Baroness Anderson of Stoke-on-Trent (Lab)

Noble Lords will be disappointed that I do not have a line from the Box on one thing, so they may have to bear with me. I thank noble Lords for this surprisingly short debate on some very important issues. To clarify, as we have just heard from the noble Lord, Lord Moynihan, and as he so entertained us in Committee about his family’s stories, the last complex case to be discussed by the JCPC was in 1997. There have been fewer than 10 complex cases in the last 50 years and routine claims are around 12 cases a year, which I hope gives noble Lords some context to what we are discussing. On Amendment 24, from the noble Lord, Lord Wolfson, my noble and learned friend the Attorney-General set out the Government’s position on peerage claims in great detail in Committee. To put it briefly, Clause 2 abolishes the jurisdiction of this House in relation to hereditary peerage claims. In future, it is intended that any complex or disputed claims that would have been referred to this House by the Crown will instead be referred to the Judicial Committee of the Privy Council. To reiterate the statement made by my noble and learned friend the Attorney-General, under the power in Section 4 of the Judicial Committee Act 1833, as was touched on by the noble Lord, Lord Wolfson, His Majesty may already refer matters to the judicial committee for consideration and advice. I am sure that noble Lords would agree that where it is necessary to duplicate legislative provisions, we should avoid doing so. Notwithstanding the way in which the noble Lord regaled us in Committee with his bitter experience of the Pet Abduction Act 2024, I expect the other place will be some somewhat less exercised by this matter. The noble Lord’s amendment would result in all cases, including straightforward cases, which are usually dealt with only by way of application to the Lord Chancellor, being referred to the JCPC. This would not be the best use of its time, as there is no dispute or legal complexity in these claims. The amendment is therefore unnecessary. The noble Lord asked me a very important question, which was whether I could foresee circumstances other than the use of the JCPC and, if we did, whether Parliament would be consulted. Having consulted my noble and learned friend the Attorney-General, who thankfully was sitting to my left, I can say that we do not foresee this moving away from the JCPC, but my noble and learned friend assures me that although this issue has not been raised before—so we would have to consider it in more detail—we would seek to consult on principle if there was going to be a move away from the JCPC. If, on reflection that is not the case, we would inform your Lordships’ House at the earliest opportunity. That is as far as I can assist the noble Lord.