in the other place. I look forward to further discussions on this matter in the House in due course, so that we get it right. None of the amendments that have been tabled contest the objective of the Bill to remove the right of people to sit and make laws in our legislature by virtue of an accident of birth. They should, therefore, not prevent us from making progress on this important and long overdue reform.
New clause 20, in my name, would allow us to call the Bill out for what it is. We would like the Government’s failure to bring forward a proper plan for House of Lords reform, as promised in their manifesto, to be recorded in black and white as part of the Bill. We would like the Bill’s true purpose—to enable, for the first time, all Lords Temporal to be appointed by the Prime Minister—to be placed on the face of the Bill.
Why does this matter? Well, nobody sits in the House of Lords now by simple right of birth. Before 1999, a hereditary peerage generally carried with it the right to sit and vote in the House of Lords, but the House of Lords Act 1999 removed the right of most hereditary peers to membership of the House of Lords. As we on the Conservative Benches know, Labour has a problematic relationship with history, and it seems to have forgotten that the reason 90 hereditary peers were left was as a firm marker for further reform—the idea being that there would be no more piecemeal reform of the House of Lords, but that instead a Government would need to bring forward a comprehensive plan for change.
The Labour Government are now, of course, asserting that the continued presence of excepted hereditary peers is an accident. That is not true. At the time, Lord Irvine of Lairg explained that the hereditary peers remained as a guarantee from the Labour Government that the second stage, or proper reform of the House of Lords, would take place. As he put it in 1999,
That lifetime guarantee appears now to have expired.
The Labour party promised in its manifesto that
“The next Labour government will…bring about an immediate modernisation”
of the Lords. The manifesto promised that that modernisation would consist of a mandatory retirement age of 80, a new participation requirement, a strengthening of
“the circumstances in which disgraced members can be removed”
from that House, reform of the appointments process, and improvement of
“the national and regional balance of the second chamber.”
Although we on the Conservative Benches might not agree with those proposals, the Labour party promised to introduce them immediately, but the only immediate modernisation being undertaken is to remove a group of hard-working and diligent peers, including 33 Cross Benchers and their Convenor, for the crime of not being Labour party placements.
I turn now to amendment 25 in my name, which concerns the very simple Conservative principle that constitutional change should not be rushed, and should certainly not be proposed for political advantage. We have inherited a constitution that has evolved through the generations and has the distinction of working. The current constitution of the other place has been effective in bringing expertise and a degree of independence to the work of legislative scrutiny. Like much of the uncodified British constitution, one might not have created such a system from scratch, but the tried-and-tested checks and balances of the House of Lords have complemented the work of the elected Commons.
The Lords does not claim to be a democratic Chamber, and that is the point: our House has primacy. We can see the dangers of ill-though-through constitutional change. None of us in this place will forget the difficulties caused by the Fixed-term Parliaments Act 2011, a foolish measure introduced by the coalition Government that created all manner of unintended consequences. It was rightly repealed by the Conservatives in the last Parliament to reinstate tried and tested long-standing conventions. Let that be a warning to the Government as they meddle, in the name of petty politics, with long-standing conventions that work. Walter Bagehot eloquently described the “dignified” and “efficient” elements of our constitution. In a sense, the hereditary peers represent both thanks to the way in which they diligently scrutinise legislation. Labour must take care that pulling on one thread—in this case, that of the hereditary peers—does not unravel a great deal more.
Amendment 25 seeks to ensure that there is proper scrutiny of the changes to the composition of our legislature. It makes the simple request that a Joint Committee of both Houses should be allowed to scrutinise and report on the Government’s so-called “immediate modernisation” plans, and that this place should agree before legislation comes into force. That plan would be led by the Conservative principle that constitutional change should not be rushed but carefully considered, and implemented only if the House is confident that it will work.
Amendment 26, which stands in my name, seeks clarity on the issue of disputed peerage claims. However, I have listened carefully to what the Minister has said, and I understand that existing mechanisms are in place. For that reason, we will not press it.
To conclude, we on the Conservative Benches think that this Bill is a sham of reform. It is fundamentally misconceived, focusing on the composition of the other place rather than on how we can ensure that it best performs its vital role of scrutiny. This is a Government and a Prime Minister who do not stand up to scrutiny—a Government led by politics, not by principles. My amendments seek to reinsert some principles into this process: that promises to both Parliament and the electorate should be kept, and that we should legislate only for what works, not for political advantage. I see no reason why the Government cannot accept the amendments today.
I genuinely welcome the new reforming zeal of the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), and I believe there are merits to some of the amendments that bear his name. I am glad that the hon. Member for West Suffolk (Nick Timothy) has said that those amendments are part of our manifesto, because they are, as is this Bill. I am sure that means that he will want the Salisbury convention to be accepted in the other place when the Bill reaches it, meaning that Opposition Members in the House of Lords will make no attempt to prevent its successful passage. I am sure that at some point in today’s proceedings, an Opposition Front Bencher will be able to confirm for the record that the Bill will pass smoothly once it has passed this House.
We have just heard the importance of the primacy of this House stated eloquently by the hon. Member for Brentwood and Ongar (Alex Burghart). This House is going to make a decision on the Bill today—to decide whether we believe there should be a role for hereditary peers in the House of Lords—and it will then be sent to the House of Lords. Given the importance of convention, history and statute, I am sure that he will be able to confirm that the House of Lords will happily pass it, without any attempts by Opposition Members to amend it. I doubt it, but I hope so.
The point of the Bill, and the reason why I believe it deserves support from all sides of the House, is that—as my hon. Friend the Minister pointed out—this is the first step in a package of House of Lords reform.
The Conservative party made modest reforms during previous Parliaments, such as giving Members of the House of Lords the ability to retire from it. That was a small change, but one with consequential impacts—far more Members have left the House of Lords under that provision than will be impacted by the provisions in this Bill. That was done thoughtfully, carefully, slowly and, I think, consensually.
Similarly, I think that the principle of this Bill—that hereditary peers will no longer have the right to sit in the House of Lords—has already been established in this House. None of the amendments that have been tabled today seeks to overturn that; none of them seeks to make a case for the continuation of hereditary peers. As such, the consensus that the right hon. Gentleman rightly talks about exists in this Bill. The more we seek to tack on to the Bill—taking other elements of constitutional reform and adding them to the Bill—the more we risk that consensus falling apart. We risk this House not having a settled position, creating the opportunity for potential wrecking amendments. I do not suggest that Opposition Members are tabling wrecking amendments, but they could be tabled elsewhere to completely flatline what is a very modest and sensible reform.
There is one aspect that is not of itself an argument for keeping the hereditary peers, but is something that will be lost if and when they go. That is, the hereditary peers are one group of people who are not appointed subject to prime ministerial patronage. Without straying beyond the scope of today’s debate, could the hon. Gentleman give us an inkling of whether something like putting the House of Lords Appointments Commission on a statutory basis is a reform that the Government might consider, bearing in mind some of the controversial cases where people have been imposed on the House of Lords in defiance of the commission’s preferences?
I agree with the right hon. Member about the important role of the House of Lords Appointments Commission and the robustness with which its advice should be treated. Without wishing to go down the route of political point scoring, there is something to be said for independent verification of an individual’s suitability for that place, and how that ought to be respected and put on a footing that would potentially mean that incidents like those we have seen under previous Prime Ministers would not recur. Again, I would love to be able to make a commitment in this Chamber, but the only things I can commit to are those relating to my constituency and my own personal opinions.
I do not disagree with the necessary principle that the right hon. Gentleman is putting forward about whether or not bishops should be entitled to seats in the House of Lords by virtue of their being bishops. On Thursday, a Bill is to be debated that would amend the right of women bishops to sit in the House of Lords, because we have always, over time, gently updated and amended our constitution to ensure that it reflects the society we want to be. I would welcome an opportunity to properly debate and consider this matter. The right hon. Gentleman says that it is not his intention to disestablish the Church of England by the removal of the bishops, but there are consequences to these actions, which deserve more consideration and debate—
Finally, on Second Reading we heard a great deal about our manifesto and the Labour party’s commitment to House of Lords reform. The ’99 reforms were one of the most significant changes to our constitutional settlement that there had been for a very long time. It was not just about the expulsion of the hereditary peers, but the creation of the Lord Speaker and the removal of the Law Lords to sit in the Supreme Court. It was a package that came forward, over time, in a series of Bills to implement the commitment that we made at the ’97 election. That, for me, is the start of where we are today. We will put through the Bill that does the first part, bank that and then move on. I know that there is an appetite across the House for considerable House of Lords reform—that has been evident from Opposition speeches—but we need to bank what we have done and move forward.
I hope that today we shall pass the Bill through Committee unamended and on to Third Reading, so that it can make its way to the other place where, because of the commitment that I know the Minister will give in summing up later, the Salisbury convention will be engaged; that it can pass through the House of Lords quickly, without change; and that we can move on with the rest of the reform that we require.
My Liberal Democrat colleagues and I are proud that it is our party that has for decades led the call for reform of the House of Lords with a democratic mandate. The Bill is a welcome step forward, and one that we support. However, we do believe that broader and bolder reform of our upper Chamber is needed, which is why I have tabled these two new clauses to extend the powers of this legislation. The new clauses would finally see the House of Lords with a democratic mandate and would ensure that the House of Lords Appointments Commission could never again be sidestepped and ignored by an unscrupulous Government.
With so much trust in politics having been destroyed by the chaos of the previous Conservative Government, we must take this opportunity to underscore the integrity of Parliament, with transparency and democratic authority in our second Chamber. We are grateful to the Government for introducing this legislation so early in the Parliament. Fundamentally, the Liberal Democrats do not believe that there is space in a modern democracy for hereditary privilege.
New clause 7 would impose a duty on Ministers to take forward proposals to secure a democratic mandate for the House of Lords through introduction of directly elected Members. Around the world, trust in the institutions and levers of the democratic process have too often frayed over recent years. In our democracy, we must ensure that the vital link between the people and their institutions remains strong. A democratic mandate is central to that mission. Reform of our upper Chamber has been a long-standing Liberal Democrat policy. We must do all we can to restore public trust in politics after the chaos of the previous Conservative Government. By introducing a democratic mandate for Members of the House of Lords, we can ensure that trust in politics is strengthened.
The disregard with which the previous Conservative Government treated the public’s trust threatened to erode faith in our democracy. The Bill is an opportunity to underline our commitment to democratic values and to begin to rebuild that trust. The new clause would strengthen the democratic mandate of the second Chamber, and Liberal Democrats call on the Government to support it as well our calls for wider reform to modernise our electoral system.
We want to strengthen democratic rights and participation by scrapping the Conservative party’s voter ID scheme.
We want to take big money out of politics by capping donations to political parties. We also want this new Labour Government to be bold in transferring more powers from Westminster and Whitehall. We believe that local authorities know best what their communities and towns need, and we want the Government to acknowledge that by boosting their authority and powers.
We continue to support the findings of the Burns report in 2017, which recommends cutting the House of Lords to 600 peers and outlines ways in which to ensure that that happens. Although the removal of hereditary Members is an important step in that process, we will continue to push the Government to make further reforms in future. In particular, we look to them to uphold their manifesto commitment to introducing a retirement age, a measure which would further aid the reduction and subsequent management of the size and membership of the upper House.
We want the second Chamber to have proper democratic legitimacy. Ultimately, we want to move towards replacing the House of Lords with an elected Chamber. We believe that moving to a fully democratic, elected Chamber is essential to strengthening the integrity of Parliament and the authority of our second Chamber. New clause 7 would enshrine a democratic mandate for our second Chamber in the Bill, thus strengthening the integrity of our Parliament.
New clause 8 would prevent a life peerage from being conferred on a person if the House of Lords Appointments Commission recommended against the appointment. We have consistently spoken out against the current system of prime ministerial appointments, which ingrains 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 follow in the footsteps of the previous Conservative Government, who allowed the other House to balloon in size, and that they will do everything possible to prevent a culture of sleaze and cronyism from developing in their Administration, as we saw under the previous Conservative Government. As former Prime Minister Boris Johnson proved by becoming the first Prime Minister to ignore the advice of HOLAC, making deeply inappropriate appointments to the other House, it is far too easy for a culture of sleaze to develop in the heart of Government.
It is essential that we strengthen and improve public confidence in politics. I hope the Minister agrees that accepting this amendment would strengthen the integrity of any Government and prevent the kind of behaviour I have described from returning to Westminster. The new clause would ensure that recommendations made by the House of Lords Appointments Commission could no longer be bypassed by the Prime Minister, improving the integrity and democratic powers of our second Chamber.
I am glad that the Government have indicated that the Bill is a first step in reforming the other place, and that in their manifesto they committed to reforms such as changes to the appointment process. I am grateful to the Minister for the Cabinet Office for his recent commitment to consider improving the mechanisms for reviewing appointments to the other House and implementing safeguards to protect against cronyism. If the Minister and the Prime Minister are sufficiently convinced that they will never override HOLAC—which they should be—do they agree that enshrining that principle in law is a good thing?
New clause 8 would strengthen the powers of HOLAC and I urge the Minister to support it to remove the perception that the House of Lords will now be more subject to patronage. I also ask him to set out a timeline for introducing broader reforms, which would bring the appointment of peers more in line with those of other honours, such as knighthoods, which require an overview of the relevant skills, knowledge and experience of the candidate.
We are clearly living in a new era of politics. Political engagement is at an historic low. Voter participation in our recent general election was the lowest since 2001, with fewer than 60% of eligible voters casting their ballot. It is vital that we do all we can to restore public trust in Government.
It is also important that Parliament represents and reflects the diversity and richness of the people and cultures that make up our country. Currently, not a single hereditary peer is a woman. The privilege of hereditary peer membership exacerbates the distinct gender imbalance of the second Chamber. The Bill, which removes the last remaining hereditary peers’ membership of the other place, is a significant step in moving towards a more representative Parliament.
I hope we can all agree on the inappropriateness of hereditary status as a qualification for membership of a second Chamber in a modern parliamentary democracy, and that being the son, grandson or great grandson of a former courtier, colonial administrator, or 20th-century businessman is neither reason nor justification for a seat in a democratic Parliament.
My Liberal Democrat colleagues and I welcome the Bill and we are grateful to the Government, because in the legislation and subsequently we hope to see the most significant modernisation of the upper Chamber in a quarter of a century.
I have heard Opposition Front Benchers say today that the Bill is based not on principle, but on political advantage. Serving in Westminster should never be an inalienable birthright. We can all get behind that basic principle. The very concept of hereditary peers remains indefensible in the 21st century. We are one of only two nations that currently has them. There should not be 92 seats in the other place reserved for people born into the right families. It is time to end that.
This Bill not only sets out our ambition to remove this archaic right, but shows our determination to make our democracy stronger and more representative. It is just the start of our commitment to reforming the other place and improving its ability to do what we were all sent here to do: serve the public. It is right that, after the immediate start on hereditary peers, the Government will take time to consider how best to implement further reforms, with the public and peers heavily involved in those discussions. Given the enthusiasm among Conservative Members for the changes that may be coming, I look forward to their leading the charge with us to reform the other place.
That said, there has been some confusion on the Conservative Benches about the Opposition’s position on the Bill. On Second Reading, I enjoyed the suggestions that we were going too far, as well as the suggestions that we were not going far enough. Conservative Members appear to want more debate on the broader changes that we suggest for the other place, but they spent their time in government blocking such changes for more than a decade. Zero progress was made.
I gently suggest that many of the problems in our country today have been made significantly worse because the Conservative party has often prioritised keeping its factions happy ahead of any coherent policy making for our country. We have seen a microcosm of that today, and we saw it on Second Reading. It appears from most of the amendments submitted in Committee that the Conservatives do not have a problem with the substance of the change that we are offering, so I look forward to seeing many of them march through the Aye Lobby with us.
The other place plays an incredibly important role in our democracy. Its Members both scrutinise and improve legislation passed in this place, which has been very welcome—depending on who we ask—over many years. But the change we are considering today is very simple and is necessary to fulfil the promise we made at the general election: that we would end the outdated practice of hereditary peers.
I may not look it, but I am old enough to remember the last Labour Government. They started the process of reforming the other place, and it was clear then, as it is now, that it was a transitional compromise. It may have taken a while, but it falls on this Government to see through the work they started. This is an incredibly simple and effective change to the other place and I urge all Members of this House to support it.
I appreciate that in politics there is a certain amount of robustness, a certain amount of argument, a certain amount of the “Punch and Judy politics” at which we all despair. We should be looking to do more and to do better. There are a number of things that the Labour party set out in its manifesto that I think command broad public support, and there are a number of things that it did not spell out in its manifesto that it is implementing and that most certainly do not command support. What does command broad public support is some of the changes Labour set out for the House of Lords. That is why I have tabled new clauses 3 and 4. I firmly believe that there is strong support for the introduction of a minimum contribution requirement in the House of Lords.
Some of the attendance records in the upper House leave me a little shocked. In the 2019-24 Parliament, of the 966 Members eligible to attend at least some of the last Parliament, 28 did not attend at all—did not even bother to turn up—and 116 attended on less than 10% of the sitting days, which is not particularly active. I quite understand why Labour Front Benchers, when in opposition, alighted on that and felt that it needed to be included in their manifesto. That is why I tabled new clause 4. I firmly believe that there is support for it not only on the Labour Benches—Labour Members stood on their manifesto, so presumably they support that proposal—but on the Opposition Benches. During that same period, 158 Members of the upper House voted in less than 10% of the Divisions they were eligible to vote in.
On minimum contributions, a number of peers in the upper House have continuously failed to make a significant contribution. There are routes for them to be able to exit out of the upper House, but they have chosen not to do so. That causes real problems and real challenges for the upper House, and new clause 4 would offer a way to tackle them.
The introduction of a mandatory retirement age is another thoughtful and, dare I say it, far-reaching policy that was in Labour’s manifesto. I pay tribute to the Paymaster General. We all know he is one of the finest authors in this House, and his publications are still available on Amazon, although they are not quite as sought after as those of the former right hon. Member for Uxbridge and South Ruislip. I am sure that the volume on the Prime Minister that will no doubt be coming forward will be a real hot seller, but the Paymaster General is a great author and he came up with the mandatory retirement age, I imagine, and it is a good policy. It is certainly worth including in this legislation that he is bringing forward.
It is not onerous in adding too much to the Bill, and it would have a significant impact in reducing the size of the House of Lords. We know that the House of Lords is the largest legislative chamber outside of the People’s Republic of China. The simple act of introducing a mandatory retirement age, which was a key part of the Labour party’s manifesto, would considerably reduce the number of life peers. It would also have a significant impact on reducing the cost of the House of Lords.
New clause 3 would enable the Government to deliver on their manifesto commitment, and that is important, because there has sometimes been talk about the breakdown in trust in politics. There has sometimes been talk that we need to build confidence in politics. The best way of building confidence in politics is to set out our manifestos, and one party wins, one party loses and then the winner delivers on that manifesto. This is a great opportunity to do that.
I appreciate that both the Paymaster General and his hon. Friend the Member for Lewisham West and East Dulwich (Ellie Reeves) have set out to Members that future legislation is coming. I personally think that is a slightly optimistic view, and I have sat on parliamentary business and legislation Committees in the past, so I understand the pressures on the legislative timetable. If the Paymaster General is under the illusion that he will be getting waves of new Bills going forward, he will end up at the end of his ministerial career slightly disappointed, because that eventuality simply will not happen.
Finally, I will turn to new clauses 1 and 2, which I accept were not in the Labour’s manifesto.
I turn to the Labour party manifesto. Perhaps the hon. Member for Bolton West (Phil Brickell) has had a glance at this, but possibly not. It says on page 108 that Labour would introduce
“legislation to remove the right of hereditary peers to sit and vote in the House of Lords. Labour will also introduce a mandatory retirement age. At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords.”
The subsequent paragraph says:
“Labour will ensure all peers meet the high standards the public expect of them, and…will introduce a new participation requirement as well as strengthening the circumstances in which disgraced members can be removed.”
Those are perfectly sound points of policy, which the party stood on at the last general election, but now it chooses to ignore them.
I turn to new clauses 1 and 2, which are the most important of the ones that I have tabled. It is fundamentally unfair that we still have a situation where a bloc of clerics have a right and a say over our legislation—over how my constituents live. I cannot see how in today’s world that can be justified. We have not seen arguments come forward as to why these 26 bishops should be defended.
As an Anglican, I cannot see why I have a right to greater representation than my children, who are Catholics. I am often told, “The bishops have been there since the Reformation.” Well, lots of things were happening around the Reformation that I am not that keen to see happening today. I appreciate that the Paymaster General may have a different view on that and may want to revive some of those age-old traditions, but I do not. This is an opportunity not to jeopardise the Bill but to improve it. I recognise that the proposal was not in the Labour party manifesto, but I ask Members across the House to consider whether, in all conscience, they should vote for this anomaly to continue to exist. From my perspective, this is an issue of conscience, and of what we think and feel is right.
Those 26 bishops do not come from every component part of the United Kingdom—they do not come from Wales, Northern Ireland and Scotland, but only from England. The composition of those bishops is probably not reflective of today’s world. I feel it is fundamentally wrong that, because of the statute of 1847, the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop of Durham and the Bishop of Winchester have a right to legislate on my constituents. I believe that they have an absolute right to influence the course of public debate, but from the pulpit, not in Parliament.
I can go through all the arguments on the presence of Bishops in Parliament. Only one other sovereign country has clerics in its parliamentary body, which is Iran. I do not think that is necessarily the best model for us to base ourselves on. This piece of legislation gives us the opportunity to have a more reflective parliamentary body. Across Europe, many countries have a strong faith, where religion plays an incredibly important part in national debate and national discourse. But none of those countries, whether France, Germany, Italy, Spain or Portugal, feel the need to have that assured clerical block of Bishops in their legislature.
Less than 2% of the British population attend Anglican services on a Sunday. By taking this action to remove the bishops, we recognise that Britain is a changed country. Britain is very different today from how it was in 1999. If we look forward to when Lords reform legislation next comes forward, probably in another 20 years, Britain will be changed again. Let us use this opportunity to ensure the upper House is more reflective of our nation.
The reality is that the Lords Spiritual do not take part in many Divisions—14%. If the Labour party introduces participation requirements, it would probably mean the exclusion of a number of bishops. Data has shown that the support for having bishops in the House of Lords is incredibly low. Indeed, even in the Anglican Church support for having bishops in the House of Lords is incredibly low. Some 60% of priests back reform to the bishop’s Bench. Going back to the 2012 legislation, there were proposals to shrink the bishop’s Bench from its current 26 to 12. Yet the Labour party has shied away from all attempts to do even the most modest reform.
There are no credible examples of where it is reasonable to have bishops legislating on our constituents. The only argument from the Labour party seems to be that this is a simple Bill. Well, this is a simple amendment. It is not right that so many of our constituents who do not have an Anglican faith are legislated on by Anglican bishops. We have to make these changes and we have to seize the opportunity, because this will be the last and only opportunity to make them while this Government are in power.
I would like to speak in support of the Bill, which I believe is long overdue. I thank the Minister for her contribution and welcome in particular her warm words on the importance of the Bill as a clear manifesto commitment to reform how the other place functions as “an immediate modernisation”. Since the groundbreaking House of Lords Act 1999 was passed by a Labour Government, there has been no substantive reform to the hereditaries in the other place despite an obvious public appetite to do so. Indeed, a study conducted by University College London’s constitution unit found that only 6% of respondents supported the current system.
Before having the enormous privilege of representing the people of Bolton West, I spent over a decade tackling bribery and corruption. Time and again, I have seen how trust is developed only when those responsible for decision making are truly held accountable. I will focus on the word accountability, which is gravely lacking with the remaining hereditaries. Over the course of my working career, it has become clear that the UK has an important role to play on the global stage as a world leader on political integrity, but this country’s reputation as a well-governed and, frankly, clean jurisdiction has been degraded over recent years. Countries that previously welcomed our counsel with open arms now look on it with scorn. That is why this long-overdue reform matters to me and why I passionately support the Government on the Bill.
I am sure there are some hereditary peers who undertake hard work and I have no doubt that many have a genuine commitment to public service, but the concept of hereditary peerages, hereditary privilege and being able to legislate for life merely by dint of birth belongs in the same breath as second jobs, lobbying scandals and the revolving door. It is an anachronism that needs to go. Contrary to the protestations from Conservative Members, the Bill is not about spite. Rather, it is about improving trust and accountability in our politics. The public expect high standards from our legislature, but the simple fact is that too many hereditary peers do not play a proper role in our democracy. We made that point in the Labour manifesto earlier this year, which Opposition Members will no doubt note resulted in a resounding mandate across the country to deliver change.
This is an important change that was in our manifesto. As you will recognise, Madam Chair, it is important because we need equality of representation, which is vital if we are to retain confidence in the way in which both this House and the other place operate. It is 66 years since women were allowed to sit in the other place, but there are currently no women among the hereditary peers there, and I for one am embarrassed by that. It is a disgrace. As a member from the north-west, I should add that it has not escaped my attention, or that of my constituents, that individuals from my part of this great nation are under-represented in the other place—especially, again, among the hereditary peers.
According to the Electoral Reform Society, 35% of hereditary peers live in London and the south-east. I do not accept that a hereditary peer who is the son of a duke, an earl, a viscount or a marquess is any better prepared to scrutinise legislation than the daughter of a plumber or the son of a nurse.
The consequences of not acting are no less than existential when it comes to trust in our politics, in this place and in the other House. Trust in politics is at an all-time low, which is a legacy of 14 years of cronyism and corruption from the party opposite. Indeed, polling conducted by the UK Anti-Corruption Coalition earlier this year—[Interruption.] I think that if the hon. Member for West Suffolk (Nick Timothy) listens to what I have to say, he will reflect on it. Two thirds of respondents—two thirds—felt the UK was getting more corrupt, and in 2023 only 12% of respondents told the Office for National Statistics that they trusted political parties. It all adds up. Turnout in July was 60%, the second lowest in a UK election since 1885. At a time when autocratic hostile states seek to undermine us at every turn, democratic engagement has rarely been so important.
I believe that that this Bill is a small but important step towards restoring that trust, as my right hon. Friend the Prime Minister promised we would do during the election campaign. The Committee will also note what I very much hope are the impending appointments of an ethics and integrity commissioner, an anti-corruption champion and a covid corruption commissioner. Those are all vital measures, alongside the Bill, to improve standards and increase accountability. I urge the Government to confirm those appointments as soon as possible. They are further steps towards showing the country that it is vital to regain trust in politics as a means of improving lives for all.
I want to talk about the various amendments tabled by the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson). As colleagues have said, it is a great shame that he did not discover that he had such a penchant for reform and modernisation during his 14 years as a Member of the governing party.
The hon. Member for Brentwood and Ongar (Alex Burghart) and the right hon. Member for Stone, Great Wyrley and Penkridge have correctly noted that our manifesto included many of the amendments that the Conservative party is attempting to push through today. I look forward to working with our Front Benchers on further modernising commitments that were enshrined in our manifesto, which I can assure Conservative Members I have read. Those commitments include changes to the appointments process to improve the national and regional balance of the second Chamber, a mandatory retirement age, a
“long-term commitment to replace the House of Lords with an alternative second Chamber that is more representative of the regions and nations”,
and a participation requirement. However, I am sure that Conservative Members agree that anything as knotty, unwieldy and fundamental as constitutional reform will inevitably have to be incremental. Doing too much too soon may cause damage.
I note that the Conservative party took that logic to its extreme over the last 14 years by bringing forward no substantive reform whatsoever. There was no mention of Lords modernisation in the Conservative party manifesto, as my hon. Friend the Member for Rugby (John Slinger) mentioned. The meagre changes made under previous Conservative Administrations comprised nothing more than tinkering around the edges at a time when the other place needed to be urgently dragged into the 21st century.
I will not support the amendments. If Members present are genuinely committed to modernising how our democracy works, I look forward to constructive engagement with the Government and the Opposition throughout the course of this Parliament. I commend the actions taken so far by the Government and will support further measures over time to modernise how the other place works. A mature democracy such as ours—centred around the mother of Parliaments, no less—simply cannot continue with an unelected, hereditary upper House.
We heard earlier from the hon. Member for Brentwood and Ongar, who talked about, in his words, gerrymandering. Let us talk about gerrymandering. Let me recall one statistic that is worth reminding the House about: for every one and a half days that former Conservative Prime Minister Liz Truss was in power, she created a life peer—a total of 32 during the course of her 49-day premiership. Much like the hereditary peers, those new legislators will have a seat in the House of Lords for life. How can that be right? Indeed, it is clear to me that the House of Lords Appointments Commission does not present a particularly high bar for appointments. Once the immediate first step is completed, a number of ambitious steps must be taken to deliver genuine, lasting reform of the way we do politics in this country.
In summary, this Bill will help to wrench our political system kicking and screaming into the 21st century. The Conservatives, including the right hon. Member for Stone, Great Wyrley and Penkridge, sat on their hands for the last 14 years. We have been in government for four months, and we are already delivering. I look forward to voting for the Bill tonight.
I am quite a simple soul. I am just someone who intrinsically believes that if you represent the people, you should be voted for by the people. I believe that if you are to legislate, it requires consent through some sort of electoral mandate from a group of people who vote for you to go into a legislature to represent them and who allow you to make the laws of the land. That is a simple belief and I think it is generally supported by the majority of the British people. Certainly the latest opinion polls on the House of Lords show that only about one in seven people in the UK think that the House of Lords in its current condition is worth supporting. A vast majority want a fully elected House of Lords, and that is what Labour promised. That is what they said they would deliver. That is what they commissioned Gordon Brown to do, and he came back with a report that said he would do it. And, of course, it has not happened.
I am touched by Labour Members’ naive faith that there will be more than this Bill. It is quite touching that they actually believe that a succession of pieces of legislation is going to come through that will incrementally deal with all the issues of the House of Lords. I am sorry to break to it to them, but that is not going to happen.
The commitment that I am waiting for from Labour is the commitment that it gave over a century ago. Do Labour Members know what that was? They do not know what it was, so I will tell them. A Labour party commitment from over 100 years ago—I cannot remember the exact year—said that it would abolish the House of Lords. That is a historic commitment by the Labour party that it has not even come close to realising, but it is now—thank you, Labour party!—getting rid of the earls, the dukes, the barons and the graces, so I suppose we have to be thankful for that.
“second chamber that is more representative of the regions and nations.”
I wonder whether he could share his thoughts on how that is going, and whether he thinks that Mrs Gray will be able to contribute to that in a significant manner.
I had hoped to table an amendment to try to realise Labour’s historical ambition to abolish the House of Lords. Thanks to the good work of the Clerks, I knew that I was highly unlikely to secure such an amendment, and that is probably right, so I thought I would be creative and try to abolish its membership. I therefore drafted a series of amendments to try to get rid of all the distinct groups and classes of Members of the House of Lords. Again, I thought I would be singularly unsuccessful in that mission and endeavour, but I have three amendments on the amendment paper.
Those amendments are crackers, believe me, but I look forward to speaking about them. They would abolish the prime ministerial donors, appointees and cronies who fill the other place, and they would abolish the idea that former Members of Parliament can assume they will get a place in the House of Lords. I am really pleased with myself.
What is the hon. Gentleman’s stance on the multiple occasions in recent years when senior figures in his party have approached friendly peers to table amendments to legislation on their behalf? It seems that those senior figures are quite happy to use the other place when it suits them.
My party is hopeful that the House of Lords might sometimes challenge Governments, and perhaps make them think again, but it always backs down. Any attempt to get the House of Lords to agree to any sort of principle is a waste of time.
I cannot believe the surprise and astonishment among my constituents, and probably among a number of constituents across the United Kingdom, when that was made apparent. How on earth can it possibly be the case that Members of the House of Lords do not pay any tax on the allowance that they get just for turning up? That is something we have to address. Of things on the great long list that will never be realised in the course of this Parliament, how about looking at that, dear Labour Government?
The amendment that I am most pleased to have got on to the amendment paper is the one about donors. The donors are people who have a place in our legislature—people who can design, comment and reflect on the laws of this country—whose only seeming and apparent ability is to give large sums of money to one of the three main UK establishment parties. We have heard a lot about trust from Members of those parties and about what the public feel about politicians in the political institutions, but how about solving this one? How about taking money out of the legislature? How about saying that if people give money to one of the three big political parties, they are therefore naturally debarred from taking a place in the legislature?
My sensible amendment would deal with that at a stroke: no more cash for honours and no more lists of Tory treasurers being naturally given a place in the House of Lords. My amendment says that if someone has given more than £11,800 to one of the three establishment parties, they are not entitled to a place in the House of Lords. If they have given more than £11,800 in the past to one of the three main UK establishment parties, they naturally give up their place.
Let me point to the scale of the difficulty of the problem when it comes to the donors. Some 68 out of 284 nominations from political parties between 2013 and 2023 were for political donors who had handed over £58 million to one of the three main parties. Over the course of that decade, some 12 of them gave £1 million. Now that might sound familiar to some Labour Members—£1 million is what people used to give to the Labour party under Tony Blair in the early 2000s to get a place in the House of Lords. Come on! Where is inflation when it comes to this? We would expect it to cost £1.5 million to get a place in the House of Lords now, but the going rate is seemingly still about £1 million.
Cash for honours was a disaster for Labour. It was absolutely awful. We saw the spectacle of a sitting Prime Minister being interviewed by the police about the donations that were being given to the Labour party. Those donations were interpreted as inducements to secure a place in the House of Lords. The Prime Minister was interviewed under caution and two of his personal staff were arrested. After that experience, we would be right to expect some sort of clarity in their thinking to take place. They could have decided never to get into that type of territory again—that they would do everything possible to ensure that money was taken out of politics, so that there would never be a whiff of suspicion that such a thing would happen again. But not a bit of it. Donors still go into the House of Lords, money still goes into the political party, and the public want it stopped.
That covers the donors. The other amendment that I managed to get included—again, this was a surprise to me—is one related to cronies. It would deny the Prime Minister the power to appoint people to the House of Lords. The Prime Minister has a prerogative that is almost unknown to any other western industrial leader—that he is exclusively responsible for appointing so many people to one part of our legislature. I think that something like 30% to 40% of the total membership of the House of Lords has now been appointed by a Prime Minister—by one man. That would make a tinpot dictator in a banana republic blush. He would want those powers in his hands immediately, but we have them in the United Kingdom. We allow a Prime Minister to determine—on his own—so many people in our legislature. That must come to an end. Of course, the temptation for the Prime Minister is to appoint his friends, to reward those who have been denied a place, to compensate people for losing their positions, to encourage people to take a role, but mainly it is to make sure that the donors are rewarded.
We have an opportunity this evening to improve, deal with and get some sort of solution to what this country does on a democratic basis, but the Government are not grabbing it—they are not even prepared to kick out the bloody bishops, for goodness’ sake. How on earth, in 2024, can we be in situation where we have bishops legislating in a modern, advanced, industrial democracy? It is beyond a joke.
We are removing the hereditaries, and those on the Government Front Bench are right: there is no great objection to the hereditaries being removed. I do not even sense much of a defence from some of our crustiest, oldest colleagues, who are sitting next to me; they half-heartedly feel that they have to do it for their pals, but they are not sincere and they do not really mean it. They know that time is up for the hereditaries, and quite rightly so—it is absurd that they are still a feature of our democracy in 2024.
After this, the bishops are going to stand out like a sore thumb in a cassock. They will be the ones on the frontline when it comes to the ridicule. I have a little suggestion for my friends, the clerics down the corridor: how about sticking to their ministries? It is not as if they are without a whole range of issues just now. Would they not be better deployed dealing with some of the things that we have seen in the news over the course of the past few days, instead of concerning themselves with attempts to run our country? We live in a multi-faith and no-faith complex democracy, where so few people actually attend their Church.
This historic remnant from medieval times—that we have to have bishops in the House of Lords—is totally absurd. I will be supporting the new clauses on this subject in the name of the right hon. Member for Stone, Great Wyrley and Penkridge. In fact, they are only in his name because he beat me to the Table Office when I was trying to remove the class of bishops through the many amendments that I tabled.
The last amendments that I managed to table are a bit more trivial, but they address something that I think we still have to consider: the idea that former Members of Parliament should automatically expect a place in the House of Lords. We all know what it is like, don’t we? Towards the end of a Parliament, we all ask each other—well, no one asks me—“Are you going to get a place in the House of Lords, then, for standing down?”, and some say, “Ooh, I think so, I think so.”
There is always that tap on the shoulder for the parliamentarian who may be in the autumn of his or her career: “We’d like you to do the right thing, colleague. Would you mind thinking about standing down? We’ve got a new youthful, more energetic colleague, who would be a bit more helpful to the Prime Minister. We’ll make sure you’re all right; there’s a place in the House of Lords waiting for you.” How about ending that? It is a feature that the public particularly loathe and despair of, and it is just not right.
If colleagues want to continue to have a place in our legislature, they should stand for election. That is what most parliamentarians across the world do. Do not expect a place in the House of Lords. I have tabled new clause 13, which would deal with the issue. It states quite clearly that no one should be given a place in the House of Lords if they have served as a Member of Parliament in the current or last Parliament. I think that is fair and I encourage the Government to think about it as the Bill goes forward.
I will not be supporting the amendments tabled by those on the Conservative Front Bench. I do not suppose that they would expect me to do so. I do not even understand them, and I do not think that they really understand them either. The Opposition seem to be encouraging the Government to move quicker when it comes to House of Lords reform, and at the same time they are telling the Government that they are going too far. I will let the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), who is on the Front Bench, explain exactly what they are trying to achieve, because I am having real difficulty following.
I will support the Liberals Democrats’ amendments, as I think they make a reasonable stab, but I say ever so gently to my Liberal colleagues that they have more places in the House of Lords per capita than any other political party in this place, so if they are serious about developing the House of Lords, why do they not just stop appointing people? That might have an impact—because all this mealy-mouthed, silly reform is not doing anything.
I will finish on this point: this is our only chance. There will not be any more House of Lords reform, regardless of what the Government say, and I know that they have said something to their Back Benchers to encourage them to come along today and tell us that there is further reform to come. There will not be further reform. All of us have seen this before. There are colleagues on the Conservative Benches who have seen this, been there and got the T-shirt—and that T-shirt says, “No more Lords reform in this Parliament.” That is what happens.
I suspect that this will be our last opportunity to consider the matter in this Parliament, because it will get punted into the waiting long grass. The person I feel most sorry for is Gordon Brown. I think he actually felt that he was going to be listened to this time, and that Labour was sincere about taking forward his agenda. After the Scottish independence referendum, we were promised almost-federalism, but instead our Parliament is getting attacked day by day, Government by Government, Back Bencher by Back Bencher. Let us see if we can get back to that almost-federalism. Let us see if we can get a degree of ambition from this Government. It might be—I certainly hope so—that their Back Benchers will hold them to account, and in us they will have willing allies in achieving that.
This is an absolute mouse of a Bill, but it could be made better by voting for and passing my amendments. I encourage the House to do so.
May I say how much I enjoyed, as I always do, the witty and skilful speech of the hon. Member for Perth and Kinross-shire (Pete Wishart)? He has perhaps fired an early starting gun on his own campaign for election to an elected second Chamber, given that the tap on shoulder will not come for him—although his party will have to do somewhat better if he is to stand a good chance, given that he is here on his own. He spoke about donations for peerages. We can only wonder what the SNP would do with a £1 million donation, but perhaps Police Scotland know by now, given their investigations into such matters.
We have also spoken about the delivery of constitutional reform. The point that I made to the hon. Member for Perth and Kinross-shire was that Labour has been delivering on constitutional reform. I served in Holyrood for three terms: for all the talk of the Scottish National party about reform, that Chamber is in great need of constitutional reform, but nothing has happened at all on that, while in this place, we are bringing forward a significant and important piece of constitutional reform within our first five months in government.
I absolutely agree that we want a faster pace of constitutional reform in this Parliament, but let us be clear about the proposal before us. In 1997, we set out—as an initial self-contained reform that was not dependent on further reform—that the right of hereditary peers to sit and vote in the House of Lords would be ended by statute. That is what we are here to deliver this evening. Of course, it is long overdue, as the Minister said, and that is why we have introduced the legislation so early in this Government. It is also important that this reform is a stand-alone one, so we can progress it with the utmost urgency. My hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) is absolutely right that by taking this Bill forward as a stand-alone reform, we give it the best chance of progressing quickly, which is what we need it to do.
As other Members have said—I want to make this point very clearly—this reform is about principle, not about personalities. In my own career before taking up my seat in this House, I received the support and assistance of hereditary Members of the House of Lords in many campaigns on a whole range of matters of public policy, and I valued that support. Since my election, I have had the opportunity to speak with hereditary peers who have brought significant experience to the House of Lords, who have been diligent and committed, and who have greatly valued their role in the House. Nevertheless, it is clearly the case that in advance of further reforms, membership of the House of Lords should be based on experience and expertise, not birthright. The fact that there are still no female hereditary peers is another example of how that approach to membership of the House of Lords cannot align with what I believe should be the shared goal of making the House more inclusive and representative of wider society.
Earlier in the debate, we heard some contributions suggesting that passing this Bill would somehow jeopardise the work of the House of Lords or reduce its effectiveness. There will still be over 700 peers left, so I do not think we are in danger of a shortage of peers in this Parliament. I believe that this reform must be taken forward now, and having recently joined the Public Administration and Constitutional Affairs Committee, I look forward to further deliberation on reform of our second chamber.
Turning again to the speech made by the hon. Member for Perth and Kinross-shire, I was pleased to hear him laud Gordon Brown—that has not always been the case in speeches he has made. Gordon Brown’s leadership of the Commission on the UK’s Future, established by the Labour party in opposition, was a vital contribution to the debate on how we take forward the constitutional arrangements for government in our country. The commission’s report absolutely needs to be an active document in this Parliament, discussed in this Chamber and I hope by the Select Committee that I have just joined, when we look forward to the future of our constitutional arrangements. The report is right to set out the proposal for a council of nations and regions. It shows also the necessity for reform in regard to hereditary peers, and why those wider reforms of the House of Lords will be important in relation to public confidence in our institutions of government.
The report highlighted research showing that 71% of people in the UK back overhauling the House of Lords. That support cuts across all parties, nations and regions: nearly half the British public think that the Lords does not work well. Support for the current composition of the second Chamber was reported by the commission at just 12%. I believe my hon. Friend the Member for Bolton West (Phil Brickell) has recorded even lower levels in other research. It just shows why this reform is desperately required if we are to attain confidence in our second Chamber.
Analysis shows that a majority of Members of the House of Lords are based in London and the south-east. If we want to increase confidence in this Parliament, in Westminster, that issue must be addressed, along with further devolution to other parts of the United Kingdom and the nations of the United Kingdom. A second Chamber whose membership is far more reflective of all the nations and regions of the UK can only help generate greater confidence in our legislature in every part of the country.
Regrettably, we must also reflect on why confidence in the second Chamber is so low. Why have people lost faith in the second Chamber? I have to say that it is because of the actions of the previous Government, which so traduced and blighted the reputation of the second House that this reform—and others—is desperately needed. Public confidence is crucial. Too often, despite the best efforts of the Speaker, the Members of this House and of the other House, and the parliamentary authorities, our constituents feel detached and remote from their Parliament as a whole. I want my constituents in Glenrothes and Mid Fife, and all those we represent, to have confidence in this Parliament and our democratic structures as effective and connected to them and their communities. I am sure that we all share that ambition.
Of course there is much further to go, but I very much welcome the fact that we are finally addressing and concluding the issue of hereditary peers as Members of the House of Lords. It is an important step in the journey of much-needed reform of our second Chamber.
I object to the Bill because I have a genuine fear that there is no second stage. The hon. Member for Perth and Kinross-shire (Pete Wishart) is right: it will be this Bill and nothing else for the rest of the Parliament. Labour Members will wait in vain for the second stage. That is what happened when the Blair Government tried to reform the House of Lords. They ensured that the 92 hereditaries remained as a permanent reminder of the need for proper reform. Now the Government are removing the hereditaries, but not making clear any time scale or further proposals.
I therefore tabled amendment 24 and new clause 19. I want to pause commencement of the Bill unless and until the Government introduced legislative proposals for second-stage reform. Amendment 25, which my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) tabled, goes one better than amendment 24, so I am happy not to press my amendment and to vote instead for his. It provides a guarantee that proper reform will be introduced and an opportunity to reflect on the type of upper House we want.
I believe that we should have a smaller upper House, which should be wholly or largely appointed. It should not act as a rival to this place. Liberal Democrats who desire an elected second Chamber do not understand what they are letting themselves in for. Let us consider the United States, where the two chambers are sometimes commanded by different parties and very little can happen. A country with an executive presidential system can get away with that, but a parliamentary democracy could not function with a Government with a majority in this Chamber permanently blocked by an elected upper House.
My right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) has tabled several amendments that help enact the Labour party’s manifesto commitments: a retirement age, participation rates and other features that would improve the upper House.
I will vote for amendment 25, which I commend to the Cttee.
When the Liberal Democrat spokesman offered her views on the subject, I was minded to ask, “Where do you stand on the Head of State?” Our sovereign is chosen by birth, not election. A Head of State is critical—at the apex of our constitution. As I pointed out on Second Reading, the Minister for the Cabinet Office, for whom I have great regard, as he knows, was appointed by the monarch, as I was when I became a Minister.
I also spoke about continuity. The importance in our constitutional settlement of the continuation of the role of the House of Lords is that it provides a degree of continuity. Members have talked about what is time-honoured and cast that aside as though it does not matter. What is time-honoured counts because it has been honed by generations of people, not merely decided upon by one group of people at one point in time.
I heard another speech which criticised birthright. If I stood here and said it was the birthright of every Briton that habeas corpus prevails, or if I said it was the birthright of every subject of this kingdom that they can speak and think and act freely, everyone would feel that it was entirely right and proper for me to make those pronouncements, yet birthright has been criticised in this Chamber as if it was nothing.
And it is right that the House of Lords evolves too, so I am not against Lords reforms per se. There is a case, for example, for saying that attendance matters in the House of Lords. We do not have an amendment to this effect, but it would be perfectly reasonable to agree that those appointed to the House of Lords as life peers who never attend or attend very rarely give up their right to do so. That would seem to me to be a perfectly reasonable and measured reform of the House of Lords, and it would cut the numbers dramatically, because although we are frequently told the House of Lords has many hundreds of Members, those who regularly vote in Divisions tend to be drawn from the same group on both sides of that Chamber.
There are sensible reforms that could be made to the House of Lords, but this reform delivers neither in terms of legitimacy, for it makes the House of Lords no more democratic, nor in terms of efficacy, because it makes the House of Lords no more effective. One is tempted therefore to assume that it is prejudice dressed with spite that lies behind this proposal, and I find that hard to believe given the high opinion that I have of the two Ministers sitting on the Front Bench.
I will return to the subject in hand for a few moments before I give way to the hon. Member for Telford (Shaun Davies). Having made the case that the Bill does not afford greater legitimacy or efficacy, I want to speak about the authority of this place, the authority of the constitution, and the authority of Government. The authority of this place, as the hon. Member for Bolton West and others have argued, essentially derives from the fact that we are elected, but not just from that. It also derives in part from the balance in the relationship between this House and the other place.
Bicameral systems that pitch democratic chambers one against another are often less successful than the model that has evolved in this country. Although the upper House sometimes chastises this House—it certainly scrutinises us—and although it might clash occasionally with this House in its role as a reforming Chamber, in the end it defers to the elected House. A bicameral system borne of two Houses of Parliament, one of which is elected and one which is not, seems to me to be more desirable for that very reason: we do not have competing democratic legitimacies between the House of Commons and the House of Lords. That is why I disagree with the amendments in the name of some of my right hon. and hon. Friends and with the hon. Member for Perth and Kinross-shire (Pete Wishart).
Let me return to my principal theme, which is that of authority. The authority of this House is partly born of its relationship with the other House. Were the other House to become elected, its authority would by definition grow and our authority by comparison diminish, so I am strongly opposed to an elected second Chamber. While I accept the principled argument of the hon. Member for Perth and Kinross-shire and others, it is not for me. There is also the matter of the authority of our constitution. Our constitutional settlement, which we have rehearsed briefly in the debate, is dependent on that relationship, but also—I think it is fair to say—on reforms of this kind being measured.
It might surprise Members to hear that last night, I was looking at a short book written by Hilaire Belloc and Chesterton. That book, which is available from the Library of the House, rehearsed the arguments that prevailed at the time of the debate on the Parliament Act—it was then the Parliament Bill—in the House of Commons. It might surprise right hon. and hon. Members to learn, as I learned last night, that when Asquith introduced those changes—when the House of Lords rejected Lloyd George’s Budget and it became necessary to curb the powers of that House—rather than rushing to legislate, he set up a conference between both sides of the House to determine a compromise. Belloc, as Members will remember, was elected as a Liberal MP. He parodied that process and said that what came out of it was no better than what went into it. None the less, it was an attempt, at least, to reach a settlement in a dignified way on how we might reform the second Chamber. [Interruption.] It did take two elections. It took the 1906 election, as the Paymaster General will know, when the Liberals triumphed. I wonder whether he wants to intervene on me to sharpen up the history.
Finally, I want to talk about the authority of Government. We have talked about mandates. It was long ago that the term “elective dictatorship” was first used. The nature of the relationship that I described earlier between Government and Opposition and between different sides of the Chamber is important to counter the risk of a Government with a very large majority ignoring counter-arguments and becoming—I hesitate to say corrupted—altered, changed or distorted by the scale of the majority. Frankly, in this Parliament, the Labour party will be able to legislate as it chooses at every turn. As experienced Members of the House know, including those on the Treasury Bench, Governments are better when they need to compromise, reach agreements and consider amendments.
When I was a Minister, many times in Bill Committees in particular, the shadow Minister would table an amendment. I would routinely and systematically have the argument and make sure that the amendment was voted down, but I would often go back to my civil servants and say, “I think that was rather a good argument. Why aren’t we doing it? I think he or she was right. We ought to alter the Bill.” I would engage with the shadow Minister privately and look at ways in which we could improve the legislation through that kind of scrutiny. Good Ministers and good shadow Ministers always worked in that way, as I did with the now Prime Minister when he shadowed me as Security Minister.
Governments need to understand that to alter their position through that kind of exchange and consideration improves the exercise of government and adds to, rather than subtracts from, the Government’s authority. Good Governments behave in a way that, rather than taking advantage of their power, mitigates it by the choices that they make.
I return to where I started in terms of efficacy. The last time we considered these matters, Members will remember that I quoted Proust. It was a bit too rich a diet for the hon. Member for Perth and Kinross-shire. He is not a Proustian. I think it stretched the canon of his reading matter beyond breaking point. Today, I am going to test him a little more and refer to G. K. Chesterton, who I think might be more within his scope. [Interruption.] From a sedentary position, he is acknowledging that. Chesterton said:
“To have a right to do a thing is not at all the same as to be right in doing it.”
It is certainly true that, based on their mandate, the Government have the right to bring this legislation, but I am not sure that they are right in doing it, measured against my tests of dignity, legitimacy, continuity and authority. For as Chesterton also said, before you take a fence down, you consider why it was put up in the first place. The balance that exists at the moment, both within the House of Lords, and between the House of Lords and this House, is precious. It works. It ain’t broke and we don’t need to fix it.
Before I finish, let me say this to my hon. Friend the Member for Brentwood and Ongar. We must vote against the Bill on Third Reading, because whether we are in favour of more reform—as some of my colleagues are—or no reform, the Bill does not meet the standards we would expect of good legislation. It is therefore vital that the official Opposition make their position crystal clear by opposing this undesirable and unnecessary legislation.
For many people, the other place in its current format embodies what Britain really should not be: it is undemocratic, it is unelected and—to touch on this only very lightly—it has had its fair share of controversial appointments. There is a suggestion of nepotism here and a dash of financial scandal there, not to mention a sprinkling of oligarchy. Therefore, it represents what a classist society of haves and have-nots can produce. As we know, some Members are there on a hereditary basis, and some are there on the whim and wishes of political leaders who, of course, have their own political motives for having them in position. It is also clear that the different regions that make up the United Kingdom do not have fair representation. The other place does not just have a geographical imbalance, but a gender one—none of which I care for.
I believe that there should be an upper Chamber. In Scotland, we have seen some ill-thought-out political policy that has been financially costly. An upper Chamber would likely have prevented that with the benefit of added scrutiny.
Like British society, the other place needs transformational change. What the Government propose is only a step in the right direction to what I, as a Labour party member, will continue to campaign for from within the party, which is ultimately to change the other place into an elected Chamber where class and privilege are not the entry requirements, but where talent and ability are what get you there.
I have sat through the whole debate and I did not intend to speak, but I just want to reply to a few comments. By its very nature, the debate has been confrontational—that is what we do in this place. We tend to concentrate on what divides us rather than on what unites us, and I want to say something about what might unite us.
First of all, on the ideas that divide us, we are debating whether to abolish the hereditaries. The Labour party says that it is in its manifesto and therefore it can do what it wants. We say that that is gerrymandering, that the bulk of these people are hardworking and that by nature they are Conservatives, so this is an excuse to get rid of a large number of Conservative peers. The Government will carry on and do it anyway. That is clearly very controversial.
The next proposal, it seems, is to abolish the bishops. I heard what was said by my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), but there are all sorts of objections to doing that, not least because this is an established Church. Do we really want to attack a faith community? It is part of our history. Are the bishops really doing much harm in the House of Lords? Incidentally, because of our canon law, the Catholic bishops do not want to be Members of the House of Lords anyway, although they are apparently quite willing to support distinguished laymen to help the Catholic cause there—but we all know that. I do not think that we will ever reach an agreement on abolishing the bishops in the House of Lords.
So there is no consensus on any of those issues. However —and this is the point that I really want to make—there is consensus on one issue, namely that the House of Lords is too large. It has, I believe, 805 Members, which makes it the second largest Chamber in the world, after the supreme parliament of the People’s Republic of China. In view of that consensus, we should perhaps reduce its size, and there is surely a simple way of doing that.
Given that, apparently, 150 members of the House of Lords are not particularly interested in turning up very often, or even at all in some instances, why do we not simply ask all the different groups—hereditaries, bishops and life peers—and all the different parties to reduce their membership by a similar percentage, so that there can be no accusation of gerrymandering, and reduce the size of the House of Lords to about 600 Members? That could be done very simply, given that so many people are quite happy to have a peerage but do not want to turn up. It could done by election, but those groups themselves could decide rather than the Government, and there would be no question of gerrymandering. They know who works hard, and they know who turns up. There would probably be no need for an election.
Through that simple device, we could reduce the size of the House of Lords to about 600. We could do it immediately, and we could ensure that all the people who should not be there, who were appointed for the wrong reasons, would leave the place. We could do that very simply and easily. We could do it by consensus, and we could also beef up the House of Lords Appointments Commission. At present it can reject someone on grounds of propriety, but it cannot do so on grounds of suitability. Beefing up its powers would ensure that only the very best people were appointed to the House of Lords, those with experience who could make a proper contribution. Let me add, just to please my friend the hon. Member for Perth and Kinross-shire (Pete Wishart), that there is no question of appointing donors and cronies to the other place.
Those two simple reforms could solve the problem. We have heard about constitutional conferences in the past. May I suggest to the Paymaster General, whom I respect greatly, that it might not be a bad idea for the political leaderships of all our parties to sit down together and organise such reform to reduce the size of the House of Lords to about 600? Do we want to appoint people for life? Why do we not just appoint them for 15 years, so that when they have done those 15 years they retire at the next general election? All those ideas are very moderate and sensible, and if we could secure consensus on them, we could reduce the size of the House of Lords, get rid of the bad apples, and achieve what we want to achieve.
Can the Father of the House cast his mind back to 1984, when he and I, having both fought the 1983 general election—he stood in Gainsborough and Horncastle, which is why he was in the House; and I stood in Swansea West, which is why I was not—co-operated on trying to have postal ballots for trade union elections? Does he remember that he introduced a Bill that got nowhere in this House, because of the strong whipping system of elected Members, but when we took it to the House of Lords we were able to persuade people on the arguments because of the light whipping? The amendment went through, and when the Bill came back to the Commons the then Government brought in their own measures to meet the point. Does he agree that, apart from creating gridlock, an elected second Chamber would not have the possibility of introducing fresh ideas that, once introduced, may be accepted by a Government in this place, but which would never get off the starting blocks if they were introduced in this place initially?
What is the point of having an elected second Chamber? The whole point of a second Chamber is that it should be independent-minded, and the Lords are independent-minded. They regularly defeat the Government, and they actually have better debates than we do. The House of Lords is full of people who have tremendous experience in the professions, business and charities. I just do not see the point of getting rid of them lock, stock and barrel, but there is a perfectly good consensual argument that the number should be reduced. There are some people in the Lords whom we should remove either because they have not been appointed in an entirely right way or because they do not turn up.
Will the Paymaster General please think about the idea that I have suggested? We could get some sort of compromise by which all parties in the House of Lords are reduced by the same amount. We could reduce the Lords to around 600 Members, give more power to the House of Lords Appointments Commission and, in future, keep the number at about 600.
This debate has been characterised by some levity, which is okay—it is positive. It probably reflects the fact that most of our constituents are not usually seized by constitutional matters, which is not to say that such matters are not important, because plainly they are. The attendance here today is not what one might expect for a matter of this importance. That probably reflects the fact that when we are all knocking on doors a few months ago, this kind of thing really was not No. 1 among people’s concerns, but it remains important nevertheless.
I confess that I have been on something of a journey since 2007, at which time I was persuaded that the upper House ought to be elected. I am not any more, because I have seen in the workings of this place how it is possible for this place ultimately to be challenged by a subordinate secondary Chamber that is itself elected. Try as I might, I cannot work out how it is possible to avoid that kind of situation. This is the primary part of our legislature, and that must remain the case. We must be unchallenged, but we need checks and balances, which is precisely what the upper House aims to provide.
Many have spoken today about who we might remove from the upper House. I have no objection in principle to the things that the Government are trying to do, but I am persuaded that matters of this sort should be part of a wider package, which is why I will be supporting the Opposition amendment today. However, my view is that we have probably got this round the wrong way, which is why I very much support the amendments being brought forward by my right hon. Friend the Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson) in relation to the bishops.
I remember when I was pontificating in another country—a majority Muslim country that was a nascent democracy—on democracy. At the end of my spiel, a lady put up her hand and, to her great credit, said, “I have listened very carefully to what you have said, but with the greatest of respect, who are you to come here and lecture us, given that you have within your legislature people who are there by dint of hereditary right and people who are there because they are part of a particular religious persuasion?”
We have heard some quotes today, including from G. K. Chesterton. I am not sure whether I can match that, but I think I probably can. Robert Burns said:
“O wad some Pow’r the giftie gie us
To see oursels as ithers see us!”
I like that. He is saying that it is important to note how we appear to other people, other countries and other legislatures, and it seems to me that that lady, all those years ago, had the measure of it. We may not think we are a theocracy in the same way as Iran is, or that we retain the hereditary principle in the same way as Lesotho or Swaziland do, but we are and we do. We need to remedy that, because appearances matter and that lady was absolutely right. That is why I support my right hon. Friend’s amendment, and I hope that the Government will reflect on that.
I also agree with the assertion of the hon. Member for Perth and Kinross-shire (Pete Wishart) that this is it, and that it is no good hoping for another Bill. That Bill is not going to come. If it does, there is no guarantee that it will not end up in the same place as poor Jack Straw’s measures ended up in 2007. Given the difficulty with consensus, I suspect that that is exactly where such a measure would land. So this is it.
I do not particularly want to see our legislature populated by people who are there because they are representative of one particular faith community in this country. I am an Anglican, just like my right hon. Friend the Member for Stone, Great Wyrley and Penkridge. I am a practising Anglican and I value the views of bishops —of course I do—but it is simply not right to have them being politicians in dog collars generally propagating a left liberal world view. I would much rather that they were in their dioceses engaged in the cure of souls. That is where I, as an Anglican, want to see them.
I will certainly support my Front Bench’s measured amendments this evening. I very much hope that the Government have been listening carefully to what has been said. These grave, serious matters need to be debated in a careful and measured way. I see virtue not in ploughing ahead with the Bill as an emergency but in incorporating it into a wider set of proposals at a later stage, although hopefully not too late, so that we can consider these things in the round. I hope we will be able to see those proposals before too long. I live in hope.
The Labour party has had 14 years to consider all of this. My view is that this Bill will be it. That is disappointing and a missed opportunity.
A lot has been said about how the public are deemed to regard the status of the upper House. I am not sure on what basis such sweeping statements have been made, although I can understand that when, from time to time, someone manifestly unfit or inappropriate to be ennobled is ennobled, it may cause a degree of public concern and disillusionment.
New Members on both sides of the Committee, but particularly on the Government side, should avail themselves of the opportunities to understand more closely what the House of Lords can do that the House of Commons cannot. In the first instance, peers can bring their expertise to bear. That is not to say that all peers are experts—they are not—but a lot of them are, because they have reached the top of their profession. They are not necessarily any brighter, more intelligent or more cultured than Members of this House, but as we chose to divert ourselves from whatever escalator we could have been on, in order to become full-time politicians, we do not reach the giddy heights of those in other professions, who are then able to bring their expertise to bear on the legislative process by being taken into the upper House.
The suggestion that the upper House stands in low repute is ill-conceived, and I urge the hon. Gentleman and other new Members to take advantage of the seminars that Labour and Liberal Democrat Members and I try to organise to enable new Members from all parties to be brought into contact with leading Members of the upper House, to see what they do. That would be a good use of his and other Members’ time.
I wish to place on record that the reason why I became an ardent advocate of an unelected second Chamber—and why I would rather have no second Chamber at all than two elected Chambers—is precisely that it is impossible to whip such a Chamber to prevent people with good ideas from persuading peers of the virtue of those ideas. Members of an unelected second Chamber are able to have at least a sporting chance of amending legislation in good ways that would not get beyond first base in this House, because the elected Members, for the most part, almost all the time, obey the whipping.
Before I was an MP, when I was a political activist, I and my colleagues managed to get four pieces of legislation into law. Since I have been an MP, I have got only one, on the privacy of Members’ home addresses, on to the statute book, because, exceptionally, that was a free vote. How many free votes happen in this House? Hardly any. The equivalent of free votes in the upper House happen all the time.
We required postal ballots for trade union elections, which was incorporated into the Trade Union Act 1984 and the Employment Act 1988. We outlawed political indoctrination in schools, which was incorporated into the Education Act 1986 and carried forward in the Education Act 1996. We prohibited local councils from publishing material that
“promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another”,
which was incorporated into section 27 of the Local Government Act 1988. Finally, we more strictly defined the concept of “due impartiality” in the coverage of politically contentious issues on television and radio, which was incorporated into the Broadcasting Act 1990.
Every one of those measures was got through the House of Lords first, and then either adopted in the House of Commons directly or brought forward by the Government in their alternative proposals. We do away with the expertise of the House of Lords at our peril. All we will be left with are machine politicians, whether they are in one elected House or two elected Houses, and that is to the detriment of our democracy, not to its enhancement.
Before I begin my prepared remarks, I wish to commend and pay tribute to right hon. and hon. Members across the House for their skills of oratory and persuasion and their education and ability to entertain. It has been an absolute privilege to hear Members with such experience speak, so well-informed are they on such topics.
I also wish to speak to new Labour Members who, like me, are finding their feet and learning the ways of the world in this place. I am pleased to hear that they are passionate about pushing and challenging their party to implement the laws and changes that the constituents and the country demand. but I remind them of the consequences of that. Rebellion, as I have seen in this short time, is rewarded with sanction or suspension, so it is better to get as much as possible into this Bill now than to hope that they may ever get a chance to do so again.
The House has been made aware that faith in political parties and institutions is at a low ebb—perhaps the lowest in my lifetime. We have been told that only 12% of the British public say that they trust politicians; political parties are the least trusted of any UK public institution, and trust in Parliament is on the decline. Any measure that helps to rebuild that trust is to be supported, which is why I support this Government Bill to remove hereditary peers. The anachronistic nature of hereditary peerage contributes to the sense not only that the House of Lords is out of touch, but that all our political institutions are out of touch. It feeds a disconnect between the people and their systems of governance and reinforces a belief that politics is the preserve of another elite, the political elite, that lives in its own bubble in Westminster.
Given this urgency to rebuild faith in politics and the need for radical change to that end, it is disappointing that the Government have chosen to be so timid in their ambition. I understand that further changes could be introduced further down the road. Indeed, hon. Members have said that they will try to push for more changes. For instance, perhaps they could remove the over-80s from the Lords, or retire the 26 bishops who are automatically given a seat.
The Lords themselves have raised the idea of removing those Members who rarely, if ever, attend. But even these tame reforms appear to be too much for this Government at this stage. We need much bolder action.
The fact that our second Chamber has been allowed to balloon out of all proportion looks more sinister when we consider that last year Lords appointees donated over £50 million to political parties. When it looks like our political institutions are up for grabs to the highest bidder, with jobs for life, is it any wonder that people see it as another private members’ club?
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.
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.
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.
Of course, the Government have committed to wider reforms to the other place, including establishing an alternative second Chamber that is more representative of the regions and nations of the UK. The Government will consult on proposals to seek the input of the British public on how politics can best serve them. However, as I have set out, this Bill is not the vehicle for considering wider changes. I therefore respectfully request that the right hon. Member does not press the amendments.
Amendments 3 and 7 and new clause 3, which were also tabled by the right hon. Member for Stone, Great Wyrley and Penkridge, would introduce a retirement age of 80 for Members of the other place. Amendment 4 and new clause 4, which were also tabled by the right hon. Member, seek to impose a participation requirement on all Members of the House of Lords.
We have heard a range of views today on the Government’s other manifesto commitments, including exactly how a participation requirement might work. The debate has shown why it is exactly the right thing that the Government take time to consider how best to implement the other commitments, while starting with the immediate reform that the Bill will deliver.
In conclusion, the amendments tabled by Opposition Members are not appropriate for the Bill, which deals with one principal issue—the need to remove the outdated and indefensible right of hereditary peers to sit and vote in the House of Lords. That is our objective and we are focused on delivering it. The Government intend to deliver the other manifesto commitments to bring about a smaller and more active second Chamber. We are also committed to replacing the other place with an alternative second Chamber that is more representative of the regions and nations. As I said, we will consult on proposals and seek the input of the British public on how politics can best serve them.
Reform of the House of Lords is long overdue and essential. The Government are committed to delivering those reforms, and passing this vital legislation is the first step on that journey. In that spirit, I commend the Bill to the Committee.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Clause 4
Extent and commencement
Amendment proposed: 25, page 2, line 16, leave out from “force” to end of line 17 and insert
“only when the House of Commons has agreed a resolution which—
(a) endorses the conclusions of the report a joint committee appointed for the purpose specified in subsection (3A), and
(b) determines accordingly that this Act shall come into force at the end of the Session of Parliament in which this resolution is passed.
(3A) The purpose of the joint committee of the House of Commons and the House of Lords referred to in subsection (3) is to consider and report upon the Government’s stated plans for reform of the House of Lords, including—
(a) the removal of the right of excepted hereditary peers to sit and vote in the House of Lords,
(b) the introduction of a mandatory retirement age for members of the House of Lords,
(c) a new participation threshold to enable continuing membership of the House of Lords,
(d) changes to the circumstances in which disgraced members of the House of Lords can be removed, and
(e) changes to the process of appointment of members of the House of Lords.”—(Alex Burghart.)
This amendment provides that the Bill would only come into effect after the report of a joint committee on wider reforms of the composition of the House of Lords has been approved by a resolution of the House of Commons.
Question put, That the amendment be made.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The Deputy Speaker resumed the Chair.
Bill reported, without amendment.
Third Reading
King’s consent signified.
I thank right hon. and hon. Members from both sides of the House for their scrutiny of the Bill throughout its passage. I am grateful to all those who contributed in Committee, as well as those who contributed to the lively debate on Second Reading last month. I also thank you and your colleagues for their chairmanship, Madam Deputy Speaker.
I thank Members on both sides of the House for their contributions, including my hon. Friends the Members for Stoke-on-Trent Central (Gareth Snell) and for Leeds South West and Morley (Mr Sewards), the right hon. Member for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), my hon. Friend the Member for Bolton West (Phil Brickell), the hon. Member for Perth and Kinross-shire (Pete Wishart), my hon. Friends the Members for Glenrothes and Mid Fife (Richard Baker) and for Alloa and Grangemouth (Brian Leishman), the hon. Member for Bridgwater (Sir Ashley Fox), the right hon. Members for South Holland and The Deepings (Sir John Hayes), for Gainsborough (Sir Edward Leigh), for South West Wiltshire (Dr Murrison) and for New Forest East (Sir Julian Lewis), and the hon. Member for Dewsbury and Batley (Iqbal Mohamed).
This Bill is a matter of principle. It has been introduced to address an outdated and indefensible feature of our legislature, rather than as a criticism of any contribution made by individual Members. The Government have listened to the debates in this House with interest and I look forward to following the Bill’s passage in the other place, where I am sure there will be further thoughtful contributions. I thank my officials and the whole team who have worked on the Bill.
This House will send to the other place a Bill that fulfils a manifesto commitment, and our manifesto was very clear:
“The next Labour government will…bring about an immediate modernisation, by introducing legislation to remove the right of hereditary peers to sit and vote in the House of Lords.”
That is precisely what the Bill does. It has a clear and simple purpose, a single focus, and it completes a process that started a quarter of a century ago. It sends a powerful message to people growing up in my constituency —in Blaenavon, Pontypool and Cwmbran—and beyond, right across the country: “You do not need to be born into certain families to make our laws.”
On Third Reading of the Parliament Bill—that landmark reform of the House of Lords—on 15 May 1911, the then Prime Minister, Herbert Asquith, said:
“I repeat, as I began, that our first duty, in view of the electoral and Parliamentary history of this measure, is to place this Bill on the Statute Book. It is stamped, if ever a measure was stamped, with the authority and approval of the electorate of the United Kingdom.”—[Official Report, 15 May 1911; Vol. 25, c. 1699.]
In that spirit, I commend this Bill to the House.
I want to echo some words of my right hon. Friend the Member for New Forest East (Sir Julian Lewis) in praise of the House of Lords. When I first came to this place, I bumped into Lord Young of Cookham, who I had known a few years previously, and I said, “How are you getting on in the upper House as a Minister?” He said, “It’s rather harder there than it is down your end.” When I asked him what he meant, he said, “Well, you see, when I stood up as a Minister in the House of Commons, I normally felt that, with the support of my officials, I was probably the best informed person in the room. But when you get to the Lords, you face five former Secretaries of State, three former heads of the civil service and people with expertise from across the sector, and what you find there is real scrutiny.”
I love this place and I do not wish to take anything away from it, but I do not wish to see it replicated; one of us is enough. That is why, despite the fact that the Opposition disagree with many of the things that the Labour Government are doing, we have been pleased to see that they have edged away from their long-standing commitment to an elected upper House. An elected upper House would replicate this place unnecessarily. It would inevitably get in the way of the primacy of the Commons and make the passage of law harder. It was very significant that, on 5 March, Lord Mandelson made an intervention with the Lord Speaker—on his very popular podcast—and said that the proposals of the former Prime Minister, Gordon Brown, for constitutional reform had
“barely been put in the oven…let alone…baked.”
I am very pleased that the Labour Government have taken that on board.
That said, the Bill in its present form cannot have the support of the Opposition. The Labour party has reneged on the solemn promise it made in 1998 not to get rid of the remaining hereditary peers until it brought forward a comprehensive plan for a reformed upper House. Many Government Members have said that the hereditary peers sit in the House of Lords by duty of right; well, that is not entirely right. The reason the remaining hereditary peers are in the House of Lords is that the Labour Government put them there. That was the agreement that was reached in 1998.
The remaining hereditary peers—who already sit in the Lords and scrutinise, night after night, the legislation introduced by this House—should not be treated in this way. Had the Government respected their position and made provision for them in a reformed Chamber, it would be very hard—not impossible, but very hard—to oppose this legislation. However, as it is, the Government are seeking to remove established scrutineers in order to replace them with Labour appointees, and we cannot support that.
The Minister’s argument that the Conservatives can nominate replacements is obviously not entirely genuine. Although we can put people forward, we cannot guarantee that they will go into the upper House. The Government could make that commitment tonight, but they have not done so. They have said nothing about the 33 Cross-Bench hereditary peers who will be removed by the legislation. Labour has broken its promise from 1998, and it has broken its promise to bring forward all its reforms immediately. The Conservative party will not support it.
If you are very quiet and listen, Madam Deputy Speaker, you can hear the voices of Labour radicals of the past muttering to themselves, “Is that it? Is that what all the intervening years since 1997 and the 14 years of Labour navel-gazing in opposition, as it contemplated its radical programme for government, have produced—removing 92 people who would have been removed in any event had Blair not blinked? No democratisation at all of the House of Lords? What a wasted opportunity.” What a wasted period of opposition that was—something I hope and know that our Front Benchers will not replicate. This timid church mouse of a Bill says, “We will take away some people who we would have taken away more than a quarter of a century ago.”
The Paymaster General, who I always consider to be one of the stars of the Treasury Bench and who is a good friend, told us that the principal motivation behind the Bill is for young constituents of Torfaen to say, “Ah, a glass ceiling has been removed,” as if they have sat there thinking, “You know, I would love to get involved in public life, if it wasn’t for this roadblock to my advancement”—namely, the 92 hereditary peers. With the greatest of respect to those on Treasury Bench, I think that a greater percentage of the right hon. Gentleman’s constituents—and constituents of all Labour Members—are probably asking themselves when the Labour party will crash the glass ceiling of having either a person of colour or a woman lead it.
The Paymaster General quoted Herbert Asquith’s words about the House of Lords, but could he not have quoted Keir Hardie, who pledged over 100 years ago to abolish it? Could he not have quoted Gordon Brown, who said only a few months ago that Labour would bring forward a new democratically elected second Chamber to represent the nations and regions of the whole of the United Kingdom?
Instead, what we have is the low-hanging fruit of the hereditary peers. Is it not remarkable that it has taken until 2024 to remove the earls, the barons, the dukes—all the assorted aristocrats—and we are to give Labour great credit for doing so? This should have happened several centuries ago, not in 2024.
I hope that Labour Back Benchers are not going to be disappointed, because we have heard several contributions, on Second Reading and today in Committee, suggesting that further reform is going to be coming; that these are the first stages of a whole package of reforms that will come before this House. I have to say that we have heard it all before from successive Governments, particularly Labour ones. We were promised a succession of reforms to the House of Lords, only for nothing to be delivered, so what we need to hear from Government Front Benchers is when those further reforms are going to come. We need a clear road map for their ambitions when it comes to the House of Lords, and that has to start with ensuring that that circus down the corridor is properly reformed and that we get to a position where it will be a democratically elected House.
Well done to the Government on getting this Bill through. I really hope that Labour Back Benchers have not been sold a pup and that they will get the further reform that has been promised to them, but what we really need to hear from the Government now is about solid progress on proper reform of the House of Lords.
Question put, That the Bill be now read the Third time.
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