Act of Parliament | |
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Long title | A Bill to remove any remaining connection between the 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Text of statute as originally enacted |
This article is part of a series on |
Politics of the United Kingdom |
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Part of a series on |
Peerages in the United Kingdom |
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House of Lords |
The House of Lords (Hereditary Peers) Bill, sometimes referred to as the Hereditary Peers Bill, [1] is a bill in the Parliament of the United Kingdom. The bill, if passed, will remove all remaining hereditary peers from the House of Lords and future involvement in British parliamentary processes.
House of Lords reform was proposed at the 2024 United Kingdom general election in the Labour Party manifesto, which included an age cap for life peers and the removal of hereditary peers entirely. [2]
Reform of the House of Lords has been a part of successive Government policy since the early 19th century. [3] The last major change was made in the House of Lords Act 1999 under the first Blair ministry, which provided that: [3]
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 intended to eject hereditary peers in their entirety, however the exceptions made (Section 2 of the Act) were reached as part of a compromise agreed between the Houses of Lords and the Commons during the Bill's passage through Parliament. [4]
The Bill, if passed, will eject all remaining 92 hereditary peers from Parliament, although the Earl Marshal and Lord Great Chamberlain will continue to carry out their ceremonial duties, no longer being automatically entitled to a seat in the chamber unless they are created life peers. [5] The 26 Lords Spiritual and a variable number of life peers will remain sitting in the upper house. The sections of the bill as introduced are listed below: [6]
The bill has received criticism including from former Leader of the House of Lords and hereditary peer Lord Strathclyde, who suggested that so as to reduce the size of the House of Lords, peers who infrequently attend debates ought to be removed instead of the remaining hereditary peers, who have been very active. [7] Minister of State 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 Constitution Unit asserted that the only other country with a hereditary element in its legislature were the hereditary chiefs in Lesotho's Senate, [8] [9] 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 Legislative Assembly of Samoa. [10] [11] [12] [13]
Numerous members of the House of Lords have said that other elements of Lords reform should be prioritised, such as the removal of the automatic right of Church of England bishops to sit in the upper house as Lords Spiritual, [14] pointing out that the only other sovereign nation where clerics are automatically granted a legislative seat is Iran. [15] Baroness Harman subsequently introduced an amendment that would mandate the government to introduce proposals to remove the right of the 26 Church of England bishops who sit ex officio as Lords Spiritual, in line with Labour's election manifesto commitment to consult on wider reforms of the upper house; [16] she withdrew her amendment before debate. [17] Lord Birt also introduced an amendment to require proposals to remove the Lords Spiritual, but he withdrew his amendment before debate. [18] Viscount Hailsham introduced an amendment to remove the Lords Spiritual by phasing them out through retirement; [19] Lord Hailsham did not move his amendment at the committee stage debate. [20]
The bill was formally introduced to Parliament by Pat McFadden, receiving its first reading on Thursday, 5 September 2024, [21] with its second reading on 15 October.
The bill then proceeded to Committee Stage, where, due to its constitutional significance, it became subject to a Committee of the Whole House. The committee, and then the bill's third reading, took place on 12 November 2024 with the bill passing the House of Commons by a vote of 435–73. [21] [22]
Amendment | Ayes | Noes | 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 then introduced by Leader of the House of Lords Baroness Smith of Basildon, receiving its first reading in the House of Lords on 13 November, and its second reading on 11 December. [21] The bill was debated in five sittings at its Lords committee stage, on 3, 10, 12, and 25 March, and 1 April 2025, [23] before proceeding to the report stage which was held in two sittings on 2 and 9 July 2025. [24] The bill received its third reading on 21 July 2025. In addition to the three amendments accepted at the report stage, six amendments were accepted without a vote at the third reading. [25] One of those six amendments was that a resignation notice from the House of Lords may be signed and given behalf of a peer who lacks capacity. [26] 51 hours (9 days) of scrutiny were given in the House of Lords with a total of 146 amendments being tabled in committee, with 124 debated and a further 36 tabled in the report stage. [27]
Amendment [28] [29] | Content | Not content | Result [30] [31] [32] [33] | |
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2 | Abolition of by-elections and allowing the current excepted hereditary peers to remain in the House of Lords | 280 | 243 | Accepted |
4 | Duty to take forward proposals for introducing directly elected members in the House of Lords | 84 | 263 | Not accepted |
5 | Life peerages not to be conferred against recommendation of the House of Lords Appointments Commission | 55 | 234 | Not accepted |
13A | Requirement of all ministers in the House of Lords to be paid, except those appointed before the requirement comes into effect | 284 | 239 | Accepted |
17 | Life peerages to be created with or without a seat in the House of Lords | 265 | 247 | Accepted |
23A | Duty to implement recommendations of the select committee on reforming the House of Lords | 139 | 158 | Not accepted |
27 | Duty to undertake a consultation on applying gender equality to determining hereditary peerage claims | 11 | 126 | Not accepted |
The House of Commons consideration of the Lords' amendments took place on 4 September 2025. [21] The House of Commons agreed without a vote the amendment that a resignation notice from the House of Lords may be signed and given on behalf of a peer who lacks capacity and four other amendments relating to the same issue, but other amendments were disagreed to. [34] [35]
Amendment [34] | Ayes | Noes | Result [35] | |
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1 | Abolition of by-elections and allowing the current excepted hereditary peers to remain in the House of Lords | 336 | 77 | Not accepted |
2 | Requirement of all ministers in the House of Lords to be paid, except those appointed before the requirement comes into effect | 331 | 73 | Not accepted |
3 | Life peerages to be created with or without a seat in the House of Lords | 338 | 74 | Not accepted |
The 2024 Labour Party manifesto provided a commitment to introduce an age limit for members of the House of Lords: "At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords. A Labour government would ensure all peers met high standards, would introduce a new participation requirement, and would strengthen the circumstances in which disgraced members could be removed. It would also reform the appointments process, to ensure quality, and would seek to improve the national and regional balance of the chamber." [36]
There is some support amongst peers for a measure to strengthen the powers of the House of Lords Appointments Commission. [37]
The Labour Party also conceives a longer term plan (beyond 2029) to replace the upper house with an "alternative" second chamber. [36] [38]