Lord Bellamy (Con)

My Lords, in his devastating book How Westminster Works … and Why It Doesn’t, the noted commentator Ian Dunt describes this House as, “one of the only aspects of our constitutional arrangements that actually works”. The words that he, as a neutral observer, uses to describe this House include diligence, expertise, consensus, seriousness, independence and a willingness to stand up to the Government. Mr Dunt draws no distinction between hereditary Peers and others, and neither could he. Those qualities are daily exhibited by our hereditary colleagues. To summarily remove such Members damages not only this House but the constitution by removing many able, experienced and effective Members of the Legislature with no accompanying plan for reform or constitutional safeguard against future Executive abuse. As many others have said, we must distinguish between the end of the hereditary principle on one hand and managing the transition on the other, particularly to minimise the sudden loss of expertise and to guard against future risks. To manage that transition means two things: retaining the wisdom and experience of our valued colleagues for a defined period, and actively introducing safeguards and reforms to address the points made by many in this House, particularly the noble Earl, Lord Kinnoull, and the noble Lord, Lord Burns. These are regarding, notably, the appointments process; strengthening the role of HOLAC; addressing the questions of the size of the House; attendance; retirement; and, above all, the risk of excessive prime ministerial patronage, as the noble Lord, Lord Norton of Louth, so clearly demonstrated, among others. That risk of excessive patronage applies whatever Government is in power. Without safeguards, the Bill standing alone will simply not do, constitutionally speaking. I will make four quick points. First, without the checks and balances of a written constitution, our unwritten constitution depends on the Government of the day, however large their majority in the Commons, showing restraint on constitutional matters and moving forward with consensus. The Bill’s “fell swoop” approach, if I may so describe it, is contrary to that deep constitutional tradition. Secondly, as my noble friend Lord Northbrook has just pointed out, the words of the then Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, in 1999 were expressed as a guarantee. If I may respectfully disagree with the noble Lords, Lord Newby and Lord Grocott, yes, no Parliament can bind its successors, but a guarantee given in Parliament by a senior Minister of the Crown at the Dispatch Box—technically, at the time, at the side of the Woolsack—is binding in honour and by constitutional convention, unless good reason is shown. Without very convincing reasons, the right honourable Prime Minister and his Government cannot, in honour, break such a solemn guarantee. Thirdly, the consensus approach does not contradict the manifesto and may indeed strengthen it. I can find no document that says that the Salisbury convention applies to constitutional matters. Fourthly—no one so far has mentioned this—surely a great strength of this House is that no one has a majority. That is what drives the consensus and our working arrangements. Let us not put that at risk through the Bill. Finally, as the noble Lord, Lord True, said, this does not need to be a rancorous debate. I say “Step forward now” to the bridge builders—those whose only motive is to safeguard the constitution—to find decent and honourable solutions. I hope and trust that the noble Baroness the Leader of the House—whom, as the noble Lord, Lord Wakeham, said, we all so much admire and respect—will forgo the steamroller and bludgeon and will work for consensus in the best traditions of her office.