House of Lords (Hereditary Peers) Bill

Debate between Lord Hermer and Lord Murray of Blidworth

Committee stage
Tuesday 25th March 2025 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am grateful to the noble and learned Lord for giving way. The answer he proposes is that the Prime Minister retains the discretion to appoint retired members of the Supreme Court to this House. How does that answer the point made by the noble and learned Lord, Lord Hope, that this appears to place a slightly invidious choice on the Prime Minister where he is conferring a favour on a judge? If it were automatically all judges, there could be no suggestion that decisions are made that might favour them in the list of peerages.

[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.