House of Lords (Hereditary Peers) Bill

Debate between Lord Wolfson of Tredegar and Baroness Stowell of Beeston

Report stage
Wednesday 9th July 2025 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, I rise to support my noble friend’s amendment. I want to make a slightly different point in addition to the legal arguments that have already been made. It is a shame to be speaking before hearing the Leader of the House set out her case, but, as my noble friend said, she was very clear in Committee that she takes this matter very seriously, as I know she does. As we discussed in Committee, all of us who have led our groups or been Chief Whips have had to deal with this issue, and I think we are united in knowing that it needs addressing.

The thing I find hard to understand is why we would not use the opportunity we have right now to put this matter beyond doubt. There are very few opportunities to do that, and one is presented to us right now, so I hope that the Leader of the House will take it. If she does not and my noble friend presses for a Division and is successful, I hope that, in the period between now and the Commons considering any amendments we pass, she will use the opportunity to make the case for this amendment to the Prime Minister and his Cabinet colleagues. As the Leader of the House sometimes reminded me when I was sat where she is, the Leader has a responsibility not just to bring the Government’s arguments to this House but to represent the arguments of this House back to government. This is one of those occasions when the House would look to her to take that lead.

I would simply add that, on this occasion, this is not political or partisan; it is about serving the public interest, not just the interests of us as individual Members. I hope that the Leader of the House will act in accordance with that if my noble friend divides the House and is successful in passing his amendment.

[Lord Wolfson of Tredegar (Con)]

My Lords, the point raised by this amendment is very short, and I will therefore make only three short points on it. First, as the noble Lord, Lord Pannick, said, it is unfortunate that we do not have sight of the relevant legal advice. Here, the Government are not relying on legal advice that is covered by the normal principles of confidentiality; this goes directly to how the House is going to vote on this matter, and it is unsatisfactory and unfortunate that we do not have sight of that legal advice.

Secondly, whatever view one takes on the underlying position, we now know that there are two contrary and conflicting legal opinions out there. That necessarily gives rise to ambiguity, which is something we should avoid if we possibly can. That brings me to the third point: we can avoid ambiguity here, because this amendment makes very clear what the position is going to be going forward, and we have the ability to put the matter beyond any doubt. Given that the Bill is already going back to the other place in respect of a number of points, I suggest that this amendment ought to be accepted. If the Leader of the House is unable to accept it, these Benches will support my noble friend in the Lobbies.