Contribution
My Lords, Amendment 24 seeks to place in the Bill the Government’s intentions in respect of the determination of peerage claims. Can I say what a pleasure it is to see such a large turnout from the Government Benches when we are discussing the role of the Privy Council? It is heartwarming to see what a focus the Government Benches have on this important matter.
As I explained in Committee, the Bill removes the role of your Lordships’ House in determining peerage claims, but it leaves behind a statutory lacuna. My amendment—I emphasise this point—does not depart at all from the Government’s intentions as set out in the Explanatory Notes. It would put those intentions in the Bill. If we do not add this amendment to the Bill, the peerage claims determination process will still be undertaken by the Judicial Committee of the Privy Council where the case is complicated, but it is possible that other arrangements may be made by future Governments. We need an effective system for peerage claims. Since this House has had a role in this process up to this point, it is only right that we in this House should be concerned about this debate, and we should seek to secure a proper future for that process.
Given the hour, I will not say any more about the Irish peerage issue—I made this point in Committee, and I know that the Government Benches are very focused on this—save to say that I am very pleased that we could get a confirmation from the Government that, as the Attorney-General said in Committee,
“the position will be precisely the same in respect of disputed Irish peerages”.—[Official Report, 1/4/25; col. 177.]
I am grateful to him for that confirmation.
In responding to my amendments in Committee, the noble and learned Lord the Attorney-General also told your Lordships that the
“power to refer claims to the Judicial Committee of the Privy Council … already exists in Section 4 of the Judicial Committee Act 1833”.
I accept that he is right about that, of course, but, with respect, I do not think that that counters the case for my amendment.
More convincingly, the Government made the case that requiring
“all peerage claims to be made to His Majesty in Council … would therefore result in a significant increase in claims already considered beyond the stage of consideration by the Lord Chancellor to be entered on the Roll of the Peerage”.—[Official Report, 1/4/25; col. 177.]
Given that question of proportionality and the impact on the work of the Privy Council, I am not going to seek to divide the House on my amendment today. However, I will take this opportunity to ask—I do not know who will be responding for the Government; it looks as though it will be the noble Baroness, Lady Anderson—whether the Minister can foresee circumstances where a body other than the Judicial Committee of the Privy Council could take over the role of determining complex peerage claims. Can she confirm whether Parliament would be consulted on that matter before any changes are made? I hope that that confirmation can be given; it would be extremely helpful.
While I am on my feet, to save time, if I may—I know that the noble Earl, Lord Devon, will soon speak to his amendments—I will say something more. Obviously, I recognise the complexity and strength of feeling that arise in any debate on primogeniture. I am aware of families that are at risk of losing their family home as a result of the rules of succession, as well as entails attached to certain properties. I am not going to explain at this hour what an entail is—Wikipedia is available—but this is a serious issue that needs to be looked at. I should say that I am grateful for the conversations that the noble Earl, Lord Devon, has had with me and with others, and grateful that he has taken a circumspect approach to these amendments in seeking to initiate a report on gender equality in the inheritance of peerages. I hope that the Minister will be able to give the House greater clarity on the Government’s position on this issue but, so far as the amendment in my name is concerned, I beg to move.