King’s Speech Debate

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Department: Attorney General

King’s Speech

Lord Fowler Excerpts
Tuesday 23rd July 2024

(3 months, 2 weeks ago)

Lords Chamber
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Lord Fowler Portrait Lord Fowler (CB)
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My Lords, I will concentrate on two proposals in the Labour manifesto and the King’s Speech: the membership of the Lords and the proposed retirement on age grounds of Members.

Since the passing of the original 1999 Act, there has been no progress whatever in reducing the size of this House, and the result is that we now have a membership that will soon exceed 800. The original proposal of the Blair Government was to exclude all hereditary Peers, but that became subject to 92 hereditaries continuing, the result of a deal between the Government and the Conservative Leader of the Lords. It was a secret deal that just happened to exclude the actual leader of the Conservative Party, William Hague—now the noble Lord, Lord Hague. He showed his immediate view and enthusiasm for the proposal by sacking Lord Cranborne absolutely.

I do not dispute that there are excellent hereditary Peers in this House who give a great deal to public service and to this House—

Lord Fowler Portrait Lord Fowler (CB)
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Yes—we have known each other too long for me to be really rude to the noble Lord.

I hope that there may be an opportunity for those hereditary Peers who have given service to be appointed life Peers. It is not a question of personalities; it is a question of whether appointment of the House based on heredity is the right solution for the 21st century, and I do not believe that it is.

On Lords reform, the noble and learned Lord, Lord Keen, was critical on the basis that we were for ever hearing that Labour reforms were “just coming”. That may be right, but it is certainly better than Conservative reforms, which never come. I fear that has been the history over the past 30 years.

The second proposal is to fix a retirement age of 80. Personally, at the age of 86 going on 87, I imagine that I am in the direct firing line. I could say that my support was because this measure was a manifesto pledge of the Labour Party, but it goes deeper than that. The issue of there being too many Peers in this House is long standing, yet the last Government regretfully did absolutely nothing. People such as me warned them that, if they brought forward no measures of reform themselves, others would do so, and they have. In the light of that indecision, in 2016, as Lord Speaker, I set up an all-party committee under the excellent chairmanship of the noble Lord, Lord Burns, who is here today, to consider the size of the House. Had the then Government accepted those proposals, we would be down to membership in the Lords of something just above 600, rather than the 800 that we have now—and there would be no ban on hereditaries and no reduction on grounds of age. That is what we threw away.

When the proposals were debated in the Chamber, there was widespread agreement but no notice was taken. If, as the Burns committee said seven years ago, reform is a matter of urgency, the new Government are entitled to introduce measures which catch up with the intervening period.

The real question is whether what is proposed is enough. I do not advocate measures to create an elected House, if for no other reason than that it would effectively gum up the work of the House altogether. However, other measures can be taken that do not all require legislation. First, the Government must state their aim in reducing numbers. We set out 600; what is their aim? Secondly, we should not just concentrate on existing Members but stem the flow of new Members, which means a permanent cap on the size of the Lords, restricting the discretion of any Prime Minister and setting a limit on the number of new Peers who can be appointed each year, otherwise we just leave the tap on full. Lastly, we should take measures to exclude those Peers who by any measure play no part in the life of the Lords. We should also look at the proposals of the noble Lord, Lord Burns, that new appointments should be for a limit of 15 or perhaps 20 years.

In bringing forward the proposals, this Government have an almost unprecedented opportunity for reform. I hope they take it. Above all, we do not want another Bill on the House of Lords which leaves obvious gaps that will take another 30 years to put right.