House of Lords (Hereditary Peers) Bill

Lord Harris of Haringey Excerpts

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Ashton of Hyde (Non-Afl)]

My Lords, in 1934, Percy Shaw patented the cat’s eye, the ubiquitous reflective road stud that we all recognise. It is one of the most perfect inventions and recognised as one of the top 10 British design icons, along with, among other things, the Spitfire, the telephone box and the world wide web. It is simple, effective, self-cleaning and, most importantly, was wholly beneficial to everyone. It had no downsides.

I am not claiming that my Amendment 69 is quite in the same league, but it is non-political and non-partisan; it applies to all noble Lords, whether elected hereditaries or life Peers; and—the noble Baroness the Leader of the House will like this—it helps address the view of the Labour manifesto that

“the second chamber of Parliament has become too big”.

The problem it addresses is to do with the composition of the House, which is why it is relevant to this Bill, and one that faces all party leaders, Chief Whips and the Convener of the Cross Benches. They often have conversations with Peers about retirement, and sometimes those conversations are quite difficult. That is understandable, because it is a sensitive subject, and particularly so when it occurs because the Peer feels that he or she might be losing the mental capacity required to be a Member of the legislature. It is, as I say, a sensitive subject, and I pay tribute to those Peers who have made the difficult and brave decision to retire for that reason. But mental capacity is not a cut and dried issue, and it can vary from day to day or week to week, and it can often reduce over time. When you are over the hill, as they say, you begin to pick up speed.

The House of Lords Reform Act 2014 allows a Peer to retire if he or she signs a letter which is witnessed and addressed to the Clerk of the Parliaments. The Catch-22 situation is that the Peer has to have, in the opinion of the Clerk of the Parliaments, the mental capacity to be able legitimately to sign the retirement letter. Even if there is a lasting power of attorney in place, the attorney cannot sign a retirement letter on behalf of a Peer who has lost mental capacity. So we have the perverse situation that an attorney can sell a Peer’s house or use his or her money to pay for long-term care, but has to leave that same Peer able to vote and speak in Parliament, even if their mental capacity continues to reduce steadily. I think everyone would agree that this is not good for the reputation of the House and potentially unkind to the Peer who may still attend the House when, frankly, they should not.

Not all Peers will have a lasting power of attorney, even though we should all at least consider it. However, if they have thought it through and decided to establish a lasting power of attorney while they still have mental capacity, this amendment would remove all doubt and allow the Clerk of the Parliaments to accept the attorney’s signature on the resignation letter. I beg to move.

[Lord Harris of Haringey (Lab)]

My Lords, what feels like many years ago when we had the first day in Committee on this Bill, the noble Lord, Lord True, moved a completely unnecessary amendment to restate the purpose of the Bill as already expressed in the short title. That focused on the content of the Bill, which is about hereditary Peers.

The problem with the amendment tabled by the noble Lord, Lord Ashton, which has a great deal to be said for it in terms of substance, is that it is not relevant to the Bill. It focuses on another matter, a matter which needs to be resolved—for the future of this House and for the reputation of this House—but it is not a matter for this discussion in this Bill.

[Lord Wallace of Saltaire (LD)]

My Lords, I have taken a certain interest in this issue because a Peer who was extremely kind to my wife and me when we were young academics, and was himself then a senior diplomat, was the case in point.

This is something which needs sorting. It can be sorted by either a change in Standing Orders or an Order in Council. If that is not allowed, it needs legislation. We have just passed a short Bill through this House, the Church of Scotland (Lord High Commissioner) Bill, which covered one extremely small element that was forgotten or not allowed by the Church of Scotland in the Roman Catholic Relief Act 1829. If we can do that, then we can add, if necessary, a short amendment to this Bill to have that effect.

As I walked through the Lobby the other day, another Peer, who happens to be a relative of the Peer in question, said to me, “This is not just a single case. Until we have agreed a retirement age, we are likely to be facing this again and again with others”. We all know that there have been cases of Peers who have continued to come here as they begin to lose their mental capacity.

I have another reason for intervening on this. I recall my mother, aged 93, trying to sign a power of attorney for me to act on her behalf. Her paralysis had reached a point where she was unable to sign and thus not able to confer the power of attorney, despite being completely in her right mind.

This can be done. We are entitled to ask the Government that, by Report, we have clear advice on whether it has to be done by legislation or can be done by an Order in Council or a change in Standing Orders. I know that there is conflicting advice on this, because I have taken some interest in the case.

I know that the Government’s preferred outcome is that there should be no amendments to this Bill. However, this is a Bill about some further reform of the Lords, and we are unlikely to see another one for some time. Therefore, this House is entitled to say, as it goes through, that we are interested in some further reforms and that some further limited reforms might appropriately be attached to this Bill. That is what we are now discussing.

I look forward to the Government making an announcement at the start of Report on what further changes in the structures, Standing Orders and procedures of this House they propose, what further consultation on legislative changes they have in mind and when they propose to complete them, so as to help the passage of this Bill through the House. I strongly support this amendment. I do not mind whether the changes are made in one form or another, but they are simple to make, and it should be done.