House of Lords Bill [HL] — House of Lords, 2016-10-21
Topic: Government Operations
Nicholas True (Conservative, Centre-right): My Lords, I agree with most of the wise words of the noble and learned Lord who has just spoken. I congratulate my noble friend Lord Elton on the way in which he has introduced the Bill; he is a great ornament to the House and his wisdom is respected by us all. However, I confess to a mild dulling of the senses when another Bill comes forward to reform your Lordships’ House: three Bills up and more than six months still to go in this Session—perhaps we are trying for the record in the number of discussions of ways to reform ourselves. I sometimes think that there are greater priorities to discuss Of the schemes advanced, that of my noble friend may in many ways be the least bad; indeed, if we are to accept the proposition, which I do not, that there should be a cull of the numbers in the House which did not pretend to be reform—and this is certainly not real reform—then a proposition that imitated for the life Peers what happened to the hereditary Peers in 1999 is clearly one logical way to proceed However, I am afraid that I share the view of those who have said that limiting the numbers in the House is not a tearing need. I do not often feel that I need sharp elbows here, nor do I think it a disaster if a great Chamber of a great Parliament is sometimes crowded on a great occasion. What is so wrong with that? Nobody outside here has ever tugged me angrily by the sleeve and said, "By God, we need to reduce the number of Lords by a hundred or two" The problem that some noble Lords do not wish to face is that if there are people out there who want real reform of the Lords, their beef is not that we have more than enough life Peers to ride into the Valley of Death at Balaclava but that we have any appointed Peers at all in the 21st century. I have never hidden the fact, uncongenial though I know it is to many of your Lordships, that I would have no objection to standing for election to the political Benches—after all, I face the electorate daily in my day job—but if we are to have election, the daringly modern part of me would rather that the electorate of the political Peers were the British people and not the Bishops’ Bar I do not follow my noble friend with this Bill, however well intentioned it is; but if we are to proceed, I agree with what has been said: that much of the material in the Standing Orders will have to be discussed in detail. Let me give just a couple of examples First, there is the problem of even a periodic limit on the size of the House, alluded to by my noble friend Lord Bridgeman. The five-year cull, as I understand it, would cut the size of the House to 600. Then—and I must make it clear that I make no objection to this, for with the Fixed-term Parliaments Act preventing Dissolution, a cap on the size of the House that does not allow a Government to swamp this House in the case of a constitutional crisis is unacceptable—my noble friend’s Bill rightly allows for creations after every cull. However, as my noble friend Lord Bridgeman said, the effect of that could be that a Prime Minister could pump the numbers back up from 600 to 800 and those new loyalist Peers would then weigh the percentage size of the various party colleges in the next Parliament. There could be a ratchet towards a party in office that did not show the restraint in creations that Prime Ministers should show. We all know that the real root of the matter is the rash of creations by Prime Ministers, excepting Gordon Brown and Ted Heath—there have been a few who have shown restraint. We should not appoint more Peers than, frankly and bluntly, die. So the ratchet would be a problem The second potential objection—which was alluded to by my noble friend Lord Caithness, although I fear I have to be a little blunter than he was—is why on earth should the proportion of Liberal Democrat Peers in this House be frozen by paragraph (6) of my noble friend’s draft Standing Order? The Lib Dems won 7.9% of the vote at the last election. They now have 13.2% of the whole House and 17.9% of the political House. Under that party’s policy, until the 2015 election made it rather inconvenient and awkward for them, the number of Lib Dem Peers reflecting the votes cast at the election would not be 104 but 62 on the eligible House basis and 46 on the narrower political base. I could not support any propositions, such as those of my noble friend, which entrenched such a gross over-representation in this House of a party represented by eight in the other place. I calculate that the effect of the Standing Order as drafted would be 79 Lib Dem Peers in a House of 600 if we used the 13.2% number or 107 in a political House-only calculation My third point, alluded to by the right reverend Prelate in some telling remarks, relates to the treatment of newer Peers. I have always found very distasteful the underlying messages of those who say that because there are too many of us, either at the long-serving end, "Bring in an age limit; you are 75 and past your sell-by date, you must go"; or, at the newer end, "There are too many like you coming in, not of the right calibre and we have to stop it". I do not care for either of those messages, but I read in my noble friend’s draft Standing Order that anyone who has been appointed to the House after the first Session of the preceding Parliament—in other words, less than five years before each cull—would have no vote in the quinquennial balloon debate about who should be chucked out, in that they are not deemed to have served for a whole Parliament. I understand the idea, though I do not agree with it, that new bugs don’t know enough to be allowed a say, but surely by the time they have worked their way up to C or even B block they might actually have enough knowledge to cast a vote. I appreciate that my noble friend’s intention may be to deny a voice to nominations made after each cull, but we cannot presume that every new Peer is a party hack incompetent to judge fairly. As I read this provision, it is fairly demeaning and we will need to look at it as it goes forward As I have taken a little time, I shall stray no further into what I think is an absolute mare’s nest of probing amendments, bringing into the Bill some of the Standing Orders that we will have to have if the Bill goes forward. However, I will speak about the process involved, following on from the remarks of the noble and learned Lord, Lord Cullen, but in a slightly different guise. People have said that the process of choice is difficult. Of course it is. I have been rejected at the ballot box and I have won at the ballot box, but the problem with this proposition as it is emerging is that in my judgment it risks empowering a club mentality. One can imagine the grey suits of the "Campaign for Effective Peers", or whatever it is called, chewing over who might stay. The people who would stay might be the product of a consensus into which some are either not privileged to be invited or not inclined to join. Had I not known my noble friend Lord Goodlad better, I might have thought that the conclusion of his speech was a veiled threat to the inconvenient and those who do not fit the consensus, that if they do not pipe down they may not be chosen. I do not wish to go down that road; perhaps I misinterpreted my noble friend, but with his Whips’ Office experience, I doubt it I fear that it would be divisive, alter behaviour, have the perverse effect of raising attendance levels in every pre-election Session, as Peers try to catch the eyes of the selector or to join the consensus, and would inevitably prove hurtful to the losers, many of whom make a good, if occasional, contribution but might not make it, perhaps for lack of knowledge through the straitened gates of a cull. On balance, therefore, I would prefer it if my noble friend were to leave what is reasonably well alone.