Act of Parliament | |
Long title | A Bill to Remove the remaining connection between hereditary peerage and membership of the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages; and for connected purposes. |
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Introduced by | Pat McFadden, Chancellor of the Duchy of Lancaster (Commons) Baroness Smith of Basildon, Lord Keeper of the Privy Seal (Lords) |
Territorial extent | United Kingdom |
Other legislation | |
Amends | Peerage Act 1963 House of Lords Act 1999 Constitutional Reform and Governance Act 2010 House of Lords Reform Act 2014 |
Status: Pending | |
History of passage through Parliament | |
Text of statute as originally enacted |
The House of Lords (Hereditary Peers) Bill is a Bill of the Parliament of the United Kingdom. The Bill, if passed, will entirely remove hereditary peers from voting functions within the House of Lords.
House of Lords reform was included within the Labour Party's manifesto for the 2024 United Kingdom general election, which included an age cap on peers and the removal of hereditary peers entirely. [1]
Reform of the House of Lords has been a part of successive government policies since the early 19th century. [2] The last major change was made in the House of Lords Act 1999 under the first Blair ministry, which provided that: [2]
No-one shall be a member of the House of Lords by virtue of a hereditary peerage.
— House of Lords Act 1999, Section 1, Exclusion of hereditary peers.
The Act then provided several exceptions, allowing 90 hereditary peers, as well as the Lord Great Chamberlain and the Earl Marshal, to remain in the House of Lords pending further reform. The Act originally eliminated hereditary peers entirely, however the exceptions made (section 2 of the Act) were as part of a compromise reached between the House of Lords and the House of Commons during the passage of the Bill. [3]
The Bill, if passed, will eliminate all 92 of the hereditary peers from the House of Lords; the Earl Marshal and Lord Great Chamberlain will continue their ceremonial functions in the House of Lords, but will cease to be members. [3] The sections of the Bill as introduced are listed below: [4]
The Bill has been criticised by hereditary peer Lord Strathclyde, who said that to reduce the size of the House of Lords, peers who do not often attend debates should be removed instead of hereditary peers, some of whom were very active. [5] Minister for the Constitution and European Union Relations, Nick Thomas-Symonds, said that "The second chamber plays a vital role in our constitution and people should not be voting on our laws in parliament by an accident of birth".
University College London's constitution unit said that the only other country in the world with a hereditary element in the legislature was the hereditary chiefs in Lesotho's Senate, [6] [7] though other countries have hereditary elements as well, such as the 18 chiefs in Zimbabwe's Senate, Tonga's 9 internally elected nobles in the Legislative Assembly, and Samoa's requirement to hold matai status to stand for election to the Fono. [8] [9] [10] [11]
Others have said that other elements of House of Lords reform should be prioritised, such as the removal of the automatic right of Anglican Bishops to sit in the House of Lords as Lords Spiritual, [12] as the only other sovereign nation in which clerics are automatically granted a seat in the legislature is Iran. [13]
The Bill was introduced formally by Pat McFadden, receiving its first reading on Thursday, 5 September 2024, [14] with its second reading on 15 October 2024. The Bill then proceeded into committee stage, and due to its constitutional significance the Bill is subject to a Committee of the Whole House. The Committee of the Whole House, and then the Bill's third reading, took place on 12 November 2024 with the Bill passing into the House of Lords by a vote of 435-73. [14] [15]
Amendment | Ayes | Nays | Result |
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A25: Would delay commencement until a report by a joint committee of the Commons and the Lords | 98 | 376 | Not accepted |
NC1: Exclusion of bishops | 41 | 378 | Not accepted |
NC7: Duty to take forward proposals for democratic mandate for House of Lords | 93 | 355 | Not accepted |
NC20: Purpose of the Bill | 98 | 375 | Not accepted |
The Bill was introduced into the House of Lords by Baroness Smith of Basildon, and the Bill received its first reading in the House of Lords on 13 November 2024, and its second reading in the House of Lords on 11 December 2024. [14]
The Bill is part of a wider plan by Labour to replace the House of Lords with an “alternative second chamber” in the long term. [16] Part of Labour's plans include eventually replacing the House of Lords with an entirely elected Assembly of Nations and Regions, [17] [18] however it has been stated that this would take more than a single term to accomplish. [18]
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
Peerages in the United Kingdom form a legal system comprising both hereditary and lifetime titles, composed of various ranks, and within the framework of the Constitution of the United Kingdom form a constituent part of the legislative process and the British honours system. The British monarch is considered the fount of honour and is notionally the only person who can grant peerages, though there are many conventions about how this power is used, especially at the request of the British government. The term peerage can be used both collectively to refer to the entire body of titled nobility, and individually to refer to a specific title. British peerage title holders are termed peers of the Realm.
The Peerage Act 1963 is an Act of the Parliament of the United Kingdom that permits female hereditary peers and all Scottish hereditary peers to sit in the House of Lords and allows newly inherited hereditary peerages to be disclaimed.
In the United Kingdom, representative peers were those peers elected by the members of the Peerage of Scotland and the Peerage of Ireland to sit in the British House of Lords. Until 1999, all members of the Peerage of England held the right to sit in the House of Lords; they did not elect a limited group of representatives. All peers who were created after 1707 as Peers of Great Britain and after 1801 as Peers of the United Kingdom held the same right to sit in the House of Lords.
The House of Lords Act 1999 is an act of the Parliament of the United Kingdom that reformed the House of Lords, one of the chambers of Parliament. The Act was given royal assent on 11 November 1999. For centuries, the House of Lords had included several hundred members who inherited their seats ; the Act removed such a right. However, as part of a compromise, the Act allowed ninety-two hereditary peers to remain in the House. Another ten were created life peers to enable them to remain in the House.
Robert Michael James Gascoyne-Cecil, 7th Marquess of Salisbury, Baron Gascoyne-Cecil, is a British Conservative politician. From 1979 to 1987 he represented South Dorset in the House of Commons, and in the 1990s he was Leader of the House of Lords under his courtesy title of Viscount Cranborne. Lord Salisbury lives in one of England's largest historic houses, the 17th-century Hatfield House in Hertfordshire, and currently serves as Chancellor of the University of Hertfordshire.
The hereditary peers form part of the peerage in the United Kingdom. As of November 2024, there are 801 hereditary peers: 30 dukes, 34 marquesses, 189 earls, 109 viscounts, and 439 barons.
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the Dukedom of Edinburgh awarded for life to Prince Edward in 2023, all life peerages conferred since 2009 have been created under the Life Peerages Act 1958 with the rank of baron and entitle their holders to sit and vote in the House of Lords, presuming they meet qualifications such as age and citizenship. The legitimate children of a life peer appointed under the Life Peerages Act 1958 are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage itself. Prior to 2009, life peers of baronial rank could also be so created under the Appellate Jurisdiction Act 1876 for senior judges.
The Life Peerages Act 1958 established the modern standards for the creation of life peers by the Sovereign of the United Kingdom.
The Lords Temporal are secular members of the House of Lords, the upper house of the British Parliament. These can be either life peers or hereditary peers, although the hereditary right to sit in the House of Lords was abolished for all but ninety-two peers during the 1999 reform of the House of Lords. The term is used to differentiate these members from the Lords Spiritual, who sit in the House as a consequence of being bishops in the Church of England.
The reform of the House of Lords, the upper house of the Parliament of the United Kingdom, has been a topic of discussion in UK politics for more than a century. Multiple governments have attempted reform, beginning with the introduction of the Parliament Act 1911 by the incumbent Liberal Government. When the Labour Party came to power in the 1997 general election, the Blair government passed the House of Lords Act 1999. On 7 November 2001 the government undertook a public consultation. This helped to create a public debate on the issue of Lords reform, with 1,101 consultation responses and numerous debates in Parliament and the media. However, no consensus on the future of the upper chamber emerged.
David Garro Trefgarne, 2nd Baron Trefgarne,, is a British Conservative politician. He is currently the longest-serving member of the House of Lords.
Since 1997 the United Kingdom government has been engaged in reforming the House of Lords, the upper house of the Parliament of the United Kingdom. The history of reform before 1997, is set out in sections below about reforms of composition and powers carried out in the past and of unsuccessful proposals and attempts at reform in the twentieth century. Proposals include decreasing the number of lords, introducing a system where lords are democratically elected, or abolition of the House of Lords in favour of a unicameral Parliament.
By-elections to the House of Lords occur when vacancies arise among seats assigned to hereditary peers due to death, resignation, or disqualification. Candidates for these by-elections are limited to holders of hereditary peerages, and their electorates are made up of sitting Lords; in most cases the electorate are those sitting hereditary peers of the same party affiliation as the departed peer.
The House of Lords Reform Act 2014 is an Act of Parliament of the United Kingdom. The Act was a private member's bill. It received royal assent on 14 May 2014. The Act allows members of the House of Lords to retire or resign – actions previously constitutionally impossible for life peers. It also makes provision to exclude members who commit serious criminal offences resulting in a jail sentence of at least one year, and members who fail to attend the House for a whole session. The Act does not have retrospective effect.