House of Lords (Hereditary Peers) Bill

Earl of Kinnoull Excerpts

Monday 10th March 2025 Lords Chamber

If this amendment, or any of the amendments about retirement age, were to be accepted it would very soon affect me. I would be forced to retire from this place that I love—although I look forward to the second half of my professional career. But I have always held that we are here to serve this House, rather than the House being here to serve us. Least of all is this House here to serve the constitutional meanderings of a Government who have come to a full stop.

[The Earl of Kinnoull (CB)]

My Lords, almost everything in life has a retirement age. I put it to the Committee that having the age of 80 as an upper limit is what most people would expect as being a normal upper limit of something that was still credible.

The second issue is something that I raised both in my speech in November, in our House of Lords reform debate, and at Second Reading in December: the wisdom of imposing a retirement age on the current membership of the House retrospectively, as it were. That would probably produce a cliff edge, which would lead to what I termed an “organisational shock”. The loss of organisational power or human capital, in something which I think is adjudged by many to be performing well, would be a great shame and an unnecessary piece of self-harm. It takes some time to train up new Members. Indeed, it takes some time to find new Members, as HOLAC would be able to tell your Lordships. Accordingly, in the commercial environment, one would look for transitional arrangements and try to find some way of doing that.

The very pleasing Amendment 65, which was so well introduced by the noble Earl, Lord Devon, proposes a simple set of transitional arrangements with two legs that would reduce that organisational shock enormously and allow the House to transition to an age limit of 80 without pain or any loss of our capability and effectiveness. The first leg would impose the age limit only on new Members. This was how, as I remarked in November and December, the judges of the higher courts in England and Wales did it about 35 years ago, as they were worried about the loss of institutional power at that time. They found that a number of judges in fact imposed a retirement age on themselves retrospectively, as it were. They could have gone on forever but chose to retire at the new retirement age. I would expect that to apply, as I said then, and still expect it today. The Cross Bench has a slightly higher average age at 73, so we have a number of people who are in this zone. I expect that would apply with us as well, so imposing it on the new is the first leg of this very clever amendment.

The second leg would give everyone who comes in a minimum of 10 years. Selfishly, from the Cross-Bench point of view, one of the things that we need is judges. We need to supply judges in various circumstances. We needed to supply two for the Holocaust Memorial Bill Committee recently and I have to supply others for other private Bills that are coming through. These are just some examples. Some of the judges we need come from the Supreme Court and they do not retire until they are 75. Only having five years of them, with it taking a couple of years to train them up because they are no longer Members of our House beforehand, would mean that it is better for everyone to have a minimum period. That feature of the amendment from the noble Earl, Lord Devon, is also to be commended to the Committee.

[Earl Attlee (Con)]

My Lords, as I intimated in the previous group, noble Lords who remain after the hereditaries have gone will come under increasing media pressure on the grounds that many are far too old and unelected. Even now, we often see colourful descriptions of noble Lord’s bios, especially when how they speak and vote is not to the particular medium’s liking.

In 2010, on my own initiative, I looked at a list of Peers in age order, expecting to find some age at which noble Lords became ineffective. I can assure the Committee that there is no such point, but over 33 years, what I have sadly seen time and again is Peers losing their mental faculties, alongside a relatively quick physical decline. Now that we have a system of retirement, there is not the moral drive to keep attending past the point of effectiveness, although a few do.

I think we can all agree that octogenarian Peers can be effective and add value. However, at 68, I am beginning to worry that I am out of touch and out of date with the things that I think, and I am experienced in, and that I am out of date with modern society. That is partially why I want to retire in the spring. The noble Viscount, Lord Hailsham, made the point about social media. I do not use social media; I have not got the foggiest clue how to use it. Wisdom and experience are valuable to the House, and I frequently seek the counsel of very old Peers.

The problem is this: the maximum practical limit of the size of the House is about 800. I suspect that is part of the reason why the Government want to get rid of hereditary Peers, despite our experience. What matters is the number of active Peers, not the size of the House, but we also have too many active Peers. My theory is that, after a certain size, the effectiveness of each individual Peer is inversely proportional to the number of active Peers—so each Peer has fewer opportunities. For instance, in Parliaments before 2010, if I got fed up with what the Government were doing, I could roll into the Minute Room and say “Right, Oral Question; I want the next available slot”. They would laugh at me if I did that now; you have to go into a ballot. We never used to have to do that.

The problem is not the effectiveness or ineffectiveness of older Peers; the problem is bed-blocking. We should have Peers on both the political Benches and the Cross Benches who have succeeded in their chosen careers, bought and paid for their house, and secured a decent occupational pension—that is to say, appointment at about the age of 55 to 63. There is no shortage of really good-quality people in this situation. The noble Viscount, Lord Thurso, talked about precisely that. We cannot have them because we have around 200 octogenarian Peers.

I am not saying that we should not have much younger Peers. I am saying that the older Peers are bed-blocking younger potential Peers. I think the solution is to make it clear to new appointments how long their term will be. How long that should be is another matter, but I think we should make it absolutely clear how long new Peers are expected to be here. I do not think it would be fair to retire older life Peers, as they would have believed that they would be here for life. We hereditary Peers have known that we were on borrowed time since 1911.