King’s Speech

Lord Hope of Craighead Excerpts

Tuesday 23rd July 2024 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I join with many others in welcoming most warmly the noble and learned Lord, Lord Hermer, to his place on the Front Bench as Attorney-General. I also congratulate the noble Lord, Lord Khan of Burnley, on his appointment to the Front Bench. The appointment of someone with the learning and experience of the noble and learned Lord, Lord Hermer, as a Law Lord in this House, demonstrated so ably by his excellent maiden speech, is especially welcome—I join with the noble and learned Lord, Lord Falconer of Thoroton, on this point. It brings to life exactly what the Constitution Committee recommended in a report last year. It is so good to have an Attorney-General back with us again in this House.

I shall make one or two points on House of Lords reform. The noble Baroness, Lady Hayman, spoke briefly about this at the start of her speech last Thursday. Like her, I welcome the Government’s manifesto commitment to a smaller House and to those who are appointed to come here being selected because of their ability and their commitment to making a real contribution to our work. However, like her, I wonder whether introducing a hard-edged, mandatory retirement age of 80 is the right approach. Like the noble and learned Lord, Lord Falconer, I am in the firing line of that proposal as I am 68—I mean 86.

[Noble Lords]

You must be 68.

[Lord Hope of Craighead (CB)]

I wish I was; I feel exactly the same as I did when I was 68, but there we are.

The grand old age of 80 may seem like a far-off dream to those in their mid-40s and the passing of years does have its effect—but it does not affect everyone in the same way. The situation of one group to which I belong—former senior judges—is worth looking at as an example of what a hard edge would do. Serving judges are disqualified from sitting and voting in this House for as long as they continue to serve as judges, and their statutory retirement age is 75. Of course, not all of them continue to that age, but some do, such as myself and the late and much-admired Lord Brown of Eaton-under-Heywood. Like me, he was already 75 when he came back here after leaving the Supreme Court, and many of his finest contributions to the work of this House were made when he was well over 80.

The same is true of the late Lord Judge, who was at the height of his remarkable powers when he reached that age, and we can be sure that he would still be contributing just as well today, had he not been taken from us by the sad illness that led to his death. It may be thought that to cut off members of this group after only five years, when they are only just getting their feet under the table, would deprive us of something of value. It would not fit with our special role as a revising House.

Joining the noble Lord, Lord Fowler, I suggest that the better approach is to concentrate on non-attendance as a reason for disqualification. There is a weakness in our participation arrangements that needs to be examined and corrected. We are a part-time House but I wonder whether those who come hardly at all, of whom there are too many, should be accorded the same privilege to sit and vote here as the rest of us who come so often.

Turning to devolution, I welcome the Government’s commitment in the gracious Speech to strengthen their work with the devolved Governments in Scotland, Wales and Northern Ireland. The changes that the general election has brought about in Scotland are profound. I urge the Government to take full advantage of this. There is an urgent need to repair relationships that were so damaged by the attitude of both sides to the independence issue in recent years. It seemed to affect every decision taken by the Scottish Government in their campaign to advance their progression to independence. This, in turn, led to a tight-fisted attitude, understandably so, on the part of the UK Government. Thus, decisions on their part would be used as part of the drive for independence by the SNP. I hope that from now on, in view of these changed circumstances, respect and co-operation will be at the heart of their relationship.

I suggest that the Government look again at recommendations in the report of the Smith commission published in 2015. Two unresolved points deserve attention: further borrowing powers to support capital investment; and the Sewel convention, to which the last Government far too often were unwilling to give effect. If trust is to be maintained, it is essential that the convention be respected at all times by all sides. The commission recommended that the Sewel convention be put on a statutory footing, but the amendment made to Section 28 of the Scotland Act was so worded as to give away as little as possible. It was recognised by the Supreme Court to mean no more than that it remains a convention. I do not think that was what was intended. This needs to be corrected by a change of wording. If that is going too far, it is essential in the meantime that full weight be given in all circumstances to the Sewel convention right across the United Kingdom.