House of Lords Reform: Lord Speaker’s Committee

David Hanson Excerpts

Wednesday 15th November 2017 Westminster Hall

[Tommy Sheppard]

I do indeed, although the way I would put it is that I wish the reforms to be so extensive that they are tantamount to abolition. Starting with a clean sheet of paper would probably be the best way to go forward. I will come to arguments for the alternative later.

As I read the report and read between the lines, I can almost sense the authors’ exasperation at the situation they are in: their remit has been necessarily constrained to a very narrow one about the size of the House of Lords. They are not able to take into account other matters, looking at the wider context of the institution. I also sense—it is mentioned several times—their frustration at having to search for ways other than legislative and statutory reform to try to achieve some sort of change. I applaud their ingenuity in finding ways within existing statutes and by using procedures such as the code of conduct to set out how they may be able to achieve some of their suggested changes without reference to primary legislation. None of that removes the need for us as an elected Chamber to look at legislative reform. It is an abrogation of political responsibility by the Government, as well as a kick in the teeth for public opinion, that they refuse to countenance bringing forward legislative reform.

The report is necessarily limited, but I would describe it as extremely small baby steps on the road to reform. To give an idea of just how limited they are, one of the key suggestions is to bring in a fixed term of 15 years for Members to serve in the upper House. The suggestion is to phase that in, and it would not be fully implemented until 2042. That’s right—2042. I doubt whether I will be around to see what happens in 2042. To understand just how modest the suggestion is, NASA intends to put a human being on Mars by 2042. We seem to be incapable of suggesting that we can bring in fixed-term appointments for the House of Lords before, as a species, we are capable of colonising other planets. That puts it somewhat in perspective.

Given that the Committee found ways, without reference to legislation, to suggest reform, we should embrace its suggestions and perhaps be a little more ambitious about their application. In considering the report, I suggest to its authors and the upper House that, if they have found ways to bring in fixed-term appointments, why 15 years? On what possible grounds is it okay for someone first to be appointed rather than elected and secondly to serve without sanction or accountability for one and a half decades? Why not cut that in half and make it seven years? Then we could accelerate the process of moving to fixed-term appointments much more quickly.

The Committee suggested through various procedures to reduce steadily the size of the Chamber by appointing one new peer for every two who die, resign or otherwise leave the upper House. If we can have two out, one in, why not have one out, none in? Why not have a moratorium on appointments until the House begins to shrink to a more acceptable level?

We should also be concerned about the things that the report, by its own admission, does not say, and the problems that it does not address—indeed, it recognises that its limited suggestions will exacerbate some of the other problems. Consider, for example, the hereditary peers. Not only are 92 people who are appointed to make the laws of our land not elected by anybody, but the only basis for their appointment is accident of birth. They are not even the aristocracy—they are the progeny of aristocracy from centuries past. That is such an anachronism that it is an affront to every democratic ideal that we must surely espouse. A rather sordid deal was done between the Blair Government and the then Tory Leader of the House of Lords—against, by the way, the wishes of the then leader of the Conservative party—to protect the 92 hereditary peers. That was seen as an interim step, yet every attempt to follow through and complete the abolition of hereditary peers has been blocked by the institution itself and those who support it.

[David Hanson (Delyn) (Lab)]

I am sure the hon. Gentleman is aware that next year my private Member’s Bill, the House of Lords (Exclusion of Hereditary Peers) Bill, will have its Second Reading. The Government could accept that as part of the deal to reduce the size of the House of Lords immediately.

[Tommy Sheppard]

Indeed, and it is regrettable that an individual Member has to use the procedures of the House to pursue such an objective when it is so glaringly obvious that the Government should act on this issue to improve our democratic system. When he responds to the debate, perhaps the Minister will explain why the Government see fit to take no action whatever on Lords reform.

Hereditary peers are an anachronism and an affront to democracy, but under proposals in the report, which would reduce the size of the House of Lords from more than 800 Members to below 600, they are untouched. That means that their influence will increase as a proportion of the upper Chamber. Rather than tackle the problem, this tinkering will make it worse and give hereditary peers even more influence over the rest of us. We must do something urgently to tackle that democratic affront.

The report also acknowledges the situation of the Lords Spiritual, which is not to be reformed in any way, shape or form. I have many colleagues and friends who are active in the Church of England and I mean them no disrespect, but it is ridiculous in our multicultural, multi-faith society that, if any spiritual leaders are to be appointed anywhere in our legislature, that should be the preserve of just one faith and one Church in this country. That is an affront to people of other faiths and of none, and it is urgently in need of reform. I say that knowing that many people in the Church of England would agree with me and seek such reform themselves, yet the report says nothing about the issue. Indeed, it admits that the influence of the Lords Spiritual in the upper Chamber will increase under the proposals, rather than be reduced, because their number as a proportion of the upper House will increase.

The most glaringly obvious omission in the report, which its authors acknowledge, is the fact that we have not even begun to debate the method of constitution and selection of the upper Chamber. I believe in a bicameral system. I think there is a need for an upper revising Chamber, although the arguments for it need to be made. One argument most often made is not an argument for an upper House; it is an argument about the inadequacy of the primary Chamber. It suggests that we need the House of Lords because the way the House of Commons operates means that it is often capable of getting things wrong and making bad draft legislation, so everybody needs a second look and it must all be revised. That is an argument for improving our procedures in the House of Commons and considering how we originate, deliberate on and make legislation; it is not in itself a justification for a second Chamber.

I believe that there should be a revising Chamber as that has some merit in a democratic system and our parliamentary institutions. However, a fundamental tenet of my belief is that those who make laws over others should be accountable to those who serve under those laws. The governors must be appointed by the governed, otherwise they lose respect, credibility and legitimacy. If we are to consider a new upper Chamber by 2042, surely we must advance the argument that it should be an elected Chamber that is representative of the citizenry of the country. When devising a new Chamber we should take the opportunity to build in procedures that will overcome the current inadequacies and democratic deficits. We must ensure proper representation of women in the Chamber, and of the age range and ethnic mix in the country. We also need a proper geographic spread to represent the regions and nations of the United Kingdom. That is an argument whose time has come. It is something that we need to advance, and if we do so I think that many Members of the upper Chamber will be willing to join that cause.

In conclusion, I ask the Minister ever so gently whether he will reconsider his position, take off the blinkers, realise the degree of public concern about this issue, and commit the Government—not next week or month, perhaps not even next year, but before the end of this parliamentary term—to bringing forward the reforms that are so urgent and necessary. We are now at a crisis point. A report published by the Electoral Reform Society last week contained an extensive survey of public opinion in this country. It showed that only 10% of those polled agree with the House of Lords remaining unchanged as it is today. Fully 62% now believe that the upper Chamber should be elected. That number is increasing, and if we do not act it will increase further, and the political crisis in our institutions will continue. It is time to act.

--- Later in debate ---

[Luke Graham (Ochil and South Perthshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Howarth, and I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) on securing this debate. I am pleased to have the opportunity to speak about this issue.

In my opinion, House of Lords reform is simple: I believe that it should be reformed, but the exact nature of how that reform should be enacted is up for debate. I do not agree with the hon. Gentleman that the House of Lords should be abolished. It has proven itself to be effective in its capacity to scrutinise legislation and hold the Government to account, and for that reason alone we should maintain a second Chamber.

The House of Lords also contains many experts in their fields, from Lord Winston in the sciences, and Lord Coe, who delivered the fantastic Olympic games in 2012, to Baroness Lane-Fox in business, technology and education. Those peers bring a wide range of backgrounds and expertise to these Houses of Parliament, and it would be remiss to do away with such expertise by simply abolishing the House of Lords.

The House of Lords Act 1999 retained many hereditary peers but restricted their numbers to 92, in order to ensure that any loss of knowledge and expertise caused by the removal of hundreds of experienced Members was limited. After 18 years, however, I am confident that the knowledge gap has been adequately bridged by subsequent appointments and, of course, the intervening years, and that we now have sufficient knowledge in the House of Lords.

[David Hanson]

If the hon. Gentleman is arguing that half of this Parliament should be made up of experts, why not the House of Commons? Why not just appoint experts to this House, rather than have elections every five years?

[Luke Graham]

I will be addressing that point shortly in my speech.

There are, therefore, reasons why a second Chamber should be retained. To have experts as part of the parliamentary process, able to sit outside some of the pressure of regular elections and to stay constant and think of the country’s good rather than the next election, is a benefit and a strength to the nation that should be retained. However, that does not mean the House of Lords is above reform, as I have said. All in, as the hon. Member for Edinburgh East said, there are about 825 Members in the House of Lords, with a working number of 800. That is far too large a number to be practical in terms of work, or democratically justifiable for an unelected second Chamber. The Lords must therefore be reduced in size.

--- Later in debate ---

[David Hanson (Delyn) (Lab)]

I shall start with what is probably obvious: I have always voted for the abolition of the House of Lords, and given the opportunity I would vote to do so again. That, as the hon. Member for Edinburgh East (Tommy Sheppard) has said, is not because there are not good people in the House of Lords. There are; but I take the view that some element of democratic input is needed when legislation is passed on behalf of my constituents. I wake up every morning knowing that I have been sent to this House because crosses were put by my name. At the next election, those crosses can be put by another candidate’s name. That keeps me on my toes and tells me that I am held to account by those at home for what I say here. Those people can support me for what I say when I speak, or remove me from my seat in the future.

I would always vote to abolish the House of Lords; and self-evidently if that happened, we would need to consider how to do it, or seek a mechanism for replacing it. In view of the time, I do not want to put a detailed focus on the full report. There was little in the comments of the hon. Member for Edinburgh East that I disagreed with. We can speed up the process and increase the number of people who are removed; we can do all sorts of things. I want to focus on something about which, as the Minister knows, I have a bee in my bonnet. I will continue to chew Government legs for the foreseeable future, until the goal is achieved. The issue is hereditary peers—raised by the noble Lords themselves in the report.

As hon. Members will know, there are 92 hereditary peers. I voted for the House of Lords Act 1999, which was brought in under the Labour Government and which rightly removed hundreds of hereditary peers from the House of Lords. As part of the deal to get the reform through with Lords approval, 92 hereditary peers were kept. It was intended to remove them in the future. Now, 18 years after that Act was passed, 92 hereditary peers still sit in the House of Lords. The report says:

“In the absence of legislation, the hereditary peers will make up a larger proportion of a smaller House, with a particularly significant impact on the Conservatives and Crossbenchers. The House, and perhaps more pertinently the Government, will need to consider whether such a situation is sustainable. Any change would require legislation, which could only realistically reach the statute book if it had Government support.”

Irrespective of the wide-ranging changes that are being proposed, the House of Lords, as part of its wish to reduce its number, has said, effectively, that the hereditary peers are unsustainable and that the Government need to consider a legislative solution to bring those matters forward.

It so happens that, as I mentioned in an intervention on the hon. Member for Edinburgh East, I have a legislative solution. The House of Lords (Exclusion of Hereditary Peers) Bill was printed on 7 September and is due for Second Reading on 27 April 2018 and would abolish hereditary peers with effect from 2020, to give time for the transition to take place. I should like to know from the Minister whether, in the light of the House of Lords proposals, he would support that Bill. I recognise that parliamentary time is tight, but it does not take a great deal of effort to support such a Bill if the Minister has the political will.

The Minister will know that my noble Friend Lord Grocott has come top—No. 1—in the private Member’s Bill ballot in another place. I might say that he is good cop to my bad cop in the matter of hereditary peers. He wants simply to end the election of hereditary peers, and let them disappear slowly over time when election vacancies become available. I should like to know whether the Minister would support that Bill. There is parliamentary time available in the Lords to take it through in this long Session and end the election of hereditary peers. If the Minister cannot support the principle of my Bill, he could, potentially, support Lord Grocott’s. He will at some point have to vote against that Bill from the other place, because—it is not a secret—it has had a Second Reading and Lord Grocott will take it to Committee. He wants it to come to this place, so that on his behalf I can take it through this place in parliamentary time. Today the Minister needs to focus—if on nothing else—on what he will do about hereditary peers.

Why does that matter? I happen to take the view that the great great-great-great-great-great-great-great-grandchild of someone who did something 400, 500 or 600 years ago should not be making legislation on my constituents’ behalf today. Lord Mostyn, who lives in Mostyn Hall in my constituency, recently applied again to be a hereditary peer when the vacancy came up. His great-grandparents got their peerage because his great-great-great-great-relative fought on the King’s side in the English civil war. It does not seem to me that which side someone fought on in the English civil war is a basis to make legislation in the 21st century.

I am sure that my Scottish colleagues here today will appreciate the fact that Lord Fairfax of Cameron is currently in the House of Lords. His ancestor got his peerage because he was the first person to go to Edinburgh to meet the new James I of Scotland, or James VI of England. I am sorry, that should be the other way around—I am not very good at my royals, but the point is made. He got his peerage for being the first person to travel from London to Edinburgh to meet the new King. That does not seem to me to be the modern way of making democratic decisions. Lord Attlee sits in the House of Lords now. He has his peerage because Clement Attlee was given a hereditary peerage when he retired from the House of Commons. Lord Attlee is now a Conservative Member. I do not think there is a basis for having the grandchild of the architect of the national health service making laws and voting with the Conservative Whip when his grandfather was given his peerage for being a staunch Labour party member.

The election system that we have now for hereditary peers is absolute nonsense on sticks. I will give an example: Lord Thurso, God bless his cotton socks. He was thrown out of the House of Lords by the Labour Government’s House of Lords Act 1999. He stood for the House of Commons and was elected as the Member of Parliament for Caithness, Sutherland and Easter Ross in the 2001 election, transferring his blue blood to his ordinary blood. He was thrown out by the electorate in 2015, losing his seat to a member of the Scottish National party. By chance, a Liberal hereditary peer died and there was a by-election in the House of Lords. Three Liberal Democrats put their names forward for that by-election. Lord Thurso got 100% of the vote and is now back in the House of Lords, having had a blood transfusion to blue blood again.

I ask the Minister: is that tenable? That is the simple question he needs to ask. Is it tenable for three people to vote 100% for somebody who has a peerage because of what their relative did in ancient history, who has been thrown out of the House of Commons and who is now back legislating in the Chamber? If this Parliament were an African country, the Minister’s colleagues in the Foreign and Commonwealth Office would be calling for sanctions because of the families that had ruled the Parliament for generations and the lack of democracy.

[Luke Graham]

Will the right hon. Gentleman give way?

[David Hanson]

Hold on a moment. If this were China and Chairman Mao’s grandson had a seat in the Chinese Parliament simply because he was Chairman Mao’s grandson, I bet the Minister would be calling for sanctions against China.

[Luke Graham]

Having lived and worked in China, that is not the case, but on the right hon. Gentleman’s point about supremacy and democracy, does he not accept that under the Parliament Act 1911, the people of the United Kingdom are still sovereign and the Commons can still overrule the Lords? Although I agree that there should be reform in the Lords, let us not take the argument to the extreme. Democracy still rules in this country and it lies with the Commons.

[Mr George Howarth (in the Chair)]

I believe the right hon. Gentleman was about to conclude his speech.

[David Hanson]

Do not worry, Mr Howarth, I am. Trust me. The House of Commons does reign supreme, but I take the view that this debate is about a different system. Whatever else we do about the House of Lords, the Minister, who is an historian, needs to know that he is on the wrong side of history. He needs to know that he must bring forward a solution or he will be judged by history for failing to do so. I hope that, whatever else he does, he will remove hereditary peers and accept either Lord Grocott’s Bill or mine, or indeed bring forward his own and make history.

--- Later in debate ---

[David Hanson]

Will the Government seek to block Lord Grocott’s Bill, which is the No. 1 private Member’s Bill in the House of Lords, to end hereditary peer elections?

[Chris Skidmore]

I had hoped to touch on hereditary peers later, but I will come to that point now. We had a debate in Westminster Hall in July. I recognise that Lord Grocott’s Bill had its Second Reading in September. The Government still hold their position that it must be for the other place to reach a consensus around reform. If the other place reaches consensus, we will work with the House of Lords to look at what incremental changes are taking place. Lord Grocott’s Bill and the issue of hereditary peers will be further debated. We will be looking at that Bill going forwards. Obviously we will be debating the right hon. Gentleman’s private Member’s Bill, which he mentioned, on 27 April, and I hope to be in my place discussing those issues with him.

In order to take reform forwards—I will touch on the historical precedents at a later point—we need to ensure that we have consensus. With Government support, the House of Lords Reform Act 2014 enabled peers to retire permanently for the first time and provided for peers to be disqualified when they do not attend or are convicted of serious offences. We supported the House of Lords (Expulsion and Suspension) Act 2015, which provided this House with the power to expel Members in cases of serious misconduct. The House of Lords Reform Act 2014, which enabled peers to retire for the first time, has resulted in over 70 peers now taking advantage of the retirement provisions. That goes to show that incremental change can have a significant and dramatic effect on the House of Lords—its reform and it size. As a result of the 2014 Act, retirement is becoming part of the culture of the Lords. We have had other Bills, such as the Lords Spiritual (Women) Act 2015, which has allowed female bishops to sit in the Lords for the first time.

The Government are clear that we want to work constructively with Members and peers to look at pragmatic ideas for reducing the size of the Lords. It is by making those incremental reforms, which command consensus, rather than comprehensive reforms, that real progress can be made.