House of Lords Reform (No. 2) Bill

Debate between Peter Bottomley and Dan Byles

Friday 18th October 2013 Commons Chamber

[Dan Byles]

That is an interesting point for debate, but I would argue that the Bill before us today could well be argued to be far more of an HR Bill—a human resources or housekeeping Bill to tidy things up by introducing relatively modest methods to allow those who wish to leave the other place to do so, and to allow the removal of criminals, bringing the House of Lords into line with this House.

[Sir Peter Bottomley (Worthing West) (Con)]

I understand that my hon. Friend does not regard this as a first-class constitutional Bill, but does he regard this as a first-class second-rate constitutional Bill? Will he deal with the difference between this House and the other House, were the Bill to be passed? Someone can be elected to this House and not come here, on the basis that they do not want to—Sinn Fein Members, for example, are in that category, at least at the moment. Would there be a similar position in the House of Lords, if someone decided to join Sinn Fein and said they did not want to come? Would they have to apply for leave of absence, because that would require them to recognise the sovereignty of our monarchy and our system? Has he considered that?

[Dan Byles]

That would be right. If there were a Sinn Fein peer who did not wish to attend, they would require a leave of absence; otherwise, under the Bill, they would cease to be a peer. I consider that there is a fundamental difference between those who have been elected to this House and those who, leaving aside the small number of hereditaries, are appointed to the other place. They are appointed to the other place in order to provide a service and a duty to their country, and if they are not doing so, it is perfectly reasonable for the House to decide that they should be removed and replaced with someone who will.

The reason why the current system has failed to meet its objectives is that it is neither binding nor permanent. Such an objective could, however, be achieved by the introduction of the retirement scheme provided for by the Bill, and the introduction of a scheme that would address the problem of non-attendance by certain Members.

Clause 2 provides that a peer who does not attend the House of Lords during a Session will cease to be a Member of the House at the beginning of the next Session. The provision will apply only if the Lord Speaker certifies that the peer did not attend at any time during the specified Session, and that they did not have leave of absence in respect of the Session. The provision will not apply where the Session is less than six months. Receiving a peerage is a great privilege, but it is one that comes with a significant responsibility: that of making an active and constructive contribution to the business of Parliament. Those absentee Members who fail to attend are not fulfilling their duty, and it is apposite and appropriate that they therefore forfeit their right of membership.

--- Later in debate ---

[Dan Byles]

I will be here, and I will be more than happy to take part in that debate. I wish my hon. Friend a good deal of luck with it.

[Sir Peter Bottomley]

Has my hon. Friend covered clause 5 yet?

[Dan Byles]

I believe I have alluded to clause 5.

[Sir Peter Bottomley]

Has my hon. Friend taken advice from the Clerks, the Clerk of the Parliaments or even you, Mr Speaker, about whether the words

“shall not be questioned in a court of law”

will now be required in all legislation that we do not want questioned in courts of law? It seems to me that if Parliament is sovereign, what a Speaker or Lord Speaker does should automatically not be questioned in a court of law. If we put those words in one piece of legislation, will the courts then say that if they are not in another piece of legislation, they therefore have jurisdiction? That problem probably turns the Bill from a second-rate Bill into a first-rate Bill in importance, but means that it is not first-class any more.

[Dan Byles]

I am not sure whether to thank my hon. Friend for that last bit, but I am not a parliamentary draftsman and that wording was put into the Bill on the advice of the Clerks. His point is interesting, and I am not qualified to comment on it, but that wording was drafted by the system, so to speak. If we feel that it sets a dangerous precedent that might require it to be put in all future Bills, I would be more than happy to discuss that point in Committee and address it if necessary.