House of Lords (Hereditary Peers) Bill

Debate between Lord Anderson of Ipswich and Lord Hermer

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Hermer (Lab)]

I am grateful for the noble Lord’s intervention. I can well anticipate that, if this is an issue that arises on consultation, there may be a distinction—to my mind, it is potentially a constitutionally important distinction—between the appropriateness or otherwise of the appointment of senior judges on their appointment to judicial office, which gives rise to the constitutional tensions that I alluded to a moment ago, and appointment upon retirement. I hope that that answers his question, at least in part.

[Lord Anderson of Ipswich (CB)]

The noble and learned Lord draws a distinction between appointment to the Lords on taking office and appointment at the end of office being served, but we have heard already that the current President of the Supreme Court was appointed to this House on assuming the office—of course, on the understanding that he would not participate in the debates of the House. Is the noble and learned Lord saying that that is unconstitutional?

[Lord Hermer (Lab)]

The constitutional tension is between judges who sit on cases that may often concern government legislation also sitting in the legislature. The distinction I seek to draw simply seeks to exemplify the merits and demerits of a debate that may well take place during consultation. It is not meant to reflect any firm view of the Government as to where that may ultimately land.

I make one final point on the amendments from the noble Lord, Lord Parkinson, drawing on the wider point that I made a moment ago about the merits of looking at this in the round. It is worth reflecting that, if this were to come into effect today, it would create a significant number of new Members of your Lordships’ House. Putting aside judicial Members, of that large number, only five would be women. It is also right to remind ourselves that, in the long history of the Appellate Committee of your Lordships’ House and then the creation of the Supreme Court in 2010, there have been only four women judges or members of that committee.