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
Photo: Getty Images
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The buck doesn't stop with Grant Shapps - and probably shouldn't stop with Lord Feldman, either

The question of "who knew what, and when?" shouldn't stop with the Conservative peer.

If Grant Shapps’ enforced resignation as a minister was intended to draw a line under the Mark Clarke affair, it has had the reverse effect. Attention is now shifting to Lord Feldman, who was joint chair during Shapps’  tenure at the top of CCHQ.  It is not just the allegations of sexual harrassment, bullying, and extortion against Mark Clarke, but the question of who knew what, and when.

Although Shapps’ resignation letter says that “the buck” stops with him, his allies are privately furious at his de facto sacking, and they are pointing the finger at Feldman. They point out that not only was Feldman the senior partner on paper, but when the rewards for the unexpected election victory were handed out, it was Feldman who was held up as the key man, while Shapps was given what they see as a relatively lowly position in the Department for International Development.  Yet Feldman is still in post while Shapps was effectively forced out by David Cameron. Once again, says one, “the PM’s mates are protected, the rest of us shafted”.

As Simon Walters reports in this morning’s Mail on Sunday, the focus is turning onto Feldman, while Paul Goodman, the editor of the influential grassroots website ConservativeHome has piled further pressure on the peer by calling for him to go.

But even Feldman’s resignation is unlikely to be the end of the matter. Although the scope of the allegations against Clarke were unknown to many, questions about his behaviour were widespread, and fears about the conduct of elections in the party’s youth wing are also longstanding. Shortly after the 2010 election, Conservative student activists told me they’d cheered when Sadiq Khan defeated Clarke in Tooting, while a group of Conservative staffers were said to be part of the “Six per cent club” – they wanted a swing big enough for a Tory majority, but too small for Clarke to win his seat. The viciousness of Conservative Future’s internal elections is sufficiently well-known, meanwhile, to be a repeated refrain among defenders of the notoriously opaque democratic process in Labour Students, with supporters of a one member one vote system asked if they would risk elections as vicious as those in their Tory equivalent.

Just as it seems unlikely that Feldman remained ignorant of allegations against Clarke if Shapps knew, it feels untenable to argue that Clarke’s defeat could be cheered by both student Conservatives and Tory staffers and the unpleasantness of the party’s internal election sufficiently well-known by its opponents, without coming across the desk of Conservative politicians above even the chair of CCHQ’s paygrade.

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.