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House of Lords Bill [HL]

My Lords, it is a pleasure to follow the noble Lord, Lord Mackenzie. As Edmund Burke recognised, change is sometimes necessary to enhance that which already exists. Your Lordships’ House performs a number of functions, and in my view it does so extremely well. That is because the House has proved to be a functionally adaptable body. It has adapted over time to a changing political environment, complementing the elected Chamber and adding value to the legislative process. What is the test to be applied to proposals for change? The test is quite simple: will they strengthen the second Chamber in fulfilling the functions ascribed to it? I believe that the provisions of this Bill will strengthen the House in terms of both how it is seen and its capacity to fulfil its functions of legislative and administrative scrutiny. Parts 1 and 2 of the Bill are inextricably linked, a point rather missed by my noble friend Lord Astor. Providing a means of bringing hereditary Peers into the House has meant that some Members continue to enter the House independent of prime ministerial nomination. In practice, of course, the constraint on prime ministerial patronage is limited. Prime ministerial nominees can and do easily outnumber any Peers coming in through the by-election procedure. The Bill limits prime ministerial patronage—or, rather, the potential for abuse. The Prime Minister can continue to nominate people for membership, as indeed can the Leader of the Opposition and others. It does not necessarily mark a distinct shift in that respect. What it does do is create a structured and protected process, one seen to be independent of the Prime Minister. This, I contend, will enhance the position of prime ministerial nominees as they will be seen to be subject to an independent process of scrutiny and adjudged to be people of conspicuous merit. Once this process is in place, the principal rationale for the existing by-election procedure ceases to have effect. Does this mean that hereditary Peers will cease to be brought into the House? It does not. I follow the comments of the noble Lord, Lord Cobbold. Several hereditary Peers already sit by virtue of holding life peerages in recognition of their individual merit. To argue that hereditary Peers will no longer enter the House if this measure is passed is to argue that they lack the conspicuous merit necessary for membership—and I, for one, do not believe that to be the case. Enabling Peers to take permanent leave of absence will ensure that the active membership of the House comes close to the actual membership. It will also ensure that some who have given long and conspicuous service, but who feel unable to continue, are able to apply for permanent leave. I stress the word ““apply”” as it will be for the House to decide what criteria will govern the granting of such leave. Introducing such a provision will, as we heard, also contribute to reducing the size of the House. The combined effect of the provisions will thus be that there is a smaller House, with an active membership that will be variously replenished with people of conspicuous merit selected through an independent and transparent process. Does this undermine the capacity of the House to fulfil its functions? Not at all. Does it enhance its capacity? I believe it does. Does it help to deliver what the public wish to see in a second Chamber in terms of independence and knowledge? I believe that the answer is most certainly yes. My comments have been addressed essentially to those who believe that no change is necessary. I turn to the point already made by the noble Lord, Lord Steel, and in some respects I am responding to the point made by the noble Lord, Lord Richard. There are those who accept that change of the kind embodied in the Bill is necessary and sufficient, and there are those who believe that such change is necessary but not sufficient. Where these two groups meet is in the acceptance that some change is needed. Those like the noble Lord, Lord Strabolgi, and my noble friend Lord Lucas who believe that the proposals are necessary but not sufficient and who are confident in their case for further change have no problem in supporting the Bill. Those who are not confident of their case are the ones who attack it. The Bill delivers change that is desirable and proportionate. I urge your Lordships’ House to support it.