(1 month, 1 week ago)
Lords ChamberThe noble Baroness is implying that there is no notice. To give notice is the very reason for these proposals. It sounds like they are going to happen tomorrow, but these proposals do not come into force, or start to come into force, until 2029, when there will be a retirement age of 85 which will go down each year to 80 by 2033 or 2034. I just make the point that every time a change is suggested, there are those who say, “We want change, but not this change, in this way, and not now”. I think that to survive and do our best work, we often have to embrace some kind of change. The noble Lord, Lord Sherbourne of Didsbury, and others asked why I set up this committee. I think he attributed motives which I would dispute.
On Lords reform issues, our manifesto looked at certain stages, and there are number of issues there. When we were debating at one of its early stages the Bill on hereditary Peers, there were more amendments, more pages of amendments and more pages of Hansard about retirement age and participation—and a number of noble Lords on the other side spoke far more about it—than about hereditary Peers: “Why aren’t we doing anything about this?” So, that is why I set up the committee. I promised this House that rather than just bringing forward legislation, we would give this House the opportunity to examine and look at the issues, to give it the opportunity, as noble Lords asked for, to take some responsibility. No good deed goes unpunished, does it? But there is an opportunity for us to look at this. That is the first point.
Also, I thought we would have learned a lesson from the hereditary Peers legislation. Time and again, my noble friend Lord Grocott brought to this House proposed legislation to say, “We’ll end the by-elections, which means no new hereditary Peers come in and those who are here remain”. That was rejected time and again by the party opposite when it was in government. That would have been a much smoother transition. If the noble Lord wants to intervene on me, please do.
I will just say that it was not whipped by then Government; it was not the party opposite, it was individual Peers. It was a Private Member’s Bill, and Members had authority to challenge the proposal of the legislation. I disagreed with them; I thought that the noble Lord, Lord Grocott, who is a friend of mine and sitting opposite, was right on this issue. I felt he was right, but it was not a party thing. We are not dealing with this as a party; we are dealing—
I have heard the point the noble Lord has made.
I will do, given a chance. The noble Lord, Lord True, when he was Leader of the Opposition, told me that his party opposed it, that it was not his party’s policy. I even offered and got support from the shadow Cabinet for the legislation and the noble Lord will confirm that it was rejected by the party opposite when it was in government. I was told that then Government did not want that policy. I did try. It would have been a better way forward, and I think this is a better way forward as well. Let the House make decisions.
On the need for legislation, I think the noble Lord, Lord Wolfson, paraphrased the report very well when he addressed its comments. Does this House really believe that if there is a one-clause Bill to introduce a retirement age, they are not going to change that number when it goes to the other end, to the House of Commons? I think this House could take responsibility and show that we are able to do so. That was the reason I set up this committee. The size of the House is an issue, but the way to address it, as other noble Lords have said, is not just through a retirement age—I do not think that anybody thinks that will be the entirety of the way to address that.
I made the point a moment ago, and I have said it when we have looked at these issues before, including during the passage of the hereditary Peers Bill: this will be an opportunity for the House itself to bring forward proposals, to take action and to show that it can lead reforms rather than resist them. If this House wants to have influence on policy that affects it, the way to do so is to take action ourselves. I hope we will consider that. We have an opportunity here to do so.
The report before us has been genuinely led by the House. Over 100 Members submitted evidence to the committee and it has been interesting to listen to the views of the House today. I have been clear that I am listening to the debate. I have not yet responded to the report formally through the Government but will do so and take note of this debate as well.
I turn to the specifics of the report. The committee makes the point that, because Members of this House tend to be appointed later in their careers, with an average age at introduction of 59, it is entirely logical for our retirement age to be higher than in other professions. By striking the balance at the age of 80 by 2034, which is later than for judges, magistrates and our Bishops, we do not lose the benefit of a Peer’s experience prematurely, but we do address some of the concerns that have been raised and it allows us to bring in the new expertise and talent we need. I was particularly grateful to the committee for looking at transitional arrangements. The point that the noble Baroness, Lady Scott, did not seem to take to was that this gives colleagues time to prepare. It will help Members know when they are likely to retire and address how we can bring in new Members.
On the comments from the Cross-Benchers, the 20% has never been formally recognised but I think it is a fair size for the Cross Benches. I would certainly support it, and I will talk to the convenor and others about it. I think nobody in this House would want to see the Cross-Benchers fall behind that kind of level, but certainty would help in trying to address the kind of skill set needed.
On the numbers of HOLAC Peers, I checked this earlier today and I was quite shocked. Two HOLAC Peers came in last year. The party opposite suggested that there must be more HOLAC-appointed Peers, so it is rather a surprise to find that in 2014, 2016, 2017, 2019, 2020 and 2023 there were no HOLAC-appointed Peers. It is a matter for the Prime Minister, but clearly there has to be a much better allocation. The only reason I hesitate over 20% is, as I said before, the imbalance around the House. The House works better, as noted, if the party of government and the Opposition are roughly the same size. That is perfectly doable with a Cross Bench of around 20%, but it needs to be worked out with the Cross-Benchers and looking at the skills needed.
(1 year, 4 months ago)
Lords ChamberMy Lords, I welcome the report and what the Leader of the House has said. Some very important points have been made. As a member of the commission, I know that it is well versed in and very involved in discussions on these matters.
This is undoubtedly the right way forward. We are served in this House by some excellent and dedicated people, through all levels of service. We are going to see more joint working. Since I took over as chairman of the Services Committee, carrying on the excellent work done by the noble Baroness, Lady McIntosh of Hudnall, we have looked at having some joint meetings with the Commons Administration Committee, which will be taking place later this year. I want the Leader to think about the way in which that joint directorate is in future going to be accountable to both Houses through its membership—not just the commission, though the commission is important. A lot of business goes to the commission, and sometimes there is not always time available to us as a commission to apply the kind of in-depth knowledge and attention that is sometimes needed to the various issues that come along.
I hope that the Leader will address the issue raised by the noble Lord, Lord Foulkes, which I know is in her mind. We must ensure that the governance of any joint working body is seen to be clearly accountable to both Houses, and that it involves the memberships of both Houses. That said, I very much welcome the report.
A number of Peers present at the moment, and indeed the Clerk of the Parliaments, went home rather late last night. As we did so—the door was conveniently left open for us to go through at our liberty—I noticed a large number of heavy-duty lorries outside, parked across the bus stop. This morning, as I came in, I noticed that fencing has been erected in front of the doorway. It looks to me like a bit of an eyesore, if I am honest, and I cannot understand why we have allowed this to happen.
In connection with last night’s debate, I wonder whether it is intended that Victoria Tower Gardens should be similarly surrounded by fencing of a similar nature. I think we should be told. It seems to have happened without much consultation, under the heading of “security”, and I think it is regrettable.
I have to say to the noble Lord that it is not nonsense. There have been officers with machine guns on the door, but that does not take away the need to have a proper door that is secure for the House. I do not know whether the noble Lord has ever read the Murphy review, which covered both Houses—it may have been published when he was in the other place; I am not sure whether he was in this House then. We need to take these things seriously. All of us will have solutions and simple answers and will say, “If you do this, it will be fine”. But let us just look at getting the door up and running. The purpose today is to look to the future, and the issue before us is the joint department. I am grateful for the noble Lord’s comments; I hope that my next job will be at the UN.
The noble Baroness was talking about the minutes. I have asked the Printed Paper Office if it has copies of the minutes of the commission’s meetings. In fact, I have asked several times. There are some copies, but they date from February; they are on the table where we collect our papers in the morning. It may be that they are available online, but when I have asked the people in the Printed Paper Office, they have said, “Well, they’ll send them to us when they’ve got them to give us”.
Well, I am not quite sure why there is such a delay. The minutes of the meeting that took place this week were approved yesterday, and they will be available this week. I think the noble Lord may have been misinformed, but they are available as they have been approved. We have changed the process because they used not to appear until the next meeting, which is unacceptable, so in recent times they have been made available online ASAP. I shall check, but the noble Lord can find them on his computer, on the intranet. The minutes will appear later on, but the decisions are available as a matter of course and, if he does not get them, he should come and tell me and I shall make sure that he does.
(1 year, 7 months ago)
Lords ChamberMy Lords, as a signatory of the amendment, perhaps I may make one or two points in support of my noble friend Lord Ashton.
A lasting power of attorney gives the attorney a power to make decisions about two sets of things—health and welfare, and property and financial affairs. Under health and welfare, the attorney can deal with your daily routine—washing, dressing and eating. They can make arrangements for your medical care, for moving into a care home and for life-sustaining treatment. They can make use of that power when you are unable to make your own decisions.
A property and financial affairs lasting power of attorney can be used as soon as it is registered and with your permission. That allows the attorney to manage a bank or building society account to pay bills, to collect benefits or a pension, and, as my noble friend Lord Ashton mentioned, to sell your home. These are big decisions in both types of power of attorney. However, as he pointed out, what they cannot do is enable you to retire from this House when you have lost your faculties.
I am particularly interested in this amendment because, having been on the Conduct Committee for the last three years—I came off it in January—it appeared to me and perhaps to other members of the committee that loss of mental capacity is something that this House will have to deal with in a humane but none the less determined fashion. Had the noble Lord, Lord Harris of Haringey, been making that point about this being out of scope of this Bill in a court, I would have said it was a mere pleading point and, “Shall we just get to the substance?” The substance is that this is an issue—the noble Lord, Lord Wallace, was right to address it—that has to be dealt with, if not within this Bill then in some other way by the House, because we are facing a growing and difficult problem of people who are beginning to fail to understand that they should no longer be here. It may be cruel to expel people, but if they could make up their own mind, they would do so. We need to cater for those who have lost the ability and the capacity to make that decision.
I urge the House, if it does not accept the amendment in its current terms, to understand that this is a problem that faces us, and we must deal with it as a House.
Perhaps I may say a few words as the predecessor of my noble friend Lord Ashton of Hyde as Chief Whip for the Government in this House. When I was serving under the noble Baroness, Lady May, she was very keen to make sure that the numbers in this House did not increase exponentially. We have the noble Lord, Lord Burns, in his place today, to thank for a very good report on not increasing the numbers in this place.
I spent a lot of time, along with my noble friend, trying to urge people to retire when they could no longer participate in this House or do anything to add to our deliberations in any way. I felt that we needed to do something about this. So when this amendment was pointed out to me, I did not take the view of the noble Lord, Lord Harris of Haringey, although I totally agree with his analysis that it is not covered by the Short Title of the Bill, except for the reference to “hereditary Peers”. This should apply to all Members of the House, and I urge the Government, when they come across this issue on Report, to propose their own amendment to address it on behalf of the whole House, or to suggest ways in which we can do so with the support of all Benches. The need to achieve this objective has been very well explained.
(1 year, 7 months ago)
Lords ChamberMy Lords, I put on a tie this morning which represents the royal agricultural societies of England, Wales, Scotland and Northern Ireland. Where are they on this list? I learnt something about this—and the former Leader of the House my noble friend Lord Strathclyde and the then Cabinet Office Minister my noble friend Lord Maude will know about this—in the Public Bodies Bill. Schedule 7 to that Bill listed the public bodies that we were going to abolish, and we ended up having to revoke that whole schedule. Lists are an abomination in legislation. I advise the Committee that my noble friend is wrong, and I disagree with him totally on this idea.
My Lords, with due respect to my noble friend, I want to say something on this proposal. The House can normally rely on the noble Lord, Lord Blencathra, for good sense, but this is a seriously bad idea and I can rely on my noble friend the Lord Privy Seal to explain in detail why.
I just want to make the point, speaking as a member of the professional body listed at subsection (5)(z33) of the proposed new clause, that the idea that we come here to provide expertise, professional advice or technical advice is seriously wrong. If we want such expertise, we should pay for people to come and tell us rather than expect individual Members to provide it on the fly. It is the wrong form of representation within this House. I say to the Committee that, as a jobbing actuary, my hourly rate is significantly more than the daily allowance, so I do not want members of my profession or other professions to be taken advantage of.