House of Lords (Hereditary Peers) Bill

Debate between Lord Newby and Lord Hamilton of Epsom
Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom (Con)
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My Lords, I recognise that this country rather likes retirement ages, but I am afraid I do not share that view. I think of my noble and learned friend Lord Mackay of Clashfern, who recently retired when he was, I think, 93—someone says he was 97; even better. He was absolutely as sharp as a tack until the time that he stood down. His contributions to this House were memorable. He was a very serious man in every way and people listened to him in this House. To think that we would put in place a system that would have got rid of Lord Mackay fills me with absolute horror.

If we want to reduce the numbers, I have never understood why a committee of this House turned down the idea of internal elections. We all know who are the people in our parties who do not come, who do not contribute and who play very little role in this House. Why not allow us to elect them out and reduce numbers that way? Then we would not have this arbitrary business of saying that, because someone has reached a retirement age of X, that is the reason why they should go.

Lord Newby Portrait Lord Newby (LD)
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My Lords, I thought that the noble Lord, Lord Blencathra, had summed up the situation at the end of Committee very well when he said that there was a broad agreement across the House that we needed to act on attendance, participation and retirement. I reckoned without the noble Lord, Lord Hamilton, but, having sat through those earlier debates, I suspect that he is in a relatively small minority in your Lordships’ House. If we think that we need to move on those issues, the key question is how we can do it expeditiously and with the best likelihood of getting an outcome that your Lordships’ House wishes to see. In my view, one way that will not achieve that is to expect to do it all via primary legislation, for two reasons.

First, no Government will want to put before your Lordships’ House a Bill with a raft of provisions for further relatively minor changes, because they have seen what has happened this time. I would not fancy being the Leader of the House who went to the Cabinet committee to explain why another Bill dealing with all these things was a priority for the Government. The other argument, which I have made on a number of occasions, and for which I apologise to noble Lords, is that I do not want the House of Commons deciding what constitutes proper attendance and participation by Members of your Lordships’ House.

To take up some of the proposals that we have just heard, if you were to say to MPs that 85 was to be the par for retirement, you would be more likely to get them to pass something saying that it should be 70, because 85 is so far beyond any retirement age for anything of which I am aware that it appears almost ridiculous to people outside your Lordships’ House. This is not to say that we do not have, and have not had, many Members over the age of 85 who have been extremely impressive well beyond that age, but there are reasons for a retirement age that go way beyond competence. Retirement ages are very often introduced in order to see a throughput of people, get new experience in and prevent an organisation living off its past. That is why retirement ages are very often introduced, and is one reason why we need a retirement age here.

If I am right in thinking that we should not be looking to the Government to produce a Bill covering all these things, how else do we do it? My view is that we can do quite a lot of it via our own Standing Orders. The way to get to the point where we can change the Standing Orders is, in my view, the one that the Leader of the House has proposed.

If we have a Select Committee of your Lordships’ House with strict terms of reference and strict timetables, and which produces proposals, we can implement them very quickly on our own. We should decide what we consider a proper level of participation and what, in our view, constitutes an adequate level of attendance, and we should decide and recommend what we think is a sensible retirement age.

I understand why noble Lords are rather cynical about any proposal by any Government to set up a committee to do something that has no statutory powers to implement its recommendations, but there is such a swell of opinion on this issue about the need for change and a willingness on the part of the Government to accommodate it that I believe we should grasp that proposal. We should put forward good people from our groups to serve on it and task them with coming forward with agreed proposals in the quickest possible time. That is the way we should deal with all these issues. Therefore, I believe that we should not be looking to put amendments in this Bill that deal with one or all of them.

House of Lords (Hereditary Peers) Bill

Debate between Lord Newby and Lord Hamilton of Epsom
Lord Newby Portrait Lord Newby (LD)
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My Lords, this group and the next group of amendments all seek to either defer the implementation of the Bill or to set conditions on its implementation. The reason for that second point has to do with various other changes that noble Lords wish to make in how the House is constituted and behaves, which it believes that it is most likely to achieve by setting those conditions. I disagree with that; I think that the simplest and most sensible thing is to pass this Bill as it is and proceed to look at the other things, as I will now suggest.

Early in these debates, lost in the mists of history, the noble Lord, Lord Grocott, said that he thought that it was unfortunate that the powers that be had allowed amendments on such a wide range of things, and I said that I agreed with him. To a limited extent at least, I have changed my mind, because the earlier debates around retirement, participation and attendance demonstrated that there was a very considerable degree of agreement in your Lordships’ House. Hopefully, that gives us a basis for going forward that did not exist before—and that was a good thing.

The question is how we go forward. An assumption has been that the only way to make those significant further changes is by further legislation. As I said earlier in these debates, I am very wary of that, because the House would cease to be a self-regulating House and would become a Commons-regulated House. The House of Commons would determine what it said about when we should retire, how often we should come and how we should behave when we are here.

Knowing some of my new colleagues, I can quite well imagine that a lot of them think that 80 is far too old for anybody to be in your Lordships’ House. They will think, “Well, I’ll make a bit of a name for myself by putting down 65”. I can see a lot of people thinking, “That’s a jolly good idea—we’ll show ’em”. The arguments that we have heard ad infinitum here about how wonderful we are cut zero ice at the other end of this Palace. I can well imagine that we would find ourselves with a different retirement age to the one that is currently likely to form the nearest thing to consensus in your Lordships’ House.

I equally think that colleagues at the other end, who know very little or nothing about the way we work, would be appalled that we think the kind of attendance level we have been discussing—10%, 15% or 20%—is even vaguely reasonable. They think that we are here to do a job and you cannot do a job on one day a fortnight. I am therefore strongly of the view—and I hope the Leader will take a lead on this—that we should look at ways, which I believe exist, under which we can introduce retirement, participation and attendance norms that would satisfy your Lordships’ House and continue the principle that we are a self-regulating House. I hope she might take a lead by convening a group herself or establishing another group to do the task, within a set timescale, of reaching consensus—or rather, something that nearly everybody can live with—on those areas, so that we can deal with them ourselves.

Apart from anything else, beyond thinking that no further legislation is possible in this Parliament, anybody who has been in government will find it difficult to believe that any Government would introduce a House of Lords reform Bill in two successive Sessions. That is very unlikely for any Government. When I was the Government Deputy Chief Whip, I was on the future legislation committee with Members of the Commons—I think the noble Lord, Lord Young, chaired it at one point. I pity the poor Minister who came to argue before that committee that they wanted a second House of Lords reform Bill within 18 months. I just do not think it is doable.

There is a way forward for all those second-stage reforms. Then there is the third stage: the possibility of the House of Lords being elected. There is a very easy way of dealing with that within the context of this Bill. It is simply for everybody to vote for a resubmitted Amendment 11, in my name, which I shall put down before Report, calling on the Government to start drafting a Bill which looks at electing your Lordships’ House.

Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom (Con)
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Does the noble Lord accept that, if you are going to elect your Lordships’ House, you have to decide what it will do beforehand?