House of Lords (Hereditary Peers) Bill Debate

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Department: Leader of the House
My purpose is basically to persuade the House that limiting appointments to the number of departures will be a key principle in maintaining this House no larger than the Commons for the longer term. I also hope that the noble Baroness the Leader of the House recognises that this issue should be an integral part of the discussions of the proposed Select Committee. If the measures she has mentioned are successful in reducing the House’s size, it is crucial that they are not offset by a surge in appointments. This amendment will prevent that happening, and I look forward to her response. I beg to move.
Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I have added my name to Amendment 23, moved by the noble Lord, Lord Burns, and I will add a brief footnote to his speech.

When this country is confronted with a controversial issue, it frequently turns to the noble Lord, Lord Burns, for an answer. Those of us with long memories recall his Committee of Inquiry into Hunting with Dogs in 1999 and his Independent Commission on Freedom of Information in 2015. No sooner was that completed than we had the Burns commission on the size of the House in 2016. That followed a debate on 5 December 2016, in which the House agreed, without a Division, that

“its size should be reduced and method should be explored by which this should be achieved”.

The Burns report recommended that the size of the House should be reduced to that of the other place—then 600, now 650—and that the target should be achieved over time by a two out, one in rule. It suggested that, when it reached the cap, new appointments should reflect the result of the last election and be on a one in, one out principle. The report was welcomed by the Public Administration and Constitutional Affairs Committee in the other place.

We debated that on 19 December 2017; 72 noble Lords spoke and there was general approval. Winding up, the noble Lord, Lord Burns, said:

“The question I asked myself and members of the committee asked themselves was whether we should wait to make any progress on these other issues until we had a slot for legislation, or should try to put together a system that could be worked on on a non-legislative basis, but which legislation could be brought to bear on at a later point. That certainly remains my position, having heard the points that have been made today”.—[Official Report, 19/12/17; col. 2106.]


That is what then happened. We proceeded on a non-legislative basis and it clearly has not worked—the House is bigger now than it was then. That is not because noble Lords have not risen to the challenge by retiring—or, indeed, dying—but because, with the notable exception of my noble friend Lady May, Prime Ministers have been overgenerous with their appointments.

As the non-legislative option proposed by the noble Lord, Lord Burns, has not worked, we are left with the other option—legislation—and that is now before us. Winding up for the Lib Dems, their then spokesman Lord Tyler confirmed his party’s support for legislation, if the voluntary scheme failed. He said:

“Unless the Prime Minister is willing to abide by this constraint, we might as well give up now, and without a statutory scheme her successors cannot be held to her agreement in law either”.—[Official Report, 19/12/17; col. 2098.]


I then looked up what the current Leader said in that debate, when she was Leader of the Opposition. I quote:

“are any of the objections that have been raised insurmountable?”

These are the objections to the Burns report. She went on:

“I do not consider that they are but there is one insurmountable issue: the role of the Prime Minister and of the Government. This will work only if the Government play their part. It is not about giving up patronage or appointments but about showing some restraint, as it used to be”.


Since then, there has been no restraint. She concluded:

“If the House and the Government are to show respect for the work they”—


the Burns committee—

“have done, we will take this forward. I noted that a number of noble Lords quoted from songs and plays. I will quote Elvis Presley, when he sang, ‘It’s now or never’”.—[Official Report, 19/12/17; col. 2104.]

Clearly, then it was not “now”, but nor need it be “never”. If we meant what we unanimously voted for in 2016, we should support Amendment 23. We may never get the opportunity again.

Baroness Hayman Portrait Baroness Hayman (CB)
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My Lords, I rise to speak briefly in support of this amendment, to which I have added my name. The noble Lord, Lord Burns, has come up with an elegant formulation—as he did several years ago in the committee he chaired—for a way out of the conundrum that we have. However good our provisions in terms of people leaving the House are, if we do not have any constraint—any guardrails at all—on people coming into the House, when we have a general election where there is a large majority, we will always see the ratcheting effect. We have seen that recently; there is every possibility that we will see it again in the future. It is tremendously important that we try to take some steps now.

The size of the House overall does matter. I am delighted that the noble Lord, Lord Gove, is in his place, and I am delighted that he obviously has become deeply affectionate and committed to the work of this House. I disagreed with most of his speech, but one thing he said that was incorrect was that the House was in danger of being bullied by those outside into thinking that it was too big and had to change. That is not the situation. As the noble Lord, Lord Young, just said, this House has repeatedly recognised the need for it not to grow exponentially, and has repeatedly recognised the danger of it being larger than the House of Commons. I say to the noble Lord, Lord Gove, that other second chambers across the world manage to find the right combination of expertise and experience without rising in their overall numbers to pretty near four figures—which is where we are in danger of going.

I believe it is tremendously important. There are those who say, “Oh, it doesn’t matter. Look at the average attendance figures. People aren’t claiming their allowances. None of this matters”. I spent five years as Lord Speaker and, in those five years, I do not know how many speeches I made about the House of Lords. The thing that most people knew about the House of Lords was not that it was brilliant at scrutiny, and not that it had fantastic Select Committees, but that only China’s National People’s Congress, in the whole world, had more members.

That issue of reputation should not be the only one that drives us; we should recognise that we need a House peopled with enough Members to do the job we ask it to do, but we do not have to have an expert on every single issue in the world. We have Select Committees that can call for evidence; we can hear that expertise. We need a House of a reasonable size and I suggest that it should be no larger than the House of Commons. Others have suggested much smaller Houses. They look at the United States Senate. They look across the world and say that other people manage with less. I believe that, as a part-time House, we need larger numbers because not everyone is here all the time and that is important—