House of Lords (Hereditary Peers) Bill Debate

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Department: Cabinet Office
Edward Leigh Portrait Sir Edward Leigh
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Well, here we are again. The House of Commons and the House of Lords love debating reform of the Lords—we have been doing it for over 120 years. But we have made a bit of progress: at least, after all this time, we seem finally to have killed off the idea that the House of Lords should be elected. That is a great step forward, and I congratulate the Minister on his wisdom in realising that that would just replicate the sort of system that they have in Washington and make it virtually impossible to have coherent government. I say well done; I think that we should give credit where it is due. The poor old Liberals have been dreaming about reform with elections for 100 years, but I am afraid that it is not going to happen.

I will, though, take issue with the Minister for being a bit cruel about the Conservative party when he accused us of having been relentlessly negative for all these years. He seems to have forgotten that in the 1920s—we have heard about 1924—the Conservative party led the debate on making the House of Lords a genuine Parliament of the Commonwealth, and very innovative ideas were coming out of the Conservative party. He blames the Conservatives for endlessly blocking reform, but it was actually the unholy alliance of Michael Foot and Enoch Powell during the Wilson years that blocked the last real attempt at House of Lords reform.

Phil Brickell Portrait Phil Brickell (Bolton West) (Lab)
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The Father of the House mentions Conservative party policy in the 1920s and 1960s. Maybe he can recall better than me, but I do not believe there was any mention of House of Lords reform in the Conservative party general election manifesto last year. Will he illuminate the House on Conservative policy on reforming the other place?

Edward Leigh Portrait Sir Edward Leigh
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Our policy is very sensible: gradual evolution and reform. That is what the Conservative party is all about.

This is an historic day, and it is a rather sad one. After the Crown, the House of Lords is the most ancient part of Parliament, and the hereditary peers are the most ancient part of the House of Lords Chamber. One can laugh at history and say, “This is all old hat,” but history is important. This all evolved from the Magnum Concilium, or Great Council, of England. The coming together of England into a single realm was through the witans assembled by the King, comprising nobles and prelates. Bishops, abbots, ealdormen and thegns came from across the land. It was not just their privilege but their feudal duty—it was all about duty—to give the King counsel and consent.

It slowly evolved so that some peers sat in Parliament by their office, such as the Bishop of Lincoln, or by their hereditary title, such as the Earl of Arundel. I repeat this point: I cannot understand the contempt and hatred for people just because they have their office by virtue of heredity. The hereditary peers are the only people in the House of Lords who are actually elected by anybody.

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Pete Wishart Portrait Pete Wishart
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Sorry, Madam Deputy Speaker. I am getting a little bit carried away.

The amendments would ensure that the aristocrats remain in the other place, but they will not succeed in that aim—I think we have all sort of agreed on that; it looks like they are gone—but the rest of the strange assortment of people who we find in the House of Lords will still be there. It will become a House of patronage from the Prime Minister, and we are already beginning to see that. Some 57 new Labour peers have been introduced to the House of Lords since the last general election, and we have heard from The Guardian that dozens of new Labour peers are about to be introduced. That does not seem like a Government who are keen on even more House of Lords reform; it seems like a Government who want to create a new set of Labour Lords at the expense of the hereditaries, and the public are thoroughly and utterly sick of it. Only 21% of the British public approve of the House of Lords in its current condition. Most want to see it abolished. Certainly nearly everybody wants to see the hereditaries gone, and I support them in that vision. The Labour party promised, 115 years ago, to abolish the House of Lords. I think it will take at least another 115 years before we see the next set of reforms.

Phil Brickell Portrait Phil Brickell (Bolton West) (Lab)
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I will start by setting out some context for why the Bill, though small, is so important and why I am delighted to be speaking in its support. I will then address Lords amendments 1, 3 and 8 directly. As has been mentioned in the debate, in 2024, Labour promised to end the right of hereditary peers to sit and vote in the other place. In 2025, that is exactly what the Government are delivering, and not a moment too soon. The principle at stake here is simple, and it is about the principle, not the process. No one should make laws for the British people, claim a daily allowance or influence the future of this country purely on the basis of who their great-great-grandfather was. In my estimation, that idea belongs in the history books, not in a modern democracy. It is incompatible with the Labour party’s values and anathema to the values of the British people in 2025.

Of course, the Conservative party will resist. We have already heard diversionary tactics today, with talk about the Blair Government’s reforms in 1999, when we all know that previous Governments do not bind the hands of future ones. We have heard about next steps and whether a statutory Committee or a Select Committee is the right thing to do. Having asked the Opposition about their official policy, I am still unaware what it is. Indeed, we heard from the shadow Chancellor of the Duchy of Lancaster, the hon. Member for Brentwood and Ongar (Alex Burghart) about his concerns that this is all a numbers game. I remind him that UCL’s constitution unit has done the maths. In fact, were the changes to come into effect, the Conservative peers would still be the largest group of all the parties in the other place—larger even than the Cross Benchers. The Conservatives would see a minor reduction in composition from 34% to 32%.

The Father of the House, the right hon. Member for Gainsborough (Sir Edward Leigh) mentioned that he is not supportive of an elected upper Chamber. I am still at a loss about exactly what a gradual change in the composition of the upper House means.

James Asser Portrait James Asser (West Ham and Beckton) (Lab)
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My hon. Friend mentions gradual change, which was apparently the policy of the Conservative party. Does he agree that a six-month temporary arrangement that takes a quarter of a century to overturn is the epitome of gradual?

Phil Brickell Portrait Phil Brickell
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My hon. Friend makes an excellent point. That is exactly the concern that I and many Members on the Government Benches have. Long-standing reform is well overdue. We also heard about the principle of monarchy, and mention was made of constitutional monarchies.

Pete Wishart Portrait Pete Wishart
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On a point of order, Madam Deputy Speaker, was it right to say to me that I was going off topic when it came to a small Bill with a number of Lords amendments, when it seems like the hon. Gentleman is doing exactly the same thing? From what I recall, practically everybody else has done that, too.

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Phil Brickell Portrait Phil Brickell
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Thank you, Madam Deputy Speaker. I will come to the amendments very shortly.

Mention was made of constitutional monarchies. A number of European countries have constitutional monarchies that have a hereditary principle, but none of them has hereditary Members in their Parliaments. Mention was also made of the hereditary principle for parliamentarians being somewhat unique, and of the principle of mandatory retirement at a certain age—indeed, the right hon. Member for South Holland and The Deepings (Sir John Hayes) mentioned it. Of course, that principle also exists in the judiciary, and I do not see any objection there from a human rights perspective.

UCL’s constitution unit found that a clear majority of the public—60%—want hereditary peers gone for good. Who can blame them? The record speaks for itself: not a single female hereditary peer has been elected in 66 years, over a third of hereditary peers are concentrated in London and the south-east, and by-elections are so farcical that they verge on satire. By-elections are in scope of Lords amendment 1, which I will come to shortly.

My electorate in Bolton West is about 76,000 electors. In July last year, 17,363 people voted to elect me as their MP in order to give them a voice in this Chamber. But in 2018 one hereditary peer was elected with a dozen votes—fewer than it takes to become a parish councillor.

John Slinger Portrait John Slinger (Rugby) (Lab)
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As my hon. Friend was giving his eloquent and excellent speech, I was reminded of a comedy series called “Blackadder”, in which such bizarre electoral practices happened on our television screens. It is a shame that they seem to be happening even today.

Phil Brickell Portrait Phil Brickell
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My hon. Friend makes a very good point; indeed, he talks of one of my all-time favourite comedies. It speaks to the need for drastic reform of the other place, which is long overdue.

In a Tory by-election in the other place, another peer asserted that fellow Members should vote for him because he

“races on the Solent and gardens enthusiastically”.

The electorate for that vote were a grand total of 43. These are not truly democratic contests. They do not seek to promote those with the very best talent and expertise to serve this country. Such by-elections lack the fundamentals of what should be at the heart of this mother of Parliaments: transparency, accountability and scrutiny.

Since 1999, there have been over 30 of these bizarre contests, all with vanishingly small electorates—a process that is, frankly, long overdue reform. They have all produced lawmakers by accident of birth, and that is the principle to which I and many Members on the Labour Benches object. That is why I will be voting against the Lords amendments today.

John Hayes Portrait Sir John Hayes
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Just to refresh my memory, which Government instituted the arrangement whereby a certain number of hereditaries stayed and the kind of election that the hon. Gentleman describes was introduced? Was it a Tory Government, or was it a Labour Government?

Phil Brickell Portrait Phil Brickell
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The right hon. Member will have heard me mention previously that previous Governments do not bind the hands of future Governments, and that this Bill was a manifesto commitment last year.

That leads me on to the amendments that have come back from the other place. Lords amendments 1 and 8, tabled by the noble Lord Parkinson, propose ending the by-elections for hereditaries but retaining the current cohort. The amendments would hollow out the Bill and perpetuate the very problem that we are trying to fix. I urge colleagues in the other House to respect the Salisbury convention, which has already been mentioned today: this House has primacy on election-winning manifesto pledges. Conservative colleagues have ample opportunity this afternoon to confirm that they respect that constitutional convention, and I wait with bated breath to hear them speak to that, but we cannot scrap only the by-election process. As I say, it is the principle of hereditary peers that is so objectionable, which is why I will be voting to make sure that this Bill gets on to the statute book.

Many hereditary peers have made valuable contributions —I have worked alongside some already in the short amount of time I have spent in this place—but those who want to continue serving can and should do so on merit. They can stand for elected office, they can be nominated for life peerages, and HOLAC can continue to recommend strong Cross-Bench candidates. This Bill is not an attack on individuals; it is an attack on the medieval principle of privilege by birth. No one should sit in our Parliament because of the deeds of their ancestors centuries ago. Lords amendments 1 and 8 are not about accountability and they are not about democracy. They are patronage dressed up as Parliament, and the Conservatives, in 14 years in office, did absolutely nothing to change the hereditary principle.

Lords amendment 3, from the noble Lord True, is about so-called non-sitting peerages. Let us be clear: peerages should not be sinecures. If the idea is simply to allow hereditary peers to retain their titles without sitting, what social value does this amendment provide? If we want to honour people’s contributions, we already have a system for that—the honours process, with knighthoods, CBEs and MBEs—as the Paymaster General stressed. This amendment looks less like reform, and more like a way of preserving influence. We have already seen the pattern with titles handed out as bargaining chips or rewards for party donations. This debate has been quite good-humoured, but I do have to flag the Conservative party’s tradition of ennobling its treasurers. I take no pleasure in quoting this, but as one former Conservative party chairman admitted in 2021:

“Once you pay your £3 million, you get your peerage.”

That is not public service; it is politics for sale, and it is exactly what the public are fed up with.

In summary—

Pete Wishart Portrait Pete Wishart
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Will the hon. Gentleman give way?

Phil Brickell Portrait Phil Brickell
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I will give way on that final point.

Pete Wishart Portrait Pete Wishart
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Yes, there are of course some appalling practices with the Conservatives rewarding their donors with peerages, but does the hon. Member not remember cash for honours? There was a police investigation, and Tony Blair was actually questioned by the police. This goes on in all parties, and each of them is a disgrace.

Phil Brickell Portrait Phil Brickell
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In summary, this Bill is about rebuilding trust in politics. It is about ending practices that belong to the 18th century, not the 21st. It is about showing the British people that Parliament works for them, not the privileged few. Let me also say that this Bill is just the beginning, and I am committed to wider reform of the second Chamber: to improving its national and regional balance; to introducing, yes, a mandatory retirement age; to requiring meaningful participation; and, ultimately, to replacing it with a more modern second Chamber fit for the 21st century. That is the path to a fairer, more accountable and more democratic politics. It is what Labour promised, which is why I am proud to see the Government delivering on it.

Jack Rankin Portrait Jack Rankin
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I rise to speak to Lords amendments 1 and 8, and therefore against the motion, in two minds. I say in two minds because I find the unilateral removal of the hereditary peers without seeking consensus, which is what a rejection of Lords amendment 1 would mean, both regrettable and exciting. I would like to take each of these two polarising mindsets in turn.

My first emotion is regret. Britain has something of a Schrödinger’s cat constitution. We are simultaneously a modern, plural and open democracy, and a kind of autocratic theocracy. Our national motto, “Dieu and mon droit”—God and my right—points to the hereditary monarch being appointed by and accountable only to God. We have a state religion in England and Scotland, and in England the divinely appointed monarch is the Supreme Governor of the Church. The bishops, whom the King appoints, sit in our legislature, as do hereditary peers, who are the focus of the amendment. The King appoints the judiciary and is the commander of the armed forces. On paper, as Labour Members have pointed out, the country with which we have most in common is the demonic Islamic Republic, but unlike Iran we have simultaneously free and fair elections, broad debate in a free press, and freedom of religious and belief, and we are an open member of the international order.

The point is that we would never design our tapestry of a constitution. In many ways it is absurd, but it is organic. It is rooted in the millennia of history. In two years’ time, we will celebrate the 1100th birthday of England, the most remarkable nation on earth, which a majority of us in this place are fortunate to have won the lottery of life to be born in. We should be respectful of that evolution, because that evolving constitutional order has empirically served us well. It is how it works in practice that matters, not how it looks on the ideological grand planner’s piece of paper.