Theresa May is expected to approve the creation of about 10 Conservative peers and at least one for the Democratic Unionist party, perhaps as early as Friday, in an attempt to improve her position in the House of Lords, which has voted 15 times against her government over Brexit.
The elevations were immediately criticised by the high-profile remain Labour peer Lord Adonis as a desperate attempt by the prime minister to enlist people to help her against in the unelected upper house.
Tories tipped for elevation include former ministers Sir Eric Pickles and Peter Lilley. Adonis said: “This is a classic example of packing the Lords to try and make Brexit easier to endorse.”
May’s spokeswoman gave no comment on the speculation, saying: “Any announcements of that nature will be made in the usual way.”
A report last year recommended the Lords should be reduced in size by a quarter, which is backed by May, though this does not preclude the creation of new peers. May’s spokeswoman said: “She has been clear that there should be restraint on new appointments, combined with an increased cross-party takeup of retirements.”
Appointments to the House of Lords
Can the government create peers at any time?
The government can create new peers whenever it likes. But there are a few conventions, agreed between all the parties, and all nominations for a peerage have to be approved. Tax dodging and criminal convictions usually rule out appointment. Outgoing prime ministers often reward old chums with a peerage. Occasionally an MP is propelled into the Lords to create a spare seat in the Commons. By recent custom, peers are created without shifting the balance of power from no overall control.
Is there a limit?
No, and famously the Lords is the second biggest legislative chamber after China’s national people’s congress. It has 750 members, of whom 150 or so inherited their titles. When one dies there is an election among other hereditaries in the same party. When the Lib Dem peer Lord Avebury died, an electorate of 3 voted for his successor. Efforts at shrinking it have led to a retirement scheme but not much else.
What are the alternatives?
Most democratic countries have an elected second chamber, if they have a second chamber at all. Some have a mix of appointed and elected. Efforts to reform the house of lords have foundered on disagreement on questions of scale – how big, what proportion should be elected and on what basis – first past the post, single transferable vote, alternative vote … a fresh start would make almost anything possible. One idea gaining traction is that it should represent the United Kingdom, bringing together England, Scotland, northern Ireland and Wales in a kind of federal body. But the most contentious question is always whether an elected second chamber would have more powers, which would weaken the House of Commons
Constitutionally, there is supposed to be a rough balance between the two main parties in the Lords, although at present there are 244 Conservative peers, including 49 hereditary peers, and 187 Labour peers. However, the Conservatives are far from a majority in a chamber that has a total of 780 members and has become the principal parliamentary opposition to Brexit.
That has meant that May’s government has been repeatedly defeated over the EU withdrawal bill, with peers inflicting 15 defeats on issues such as the customs union, the Irish border and removing the precise date of Brexit – 29 March 2019 – from the legislation.
Labour is expected to add three peers to its total representation, with the former party general secretary Iain McNicol and Martha Osamor, a race equality campaigner and the mother of MP Kate Osamor, heavily tipped to be ennobled.
That prompted a complaint from Adonis, who said it in effect validated the creation of new peers at such a sensitive time. “I’m very surprised that the Labour party is playing this game by agreeing to make a small number of peers because it legitimises the actions of the Tories.”
Other Tories who have been tipped for ennoblement include former MPs Andrew Tyrie, Sir Edward Garnier and Julian Brazier.
Party political peers are periodically created when No 10 indicates that it wishes to do so, although this round had been delayed for months. In February, May said she wanted to end the “automatic entitlement” to a peerage for holders of high office in an attempt to reduce numbers in the upper house to 600.
The former DUP MP William McCrea is expected to be ennobled, taking the Northern Irish party, which props up May’s government in the Commons, from three to four peers. Sources said the party had indicated that it also had been handed the right to make a second nomination.
One name believed to be under consideration is Diane Dodds, a DUP MEP who is married to the party’s Westminster leader Nigel Dodds. However, a senior DUP source dismissed speculation about Dodds as “complete nonsense”, indicating she was too young to be in the House of Lords.
The Liberal Democrats, who have 98 peers in the Lords, are not expected to add to their number.
