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Mr. William Cash (Stone): It is fair to say that the present House of Lords and the hereditary principle are indefensible. That has been commonly accepted across the Floor today. I do not have quite the reservations of some of my hon. Friends about the manner of the Bill's introduction. I see no particular problem, given that the royal commission will be set up and the Government's majority means that they will get the Bill through one way or another.

We should concentrate on how best to address the remaining questions. I hope that the royal commission, in the short time available to it, will take evidence from as many people as possible and carefully consider the point that lies at the heart of the Bill: whether the proposals put the national interest ahead of party interest. When the ultimate provisions are revealed, that will be the acid test of whether the Government's policy matches up to my argument.

I have heard repeatedly that the House of Lords has in the past exercised its independent role and stood up for the nation. I have a searing instance in mind. Some 450 peers, mostly hereditary, were whipped in to defeat something that is now not only Conservative party policy but Government policy: the holding of a referendum on the European issue, in that case on the Maastricht treaty. The whipping in of people from all over the country was despicable and the result bore no relevance whatever to the national interest. I am glad that a referendum, after a tremendous fight by many of us, is now established as a principle of both the Government and the Opposition. I would not indulge too much in praise of the independence of the House of Lords as it has been.

I believe that a significant proportion of the House of Lords to come should be elected: in round figures, about two thirds or 75 per cent. There are problems with an elected second Chamber because there could be competition between two Chambers that claimed a direct mandate from the people. There are ways around that. There are people who could, and should, be nominated to the second Chamber for service to the nation. They have much to contribute and I see no objection to that in a second Chamber, provided that they are in a distinct minority.

Alarming statistics show that the people who have been appointed to the Lords--not always people with the merit that one might have expected, looking back over the generations--do not always attend. We attend our House. It would not be extraordinary if they were expected to attend rather more often than they do. If the reforms are to take place, they would emphatically be expected to attend. Figures in the White Paper show that, in 1997-98, only 40 per cent. of life peers attended two thirds of sittings and 34 per cent. attended less than one third. To say the least, any new nominated or appointed element would be expected to attend much more often than that.

The other way to avoid competition between a largely elected second Chamber and the House of Commons would be clear definition of functions. It is often said that the House of Commons has sole control over taxation. While I will not go into the constitutional ins and outs, there has been significant erosion of that principle, especially in relation to local government expenditure. If we want, as the Government claim to want, the House of Commons to be the pre-eminent Chamber, it should be

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categorically stated that the Commons should be exclusively concerned with matters relating to taxation and borrowing, as my hon. Friend the Member for Hertford and Stortford (Mr. Wells) suggested. That is another fundamental question that would delineate the functions of this House and prevent competition if there were a largely elected element in the House of Lords.

As one who voted 47 times against the Maastricht treaty when it went through on a three-line Whip--something that I would do again several times if I had the opportunity--I am perhaps rash to suggest it, but there is far too much whipping in both Houses. If we want the House of Lords to have the independence that it deserves, its Standing Orders should restrict whipping, if there is to be any at all. If we want an independent second Chamber, as the Government claim to want, and we want this Chamber to be pre-eminent, there are ways and means to achieve it. One is to allow true independence and have a constitutional Chamber with the capacity, if necessary, to give this House a bloody nose. That should be on the basis of independence and democracy, not the hereditary principle, or the nominated cronyism that is the alternative.

The European dimension is, necessarily, part of the terms of reference of the royal commission. There is a role for the House of Lords. I have been a member of this House's Select Committee on European Legislation for nearly 15 years. This House performs a more useful role than many people suggest. In the House of Lords scrutiny process, Committees examine matters in a more considered manner than we are allowed to. Our Standing Orders should be changed to allow us to do that. I shall return to the point, which I have made in other debates, that there is a strong case, given the overarching character of the European legislative process, for a Joint Select Committee embodying the functions of the Lords and the Commons to represent the United Kingdom Parliament as a whole with respect to European legislation.

Without exploring the ins and outs of the issue, let me say that it is perfectly apparent to hon. Members that, increasingly and incessantly, power is being taken not only from this House but from Parliament as a whole. If we are to begin those reforms and engage constructively with respect to the European Union, we must consider the matter carefully. For example, the Court of Auditors report has just come before the European Select Committee. That matter should have been considered on the Floor of the House, but that has not happened. I believe that issues of that kind should be considered by not only the House but Parliament as a whole. Reform of the House of Lords should include a means of integrating the functions of both Houses in order to ensure that there is a proper democratic alternative to the views being expressed elsewhere in Europe that impinge upon our constituents.

In summary, we want the House to be pre-eminent, but it must also have proper regard to the functions of the House of Lords, which I believe should be largely elected. The two Houses must come together on the European issue and say that we are not prepared to be rail-roaded by legislation that is not in the interests of our constituents.

8.2 pm

Mr. Phil Hope (Corby): The reform of the House of Lords involves three major planks: removal of the right of hereditary peers to vote and sit in the House; reformed

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arrangements for nominations of life peers; and a royal commission to consider long-term reform. This Bill addresses the first of those three reforms in a disarmingly elegant one-line clause, which states:


    "No-one shall be a member of the House of Lords by virtue of a hereditary peerage."

In replying to my interventions, every Opposition Back Bencher has stated clearly that he or she supports clause 1 and abolition of the hereditary principle. That makes the position of Conservative Front Benchers even more confusing, as they have steadfastly refused to clarify whether they support clause 1.

Last night, I watched the second instalment of a three-part drama called "The Scarlet Pimpernel", which is set at the time of the French revolution. It features a British aristocrat who undertakes daring rescues of French aristocrats during a rather more bloody 18th-century version of democratic modernisation. I was going to congratulate the BBC on screening the series at such an opportune moment, as we might draw some useful parallels. However, I think that my right hon. Friend the Prime Minister makes an unlikely latterday Robespierre and my right hon. Friend the Leader of the House makes an even less likely Madame Le Guillotine.

That parallel was completely collapsed in this debate when it came to casting the hon. Member for Woodspring (Dr. Fox) as Sir Percy Blakeney, the Scarlet Pimpernel. The drama portrays that figure as a useless fop by day and an intelligent, resourceful rescuer by night. Regretfully, we appear to have seen only the hon. Gentleman's day-time persona in this Chamber. If the hereditary Lords are hoping that rescue will come from the Opposition, they will have to think again as convincing arguments to support their existence will, like the Pimpernel, remain ever elusive.

Mr. Peter Bradley: It was said of the Scarlet Pimpernel: "They seek him here, they seek him there, but cannot find him anywhere." Does my hon. Friend accept that the hon. Member for Woodspring (Dr. Fox) fulfils at least that characteristic?

Mr. Hope: I thank my hon. Friend for pointing that out. What is more, few Liberal Democrats have been present for the debate and we have sighted not a single member of the minority parties. I think that that fact is worth highlighting for the benefit of the wider public.

My research about peers in and around my constituency has revealed some interesting facts. There are six peers registered as living in Northamptonshire: three life peers and three hereditary peers. Interestingly, one might expect the Duke of Buccleuch to register as living in the county, as he owns half of it. However, he is registered in Scotland, because he owns half of that as well. The phrase "absentee landlord" has a particular resonance for those of us who live in Northamptonshire.

Hon. Members may be wondering where I gathered those facts. They can discover how many peers live in their constituencies by contacting their local electoral registry office, which publishes Lords reports about all members of the House of Lords who live in an area and cannot vote. That is interesting because clause 2--which has received no attention in the debate so far--gives hereditary peers the right to vote and to stand forelection to the House of Commons. Under the Bill,

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those hereditary peers registered as living in Northamptonshire could stand for election and earn the right to sit in Parliament, based on merit rather than accident of birth. I look forward to seeing the names of Earl Spencer, Lord Brassey of Apethorpe and Viscount Addison of Cotterstock on the ballot paper at the next general election--if they wish to retain their right to sit in Parliament.

The central question posed directly by the Bill--one that every Opposition Member has avoided debating--is: why keep the hereditary peers? What is the case for retaining the hereditary principle? Are the Opposition arguing to allow members of the House of Lords who are there by accident of birth to maintain their voting power because they are so representative of the country, because of their track record in promoting democratic rights or because they keep a balanced check on the powers of the House of Commons? Let us have a look. If the Opposition believe that the hereditary peers are representative of the country, it would be reasonable to expect to see something approaching a gender balance. However, of the 635 hereditary peers sitting in the House of Lords, only 16 are women and only two come from minority ethnic groups.

If the Opposition are arguing that the hereditary peers represent the country, we might expect to see them come from all walks of life. Yet 45 per cent. of hereditary peers went to one school: Eton. Some 60 per cent. of them describe themselves as "landowners or farmers" and, perhaps most revealingly, only 1.4 per cent. describe themselves as "workers".

Despite being completely out of touch with the real world, perhaps the Opposition can justify retaining the hereditary peers on the basis of their activities in the Lords. When in government, the Conservatives used the hereditary peers to force through deeply unpopular measures, such as the poll tax and rail privatisation. More recently, in the last parliamentary Session, they used the hereditary peers to oppose Government measures and to defeat the Government 33 times. Even worse, the House of Commons knows that, if certain measures--such as the legislation to ban fox hunting--were to be sent to the Lords while the hereditary peers were in place, the same land-owning Lords would abuse parliamentary procedure without a second thought and prevent the passage of any such Bills through Parliament and delay any legislation that accompanied them. Here we see the hereditary peers, who are unelected and unaccountable, in the worst light: frustrating the democratic process with unspoken threats, in the certain knowledge that they can hold the House of Commons to ransom. That is totally unacceptable.


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