House of Lords (Hereditary Peers) Bill

Lord Hamilton of Epsom Excerpts

Committee stage
Monday 3rd March 2025 Lords Chamber

As for the practical barriers which a number of noble Lords have set out, including my noble friends who set out these inventive amendments, more work would be needed on those. However, I am grateful to my noble friends and to all noble Lords who have spoken, and I look forward to seeing what the Lord Privy Seal has to say about them.

[Lord Hamilton of Epsom (Con)]

Does my noble friend not feel that there is a problem in that if these people are elected by a separate mandate, they will feel they have greater legitimacy than other appointed Members of this House and not adhere to the conventions of the House?

[Lord Parkinson of Whitley Bay (Con)]

Certainly, the question of conflicting mandates will be uppermost in our minds when we debate the later group about a wholly elected House. If we introduce an element of election, particularly a proportional election, there will certainly be those who favour different voting systems that say one method of election is greater than another, but that is a debate for a later group.

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[Lord Grocott (Lab)]

My Lords, as soon as I knew that Labour had won the general election and was preparing its legislative programme, I knew that it would include the removal of the 92 hereditary Peers, and I knew with stone cold certainty that the noble Lord, Lord True, would introduce an amendment to, in effect, put into law the Bill that he had so consistently and passionately opposed over a long period of time.

One welcomes a sinner who repenteth but, of course, circumstances have changed since I last introduced my Bill. I should perhaps explain to Members who have recently arrived that it was then simply a Bill to end the ridiculous, ludicrous, absurd and indefensible by-elections. I first introduced a Bill to do that nine years ago, although I had raised it in the Commons 31 years ago—so I am at least not a Johnny-come-lately on this issue.

What has changed since I first introduced the Bill in the Lords? Since then, 27 Peers of a new generation have arrived. Had there been no by-elections, there would have been just 34 Peers, who were first elected in 1999. They were not a particularly representative group, I have to say. We have heard quite a bit about the variety of people who come in via the by-elections. What has not been mentioned yet but will be many times, I am sure, in the days to come is that they did not include any women. It has gone backwards. In the first cohort of 1992 there were five women; but, according to the electorates that would, by various mechanisms, bring new people in, that was five too many.

Now, 100% are men, and they have particular characteristics. I mention this only as a matter of observation. Something like half went to Eton; I know some 20 of our Prime Ministers went to Eton, but there is at least the argument that they are not entirely a good cross-section of the electorate.

We have heard a lot about the “cruelty” of removing people from Parliament. I have some experience of this. I was removed from Parliament; as I recall, it was around 3 am. There was no debate or discussion about it. In fact, people were very excited about it; many were cheering in the hall as I was dismissed. To those who expect a tearful farewell, I say: this is what happens. It is called democracy.

I know this place is not democratically elected but neither, in my view, should it be a place where people, irrespective of how much they do or the contribution they make, can expect to be here for ever. I say that particularly—

[Lord Hamilton of Epsom (Con)]

Is the noble Lord going to put forward an argument for an elected House then?

[Lord Grocott (Lab)]

The noble Lord, Lord Hamilton, knows well enough that I am not always in tune with my party. No, I am opposed to a directly elected House. The House that I was most proud to be a Member of—it may offend some people here—was the House of Commons. The one thing I did not want—

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[Lord Hamilton of Epsom (Con)]

My Lords, I was not really intending to address this amendment but I find that the speech from the noble Lord, Lord Grocott, rather provoked me. He is slightly suggesting to everybody that if we had passed his Bill and taken up his suggestion, we would now be left with 35 hereditaries who would be here as life Peers until they eventually retired. What he rather overlooks—and I suspect he knows it—is that they would be the oldest hereditaries that we now have and, by their very nature, the least active. In this debate the noble Earl, Lord Kinnoull, the Convenor of the Cross Benches, has said that a number of his older hereditaries are prepared to retire and my noble friend Lord True made the same point about the Conservative Benches. They are the ones who will go anyway.

House of Lords (Hereditary Peers) Bill

Lord Hamilton of Epsom Excerpts

2nd reading
Wednesday 11th December 2024 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I think the Bill, which is a bit odd, must have been drafted by somebody who had just read Animal Farm. For some reason your Lordship’s House has been divided between life Peers, who are good, and hereditary Peers, who are bad. This whole concept was elaborated on by the noble and learned Lord, Lord Falconer, who seemed to think that it is better that we lifers are appointed by the Prime Minister than that the hereditaries are elected.

The noble Lord, Lord Grocott, whenever he pushed his Bills—which he constantly did—tried to persuade us that it was derisory that in some cases there were so few hereditary Peers electing other hereditaries. The product of that is the noble Viscount, Lord Stansgate, who, let us face it, was elected by probably three Labour hereditary Peers. The noble Lord, Lord Grocott, thought that that was ridiculous, but I say to him that at least the noble Viscount, Lord Stansgate, was elected. The noble Lord, Lord Grocott, was not elected, I was not elected, and neither was the noble and learned Lord, Lord Falconer. We were all appointed. Is there something superior about appointed Peers over elected hereditary Peers? I think not; I think the reverse is true.

I will take your Lordships back to one or two people who have been life Peers. Life Peers were first brought into this House in 1958 and there was a bunch of them. Probably the most memorable name among the life Peers brought into the House at that stage was Lord Boothby. Lord Boothby’s claim to fame was that he had slept with the Prime Minister’s wife. That completely kiboshed the advice I used to give to people who wanted to be life Peers in this place. I would say to them, “Whatever else you do, make sure you don’t sleep with the Prime Minister’s wife”.

Lord Boothby was rather more exotic than just that. He was photographed enjoying a drink in a Soho club with the Kray twins. Most of your Lordships are too young to remember anything about the Kray twins, but they were a very sinister couple of mobsters who were the nearest thing we had to the mafia in this country. They ran a protection racket that was absolutely ruthless. They tortured large numbers of people, and one of them was so psychotic that he rather enjoyed doing it. It took some time for the legal authorities to catch up with the Kray twins, but they eventually ended up in prison, and I think both of them died there.

Lord Boothby was lucky because he did not end up in prison, but on the other hand Lord Kagan did. Lord Kagan, if you remember, was Harold Wilson’s favourite businessman; he set up a business to produce Gannex macintoshes and actually gave one to the Prime Minister. The noble Lord, Lord Alli, should take note of that, because he follows in the great tradition of stocking the wardrobes of Labour Prime Ministers. Lord Kagan eventually was released from prison. He used to come to your Lordships’ House to lecture people on prison reform, on which he regarded himself by that stage as something of an expert. We then have our colleague Lord Archer of Weston-super-Mare, who spent time in prison as well.

I point this out because, quite clearly, it is wrong to say that all life Peers are criminal convicts, as only a very small number are, but the damage that one or two do to your Lordships’ House is very great. People outside find it extremely difficult to understand why people who are supposed to be writing the laws cannot uphold them themselves and are actually outside the law. So when we say that hereditary Peers are bad and life Peers are good, that does not apply in every case of life Peers by a very long way.

A lot of the expertise that has been gained by some of the younger Members, particularly on the Conservative Front Bench while in government, is very valuable when it comes to holding the Government to account in forthcoming years. If we want to get rid of all that expertise, as would happen with this Bill, so be it, but that seems to be an extremely negative way of planning the future of this House and holding the Government to account. We will be looking at this Bill with very great intensity. I have a number of amendments that I would like to put down, because I think that this is a very facile Bill that needs exploring in great depth.

Business of the House

Lord Hamilton of Epsom Excerpts

Thursday 25th July 2024 Lords Chamber

[Lord Grocott (Lab)]

My Lords, I never quite thought this day would come. We have had endless Private Members’ Bills and numerous discussions on the Floor of the House, and now we have recognition, which I am delighted about, from the usual channels that to hold two further hereditary Peers’ by-elections at a time when Parliament was considering ending such elections would make us even more of a laughing stock than these by-elections do in any case.

I have to say it slowly: this almost certainly means the end of hereditary Peers’ by-elections. That is wonderful as far as I am concerned. It means an end to the clerk having to moonlight as a returning officer; it means an end to me having to give observations on the political significance of a particular by-election as and when it is declared; and of course it means that I shall not fulfil my ambition, which was to become the House’s equivalent of Professor Sir John Curtice in relation to by-elections. I should say as well, just as a general observation, that it means an end to elections that are men-only elections and an end to elections such as one where there was an electorate of three and six candidates—unknown in the western, eastern, northern or southern world, as far as I know.

So the time has come at last, in a puff of smoke on a damp Thursday morning, when these wretched by-elections will come to a conclusion. I simply say to the noble Lord, Lord Moylan: know when it is over.

[Lord Hamilton of Epsom (Con)]

My Lords, I agree with the noble Lord, Lord Grocott, that hereditary by-elections are probably now coming to an end. That does not stop this move being illegal; it is against the set-down rules, which is rather strange from a party whose leader was Director of Public Prosecutions and was dedicated to obeying the rule of law. The problem, of course, is that none of us in this House is legitimate; we are all appointed by one body or individual or another, and the only people who are elected by anybody are the hereditaries—so, in many ways, they have a superior right to be here than we do.

[Lord Strathclyde (Con)]

My Lords, this is obviously a very notable victory for the noble Lord, Lord Grocott, for the noble Baroness, Lady Smith, and for the Labour Party. I pay tribute to all those who have been elected in the by-elections over the past few years. There are an excellent number on our party Benches, on the Cross Benches and right across the House, and I think these by-elections will be much missed. But I support my noble friend Lord Howe and I think he has done the right thing. It will be for history to decide in the future on the contribution of these by-elections—but I think history will note that perhaps it was better to have the Peers voting for one of their own rather than just being ticked in the box by the Prime Minister.

[Baroness Smith of Basildon (Lab)]

My Lords, sometimes all that is at stake is to do the right thing by your Lordships’ House. Many noble Lords approached me, the Leader of the Opposition and indeed the Convenor to say that they did not feel that this was the right time to hold such by-elections. If that is the will of the House, that is what the House should seek to do.

On a point about the rule of law, can I just correct noble Lords? I am not a lawyer and I do not know whether the noble Lords, Lord Moylan or Lord Hamilton, are, but my understanding of the law is that the House of Lords Act 1999 and the House of Lords Reform Act 2014 both stipulated that by-elections should take place. They did not say how they would take place; that was a matter for the Standing Orders of your Lordships’ House. So in no way does the proposal before your Lordships’ House on the Standing Orders breach legislation. Previously, under Covid, we suspended the Standing Orders; in this case we are seeking merely to amend them for a limited time period to allow the House to debate the legislation that it has before us.

Other comments will be made as we go forward on the legislation itself. I do not think that any Member of this House has anything other than respect for all Members of the House, by whichever method they arrived here—but what we are seeking today is to have a common-sense approach within the law to deal with the by-elections. The one regret I have is that I will not get to listen to my noble friend Lord Grocott quite so often.

[Lord Hamilton of Epsom (Con)]

Could the noble Baroness tell me whether life peerages have been offered through the usual channels to oil this deal?

[Baroness Smith of Basildon (Lab)]

I have to say, my Lords, that I have found it quite extraordinary that throughout the King’s Speech debate Members of the party opposite, often from the Front Bench, have thought that this issue was the most important issue for them. Could I suggest to the noble Lord that he waits and has a little bit of patience, because we will have a Bill and we can debate all the issues then?