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
David Cameron addresses pupils at an assembly during a visit to Corby Technical School on September 2, 2015. Photograph: Getty Images.
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Can Cameron maintain his refugee stance as he comes under attack from all sides?

Tory MPs, the Sun, Labour and a growing section of the public are calling on the PM to end his refusal to take "more and more". 

The disparity between the traumatic images of drowned Syrian children and David Cameron's compassionless response ("I don't think there is an answer that can be achieved simply by taking more and more refugees") has triggered a political backlash. A petition calling for greater action (the UK has to date accepted just 216 refugees) has passed the 100,000 threshold required for the government to consider a debate after tens of thousands signed this morning. Scottish Conservative leader Ruth Davidson has tweeted: "This is not an immigration issue, it's a humanitarian one, and the human response must be to help. If we don't, what does that make us?" Tory MPs such as Nicola Blackwood, David Burrowes, Jeremy Lefroy and Johnny Mercer have similarly appealed to Cameron to reverse his stance.

Today's Sun declares that the UK has "a proud record of taking in desperate people and we should not flinch from it now if it is beyond doubt that they have fled for their lives." Meanwhile, the Washington Post has published a derisive piece headlined "Britain takes in so few refugees from Syria they would fit on a subway train". Labour has called on Cameron to convene a meeting of Cobra to discuss the crisis and to request an emergency EU summit. Yvette Cooper, who led the way with a speech on Monday outlining how the UK could accept 10,000 refugees, is organising a meeting of councils, charities and faith groups to discuss Britain's response. Public opinion, which can turn remarkably quickly in response to harrowing images, is likely to have grown more sympathetic to the Syrians' plight. Indeed, a survey in March found that those who supported accepting refugees fleeing persecution outnumbered opponents by 47-24 per cent. 

The political question is whether this cumulative pressure will force Cameron to change his stance. He may not agree to match Cooper's demand of 10,000 (though Germany is poised to accept 800,000) but an increasing number at Westminster believe that he cannot remain impassive. Surely Cameron, who will not stand for election again, will not want this stain on his premiership? The UK's obstinacy is further antagonising Angela Merkel on whom his hopes of a successful EU renegotiation rest. If nothing else, Cameron should remember one of the laws of politics: the earlier a climbdown, the less painful it is. 

George Eaton is political editor of the New Statesman.