House of Lords (Hereditary Peers) Bill Debate
Full Debate: Read Full DebatePaul Holmes
Main Page: Paul Holmes (Conservative - Hamble Valley)Department Debates - View all Paul Holmes's debates with the Cabinet Office
(2 days, 2 hours ago)
Commons ChamberMy hon. Friend is right. One would think that the 1924 debate about bloodlines and pedigree as a basis for participation would no longer have any advocates, but it appears that a number of such advocates are left, a century later.
From the Parliament Act 1911 to the House of Lords Act 1999, the history of Lords reform is littered with examples of individual Members straining every sinew and making every different argument to try to resist reform. In 1911, Lord Curzon coined the term “the ditchers”—the Unionist peers who were to fight into the last ditch over the then Parliament Bill and whose efforts have acted as an effective block on further change. Today’s ditchers all sit on the Opposition Benches—
I guarantee to the Minister that, as a council estate boy from Lewisham, I am not someone who ever thought that my bloodline would get into the House of Lords—[Interruption.] One day!
I want to challenge the Minister about the points he has made about future reform. His party has a majority of 170, and we know that it won the general election. Why is he claiming that we are trying to block reform, which is completely untrue, while the Government are so lacking in ambition and do not have the courage or political will to bring a full package of reform to the House, which the Opposition might well support? What we are asking is why he is tinkering at the edges and then attacking us for not being in favour of reform, when he has refused to bring reform in the first place.
In respect of the hon. Gentleman’s bloodline getting to the House of Lords, I am sure it is only a matter of time before we see that.
In terms of the antics of the Opposition, I do not know whether the Conservative parliamentary party in the Commons speaks to peers, but it should talk to them about their behaviour on the Bill and other Bills that they have blocked and blocked and blocked. I understand that the Leader of the Opposition is apparently spending time to come up with credible policies—no one will believe that the Conservative party is in favour of wholesale reform of the House of Lords.
It has been more than 25 years since Parliament agreed to end the hereditary route, with a supposedly temporary arrangement to retain 92 hereditary peers. It is almost 200 years since the Great Reform Act 1832, which took away the hold of the great aristocratic families, opening up the franchise and taking their presence in electoral politics from monopoly to anomaly. Nonetheless, the hereditary principle remains in our Parliament: sometimes as symbol of tradition, sometimes as obstacle to real reform—as Conservative peers have recently demonstrated.
There is a real opportunity today for the shadow Chancellor of the Duchy of Lancaster. He has protested several times about newly found passion for wholesale Lords reform—
I can help the hon. Gentleman out on one issue: I can reassure him that he is most definitely awake; this is most definitely reality. Where I am afraid I will fail is in explaining the priorities on the Conservative Benches. The hon. Gentleman is quite right to draw attention to that.
I thank the Minister genuinely for giving way again; he is courteous and gentlemanly in doing so. I promise that this will be my last intervention. Could I just ask him about the difference between the problems he is discussing and what the Bill will enact, where a hereditary peer is not given membership of the House of Lords, but is still given the title and privilege of being a peer of the realm?
Quite simply, the amendment is trying to create the title as an honour without the actual membership. That is the difference. I had an exchange earlier about there being no barriers to life peerage; that is not saying no barrier to the title. The life peerage, if granted, obviously confers both the title and the participation. That is the difference between the two.
On the point about the amendment being unnecessary, as my noble Friend Baroness Anderson of Stoke-on-Trent stated in the other place—[Hon. Members: “Hear, hear.”] Family connections exist on the Government Benches, as well. The UK already has an extensive and long-standing honours system, which recognises and promotes the outstanding contributions made by individuals the length and breadth of the country and from all sections of society.
As has been said, being appointed as a peer is an honour, but it also brings the responsibility to contribute to the work of the second Chamber. The Government have a manifesto commitment to introduce a participation requirement to ensure that all peers contribute to the work of the other place—an approach that has received widespread support from peers. I certainly do not think that creating another layer to that system to provide for the statutory creation of non-sitting peers is in keeping with the mood of either House. I therefore urge the House to reject Lords amendment 3.
I turn finally to an issue on which I hope there will be cross-party consensus, which is resignation by power of attorney. Lords amendments 4, 5, 6, 7 and 9 would allow the House of Lords to set out arrangements for resignation from the other place where a peer lacks capacity, including when someone is acting under a lasting power of attorney. During the passage of the Bill in the other place, it became clear that there was considerable support to address in legislation the long-standing concern that Members who lack capacity were unable to resign from the House of Lords, and the Government have listened and acted. Following discussions with peers across the House of Lords, the Leader of the House of Lords brought forward these amendments to address the matter. What they make clear is that a notice to resign from the other place may be given and signed by a person acting on behalf of a peer who lacks capacity, providing that it is done in accordance with the Standing Orders of the House.
The amendments relating to resignation would come into force on Royal Assent to ensure that families who wish to avail themselves of these new arrangements do not have to wait until the end of a parliamentary Session to do so. It seeks to provide certainty to peers who have raised this issue. It is a solution that has received unanimous cross-party support in the other place, and I hope that the shadow Chancellor of the Duchy of Lancaster will confirm the support for that amendment.
This a short and focused Bill. It delivers on a manifesto commitment to immediately remove the right of hereditary peers to sit and vote in the House of Lords. It is not personal, and nor is it a comment on the contribution that hereditary peers have made. The Government are grateful for their service in the other place, and I stress again that there are no bars on them returning as life peers if their party leaders wish to nominate them. However, the time has now come to deliver this immediate reform, so that we can move on to further reform of the other place, as set out in our manifesto, and deliver on what was promised in July last year. I therefore urge the House to support the Government’s position.
I do not recall us saying that it was a terrible idea. I distinctly remember many Conservative peers speaking in favour of it actually, but that is part of the joy of the independence of the upper House, which, as I will shortly explain, risks being undermined by this legislation.
What the Government are now trying to do is remove a group of public servants who have done nothing wrong and who have simply served their country and continue to do so. The reason they are being removed is very clear: the Government cannot rely on their votes. Consequently, they are attempting to take a group of opponents out of Parliament by Act of Parliament. This is simply Cromwellian. I am not suggesting that the Prime Minister is a second Cromwell. Cromwell was a great man—a “brave, bad man” as Clarendon said—while the Prime Minister is just a man.
I do not believe that the Government have Cromwellian intent. They are doing something clumsy and foolish, but—I mean this seriously—what they are doing will set a precedent. I do not believe it is a route that the Paymaster General would follow, but the people who come after him may be much more like Cromwell than he. [Interruption.] There is laughter from behind the Paymaster General, but I want us to think seriously about what future Parliaments might look like. If the precedent is set that political opponents can be removed by Act of Parliament, someone in the future, even if maybe not tomorrow, in two years or in 10 years, will point back to this—I guarantee it. It does not need to happen this way.
We have a group of people already in the House of Lords and already doing a job. Take Viscount Stansgate, who is an excellent Member of the House of Lords and Deputy Speaker. As I am sure hon. Members know, there are 65 hereditary peers who sit on parliamentary Committees, so this change will be enormously and unnecessarily disruptive to the working of the House. It would be much better to leave them in place and let them do their jobs.
On that point, I think of peers such as Patrick Courtown, the Opposition Deputy Chief Whip, who has served in the other House since 1975 in a number of ministerial capacities. That is because of where he was born, but there is a risk in seeing Members laugh about rich and privileged hereditary peers. This is not “Downton Abbey” any more, and many of these people have given their life to this Parliament. Does my hon. Friend agree that should the Government get their way this afternoon, there needs to be an urgent conversation about support for those hereditary peers who may suffer after losing their positions in the other House? The Minister raises his eyebrows, but many peers in that House are not stately home owners but people who have given their life and position to this Parliament, and they will need support going forward.
I am interested in my hon. Friend’s excellent point, and I hope the Minister will respond to that in his closing remarks.
What we will see is the removal of a group of public servants to make way for Labour placemen and Labour stooges—a huge act of patronage. I do not think anybody here believes that will improve scrutiny. It is just a numbers game. It is simply an attempt to give the Government a more compliant majority in the House of Lords, which they do not need. The Government will be able to get their business through the House of Lords anyway, so this is an unnecessary change that, despite the comments of the Paymaster General, belittles the contribution of the peers who already sit. It belittles their service, and it does not need to be done.
I turn to Lords amendment 2, on pay. I was interested by the Paymaster General’s response and listened closely to the detail he set out. There is an important principle here. We ask people to serve as Ministers of the Crown, and I think most of our constituents would agree that those Ministers should be paid. Members of the House of Lords are on no salary. They can collect their £361 a day if they turn up, but let us assume that one such Member is an unpaid Minister in the Home Office. They will find that on many working days they will be expected to travel—perhaps to Northern Ireland, Scotland or the north of England—and they will not be able to collect their allowance. On top of that, for taking on that important, unpaid job, they will also, for understandable reasons, have to give up their outside interests.
That means simply that many people in the House of Lords can afford to take ministerial jobs only if they are already of considerable means. I just do not think that the Paymaster General, in his heart of hearts, wants to see the perpetuation of that. If he does not agree with the Lords amendment, will he confirm whether the Government intend to bring forward comprehensive plans on that?
I will correct the Paymaster General on one small point of fact. He said that if Ministers in the House of Lords were paid, we would need to reduce the number of Ministers in the House of Lords as only a certain number of Ministers can be paid.
My hon. Friend makes a valid point. A point that has been made by other Members, including from the Opposition Benches, is that there is nothing stopping the Leader of the Opposition putting forward any hereditary peers for life peerages.
The hon. Gentleman says that the Leader of the Opposition could give those peerages, but he will be aware that that is organised through the usual channels, in conjunction with the Prime Minister and members of the governing party. We would be a lot more comfortable talking about the replacement of hereditary peers if the Minister had come with any clarity on the conditions that may be set going forward, but we have had none of that. I challenge the Minister to say that hereditary peers can be put in as life peers. We would like some more information on what we are getting.
The hon. Gentleman makes an interesting point. This is about priorities and choices. The Leader of the Opposition will be able to nominate people this year and next year—and maybe the year after, if she is still in place. She can make a decision on whether to put forward a hereditary peer or someone else during that spell.
Fine, let me put it this way: the hon. Gentleman is supporting the position that his peers are taking, which is in breach of that convention.
I will give the hon. Gentleman another chance, because he is trying to put a defence up on that particular precedent. He supported the closing down of Parliament in 2019, and now he sits here lecturing me on precedent. I think it is best not to take any lectures from the shadow Chancellor of the Duchy of Lancaster on that.
There was an opportunity for the Opposition this afternoon. They did not have to join in with the filibustering tactics that have been used, with tens of hours of debate on this very narrow Bill. The shadow Chancellor of the Duchy of Lancaster could today have not joined in, but he will lead his troops through the Lobby to continue to try to block these reforms. That is what this is all about. It is not, as he pretended, about trying to improve the Bill. It is not that those on the Tory Front Bench are secretly in favour of radical reform, and this is not radical enough for them. They are trying to wreck this Bill, and that is exactly what he will do as he goes through the Lobby with his troops later.
The Minister may remember that at the beginning of the debate, I asked him to bear in mind the circumstances of some of the people who have given their life to this place over the last 25 or 30 years and are not in the best financial health. We are not in “Downton Abbey”—the film had its premiere last night. If he makes the decision to get rid of hereditary peers immediately, what support will be put in place by the House authorities, which I know he would want to work with, and the Government to ensure that those people are looked after? May I push him to consider the more practical proposal of waiting until the end of the Session, rather than immediately getting rid of the hereditary peers?
It is not my decision; it was the decision of the British people at the last general election in supporting our manifesto. If the Bill gets on to the statute book, hereditary peers will leave at the end of this parliamentary Session. I repeat the point we have heard throughout the debate: there is no barrier to them becoming life peers. Indeed, there is no barrier to them standing to become Members of this House if they wish to continue their public service.