House of Lords (Hereditary Peers) Bill

Earl of Devon Excerpts

Monday 10th March 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, in speaking to my amendment I will be very brief. My noble friend Lord Blencathra articulated a very powerful argument in favour of retirement with which I agree; I have suggested the age of 85 in my amendment. I wish to make three general points and two specific ones.

The general points are these. First, we do need to get the numbers in this House down, and retirement age is one way of doing it. Secondly, and coupled with that, is the need to refresh the membership; that too is important and points to a retirement age. The third point is a difficult one to dwell on too long. In a long political career, both at the Bar and in politics, I have seen an awful lot of people who reached the age of 85 who should have retired—both judges and Members of Parliament, and indeed Members of this House. We need to focus on that.

Turning to my two specific points, the first was touched on earlier in the debate: the fact that our expertise does decay. There was a time when I knew an awful lot about criminal law and practice. I have not practised as a criminal barrister since 2010, and I would hesitate to express any really informed view as to the practice and procedures in the criminal courts today. That is an example of one’s expertise decaying. Similarly—although not quite the same—as one gets older, one has to recognise that one’s expertise on many current subjects is not what the House would wish to have. For example, we are going to be regulating on artificial intelligence. If you ask me what I know about artificial intelligence, the answer is nothing. The same is true of social media too. I do not do social media at all, but we are asked to regulate it. The truth is, there does come a point in one’s life when one’s expertise is not such that the electorate would want us to regulate in any kind of detail.

Therefore, to be brief, I am in favour of a retirement age. We could argue sensibly whether it should be 75, 80, 85 or 90. I plonk at 85, but the truth is that we could properly go for any of those figures.

[The Earl of Devon (CB)]

My Lords, I rise briefly to speak to Amendment 65 in my name, which is a further variation on the introduction of a retirement age. I am grateful to the noble Lord, Lord Dobbs, for adding his name. I would also like to thank the noble Earl, Lord Kinnoull, who discussed this amendment with me, and who addressed the topic so wisely in his speech at Second Reading.

As with the other amendments in this group, Amendment 65 gives effect to the Labour Party manifesto commitment. However, contrary to the other retirement-age amendments, this one introduces important leeway for those who join your Lordships after the age of 70, as it provides that retirement is at 80 or the 10th anniversary of the Member’s introduction to the House, whichever is the later. This is an important distinction, as it does away with the arbitrary 80 year-old age limit. Having noted the number of recent appointments of Members over the age of 70, my amendment would permit such Members to enjoy at least a full decade of activity in your Lordships’ House, irrespective of the age at which they are appointed.

I should perhaps note in the spirit of full disclosure that I am not an octogenarian. Indeed, as a hereditary Peer in his late 40s, I will likely be removed from this House before I turn 50, let alone 80, so I have no dog in the fight. However, I have hugely appreciated the wise contributions of elder Peers and consider the sagacity of our membership to be one of the House’s most valuable features. I remember vividly a Cross-Bench discussion on the constitutional crisis arising from Boris Johnson’s ill-advised efforts to prorogue Parliament, during which a wise voice piped up, saying, “It wasn’t as bad as this during the Suez crisis”.

Just as hereditary Peers provide a length of institutional memory that spans centuries, so individual Members over the age of 80 provide an invaluable personal memory that spans decades. We abandon that at our peril in our rush for youth and the appearance of vigour. Amendment 65 permits us to temper the age-based guillotine, at least a little. On that basis, I recommend it to your Lordships.

[The Earl of Dundee (Con)]

My Lords, my noble friends Lord Blencathra and Lord Hailsham eloquently compare 80, 85 and 90 as different options for a retirement age from this House. Within this grouping, and following my own amendment in favour of 90 as a retirement age, I would therefore also support Amendment 101D in the name of my noble friend Lord Blencathra, which calls for a resolution to enact this.

The argument is that, compared with the other options, a retirement age of 90 far better assists a transitional House, a reformed House and, not least, the present House itself.

Regarding the necessary transitional period between the present House and a reformed one, as your Lordships are aware, a short while ago the noble Lord, Lord Burns, produced a very useful report. One of its recommendations was that, in a given year, the collective total of life Peers who retire or die are replaced at 50%. This means that, in a natural way and over not too many years, current numbers of temporal Peers, at just under 800, will come down to 600.

Obviously, numbers would come down more quickly if life Peers were coerced to retire at either 80 or 85. Yet surely it would be much wiser not to enforce that. Instead, with a retirement age of 90, the transitional period can be expected to be over five years, with the advantage that some new Peers, when they first begin to serve for a fixed period of time, will do so alongside some existing life Peers, thereby becoming all the more able to develop and uphold the skills and democratic efficacy of this House as a revising Chamber.

Then, for a reformed House, there will be many excellent candidates who have just retired from their professional careers, yet who are still prepared to dedicate their time and considerable abilities here. If new Peers serve for 15 years—and I agree with my noble friend Lord Hailsham that they should—a retirement age of 90 thus enables a commencement age of up to 75.

Regarding the present House, research figures already on the face of this Bill give us the mathematics, as my noble friend Lord Blencathra has just reminded us. By 2029, while a retirement age of 80 would cull 327 life Peers, and that of 85 would cull 187 life Peers, a retirement age of 90 would remove 78 instead. Clearly, that is a much more balanced and acceptable figure. In any case, before reaching the age of 90, life Peers playing an active part here after the age of 80 should surely be left to decide for themselves when they will retire.