House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] — House of Lords, 2018-03-23
Topic: Government Operations
David Trefgarne (Conservative, Centre-right): My Lords, this is the second Bill that the noble Lord, Lord Grocott, has introduced on this matter. Neither has ever found favour with the Government, who have consistently said that they will not give time for the Bill in the other place—that is, if it manages to pass through your Lordships’ House. No new arguments have been made in favour of the Bill, although the debate on who should sit in the House has moved forward with the thoughtful contribution of the noble Lord, Lord Burns, yet the noble Lord, Lord Grocott, has not found it possible to adjust his Bill at all I should add that I have come here not to stop further debate on the Bill; I am here to play a part in the Committee stage, but I have put forward this amendment to ask the noble Lord, Lord Grocott, whether he might reconsider his Bill rather than continue with it today. It would be unfortunate to do so, as it would be better to continue by agreement and give the noble Lord the opportunity to think again. If he does not wish to reconsider, we will no doubt press on with the amendments tabled for the Committee stage To add to my point that we have discussed this Bill many times since the debate at Second Reading, we have had the report of the noble Lord, Lord Burns. His is an important contribution to the overall debate about who should sit in this House. As your Lordships may know, in the long term I am actually in favour of the rather unfashionable idea of electing our representatives to Parliament, but I know that many Members of your Lordships’ House profoundly disagree with that—some, no doubt, think that they are better themselves. Be that as it may, there are many ways into this House. First, there is the traditional route. Since the start of the century there has been a massive increase in political patronage by party leaders. That is the most straightforward way to become a Member of your Lordships’ House. Next, we have what used to be called "the people’s Peers", selected by a small but outstanding group of individuals chaired by the noble Lord, Lord Kakkar. Those selected make a useful contribution and sit on the Cross Benches. We also have the spiritual Peers—the Bishops and Archbishops—who grace our Benches and make such a difference to our debates We used to have the Law Lords, and I am sorry that they have gone, but there was an excellent suggestion in the Burns report that the Justices of the Supreme Court should be given seats in the Lords. If we ever had an 80% elected House, I would support the judges being part of the other 20%. Not only do they help to improve the quality of legislation but, as judges, they see very clearly some of the compromises that parliamentarians wrestle with every day and, ultimately, have to make. This better understanding of the legislative process is good for them as the most senior members of the judiciary and good for us as legislators as we hear their views Then there are the remaining hereditary Peers—92 Members of your Lordships’ House, or about 12% of the total—who are entitled to sit here by statute passed as recently as 1999. That legislation was, incidentally, agreed across the parties in both Houses as a useful compromise in passing what was then termed "modernisation" of our constitutional arrangements When we debated this Bill last year, my noble friend Lord Strathclyde explained the genesis of the current number of hereditary Peers and the by-elections tied to them—the so-called Weatherill amendment, which was passed in the House of Lords Act. The by-elections that we are discussing today were an integral part of that overall deal, which in part was designed to win over those Peers and MPs who did not favour a wholly appointed House and believed that in the longer term the only practical way forward was to have an elected second Chamber but accepted that that might take some time.