House of Lords Reform

Earl of Kinnoull Excerpts

Tuesday 12th November 2024 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, I too add my thanks to the noble Baroness the Leader of the House for bringing this important debate to the House today, and for her warm words personally to me just now.

As I have remarked before, the British constitution is a three-legged stool, one each for the Executive, Parliament and the judiciary. Major change by the Executive to the legs of the stool needs to be undertaken with great care, especially if the net effect of those changes is that more power is accrued to one or other of the legs. I underline also the importance of ensuring that, following any major change, the Salisbury convention runs smoothly. I will come to that in greater detail shortly.

The constitutional reform section of the Government’s manifesto contains six separate propositions that involve this House. The first two are in the same paragraph, and are the proposals to remove the hereditaries and restrict the age of Members of the House. This second proposition says:

“Labour will also introduce a mandatory retirement age. At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords”.


I remind people that, if enacted, these two propositions would see the departure by the end of this Parliament of about half the Peers present at the start of it—by any measure, a major change. The number for the Cross Benches, given our slightly older average age, is closer to 60%.

In giving evidence to the PACAC committee in the Commons in May, I commented that there were three unfairnesses in the current make-up of the membership of this House: the hereditaries, the Bishops, and the unlimited and unfettered power the Prime Minister has to make appointments to this House. The greatest unfairness, I continue to feel, is this last one, which is both very powerful and vested in one person. The changes proposed in the Government’s manifesto would add power to the Prime Minister, so that what is already a very large power without precedent in any other liberal democracy is increased. Indeed, the vesting of great power in one person is at the core of the problems we face with authoritarian regimes around the world. However comfortable we might feel with our freshly elected Government today, this is not a satisfactory state of affairs going forward for a major liberal democracy.

In 2017, the noble Lord, Lord Burns—he says, looking for the noble Lord—and his committee produced their seminal report about the size of the House and, by implication, some sort of conventional cap on the Prime Minister’s prerogative powers. We unanimously endorsed it. Many of those who were part of that endorsement are on the Front Benches of the major groupings present today. In any event, we all remember our agreed target of 600. We will hear from the noble Lord, Lord Burns, shortly.

The third Labour proposition concerns addressing participation. My office estimates that changing the requirement for Members to attend from at least one day per Session, which is pursuant to Section 2 of the House of Lords Reform Act 2014, to 10% of the days sat in a Session would affect around 20% of the House. Some Peers would choose to sit a few extra days, clearly, but I still believe that such a new required level would reduce our numbers—and quickly—by at least 12.5%, or 100 Peers. I am in favour of this.

I feel that the introduction of an age limit for newly created Peers would be a good idea. It would mean amending Section 1 of the Life Peerages Act 1958. As my figures on the percentage of the existing membership of the House who would be affected show, introducing age limits on the existing membership would be a large organisational shock that is not necessary and should be avoided. A transitional arrangement is clearly called for.

For similar reasons, this route of implementing a new retirement age on newcomers only was chosen by the England and Wales judiciary 40 years or so ago. In that case, only newly promoted senior judges had the new retirement age; existing judges were unaffected. The exercise was deemed a success. It turned out that some of those who could have continued retired at the new limit in any event, and I would expect that to happen here. If only one in five of those protected stood back, I estimate that an additional 50 colleagues might retire in this Parliament. The three changes—participation, age limits and the hereditaries Bill—could thus represent 240 or so Members leaving this Parliament. We would have a House at or below our target of 600.

I turn to conventions. Last year, my office produced a series of papers on the Salisbury/Addison convention, which is at the core of a successful relationship between the Lords and the Executive. The modern version of this convention came into being post war to assist a Labour Administration facing a non-Labour House of Lords. It has served us well, but it will need to be renewed as part of our reform process, in particular to address the upwards trend in ping-pong. We have been playing ping-pong on more Bills, with more balls and longer rallies. It is a trend, and the trend is still rising. We must tackle it.

For Parliament to come willingly into this programme of reform, the Prime Minister’s power of appointment must also be addressed. The proportionate thing would be for the Prime Minister to enter into a new convention whereby 600 Members was our conventional limit and the Prime Minister agreed to take advice on propriety and suitability from HOLAC. I know that others will develop the theme of HOLAC, and I will listen with great interest; but I believe that there is an appetite here in the House today for an ambitious programme of reform along my four lines—hereditaries, participation, age limits and conventions—and we should grasp the opportunity. However, as we seek to navigate these difficult waters, we must at all times balance constitutional security, the proper relationship between Parliament and the Executive, and the words of the Government’s manifesto.