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House of Lords Bill [HL]

My Lords, I am not in favour of the Bill, and I hope that your Lordships will allow me a few moments to say why. I turn first to the provisions in the Bill to end the by-elections among hereditary Peers to replace any of the 92 first elected in 1999 and who sadly pass on. I believe with complete conviction that the undertaking then given by the noble and learned Lord, Lord Irvine of Lairg, the then Lord Chancellor, was and remains binding upon this Labour Government in the terms in which it was given; that is, that the 92 elected hereditary Peers would remain in place until such time as the second and final stage of House of Lords reform was in place. By no stretch of the imagination does this Bill meet that requirement. Of course, I acknowledge that this Bill is introduced by the noble Lord, Lord Steel of Aikwood, speaking from the Liberal Democrat Benches. But that does not absolve Her Majesty’s Government from the formal undertaking given on their behalf eight years ago. To put it plainly, I do not believe that the 1999 Act would have passed through your Lordships’ House had the undertaking to which I have referred not been given. To go back upon that undertaking now would be an act of dishonour, with which I am certain noble Lords on the government Benches in your Lordships’ House would not wish to be associated. As I speak now, I am not informed as to the Government's detailed intentions in this matter; no doubt we shall hear more later. However, Ministers have a duty to ensure that at least that part of the Bill that does away with by-elections does not reach the statute book. I hope that the noble Lord, Lord Hunt, when he comes to speak, will confirm that position. I turn, secondly, to the provisions in the Bill which give formal statutory authority to an appointments commission which alone, it would seem, will become responsible for the appointment of Members of your Lordships’ House. These arrangements are altogether too prescriptive. For example, there is no reference to religious leaders or retired service chiefs, both of whom make a crucial contribution to this House and who should perhaps come of right. Nor is there any reference to the Earl Marshal or the Lord Great Chamberlain, who were specially provided for in the 1999 Act. These are important omissions. I make no secret of the fact that I am not much in favour of a wholly or largely appointed House, whoever may be responsible for the selection. But I recognise that many noble Lords—perhaps a majority—take a different view. There is clearly no consensus as to the way forward. Let us therefore leave matters as they are until such a consensus does emerge and we can move forward with general agreement. The Bill also includes a provision for the exclusion of those noble Lords who unhappily fall foul of the law. I do not, in principal, oppose such provisions but they ought to be set out more carefully. For example, I am not clear whether noble Lords who have been convicted in the way referred to prior to the Bill coming into effect are excluded, or whether these provisions include convictions handed down outside the United Kingdom. These clauses have clearly not been fully thought through. I will end with some general points. Proposals for major constitutional change which will fundamentally alter the House of Lords or any other of the great institutions of state should come forward in a Public Bill introduced by the Government following proper consultation. This Bill is nothing of the sort. It is, I fear, an amateurish approach to an overwhelmingly important issue and simply will not do. I very much hope that the noble Lord, Lord Steel, will withdraw it.