House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
Lord Verdirame Portrait Lord Verdirame (Non-Afl)
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My Lords, I will briefly respond to a point made by the noble Lord, Lord Newby. If we voted for this amendment now, it would probably apply from this Session, because of Section 2(6). We would probably have to amend that to ensure that it applied from the next Session.

Has the Leader of the House considered whether any change of the rule of non-attendance would necessarily require a legislative change? At the moment, that rule is provided for in statute.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I am very grateful to the noble Earl, Lord Kinnoull, for his amendment and the time that he has devoted to considering this issue, not just since our debates in Committee but over many years. It is an issue that has occupied his mind and those of many of his predecessors as Convenors of the Cross Benches—we heard from the noble and learned Lord, Lord Hope of Craighead, as well.

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Earl Attlee Portrait Earl Attlee (Con)
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This is the problem, though. When I was running an NGO in Africa, if I had taken a leave of absence and come back to the UK on R&R —some opportunity—but there was a debate about Rwanda, I would not have been able to take part.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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That is true, but it would have been open to my noble friend to make the decision that he felt was best in terms of how he could best serve his country: by continuing the work or by bringing that experience to the debates that were present before your Lordships’ House. This is why we have the leave of absence provision. Those who serve in the Diplomatic Service make use of it at the moment.

As I said in Committee, we understand the no-less-noble demands on the time of our colleagues who serve as husbands and wives, as parents and grandparents, and as carers—they help reflect the population we all serve—but the Government and the House are right to insist that we all take our duties here seriously and that we are seen to be doing so. We already have a minimum attendance requirement through Section 2 of the House of Lords Reform Act 2014. That, as the noble Earl, Lord Kinnoull, said, requires just one day of attendance per Session, which he and others have rightly argued is not really commensurate with the command that we have received from our sovereign.

That Act became law in 2014 thanks to a consensus and an initiative taken here in your Lordships’ House. Incidentally, the initiative was taken by a former leader of the Liberal Democrats, Lord Steel of Aikwood, who would, I think, be staggered to hear the argument advanced by the leader of the Liberal Democrats here today that he supports the principle but does not want to take this opportunity to make this change. If that is the pace of change favoured by the Liberal Democrats, it is no wonder that they have not finished the job they set out to do in 1911.

Under the 2014 Act, which your Lordships decided, 16 noble Lords have been removed for failing to clear the very low hurdle that it established. We do not criticise them; we know that some of them were seriously ill. Perhaps that Act helped them take a decision that it would have been rather painful for them to take more actively. However, it still leaves a large number of people who, in the words of the Government’s manifesto,

“do not play a proper role in our democracy”.

In Committee, the noble Lord, Lord Newby, reminded us that we are summoned here to give counsel not just on the topics on which we consider ourselves experts but on the certain arduous and urgent affairs that change throughout the course of a Parliament. Also in Committee, my noble friend Lord Bethell reminded us how the collective deliberative act of parleying that we all undertake here requires getting to know one another and establishing bonds of trust and understanding—not just turning up and disappearing into rival Division Lobbies. That is how we establish the consensus that the Leader of the House rightly wants us to achieve.

There is, I think, an emerging consensus in your Lordships’ House that the current attendance requirement of a single day per Session, without having to speak, vote or sit on a committee, is too low. Thanks to the spreadsheets compiled by the Library at the request of my noble friend Lord Blencathra, we know who we are talking about without having to name names or point fingers. We can proceed calmly and empirically. The Convenor of the Cross Benches is among those who have looked very closely at those numbers and been satisfied that a 10% requirement would not affect what he called in Committee the

“low-frequency, high-impact Members”—[Official Report, 12/3/25; col. 719.]

who bring sparing but specialist experience, particularly to the Cross Benches.

I have to say to my noble friend Lord Gove—sadly, he was not yet among us in Committee, so he missed my quoting “Evita” in citing the example of our noble friend Lord Lloyd-Webber—that I have much sympathy for what he says. Lord Lloyd-Webber was driven from your Lordships’ House and attacked for being a composer first and a politician second; as I said in Committee, I found it disappointing that he was not able to be here with us, when the pandemic hit, to give his experience on behalf of our performing arts, the West End and the theatres around the country that were facing plight. I must say, the 10% threshold that the Convenor of the Cross Benches has looked at would raise the bar slightly but would not prevent us having the expertise of people like Lord Lloyd-Webber joining us sparingly, but importantly, for our debates. I think that my noble friend Lord Gove will find that our noble friend Lady May of Maidenhead will clear that bar quite easily.

There are certainly some further questions that the House will need to address in future—for instance, how we turn attendance into more active participation so that we are not encouraging people to game the system by simply making speeches for the sake of appearing in Hansard, and so that people are not just turning up and reciting speeches written by lobby groups into the pages of the Official Report. We are all embarrassed by our colleagues from all corners of the House who turn up to lurk below the Bar for a few paltry minutes or skulk off after the first Division of the day—it would be a disgrace for us to expel hard-working Members from your Lordships’ House and not address that problem—but we can do this in bite-sized chunks, as the Leader of the House said.

There is no reason why proper consideration of those issues, whether through a Select Committee or future debates on the Floor of the House, should prevent us taking this initiative today, saying that we expect better and raising the bar a little higher. As the noble Lord, Lord Pannick, put it earlier, here is another mischief that we can rectify through this Bill. I think that this amendment, in the name of the noble Earl, Lord Kinnoull, would be a sensible and timely upgrade to the 2014 Act. We have seen that Act in operation for a decade now. We can strengthen it in the light of what we have seen over the past 11 years. It would provide the authority that the noble and learned Lord, Lord Hope of Craighead, says will be necessary if we are to make progress on this important issue. We can allow ourselves the time to consider other matters without delaying taking a step that would, I think, genuinely improve the standing and function of your Lordships’ House.

I do hope that the noble Earl will press his amendment when the debate is concluded and that we can all embrace this important, timely and modest improvement to the functions of your Lordships’ House.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I am grateful to the noble Earl, Lord Kinnoull, for raising this issue again today. I am grateful for the discussions that we have had on it and, indeed, for the discussions that we have had in your Lordships’ House on a number of occasions. My sense is that there is a lot of support—I have been encouraged by it—for a participation requirement, although I do not think that there is consensus on what the level should be. The noble Earl seems happy with 10% but, in our previous debates, a number of noble Lords have been against 10% and been concerned that attending once a fortnight, as it would turn to be, might cause ridicule to the House. I have to say, I do not know what the appropriate figure is, but it is right that we discuss it and look at what it could look like.

Noble Lords have raised a number of issues in this debate. The noble Lord, Lord Pannick, and others said, requiring attendance once in a Session does not really invite participation. There is an issue here: we all think that we know what we mean when we talk about participation and what levels are appropriate, but quantifying that is different. This is why I think that having a debate around one particular field—in this case, the figure of 10%—is very helpful.

The noble Lord, Lord Gove, said that it would reduce the range of voices. It does not reduce the range of voices if they are the voices of people who do not attend this House. I agree with the noble Lord, Lord Parkinson, that the noble Baroness, Lady May, would easily score on that point as well. We have to consider how best to address this issue.

The noble Lord, Lord Lucas, asked an important question about something that I raised last time— I just want to emphasise that. I have said a number of times that if the House can take responsibility for its own behaviour and actions then it should do so. As for what the House could do with its Standing Orders, that is not 100% clear. There are lots of things that we can do via Standing Orders and, where we can, we should take responsibility and do it. However, it would be appropriate for a Select Committee to look at participation/attendance and retirement in the round and to find an appropriate way forward, and at what needs legislation and what could be done prior to or without legislation. That would be a valid way to move forward and one that I could commit to.

The noble Lord, Lord Parkinson, is very keen to set a figure in stone and in statute. I am not keen to do that. I have gone round the houses a little on this and said it before, but this Bill is before the House as it is because the principle of this was discussed 25 years ago, and the Bill completes that part of the reform. On attendance and participation, particularly the areas that have been discussed, there is consensus that something should be done, but I have not seen consensus around the House on a particular number. It would be worthwhile for Members across the House to look at this and see how it could be done. It may be that 10% is the appropriate figure, but we have not said what it should be for participation. That is something which the House needs to look at. How do we do it? Should it be in statute?

The noble Lord, Lord Newby, raised what might happen at the other end. If we sent an amendment to the other place saying that we want 10% attendance, those in the other place who attend a lot more regularly might think that 10% was difficult to justify and might have other views on it.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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The other place did pass the 2014 Act, which requires us to turn up only once per Session.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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That was a long time ago. I do not think that it anticipated that people would turn up just once per Session.

Despite the inventive proposal from the noble Lord, Lord True, to have Peers who do not have to attend at all, as the Prime Minister stated recently—the Opposition have said something similar—our expectation is that Members of this House want to play a role in this House, participate in our activities and engage, as the noble Lord said, with other Members. It is not just about sitting here listening to other people debating but about playing a full role. The point about expertise is an important one, though we are not all here just for our expertise, as we do not have an expert on every single issue. We are here for the judgment we bring, having listened to debates.

The timescale for a committee of the House to look at these issues is important. If we let the momentum drop when so many noble Lords are keen to progress on this, we would be failing in our duty. I anticipate setting up such a committee very soon after Royal Assent, to look at these issues in the round and make proposals for your Lordships’ House to consider, and to consider whether we can move more quickly on things that can be done without or prior to legislation.

I assure the noble Earl that I am very keen that we make progress and deal with these issues as quickly as possible. I hope that reassures him that I have no intention of putting this issue on the back burner. All the points that he has raised are entirely valid. It is not just the reputation of the House we are concerned about but the value of the work that we do. It is impossible to do that work if somebody turns up only occasionally, possibly just to vote or to be here for only one amendment. If we are dealing with legislation, they probably should see that legislation through in its entirety, as a number of noble Lords do.

I am grateful to the noble Earl for raising this and hope that it is a view that he will put to the committee when it discusses these issues. I respectfully ask that he withdraw his amendment.