House of Lords (Hereditary Peers) Bill

Baroness Anderson of Stoke-on-Trent Excerpts

Monday 10th March 2025 Lords Chamber

Incidentally, it would have one further impact. If the Government were to contemplate the application of such a provision—which would be consistent with their manifesto commitment, because it would bring the retirement age down to 80, albeit over a period of nine years—the consequence would be that, at the end of those nine years, there would be fewer than half the excepted hereditary Peers still in this House, even if no other steps were taken to expel them at an earlier point in time. So, instead of dealing with just one manifesto commitment, they could, by applying themselves to a reasonable and sensible provision on retirement, address two manifesto commitments. I invite them to give serious consideration to such a proposal. I also invite the Minister to explain very clearly in her reply why the manifesto commitment on retirement appeared. What was the logic? What was the reasoning? What was the policy behind it? Perhaps she could touch on the attitude of her Back-Benchers towards that particular issue.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, before I begin, it would be remiss of me not to wish the noble Lord, Lord Wallace, a happy birthday. But, as I will probably still be here on Wednesday, I will do it on Wednesday.

What is clear from this short debate on retirement age and the minimum age of participation is that there is a broad consensus on the need for change. What that change specifically should be is clearly still a matter for debate, as we have seen this evening. So let me move on to the specifics of the amendments at hand and try to reassure and answer noble Lords.

These amendments raise important questions on the issue of retirement age that warrant further discussion. The Government are keen to maintain an ongoing dialogue with the House about how best to implement our other manifesto commitments on reforming the House, including the issue of retirement age. I look forward to continuing the conversations with your Lordships, building on the discussions my noble friend the Leader has already had.

As was so eloquently articulated by several noble Lords this evening, especially the noble Lord, Lord Burns, the Government agree with the general direction of these amendments, which is to reduce the size of your Lordships’ House. As peerages are for life— and I am aware that when I say that, that may have slightly different connotations, given my age and what that means—the House has become too big. These amendments show the range of possible retirement ages that could be implemented. The Government, as set out in our manifesto, believe that a mandatory retirement age of 80, at the end of the relevant Parliament, strikes the right balance between setting the limit too high, thus reducing the impact on numbers, or too low, which would have a disruptive effect on your Lordships’ House at the end of the Parliament. In fact, during the last Parliament the retirement age was 81.3, in line with some of the conversations your Lordships have had this evening.

However, this Bill is not the right vehicle to make such a change. This is a focused Bill with a sole purpose: to deliver the Government’s manifesto commitment to bring about immediate reform by removing the right of the remaining hereditary Peers to sit and vote in the Chamber, a principle that was agreed when the 1999 Act was passed. This Bill is completing the work of that Act. It is right that we take time to best consider how we implement the other manifesto commitments, including our commitment to introduce a retirement age, engaging with your Lordships.

Amendments 101C, 101D and 101H include the provision to alter the commencement of the Bill. I note that the noble Lord has replicated this draft in his Amendments 101E, 101F and 101G, which we will debate at a future date. The effect of these amendments would be that the remaining hereditary Peers would be removed from your Lordships’ House at Royal Assent, rather than at the end of the Session in which the Bill is passed, as it currently provides for. Given that the noble Lord previously eloquently listed the individual records of service of hereditary Peers, aided by his now famous spreadsheets, I am somewhat surprised that seemingly, he now wants them to leave sooner.

The noble Lord also wishes the commencement of his other amendments on retirement age to be subject to a further resolution of the House. This means that, were the noble Lord successful in making his amendments, their commencement would be delayed further and perhaps indefinitely. The timing of the implementation of the Bill follows the approach set out in the 1999 Act, which is for it to come into force at the end of the parliamentary Session in which it is passed. This is a sensible approach which strikes the right balance between delivering an immediate reform, as set out in our manifesto, and meeting the desire to minimise any disruption to the work of the House, which could arise if hereditary Peers were to depart during a parliamentary Session.

Finally, Amendment 86, tabled by noble Lord, Lord Parkinson of Whitley Bay, seeks to lower the minimum age of membership of your Lordships’ House from 21 to 16. I thank the noble Lord for the explanatory statement which accompanies his amendment. The Government were elected on a manifesto promising to give 16 and 17 year-olds the right to vote in all UK elections, strengthening our democracy and increasing the engagement of young people. This is about fostering long-lasting engagement with our democracy and building the foundations for their participation in our electoral processes, and it will be a major change to the electoral franchise, with implications for the wider electorate. However, this commitment does not extend to lowering the age at which an individual can hold elected office at a national or local level, or other positions such as police and crime commissioners. The Government do not plan to change the minimum age eligibility criteria for elected office, nor for membership of your Lordships’ House. As I have said before, this Bill is solely focused on removing the right of hereditary Peers to sit and vote in the House of Lords.

[Lord Parkinson of Whitley Bay (Con)]

I thank the Minister for her clear answer. There is a further discrepancy, in that the age at which someone can become a Member of your Lordships’ House is 21, but to stand for election to another place it is 18. Does the Minister think that this discrepancy should continue, or should the two Houses be equal in that regard?

[Baroness Anderson of Stoke-on-Trent (Lab)]

I was just going to touch on that point. As the noble Lord mentioned during his contribution, as always, the content of our Standing Orders is a matter for your Lordships’ House.

Bearing all this in mind, I respectfully ask that noble Lords do not press their amendments.

[Lord Blencathra (Con)]

My Lords, we always say, “This has been an interesting debate”, and when I put down these amendments I expected it to be a fascinating debate, which it was. The Government always complain that this is a narrowly focused Bill, so why on earth are we talking about these other issues? It is because it was in the Labour Party manifesto. It is a narrowly drawn Bill only because, politically, they decided to make it a narrowly drawn Bill. It does not have to be that narrowly drawn.

My noble friend Lord Hailsham, in supporting my amendment that colleagues should retire at 85, made the valid point that we experience decay and that we are now getting a bit out of date on the things that we were expert in a few years ago. I like the idea from the noble Earl, Lord Devon, of retirement at 80 years old or after 10 years of service, whichever is the later. That is an interesting idea and it would permit Peers aged over 70 to get a 10-year term in here. My noble friend Lord Dundee supported an age of 90. He made a good case, but I am afraid we would not convince those on the outside that it was a serious measure to retire at 90.

My noble friend Lord Parkinson of Whitley Bay made an intriguing point about reducing the age to 16, to match the age at which people may become MPs. God help us if we have MPs aged 16. I am glad I will not be in the House of Commons if that ever happens.

My noble friend Lord Dobbs supported the noble Earl, Lord Devon. I liked his “full stop” quote; will I have to pay him royalties if I ever use it again, him being a great novelist? The noble Earl, Lord Kinnoull, in supporting the amendment from the noble Earl, Lord Devon, said that 80 is still very high for most organisations and that people retired a lot earlier than that, but I liked the point he made about transitional arrangements and allowing new Members to come in.

My noble friend Lord Attlee said that what matters is having active Peers, and that many over the age of 85 are highly active. I agree. I am privileged to serve on the Council of Europe. While I was in Georgia observing its elections a few months ago in my wheelchair, and going through a mob who were trying to ruffle us up and sabotage our vehicle, I felt quite active for a 72 year-old, as I did on a committee where the noble Lords, Lord Griffiths and Lord Foulkes, were considerably older than me—I believe they are in their 80s. They are also highly active Members. I accept that you can be over the age of 80, 85 or 90 and still be active here.

The noble Lord, Lord Burns, made an intriguing point that if we had a retirement age of 85 it would reduce numbers considerably in the first fell swoop, but it would have a diminishing effect afterwards. That will be the case if we continue stuffing in new Peers. He suggested that we could lower the age at a future time. I suggest he looks at my Amendment 32, which we will come to later, which makes that case. It sets up a procedure whereby if we decide that the age is wrong, we can tweak it with a statutory instrument rather than further primary legislation.

I agree with my noble friend Lord Hannan that it is the quality that matters, not the age, but the Government want to reduce the size of the Lords and they have chosen to throw out the hereditaries. I merely suggest in my amendments that a better way to do that would be to have a retirement age. I agree with my noble friend Lord Goschen that Peers of all ages make a valuable contribution. He asked the legitimate question, which my noble and learned friend Lord Keen also asked: will the Government explain why they have adopted this age of 80 as retirement?

I too will wish the noble Lord, Lord Wallace of Saltaire, well if he is here on Wednesday. I am not sure whether he drinks, but I will happily buy him a glass of champagne to celebrate a marvellous birthday. But the noble Lord, Lord Newby, made a good point that it might be in the interest of some Members to retire. Occasionally we see colleagues come into this House and I always say, “I hope my Chief Whip will tell me to get out at once if I get that far gone and poor”.

My noble and learned friend Lord Keen made the valid point that the age of 90 is a bit too late. It is a public confidence thing. Yes, some colleagues perform well in their 90s, but it is not credible to the outside public that we have people making legislation which affect their daily lives at that age.

The Minister said that more discussion is necessary before action. When will we get that action? When will we get the consultation paper on reducing the age limit to 80 or 85? We need it, but we get the feeling it has been kicked into the long grass.

I end as I began. The Government say that this is a very narrowly focused Bill, but it does not have to be. They are trying to reject the amendments that we have suggested, and the others to come, because they do not fit into the mode of getting rid of hereditary Peers. The Bill could easily be extended in a few little areas to include the issues we have discussed in Committee.

Before Report, I hope we can get some traction on two issues: retirement at 85, which some of us have suggested; and the suggestions by the noble Earls, Lord Devon and Lord Kinnoull, for transitional arrangements of about 80 and a 10-year time limit for new Lords coming in, and the suggestions by the noble Lord, Lord Burns, and the noble and learned Lord, Lord Keen, that we can tweak the age down, perhaps starting at 85 and a few years later lowering it to 80—I think there could be traction in that.

I hope that noble Lords will get together with better brains than mine and decide what we want to run with on Report to try to get something that may get the support of a majority of Members in this House. I beg leave to withdraw my Amendment 16.