My Lords, I thank all noble Lords for their contributions to this debate. Amendments 55, 62 and 97, tabled by the noble Lords, Lord Inglewood and Lord Lucas, and the noble Earl, Lord Devon, all seek, in different ways, to place a duty on the Government to review and report on the impact of legislation after it receives Royal Assent.
As a matter of principle, and when they are applied in the right case for the right reasons, obligations to review and assess the impact of legislation can serve a very valuable public function. For example, the scope or size of the subject matter of a Bill might give rise not just to a range of predictable outcomes but to a material risk of adverse impacts in the real world that cannot be adequately assessed at the time of the Bill’s passage. Those impacts could be wide-ranging: for example, they could be financial or environmental or could entrench any manner of inequality. While Parliament can always review the impact of legislation at any time of its choosing without an explicit statutory authority, on occasion, as I have said, a mandatory obligation can serve a proper and indeed important function. However, the Government’s view is that there is no adequate rationale for a review and reporting requirement here.
This Bill is very simple. The primary purpose it seeks to achieve is singular: to remove the right of the remaining hereditary Peers to sit and vote in your Lordships’ House. We also know well what the impact will be: the loss of those Peers. I mean no disrespect to the great public service of those Peers to say that their loss will not give rise to unforeseen, significant adverse consequences that come anywhere close to the sort of justification we would want for the measures sought by these amendments.
We know from experience what the impact will be, because your Lordships’ House has already experienced a far more significant reduction of hereditary Peers following the 1999 Act—which, I note, itself had no post-legislative reporting requirements to scrutinise impact. There has been little suggestion that those reforms produced any profoundly detrimental impacts, let alone ones that would justify the steps proposed in these amendments. The House continued to function effectively then, and, as I say, while we truly value the work of hereditary Peers to date, the House will continue to function when this reform is completed. As the Leader of the House said at Second Reading, the Bill does not alter any core functions of your Lordships’ House.
I hope those points address the amendment tabled by the noble Lord, Lord Inglewood. I thank him for clarifying that his is a probing amendment, and for his thoughtful contribution and the important points he made about our constitutional framework. However, the noble Lord’s amendment is not confined simply to a review-and-report requirement: if agreed, it would continue in perpetuity to impact any subsequent legislation that alters the composition of your Lordships’ House. In other words, there would be a requirement to undertake reviews indefinitely after every general election until the end of time. With the greatest respect, I suggest that would be a disproportionate measure—but I hope the brevity of my response will not be mistaken for a lack of gratitude for his thoughtful contribution to the debate.
The noble Lord asked what insurance policy is in place. I hope that there are several, not least the Government making plain that this reform—completing the work, as we put it—is the beginning of steps for a further reform of your Lordships’ House, the next being close consultation across the House on the shape of further reform. I agree with very many of the sentiments expressed by the noble Baroness, Lady Finn. As we go forward, it is important to ensure that we capture and protect the important role of the second Chamber in revising and reviewing legislation, ensuring that it has a degree of independence from the other place. The reassurance I give is that it is our intention to consult widely and collegiately on the steps ahead.
I turn briefly to the contribution of the noble Lord, Lord Sandhurst, whom I have known for a long time prior to coming into this House. As he knows, I greatly respect him and our friendship, but I am afraid I consider his remarks, drawing a comparison between the Bill and the risks faced in the Weimar Republic, quite misplaced. All of us in this House are no doubt acutely aware that this is a delicate moment for liberal democracies and your Lordships’ House no doubt has an important role to play at this delicate and important time, but the power of our contribution will be diluted if we reach too quickly for overstatement or—the more so—inappropriate overstatement. This is a manifesto commitment that is limited in scope, and we serve ourselves well to remember that and not to rhetorically overreach.
I turn to Amendment 97, tabled by the noble Earl, Lord Devon. The House of Lords will continue to be called the House of Lords following the passage of the Bill. The removal of the right of hereditary Peers to sit and vote in this place does not change the fact that Members of this House, save for the Lords spiritual, will continue to consist of Peers of the realm. The answer to the eloquent speech of the noble Lord, Lord Hannan, as to why is simply a literal one. In answer to the point raised by the noble Earl, Lord Devon, about the dictionary definition of the “House of Lords”, I respectfully suggest that that version of the dictionary, like this House, requires some subtle updating.
Amendments 91 and 94 have joined this group to accommodate the noble Earl, who is, sadly, not available for the final day of Committee. I hope I accurately capture the amendments in saying that they address a narrow point about the power to refer disputes to the Judicial Committee of the Privy Council, but also a wider point that seeks to address gender inequality in the succession to peerages. I will first address the narrow point about referrals to the Judicial Committee, which I will come to again substantively when we discuss the amendments to Clause 2 tabled by the noble Lord, Lord Wolfson, next week.
As your Lordships know, this House currently has a role in handling complex and disputed peerage claims under Standing Order 77. The aim of Clause 2 is to remove that role. The intention is that that role will be fulfilled by the Judicial Committee of the Privy Council, whose jurisdiction to do so is already established by virtue of Section 4 of the Judicial Committee Act 1833. The effect of the noble Earl’s amendment would be to place the issues arising out of inheritance and title, irrespective of complexity, on the Judicial Committee. The Government, and indeed the Privy Council, would perceive this to be an unacceptable burden on an already exceptionally busy body. It would, in short, amount to an unnecessary and disproportionate use of its resources and expertise. For those reasons, and given the points raised by the noble Baroness, Lady Hayman, we cannot accept the amendments.
Finally, and most importantly—