House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Debate between Lord Cormack and Lord Tyler

Friday 23rd March 2018 Lords Chamber

[Lord Tyler]

My Lords, I can quote Hansard in a different sense, but that is not the important point for today’s discussion. As my noble friend Lord Steel has pointed out, everybody in your Lordships’ House, including some of the most important participants in those debates, anticipated that this arrangement would last for a maximum of a couple of years—that is all.

[Lord Cormack (Con)]

Does the noble Lord not accept that we have had the Second Reading of this Bill already? He is making a Second Reading speech. The best way that the House could be assisted now would be for my noble friend Lord Trefgarne to desist his mischief, withdraw his amendment to the Motion and get on with the amendments to the Bill.

[Lord Tyler]

I was actually speaking to the amendment to the Motion but I was diverted by my friend down the other end. The amendment that the noble Lord, Lord Trefgarne, has promoted is upside down. The case for removing these absurdities is strengthened by the Burns committee report rather than the reverse. That is simply my point and I am grateful to the noble Lord, Lord Cormack, for bringing me back to it.

House of Lords: Lord Speaker’s Committee Report

Debate between Lord Cormack and Lord Tyler

Tuesday 19th December 2017 Lords Chamber

[Lord Tyler]

My Lords, the noble Lord, Lord Butler, speaks with huge authority, of course. I am only trying to point out that the team led by the noble Lord, Lord Burns, in refusing to take the opportunity to put forward any sort of legislative proposal, has made the case that much weaker—not so much with the present Prime Minister but with future Prime Ministers. The noble Lord may not agree with me but, Members of the House having reiterated this point all day, I think that we should take it very seriously.

Secondly, the absence of any legislation prevents the normal constitutional process taking place. This has been referred to by the noble Lord, Lord Burns, himself and by the noble Lord, Lord Elder, the noble and learned Lord, Lord Judge, and the noble Lords, Lord MacGregor, Lord Birt, Lord Jopling and Lord Judd. We were forewarned in the debate last year by the noble Lord, Lord Lisvane—and he should know—that,

“for some heavy duty things—perhaps a cap on appointments—legislation would be necessary”.—[Official Report, 5/12/16; col. 549.]

Not only will MPs have no formal say in a major constitutional change but their constituents will have no opportunity to lobby them to express their views. It is extraordinary that in a debate that has lasted for most of the day so few Members have referred to the views of the public. At one point, one noble Lord referred to “the people who send us here”. No people send us here, but the people have a considerable interest in the composition of the legislature. I think that only the noble Lords, Lord Forsyth and Lord Hunt, referred to this as an issue that we should address.

I find it ironic that those who have previously argued so vociferously for the primacy of the Commons should now acquiesce in a scheme which deliberately excludes its Members from any effective say in the composition of this House of Parliament. Here, I am with the noble Lords, Lord Sherbourne and Lord True. It is very interesting that we got to this stage of the debate before this point was raised from the Conservative Back Benches.

This would be an entirely internal—some would say incestuous—process, decided upon by the institution itself and implemented by it without all the usual checks and balances of the United Kingdom’s constitutional conventions. I do not agree with the noble Lord, Lord Kerr. I think that the noble Lords, Lord True and Lord Sherbourne, are right to draw attention to this. To our fellow citizens this will look like—

[Lord Cormack]

The question is: does the noble Lord agree with the noble Lord, Lord Newby?

[Lord Tyler]

Absolutely. He saw my speech when I drafted it and I saw his, and I am in absolute agreement. I will come to the point that I think the noble Lord wishes me to address in a moment.