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

Lord Tyler Excerpts

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

[Lord Tyler (LD)]

My Lords, I congratulate the noble Lord, Lord Grocott, very sincerely on his persistence and on his success in the lottery—or raffle or lucky dip. Despite what the noble Lord, Lord True, has just said, it is not a ballot in the true sense; it is yet another curious anomaly that we should perhaps deal with on another occasion. I and my colleagues will be pleased to give constructive support to the Bill and, with the unusual two-year Session that we have, hope that it will make progress to the other House and achieve cross-party endorsement there.

The noble Lord gave a very clear account of the Bill’s purpose, which I do not need to repeat. However, it is surely necessary to provide some historic context to dispel some misrepresentations, some of them mentioned again today.

The invention of hereditary Peers’ by-elections was the product of the so-called Weatherill amendment in May 1999. In effect, this was grasped by the then Labour Government and the Conservative Opposition in your Lordships’ House as a short cut to try to prevent last-ditch filibustering over the former’s limited reforms of the composition of this House. It was a simple agreement between the two parties, with no involvement by the Liberal Democrats. I do not think that there was even any participation—formally, at least—by the Cross-Benchers, despite its very considerable significance for their Benches. Cynics could describe it as a two-party stitch-up.

The then Leader of the Liberal Democrat Peers, my noble friend Lord Rodgers of Quarry Bank, challenged the need for that amendment in the debate on 11 May 1999 as follows:

“There are many noble Lords who could make a valuable contribution to a post-Royal Commission House, if that turns out to be not wholly elected. But their future should be as life Peers, not as residual elected representatives of the hereditary peerage”.


Even more relevant to today’s debate, he went on to express serious scepticism about the claims that these fudged provisions would be strictly temporary. With his proverbial prescience, he said:

“The noble Lord, Lord Weatherill, referred to them as ‘temporary provisions’. The noble and learned Lord the Lord Chancellor made it plain today, using strong words, that this would last only through the transitional House and that the transitional House would be brought to an end in the next Parliament”.


I underline those words. He continued:

“However, if I were a betting man I would lay long odds that if Amendment No. 31 is carried, there will still be hereditary Peers in this House in 10 years’ time and possibly for much longer”.—[Official Report, 11/5/1999; cols. 1098-1100.]


This two-party fix was intended to last for perhaps 18 months; it is long past its sell-by date 18 years later.

I have some sympathy with the objections of some of the remaining hereditary Peers—if they do not regard it as an insult, perhaps I could refer to them as the “remainers” in this context. They were, after all, given explicit assurances by very senior government Ministers, supported by the Conservative Opposition, that this curious anomaly would stay only until the proposed full, comprehensive, democratic reform was implemented. I refer to the argument put forward, not least by my noble friend Lord Rennard and the noble Lord, Lord Pannick, about the notion of “binding” agreements being totally irrelevant. In that context, it was an intention of the then Ministers that in the following Parliament further reform would take place. It was not, in the same sense, a binding resolution on this or indeed the other House that every succeeding Parliament would have to fulfil those obligations. In that sense, I think that that “binding” suggestion was illegitimate.

However, the Blair Government failed to deliver on their various manifesto promises in that respect and, as has been mentioned, the noble Lord, Lord Grocott, was a very distinguished member of that Government. Therefore, he must also acknowledge that, if the coalition Government’s proposals of 2012 for Lords reform, backed by all parties, had been followed through, this anachronism would have been removed and there would be no necessity for his further attacks today.

Sadly, despite the best efforts of the then Sir George Young—now the noble Lord, Lord Young of Cookham —that Bill failed, even with a record 338 majority in the Commons for its Second Reading. It was not defeated, despite some post-truth claims, not least in this House. It was actually supported by majorities in all three major parties, but the Labour Front Bench decided to play silly party games with Conservative rebels, refusing to agree to any timetabling of its Committee stages.

There are some Members—and they have been vocal today—who are still clearly awaiting that wholesale reform. I have always been committed to a major reform with cross-party support, so I understand their position. However, those purist supporters who are awaiting wholesale reform, and are using that as an excuse not to make any incremental changes to the way in which this House is composed, seem to be taking a completely ludicrous position in an Alice in Wonderland world. Taking the view that maintaining this absurd anachronism helps to gain and maintain support for full democratic change is an illusion as well. I do not believe that that tactic holds water any longer.

Clearly, the overloaded agenda of Brexit ahead of us means that Parliament will not have time to process anything comparable to the cross-party proposals of 2012.

I do not believe that any tweaking, as suggested by the noble Lord, Lord Cope, would be accepted by the electorate. I do not think that the public would see that as a real improvement and I do not think that we in this House would feel comfortable with such a minor change.

However, I believe that the continuation of this now totally discredited and outdated stitch-up does nothing to enhance the reputation of the House of Lords. It is surely time for it to go. In particular, I hope that the Minister was listening very carefully to his noble friend Lady Berridge. It is a clear priority for the Government to take an initiative in this respect and give full support to the Bill proposed by the noble Lord, Lord Grocott, not least in regard to gender and ethnic equality. I support the Bill.