Equality Bill

I would like to make two points. The first has been made by the noble Baroness, Lady Morris, that the rights of older people have to be balanced against the rights of younger people in our society. It may be entirely proper to look at the way in which that is codified. One has to take a view of the whole of society and not just the individuals within it. I made that point strongly at Second Reading and it illustrates the point in this other area. I shall say no more about that. Secondly, I suggest that this is an area which the church has already visited. Until 1975, there was no mandatory retirement age for clergy, and so we can bring experience to the debate. Clergy who were appointed to their posts before 1975 could stay in post until they died—and in one or two cases perhaps even beyond that. We introduced a retirement age of 70 in the Ecclesiastical Offices (Age Limit) Measure 1975. Prior to that measure, there was a problem with people staying in post too long without a proper review structure. People’s performance in office does not deteriorate overnight: it deteriorates gradually, as was said. It is difficult to raise these issues with people unless there is a clear structure for doing so. Introducing a capability process would be a sledgehammer in these circumstances. Careful consideration is needed. At the moment, the church has a default retirement age of 70, which society is moving towards. We have just reviewed our processes, as noble Lords will know, and while clergy are officeholders and not employees, we try to shadow the provisions in employment law. Under the new common tenure arrangements that will come into force in a year's time, the default retirement age of 70 will remain in place, but it will be open to a Bishop to license somebody on an annual basis thereafter—with strict limitations on rights beyond 70, but with the possibility of working beyond that age. In going along with the spirit of what the noble Lord, Lord Lester, is proposing in his probing amendment, I ask whether he accepts that there would need to be a structure that prevented the rights of older people being individually exercised to the detriment of society as a whole, and whether that would take into account any gradual deterioration of performance, which would need to be done sensitively.