An ermine-cloaked rotten borough: the bizarre by-election in the House of Lords

Westminster-watchers may be focusing on the Eastleigh by-election at the moment, but there’s been another one a bit closer to home.

While the soul-searching eyes of the nation’s political gurus are glued to the upcoming twists and turns of the upcoming Eastleigh by-election and which candidate said what and when, another parliamentary by-election has slipped lightly under the radar with rather less scrutiny.

In this other parliamentary by-election there were rather more candidates than there are in Eastleigh, an impressive 27. Turnout was very high indeed, at 96 per cent (undoubtedly a higher percentage than Eastleigh), with a majestic 46 out of the 48 eligible voters turning up to place their ballot, under strict parliamentary conditions.

Forty six voters for a parliamentary seat? How can that be? How indeed, given that we are here in the twenty-first century, and parliamentary seats usually have a rather larger electorate. Even 46,000 would be on the low side.

This other by-election was an entirely legitimate election to membership of the second house, the House of Lords, in modern-day Britain, with its own rules and regulations laid down in detail.

Here’s a riveting snippet:

In order to be elected, the successful candidate must receive at least as many votes as all the other candidates put together. In the event of this not happening after first preference votes have been allocated, the votes of the candidate receiving the lowest number of first-preference votes will be shared out according to the second preference marked on them. This will be repeated until one candidate has at least half of the total number of votes (excluding any eliminated because all preferences have been exhausted).

What has happened, without many of us noticing, is the election of a hereditary peer to the House of Lords (in this case a Conservative peer), following the rather byzantine rules created by Labour’s half-hearted attempt to reform the House of Lords some years ago, without managing to finish the job very sensibly. What we are left with is a second House with a mixture of elected and appointed peers. So those who are now elected, were once those who inherited, while those who were never likely to inherit, must wait to be appointed. Clear so far?

So therefore, if one of the 92 hereditary peers dies, a seat becomes available, but is only open to those who could have previously inherited a seat (or their successors), and are of the same party as the member who has just died. So in this case, the member of the House of Lords who died was Earl Ferrers, so those eligible to vote had to be members of the House of the Lords who are Conservative hereditary peers. While those able to stand for office were a small, but exclusive, set who were previously Conservative hereditary peers (or their children) and fancy a bit of a go at getting back in.

In case you were on the edge of your armchair, dying to know this by-election result: the newly elected member of the House of Lords is Viscount Ridley (He got 24 of the 46 votes).

And for those who were thinking this feels a bit reminiscent of something you remember vaguely from your school history lessons... You might be thinking of rotten boroughs, where tiny number of voters had the power to elect members of parliament, but these were abolished in 1832 by the Reform Act. An election-themed episode of BBC TV’s Blackadder called “Dish and Dishonesty”, where there was just one voter plus a dachshund called Colin, dramatically conveyed the idiocies and madnesses of historical elections, so we could see just how far we have come.

Nothing funny there then.

Twenty-seven hereditary Conservative peers faced off to get a seat in the House of Lords. Photograph: Getty Images
Getty
Show Hide image

Is defeat in Stoke the beginning of the end for Paul Nuttall?

The Ukip leader was his party's unity candidate. But after his defeat in Stoke, the old divisions are beginning to show again

In a speech to Ukip’s spring conference in Bolton on February 17, the party’s once and probably future leader Nigel Farage laid down the gauntlet for his successor, Paul Nuttall. Stoke’s by-election was “fundamental” to the future of the party – and Nuttall had to win.
 
One week on, Nuttall has failed that test miserably and thrown the fundamental questions hanging over Ukip’s future into harsh relief. 

For all his bullish talk of supplanting Labour in its industrial heartlands, the Ukip leader only managed to increase the party’s vote share by 2.2 percentage points on 2015. This paltry increase came despite Stoke’s 70 per cent Brexit majority, and a media narrative that was, until the revelations around Nuttall and Hillsborough, talking the party’s chances up.
 
So what now for Nuttall? There is, for the time being, little chance of him resigning – and, in truth, few inside Ukip expected him to win. Nuttall was relying on two well-rehearsed lines as get-out-of-jail free cards very early on in the campaign. 

The first was that the seat was a lowly 72 on Ukip’s target list. The second was that he had been leader of party whose image had been tarnished by infighting both figurative and literal for all of 12 weeks – the real work of his project had yet to begin. 

The chances of that project ever succeeding were modest at the very best. After yesterday’s defeat, it looks even more unlikely. Nuttall had originally stated his intention to run in the likely by-election in Leigh, Greater Manchester, when Andy Burnham wins the Greater Manchester metro mayoralty as is expected in May (Wigan, the borough of which Leigh is part, voted 64 per cent for Brexit).

If he goes ahead and stands – which he may well do – he will have to overturn a Labour majority of over 14,000. That, even before the unedifying row over the veracity of his Hillsborough recollections, was always going to be a big challenge. If he goes for it and loses, his leadership – predicated as it is on his supposed ability to win votes in the north - will be dead in the water. 

Nuttall is not entirely to blame, but he is a big part of Ukip’s problem. I visited Stoke the day before The Guardian published its initial report on Nuttall’s Hillsborough claims, and even then Nuttall’s campaign manager admitted that he was unlikely to convince the “hard core” of Conservative voters to back him. 

There are manifold reasons for this, but chief among them is that Nuttall, despite his newfound love of tweed, is no Nigel Farage. Not only does he lack his name recognition and box office appeal, but the sad truth is that the Tory voters Ukip need to attract are much less likely to vote for a party led by a Scouser whose platform consists of reassuring working-class voters their NHS and benefits are safe.
 
It is Farage and his allies – most notably the party’s main donor Arron Banks – who hold the most power over Nuttall’s future. Banks, who Nuttall publicly disowned as a non-member after he said he was “sick to death” of people “milking” the Hillsborough disaster, said on the eve of the Stoke poll that Ukip had to “remain radical” if it wanted to keep receiving his money. Farage himself has said the party’s campaign ought to have been “clearer” on immigration. 

Senior party figures are already briefing against Nuttall and his team in the Telegraph, whose proprietors are chummy with the beer-swilling Farage-Banks axis. They deride him for his efforts to turn Ukip into “NiceKip” or “Nukip” in order to appeal to more women voters, and for the heavy-handedness of his pitch to Labour voters (“There were times when I wondered whether I’ve got a purple rosette or a red one on”, one told the paper). 

It is Nuttall’s policy advisers - the anti-Farage awkward squad of Suzanne Evans, MEP Patrick O’Flynn (who famously branded Farage "snarling, thin-skinned and aggressive") and former leadership candidate Lisa Duffy – come in for the harshest criticism. Herein lies the leader's almost impossible task. Despite having pitched to members as a unity candidate, the two sides’ visions for Ukip are irreconcilable – one urges him to emulate Trump (who Nuttall says he would not have voted for), and the other urges a more moderate tack. 

Endorsing his leader on Question Time last night, Ukip’s sole MP Douglas Carswell blamed the legacy of the party’s Tea Party-inspired 2015 general election campaign, which saw Farage complain about foreigners with HIV using the NHS in ITV’s leaders debate, for the party’s poor performance in Stoke. Others, such as MEP Bill Etheridge, say precisely the opposite – that Nuttall must be more like Farage. 

Neither side has yet called for Nuttall’s head. He insists he is “not going anywhere”. With his febrile party no stranger to abortive coup and counter-coup, he is unlikely to be the one who has the final say.