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

Earl of Erroll Excerpts

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, I am in favour of reform of the methods of getting into the House of Lords, but this Bill will ensure that we have an appointed House of Lords within a generation or shortly after. This has not been the clearly expressed intention of the House of Commons whenever it has voted on this issue. That is my major stumbling block because I, like many others, think that lawmakers must have democratic legitimacy and therefore be elected. This is not satisfied by an appointed House.

The trouble is that there are Members of both Houses who think that the other place might lose its primacy if we end up having an elected, or majority- elected, House over here. That is why they want to see an appointed House, even if it is via the back door as is happening here. The composition of an appointed Chamber will inevitably be heavily influenced by the Civil Service, which will end up drawing up the guidance for the appointments body and, probably, determining the membership of it.

The next challenge is that the Prime Minister is actually the head of the executive branch—the Civil Service. He or she may also sit in the House of Commons as the leader of the majority party, but these two roles should not be confused. It is democratically indefensible that this person should be able to exert immense influence on the membership of one of the Chambers of the legislature, whose purpose is to pass laws which are there to control their own Executive. That is not a good idea in any way at all. If we want greater democratic authority, and we should, we should first remove the Prime Minister’s powers of appointment via the honours system and then we can see how a replacement appointments system works in real life. If we like it, then the hereditary Peers could retire.

I had thought that most Members of both Houses of Parliament would be believers in a two-chamber democracy with checks and balances, but I now realise that a lot of people are either Commons supremacists or they think that central state control is not a problem. However, that is not why we are in Parliament.

I agree that the by-elections process is flawed, and we should consider the thoughtful ideas put forward by the noble Lord, Lord Cope, for reform of the Standing Orders. We could also alter the balance of places between the parties based, say, on the total number of votes cast for each party at the last election, while preserving the 20% of independents through the Appointments Commission. All of this would be possible without primary legislation.

By the way, the noble Lord, Lord Pannick, might be amused that I am sitting here because of my mother who sat before me: I am a Scottish Peer. The Queen sits on that Throne as Queen: the royals can also do this because of James VI—I think you call him James I.

Our small proportion of hereditary Peers was put here with a purpose: to ensure further democratic—I remember those words being used—reform of the House of Lords. It is my duty to try and see that. The fact that it is taking a long time for the other place to come up with an acceptable reform is not our fault, but until they do we hereditary Peers must stay or it will not happen. I will vote for a satisfactory, sensible, sane solution which encapsulates democracy at its core. This Bill is not that and is a dangerous step in the wrong direction.

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[The Earl of Erroll]

It is Questions that should not be read, not speeches.

[Lord Mancroft]

My Lords, I do not wish to get involved in that debate. The one initiated by the noble Lord, Lord Grocott, is much more interesting.

Nowadays we also have unedifying and tetchy Questions—the noble Lord, Lord Foulkes, may know a little bit about that—which seek and elicit little information of any use to anybody, but serve only to allow the usual suspects to grandstand, and junior Ministers to practise repeating the same bland, Civil Service jargon.

More importantly, it is difficult to conclude that we revise legislation as well as we used to, with a never-ending stream of Second Reading speeches in Committee, and too many important matters decided on Report on the Whip, without any reference to constructive input from the Back Benches. This is not, as some suggest and have suggested again today, because the House is too big. As we all know, it is actually rather smaller than it was 50 years ago. It is not a problem of quantity, but rather of quality. That is not directly because the number of hereditary Peers was reduced—by 90% on paper, or 45% in practice—but is a consequence of their departure en bloc. If the existence in the House of 92 Peers who owe their seats to their birth is an anomaly, it is not actually an outrage. I do not find that most people around the country are particularly horrified or embarrassed by it; they do not really think about it very much. What is an outrage—a genuine constitutional outrage—however, is that the Prime Minister who has the majority, or at least the control, of the other House, retains virtually sole power of appointment to it. That is a matter worth shouting about.

The red-top newspapers complain that this House is an old people’s home. They are not far wrong although they do not seem to have worked out that that is because your Lordships’ House has increasingly become a retirement home for Members of another place since the Life Peerages Act was introduced in 1958. In the old days when this House had 1,200 Members, 10% were retired Members of Parliament. Now we have 800 Members, of whom 25% are former Members of Parliament. There is nothing wrong with Members of Parliament individually—I even have a few friends who were MPs—and they are perfectly suited to the House of Commons. However, in your Lordships’ House, and in too great a number, they are an absolute menace: first, because, by their very nature, they want to do things and change things when they would be far better employed just paying attention, and, secondly because they think that being a Member of this House is a full-time job, so they turn up all day, every day and think that they ought to speak in every debate even when they have nothing original to say. That is why this House appears to the uneducated outside observer to be full to overflowing.

This House is often—erroneously in my view—referred to as a House of expertise. Of course, it is not. What it was when I first came here was a House of Members with a wide range of experience and independence of mind and attitude. That is why the Whips could not dominate it as they do the House of Commons. Where you have a group of experienced and independent-minded people, you will inevitably find that they have one or two areas of expertise, and that is what the casual observer saw and often remarked upon.

Members of Parliament by their very nature, after years of subservience to the Whip, are less comfortable with exercising their free will, which is so frowned upon at the other end of the Corridor. Their skill is not in revising legislation because, unfortunately, the House of Commons no longer deals with legislation, but rather in adversarial party politics, which is what we do not do here, or at least used not to. That is why the conduct of business has become so unruly and discourteous, aping the manners of another House.

I accept that MPs find this House more comfortable but it is not about their comfort or indeed my pleasure. It is therefore essential for the health of our system of parliamentary democracy that this House corrects and completes the reform that has led to this disastrous state of affairs. Some argue that incremental reform is better than none at all but it is clear to me that, whether deliberate or accidental, incremental reform of the type that this Bill seeks to achieve would make proper wholesale reform much less likely. That is not in the interests of this House, of Parliament or of the British people. I will therefore oppose this Bill.

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

Earl of Erroll Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Friday 7th September 2018 Lords Chamber

[Baroness Hayter of Kentish Town]

This Bill is about something much more immediate. We are not actually in government. It is very nice to say, “If we want to be in government, we could do something about this House”, but we are not there at the moment. The House can do something at the moment with this Bill. It is a very modest proposal and I call on all noble Lords to move with speed today and get the Bill through.

[The Earl of Erroll (CB)]

My Lords, I support this regret Motion and I will support the Motion of the noble Lord, Lord Adonis, as well because it is about democracy. If the other place is reduced by 50 people, I would point out that the proportion of Ministers who are heads of the Executive’s departments will increase in proportion to the number of Back-Bench MPs. The challenge comes because Parliament is here to control the Executive. The danger in the Commons is that if there are too many Ministers who see themselves as more powerful, yet are circumscribed in what they can join in on as Ministers, that weakens parliamentary scrutiny of the Executive. Therefore, the Bill is extremely dangerous because it will reduce the poison pill—us, the hereditaries—but not incentivise further democratic reform, which I have always supported. Both regret Motions are valid. It cannot be piecemeal because once we go, there will not be further reform. The noble Lord, Lord Adonis, is therefore absolutely right, apart from his point about moving Parliaments backwards and forwards, which does not work very well with Strasbourg. Apart from that, the democratic effect is vital. If your Lordships really think that there will be further reform if you allow this Bill through, I think that is charmingly naive.

[Lord Lea of Crondall (Lab)]

My Lords, I have heard some convoluted arguments in my life but we are getting into near-nonsense territory. I ask the House to consider whether the noble Lord, Lord Wakeham, for whom the whole House has the greatest respect, can really sustain the argument—I hope he will correct me if I quote him incorrectly—that his fundamental opposition is to a principle not being sustained by this House if we wish to act by legislation, when this House has always said that it would act by self-regulation. That sounds fine but I ask the House to consider how this could be done by self-regulation. I happened to be here just in time for the 1999 Bill. At that time, it was clear that that reform had to be done by legislation. Am I right or am I wrong?

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[Lord Grocott]

My Lords, I do not think we have covered ourselves in glory over the past 45 minutes. The Commons is not sitting today, so if there is any parliamentary coverage, it will presumably focus on us and this debate. I hope that one or two contributions do not receive a wider audience, because essentially what is happening now is a filibuster on a Bill which had overwhelming support at Second Reading. It is an identical Bill to one that I introduced in the previous Parliament which, likewise, had overwhelming support on Second Reading and was filibustered out of existence in Committee. The principal supporters—organisers, indeed—of this filibuster know that there is a small minority of people opposed to the Bill in this House. That is what the world outside, if it is interested, needs to know. The Bill is simply ending by-elections. I make no apology for repeating that in one of the most recent ones, there was an electorate of three but seven candidates. There is no by-election in the world as absurd as that and yet, amazingly, a number of speakers today want us to continue that system in perpetuity. Let us make no bones about that whatsoever.

[The Earl of Erroll]

First, the Bill’s sole purpose is not to end by-elections. You will get an appointed House de facto through the back door, whether you like it or not. That is the net result, and we do not want by-elections to go on in perpetuity: I want a democratically elected House.

[Lord Grocott]

The noble Earl should simply read the title of the Bill: the clue is in the title. The Bill is the House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill. That is what it does: nothing more, nothing less. If you oppose the Bill, you support the by-elections: there is no equivocation on that fact.

I must respond on two specific points made that are worthy of emphasis. The noble and learned Lord, Lord Brown, made a point about the assisted places scheme that the Bill addresses. It is worth putting it into figures. If you inherit a title from a hereditary Peer, you have something like a one in 211 chance—that is the number on the list of hereditary Peers able to stand in any by-election—of becoming a Member of Parliament, because this is a House of Parliament. If you are anyone else, like most of us here or the 60 million or however many people it is who are over the age of 18 in Britain, you have something like a one in 70,000 chance of becoming a Member of Parliament. That is the arithmetic, as I make it, so it is a ridiculous assisted places scheme, and all those who speak up to defend it who are hereditary Peers—I know that some are not—need to explain why they should have that massive advantage over all their fellow citizens.

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[Lord Northbrook]

That is beyond the terms of my amendment.

The Peerage Act 1963 gave all hereditary Peers of Scotland the right to sit in the House of Lords, instead of requiring them to elect 16 of their number, as had been the case since the union with Scotland in 1707. But no similar measure was introduced for the Peers of Ireland.

We move on to 1965. A number of Irish Peers, led by the Earl of Antrim, petitioned the House of Lords for recognition of their rights to elect 28 representative Peers to sit in the House of Lords. This was referred to our Committee for Privileges. The committee concluded that as there was no longer one Ireland, the Act of Union 1800 provision for 28 representative Peers no longer applied. However, Lord Wilberforce, dissenting in part, made a crucial point. He said as follows: because the office of Lord Chancellor of Ireland, as well as other offices such as the Clerk of the Crown in Parliament, which enabled the election of Irish representative Peers, had been abolished in 1922, it made it impossible to follow the procedures laid down in the Act of Union 1800 for a replacement when one of them died.

The Committee for Privileges’ verdict, in my layman’s view, is unsatisfactory because it failed to recognise, first, that the Irish representative Peers represented the Peers of Ireland and not Ireland as a whole. As a result, any change in Ireland was irrelevant. It also ignored the continued existence of part of Ireland—Northern Ireland—in the United Kingdom. Lord Wilberforce also expressed doubts that an Act of such constitutional importance as the Act of Union with Ireland could be repealed by implication or obsolescence.

Returning to the Scottish peerage, I cannot fail to mention the challenge of the House of Lords Act 1999, which stated that there should be 16 Scottish hereditary Peers in perpetuity in the House of Lords and that their abolition was contrary to Article 22 of the Treaty of Union between England and Scotland.

This is therefore an excellent opportunity to redress the scarcity of elected hereditary Northern Ireland Peers and maintain the number of elected Scottish hereditary Peers.

[The Earl of Erroll]

I wish to say—very quickly, because we have just had a history lecture—that, under the Peerage Act 1963, hereditary Peeresses, Peers in their own right, could sit for the first time in the House of Lords. My mother was one of the 16 elected Scottish representative Peers to sit, and one of the first five hereditary Peeresses to sit in the House of Lords—so we did get a bit of female representation. The answer to the Wales question is that of course it was not a kingdom. The issue of the Scots Peers was around the merging of two kingdoms under a Scottish king.

[Lord Trefgarne]

My Lords, to refer to the point made in my noble friend Lord Northbrook’s amendment, the question of the Scottish Peers was of course addressed when what became the 1999 Act went through your Lordships’ House. As I recall, although it is now a long time ago, the Scottish Peers petitioned the House for exclusion from the provisions of the 1999 Act. They were represented by none other than the then Mr Richard Keen—now none other than my noble and learned friend Lord Keen of Elie himself. His petition did not succeed.

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[Lord Northbrook]

My Lords, as far as I am aware, this is a new amendment which has not been moved before. It suggests that any excepted person under the House of Lords Act would, once the Burns commission report has been adopted, remain a Member of the House for a fixed term of 15 years, as other Members will be after the Burns report is implemented. However, until the legislation changes, a by-election could still be held at the end of 15 years after the first hereditary Peer had been elected. I beg to move.

[The Earl of Erroll]

This amendment sounds quite sensible as it brings us into line with the spirit of the Burns report.

[Lord Grocott]

My Lords, the best way to respond to the spirit of the Burns report would be to pass this Bill and turn it into an Act, because, for as long as it remains on the statute book, for every one hereditary Peer who leaves for whatever reason, he or she—well, it is “he”, actually—will always be replaced by another hereditary Peer. Everyone else would be under a system whereby it is two out and one in, with the exception of the hereditary Peers. I suggest that if the noble Lord is concerned about the Burns report, he should withdraw his amendment.

[Baroness Hayter of Kentish Town]

My Lords, this is an all-appointed House; it is just that some people are here because their fathers, grandfathers or great-grandfathers were appointed by the King or the Queen at the time. It is an all-appointed House.

[The Earl of Erroll]

The difference is that because we are here and that is found objectionable by some people, we might get a democratic House. If we go, we will not. Those of us who are democrats think that there should be democratic authority and legitimacy in the House of Lords for it to survive long term.

[Lord Snape]

Can the noble Earl tell us how many of his ancestors fought for democracy and where?

[The Earl of Erroll]

I think I should answer that question later.

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[Lord Adonis]

My Lords, this is such a well-crafted amendment that it would make a fundamental reform of this House unavoidable, which was the original purpose of the undertakings given by my noble and learned friend Lord Irvine of Lairg during the passage of the 1999 Act. He saw at the time, and we agreed, that this would be a poisoned pill in the composition of the current House of Lords that would make the creation of a democratic House unavoidable. That, alas, has not happened in the last 20 years. I greatly regret it and I accept some measure of responsibility for the fact that the Government of which I was apart did not succeed in carrying through its proposals for a fully elected House. But I am afraid that the party opposite did not succeed in it, and that the noble Lords on the Liberal Democrat Benches, who claim to be most powerfully in favour of these reforms, also failed when they were in government. So in different ways, all the parties in this House have failed.

That failure, and the failure of wider constitutional reform of which it is a part, is a substantial part of the reason why we are going through the current Brexit crisis. We need to address it, and I would much rather do so by fundamental changes and improvements to the constitution of the United Kingdom than by wrenching this country out of the European Union.

These issues cannot be ducked, and we certainly cannot sweep them under the carpet with tiny, incremental changes of the kind which my noble friend Lord Grocott is proposing, so I beg to move.

[The Earl of Erroll]

My Lords, I rise to support this amendment because it introduces the concept of democracy. As I have said, I would like to see democratic reform of the House of Lords. As for the practicality of it—as has just been raised by my noble friend Lord Low—with online voting coming, I am sure, and with modern electronic methods, we do not need a sort of general election set-up with lots of voting polls. Things will be handled electronically online, and this is an interesting way of introducing some democracy and accountability. I support the amendment.

[Lord Rooker]

Such Members as would be elected under this amendment would not be bound by the conventions of the House. That is the fundamental issue. I cannot take seriously people talking about reform in terms of the composition of the House. They completely ignore the functions and powers of the House. We cannot have the existing powers and functions of the House unchanged and then impose an election on it—under that structure there would be no dispute resolution between the two Houses. At the present time, the Commons always has the last word. That is my telling point when I take part in Peers in Schools. We are not equal Houses. The Commons always has the last word. Very occasionally it might have to wait a year, but the fact is it always has the last word because it is elected. It is as simple as that.

If, like Nick Clegg, one refuses to accept the discussion about the functions and powers of the House and only wants to change the composition process, that will lead to absolute chaos in the governance of the country. I cannot take seriously those who say we want an elected second Chamber, because they completely ignore the two fundamental things that have to change. Before we get elected to this House, we have to know what we are going to do when we get here. It is no good saying: “Oh, we’ll change it afterwards”. If we get an elected second Chamber, the first thing the elected Peer will say is, “I’ve got a mandate. Open the cupboard. What are my powers? I can chuck out this Bill from the Commons. I don’t agree with it—I don’t have to scrutinise anything because I’ve got a mandate”. There would be no dispute resolution. I cannot take such ideas seriously.

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

Earl of Erroll Excerpts

Report stage (Hansard): House of Lords
Friday 15th March 2019 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it would be helpful if we could intervene from these Benches just once. I have to say that just at the moment I do not feel like a shadow Minister. I feel rather like Alice through the looking glass, as though I had fallen through a door and discovered myself—I will not say at the Mad Hatter’s tea party—somewhere in quite a different century.

On the so-called promise made in 1999, women of my age—or rather six months younger than me—were promised throughout their working lives that they would have a pension at the age of 60; they then discovered, unprepared, and without the money, that it would be 67. This House let that through, so it is quite possible to change what has been promised by an Act of Parliament. It is right to do it by an Act of Parliament rather than any other method, but let us not have any of this, when we consider what has been taken away from women. I am one of the very lucky ones—the last cohort of women who got their pension at 60, which was a long time ago—but a whole swathe of women have lost out.

Along with some colleagues, I met a group of Slovak MPs here in the House earlier this week. As very often when women politicians get together, we fell to discussing female representation in our various Parliaments. I have to say that they were completely mystified as to how this House—with the advantage of appointments and therefore not having to worry about whether the electors always choose equally—had not moved further towards female emancipation. I then pointed out that, with one exception, we had a caucus of 92 men who would always remain here because the system was that, when they left, they would be replaced by another man, and nothing that anyone else could do would alter that. They were a little mystified.

[The Earl of Erroll (CB)]

I am afraid that I have two sons and two daughters, so the two sons would have to go first with no male heir for the daughters to get here; but there are those possibilities and several others here in that position.

[Baroness Hayter of Kentish Town]

There were several others but, as we know, the figure has gone down from four to one; that is why I said that, with one exception, they are all men. For most on the list, as we have already heard, we are talking about men; in a House of only 400 or 500 active Members, 91 places will always be held for men. That may not make others ashamed, but it makes me ashamed and I am not even one of the people who are here by virtue of my father, grandfather, great-grandfather, great-uncle or anyone else, noble though those people were in their own right. I did not come here having inherited that right through the attributes of some earlier generation. That is what those who stand in the way of this Bill are trying to retain. They are trying to preserve, with some exceptions, the right of sons of people whose attributes 100 or 200 years ago were notable to have a seat in Parliament.

I do not believe that is the right way for us to choose anyone. I do not believe Picasso’s child should be recognised as a top painter simply because their father was. I do not know whether the noble Baroness, Lady Bull, has children, but surely they should not be considered a top ballerina just because their mother was. Yet we think that legislators should be here by virtue of their fathers, grandfathers or earlier forebears. I am not embarrassed by this, but I am embarrassed for those who are here for that reason now—nothing in this Bill will alter the position of those here at the moment—that they should seek to preserve a system whereby, with some exceptions, the sons of people whose forebears were given a seat here should have it, and that they should try to continue this ludicrous system.

We in the Opposition say: this Bill has our support. What we are seeing is a filibuster to try to undermine, talk out and stop the Bill, which will alter something fundamental to our constitution. That is not good enough. It belittles this House, and I think it belittles the hereditaries who are here to vote for the continuation of this system.

[Lord Young of Cookham]

My Lords, perhaps I could intervene briefly at this stage to restate the Government’s position on the Bill. I begin by commending the noble Lord, Lord Grocott, on steering his Bill through the obstacle course in Committee and reaching Report, where there are still a number of hurdles in front of him. I say to the noble Lord, Lord Campbell-Savours, that I am a life Peer but a hereditary Baronet. I hope that does not confuse his rather binary approach to these issues.

It is clear that many noble Lords wish to see the end of the by-elections, but, despite the oratory of the noble Lord, Lord Grocott, he has not achieved total unanimity. A number of my noble friends, and in earlier exchanges some Cross-Benchers, believe that hereditary Peers should remain, in line with the commitment given at the time, until we have comprehensive reform. I pay tribute to the role that the hereditaries play in our proceedings, as they have a higher participation rate than us lifers.

As the Bill has proceeded through your Lordships’ House, the Government have not obstructed it, nor will we. On the contrary, my noble friend the Chief Whip has been exceptionally generous in the amount of time he has allocated to this Private Member’s Bill, in a field where there are many contenders. While we have some reservations about the Bill, our position is actually academic, as the chances of it reaching the statute book in this Session are, frankly, small, however many meaningful votes are held. The Government’s view is that our energies would be better spent in taking forward the recommendations of the Burns report, as mentioned by my noble friend Lord Elton, which I believe is a more effective way of getting our numbers down than abolishing the by-elections. The Prime Minister has assisted in this process by showing commendable restraint in her nominations to your Lordships’ House, which has caused a lot of distress among former Members of Parliament.

On this particular amendment, noble Lords will know that the House of Lords Appointment Commission was established in 2000 to make nominations for membership of your Lordships’ House to the Cross Benches. It is also responsible for vetting the propriety of all nominations to this House, including candidates for party-political membership. We believe that it does an excellent job and have no plans to make it statutory. As was said earlier, I do not think that amendment sits easily with the main purpose of the Bill. Having set out the Government’s position, I do not plan to intervene again, unless provoked beyond endurance.

[The Earl of Erroll]

My Lords, to avoid an unnecessary intervention by a politically appointed Peer, I am a hereditary Peer who believes firmly in a democratically elected Parliament in both Houses. I have absolutely no financial interest to declare as to whether the by-elections continue or not. There is no financial interest at all.

It is basically a failure of the democratic principle for the head of the Executive branch of the Government—in other words, the Prime Minister—to be able to influence the appointment of people to a part of the legislature that passes the laws that should be controlling him or her. That is the basic problem. The proposal of an appointments commission, when combined with Amendments 58, 59 and so on, goes some way to correcting that dangerous anomaly in our form of democratic government. It must be totally independent of the Executive, especially as many Members of the other place are Ministers—even more nowadays—and if they reduce the numbers there then the proportion will be even worse. It can be extremely difficult for them to know which hat they are wearing when they are passing legislation that will affect them. Are they legislators or members of the Executive? That concerns me.

I have always said that this House should be principally elected by the public. Many Members of another place agree with that principle; back in 1998, they held several votes on the subject and could not reach a decision on the question of appointed versus democratically elected. The real challenge is that the democrats want both Houses of Parliament to be elected but the Commons supremacists want this House to be appointed, because then they can take away its power as they are the ones with democratic authority, and this House will eventually lose its power over the years. The Prime Minister loses their power to reward people under both proposals, which is part of the problem.

Interestingly, the increase in the number of elections taking place now indicates that, were the Bill to pass, the hereditary Peers would die back to very few over a much shorter period than people seem to think. That would remove all incentive for what we were promised in 1999, which was further democratic reform of this House. All noble Lords who believe in the democratic principle should remember that, and therefore vote for something that does it. That is why the amendment is vital: it would give us an independent appointments commission that was totally outside any influence by the Executive of the Government.

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[Lord Rennard]

The noble Earl is well aware of our position in support of having a properly constituted appointments commission on a statutory basis, but that is not the purpose of the Bill. The purpose of the amendment seeking to put forward that idea, which we have long supported, is simply to prevent proper consideration of the abolition of hereditary Peers’ by-elections, which continue to bring the House into disrepute. Such interventions seeking to delay progress are further bringing the House into disrepute.

[The Earl of Erroll]

So how on earth does the noble Lord hope to get what he wants to achieve? He will not be able to sponsor a Bill to get it through. This is his only chance.

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[Lord Adonis]

I think Brenda from Bristol might be keen to take part in this election, because she currently has no say over any Member of this House. For the first time, Brenda from Bristol would have the opportunity to nominate and vote for somebody to sit alongside the noble Lord, Lord Forsyth. She would give thanks to the noble Lord, Lord Strathclyde, and to me for making it possible, because under the independent Appointments Commission that the noble Lord, Lord Strathclyde, is proposing, Brenda from Bristol might well be nominated, whereas she stands very little chance of Mrs May noticing her, which is the only way to get into this place at the moment.

[The Earl of Erroll]

If I may assist the noble Lord, funnily enough, a countrywide election could be handled online electronically. That would be quite an interesting prospect.

[Lord Adonis]

My Lords, the noble Earl is very much into these high-tech solutions. Being old-fashioned and believing that people vote by putting crosses on ballot papers, I do not necessarily go the full way with these revolutionary suggestions, but that might be possible.

I come back to the point about this issue being fundamental, not peripheral. I can tell your Lordships that this issue was considered when the reforms of 1999 were considered. I was in No. 10 when we considered it. The obvious vulnerability to which we were open when we removed the hereditary Peers was that we would be creating a wholly nominated House, and how could we justify the only source of nominations to that House being the Prime Minister? What we did was a classic English compromise. Remember that before the independent Appointments Commission came, the Cross-Benchers were nominated by the Prime Minister too. Let me tell your Lordships, if I may choose my words euphemistically, that the selection was not always uninfluenced by what line those nominees might take in your Lordships’ House on matters of state. Noble Lords might be scandalised by that idea—I can see scandal written on the face of the noble Lord, Lord Strathclyde—but I am afraid these considerations took place. That is why a compromise was reached whereby the independent Members would be appointed by the Appointments Commission, but it was too much for my then boss, Tony Blair, to agree that the party Members should be. There were very big debates about it, particularly about whether there should at least be a role for an independent commission in reviewing the bona fides of those nominated by the party leaders because, again, if I may choose my words euphemistically, sometimes—

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[Lord Strathclyde]

My Lords, I shall make one very short point: what the noble Lord, Lord Grocott, has misunderstood in all of this is that although I oppose this Bill, I am prepared to accept it in exchange for an appointments commission, which I think would be extremely sensible. With that, I finish my brief intervention.

[The Earl of Erroll]

My Lords, briefly, I think we should look at rejigging the balance between the parties represented here, because freezing the 1999 position is silly. I suspect that when we get to Amendment 9, that is the one I shall support. They are not grouped properly, but I pre-warn noble Lords that I think they are interesting and we should look at them.

[Lord Grocott]

My Lords, this is the fifth amendment of 61 that we have to consider. What has been happening is a complete abuse and I am shocked that the noble Lord, Lord Strathclyde, who has been here since he was very young and has held high office on many occasions, should be party to this filibuster. I am not going to waste the House’s time by responding to every amendment; I am simply going to recommend, as the sponsor of this Bill, that every single amendment is resisted. I appeal to the noble Lord, Lord Trefgarne: even at this stage we have an hour and a quarter left, which should be easily enough to dispose of these amendments, all of which wreck the Bill. He has the opportunity to wreck the Bill quite legitimately by voting against Third Reading after this stage. That is the proper way to do it: the noble Lord, Lord Strathclyde, will perhaps nod in assent to that. If you object to the Bill in principle, you vote against Third Reading. So, please, I appeal to him—for anyone who is watching to make sense of what is happening here—that he does not move the rest of his amendments and we get on with the next business.

--- Later in debate ---

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

My Lords, I should have advised the House, for which I apologise, that if Amendments 12, 13 and 14 are agreed to, I cannot call Amendments 15 to 31 due to pre-emption.

[The Earl of Erroll]

My Lords, I support Amendments 12, 32 and 33. Funnily enough, on the subject of the declaration of interests, this is one which would potentially remove me in the readjustment and rebalancing of the 90 hereditary Peers who stay here to try to ensure further democratic reform. I am quite happy for that to happen if it will move us forwards in getting a democratic House of Lords. This is where the noble Lord, Lord Adonis, was absolutely spot on.

There is one very useful thing in Amendment 32, which states:

“In exercising its functions, the Commission must ensure … overall party balance in the House of Lords reflects the share of vote secured by the main political parties at the general election”.


The share of the vote would be the number of votes cast overall, and would not reflect the number of MPs in the House of Commons—so you get your proportional representation at least somewhere in Parliament. I am sure the Liberal Democrats will be very pleased with that, because they have been gunning for it for years. That could be a good start and could indicate the way forwards for democracy when we finally start electing both Houses of Parliament.

[Lord Howard of Rising (Con)]

My Lords, I do not know why my noble friend Lord Trenchard was let off by the noble Lord, Lord Campbell-Savours, from declaring who or what he was, but he is obviously a favoured person. I am a life Peer; I do not know whether I should declare—or indeed whether it is too presumptuous to declare—that I am a kinsman of the Earl Marshal, the noble Duke, the Duke of Norfolk. We share the same name and the same coat of arms; I thought that perhaps for the sake of the noble Lord, Lord Campbell-Savours, I should just mention that.

--- Later in debate ---

[The Earl of Erroll]

My Lords, the noble Lord keeps banging on about how the hereditary Peers should not be here, it is appalling, and so on. At the previous general election, most MPs stood for parties which agreed that there should be further democratic reform of the Lords, and a Bill was tabled to do this in 2012—I think it proposed 80% elected. For some reason, it did not go all the way through the House of Commons, but there was basically a will to have democratic reform of the Lords, including in the noble Lord’s party. Why on earth he is now trying to act against his party’s manifesto and most MPs at the previous election, I am not sure.

[Lord Howard of Rising]

I wish to quote from that same 1968 debate—