House of Lords (Hereditary Peers) Bill

Lord Burns Excerpts

Monday 10th March 2025 Lords Chamber

[Earl Attlee (Con)]

My Lords, the noble Baroness is of course absolutely correct on her point and I strongly support her.

The issue of fixed-term peerages or membership of the House is indeed closely related to the issue of age limits, so I have some sympathy with what the noble Baroness, Lady Garden, said. I think that the overall answer to both issues is a retirement age that is agreed or understood at the time of appointment for new Peers. I hope that gives some comfort to the noble Lord, Lord Desai.

Once the hereditary Peers have gone, the remaining Peers who are over 70 now will come under considerable media pressure. It is no use avoiding this point. To an even greater extent than younger Peers, such older Peers are, rightly, not very responsive to what the media think or what the media want them to do. Rather, they do what they believe is in the public interest and in accordance with the Nolan principles. I am not sure that that is what the media want. I think that having 80 year-old Peers will be made to seem just as indefensible as hereditaries are incorrectly claimed to be today.

I would not underestimate the value to the House of Lords of having some Peers whose experience goes back a very long way. For instance, I advised a noble Baroness on the Cross Benches who was faced with an assisted dying Bill. She erroneously believed that she could not try to kill the Bill at Second Reading; I advised her that she could and that I had seen it done some time before. Sure enough, she succeeded in her endeavours. Unfortunately, when drafting this speech, I could not avoid the words “kill”, “fatal” or “euthanise” or the phrase “put out of its misery” when talking about the procedure related to an assisted dying Bill.

I am not opposed to term limits, provided that those who propose them are clear about what they want the House to do. However, the Wakeham report identified a danger, in that term limits could deter potential new Members—a point well made by the noble Lord, Lord Cromwell.

[Lord Burns (CB)]

My Lords, perhaps I could comment on one or two of the points being made. The Lord Speaker’s Committee, which I chaired, did indeed make the proposal that there should be either 15-year or 20-year term limits. We looked at both of them and came down in the end marginally in favour of 15-year term limits.

That was against the background not of this Bill, of course, but of also promoting the idea of a ceiling on the size of the House of Lords. The great argument in favour of term limits is that it generates a predictable number and a predictable flow of levers, which can then work alongside a limit on the size of the House. It then provides the scope for both refreshment of the House and a change in the political balance over a period of time, which is also very important, and it all can be done in an orderly way. The proposal that we made was in this context of several other changes that were suggested, rather than something which was standing on its own.

The proposal we made was also to be applied only to new Peers. We said that it should begin then and was a long-term proposal. It was the only real mechanism we could find whereby you could stabilise the numbers over time and have the capacity to make changes. After all, there are term limits for most people in most legislatures. Most of them are determined by the electorate and by what happens to people when they meet the voter. There is nothing new about this: it is a very useful mechanism, but not really a mechanism for this Bill. I accept that it is for another day, but in the argument about a more balanced and wider group of changes being made, I would be very supportive of this important mechanism at that time.

[Baroness Smith of Llanfaes (PC)]

My Lords, my Amendment 73 is included in this group and supported by my noble friend Lord Wigley and the noble Baroness, Lady Jones. I thank them for their support.

Most noble Lords will be aware by now that my goal is to see this place abolished and replaced with a democratic second Chamber. However, in the meantime, I am determined to push forward even small steps that can have a meaningful impact. Amendment 73 is a simple step towards achieving radical reform. I am asking His Majesty’s Government to implement a term limit for Members in this place, capped at no more than 10 years.

While I commend the tabling of several other amendments by noble Lords proposing term limits, the shortest among them is 15 years. By international standards, 15 years is extremely long for an appointed Chamber. In fact, it is three times longer than the most common term length of five years, with the next most common being just four years. Based on this evidence, we can also see that 10 years is extremely abnormal. However, I wish to note that my amendment seeks to establish a ceiling and not a target.

I have drafted Amendment 73 with a 10-year ceiling to allow His Majesty’s Government to investigate the various ranges of term limits before bringing forward a final proposal. I tabled the amendment because I firmly oppose the prospect that anyone should have a job for life. It is absurd in most settings, but completely inappropriate for an establishment that is supposed to be accountable to the people of these nations. We cannot honestly believe that someone can be forever representative of others.

Others have tabled amendments that would set a retirement age, which we will cover in the next group. Although this could be a good practice to introduce, I fear that setting a retirement age without a term limit would fail to address the imbalanced composition of this Chamber. This approach would not solve the issues that the Bill and these amendments aim to address—namely, the number of Members and the diversity of this Chamber.

Following my advocacy for term limits at Second Reading, I was asked by a Member of this House where I would get a job after my term was up. Would I not struggle with the loss of power and influence after being a Member of this place? I have reflected on this question, and I cannot escape the conclusion that it reveals a deeply flawed perception of what this institution should represent. It is precisely this kind of thinking that underscores the urgent need for term limits. No one in our position should see this role as a source of power. It is and must always be a responsibility, a duty to serve—not a privilege to cling to. If we ever lose sight of that, reform is not just desirable but essential. Therefore, I stand by my statement that term limits are the best way of addressing these issues. Implementing this amendment would guarantee that the Chamber undergoes regular renewal and revitalisation, with Members carrying out their duty with a strong sense of responsibility and commitment to their role, knowing that their time in office is limited and impactful.

Some argue that regular and continuous changes to the second Chamber might be disruptive. However, this amendment does not propose changes that would result in Members being unable to stand for re-election. I propose that we counter the supposed issue of turbulence by following the example of the Australian Senate. There, term limits are six years, with half the Senate elected every three years. This provides a staggered approach that ensures that at least a proportion of the upper Chamber is elected less recently than the lower Chamber. It means that membership is less affected by changes in the political mood. Implementing a term limit can also prove an effective way to ensure that Members of this Chamber do not exceed a certain number, and that representatives better reflect the voices of the public.

I would be grateful if the Minister could share with us some of her thinking about term limits. Does she see this as a possible reform that His Majesty’s Government would consider as part of this Bill or as a short new Bill? What is His Majesty’s Government’s view on life appointments?