House of Lords (Hereditary Peers) Bill

Baroness Browning Excerpts

Report stage
Wednesday 2nd July 2025 Lords Chamber

[Lord Dobbs]

I had finished my remarks but will respond to say that I would love that to be the case.

[Baroness Browning (Con)]

My Lords, I have been waiting for the noble Lord, Lord Burns, to contribute to this debate. He has not done so, so perhaps I might, as a member of the Burns committee, set up by the former Lord Speaker, the noble Lord, Lord Fowler.

We brought before this House a report from the Burns committee with a suggestion of how we could limit the numbers and deal with retirements, but it was based purely on Prime Ministers of the day—and there have been quite a few of them since our report was debated by this House—making sure that they played their part in not sending so many people to the Chamber. As we know, it is only my noble friend Lady May who has kept that bargain and understood why that was important for it to work. Indeed, in subsequent Burns reports that have been available to the House, it was clear that the agreement on retirement was working. We had it within our grasp some years ago, agreed by this House that that was how we would proceed. Had we stuck to that—in particular, had former Prime Ministers stuck to their side of the bargain —I do not think we would be in this position today.

[Lord Sentamu (CB)]

My Lords, noble Lords will remember that I intervened in a debate when we had been going on for hours and went on to actually address the issue in this small Bill. It is not a big Bill and its aims are very clear, but I think we lost the opportunity of concentrating on what the Bill is about. If noble Lords remember, there were many speeches about reforming and about age, and they went on and on. I remember intervening to say that those propositions would go nowhere, because the purpose of the Bill is well defined.

It was with deep regret that I sat in your Lordships’ House and listened to so many speeches, with a lot of hereditaries sitting around, addressing the future as if they were not present. That was the sort of experience I used to have in this country when we were talking about black people. I would be in a meeting where they were talking about black people, and suggesting what would be good for them, but the black people were not being asked what they thought was good for them.

We have got be clear on what the amendment tabled by the noble Lord, Lord Parkinson, is about. First, it seeks to abolish the system of by-elections for hereditary Peers. Secondly, it seeks to prevent hereditary Peers joining the House. Thirdly, it would allow

“those who are presently serving in the House to remain”,

but no new hereditary Peers would be made. The problem with this amendment is what the Government would do. They have already tabled a Bill, which we have discussed, and we know where it is going.

In the Select Committee that the Leader of the House intends to set up, will thought be given to what might be done with those of our number who go out under this Bill who wish, if the opportunity is granted, to continue to serve, no longer as hereditaries but as life Peers? Would that question be worth taking up? If it is taken up then the noble Lord, Lord Parkinson, has raised an issue which should have been raised, again and again, in those long debates.

Finally, on the question of memory and where we are going, the problem is that any society, church, community, organisation or Parliament that forgets its memory becomes senile. We know where we are going with this Bill but, to prevent senility, it would be quite good to know from the Leader of the House—who told us that she would set up a Select Committee—whether there will be a mechanism to allow those who wish to continue to serve in this place to do so, rather than this Bill being the end of their time here.

We can all change titles. I came into this House in 2005 as a right reverend Primate. That caused me some trouble: why was I a “primate”—I thought primates were certain animals? I came here as a primate, and maybe a vicious one, and when I retired I became a Cross-Bencher. We can all change in ways that do not disrupt the reality of the House.

I have had a fantastic time here. I love everybody here who has given us their wonderful words and thoughts. It will be a very sad day when I look around and see that those who feel that this is still a place where they can do their public service—not everybody will feel that way—cannot be changed from hereditary to life Peers. If it is to happen, there must be a way in which we say that, yes, this Bill triggered a change, and then those speeches which were made about change can be revisited in the future. We need to reflect. I hope that we will not have more and more debates, but will finish this tiny Bill very quickly.

House of Lords (Hereditary Peers) Bill

Baroness Browning Excerpts

Report stage
Wednesday 2nd July 2025 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I rise to speak to Amendment 19, in my sole name, which proposes the replenishment of the Cross Benches following the departure of the hereditary Peers with 20 appointments over five years via HOLAC, the House of Lords Appointments Commission, which is chaired so ably by the noble Baroness, Lady Deech.

Currently, there are 32 hereditary Peers sitting on the Cross Benches of your Lordships’ House—an increase in the years since I joined, when I believe there were 28 hereditary Cross-Benchers. No group will be greater impacted by the impending removal of the hereditary presence. Unlike other groupings within the House, the Cross Benches do not speak with a single voice, despite being so ably convened by the noble Earl, Lord Kinnoull, and his illustrious predecessors, nor do we have any political or parliamentary machinery with which to lobby for replacements to ensure the relative proportion of the Cross Benches remains consistent after the passage of the Bill.

Contemporary political scientists and commentators —and, after this afternoon’s debate, I think the majority of your Lordships—consider that the expert, independent and ameliorating presence of the Cross Benches in this House is an essential element of its good legislative function. The Cross Benches provide considerable subject matter expertise not found on the more political Benches and tend to carry an apolitical casting vote that acts as a dampener to the political noise that emanates from the other place and is echoed here through the party-political Benches. We mess with that tempering role at our peril. I would ask the Minister to explain clearly in her closing speech how the Government propose to ensure that the Cross Benches of your Lordships’ House will not be diminished as a result of this legislation.

Your Lordships may recall that we debated this in Committee with Amendment 51, to which the noble Lord, Lord Anderson of Ipswich, and the noble Earl, Lord Dundee, added their names. The noble Lord, Lord Anderson, apologises that he cannot be here today, but he reiterated his support when we spoke this morning. He previously noted the importance of HOLAC and the people’s Peers process as a means of admitting distinguished and apolitical expertise to your Lordships’ House. The angels of HOLAC would not gain access by any other means. Think of the contributions of the noble Baronesses, Lady Grey-Thompson, Lady Lane- Fox, Lady Bull, Lady Watkins and the indefatigable Lady Kidron—the champion of our creative industries. Think of the tireless work of many noble Lords, including the noble Lords, Lord Krebs, Lord Pannick, Lord Patel, Lord Currie and Lord Adebowale. None would have been here but for HOLAC.

Amendment 19 would ensure that your Lordships’ House continues to benefit from this HOLAC appointments process, which is particularly important given the dramatic decrease in the number of HOLAC appointments in recent years. To reiterate the numbers referenced in Committee, there were 57 appointments during HOLAC’s first 10 years between 2000 and 2010. Since then, there have been only a further 19 appointments, with six since 2018.

[Baroness Browning (Con)]

As a former member of HOLAC, I wonder if I might intervene briefly. In the term in which I served on HOLAC, we would have liked to have introduced two or three Cross-Bench Peers a year, which had normally been the case. I am afraid that we were prevented from doing so by the Prime Minister of the day.

[The Earl of Devon (CB)]

That is very helpful, because I was going to propose a possible number. As I was saying: in other words, from initially making nearly six HOLAC appointments a year, we now have only one such appointment annually.

Despite having a non-partisan, highly qualified appointments commission, we are simply not making use of it. Given that this Government are determined to honour the constitutional commitments of the Blair years with the Bill’s passage and the final abolition of the hereditary peerage, should they not also honour the Blair Government’s connected commitment to HOLAC and permit the replenishment of the Cross Benches in the way proposed by Amendment 19, which would ensure a modest appointment rate of perhaps four people’s Peers per annum?

As I have previously noted, I do not think that hereditary Peers should be converted into life Peers in any significant number. Amendment 9 should not pass. This is because our particular demographic will remain well overrepresented among the remaining Members of your Lordships’ House. I do not therefore see Amendment 19 as a route for abolished hereditaries to return to these seats, albeit that they would be welcome to apply with anybody else as common citizens. Rather, we should take advantage of the removal of the hereditary presence to increase the diversity of our membership and bring a broader array of expertise and opinion to bear upon your Lordships’ legislative efforts.

As I understood it—and as mentioned earlier—one of the main reasons for retaining a rump of hereditaries back in 1999 was that it would encourage the further reform of this House, leaving it better, not worse, as a legislative body. I am concerned that the Bill, as currently drafted, removes a group of largely independent-minded Members and increases the proportion of Members that are politically motivated. Amendment 19 would reverse that and replenish the House with a group of non-partisan and technically expert Members. It also has the benefit of diluting, if only a little, the relative increase in prime ministerial patronage that will result from the loss of hereditary Peers, which must surely be a good thing.

On that basis, I recommend it to your Lordships and look forward to hearing from the Minister why it cannot be adopted to support the continued and essential vibrancy of our Cross Benches.