Lord Ashton of Hyde (Non-Afl)

My Lords, in 1934, Percy Shaw patented the cat’s eye, the ubiquitous reflective road stud that we all recognise. It is one of the most perfect inventions and recognised as one of the top 10 British design icons, along with, among other things, the Spitfire, the telephone box and the world wide web. It is simple, effective, self-cleaning and, most importantly, was wholly beneficial to everyone. It had no downsides. I am not claiming that my Amendment 69 is quite in the same league, but it is non-political and non-partisan; it applies to all noble Lords, whether elected hereditaries or life Peers; and—the noble Baroness the Leader of the House will like this—it helps address the view of the Labour manifesto that “the second chamber of Parliament has become too big”. The problem it addresses is to do with the composition of the House, which is why it is relevant to this Bill, and one that faces all party leaders, Chief Whips and the Convener of the Cross Benches. They often have conversations with Peers about retirement, and sometimes those conversations are quite difficult. That is understandable, because it is a sensitive subject, and particularly so when it occurs because the Peer feels that he or she might be losing the mental capacity required to be a Member of the legislature. It is, as I say, a sensitive subject, and I pay tribute to those Peers who have made the difficult and brave decision to retire for that reason. But mental capacity is not a cut and dried issue, and it can vary from day to day or week to week, and it can often reduce over time. When you are over the hill, as they say, you begin to pick up speed. The House of Lords Reform Act 2014 allows a Peer to retire if he or she signs a letter which is witnessed and addressed to the Clerk of the Parliaments. The Catch-22 situation is that the Peer has to have, in the opinion of the Clerk of the Parliaments, the mental capacity to be able legitimately to sign the retirement letter. Even if there is a lasting power of attorney in place, the attorney cannot sign a retirement letter on behalf of a Peer who has lost mental capacity. So we have the perverse situation that an attorney can sell a Peer’s house or use his or her money to pay for long-term care, but has to leave that same Peer able to vote and speak in Parliament, even if their mental capacity continues to reduce steadily. I think everyone would agree that this is not good for the reputation of the House and potentially unkind to the Peer who may still attend the House when, frankly, they should not. Not all Peers will have a lasting power of attorney, even though we should all at least consider it. However, if they have thought it through and decided to establish a lasting power of attorney while they still have mental capacity, this amendment would remove all doubt and allow the Clerk of the Parliaments to accept the attorney’s signature on the resignation letter. I beg to move.