This Act was passed during the Conservative governments of 1957–1964, when Harold Macmillan was Prime Minister. Elizabeth II had ascended to the throne just over five years before the Act. The Conservatives tried to introduce life peerages to modernise the House of Lords, give it more legitimacy, and respond to a decline in its numbers and attendance. The Labour Party opposed the Life Peerages Bill on Second Reading: Hugh Gaitskell made an impassioned speech against the proposals, arguing for a far more fundamental reform such as total dismantling of the Lords or a wholly elected house.[1]
Summary
Prior to the Life Peerages Act 1958, membership in the House of Lords was strictly male and overwhelmingly based on possession of a hereditary title. There existed a few exceptions to the hereditary principle, such as for the Lords Spiritual. The Act made it possible for life peers of both sexes to be members of the Lords. Life peers are either barons (a title in existence since the Middle Ages; holders are usually known as Lord for all but the most formal documents) or baronesses (where female; conventionally they choose to be known as "Lady X" or "Baroness X" as preferred) and are members of the House of Lords for life, but their titles and membership in the House of Lords cannot be inherited by their children. Judicial life peers already sat in the House under the terms of the Appellate Jurisdiction Act 1876. The Life Peerages Act greatly increased the ability of prime ministers to change the composition of the House of Lords by permitting the creation of groups of life peers rather than hereditary peerages. This gradually diminished the numerical dominance of hereditary peers.
The Act allowed for the creation of female peers entitled to sit in the House of Lords. The first such women peers were four: Barbara Wootton and Stella Isaacs, who were sworn in on 21 October 1958, and Katharine Elliot and Irene Curzon, who took office the next day.[2][3]
A life peer is created by the sovereign by letters patent under the Great Seal on the advice of the Prime Minister.
Before the Act was enacted, former prime ministers were usually created hereditary viscounts or earls in recognition of their public service in high office, as were the Viceroys of India and exceptional military or front bench figures, for example the former Secretary of State for India and earlier for Air, Viscount Stansgate, and retired Speakers of the House of Commons. The last prime minister and the last non-royal to be created an earl was coincidentally one of the 1958 Act's proponents, Harold Macmillan, on Margaret Thatcher's advice, in the 1980s. Since her time, only members of the Royal Family have been granted new hereditary peerages. In 2023, Prince Edward, already hereditary Earl of Wessex and Forfar, was made Duke of Edinburgh for life, though not under the Act.
Historic approval and 1999 adjustment of House composition
The difference is, of course, that the Labour party lost the argument in 1958. The reform provided by the Life Peerages Act 1958 was a successful single-stage reform of the operation of the second Chamber. History has proved that the Labour party was wrong and Conservative Ministers were right in 1958.[1]
After this agreed with a question from fellow Labour MP, Mark Fisher which stated:
House of Lords Act 1999 – act that restricted the right of hereditary peers to sit in the House of Lords to only 92, elected among all hereditary peers
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.
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 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 women peeresses and all Scottish hereditary peers to sit in the House of Lords and allows newly inherited hereditary peerages to be disclaimed.
The Peerage of the United Kingdom is one of the five Peerages in the United Kingdom. It comprises most peerages created in the United Kingdom of Great Britain and Ireland after the Acts of Union in 1801, when it replaced the Peerage of Great Britain. New peers continued to be created in the Peerage of Ireland until 1898.
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 did permit ninety-two hereditary peers to remain in the House on an interim basis. Another ten were created life peers to enable them to remain in the House.
The hereditary peers form part of the peerage in the United Kingdom. As of August 2023, there are 805 hereditary peers: 30 dukes, 34 marquesses, 189 earls, 110 viscounts, and 442 barons.
The history of the British peerage, a system of nobility found in the United Kingdom, stretches over the last thousand years. The current form of the British peerage has been a process of development. While the ranks of baron and earl predate the British peerage itself, the ranks of duke and marquess were introduced to England in the 14th century. The rank of viscount came later, in the mid-15th century. Peers were summoned to Parliament, forming the House of Lords.
The British peerage is governed by a body of law that has developed over several centuries. Much of this law has been established by a few important cases, and some of the more significant of these are addressed in this article.
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. 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.
Robert Washington Shirley, 13th Earl Ferrers,, styled Viscount Tamworth between 1937 and 1954, was a British Conservative politician and member of the House of Lords as one of the remaining hereditary peers. He was one of the few people to serve in the governments of five prime ministers.
The British nobility is made up of the peerage and the (landed) gentry. The nobility of its four constituent home nations has played a major role in shaping the history of the country, although the hereditary peerage now retain only the rights to stand for election to the House of Lords, dining rights there, position in the formal order of precedence, the right to certain titles, and the right to an audience with the monarch. More than a third of British land is in the hands of aristocrats and traditional landed gentry.
Following the enactment of the House of Lords Act 1999, the number of hereditary peers entitled to sit in the House of Lords was reduced to ninety-two. The Earl Marshal and the Lord Great Chamberlain were entitled to sit ex officio; the remaining ninety were elected by all the hereditary peers before the passing of the reform. Since November 2002, by-elections have been held to fill vacancies left by deaths, resignations or disqualifications of those peers. Since the passing of the House of Lords Reform Act 2014, by-elections have also been held to fill vacancies left by the retirements of those peers.
Re Bristol South-East Parliamentary Election is a 1961 United Kingdom election court case brought about by an election petition by Malcolm St Clair against Tony Benn, the winner of the 1961 Bristol South-East by-election where Benn had won the most votes but was disqualified from taking his seat in the House of Commons as he had inherited a hereditary peerage as 2nd Viscount Stansgate. Benn argued that as he had not applied for a writ of summons, he was not a member of the House of Lords and that the voters had the right to choose who they wanted to represent them.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
