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House of Lords Reform Bill [HL]

My Lords, we now come to Part 4 of the Bill, which is headed: "““Conviction of serious criminal offence””." I have stated before that I do not like this clause and I do not like it for two reasons. One argument advanced in favour of the clause is that the provision is the same as that which applies in another place. However, I do not think that we should necessarily follow the provisions of another place. We are a different House and we are composed differently. It is right that we should make different rules, if necessary. I have previously mentioned my second reason for disliking the clause. When a person has served a sentence they should no longer be penalised for having committed the offence in question. When I was Minister for Prisons the principle was clear. The courts meted out sentences but, when they had been served, that was the end of it. The noble Lord, Lord Goodhart, is not in his place but I hope that there are some lawyers present who will support my remarks. Therefore, in principle I have serious concerns about Part 4. I completely understand what my noble friend is trying to do but I consider that the provision goes against the principles of British justice. The term ““more than one year”” in the Bill is too short a timescale and would catch too many trivial offences. Therefore, my Amendment 130 suggests a timescale of five years rather than one year. There is a certain benefit to be had from permitting Peers who have been convicted and sentenced to prison to come back to the House after they have served their sentence. Lord Kagan used to sit on the Labour Benches, having spent a little time at Her Majesty’s Pleasure. He came back and gave useful insights into that experience which assisted our consideration of criminal justice Bills. My amendment seeks to improve the Bill and explore the justification of my noble friend Lord Steel for the one-year period. I beg to move.