The Earl of Devon (CB)

My Lords, it is a pleasure to follow the noble Lord, Lord Wolfson. I applaud his efforts to formalise the procedure regarding the determination of peerage claims, which I broadly support. I shall speak to the two amendments in my name in this group, Amendments 25 and 27, which seek to ensure equality in that process. They would address gender parity in hereditary peerages once Clause 2 of this Bill for ever ends our jurisdiction to determine such claims. As I explained in Committee, equality of succession is an issue about which I care deeply, both for personal reasons and because it is a principle that Earls of Devon have championed since our inception. Given the late hour, your Lordships will be pleased to hear that I am sparing the House my stories of the Empress Matilda and Queen Mary I, in the service of whom the earldom was first earned, then lost and recovered. We were addressing and fighting real Henry VIII powers in those days, not the fantasy ones we talk about today. Nearly 500 years later, there is still so much work to do on gender parity and I would be failing in my inherited duty if I did not pursue these amendments. I had hoped to change the law to remove the deeply embedded discrimination in the vast majority of hereditary titles, while I enjoyed the privilege of a seat in your Lordships’ House, but that is no longer possible with my pending abolition. The best that I can therefore offer is these two amendments. Amendment 25 directs the Judicial Committee of the Privy Council to exercise the functions that this Bill transfers to it in a non-discriminatory manner. Amendment 27, which I am minded to push to a vote, requires the Secretary of State to consult on the challenges that the JCPC faces in doing that and to recommend legislative changes accordingly. When we debated similar amendments in Committee, the noble and learned Lord the Attorney-General generously indicated that the Government approved the rationale of these amendments. He stated that the Government very much share my “unease at the inequality baked in to so many hereditary peerages”.—[Official Report, 25/3/25; col. 1558.] However, he raised a number of specific objections to the form of the amendments as originally drafted, not least the unconstitutional burdens that they placed upon the JCPC. I have taken those form objections on board and revised the proposed amendments, in the faint hope that the Government will accept them this time around. I fear that they may not, and that the Minister will probably revert to the Government’s oft-stated objections that this Bill is not the place to address the question of female succession, that they are not minded to amend the Bill in any form and that the issues raised are far too complex for us to address in this or any other legislation. The Government are wrong, for a number of reasons. First, this is exactly the Bill in which to address the exercise of jurisdiction over hereditary succession, as it is the Bill that removes that power once and for all from your Lordships. If we do not legislate for gender parity in this Bill, Parliament is proactively passing to the JCPC a power and jurisdiction that all agree to be discriminatory, validating and therefore approving the ongoing exclusion of women from hereditary titles. This Bill bakes in gender discrimination. Secondly, this is the very last chance for hereditary Members of your Lordships’ House to opine on this issue before their abolition, and thus for Parliament to benefit from the views of those directly impacted by this deep-rooted cultural misogyny. It is also therefore highly likely to be the last time that anyone will be sufficiently motivated to pursue this issue. If we do not address it now, it will be left to fester as a stain on our national culture. As to the complexity of this issue, Amendment 27 seeks to require the Secretary of State to consult and to review how principles of gender equality should be applied when determining such claims, and to recommend legislative solutions. Any complexities will be consulted on and remedies proposed. Just because the matter is complex does not mean that it should not be addressed. As I stated before, patriarchy puts up many barriers to its dismantlement, but that should not deter us. Noble Lords may recall that the Crown once passed under the principle of male-preference primogeniture. Indeed, it did so for centuries, until the law was changed in 2013 with the Succession to the Crown Act, which altered the method of royal succession to gender-neutral primogeniture. If we can do it for the Crown, with all the complex traditions, conventions and rights inherent therein, surely we can do the same for our simple hereditary peerage. It simply cannot be that complicated. However, this issue goes much wider than the gender of those who succeed to hereditary titles, as it is a point of general and important principle. Since the debate in Committee, in which a number of noble Lords spoke in support of my amendments, I have been contacted by an array of campaigners for equal rights, who have pointed out that our country will never have gender parity while we preserve privilege and property rights within the upper reaches of our society only for men. Those who campaign tirelessly to end violence against women and gender-based discrimination of all types note that, if we are unwilling to remove gender discrimination everywhere, we will never remove it anywhere. By passing the Bill with Clause 2 unamended, this Government, who, allegedly, are committed to the principle of gender equality, are simply condoning gender-based discrimination at the top of our society, in effect, saying that it is okay to deny women the right to bear titles and the property rights, privileges and status inherent therein, solely on account of their gender. Is that really what the Government stand for? As stated, I am minded therefore to test the opinion of the House on Amendment 27. It is a modest amendment that simply calls for a report into the application of gender equality. It may be that this is a quixotic campaign and that I am tilting at windmills to call a vote so late at night on the last day we debate the Bill, but if we do not seek to make a change now, it will never happen and the hereditary system will for ever remain biased. I will reflect on the debate before determining whether to move the amendment to a vote, and I particularly look forward to the Minister’s response. I once more challenge the Government to be brave, to channel Baldwin, the first Earl of Devon, who stood up for the rights of women to succeed and to lead. Please support these amendments. After 900 years, it is about time.