House of Lords (Hereditary Peers) Bill

Viscount Thurso Excerpts

Report stage
Wednesday 9th July 2025 Lords Chamber

Moved by

[Viscount Thurso]

21: After Clause 1, insert the following new Clause—
“Expiry of right to receive writ of summons(1) The Life Peerages Act 1958 is amended as follows.(2) In section 1(2)(b) omit “subsection (4)” and insert “subsections (4) and (5).”(3) After subsection (4) insert—“(5) For peerages granted after the end of the Parliament in which the House of Lords (Hereditary Peers) Act 2025 is passed, the right to receive a writ of summons expires on the twentieth anniversary of the introduction of the person holding the peerage into the House of Lords.”.”Member's explanatory statement
This amendment introduces a term limit for peerages created after the end of this Parliament by limiting the right to receive a writ of summons to 20 years. It has no effect on existing peerages.

[Viscount Thurso (LD)]

My Lords, Amendment 21 is substantially the same amendment that I tabled in Committee and seeks to achieve the same purpose but with one substantive difference, which is in timing. The amendment I tabled in Committee would have come into effect during this Parliament, whereas this amendment would come into effect in the next Parliament. I will explain briefly in a moment why I came to the decision to change that.

The amendment itself is the same, so I will not repeat the explanation, save that it seeks to create term limits of 20 years. I am not hugely hung up on 20 years, 15 years or 25 years. I am concerned with the principle that nobody should have the right to sit in this place for ever. There is obviously a discussion to be had around retirement, which we have had. I listened very carefully to the comments of the Lord Privy Seal in that debate last week, and think that around that the Select Committee will do a good job. However, I am not sure that it will entirely be able to do the job that is required.

The reasons why I have gone for a new timing are, first, that it would be only fair to allow the current Government the freedom to do what they wish during the lifetime of this Parliament and to perhaps make up for some of the more egregious excesses that happened in the last Parliament. It is a little unfair to remove the current system and, as it were, at half-time change all the rules. That was the first reason, which may just be me being a bit overly fair, but I thought that it was. Secondly, if during this Parliament there is further reform, and if the Government are able to take through legislation which gives us a different landscape, this amendment coming into force in the next Parliament could be got rid of or scrapped.

I want to make it clear at the outset that my primary choice would be a democratically constituted House of Lords, which is what I have said in many of our debates and, on and off, in different guises for the best part of 30 years. I took part in the debates in the other place in 2012 and the consideration of the draft legislation and was happy to vote with the majority in the House of Commons for that Bill to achieve a Second Reading. But I recognise that having got that far up to the hill and been marched back down again by our then leader, there is little chance of anything substantive happening. I rather suspect that the Select Committee will do its work and discussions will continue, but that at the end of this Parliament we will not be greatly further forward than we are now.

The amendment is a real longstop in the sense of if we arrive at that situation, and if, as has been pointed out by a number of noble Lords, the electoral results for the next Parliament are somewhat more surprising than they might have been at the last general election. Indeed, one poll I saw showed that what would be the largest party in the House of Commons would have no representation in this House—although there were one or two speeches last week that sounded remarkably like a job application from the Benches across—while the largest party in this House would be the fourth party in the Commons, which is a completely ridiculous situation. My amendment does not solve that in any way, shape or form, but it would put a burr under the saddle and make sure that if we were in that circumstance, the Government of the day would need to do something about it.

My amendment very much ties in with Amendment 23 in the name of the noble Lord, Lord Burns, which I hope to speak to briefly later, with one exception which I will leave to that point. However, there is an opportunity in this legislation, which may be the only legislation that would affect no one in your Lordships’ House during this Parliament or any of the operation of this Parliament or fetter the Prime Minister in any way during this Parliament but that, if none of the hoped-for reforms came through, would in the next Parliament take effect and oblige, I rather suspect, some action.

I will say two other things in moving the amendment. The first is in response to the noble Lord, Lord Hunt, and his comments earlier about how function should come before form. I take the diametrically opposite view and always have done, and it was a point that was thrashed out in the Committee of both Houses when we looked at it in 2012. I think the function comes from the form; if you introduce a democratic element, the form will change. That also follows the history of what has happened in the relationship between the two Houses over the years. If you have long discussions about the function, you will end up never changing anything and never changing the form. But, most of all, what I would say is—

[Lord Hunt of Kings Heath (Lab)]

My Lords, I cannot resist intervening. How on earth can one go ahead and say we will elect the House of Lords without looking at the powers the House would have? We have the conventions, which, in essence, are voluntary constraints on what we do. The conventions would not last one second with an elected House. It would be wholly irresponsible to simply go ahead with an elected House without sorting out the powers, and particularly what we do when there is a dispute between the two Houses. Would the courts have to be involved? What other mechanism would you have to decide on? You cannot go for an elected House without sorting that out.

[Viscount Thurso (LD)]

My Lords, one of the great joys of being a chalk stream trout fisherman is to land a fly on top of the fish and watch it take with such vigour. I am very grateful to the noble Lord for having done so. I am not going to engage with him in this debate on my amendment, because it is not part of it, as I did not engage when he made the point earlier. If he would like to meet me in the Bishops’ Bar at any time, I will take him through the detail with the greatest of pleasure.

I say to the Lord Privy Seal that if by any chance she were to make me an offer as generous as that which she made to the noble Lord, Lord Ashton, earlier, she would not have to repeat it and I would grab it with both hands. I genuinely hope that the Government might reflect on this. It has been put to me that this is not necessary because if we get our elected House, we will not need to have this form of term limit. That is absolutely true, but my amendment is not about if we get an elected House; it is about if we do not get an elected House.

Finally, I agreed with the Lord Privy Seal when she said, as she once agreed with me when I said it, that we are here not for our expertise but for our judgment. I do not have vast expertise other than in running hotels and trout fishing, but I think I have good judgment. My judgment is that if we fail to do this at this juncture, we may well end up regretting it and not having the kind of reform that we all really would want to have. I beg to move.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

I must point out to your Lordships that the new clause proposed by Amendment 21 would be in substitution for the new clause “Rights of life peers to sit in the House of Lords” agreed by the House earlier today in Amendment 17.

--- Later in debate ---

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, Amendment 21 tabled by the noble Viscount, Lord Thurso, is similar to his amendment in Committee. With regard to a term limit of 20 years, it may be of interest to your Lordships’ House to know that the current average length of service for noble Lords is 13.7 years, which suggests that 20 years may or may not be something the House will want to consider.

The Government agree with the principle that membership of this House should not be for life but respectfully disagree with this approach. As set out in our manifesto, the Government believe that a retirement age is the most effective way of realising this principle while also achieving the objective of reducing the size of your Lordships’ House.

As the Leader of the House set out at the beginning of Report, we want to see further reform of your Lordships’ House, and we are determined to maintain the House’s enthusiasm and determination to implement the manifesto proposals on retirement age and participation. We think this can best be achieved by establishing a Select Committee, and we will work with the usual channels to put forward a proposal for the House’s approval. We believe that looking at these matters in bite-sized chunks is the best way to progress reform of your Lordships’ House.

I also reiterate that that your Lordships’ House should feel confident to take greater ownership over the management of our affairs. That means we should consider where we can implement solutions without the need for further legislation, if that sort of approach has the agreement of the House. Of course, if there is an agreed view that legislation is a better route forward, the findings of the commission may help pave the way to take the relevant legislation forward, because we will have agreed that view. With all these issues in mind, I respectfully ask that the noble Viscount withdraw his amendment.

[Viscount Thurso (LD)]

My Lords, I am grateful to all those who have taken part in this short debate, which highlights the important issue of the size of your Lordships’ House and the fact that, if more people are constantly coming in than are going out, it is always going to get bigger. I rather disagree with the noble Lord, Lord Blackwell, that people should be enabled to come here for as long as they wish; a time limit of a certain length is a fair way of ensuring current expertise and not having the bed blocking that would otherwise happen.

I am grateful for the comments from the noble Baroness, Lady Hayman. I knew she was not going to support me, but I am grateful for the sympathy that she generously gave to the point that I was making. The noble Lord, Lord Young of Cookham, and I were co-conspirators in the other place on many attempts to get a democratic outcome. It was very nice to have his support, notwithstanding the comments of his Front Bench here today.

As always, I am grateful to my noble friend Lord Newby for his comments. I respect his faith in the Select Committee; I have to say that my faith is not quite as strong as his, but we will see where we go with that.

The noble Baroness, Lady Finn, missed the point with considerable style. It is not about 15 years; my whole point is that this was about laying it in the next Parliament to allow people to look at it there.

I say to the noble Baroness, Lady Anderson, that, yes indeed, if you are going to eat an elephant, it is best to do it in bite-sized chunks. However, this elephant has been around for 114 years or whatever it is, and I have a strong suspicion that it will still be galloping around in another 114. However, with that, I beg leave to withdraw the amendment.

Amendment 21 withdrawn.