House of Lords (Hereditary Peers) Bill Debate

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House of Lords (Hereditary Peers) Bill

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Lord Dobbs Portrait Lord Dobbs (Con)
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My Lords, it is a special moment for me to be able to follow and welcome my noble and dear friend Lord Brady of Altrincham. We have known each other many years, during which a lot of water—and, I have to say, a fair amount of whisky—has flowed under the bridge.

He was a Member of Parliament for 27 years and chairman of the 1922 Committee, it seems, for ever, where he saw the comings, and the goings, of three Prime Ministers. He became the guardian of the deepest secrets of the Conservative Party: how many letters had been signed, and by whom. He was the one who held the sword of Damocles, but his hand never trembled and his integrity never wavered. His voice was known around the land. Great men and women went weak at the knees as they heard his words: “The result of the ballot held this evening is as follows”.

He has made a remarkable first speech. I hope it will be the first of many, many speeches that he makes in this Chamber. I predict he will continue to get many letters—although, in this House, letters written in praise, rather than those written with poisoned pens. The whole House wishes him well, as we say a grateful farewell to the noble Baroness, Lady Quin.

So, to the Bill: it ducks so many issues. For instance, we love to talk about age in this House, but we should be talking about age balance, not just age limits. There have been far too many offstage mutterings about how disgracefully young and inappropriate some of our new colleagues are. The misery merchants have been so busy chomping on their dentures that they have completely failed to see the tireless work of, for instance, the noble Lord, Lord Gascoigne, as a previous Government Whip, the charm and indefatigable eloquence of the noble Baroness, Lady Smith of—I hope I get the pronunciation right—

Lord Dobbs Portrait Lord Dobbs (Con)
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Llanfaes—thank you. I do not always agree with her—with scarcely a word, sometimes —but that is not really the point, is it? The noble Baroness, Lady Owen of Alderley Edge, will on Friday introduce her immensely important Private Member’s Bill on non-consensual sexually explicit images and videos. Youth is not a curse. They are not the problem; in fact, they are the future.

But what is the future of this House? Are the Government going to say to our hereditaries, “Thank you for your contributions, for your expertise, the invaluable experience of generations. You leave this place with your head held high”? That would be a beautifully British way of doing things. Or will the hereditaries be sent away with their heads in a basket, guillotined in front of the mob to provide a “Gotcha” moment, an act of political spite? That would be a disaster, not only for this House but for the Government, too.

So, show respect; that is all I ask. But how? Setting up a former Members’ association has been whispered, or having an old lags’ lunch every Christmas. Forgive me, I do not think that would go anywhere near far enough. Why not, rather like MPs, allow them to retire at the end of the Parliament, rather than the end of the Session, so that they could contribute but not vote? It is a solution that was proposed by a previous Labour Government and would mean that hereditaries would not get in the way of this Labour Government.

As for nominating some as life Peers, the simple question is: how many? The Government have not said, which is why it looks like a “Gotcha” moment. You can have your nominated hereditaries, but only at the expense of others you would otherwise want to bring here.

Now, these issues could be simply resolved by agreement: the Salisbury convention replaced by the Angeline convention. I would say that would be a victory for both the Government and this House. Or will the Government choose to leave a great part of this House angry and bruised, with the goodwill of the Opposition and the Cross Benches lost? Goodwill matters. What do you want? A repeat of the days of Brexit, when the then Opposition and Cross Benches thundered and filibustered night after night in an attempt to frustrate the elected Government and the referendum result? Is that what we want? I hope not.

Let us find ways to give our hereditary colleagues the dignity they deserve. They deserve to walk out as princes, not be pushed out as pariahs. The noble Baroness, Lady Smith, knows I have great personal respect and affection for her. If she can get the balance of this Bill right, she will have earned her place as one of the great Leaders of this House. I wish her wisdom, and I wish our hereditaries well.

House of Lords (Hereditary Peers) Bill Debate

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House of Lords (Hereditary Peers) Bill

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Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I rise to speak to my Amendment 86, which forms part of this group. The noble Baroness the Lord Privy Seal was not in her place in the last debate when I pointed out that I had asked for this amendment—which was initially down to be debated on its own—to be grouped with these amendments so that we can deal with expeditiously in recognition of the points that she and other noble Lords have made.

I raised my concerns with an arbitrary age or time limit in our debate on the last group, so I will not address the merits of the other amendments that noble Lords have moved so far in this group, other than to ask one question. When I was reading my copy of the Daily Mirror this weekend, I saw that the Leader of the House had given an interview saying that she would like to move quite quickly on the matter of a retirement age, which was in the Labour manifesto. She said it might not even require legislation for that to be done. So, to echo the point raised by my noble friend Lord Blencathra a moment ago, if your Lordships’ House votes during the passage of the Bill for a retirement age that enjoys the support of most noble Lords in this House, will the Government keep it in the Bill and implement it so that they can act with the speed the noble Baroness says she would like to move on this?

My Amendment 86 would make it clear that a peerage can be conferred on anybody over the age of 16. I am sure that, when some noble Lords saw this on the Marshalled List, it caused a few raised eyebrows and they may have wondered whether the point was entirely serious. It is—I have tabled this amendment in order to probe the Government’s thinking in relation to their other manifesto commitment to lower to 16 the age of voting for elections to another place. Is it the Government’s intention also to lower to 16 the age at which somebody can stand for election to the House of Commons, or do they plan to give 16 and 17 year-olds the vote but not yet give them the opportunity to put themselves forward for election if they find that there is nobody on the ballot paper who meets their approval?

As noble Lords will know, for many years after the Representation of the People Act 1969, there was such a discrepancy. People could vote from the age of 18 but had to wait until 21 to stand for election. That was changed in time for the 2010 general election—I think the noble Baroness the Leader of the House was a Minister in the Cabinet Office—and the two ages were finally brought into line. I would be grateful if the Minister who is responding could say a bit more about the Government’s intention on the age for candidacy as well as for election.

Whatever the answer to that question, I have tabled this amendment to see the view of His Majesty’s Government on allowing 16 and 17 year-olds into your Lordships’ House to scrutinise the decisions that are made by a lower House which is to be elected and perhaps also partly filled by 16 and 17 year-olds. A bit of scepticism sometimes accompanies the arrival of a relatively younger Member of your Lordships’ House to these Benches, but we have seen in recent weeks and through the valiant work of my noble friend Lady Owen of Alderley Edge, supported by Peers of all ages from across your Lordships’ House to tackle the scourge of deepfake pornography, the benefits of having a multigenerational House, looking at issues that affect our fellow citizens of varying ages.

There is a barrier to having such a multigenerational House in our Standing Orders. Standing Order No. 2 says:

“No Lord under the age of one and twenty … shall be permitted to sit in the House”.


I see that that Standing Order was adopted on 22 May 1685, so, while it is relatively recent in the history of your Lordships’ House, it is a Standing Order of fairly long standing. Does the Minister think that this 17th century barrier should still be in place, given the Government’s wider commitment to give 16 and 17 year-olds the right to vote for and perhaps stand for election to the other House of Parliament?

Lord Dobbs Portrait Lord Dobbs (Con)
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My Lords, I shall say a few words in support of the amendment in my name and that of the noble Earl, Lord Devon. I hope I shall be forgiven, and not accused of parliamentary shenanigans, if, like my noble friend Lord Blencathra, I quote from the Labour party manifesto—although not at the length he did. The words are quite important to our understanding of what is going on. The manifesto says that

“reform is long over-due and essential … The next Labour Government will therefore bring about an immediate modernisation by introducing legislation to remove the right of hereditary peers to sit and vote in the House of Lords. Labour will also introduce a mandatory retirement age”.

Same paragraph, same breath, same thought. There is a full stop between those two very important aspects of parliamentary reform, but that full stop seems to have been decisive in the Government’s approach to this matter. It appears that the Government have indeed come to a full stop on these issues. As much as I like the sound of that, it is not quite the point. How can a full stop be a justification for abandoning the ambitions for a comprehensive and properly considered set of reforms?

Why, if it was promised in the manifesto, have the Government suddenly had a change of heart? After all, a retirement Bill—or a retirement amendment, as we are discussing here—would in many ways be much simpler than the Bill that is in front of the Committee. But this Bill is, of course, not so much a breath of fresh air as a sigh of relief on the part of so many Members on the Opposition Benches.

House of Lords (Hereditary Peers) Bill Debate

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House of Lords (Hereditary Peers) Bill

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Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, I find myself questioning the premise on which this amendment rests, and indeed on which the Bill it is amending rests—namely, that there are too many of us here. It is repeated very often, but it is rarely interrogated or properly analysed. The case against the amendment from my noble friend Lord Blencathra has been eloquently made by others, and I am not going to repeat the points that they have made. My noble friend Lord Astor made an extremely good point about the perverse incentives that it would bring in, my noble friend Lord Hailsham made a very good point about its retrospective nature, and who can disagree with the compelling case made by the noble Earl, Lord Kinnoull, about the low-frequency but high-impact Members?

But we would not be having this debate at all if it were not for this general assumption that we need to free up space. Before I came here, I took that as axiomatic. We are always told that this is the second-biggest legislative chamber after the National People’s Congress in Peking. But too many Peers for what? Do we have difficulty finding a seat in the Chamber? I do not think so; if we look around, we see that there is plenty of space. Do we have difficulty booking a table in the Peers’ Dining Room? Do we not have our Written Questions accepted? Are we pullulating in such numbers that the ushers are unable to cope with us? I do not think so. If we are, the one lot of people we do not have a problem with are those who do not turn up very often. They, by definition, are the ones who are contributing least to the problem and, indeed, claiming least from it.

This Chamber has existed in one form or another since Magna Carta—at least if we count the conciliar form of government that took shape under King John and Henry III as the progenitor and ancestor of this Chamber—and at no stage has anyone felt the need to insert a minimum attendance requirement. It was assumed that it could be left to the patriotism and judgment of the bishops and barons to decide when something was sufficiently important to merit turning up. Have we completely junked that idea of trusting people’s own discretion and judgment?

If it really were a question of numbers and we really did feel that we were massively overloaded, why is it that almost every day we keep on admitting more Members here? If Ministers think that the problem is that this is too large a legislature, why do we seem to be gaining half a dozen people a week? I sometimes feel we are in one of those Gilbert and Sullivan operettas where everyone gets a peerage. I sometimes wonder whether that is the end game—that this country will end up becoming an oligarchy, where the real power is vested in the hands of the last remaining 500 people who still have the right to vote for the other place, and everyone else will have the right to sit here. But, you know, as long as they do not turn up, it is still not a problem—so I come back to saying that I dispute the premise.

I know that Ministers share my view, because they are not proposing a cut-off based on attendance, or indeed a cut-off based on age. They have looked beyond their manifesto and have decided to do the right thing, rather than be bound by the dots and commas of what their manifesto says. I hope they will extend that logic to the only democratically elected element of your Lordships’ Chamber, namely our hereditary colleagues.

Lord Dobbs Portrait Lord Dobbs (Con)
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My Lords, I am delighted to follow my noble friend Lord Hannan, but we do have a problem with numbers. We are constantly being compared with the Central Committee of the Chinese Communist Party. It is a silly jibe but it does us damage. It makes us seem stuffed like a goose. When did we last see 800 Peers in this Chamber—or 700 or 600? Yet the impression out there is that there are far too many of us who are here only because we are stuffed geese. There is widespread, if not universal, agreement that our numbers should come down. That is why I was very happy to join the noble Earl, Lord Devon, on his amendment, which will help to achieve that objective.

The noble Viscount, Lord Trenchard, talked about a part-time House. We all talk about the value of a part-time House. Do we want a full-time House? No, I do not think we do, but neither do we want a no-time house. A peerage is not a zero-hours contract.

It is strange that the Government set out their deckchairs in their manifesto—so far, so very clear about a number of different measures that would help bring down numbers—but for some reason they now seem content to sit on their principles and watch the boats sail by. It is baffling that they do not do what they said they would do, and why they aim their cannons simply at the hereditaries, rather than at, for instance, those who do not participate. A fellow might be forgiven for thinking that some in the Labour Party’s main interest is not so much reform as a bit of cynical old-fashioned class warfare—perish that thought.

I constantly bang on about the fundamental principle that inspires the relationship between individual Peers and our institution, which is that we are here to serve this House. This House does not exist to serve us. The institution, not the individual, must come first. It is not simply a numbers game. More fundamentally, it is about the need to refresh this House to ensure that its experience and advice are up to date and that this House remains relevant. Sometimes you need a fresh wind to blow away cobwebs. If numbers matter, and the Labour manifesto said that they do, I suggest that the amendments we are discussing today would help.

In a slightly wider context, we all know that the Government will get the Bill through, but why do it the hard way—the bitter way? Why strip away the desire to compromise? Why poison the well? Why not show a little willingness, allow a little wiggle room on the Bill? Is it really to be seen just as the use of naked power?

We have, of course, had different points of view expressed, even on this amendment. But I believe that a quick and honourable deal could be reached on the Bill and, indeed, on a wider reform package in line with Labour’s manifesto. That deal could be done this afternoon between the party leaders over a cup of tea, and even before that cup of tea has a chance to go cold.

It is important for the credibility of this Bill, this Government and this House that the Government should try, and be seen to be trying, to come to a broader agreement, than they have done so far. I hope that the Government will open their door and reach out for agreement. That would be so much more dignified and productive than simply being seen to reach out for our hereditaries’ throats.

Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I ask noble Lords to forgive me for echoing what the noble Lord, Lord Grocott, said on Monday. I listened to some amazing speeches, but their delivery will be in the future, not with this Bill. This Bill is so small and its effect on hereditary Peers is absolutely terminal in the end. I am not a prophet, nor a prophet’s son, but I like to have a healthy check.

House of Lords (Hereditary Peers) Bill Debate

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House of Lords (Hereditary Peers) Bill

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Lord Dobbs Portrait Lord Dobbs (Con)
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My Lords, a great and very wise public servant once said that the House of Lords is a disgrace and the enemy of good government. He explained why: it is filled, he said, with people who know what they are talking about. That great servant of the state was, of course, Sir Humphrey.

Our hereditaries have not scratched and scrabbled their way into this House simply for a title. They have already got one—in some cases, several. I doubt that most of them have come here for the occasional 300 quid. By and large, like the rest of us, they have come here to do what they see as their public duty, because they have something to offer—something unique and special. In the words of Sir Humphrey, they do know what they are talking about. I hope that Sir Keir will listen to Sir Humphrey. Sir Keir wants to get his legislation through, and he must, but there is no need to rip this place apart to do so.

My noble friend Lady Mobarik’s amendment is one of many that have been put forward that could bring about a happy solution—the indisputable rights of the Labour Government in harmony with the indubitable duties of this House of Lords. Our hereditary system is coming to an end. That is not in doubt. But our individual hereditary colleagues—our noble friends the Howes, the Kinnoulls, the Strathclydes, the Stansgates and the Addingtons—are not the enemy. They have been, and they are, exceptional public servants.

A very clear mood has emerged around this House this afternoon in almost every speech. I hope that we and the Government will take that into account. There will come a day when we all will have to leave this place. May we go with grace and may we go with the gratitude of our colleagues ringing in our ears. Hereditary Peers deserve no less.

Lord Shinkwin Portrait Lord Shinkwin (Con)
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My Lords, I rise to support Amendment 90E in the names of my noble friend Lady Mobarik and her eclectic range of cross-party sponsors. I congratulate her on the eloquent and powerful conviction with which she moved her amendment. I also thank the noble Baroness, Lady Mallalieu, for her principled and courageous cross-party stance.

As a disabled person, I am quite used to people feeling sorry for me. Today, the people I feel sorry for are the Government, because of the unenviable quandary they find themselves in. There they are with an overwhelming majority in the other place—yet the effect of this Bill will be to undermine your Lordships’ House as the only remaining check within Parliament on their untrammelled power.

That is why I welcome this amendment: because it would help the Government out of their quandary by giving them, and indeed us all, the opportunity to consider the question of our hereditary colleagues from a different, non-discriminatory perspective, one that draws on what unites us and makes us strong as a House of disparate lived experiences, social backgrounds and beliefs, as the noble Baroness, Lady Mallalieu, reminded us. I hope today’s debate will help us all view the question under consideration through the prism of the one theme that I feel has emerged so far and that binds us together: our common commitment to service.

I asked our excellent Library for a few statistics, and I thank it for enabling me to give the numbers a human face—something that is so absent from this clinical Bill. I would like to put the numbers in the context of our hereditary colleagues’ loyal service to your Lordships’ House and to the country. Some 48 of our 87 hereditary colleagues serve as committee members, two as committee chairs. Six of our hereditary colleagues serve as Lord Deputy Speakers: one non-affiliated, one Conservative, three Cross-Bench and one Labour. Eleven of our hereditary colleagues serve on the Opposition or Liberal Democrat Front Benches, or, in the case of the noble Earl, Lord Kinnoull, as Convenor of the Cross Benches.

If we look at attendance, as the noble and learned Baroness, Lady Butler-Sloss, reminded us, we can all agree that it is a really useful and important indicator of commitment to your Lordships’ House. In the 2019-24 Parliament, life Peers attended 47% of the time; our hereditary colleagues attended 49%.

Finally, I will mention length of service and dedication to duty. The average length of service of our hereditary colleagues is 23 years, and the longest length of service is 62 years. That alone is impressive.

There is one figure the significance of which puts the whole concept of loyal dedication and service to your Lordships’ House in perspective: 2,080. That is the total years of service given to your Lordships’ House by our 88—now 87—hereditary colleagues, if we include those who were re-elected following the 1999 reforms. The tragedy of this Bill is that it implies that that counts for nothing. Instead, our cherished, dedicated hereditary colleagues are to be cast out. Look at them, my Lords: they sit among us today, continuing to serve loyally while we debate their fate and they languish—politically at least—on death row, awaiting a summary execution. Is this really how they deserve to be treated?

House of Lords (Hereditary Peers) Bill Debate

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Earl of Kinnoull Portrait The Earl of Kinnoull (CB)
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My Lords, I spoke in November and December, and again in this Committee, about the necessity of avoiding a cliff edge when we were thinking about retirement ages. I thought it would be interesting to inform the Committee of the nature of the cliff edge for the Cross Bench and the necessity I therefore feel for considering very carefully the transitional arrangements, which this series of amendments really goes to.

In a pure sense, we would lose 18.5% of our membership—and, therefore, of the people who put in the hours in this House—upon the coming into force of this Bill. If you adjust that by taking out the people who come less than 10% of the time—the people who really are inactive—that rises to 22.5%. Without a transitional arrangement, the Bill represents quite a difficulty for the Cross Bench in trying to deliver the services we try to deliver to this House.

Lord Dobbs Portrait Lord Dobbs (Con)
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My Lords, I will be incredibly brief. My name is on the amendment, along with that of my noble friend Lord Blencathra. It is an issue I raised at Second Reading. It is something that has been of great importance, but we have had some very fine interventions and speeches this evening, which I do not wish to repeat.

I would simply say, without trying to sound in the least bit pompous, that constitutional change is not just a matter of winning votes; it is also about winning arguments and taking others with you. I simply say to the Government that, judging from the mood I have sensed this evening, if they were to give even a little in this area, they could gain a great deal. I encourage the Government to look again a second time, and indeed a third time, at some of the very fine points that have been made in this House this evening.

Lord Lucas Portrait Lord Lucas (Con)
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My Lords, I express my support for the last speech made by the noble Lord, Lord Newby, on his approach to what might happen on Report, and encourage him to reflect on the suggestion from my noble friend Lord Blencathra that, if that needs reinforcement, it might be by way of making sure we can make changes to this House as a result of secondary legislation that is initiated here.

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Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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As long as it is not a disappointment, my Lord. It would have been a disappointing end to Committee—although we have one more group to go—if we had got to the final groupings without reference to the now famous spreadsheets of the noble Lord, Lord Blencathra. So, I thank him for that.

With regard to some of the comments, before I move on to the substance, I just want to correct for the record a couple of things. I believe that the noble Lord, Lord Parkinson, underestimates the interest of our colleagues at the other end of the building: not least, I believe that my fiancé is watching on television, so I am pretty sure that some Members of the other the other place are interested.

Lord Dobbs Portrait Lord Dobbs (Con)
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I was wondering. I bet a fiver that that lot at the other end of the building are not sitting. If they are sitting in front of a television at home, they are not sitting in that Chamber, as we are. The analogy between us and them and our salaries simply does not hold water.

Baroness Anderson of Stoke-on-Trent Portrait Baroness Anderson of Stoke-on-Trent (Lab)
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My Lords, I thank the noble Lord for his comments. I am a former Member of the other place and I am very aware of their sitting hours. They sit earlier than us. Also, my other half is sitting in his office doing casework while he waits for me to finish. Their hours are extensive and many Members of the other place work excessive hours. It was not unusual for me to work 100 hours a week as a Member of Parliament. I work not dissimilar hours serving your Lordships’ House.

I would also suggest that not only does the noble Lord, Lord Parkinson, underestimate other colleagues, but I want to correct the record for both him and the noble Lord, Lord Moylan. Actually, 13 Bills have received Royal Assent since we took office.

I also thank the noble Earl, Lord Kinnoull, and the noble Lord, Lord Young of Cookham, for their thoughtful contributions, which I think changed the tone of this evening’s debate.

As we have heard, the amendments in this group would delay the commencement of the Bill. Noble Lords may be about to experience a sense of déjà vu, as much of my response will sound familiar from the past two groups. I think it is a fair to observe that the topic of commencement has been particularly affected by the groupings, not necessarily at the request of individuals Members, so I apologise to noble Lords if this feels repetitious.

At one end of the scale, Amendment 107, proposed by the noble Lord, Lord Young of Cookham, would delay commencement until the end of the Session after the Session in which the Bill is passed. The amendment proposed by the noble Lord, Lord Blencathra, goes further by delaying it until the end of the Parliament in which the Bill is passed. The amendment proposed by the noble Lord, Lord Parkinson of Whitley Bay, would delay the removal of hereditary Peers from this place until the end of the Parliament after the Parliament in which the Bill is passed, which would potentially delay the implementation of this overdue reform until as late as 2034—not that I know the dates of future general elections. Just for the record, we talked about future general elections and MPs having an appreciation of that. I was an MP for four and a half years, and I fought three general election campaigns. I did not really have time to prepare for my departure in the way that has been suggested.

As to Amendment 107A proposed by the noble Lord, Lord Moylan, it appears to make the Act come into force at the end of the Session of Parliament which the Secretary of State appoints by commencement regulations. We cannot accept any amendment that would cause delay to the commencement of the Act. The Bill currently provides that it comes into force at the end of the parliamentary Session in which it receives Royal Assent, as set out in Clause 4. In response an amendment tabled by my noble friend Lady Hayter, in the previous group, my noble friend the Leader of the House made it clear that these arrangements seek to ensure the timely delivery of our manifesto commitment without undermining the business of the House and are entirely consistent with the approach taken in 1999. I respectfully say to the noble Lord, Lord Moylan, that the Government already have a precise plan of when to bring this legislation into force, as set out in Clause 4. It is not a good use of the time of the Government, nor indeed that of the House, to require an additional piece of legislation to commence the Act. Given all that has been repeatedly said, I respectfully ask the noble Lord to withdraw the amendment.