(10 months, 3 weeks ago)
Lords ChamberMy Lords, I thank all noble Lords who spoke during the Second Reading debate. It was one of the most positive debates I have ever taken part in in this place. Since the Bill has attracted no amendment and was debated only last week, I will not take up too much of the House’s time today. As I said in the debate, the Bill has a simple aim. It is designed to remove a legal barrier that prevents Roman Catholics holding the office of Lord High Commissioner. The upcoming appointment of Lady Elish Angiolini as the first Roman Catholic Lord High Commissioner would have been blocked by historic legislation if it were not for this Bill. Her appointment is a strong gesture of good faith, co-operation and togetherness between the Church of Scotland and the Catholic Church in Scotland, building on the St Margaret declaration signed in Dunfermline Abbey in 2022.
At Second Reading we heard many powerful speeches from across the whole House, and the impact of those comments really go beyond this Bill. Your Lordships spoke powerfully about the symbolic significance this appointment will demonstrate, not just to two different denominations of Christianity but across society. The values of tolerance, respect and dignity were the running theme of last week’s debate—values symbolised by this appointment. Lady Elish is an accomplished public servant. Your Lordships and Members of the other place have spoken highly of her career and achievements and have warmly welcomed her to her role, and I wholeheartedly agree. There is only one obstacle that prevents her taking up the role, and that is an archaic legal restriction. By passing this Bill removing the restriction, the House can give its support to Lady Elish with our best wishes for her tenure as Lord High Commissioner.
Finally, I express my thanks to all those who have been involved in preparing and passing this Bill. In particular, I thank the Scottish Government, the Church of Scotland and Lady Elish herself. I thank the usual channels and Members on the Front Bench opposite for supporting and facilitating the accelerated timetable for the Bill. I also thank the Bill team from the Cabinet Office and the constitution division for their work in bringing the legislation forward. It is a practical step to remove a relic of a past age that has no place in today’s society. In that spirit, I beg to move.
My Lords, I thank the Minister for the way she has piloted the Bill. I confirm what she said: the unanimity in the House at Second Reading was moving. There was very broad and deep support for the Bill and for this enlightened appointment by His Majesty the King. This House bears great good will towards Lady Elish as she takes on this appointment. We on this side thank the Minister and all those involved behind the scenes in preparing the Bill, and we wish it godspeed.
My Lords, I also thank the Leader of the House, and I echo what the noble Lord, Lord True, said about the debate we had last week. It was quite remarkable, for two reasons. First, there was a historic stain that we wanted to remove. Secondly, we had confidence in the ability of Lady Elish to fulfil the role proposed for her.
I also give thanks to those in the Bill team; I would not say it has been done at breakneck speed, but it had to be done very quickly to meet the deadline of the General Assembly in May. I know that the work done by the Chancellor of the Duchy of Lancaster has been very much appreciated, so I add my thanks—not least to the noble Baroness—that we have managed to get this legislation through. I look forward to seeing Lady Elish at the General Assembly on 17 May.
(10 months, 3 weeks ago)
Lords ChamberMy Lords, I am very grateful to the noble Baroness the Leader of the House for introducing the Bill. As she says, it is a simple and straightforward Bill which will enable a most distinguished Scottish lawyer, Lady Elish Angiolini, to take up her appointment as His Majesty the King’s Lord High Commissioner to the General Assembly of the Church of Scotland. I can assure the House that it has the full support of His Majesty’s Opposition and we were very grateful to be able to consent to accelerated consideration through the usual channels.
As my honourable friend the Member for West Aberdeenshire and Kincardine said in another place, this Bill is an important step towards full equality for Roman Catholics under British law. There is in fact a long Conservative tradition of supporting Catholic emancipation, which the noble Baroness alluded to. In fact, the first Duke of Wellington risked the future of his own Government to secure the passage of the Catholic Relief Act in 1829, which granted Roman Catholics the right to take up positions of trust and responsibility in public life. There were some objections from some quarters in Scotland at the time, which might be why we are here today. The passage of that 1829 Act led Britain out of shameful centuries of penal laws against Roman Catholics. The Bill before us today shows how far we have come since 1829.
I remember it was Sir Keir Starmer who in 2002 wrote an important article calling for an end to another disqualification of Roman Catholics—of people who married Catholics from succession to the Crown. It was good that the coalition Government took that up and passed the Succession to the Crown Act 2013, which ended that disqualification of Roman Catholics. We are always ready to support Sir Keir in good ideas and the attempt to reduce any element of discrimination in public life has universal support. I hope we can continue to foster greater acceptance and a stronger tradition of ecumenism for the future. This Bill achieves that. We are absolutely united across this House in opposition to discrimination. In government, we worked to foster stronger relationships between all communities, whatever differences of religion they may have had, and we will work with Ministers in this Government to continue that work, as we are doing today.
As the noble Baroness said, the Lord High Commissioner to the General Assembly of the Church of Scotland is one of the most significant roles in Scottish public life. Our sovereign has appointed Lord High Commissioners as representatives since 1690, for only rarely have sovereigns attended the General Assembly in person. The King is not the head of the Church of Scotland, so the Lord High Commissioner is a representative to the General Assembly, not a member of the Assembly itself, and it is therefore not a requirement for them to be a Presbyterian or a member of the Church of Scotland.
Lady Elish Angiolini has an impeccable record of public service, having served as Scotland’s first female Lord Advocate, and she has had a distinguished legal and academic career. We on this side also welcome her appointment. Indeed, the decision to appoint Lady Elish, the first Roman Catholic to receive the King’s commission to be his representative to the General Assembly, is a momentous one. As the noble Baroness rightly said, it builds on the St Margaret Declaration of November 2022, in which the Church of Scotland made:
“An historic declaration of friendship between the Church of Scotland and the Catholic Church in Scotland”.
We welcome this continued commitment to friendship between those two great Churches.
Before I conclude, I note that the Government say they are looking also to make changes to other, similar areas of law. In her letter to all Peers of 5 March 2025, the noble Baroness the Lord Privy Seal wrote that the Government were considering how to address historic restrictions on Roman Catholics and Jews advising the Crown on appointments in the Anglican Church. Perhaps she will take this opportunity, either now or in a letter, to set out in further detail what is intended. It might be helpful to know when the Government intend to bring such proposals forward, which I am inclined to think that we on this side would want to support.
In conclusion, we wholeheartedly support the Bill. We wish to see it pass swiftly through your Lordships’ House ahead of the next meeting of the General Assembly of the Church of Scotland in May this year, as the noble Baroness told us. We have absolutely no doubt that Lady Elish Angiolini will fulfil her duties assiduously and we wish her well as she prepares to take up her important role as Lord High Commissioner.
(11 months ago)
Lords ChamberMy Lords, beneath the wide-ranging and sometimes unfocused discussion we have had on these amendments, there is a degree of limited consensus that we should build on. The amendment of the noble Lord, Lord Cromwell, shows us the way we should go. I hope that between Committee and Report, we will have a number of discussions, off the Floor, about where we go from here that will build on that limited consensus. I hope that the Government will consider accepting a limited number of amendments, which would show us the direction in which we go further, as well as committing to make some clear statements about how they would see further developments.
On the questions of attendance, participation and retirement, I agree strongly with my noble friend Lord Newby that some of this can be done through Standing Orders and agreements of the House and does not require legislation. That is part of the way that we may go forward.
I suggest that we all know pretty well what we mean by a minimum level of attendance and participation, and can name quietly, but we will not, some of the people who fail to fulfil it. I recall some years ago being invited to an office in the City of London to brief the CEO of a rather major operation on how to make a maiden speech. He had been a Member of the House for almost a year and I do not think that he had attended more than two or three times. He did not understand the House and he felt that he ought to make a maiden speech. That is clearly below the level of attendance and commitment.
This is a Parliament in which we are supposed to parley with each other—to exchange ideas, to listen and to learn. I have learned a lot through taking part in Bill Committees. I look at the noble Lord, Lord Vaux of Harrowden, and I remember the Procurement Bill, which we worked through in the previous Session. It was not my area of expertise, but I learned a great deal from him and from a number of other participants. We are here to examine in detail proposals that the Government make and to discuss difficult issues that the Government sometimes do not want to grapple with. That requires a minimum level of attendance and interaction between us. That is part of what we are here for.
Having said that, I hope that we will now be able in the rest of this evening to get through several more amendments, much more rapidly. I hope that the Government will think about what assurances they need to give us in order that we can make greater speed on Report. We should never forget that how this House is seen from the outside is something that we all need to be conscious of. The size of our House and those who come in for just 20 minutes and go out again are an embarrassment, and are picked up by the media. Honours and obligations need to be balanced. A later amendment suggests that we should be moving towards separating honours from the obligation to attend and participate, but these are all questions for the longer term. Dividing what we think this Bill can achieve from what we need to commit ourselves to discuss for the future is part of what we need to discuss between Committee and Report. I hope that this amendment will be withdrawn, but we should bear in mind that the noble Lord, Lord Cromwell, is offering us a very useful way forward.
My Lords, I am grateful to all those who have spoken—sorry, I am forgetting that I am not a Minister anymore; that is what the noble Baroness says. This debate has generally conformed to the good-natured debates that we have been having. I am very grateful to the Front Bench opposite and to others that that has been the case.
If I may say so, I was disappointed by the intervention by the noble Lord, Lord Grocott, which slightly changed the atmosphere for a time. The noble Lord and I were good comrades, he will recall, in the Brexit years, when he and I were among the very few people in the House who thought that we should do what the British people had voted for. There were times then when I felt, and I am sure he felt very often, that the House did not really want to hear from us again on the subject. I beg him to understand that we are facing a situation where many of our colleagues are threatened with leaving this House, and it does not help if they are told that they should not be heard from again. We will never be able to hear from them again. I have to say that the noble Lord has never been known not to repeat arguments on the House of Lords that he has put before—I have heard them many times. I shall break the rules of the House and say, “Come on, Bruce, let’s put our smiles on again”.
This has been a good debate. Again, many noble Lords have said, quite correctly—the noble Lord, Lord Wallace of Saltaire, made this point in a measured and sensible way—that it is important that we should understand the direction the Government are going in, and it is perfectly legitimate that House of Lords, faced with a Bill to reform and change the House of Lords, should express views about the future of the House of Lords. Let us recall that this question of participation is not a subject that has been dreamt up by some deviant Back-Bencher to put before your Lordships’ House; it was put before us in the Labour manifesto, so of course we should look at it.
When I hear these debates, it seems there is a widespread feeling in our House that there is a strong case in equity, and in the interests of the whole House, for finding some way towards a transition that allows many of the best of us who are threatened with expulsion to remain. I also believe there is an equally widespread feeling across the House that we should not continue to protect those who never come here, while working to throw out people who do contribute.
The question on participation is, how do we define it? It goes far further than attendance, and this debate has illustrated that. The Government surely must have had a view on this when they put the Bill in the manifesto, but there are many ways in which we can measure participation, and these have been brought out in the debate. I could cite those who serve as Government and Opposition spokesmen, Deputy Speakers or indeed Convenors of the Cross Benches—they are vital to the operation and functioning of your Lordships’ House. Hereditary Peers currently make up 27% of our Opposition Front Bench, 21% of Deputy Speakers and 100% of the Convenors of your Lordships’ Cross Benches. I say these things because I believe that noble Lords who are already with us—all of us, not just the hereditary Peers—should be judged, if we are to be judged at all, on our participation and contribution to your Lordships’ House, and not on any of our identities or characteristics.
I acknowledge how difficult it is, potentially, to define participation, and this has come out in the debate. There are many ways that noble Lords contribute to the House, and my noble friend Lord Blencathra, in his repeated brilliant speeches, keeps bringing up so many of them. Noble Lords can make legislation, propose amendments to Bills, participate in Divisions, ask Oral and Written Questions, contribute to committees, participate in debates, serve as Opposition spokesmen and even take part in international work, as my noble friend pointed out. They can also make use of their expertise and experience—as have several noble Lords who have spoken in this debate—to contribute in myriad ways to the work of this House and the progress of our nation behind the scenes. The noble Earl, Lord Erroll, and my noble friend Lord Attlee spoke to those points eloquently. One Peer, who was recently attacked in the media for not speaking enough, has been a diligent, active and hugely valued member of your Lordships’ committees for decades.
My noble friend Lord Lucas focused on a broad definition of committee work in his Amendment 40. This is extended to participation in all Bill stages, Questions and Statements by my noble friend Lord Hailsham’s Amendment 42, but as I and this debate have illustrated, the participation net could be cast even wider. My noble friend Lord Blencathra suggested a practical solution in his Amendment 26, which sets out some initial suggestions but would otherwise allow for a participation requirement to be determined flexibly through Standing Orders and a committee of the House.
I will come to the amendment from the noble Lord, Lord Cromwell, in a moment, but the more we can do in this House—this is no disrespect to the Minister; I would have said it of my own Government—and the less we can leave to Secretaries of State in the House of Commons, the happier I will be. There is great wisdom in this House, and the more we can reach solutions here through the kind of consultations the Minister is initiating, the better.
In his Amendment 63, the noble Lord, Lord Cromwell, has not sought to pre-empt the definition of “participation” or, in fact, the level at which it would be required. But he proposed a structure to make and implement decisions that would need to be made. Given the broad range of views that we have discussed today and our need to reach consensus, while avoiding any unintended consequences, I—like the noble Lord, Lord Wallace of Saltaire—consider the content of the suggestion of the noble Lord, Lord Cromwell, to be a sensible basis for progress. However, I repeat that I agree with the noble Lord, Lord Newby, and my noble friend Lord Blencathra that it would best to keep the House of Commons out of it as far as we can.
(11 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Grocott, and I both grew up in the post-war era. When I sat in front of our coal fire as a little boy, I used to love pulling at the threads of my woolly jumper and holes appeared elsewhere. My mother, who had knitted it, was furious and pointed to those holes. So it is with this Bill that would create an all-appointed House; holes appear elsewhere, and it is perfectly reasonable for your Lordships’ House, which is uniquely affected, to address some of the consequences.
The noble Lord, Lord Newby, in advocating work on a democratisation of the House—he is doing just this thing—follows a position long taken by his party. The preamble to the Parliament Act was referred to, which said that the House of Lords should be supplanted by a House constituted on a popular, instead of a hereditary, basis. It so happened that Asquith and Lloyd George, who believed in strong government, were not that keen on PR. In fact, Lloyd George, famously told CP Scott that PR was
“a device for defeating democracy, the principle of which was that the majority should rule, and for bringing faddists of all kinds into parliament and establishing groups and disintegrating parties”.
That was a wise man. Probably the father of the noble Lord, Lord Newby, did not know Lloyd George.
Asquith’s Government did not take democratisation forward, although, as the noble Lord said, Sir Nick Clegg and my noble friend Lord Cameron did go for reform in 2010. At the time, the Liberal Democrats saw that as part of a programme to entrench a Lib Dem hold on future Governments, with a PR wedge in both Houses. That did not succeed, but that potential Lib Dem lock is probably why many here, on both sides, would regard a Lords elected by PR as a less than enticing prospect.
However, beyond the principled arguments we have heard in this debate, put forward by the noble Lord, Lord Newby—and it is a legitimate, principled argument—and by others, such as the noble Baroness, Lady Smith of Llanfaes, there are two reasons why calls for democratisation might intensify after this Bill. They may appear to be in contradistinction, but they could interlock.
The first is potential overreach by an unelected Chamber. I remember that, when most hereditary Peers left in 1999, the then Leader of this House, the noble Baroness, Lady Jay of Paddington, declared that the new House, stripped of most hereditary Peers, would be “more legitimate”. Will the new House created by this Bill, freed of the drag anchor of so-called illegitimate hereditary Peers, be more assertive? Will it view itself as the rather more expert House, one with more wisdom and authority than an inexperienced House of Commons, where 335 Members are new and only one in 10 was a Member more than 15 years ago? I sincerely hope not.
Will the new House be more confident in pressing its arguments? In the absence of sensible working arrangements such as I have suggested, that is possible. Indeed, the current campaign in the Guardian shows what is already being said about the legitimacy of the unelected House, life Peers and hereditary Peers alike. Faced with challenge, an elected Government might see merit in pressing forward with reform. Which takes one to a second, very plausible scenario, where successive Governments, copying the precedent created by this Bill, simply tear groups of Peers out of your Lordships’ House to adjust numbers here to their party-political convenience.
I have spoken about this before. When I did, the noble Lord, Lord Newby, challenged me to say what other groups might be taken out of the House. I cited an example of Peers who have served for over 15 years, term limits being a very popular proposal for Lords reform. I checked what the effects would be if term limits came in in 2029 without grandfather rights, as this Bill plans for hereditary Peers. Removing in 2029 all Peers who have served over 15 years and denying them grandfather rights would deliver the Conservatives a significant net gain of nearly 70 over the Opposition parties and some 190 against all groups in the House. It would remove 59 Liberal Democrat Peers, which is throwing out more than 75% of them. What about that as a prospect? Before anyone says “threat”, it is not threat but fact. There are really grave dangers and deep unfairnesses in this game of “remove a chunk of Peers here and there”, and they are redoubled if grandfather rights are denied. I do not think that any unelected House could long survive such manipulation. The calls to allow the public, rather than the Government, to choose political Members of the House would inevitably grow. So, like it or not, the debate about democratisation posed by the noble Lord, Lord Newby, will not be shooed away simply by removing hereditary Peers.
After the 1999 Act and the challenge to us on a stage 2 House, my party, as my noble friend Lord Strathclyde reminded us, came forward in 2002 with an idea for an elected Senate of 300 members, with 60 seats reserved for unelected Cross Benchers to damp the electoral mandate. Our manifestos in 2005 and 2010 maintained that, and we sought to put it into action in the coalition Government. As we have heard, that attempt was frustrated, but what is the Labour position? It is the party in power. It is the party proposing, in its manifesto, replacing your Lordships’ House. The gracious Speech for the 1998-99 Session said that the 1999 Act would be
“the first stage in a process of reform to make the House of Lords more democratic and representative”.
Labour’s 2001 manifesto pledged a “more representative and democratic” House. Sounds familiar: is that not the line that we keep hearing spun by the party opposite on this Bill and this package of reforms? I did not believe it then, I am sceptical now and I think that the noble Lord, Lord Newby, has every right to ask for the kind of work that he is proposing. So I must ask how the Minister will respond—I hope that she will.
After succeeding Tony Blair, whose party had been publicly advocating for a democratic second House for years—and then voted against any element of election at all in 2003—Gordon Brown tried to revive Labour’s idea of a representative House. In Labour’s 2009 Bill, he looked to end the entry of new hereditary Peers, but he included grandfather rights: a provision that all existing Peers should stay. It was a different Labour Party then, perhaps. Instead of backing plans for election put forward by the coalition, however, Labour allied with rebels in the Commons to frustrate progress. Given the track record of the party opposite, I am a little sceptical as to the future. Will the Minister set out her plans in detail when she responds? If not, can she place a letter in the Library of the House?
The absence of a stage 2 destination overshadows the whole debate on the Bill and provokes many of the questions being asked. When Sir Keir Starmer became leader in 2020, he pledged the abolition of this House in his first term in office and the creation of a new elected Chamber. He was ecstatic when Gordon Brown’s commission reported in December 2022, acclaiming the idea of a new assembly of the nations and regions and, as he put it, rebuilding trust by
“replacing the unelected House of Lords with a new, smaller, democratically elected second chamber”.
Yet Labour’s 2024 manifesto merely said that
“Labour is committed to replacing the House of Lords with an alternative second chamber that is more representative of the regions and nations”.
The word “democracy” was not there. Where in the long grass is it now?
In conclusion, I will ask the Minister some specific questions. Can she confirm whether Labour’s alternative second Chamber will be wholly or partly elected by the people? The manifesto said there would be a public consultation on this Chamber, but you cannot have a meaningful consultation without a proposition on which to consult. When will consultation start? My noble friend Lord Blencathra asked for one form of consultation: a referendum on an elected House of Lords. Does the noble Baroness leave the door open to such a referendum?
Can the Minister tell us whether the Government will publish a White Paper, or any other guidance, to inform your Lordships as we move towards Report? As my noble friend Lord Moylan said, what is the current timetable envisaged for replacing your Lordships, as the manifesto pledged? It is causing concern and confusion on all sides. Will the Minister, who is Leader of the whole House—a responsibility she carries out, in my judgment, with a high sense of responsibility—set out a clear direction as to the Chamber that will replace us before we come to Report?
My Lords, I am grateful for what has been a long and interesting discussion; I thank the noble Lords, Lord Newby and Lord Blencathra, and others, for giving us the opportunity to have it. As with most debates we have had on the Bill, it has gone rather wider than the precise amendments in front of us. The noble Lord referred to some of the things he mentioned at Second Reading, the King’s Speech and other debates. I welcome that there is a focus on other issues beyond the Bill, but that is not what is before us now. However, they are all worthy of longer-term consideration.
The amendments in this group raise the introduction a democratic element to the House. Amendment 11, tabled by the noble Lord, Lord Newby, Amendment 72, tabled by the noble Baroness, Lady Smith of Llanfaes, and Amendment 90D, tabled by the noble Lord, Lord Brady of Altrincham, all seek to impose a duty on the Government to take forward proposals to ensure a democratic element of your Lordships’ House once the Bill has passed.
Amendments 11 and 72 would require the Government to consult specified persons and bodies, including from this House and the other place, on proposals for introducing elected Members, whereas Amendment 90D would not require consultation and focuses on legislative proposals for a far smaller House of Lords elected under a first past the post system. I am not sure, if we were elected under any system, that it would be a “House of Lords”; I cannot remember which noble Lord said that they were tempted by the title “senator”, but it certainly would not be a House of Lords if that was the proposal. Amendment 90D also asks the Government to bring forward a draft Bill. A very similar amendment was placed in the other place, which was resoundingly rejected by a majority of 262.
I am happy to be corrected on that, and I am sure noble Lords will welcome his support.
I found Amendments 11A and 11B from the noble Lord, Lord Blencathra, really interesting. Amendment 11A seeks to impose a requirement on the Government to include in its consultation
“the implications of securing a democratic mandate for the House of Lords for its powers and conventions”.
The interesting thing about his amendments is that he was the first in the debate to talk about the functions of a second Chamber rather than the form. Other noble Lords then commented on that, but he was the first and he did so in some detail. My starting point on a second Chamber has always been: what does it do, how does it do it, why does it do it, and how do we best fulfil the role? I was pleased that some noble Lords mentioned the role of the Cross-Benchers, because we all welcome that role, and I think the public would too if they were asked. However, the noble Lord would also require a referendum on the principle of an elected second Chamber. If I understood him correctly, if that principle was endorsed it would have to be followed by a further referendum on the methods of election.
The noble Baroness, Lady Smith, spoke significantly more widely than her amendment, which seeks to place a duty on the Government to lay before Parliament a review of the implications of Act for the appropriateness of an unelected Chamber. She complained that she could not get the functions into her amendment, but the noble Lord, Lord Grocott, expressed surprise at how wide amendments could go on membership when the terms of the Bill are so narrow. But that is the ruling we have: anything to do with membership of the House is seen to be in order, which leads to quite a broad approach.
Underlying all those amendments is the argument that further reform of this House is required. I welcome that, because although this Bill is narrow and noble Lords have commented on the next steps, the Labour Party’s manifesto was clear. I am surprised that noble Lords seem so surprised. The manifesto talks about the steps. It says—I think the noble Lord, Lord True, read this out—that we are committed to replacing the Chamber we have now with
“an alternative second Chamber that is more representative of the nations and regions”,
and that we
“will consult on proposals seeking the input of the … public”.
The noble Lord, Lord True, seems to expect me to have a ready-made proposal to bring forward. I do not; this is a longer-term proposal, and I would have thought noble Lords would welcome the opportunity to have an input into it, which, obviously, they will have. There is a range of proposals. We have already heard today that even those who support an elected second Chamber have a range of ways they would do it, so there is no ready-made blueprint: there are lots of thoughts and suggestions, and we have put forward suggestions in the past, but we want to consult more widely. That is a manifesto commitment.
However, as I think the noble Lord, Lord Newby, said himself, this Bill is not the right vehicle for delivering that proposal and we would not accept those amendments. This is a focused Bill that seeks to deliver the manifesto commitment by removing the right of the remaining hereditary Peers to sit and vote in the House of Lords. I remind noble Lords that that principle was established 25 years ago. This is the final part of that principle. My noble friend Lord Grocott seemed surprised this has taken so long and asked why people had made interventions on a range of other issues. This is a focused Bill on immediate reform, following the principle established 25 years ago.
We heard quite a lot about the history of different parts of legislation. The proposals that matter at the moment are those in our manifesto that we are delivering with this Bill, but the Government are committed to more fundamental reform, as I have said. More geographical representation is clearly part of that.
I come back to the amendments from the noble Lord, Lord Blencathra. I also thought that the noble Lord, Lord Brady, made a thoughtful speech. I know the noble Lord, Lord Blencathra, was not proposing an elected second Chamber, but the primacy of the first Chamber is about its elected status. It is accountable to the electorate. If I understood the noble Lord, Lord True, correctly, he thought this Chamber should have a more enhanced role because we have been here longer and have more expertise. You could also argue that an elected Chamber is more in touch with the electorate who have more recently elected them. That is a very important principle.
The noble Lord, Lord Blencathra, raised a number of points to be considered during a consultation on the form an alternative second Chamber should take. One point, of course, is primacy. I am intrigued by the idea that we could have a Prime Minister in a second Chamber; I will not apply for any such role. The noble Lord made an important point about the conventions that apply to an unelected second Chamber. Those conventions have stood the test of time through many changes, and they remain. They serve this House, the primary Chamber and democracy well. I anticipate no change to those conventions; it would be a different kind of Chamber if we did not abide by them. The hereditary Peers leaving in 1999 did not alter the conventions, and it will not alter the conventions now either. It is those conventions that protect the primacy of the Commons, which is extremely important.
These issues are not for your Lordships’ House today in this Bill. The Government are making an immediate start to reform this House with this Bill. Part of the reason why there has been no progress over the past 25 years is this argument that nothing can be done until everything is done. But nobody can agree, even in the debate we have had today, on what “everything” is and the result is that we do nothing. Completing this part of the reform shows good faith and good intentions.
The noble Lord, Lord True, tempted me on a number of points, and I want to challenge him on one. He referred to the exit of some Peers—that is, losing our hereditary colleagues—as being some kind of political attack because it affects the numbers. I ask him: did he feel the same when his party racked up appointment after appointment, creating a much larger disparity between the two main parties than we have ever seen before or than would happen under this Bill? What he suggested is not our intention. I have been very clear in Committee, as well as in Select Committee and in the other place, that this House works well with roughly equal numbers between government and opposition parties—and that is not a party-political point at all. Because of the work we do, we should be a more deliberative and engaged Chamber. The noble Lord is laughing at me, and I am not quite sure why; I am making a serious point about how this House works best. It is important that we do our best work and that we figure out how we can do that.
The noble Baroness challenged me on one thing, and perhaps I can make it clear for the Hansard record that I was certainly not laughing at her, even if other noble Lords were. I think she acknowledges that from a sedentary position.
The noble Baroness asked whether I was concerned about certain things. I did not particularly like it when Sir Tony Blair created the largest number of life Peers ever known, but that was his prerogative. The point I am trying to make—this is a House point, not a party-political point—is that a very dangerous precedent opens up when it is felt that a group can be dismissed from the House. That has never happened in this way, and the Conservative Party has never removed people from other parties. I will not repeat what I said in my remarks, but I believe that this is a profoundly dangerous precedent, and we should find ways to avoid setting it.
My Lords, it is a party-political point. I was trying to make the very non-party-political point that the House operates best with roughly equal numbers. It has taken 25 years to get here. The principle was established when the hereditary Peers left in 1999—I have to say that any trade union would have snapped up Viscount Cranborne in a moment—and, in effect, 92 of their number remained in perpetuity. Those were the arrangements then. This Bill will end those arrangements, so that the House can move forward.
The noble Lord talked about a term limit, an issue on which some noble Lords have put down amendments later. That would have to be discussed and debated by this House. That is not one of the proposals we are putting forward, but if someone wants to propose that during the consultation we will have on an alternative second Chamber, they are at liberty to do so. I think there would probably be quite lengthy arguments about the duration of a term limit, but that is not included the proposals before us today. Although 25 years is perhaps quite a long time to take to move forward, it is right that we take time to consider these issues.
I am grateful to noble Lords for the points they have made. Certainly, some useful points for the future have been made on how an alternative second Chamber may be constituted. That is not before us today, but in due course, when we are able to come forward with proposals, we will consult quite widely. At this stage, I respectfully ask that noble Lords and Baronesses take their amendments back and reconsider them, and I beg leave to ask that they not press them.
(11 months, 1 week ago)
Lords ChamberMy Lords, I thank the Minister for repeating the Statement. The United Kingdom has long been a bastion of freedom and a steadfast defender of democracy. Ukraine has been fighting bravely and bitterly to maintain its sovereignty, its freedom and its democracy, for over three years. We salute its courage and its sacrifice, which has been immense in the face of the horrendous Russian aggression described by the Minister so eloquently. As I stated in your Lordships’ House last week, we on this side are fully committed to supporting the Government as they attempt now to forge a path towards peace.
This weekend reminded us of the influence of our nation. The welcome that President Zelensky received from His Majesty the King at Sandringham and the united front of European leaders convened by the Prime Minister demonstrated the best of British diplomacy. I congratulate the Prime Minister on his initiative and wish him well in his push for a coalition of the willing, led by the United Kingdom and France, to produce a plan to end the fighting in Ukraine. It is at times like this, when our country comes together in unity, that it makes us all in this House proud to be British.
I welcome the Prime Minister’s acknowledgement that we must not choose between either side of the Atlantic. The United States is our longest-standing and most important ally—as was said in the Statement—and that fact was reaffirmed by the Prime Minister’s visit to the White House last week. We are pleased that the Prime Minister and President Trump had such a successful and cordial meeting. This is important, and his continuing contacts with President Trump are equally important. I hope they will continue to demonstrate together the strength of the Anglo-American alliance.
The noble Baroness knows that we on these Benches support the uplift in defence spending announced last week and the difficult decisions associated with it. We welcome the further commitment to reach 3% in the next Parliament. As my right honourable friend the leader of the Opposition said in the other place, we will support the Government in taking tough decisions where they are in the national interest. That is why we support the difficult decision—and it was difficult—to make the cut in the foreign aid budget to help bolster the defence budget.
In my response to the Statement in your Lordships’ House last week, I asked the noble Baroness a question to which she did not then respond—I understand, having been there, the exigencies and difficulties of those circumstances. Can she confirm that, if the deal to surrender the Chagos Islands to Mauritius does indeed go ahead, no payments in connection with that deal will come out of the defence budget? The new money for defence will be beneficial only if every penny is invested in our Armed Forces. It would be an indefensible position for money to be cut from the aid budget and moved to the defence budget to then be simply funnelled into the deal and paid to Mauritius. Can I have her assurance that this will not happen in respect of the defence budget?
I join my right honourable friend the leader of the Opposition in welcoming the Prime Minister’s announcement of the use of the profits from frozen Russian assets to support Ukraine. Yesterday, my right honourable friend asked the Prime Minister whether His Majesty’s Government have any plans to use the frozen assets themselves. I am grateful for what the noble Baroness said to the House on this subject. Is she able to give the House any further outlook on how the frozen assets themselves will in future be used?
We awoke this morning to the news that the United States is pausing its military aid to Ukraine. Can the noble Baroness update the House on this? Has the Prime Minister had discussions, or will he be having discussions, with President Trump in the light of this announcement?
I reiterate the positive overall response that my right honourable friend the leader of the Opposition gave to the Prime Minister’s Statement in another place. I hope that the Prime Minister will continue channelling this constructive and inclusive spirit, and demonstrating the significance of British leadership on the world stage, as he navigates the long road to peace and faces what will be many difficult decisions ahead. He will have our full consideration and support.
My Lords, I too thank the noble Baroness for repeating the Statement. The adage that a week is a long time in politics has rarely been so graphically demonstrated than over the past seven days. In that time, we have seen the brutal treatment of the Ukrainian President by the President of the United States, the suspension of all US military support for Ukraine, and the beginnings of a co-ordinated European response to this new and dangerous situation.
In all of this, the Prime Minister has played a statesmanlike and positive role, and we commend him for it. No doubt we all found his presentation of the letter from the King to Trump cringeworthy, but there is no doubt that it helped to create a positive atmosphere for the talks which ensued. It was a small price to pay for a relatively positive outcome.
Nothing can excuse the new American position. It not only rips up the basis of our support for Ukraine but undermines Europe’s assumption that the US would in all circumstances be a strong and dependable ally. Today’s comments by JD Vance, which disrespect UK forces and their contribution alongside our American allies in Iraq and Afghanistan, are just the latest evidence of an arrogance and an ignorance that are chilling.
The response which the Prime Minister is adopting—to try to broker a re-engagement between the US and Ukraine while seeking to put together a coalition of the willing to defend Ukraine—is to be strongly welcomed. But I think it is a mistake to believe, as the Statement does, that under this presidency our relationship with America, at least in terms of security, can be strengthened to any significant extent.
Trump has made it clear that he does not accept a continuing responsibility for the security of Europe. We need to accept this and plan accordingly. This has major and unpalatable consequences in terms of military expenditure, but also provides opportunities for the UK to regain a leading position in Europe and for our defence industries.
In the short term, we welcome the loan to Ukraine backed by the interest from frozen Russian assets and the use of UK Export Finance to fund the purchase of missiles to be manufactured in Belfast. But these are relatively small interventions and much more is going to be needed.
One idea which is gaining traction is the establishment of an international rearmament bank, which would facilitate access to private sector capital for Ukraine’s ongoing struggles. Do the Government plan to pursue this?
Another proposal which we have discussed often in your Lordships’ House is for the seizure of Russian assets—the capital, not just the interest. In yesterday’s questions on the Statement, the Prime Minister said that this was being looked at but that it was very difficult. At the moment, this proposal seems to be being taken only half-seriously. I accept that legislation might be necessary to enable it to happen, but I am sure that Parliament would fast-track such a measure. Can the noble Baroness give us any indication of the timescale for further work on this proposal and whether the Government are prepared to legislate to implement it?
For the longer-term move to 3% of GDP for defence spending, we have suggested that the Government should initiate cross-party discussions to see whether a consensus can be reached on how this might be funded. Do the Government have any plans to do this?
Every passing day demonstrates that the UK and our European allies are going to have to accept a step-change increase in responsibilities for our own defence. The Prime Minister clearly accepts this also, and he has our firm support in moving to achieve it.
(11 months, 1 week ago)
Lords ChamberWell, let us agree to differ on that.
The Gordon Brown proposals are out there, and there are a range of other matters that we could begin to pull together very quickly; we do not need to start again. I find the reference to the Council of the Nations and Regions interesting. In two or three weeks I have a Question on how precisely the new Council of the Nations and Regions will fit in to our constitutional arrangements, because I am not at all sure that I or the Government yet understand how it will fit in.
We need to level up the way our politics are done. I have spent most of my political life in Yorkshire. We now have a situation in which Scotland, Wales and Northern Ireland have some voice in London, but the English regions and the English principal councils do not. I am not entirely sure that mayors elected on perhaps 29% or 30% of the vote on a 25% turnout will have that much legitimacy to represent their areas to the central Government. The question of how far the second Chamber should be constituted so as to strengthen the representation of areas outside London in the centralised governance of this country is very important, so we need to move on to that.
We shall say from these Benches to the Government Front Bench, several times, that before we clear this Bill we need some assurance as to where we go from here and when we might start to move from here. This is an interesting, slightly idiosyncratic set of proposals, but one could perhaps throw it into the mix.
My Lords, I must tell the noble Lord, Lord Cromwell, that in the last Recess I visited the tomb of Diaghilev on San Michele. As always, it was covered with ballet shoes. I wonder whether one was put there on behalf of the noble Lord’s great-great-grandmother. You never know.
I am sure not many people are here to listen to me, so I must make it clear that I have absolutely no intention of testing the opinion of the Committee on this or, in fact, any other amendment in my name, as I offer the amendments I put forward as a basis for open discussion and potential improvement of a Bill that will pass, as I said. As noble Lords will recognise, this amendment is based on ideas put forward by the noble Lord, Lord Grocott, which he used to love but which, we heard earlier, he now absolutely loathes and condemns, so he would never vote for my amendment.
However, the amendment has the same effect as the noble Lord’s Bill, ending the by-elections provided for under the House of Lords Act 1999, something I think we are all agreed on in light of the Government’s mandate. But it amends the present Bill to leave out what was added to the Grocott Bill—the wholesale expulsion of 88 or 89 fellow Members, one of whom is currently on leave of absence. It would also allow our existing valued colleagues who serve here—we have heard from all sides how much they are valued—the possibility to continue on the same basis as the rest of us came here and serve here: for life. I believe that to be fair, reasonable and in accordance with the practice of this House. That is what happened in 1922, when Irish Peers left the House, as we were told earlier.
In 2009, when the Supreme Court was set up and the Lords of Appeal in Ordinary were abolished by the Labour Government, existing Law Lords were allowed to stay. They were given, in effect, grandfather rights or acquired rights, and that is how the noble and learned Lords, Lord Woolf, Lord Mance and Lord Hoffmann, were and are sitting with us. It is how we benefited for so long from the truly memorable wisdom of noble and learned Lords like the late Lord Lloyd of Berwick and the recently lamented Lord Brown of Eaton-under-Heywood. It is how the noble and learned Baroness, Lady Hale of Richmond, and the noble and learned Lord, Lord Neuberger of Abbotsbury, sit here.
When the Law Lords were abolished for the future, 23 people—no more—were given these grandfather rights, retaining the acquired right to sit. Did that damage the House? Does that damage the House? I suggest the continued presence and use of that experience does precisely the opposite. Why should it be different with those friends we have among us as elected hereditary Peers? When I say friends, I mean friends on all sides, including in the party opposite. They are people we know, sit with, learn from and share service with every day. Why are they being given, in effect, summary dismissal under the Bill? That is what it is; that is what the Bill says.
In law, summary dismissal is acceptable only in cases of gross misconduct such as physical violence, racism, sexual harassment, theft, or deliberate disclosure of sensitive information. I am not sure that the noble Earls, Lord Minto, Lord Clancarty, Lord Kinnoull and Lord Howe, have ever been guilty of any of those. I am told there is another ground for summary dismissal, which may appeal more to some in government, and that is serious insubordination in the workplace. Perhaps some of my colleagues, seen from Labour headquarters, are guilty of that. Well, good for the independence of the House of Lords.
To be serious, in Amendment 1 I spoke about a four-part plan that I believe would be a good destination for this House, while giving the Government greater security regarding their legislative programme and what they wish for: ending any inflow into the House based on the hereditary principle. That is something Sir Keir Starmer can take to the party conference. Point one of my proposals was that we recognise the Government’s mandate to end this flow. This amendment does not challenge that.
Noble Lords may well know that soon after the election last summer—this was not popular with all my colleagues—I and the Convenor of the Cross Benches, the noble Earl, Lord Kinnoull, went to the noble Baroness the Leader of the House to suggest the suspension of by-elections as an earnest of good faith and recognition of the direction the Government wished to go. We recognised the Government’s mandate, even if we might regret it. It was also an earnest of our wish to work in a constructive way with the Leader of the House, whom we greatly respect, to find the best way forward for the whole House. That is still my wish.
I know the noble Baroness and her commitment to the whole House, which she has displayed over nine years as leader of her party here, Leader of the Opposition and now Leader of our House. I am sure that if the absolutists and absolute positions are kept in the wings, we can find a way forward, based on the trust I have in her good sense and pragmatism. But there has to be give and take. We accept the shutting of the door, but we cannot back a full-scale purge.
There is a stakeholder far larger than my party, or indeed the party opposite, and that is the House itself. The House may have a view on whether it wants to lose these colleagues. It is not in the interests of the House, either in practice or as a precedent, to have some of its most effective Members summarily excluded. I say again that what I fear in my heart is that what is done once will inevitably happen again when another party holds the reins. The Conservative Party has never yet excluded Members of other parties, and I hope it never will, but I can imagine others around who might not have the same scruples, and a precedent of damping summary exclusion might be in the interests of the House.
In my speech earlier, I suggested as a second point of agreement that there should be a stay on wholesale exclusion, but with, as my third point, some agreed approach to numbers. I add this also for reflection. In the purest practical terms, both presentationally and constitutionally, it is easier to keep existing Members but address numbers by retirement from the ranks and other measures, rather than throw everyone out and then have the Prime Minister bring significant numbers back by creating new life peerages in the most public of all forums. For years, the party opposite supported the Bill brought forward by the noble Lord, Lord Grocott, to end by-elections. That was never our policy, except in the context of a stage two Bill such as we brought forward in 2011-12. Even the coalition agreement of May 2010 saw the issue of existing Peers as something that must be respected. I look back to the coalition agreement, which said there would
“be a grandfathering system for current Peers”.
My amendment follows past precedents and has exactly the same effect as that of the Bill of the noble Lord, Lord Grocott. It ends new entry but keeps those now here, just as Labour did with the Law Lords. Why should the Government be against that now? When the ending of by-elections was discussed on 13 March 2020, the noble Baroness, Lady Hayter, who was in her place earlier but is no longer here, said:
“It would not affect any of our existing Members, whom we look forward to hearing from, I hope, for many, many years”.—[Official Report, 13/3/20; col. 1231.]
On 3 December 2021, the noble Baroness doubled down on that, saying:
“This modest measure would make change very gradually. We are not seeking to say farewell to any hereditary already here; indeed, we look forward to their contributions for many more years.”.—[Official Report, 3/12/21; col. 1569.]
Was that not a wise and humane position? For the Liberal Democrats, speaking to the same Bill, the noble Lord, Lord Rennard, said:
“No existing Member of the House—and I accept that we have some very excellent hereditary Members—should feel threatened”.—[Official Report, 3/12/21; col. 1567.]
What has changed? Why is the exclusion of these 88 people so essential? If it is about ideology, we can do little but oppose it, and there seem to be some who are of that mind whom I would wish to restrain. If it is about numbers, we should surely rule no options out, but sit down to discuss it, keeping in mind at all times the best interests of the whole House. If we want to get to a destination—and I think there is scope for agreement on a destination—we need to be open about the potential routes. Let us keep all options on the table if we really wish to enable a settlement.
On 7 September 2020, the noble Baroness the Leader of the House said:
“All Members of your Lordships’ House are welcomed. In fact, most of us really do not know who are the life Peers and who are the hereditary Peers”.—[Official Report, 7/9/20; col. 545.]
How sad it is that this Bill and this provision are driving a wedge. What the noble Baroness said then was the best of the noble Baroness—the best of our Leader. She is a Leader we all know and respect. How she said it then is as it should be, and how it should stay. We are all one, and stronger as one. I beg to move.
I had not realised we were quite as democratic as that. Obviously, I am sorry for people who enjoyed it here and are going. I dare say it will happen to me before too long. But, really, they cannot complain when they have had an innings of 40-odd years. It is a pretty good deal, especially when they come from a cohort of Peers who have come via the electoral process, of which much has been heard—occasionally with approval, I am amazed to say. People coming via that mechanism can have no complaints if their service comes to a conclusion. I think 40-odd years is a very good innings and there is no reason to weep and wail because it is coming to an end.
I will not go through the rigmarole of asking why on earth the noble Lord, Lord True, has had his change of mind. It is not entirely accurate to say that he was a slavish servant of the Government at the time because, when my Bill was first introduced, unless my memory serves me badly, he was not a member of the Government and, along with the noble Lords, Lord Strathclyde and Lord Trefgarne, and the noble Earl, Lord Caithness, was resolutely opposed to the Bill, just as they were to every attempt to reform this place over the period that they were in power. I am not going to speak any longer, for fear that I will get interrupted.
If the noble Lord will allow me, I was strongly in favour of the proposals put forward by the coalition Government and I look forward with interest to the debate launched by the noble Lord. That was my view.
I am sure that the noble Lord, Lord True, is talking about the coalition period. He was in favour of the Bill then. I assume that is what he is arguing about, not my Bill. I am talking specifically about my Bill, which he previously opposed in a powerful way and has now tabled an amendment to implement. I have no intention whatever of voting for the amendment, he will not be surprised to hear. Those who have sat it out as hereditary Peers have had a very good, generous innings from a very small electorate. Hereditary Peers on the list who have said that they are available for election have something like a one in 200 chance of becoming a Member of the House of Lords, whereas members of the general public have a one in 75,000 chance of becoming a Member of Parliament—so it has been a pretty privileged group. Many have served well, but the end is nigh and I suppose we will continue to repeat these kinds of assurances.
I will make one more point and then I will sit down for the rest of the evening. We make much of these 92, including many capable people, leaving their position in the Lords. A mere eight months ago, some 220-odd people lost their seats in the Commons and, although most of them were Tories, I am prepared to admit that maybe some of them made a useful contribution while they were Members of Parliament—but you go; you are chucked out; that is what happens. And that is what is likely to happen as soon as this Bill becomes law.
My Lords, when I spoke to Amendment 5, I dealt with a number of issues which I thought were common to that amendment and this amendment, and I will not repeat them.
I begin by saying how much I enjoyed the speech of the noble Lord, Lord True. For years, we have listened to him with great passion denouncing the noble Lord, Lord Grocott, and everything in his Bill. Tonight, with equal passion, we have heard him advocating it. It was truly a bravura performance.
I have two questions for the noble Lord and one for the Government. The first question is: could the noble Lord explain how he believes that, if we end by-elections, there will be another point at which groups in your Lordships’ House will be excluded en bloc? It is a rather chilling suggestion that this will happen. Is he suggesting that the Conservatives might do it, and who does he have in mind? I feel slightly worried as a Liberal Democrat; he has not always been my greatest supporter. Is he suggesting that the Labour Party will somehow cut a huge swathe at random through other parties? If not, just what does he have in mind? This is a legitimate process via a Bill, and it is very difficult for me to imagine the circumstances that he was putting forward. I am sorry if my understanding is lacking.
Secondly, I suggested when I spoke earlier that the logical way of dealing with Peers who are hereditary but who have an outstanding record of service is that they should return to your Lordships’ House as life Peers. I mentioned that this had happened in 1999 with people like my noble friend Lord Redesdale on my Benches, who came back as a life Peer. The noble Lord, Lord True, said that he rejected the idea of bringing people back as life Peers. That seems strange to me. If the Minister were to suggest to him, in the negotiations which everybody seems keen to have, that additional places might be brought forward for the Conservatives—
The time is late, and the noble Lord is going down a trail that does not exist. I did not say that I rejected that; I said that we should keep all routes to a destination open. What I did say is that, practically and constitutionally, it is easier to keep the people here who are here than to shove a whole lot out and then bring them back. It is a presentational issue and something we can discuss, but please do not impute to me that I have rejected that.
My Lords, I look forward to reading Hansard, because I wrote down the word “reject”. If the noble Lord did not use it, I apologise profusely, but that is what I heard.
My question for the Government relates to the Cross Benches. What I am suggesting might happen can easily happen in respect of my party and the Conservative Party. If a number of additional life peerages are made available, we can decide, as parties, how we want to allocate them, but this does not apply to the Cross Benches. If the Government said that they were going to give, say, 10 or 15 life peerages to the Cross Benches, they would have to decide who they are, would they not? Or are they going to suggest another process, by which the Cross-Benchers decide who they are?
I have sympathy with the noble Lord, Lord True, to the extent that we do need to tease out some of these next stages. This is one area where, during the passage of the Bill, it would be helpful if the Government could be a bit clearer about the mechanism they might adopt if we retain some of the most outstanding hereditary Peers who are Cross-Benchers.
The noble Baroness has made her point. There are times in life when you have to seize opportunities to make things happen and, sometimes, if you fail to take that opportunity, that time passes. The party opposite is suggesting this now only because an alternative proposal came forward. Had the noble Lord come forward before our manifesto, I would have bitten his hand off and gone with it. It is a shame that he did not.
Looking at other points that were made, the noble Earl, Lord Caithness, was someone who had lots of amendments, as I recall, to the Grocott Bill, although he did not speak to them. It is a shame. I actually stopped coming to the Chamber to listen to the debate because it was the same thing time and again—there were so many amendments. So, here we are now because 25 years ago, the principle was established that hereditary Peers would no longer have the right to sit and vote in the House of Lords. That is what has brought us to this point now.
To answer some of the questions, the noble Baroness, Lady Finn, talked about some of the characteristics of hereditary Peers and the work that they do. The same applies to life Peers, as I am sure she will readily admit. There has always been scrutiny in this House, not just from hereditary Peers but from across the House. This House has always discharged its duties and will continue to do so.
The noble Lord, Lord Newby, asked the noble Lord, Lord True, for his response, which he received. I have always said that there is no barrier to Members of your Lordships’ House who have hereditary peerages receiving life peerages. That does not have to wait until the end of the Bill. If peerages were offered tomorrow by the political parties, they could be made life Peers. It is different for the Cross Benches. I do not think it is for me or the Government, if there was to be a proposal for other Members of other parties, to say who they would be, but there is a way of working this out and I will discuss this with the relevant parties. I accept that the Cross Benches are in a different position and would need different arrangements as well.
The noble Lord, Lord True, talked about his four-stage plan, some of which I had heard before but some of which was new to me as well. He says that this is a way of offering greater security for the Government to get their business through. I am sure that with his normal courtesy it would not be, but I hope that is not a suggestion that, if we do not do this, we will not get our business through. I just want to confirm this. Because he is aware of the conventions of the House—and I hope I understand him correctly—I think he is looking to seek further protections in terms of ping-pong, but if he could confirm that to me at some point, that would be very helpful, because I am sure he does not mean it to sound in any way as a threat. I am sure that is not what he intended, but it did come out a little bit like that. I will read Hansard, or we can talk further on that to make sure we have got it absolutely clear.
I have to be honest with the noble Lord. I understand why he has put this through, but I wish he would have come to this conclusion earlier—I really would have welcomed it—and I ask at this stage that he withdraw his amendment.
My Lords, I am grateful to all those who have spoken, and of course to the noble Baroness the Leader of the House. We began today with what I thought was a generally very good-tempered debate, one where I felt on both sides that there was a willingness to seek a way forward. I am sorry that we have ended in a slightly scratchy way, which I do not think was characteristic of the day, and I would rather not dwell on the recent words. I will bring this proposition back to the House, subject to whatever discussions we may or may not have before Report, because I suspect that the House—which has a say in this matter, not just the two political parties—might well believe that this is not an unreasonable approach, tempered in the way that I described earlier by agreements on one of the strands of my proposals to address the question of numbers, including by retirements.
I prefer to dwell not on failure but on the future. All I know of the noble Baroness the Leader of the House is her care for this House and her concern for the future, and that is where I am coming from. I do not do threats, and I do not make threats, but anybody who has been present in the worst parts of the debate today can see that people are feeling that there are strong passions on both sides. We heard them from the noble Lord, Lord Grocott, and we heard them from others. Those of us in leadership positions in the House must find ways to calm that, to reach agreements and to find a way forward.
I hear again that it is not possible for the Government to consider this, and that the horse has gone, or the boat has left—or whatever it is. This last weekend, the Prime Minister made a great act of statesmanship and, frankly, political courage, in which he took the incredibly difficult decision to cut spending on aid to protect our country and secure it for the future. The Prime Minister adopted a powerfully held position in the interests of the whole. I hope that we will, in the next few days and weeks, not rule out any route towards finding a solution to this problem, and that includes, as I said in my earlier speech, aspects tempered by ameliorative action on numbers.
It was a very impressive debate. I asked at the start whether it was about numbers; we can deal with that. If it is about ideology or firm places, we will have problems—but they will not necessarily be with me. That is not a threat; it is true that people will oppose that position. I hope that we are better than that.
I very much appreciated my noble friend Lady Finn’s powerful appeal to reason.
I thought that the noble Lord, Lord Grocott, might come back after dinner in a slightly more generous vein than before, so perhaps I can recommend him a better accompaniment to his food. The argument of “When you go, you go” is his view. As was aptly pointed out, if you are an MP, you can come back; our colleagues who are being excluded have only an exit door.
My noble friend Lord Hamilton of Epsom rightly pointed out that there are many younger, active hereditary Peers who do a great service to this House.
The noble Lord, Lord Newby, asked me two questions. He asked whether the Conservative Party was planning some exclusion. The fact is that the noble Lord is voting for exclusion, so he should not be too surprised that some other party might look at another group. I said that the Conservative Party never had—and, I hope, never would—go down that route. However, there are other parties on the block—there are other kids on the block—so if we make it, “Yes, you can come in and you can take out a group”, you could, for example, introduce 15-year term limits, which is very popular in the House. You could get rid of anybody who served for more than 15 years. We heard the noble Lord, Lord Grocott, say earlier that lots of people have been around here a long time. What would be the effect of that on composition? I would go. I do not know who else would go, but someone might pick up that plan and, looking at what was done in 2025, say, “No transition, no grandfather rights at all”. I am just warning that it could happen, and it might not be a party represented in this House that would want to do it.
Finally, I must refer to the great speech of my noble friend Lord Shinkwin. The Committee was absolutely silent listening to what he said, informed by his extraordinary life experience and courage, and the wisdom that has come from that. Some of us will have heard his words in different ways but, having heard what my noble friend said, surely we must show openness and inclusion to all our Members. Let us not rule out anything, even tonight; let us come back and consider the best way of solving this conundrum. I beg leave to withdraw my amendment.
(11 months, 1 week ago)
Lords ChamberMy Lords, the effect of Amendment 1 is to underline the purpose of this Bill as ending entry here by the hereditary principle, but which does not endorse the wholesale removal of colleagues who are already here. There thus falls to me the lamentable duty to open Committee on this Bill, whose purpose is, as my amendment has just declared, to end the hereditary principle as a route of entry to Parliament. Some will find that regrettable; others will rejoice, rejoice. But most of us, however, will have feelings in which the elements are very mixed—where the wish the Bill might be stopped is checked by a proper understanding of the conventions; and, on the other hand, where partisan zeal is leavened with the personal respect owed to familiar and valued colleagues.
I submit that this great House draws its strength from that mixing of elements: from an ancestral, indeed very British, wisdom that does not view every question as black or white or insist that every victory must be total. That moderation is symbolised by the presence of those Cross Benchers, untainted by party. In what sense will culling and cutting those independent ranks ever benefit our House?
It is a paradox little understood outside that most of the myriad improvements we make to Bills are won not in the Division Lobby but through discussion and shared reflection. Our Chamber is unique in the world in conducting its business in order and courtesy without anyone to discipline us. That is possible only because we are a House of consensus, courtesy and compromise, of decency and humanity. I trust those qualities will inform us on this Bill in the weeks ahead, including in how we treat fellow Members.
We will hear that this is a simple Bill that brooks no amendment. Indeed, we are told no amendment will be allowed. Since when did this revising Chamber accept such an instruction from any Executive? It is in fact a Bill of the greatest constitutional significance. It says that a passing political Executive may scoop their hand into your Lordships’ House and chuck out any group of us that is not to the taste or political convenience of the Government of the day. I spoke of this at Second Reading as a very dangerous precedent, and I will address it again on Amendment 9. Once used, it will inevitably—inevitably—be copied.
The Bill is also of the greatest constitutional significance for what it does not say. It launches, without any checks on executive power or the number and nature of appointments, an all-appointed temporal House stocked at the direction of the Prime Minister of the day, of whatever party. Had that model for a legislature arrived in some capsule brought back from Mars by Elon Musk, we might well look askance at it.
The Government, in my submission, have a duty to set out in detail their plans for this all-appointed House. After all, in 1999, hundreds of hereditary Peers agreed to leave this place on the understanding, said then by Labour to be binding in honour, that 92 would remain until a final reform was agreed. Now it is said that that was some funny old deal of which we now know nothing, past its sell-by date, ready to be tossed aside like some embarrassing piece of mouldy cheese we find at the back of the fridge. It is even said that honour is some old-fashioned, even risible, concept of centuries past. I beg to differ, but I do recognise the raw realities of power. I see this new world around us where the strong may browbeat the weak, but that does not dispense with the constitutional duty of a Government to set out their plans and, as is normal in constitutional reform, seek some consensus across parties and beyond.
No such consensus has been sought. There have been no cross-party discussions, as led by Jack Straw in 2006 and 2007; no draft Bill, as in 2011; no Joint Committee of the Houses, as in 2002, 2003 or 2011; no royal commission, as under my noble friend Lord Wakeham in 1999; not even a White Paper, as in 2001, 2007, 2008 and 2011. At present, your Lordships have as clear a sense of what direction is planned for us beyond this Bill by Labour as Vikings on a longship becalmed in a mid-Atlantic fog without a lodestone.
That is no way to treat a House of Parliament. I ask the noble Baroness the Leader of the House, who always has the interests of this House at heart, whether she will share with us at some point during Committee—it need not be today—when we will see a White Paper on the Government’s future plans beyond this Bill. It should really come before Report. Your Lordships have a right in considering this Bill to ask how the all-appointed House will work and how it will be safeguarded. There have been many thoughtful amendments laid—and some I am perhaps not so fond of—but I look forward to all the discussions. Let no one say that they are filibustering or shenanigans. As I said at Second Reading, who will care for the future of this House if we do not?
Let me turn from what is left out of the Bill, which we must explore in Committee, to the narrow purpose within it, which is addressed in this amendment. Much has been said around this House about what I think and what my party thinks. Let me spell it out again. There are four elements of a sensible settlement that I believe could avert unnecessary conflict and damage to our House. The first is for all of us on this side to accept that the Government have a mandate to end the hereditary principle as a route of entry here. That is recognised in my amendment. This House should not block this Bill, though amend it it may.
The second is to address the danger of unilateral political expulsions of Members from this House by an Executive, with the attendant increase in power of prime ministerial patronage. When the Labour Government closed the gate to the Law Lords into 2009, they gave grandfather rights—acquired rights—to those already here, the same right that we all have: to stay for life. That showed due respect to those valued fellow Members and was of great benefit to the House. The Government say that is impossible in this case. It is not; it is perfectly possible. It is a political choice and a choice for this House, of whether to expel all existing Members of our House in scope of this Bill or treat them more generously. Were the Leader of the House to act generously, as I know is her normal instinct, and sign my Amendment 9 in its present form, or some mutually agreed modified form at a later stage, then all manner of resentment and difficulty would at once fall away.
If I may: this is Committee. The noble Lord can come in. I am concluding my remarks, but I will answer him later. We have seen in recent days the nature of negotiation with a big stick. That is not the House of Lords way, nor is it the way in which the noble Baroness leads us. I urge her not to reject these proposals or any part of them when she responds, but to agree to take them away. Let the Government block entry of new hereditary Peers, as my amendment accepts and as the House should accept, but otherwise let us together pursue the path of peace with expedition, and with honour and justice. I beg to move.
My Lords, in considering the purposes of this Bill, it is necessary to remind ourselves of the circumstances in which our hereditary colleagues continue to sit in your Lordships’ House. They are here because of an agreement which was reached in 1999 that they would continue to sit in your Lordships’ House until stage 2 of the projected reform had taken place. The late Lord Irvine said that that agreement was binding in honour; he said it was a guarantee. He gave those undertakings as—
My Lords, the noble Lord, Lord Grocott, made reference to me. I want to put it on the record, because he has said it before, that the amount of time that I spoke during the debates on his Bill in 2018—a Bill which had six hours of debate—was under twice as long as the noble Lord, Lord Grocott, has spoken today. In those six hours of debate, I spoke for 16 minutes; that was all. It was not a prevarication at all.
My Lords, I think it is right for me to intervene. I say to the noble Lord, Lord Grocott, who asked me for an apology, that I make no apology for carrying out the policy of my Government when I was a Government Minister. The policy of the Government was that we should not remove the 92 until a stage 2 reform came forward. Our Government, in coalition, in 2011-12, brought forward a Bill which would have led to the removal of hereditary Peers from your Lordships’ House. As was said earlier by others, that was frustrated by a group of Conservative Back-Benchers and the Labour Party in the other place. So, the Conservative Party did address that question, and I say to the noble Lord that I will never apologise for carrying out the policy of my Government.
So far as the noble Lord’s other remarks are concerned, there is a difference between this Bill and his Bill. We have another amendment on this later, so I do not want to protract this discussion now, but the difference was that his Bill allowed for the continuation of valued Members of this House—indeed, it was commended by a number of people who spoke on his Bill for that reason—while this Bill provides for the total expulsion of Peers who are here under the 1999 Act. There is a profound difference between those two Bills.
In the proposals I put forward to the Leader of the House—I am grateful to her for the manner in which she responded, and I hope we can return to that conduct of affairs—I said that part of the discussions we have will have to address what will be, in this moment when partisan zeal runs fairly high, a wound to the House—many people on the other side may accept what I say. If some of the very skilled, experienced and long-serving hereditary Peers whom we have among us are excluded, that will be a wound to the House, and it is right that the House should address that and consider it collectively. The noble Earl, Lord Devon, draws his own conclusion, but it certainly goes beyond horse-trading between parties as regards what the future of Members of this House should be. It is perfectly legitimate in Committee for us to consider the implications of legislation for the future of the House.
I was grateful for what the noble Lord, Lord Newby, said. I do not agree with the noble Lord that consensus is impossible—indeed, the coalition agreement demonstrates that that is not the case—but I am grateful for his agreement with me that it is important. I think the noble Earl, Lord Kinnoull, and my noble friend Lord Forsyth and others said that it would be helpful as we go forward if we could have some understanding about the timing and nature of the Government’s proposals beyond the Bill, because they are material to the future of the House.
It may be pedantic to point out that it was rejected in the other place by 277. I never said that it was not in the ability of this House to send back an amendment if it chose to do so. I pointed out what happened in the House of Commons. The only Front-Bencher whom I have heard say that the House of Lords should not pass an amendment to a Bill from the House of Commons was the noble Lord during the Elections Bill.
If I may borrow a phrase from a more prominent person than I, did I really say that? The joys of social media and smartphones are very wonderful. I stand corrected by the noble Baroness, but the point remains that there resides great wisdom in this House and there remains the opportunity to reach an agreement which serves all parties and none, but the House collectively.
If such an approach were agreed, it would be easy for someone as formidable and dedicated as the Lord Privy Seal to persuade her colleagues in Cabinet that a generous and thoughtful approach, which offers advantage to all parties, should be followed. I sincerely hope that is what may happen in the days and weeks ahead. I beg leave to withdraw my amendment.
I do not know. It has to be when the policy is determined but I would certainly have thought that the second part of it, around participation and retirement, is something that we can look at quickly. If the House came to an agreement, it could be done quickly as well.
I turn to the point made by the noble Lord, Lord Strathclyde, about the grouping of amendments, as the noble Lord, Lord Wallace, raised this. The normal process is that the Government suggest groupings, as we did. In this case, the Opposition said they had their own groupings. They cannot speak for anyone else around the House but had their own groupings. I think there were originally around 18 government groups. The Official Opposition did not accept that and wanted—I think, the latest is—about 46 groups of amendments. The Government have accepted that, because we accept it if Members wish to degroup and have more groups.
My point was—as I think the noble Lord, Lord Wallace, has understood correctly—that a number of themes run through this legislation and if it is possible to debate those in groups, it is easier. At the moment, we have six groups of amendments on the commencement of the Bill. If it is what the House wishes, I would not deny it the opportunity to have those debates, but that seems to be quite a lot. I think three of those groups are single amendments but if that is how the House wishes to debate it, it is open to the House to do so. The Government did not deny the Official Opposition the right to have as many groups they wanted. I have to admit to being a bit surprised at how many there were, given the themes that run through the Bill, but we will see if that was helpful or not going forward.
The noble Lord, Lord Cromwell, wants to lock me in a room with the noble Lord, Lord True—
The noble Lord is resisting that temptation but I say to him, as I say to all noble Lords, that I have always been open to discussions. But I need assurances, so when we see degroupings, filibustering and threats on different things, that does not give the confidence that allows me to have those kinds of discussions. To have them, I need some confidence that the Opposition want to do this in a proper way.
My Lords, I associate myself with the comments of both the noble Lord, Lord Brennan, and my noble friend Lord Thurso. There is not, and never has been, the sort of link between the hereditary Peers and the monarch that I suspect the noble Earl, Lord Devon, was suggesting. We have one period of worked examples of this, and I am afraid it was a little while ago. In 1649, when Charles I was condemned, he was condemned not just by Members of the House of Commons but by hereditary Members of the House of Lords.
A decade later, there was a House of Lords, but it was not called the House of Lords. It was called the Other Place—capital “O”, capital “P”—because the Parliamentarians, led by Oliver Cromwell, recognised the need for a revising chamber but did not like the concept of heredity. Therefore, Oliver Cromwell appointed a House of Lords. That House of Lords did not last very long, and the hereditary principle came back with Charles II. So it was not the case that a hereditary House of Lords meant that we were done with monarchy for ever. The two were just different things, and different considerations applied.
The lesson of Charles I—which is still relevant—is that, at the end of the day, Kings and Queens in this country rule by the consent of the people. If they go outwith the conventions, they will find themselves in difficulties again. With the current King and Prince of Wales, this seems an impossibly unlikely scenario, but it is still a theoretical possibility.
My Lords, I say to the noble Lord, Lord Newby, that I seem to remember that in the House of Lords which, to its shame, agreed to the execution of the King, there were only about six Peers who still sat, because of the exigencies of the Civil War and purges afterward, only two of whom, to their lasting shame, actually watched the execution of their King. A few days later, the House of Lords was abolished by the House of Commons as a “useless” place. The other irony was that, when Cromwell produced his own equivalent of the House of Lords, there were only about 30 people in it, of which a high percentage were relatives either of Cromwell or of his leading marshals. These things can take you down many funny roads. It was in fact the House of Lords that reassembled in 1660 that recalled the House of Commons into being—a very significant constitutional moment.
Before I go on, I will respond to the comments made about groupings. Of course we should proceed in an orderly fashion; the difficulty, as the noble Lord, Lord Moore of Etchingham, said, is that so much is left out of the Bill which is germane to the future that we have to discuss a range of subjects, and I defend our right to do so. I would not personally have put down this amendment on the Royal Family, but since it is down it is clearly a subject that has to be addressed and should be addressed separately.
The noble Baroness referred to a group of amendments on commencement, but the amendments are very different: one proposes a referendum, which I would not support; one wants to move the date earlier and get rid of hereditary Peers very swiftly; another is a delaying amendment; one calls for a review before the thing is taken forward; and another says that there should be no enactment until after stage 2 proposals have been produced. These may lock around commencement, because of the short nature of the Bill, but the idea of having a referendum on the removal of 90 hereditary Peers, is, frankly, with all due respect to my noble friend, nonsensical. To spend tens of millions of pounds on a referendum on whether hereditary Peers should leave the House of Lords is not a case I would argue on “Newsnight”, to put it that way.
These are very different subjects, so we should be careful not to run away. Peers have great freedom in this House to group and degroup. I accept that I asked for my first amendment to be stand-alone; that was because, as Leader of the Opposition and former Leader of the House, I wanted to say something that I hoped the Committee would listen to, heed and reflect upon, and I did not want that to be complicated with other discussions. I apologise if that tried the patience of the Committee, but I did ask for that amendment to be taken separately.
On the amendment, I appreciate the concerns raised by many noble Lords, starting with the noble Earl. I do not think his concerns needed to be laughed at—they are concerns that some people legitimately have. Equally, I totally agree with what the noble Lord, Lord Brennan, said. The great Labour Party has always been a patriotic party and the overwhelming number of members of the Labour Party, like the overwhelming number of members of my party, are strong supporters of the monarchy, although there are republican Conservatives and republican Labour Party members. The only thing I would wish to see happen, which I fear is not that likely—I hope it could still be accomplished, and I have great hope that we will be able to carry it forward—is that, in the years to come, the noble Lord, Lord Brennan, and the noble Earl are still here, arguing the case together, for the retention of the monarchy.
The last thing I would want is for the monarchy ever to be brought into the situation that your Lordships’ House is now in, where the hereditary principle is overtly rejected, but the reasons and reasoning, as the noble Lord, Lord Grocott, said, are very different. I do not intend to argue that the removal of hereditary Peers from your Lordships’ House would have that effect on the monarchy. With all due respect to my noble friend Lady Meyer, I understand absolutely what she said about the appalling consequences for the people of France and of Russia when they thought that removing the monarchy would lead somewhere, but we are not there. I do not believe that there is a connection between the hereditary principle in this place and the hereditary principle of the monarchy.
However, as the amendment of the noble Earl, Lord Devon, shows, debate around his concern about the decision to expel hereditary Peers from the House of Lords, and what that might say about the hereditary principle, is one of several things that will always prompt debate and reflection about the importance of inheritance in wider society.
The noble Lord, Lord Moore of Etchingham, said that every family is inheritance. The instinct that families should be able to pass on what they have to the next generation is deeply imbued in our society—it is one of its absolutes, the root and the bedrock. One has to look only at the sympathy of so many people for the plight of family farms and family businesses: many people are responding to that, not because of particular views about farmers but because they feel it is unfair that a family cannot pass on its farm to the next generation because of levies on inheritance.
Noble Lords may think that I never have any leisure time, but occasionally I watch that charming BBC programme, “The Repair Shop”. I do not know whether anybody ever looks at that, but you can imagine me sitting sometimes watching it over my Marmite sandwich. Week after week, that programme throws up example after moving example of the natural instinct of ordinary people to preserve what their forebears left them and pass that on to their children and grandchildren, often amid tears and the deepest emotions. The hereditary principle is one of the most basic and honourable instincts of mankind and we should cherish it.
This is the instinct that I recognise gives birth to the sense of duty and responsibility displayed by the noble Earl in his speech, as it does for members of the Royal Family. I think everyone in the Committee agrees with those who have spoken that it is vital that we keep our Head of State hereditary and outside politics. Our monarchy provides a sense of continuity and stability that is unparalleled in any other form of governance. The English monarchy has endured for well over 1,100 years, long before Parliament, and the Scottish monarchy for close to 1,200 years, weathering countless political storms and societal changes as it evolved into our constitutional monarchy. In times of upheaval, the monarchy is there as a stay—a constant, unchanging presence that transcends transient party politics.
Further, the hereditary nature of the monarchy insulates the Head of State from the partisan struggles of politics that characterise a democratic system. It allows our monarch to represent our whole nation, or set of nations, serving as a unifying figure and bridging the divides that often stress our society, and indeed our counsels in your Lordships’ House. It plays a crucial role in preserving our cultural heritage and national identity, steeped in tradition. We here play our own part in the pomp and ceremony around monarchy. The noble Baroness opposite and I have both held the Cap of Maintenance—which is heavier than you might think—at the State Opening. Through this sense of ceremony and by maintaining these traditions, the monarchy helps to preserve Britain’s unique character, ensuring that our cultural heritage is passed down the generations.
I can say to the noble Earl that we absolutely believe in a hereditary monarchy. I know that the noble Baroness, when she speaks, will say the same thing from the point of view of the Labour Party. It serves as a powerful symbol of continuity and resilience on the global stage.
I was amused when the noble Lord, Lord Moore of Etchingham, referred to the maiden speech of His Majesty the King, then the Prince of Wales. I cannot claim to have been here, but there was a kerfuffle about it at the time and a great deal of excitement. Over 50 years ago, he made a delightful maiden speech on the subject of recreation and the importance of sport. I point out to noble Lords that his maiden speech lasted about 14 minutes. Whether that would go down well these days, I do not know.
One thing that he referred to in making his maiden speech was an occasion nearly 150 years earlier, I think it was in 1829, when three Royal Dukes—Clarence, Sussex and Cumberland—who were brothers, had, as His Majesty then put it in his speech,
“got up one after the other and attacked each other so vehemently and used such bad language that the House was shocked into silence”.
You could never imagine such a thing happening these days.
(11 months, 2 weeks ago)
Lords ChamberMy Lords, I thank the noble Baroness for repeating this eloquent and important Statement. In the three years since Putin’s tanks rolled into Ukraine, imagining then an easy victory, his brutal war still grinds on, at an immense cost to the Russian people, let alone the brave people of Ukraine. In all this time, the House has been united in its support for those brave people, and that will not change. The Leader of the House was staunch in her support when I sat in her place, and I assure her that we on this side will not be lacking in our support for the Prime Minister when he does the right thing, as he has in this very welcome Statement.
It was the Conservative Government—yes, I will dare to speak his name—of Boris Johnson who led from the front, sending weapons before the invasion and helping to stop the first assaults while others then hesitated. Thereafter, under successive Governments, Conservative and Labour together, the United Kingdom has taken in many refugees, delivered immense military aid to Ukraine and sanctioned those who have aided Putin’s war machine. This House stands united and unfaltering beside the Ukrainian people today.
We also agree with the Prime Minister: in this troubled world, we must do more to ensure our own security. As my right honourable friend the leader of the Opposition set out yesterday, we must now accept reality. We must speak the truth. We must acknowledge that the world has changed. We must be ready to face the inescapable challenges that lie ahead.
The primary purpose of a nation is to protect and defend our borders, our values and our people. That is why we welcome the announcement that the defence budget will be increased. In the face of the assertiveness of Russia and China, we can no longer live off the post-Cold War inheritance of Thatcher and Reagan. We commend the Prime Minister on his decision to boost spending on our Armed Forces. We on this side see the necessity of some trade off of soft power for hard. Indeed, my right honourable friend Kemi Badenoch urged the financial measure, however difficult, that the Prime Minister has now adopted.
Although we believe the Government have made the right decision in relation to aid, the Statement raises some questions, which need clarification. The Statement says the increase will be funded by a reduction in aid spending from 0.5% of GDP to 0.3%. Based on figures in the Autumn Budget, that would free up some £5.3 billion towards the increase in defence. That is in line with the clarification by the Defence Secretary that the real increase, factoring in inflation, is closer to £6 billion. That is very welcome, but it is not the £13.4 billion claimed in the Statement. Can the noble Baroness explain the disparity in the two figures? The second point requiring clarification is how this money will be allocated. I do not expect the noble Baroness to be able to answer that now.
The Statement says the strategic defence review is well under way, but that a single national security strategy will be published before the NATO summit in June. Does that mean the previous commitment to publish a strategic defence review in the spring is now delayed? Will the review reflect on the significant implications of British troops being sent on wider deployments in Europe? A key aspect of defence is sending the right signals. Percentage points are not the heart of the matter, which is people and materiel. Urgent procurement decisions need to be taken. Can the noble Baroness assure the House that they are not being delayed?
Finally, the Government still seem to be committed to the extraordinary plan to surrender the Chagos Islands and pay £9 billion for the privilege. As a matter of fact, what is the figure? Presumably, when the Prime Minister sits down with President Trump and the President asks him, as he surely will, “So, Keir, what’s this deal costing?”, surely the Prime Minister cannot credibly say “I can’t tell you”. If the President can be told, then surely this Parliament can be told, so will the noble Baroness tell us? The Prime Minister was evasive earlier when asked whether any of the money the Government want to pay to Mauritius to lease back a base we presently own will come out of the defence budget. Will any of the costs be paid from the defence budget or not? No doubt the President will ask the Prime Minister. Can this House have the answer?
The Prime Minister is right: we face an ever more dangerous world. This is the fundament of the matter. He is right about the importance of NATO—something all the parties in this House have always cherished. Let no one doubt that Britain stands by our allies. As I said on a recent Statement, there can be no peace without Ukraine. The Prime Minister was also right when he said that any Government’s first duty is the defence of their country. We on this side will stand with the Government when they do the right thing, as they are now. We will always share with them putting the national interest first.
My Lords, we welcome this Statement. From the outset of the brutal Russian invasion of Ukraine, there has been a consensus across Parliament that we must support the Ukrainian people in their struggle against aggression. We do so not just because they deserve our support in their own right but because success for Putin in Ukraine would simply be a prelude to further Russian expansionism, whether in the Baltics, the Caucasus or elsewhere in eastern Europe.
Nothing which has happened in Ukraine over the past three years has caused us to question this approach—quite the opposite. What has changed is the posture of the United States. It is now clear that European nations cannot continue to rely on the US to support the defence of the continent in the same way as we did in the past. From day to day, it is impossible to know quite what the US President will say next, but in one respect President Trump has been consistent: he expects Europe to pay more for its own defence and he will make the continuation of the US’s military commitments in Europe contingent on this.
We and other European nations are going to have to spend more—considerably more—on defence, and to do so at a time when public sector finances are already under considerable strain. We therefore welcome the Government’s decision to move to a level of defence expenditure of 2.5% of GDP by 2027, and their further aim of getting to 3% in the next Parliament. We need to considerably increase our capabilities and replenish our equipment stocks. As a first priority, the Government should reverse the 10,000 reduction in the number of our troops, over which the previous Administration presided. It is now highly likely that we are going to have to provide boots on the ground in Ukraine; the Army is simply too small at present to be able to do this on anything like the scale required. We must also, however, achieve much greater value for money on equipment development and procurement than we have in the past. We therefore welcome the Government’s commitment to a new defence reform and efficiency plan.
We are, however, surprised and disappointed that the Government have decided that the entire funding of this additional expenditure should come from further cuts to development assistance. This seems to be a strategic error as it will simply reduce further our soft power, leaving space for Russia and China in particular to fill. Given that most aid is preventive of disease, climate change or conflict, it will exacerbate problems which will spill over to us. That is a false economy. Can the Government, at the very least, commit to protecting expenditure on Sudan—not just prioritising it, which is a rather weaselly phrase—given the extraordinarily severe humanitarian crisis now facing that country?
We have suggested funding the increase to 2.5% in a different way—by an increase in the digital services tax from 2% to 10%—but there are other ways of raising the necessary revenue, as we suggested in our general election manifesto, which could be deployed without raiding the aid budget. As for the 3%, we have already suggested that there should now be urgent all-party talks to explore how we can achieve that on a cross-party basis. Can the noble Baroness the Leader say whether the Government have any plans to adopt this approach?
Further to the Question earlier today in your Lordships’ House on the £20 billion of frozen Russian assets in western banks, there is agreement that those should be released to help Ukraine in its continuing military activities and to help rebuild the country once hostilities end. Frankly, nothing seems to be happening to achieve this. The Prime Minister could play a leadership role here by convening a European conference in London to agree on how this can best be achieved and by raising it tomorrow with President Trump. Do the Government have any plans to take such initiatives?
Faced with the changed US posture on European security, all European nations will have to play a greater part in the continent’s defence. This Statement demonstrates that the UK is willing to make that commitment, and we support that stance, but let us not do so by further decimating our aid budget and making some of the world’s poorest people pay.
(1 year, 2 months ago)
Lords ChamberMy Lords, like the noble Baroness the Leader of the House, I very much look forward to hearing the maiden speech of my noble friend Lord Brady of Altrincham and the valedictory speech, sadly, of the noble Baroness, Lady Quin, a well-liked and respected Member whom we will miss.
This is a strange day. Outside, there are desperate farmers, fearful of their future after a shock tax attack on their families; inside, here in this Chamber, the Government are focusing not on helping those hard-working people out there, but on purging Parliament of 88 of its most effective Members. Well, we can see this Government’s priorities.
The noble Baroness opposite, the Leader of our House, spoke skilfully and courteously, as she always does, and tried to gild not so much as a lily as a gigantic stinging nettle for many Members here: the blunt message that the Bill sends out to 88 of our number is, as the noble Lord, Lord Sugar, puts it, “You’re fired —you and you and you!”. By the way, I wonder how often the noble Lord, Lord Sugar, comes here, but he counts for one of the Cross-Bench numbers, the same as the noble Lord, Lord Vaux. Indeed, one of the many regrettable features of the Bill as it goes forward will be seeing some of those who do not participate very often being whipped to vote out those who do.
I say to the noble Baroness that this will be a fiercely contested Bill, not for its declared objective that no more hereditary Peers should come here— I have made clear that we all recognise that, even if we do not share the Government’s promise to do it—but, frankly, for the Bill’s sheer inadequacy. The noble Baroness tried to argue that away, but the Bill is defective not just for what is in it but for what it fails to address.
I also recently referred to the unpleasantness and hurt that there will be, and I appreciated the noble Baroness’s tone on this. Voicing what is an obvious truth seemed to cause some disquiet, and I know that there are many on all sides who feel uneasy; who feel, privately, that they wish this purge was not going to happen; and who feel that the House will lose a great deal.
I was sad when the Bill’s arrival was met with a loud cheer. It was hurtful. I was sitting then alongside the noble Earl, Lord Howe. That is not who we are, as represented by the tone of the speech we have heard already, and it is not what we should ever become—although we have seemed a little scratchier and more partisan of late, if I may say so. I trust that, through the difficult passage of the Bill, we will not fall short of our traditional courtesy but, frankly, the Government cannot expect all of us on this side or on the Cross Benches to like the Bill or, indeed, what is threatened in the manifesto to those among us who were born in the 1940s. If it is pushed through with a flinty inflexibility, that flint cannot help but strike sparks of resentment and sour the atmosphere in this House, not just in this Session but for Sessions to come.
The noble Baroness advanced three main reasons why we must make the Bill the flagship measure of this Government’s so far miserable first Session in office. The first is because it is in the manifesto. Well, when I asked her on Monday about the commitment in the very same paragraph of the manifesto to require Peers aged 80 to retire at the end of the Parliament, what was her reply? It was not, as you might expect, “Yes, of course, we will implement that because it was in our manifesto”. Instead, she resorted to what was known in the US election as something of a word salad—you could feel the grass growing as long over that manifesto pledge as the grass will grow long in the shires as the farmers wait for justice. Why this manifesto commitment at all costs, and, to the other, “No, George, don’t worry. We didn’t really mean it”? Is it because one is popular with the party opposite and the other has proved not to be? Frankly, that demonstrates that it is all about party expedient and not principle, and we should not pretend otherwise. Eighty-eight non-Labour Peers go and four Labour Peers go. Frankly, my six year- old grandchild can do the maths on that.
The second justification we hear is really more Keir Hardie than Keir Starmer—an outdated class-warrior one, like driving 15 year-old students out of their private schools by imposing VAT. The hereditary principle, the noble Baroness says, is indefensible. It is the same logic, of course, that leads you to jack up inheritance tax, and perhaps takes you to other, darker constitutional places, but that is another story. The Liberal Democrats, of course, enthusiastically agree, but just wait: once they have their promised peerages and the cuckoos on those Benches have shoved 33 Cross-Benchers and 45 Conservatives out of the nest—increasing, as we have heard, their weight in the House—just watch how fast they turn on the party opposite, on which they are now fawning.
The reality is that no one inherits a seat in this House as a hereditary Peer any more. That was dealt with in 1999. The then Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, declared then that the 1999 Act was historic and:
“No longer will membership of this House be a birthright”.—[Official Report, 30/3/1999; col. 204.]
The noble and learned Lord was right. That has been the case now for a quarter of a century. The days when you could inherit a seat here are long gone.
The noble Baroness says that there is unfinished business: there are some hereditary Peers still here and, despite what was agreed by Parliament in 1999, we must root them out. But I ask noble Lords: will driving out those hard-working Members improve our House? I do not think so. As I said in our recent debate, there is an easy way—a proven House of Lords way—to square the circle and to end for ever the arrival of hereditary Peers, yet keep our colleagues who serve us all well. It is what was done with the Irish peerage and the Law Lords: the House ended the inflow but kept its Members. That, effectively, as the noble Baroness said, was the proposition of the noble Lord, Lord Grocott, but now we hear that the time for that is past. Why? Why did Labour think it was a good idea to keep the noble Viscount, Lord Stansgate, here on 3 July but not 5 July? It defies all logic and is also, frankly, unreasonable. The House should test that proposition in later stages of the Bill: it might bring an early and honourable peace where long conflict looms.
The third justification the noble Baroness uses is about numbers. This, as the House knows, is not something about which I agonise, but I recognise that most of the House, and the Government, worry about it. As I said in my speech last month, let us reflect on it, discuss a way forward and take the opportunity of the Bill. I reject, however, the idea that, if one wants to reduce numbers, the master plan is to find some of the best and hardest working among us and kick them out while clinging to the laggards and the no-shows. No rational institution would do that, and the House of Lords is a rational institution. We should use the Bill to explore better approaches on numbers and address the as yet obscure propositions that the party opposite has put on participation. That, too, could offer a way forward on numbers. The noble Baroness may say, and has said, “What about the disparity in party numbers?”. There is a disparity in numbers, though it has been worse in the past, but, as she well knows, I have said more than once in this House that too many Conservative and too few Labour Peers have been created. This can be addressed and we are open to discussion of other methods of redressing it.
I beseech the House to appreciate what I offered inside and outside this Chamber as your Leader and what I still offer from this side: a refreshment and renewal of the conventions surrounding the relations between this House and the other place, going beyond the Salisbury doctrine made for the old hereditary House. That is the only sure way to address disparities in numbers and ensure that the King’s government is carried on under all Governments. I still believe that is desirable, and I still think it is possible, but there is a great overarching convention that major constitutional change should follow reflection and discussion across party lines. That has not happened here. Convention rests on consensus, and I fear the appetite in my party for broadening conventions as I would wish risks being in inverse proportion to the Government’s appetite to drive this and other Bills through unamended. It need not go that way. It is in the hands of our Leader, the Leader of the whole House, with her unique influence at the Cabinet table with the Prime Minister, to follow her great predecessor in that place, the noble and learned Lord, Lord Irvine of Lairg, and urge a compromise that suits us all.
I end with a general point that should guide how we approach the Bill. This Bill, like it or not, risks destabilising the House. It will have far-reaching consequences, some unintended, many perhaps unavoidable. We have already seen in the other place how a plan to remove the excepted Peers has led to calls to expel the right reverend Prelates from Parliament. After the Bill passes and the last Law Lords fade away, the Bishops will be the only Members not here under the 1958 Act. They will be on an exposed slope if the north wind should blow.
This House has stood for centuries. We meet below the statues of those barons who, long ago on the meadow at Runnymede, constrained the power of the Executive and gave the British people Magna Carta rights. They did not do such a bad job, did they? The Bill snaps that historic thread, and the House it will leave will be one not centuries old but 66 years old.
Unless we make the right decisions on the Bill, this House will be vulnerable, for the upshot will be a House in which the power and prerogative of the Executive to stock it and direct how it is stocked will run ever wider. The untrammelled power to create new Peers will be matched by the power to use a majority in the other place to purge Members of Parliament, with 369 marked down to go in Labour’s manifesto.
Since the 1958 House was created, there been five Acts—in 1999, 2005, 2014, 2015 and 2024—to remove Members and alter composition. Why should we believe that the House will be immune to future Acts by future Governments to alter our composition to their advantage? History shows that what is once controversial slides easily into habit.
That is why those of us who love this House, as I do, might have wished that a Bill to change it would have come after, not before, consideration of all the proposals to fortify and improve the 1958 House. The noble Baroness the Leader of the House could have proceeded that way, but by tabling the Bill she has said she cannot wait for that and she declared it again in her speech—yet surely we must try.
Manifesto or not, as there is no accompanying stage 2 Bill—we do not see it, and who really believes that will happen?—then where better to scrutinise all the implications of change? Where better to consider legislative options, including those floated by the Government on participation, appointment, age limits and number, than on this Bill? It is the only vehicle that the Government have allowed us and there will probably be no other opportunity. Scrutiny of such matters is what Committee in your Lordships’ House is for, and if others do not lay amendments to enable consideration of these ideas, we on this side will—and let no one call it delay if Members of this House bring their wisdom and experience to bear to seek to improve the Bill and so improve this House. After all, that is what this revising House exists to do. Who will care for our future if we do not?
(1 year, 2 months ago)
Lords ChamberI am sure the party opposite has heard my noble friend’s comments. I think 75% might be a bit harsh.
My Lords, the noble Baroness rightly sets store by her party’s manifesto. The Labour manifesto pledged:
“At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords.”
Full stop, end of paragraph. Will the Government implement this very specific manifesto promise in this Parliament?
My Lords, how and when we implement our manifesto is, as it is for every single party, a matter for the Government. One of the things I committed to this House is having discussions on how we implement 80; I said that in the first Answer. There is also the issue of participation. I think the House will want to have a view on those things, and I am happy to accept representations on how they are implemented.