Lord Keen of Elie (Con)

My Lords, first, I apologise if my voice fails—although many noble Lords may appreciate that eventuality. I begin by addressing the amendments moved by my noble friends Lord Blencathra, Lord Hailsham, Lord Dundee, Lord Parkinson and Lord Dobbs and the noble Earl, Lord Devon. However, I divide them into two categories: the issue of a retirement age and the issue of term limits. I will not address the latter in the context of this debate, but I will address the former, because it is one of the Government’s manifesto commitments. They expressly said that. Here we are, almost at 10 pm, debating whether it is appropriate for us to have a retirement age of 90 years, 85 years or perhaps even younger. The general public would regard such a debate as quite surreal. The question posed by my noble friend Lord Goschen is very much on point. It is incumbent on the Government now to step up and explain why they put the issue of a retirement age into their recent manifesto. It was not done on the spur of the moment; these things are thought out, debated and considered. Yet we struggle to identify the raison d’être for that manifesto commitment; it simply floats in the air. Comments have already been made about other professions and pursuits and the issue of retirement, but, clearly, no one has ever contemplated an official retirement age of 90. That is why I wonder about the terms of this debate at all. In banking and finance, one would generally expect retirement at 55. Why? Because those organisations want to refresh themselves. In the judiciary, until recently the retirement age was 70; it is now 75. That is not because of the belief that judges who reach the age of 75 are no longer capable of interpreting and applying the law—many are, some are not and some never were. Be that as it may, there is a further, more important issue. It is the issue of public confidence. If you walk into a court to have a serious issue determined in a court of law and discover that the judge is 92 years of age, you would rightly have reservations about his ability to determine a complex issue. It is no different for those who do not interpret and apply the law but purport to make it. The issue is not whether Lord Mackay of Clashfern was able to contribute to the proceedings of this House into his 90s, or whether the noble Lord, Lord Dubs, is still able to do so—I do not doubt that for a moment. But there is a very real issue of public confidence. That is also married to an issue about the numbers in this House, and how we deal with that issue.