House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
Lord Lucas Portrait Lord Lucas (Con)
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My Lords, when the noble Baroness comes to reply to this amendment, can she assure us that her new committee will look at the question that the noble Lord, Lord Newby, raised as to whether the House of Lords already has the powers to do this? As the Convenor of the Cross Benches said, we all agree to the terms of the Writ of Summons. There is a very strong argument that that inherently gives this House the power, through its Standing Orders, to achieve what this amendment sets out to achieve. It is clear that this question has never been settled or established. The noble Baroness’s committee would be an ideal forum to do that, and I very much hope that it will.

Lord Hacking Portrait Lord Hacking (Lab)
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My Lords, I am puzzled by the intervention just now by the noble Earl, Lord Attlee. For some time now, if a Member of this House has been posted abroad or for some other reason is unable to attend the House regularly, they apply for a leave of absence. It is as simple as that.

Lord Gove Portrait Lord Gove (Con)
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My Lords, I hesitate to rise in this debate and was not intending to, but since no other Member of this House has spoken in opposition to the amendment from the noble Earl, Lord Kinnoull, I shall do so very briefly.

I hesitate to do so because when I was Education Secretary, I introduced legislation to deal with persistent absentees, and therefore it might be thought that I was in sympathy with the intent behind this amendment. But one of the reasons why I am very cautious about seeing this amendment go further is this. It is based on a false premise that we hear often, which is that this House has too many Members and new schemes must be found somehow to identify those who should be expunged or removed at any point. If we look at the Division lists in the votes that we have just had, the numbers are lower than one would expect in some of the Divisions in the other place. The suggestion that there are too many Members can often be a means of trying to get rid of those Members whom the Executive or others, for whatever reason, ideologically or otherwise, find inconvenient—a stone in the shoe. We in this House should not be seeking to reduce the range of voices, to limit the number of Members or indeed, potentially, to forfeit expertise.

That takes me to my second point. Many of those Members of this House who will not be here for 10%, 11% or 12% of the time—or whatever arbitrary percentage figure we choose—will be people of eminence who will be occupied outside in deploying their expertise for the public good or who will have achieved eminence in a particular role. They may be, for example, former Prime Ministers. Would it be right if we found that, for example, Theresa May—the noble Baroness, Lady May —had attended this House for only 8% or 9% of Sittings in a given year and should somehow be expelled? That would be an outrage, but that is what would happen if we followed this arbitrary proposal.

That takes me to my third point. I know that this amendment comes from a place of courtesy and consideration and that the Cross Benches are anxious to ensure that this House can accommodate the request for reform that comes from the other place and from outside. That is why I am so cautious in pushing back. But, rather than seeking to bend the operation of our House to those who are not in sympathy with it, we should seek to ensure that it operates effectively in challenging faulty legislation and in making sure that expertise is deployed—not in attempting to regulate our numbers but in attempting to regulate the flow of legislation that comes from the other place which is faulty and which benefits from the expertise here. If we lose a single voice that is expert and authoritative in challenging that Executive, we undermine the case for this place. That is why, with the greatest respect, I oppose this amendment.