Life peer

Last updated

In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as age and citizenship. The legitimate children of a life peer are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage itself.

Contents

Before 1887

The Crown, as fount of honour , creates peerages of two types, being hereditary or for life. In the early days of the peerage, the Sovereign had the right to summon individuals to one Parliament without being bound to summon them again. Over time,[ when? ] it was established that once summoned, a peer would have to be summoned for the remainder of his life, and later, that the peer's heirs and successors would also be summoned, thereby firmly entrenching the hereditary principle.

Nevertheless, life peerages lingered. From the reign of James I to that of George II (between 1603 and 1760), 18 life peerages were created for women. Women, however, were excluded from sitting in the House of Lords, so it was unclear whether or not a life peerage would entitle a man to do the same. For over four centuries—if one excludes those who sat in Cromwell's House of Lords (or Other House) during the Interregnum—no man had claimed a seat in the Lords by virtue of a life peerage. In 1856, it was thought necessary to add a peer learned in law to the House of Lords (which was the final court of appeal), without allowing the peer's heirs to sit in the House and swell its numbers. Sir James Parke, a Baron (judge) of the Exchequer, was created Baron Wensleydale for life, but the House of Lords concluded that the peerage did not entitle him to sit in the House of Lords. Lord Wensleydale was therefore appointed a hereditary peer. (In the event, he had no sons, so his peerage did not pass to an heir.) (See also Wensleydale Peerage Case (1856).)

The Government introduced a bill to authorise the creation of two life peerages carrying seats in the House of Lords for judges who had held office for at least five years. The House of Lords passed it, but the bill was lost in the House of Commons. In 1869, a more comprehensive life peerages bill was brought forward by the Earl Russell. At any one time, 28 life peerages could be in existence; no more than four were to be created in any one year. Life peers were to be chosen from senior judges, civil servants, senior officers of the British Army or Royal Navy, members of the House of Commons who had served for at least ten years, scientists, writers, artists, peers of Scotland, and peers of Ireland. (Peers of Scotland and Ireland did not all have seats in the House of Lords, instead electing a number of representative peers.) The bill was rejected by the House of Lords at its third reading.

Finally, the Appellate Jurisdiction Act 1887 allowed senior judges to sit in the House of Lords as life peers, known as Lords of Appeal in Ordinary. [1] Those appointees who were not already members of the House of Lords were created life peers by the Appellate Jurisdiction Act 1876 (for their titles, see the list of law life peerages). Initially it was intended that peers created in this way would only sit in the House of Lords while serving their term as judges, but in 1887 (on the retirement of Lord Blackburn) the Appellate Jurisdiction Act 1887 provided that former judges would retain their seats for life. This ended with the creation of the Supreme Court of the United Kingdom in 2009.

Life Peerages Act 1958

The Life Peerages Act sanctions the regular granting of life peerages, but the power to appoint Lords of Appeal in Ordinary under the Appellate Jurisdiction Act was not derogated. The Act placed no limits on the number of peerages that the Sovereign may award, as was done by the Appellate Jurisdiction Act. A peer created under the Life Peerages Act has the right to sit in the House of Lords, provided that he or she is at least 21 years of age, is not suffering punishment upon conviction for treason, and is a citizen of the United Kingdom, [ citation needed ] or of a member of the Commonwealth of Nations, and is resident in the UK for tax purposes.

Life baronies under the Life Peerages Act are created by the Sovereign but, in practice, are only granted when proposed by the Prime Minister.

Life peers created under the Life Peerages Act do not, unless they also hold ministerial positions, receive salaries. They are, however, entitled to an allowance of £300 for travel and accommodation for each day on which the peer "signs in" to the House, though the peer does not have to take part in the business of the House.

"Working peers"

From time to time, lists of "working peers" are published. [2] They do not form a formal class, but represent the various political parties and are expected to regularly attend the House of Lords. Most new appointments of life peers fall into this category.

Normally, the Prime Minister chooses only peers from his or her own party, but permits the leaders of opposition parties to recommend peers from their parties. The Prime Minister may determine the number of peers each party may propose; he or she may also choose to amend these recommendations, but by convention does not do so.

"People's peers"

Peers may be created on a non-partisan basis. Formerly, nominations on merit alone were made by the Prime Minister, but this function was partially transferred to a new, non-statutory House of Lords Appointments Commission in 2000. Individuals recommended for the peerage by the Commission go on to become what have been described by some in the British media as "people's peers". [3] The Commission also scrutinises party recommendations for working peerages to ensure propriety. The Prime Minister may determine the number of peers the Commission may propose, and also may amend the recommendations. Again, by convention, no amendment is made to the recommendations of the Commission.

Honours

Individuals may be created peers in various honours lists as rewards for achievement; these peers are not expected to attend the House of Lords regularly, but are at liberty to do so if they please. The New Year Honours List, the Queen's Birthday Honours List (to mark the Sovereign's official birthday, the second Saturday in June), the Dissolution Honours List (to mark the dissolution of Parliament) and the Resignation Honours List (to mark the end of a Prime Minister's tenure) are all used to announce life peerage creations.

Public offices

Creations may be made for individuals on retirement from important public offices, such as Prime Minister, Speaker of the House of Commons or Archbishop of Canterbury or York.

Sir Alec Douglas-Home, who had renounced his hereditary title of the 14th Earl of Home on becoming Prime Minister, was the first former occupant of the office to receive a life barony. Harold Wilson, James Callaghan and Margaret Thatcher all took life peerages following their retirement from the House of Commons. Edward Heath [ citation needed ] and John Major [4] chose not to become peers. Tony Blair, Gordon Brown, David Cameron and Theresa May have yet to receive a peerage.

Harold Macmillan declined a peerage on leaving office, but over 20 years after retiring he accepted a second offer of the customary hereditary earldom for retiring Prime Ministers, as Earl of Stockton (1984); this was the last earldom to be offered outside the Royal Family. While David Lloyd George also waited a similar period for his earldom, most offers have been made and accepted shortly after retirement such as the Earls of Oxford and Asquith, Baldwin, Attlee and Avon.

Many Cabinet members, including Chancellors of the Exchequer, Foreign Secretaries, Home Secretaries and Defence Secretaries, retiring since 1958 have generally been created life peers. William Whitelaw was created a hereditary viscount on the recommendation of Margaret Thatcher. Viscount Whitelaw died without male issue.

Life peerages have generally been granted to Speakers of the House of Commons upon retirement since 1971, who sit as crossbenchers. (Previously, retiring Speakers had by custom received a hereditary peerage between 1780 and 1970, usually a viscountcy.) George Thomas was the only Speaker after 1971 who still received a hereditary peerage instead of a life peerage, being created Viscount Tonypandy, but he died without male issue. The convention was broken in 2020 when retiring Speaker John Bercow was not granted a life peerage, the first denial of a peerage to a former Speaker in over 200 years. [5] At the time, Bercow was under investigation by the Parliamentary Commissioner for Standards regarding allegations of bullying, with the government claiming that Bercow would fail a "propriety test" conducted for all nominees. Unusually, Bercow was nominated for a peerage by then-Leader of the Opposition and Labour leader Jeremy Corbyn.

The Prime Minister continues to recommend a small number of former public office-holders for peerages. This generally includes Chiefs of Defence Staff, Secretaries of the Cabinet, and Heads of the Diplomatic Service. Every Archbishop of Canterbury who has retired since 1958 has been created a life peer, as have most recent Archbishops of York on retirement. A small number of other bishops—such as David Sheppard of Liverpool and Richard Harries of Oxford—were ennobled on retiring. The Lord Chamberlain must be a member of the House of Lords and so is ennobled on appointment (if not already a peer), while most retiring Private Secretaries to the Queen and Governors of the Bank of England have also become peers.

High judicial officers have sometimes been created life peers upon taking office. All Lord Chief Justices of England and Wales have, since 1958, been created life peers under the Life Peerages Act, with the exception of Lord Woolf, who was already a Lord of Appeal in Ordinary before becoming Lord Chief Justice. Similarly, Lord Reed was created a life peer in 2019 when he was appointed President of the Supreme Court, [6] all of his predecessors in that role having already been created life peers as former Lords of Appeal in Ordinary.

Life peerages may in certain cases be awarded to hereditary peers. After the House of Lords Act 1999 passed, several hereditary peers of the first creation, who had not inherited their titles but would still be excluded from the House of Lords by the Act, were created life peers: Toby Low, 1st Baron Aldington; Frederick James Erroll, 1st Baron Erroll of Hale; Frank Pakenham, 7th Earl of Longford and 1st Baron Pakenham; and Antony Armstrong-Jones, 1st Earl of Snowdon. None of the peers of the first creation who were members of the Royal Family was granted a life peerage, as they had all declined. Life peerages were also granted to former Leaders of the House of Lords, including John Julian Ganzoni, 2nd Baron Belstead; Peter Carington, 6th Baron Carrington; Robert Gascoyne-Cecil, 7th Marquess of Salisbury (better known as Viscount Cranborne and Lord Cecil of Essendon, having attended the Lords by virtue of a writ of acceleration); George Jellicoe, 2nd Earl Jellicoe; Malcolm Shepherd, 2nd Baron Shepherd; and David Hennessy, 3rd Baron Windlesham.

As part of the celebrations to mark the fiftieth anniversary of the Life Peerages Act, Gareth Williams, Baron Williams of Mostyn was voted by the current members of the House of Lords as the outstanding life peer since the creation of the life peerage. [7]

Number of life peers

Peers created under
the Life Peerages Act 1958 [8]
Prime MinisterPartyTenurePeersPer year
Harold Macmillan Conservative1957–1963469.2*
Alec Douglas-Home Conservative1963–19641616.0
Harold Wilson Labour1964–197012220.3**
Edward Heath Conservative1970–19745814.5
Harold Wilson Labour1974–19768040.0**
James Callaghan Labour1976–19795819.3
Margaret Thatcher Conservative1979–199020118.2
John Major Conservative1990–199716026.7
Tony Blair Labour1997–200735735.7
Gordon Brown Labour2007–20103411.3
David Cameron Conservative2010–201624340.5
Theresa May Conservative2016–20194314.3
Boris Johnson Conservative2019–present8241
Total1,50123.7
* Macmillan's average calculated for the 5 years under the Act.
** Wilson's combined average is 25.4 life peerages per year.

Life peerages conferred on hereditary peers (from 1999 onwards) are not included in the numbers.

As of March 2021, there are 687 life peers eligible to vote in the House of Lords. [9] This includes 218 Conservative, 176 Labour, 83 Liberal Democrat and 153 crossbench peers. There are also 10 others representing 4 other parties, 43 non-affiliated, 3 peers labelling themselves as "Independent" but close to a party, and the Lord Speaker. In addition, there are about 70 life peers who have retired from the House of Lords since 2010, as well as several who are otherwise ineligible to vote or removed for non-attendance. [10]

The Appellate Jurisdiction Act originally provided for the appointment of two Lords of Appeal in Ordinary, who would continue to serve while holding judicial office, though in 1887, they were permitted to continue to sit in the House of Lords for life, under the style and dignity of baron. The number of Lords of Appeal in Ordinary was increased from time to time – to three in 1882, to four in 1891, to six in 1913, to seven in 1919, to nine in 1947, to 11 in 1968 and to 12 in 1994. These provisions were repealed by the Constitutional Reform Act 2005 which created the Supreme Court of the United Kingdom.

The rate of creation of life peerages under the Life Peerages Act has been fluctuating, with a high rate being most common right after a new party is elected to government. Consequently, David Cameron and Tony Blair have created life peerages at high rates, at 40.5 and 35.7 peerages per year respectively. However, current prime minister Boris Johnson has the highest rate of creations, at 41 peerages per year (as of 27 July 2021).

Conservative Prime Ministers have created on average 21 life peers per year in office, Labour Prime Ministers an average of 27 per year. In absolute terms, the Conservatives (in 37 years) have created slightly more (766 out of 1416, as of September 2019) life peerages than Labour (in 24 years); Conservative Prime Ministers (especially Macmillan) also created the vast majority (52) of the 59 hereditary peerages created since 1958. [11]

In 1999, there were 172 Conservative and 160 Labour life peers in the House of Lords, and by 4 January 2010, there were 141 Conservative and 207 Labour life peers in the House of Lords. The hereditary element of the House of Lords, however, was much less balanced. In 1999, for example, immediately before most hereditary peers [12] were removed by the House of Lords Act, there were 350 Conservative hereditary peers, compared with 19 Labour peers and 23 Liberal Democrat peers.

Disclaiming

The Peerage Act 1963 allows the holder of an hereditary peerage to disclaim their title for life. There is no such provision for life peers. The Coalition Government's draft proposal for Lords reform in 2011 "provides that a person who holds a life peerage may at any time disclaim that peerage by writing to the Lord Chancellor. The person [and their spouse and children] will be divested of all rights and interests attaching to [that] peerage." [13] This proposal did not become law. In 2014 under the House of Lords Reform Act it became possible for peers to resign from the House of Lords (without disclaiming the peerage).

Titles and forms of address

Most life peers take a title based on their surname, either alone (e.g. Baron Hattersley) or in combination with a placename (known as a territorial designation) to differentiate them from others of the same surname (e.g. Baroness Kennedy of The Shaws). Surnames need not be used at all if desired. [14] Ian Paisley, for example, opted for the title Lord Bannside, and John Gummer chose the title Lord Deben. There are also occasions when someone's surname is not appropriate as a title, such as Michael Lord (now Lord Framlingham) and Michael Bishop (now Lord Glendonbrook). [15]

The formal style for a life peer is as follows (John Smith and Mary Smith refer to any name; London to any territorial designation):

In the case of a life baron: The Rt Hon The Lord Smith (of London) (e.g. The Rt Hon The Lord Owen)
or The Rt Hon John, Lord Smith (of London) (e.g. The Rt Hon David, Lord Steel of Aikwood)
In the case of a life baroness: The Rt Hon The Lady Smith (of London) (e.g. The Rt Hon The Lady Thatcher)
or The Rt Hon Mary, Lady Smith (of London) (e.g. The Rt Hon Betty, Baroness Boothroyd)

Life peers are often mistakenly called 'Lord' or 'Lady' before their names (e.g. "Lord Andrew Lloyd-Webber") following their ennoblement, but this is incorrect since the correct form should be one of those shown above. [16] Only the daughters of earls, marquesses and dukes, and the younger sons of marquesses and dukes are properly referred to by the courtesy title of Lord or Lady Firstname Lastname.

See also

Notes

  1. McKechnie, William Sharp, 1909: The reform of the House of Lords; with a criticism of the Report of the Select Committee of 2nd December, 1908, p.13
  2. "Latest peerages announced - GOV.UK".
  3. BBC (25 April 2002). "'People's peers' under scrutiny". Caltech. London. Retrieved 19 November 2006.
  4. "Major to turn down peerage". BBC News. 8 October 2000. Retrieved 16 August 2013.
  5. "John Bercow will not get peerage despite Corbyn nomination". TheGuardian.com . 30 May 2020.
  6. "Crown Office". www.thegazette.co.uk. Retrieved 5 October 2020.
  7. "Former Lords leader honoured with award". Yahoo/Epolitix. Retrieved 20 July 2008.[ dead link ]
  8. Beamish, David. "United Kingdom peerage creations 1801 to 2021". www.peerages.info. Retrieved 7 June 2021., as of 7 June 2021
  9. "Lords by party, type of peerage and gender". UK Parliament.
  10. "Retired members of the House of Lords". UK Parliament.
  11. Beamish, David. "United Kingdom peerage creations 1801 to 2019". www.peerages.info. Retrieved 13 September 2019.
  12. "Home Page".
  13. House of Lords Reform Draft Bill (Clause 62)
  14. http://news.bbc.co.uk/1/hi/uk_politics/4123628.stm News article from the BBC remarking on the custom, on the occasion of Tony Banks taking the title Baron Stratford instead of the more conventional Baron Banks
  15. The Norton View — My Lord and Bishop (Accessed 22 May 2015)
  16. Burke's Peerage

Related Research Articles

House of Lords Upper house in the Parliament of the United Kingdom

The House of Lords, formally The Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster.

The peerage in the United Kingdom is a legal system comprising both hereditary and lifetime titles, composed of various noble ranks, and forming a constituent part of the British honours system. The term peerage can be used both collectively to refer to the entire body of nobles, and individually to refer to a specific title. British peerage title holders are termed peers of the Realm. The peerage's fundamental roles are ones of government, peers being eligible to a seat in the House of Lords, and of meritocracy, the receiving of any peerage being the highest of British honours.

Judicial functions of the House of Lords Historical judicial role of the UK House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of England.

The Right Honourable Honorific prefix

The Right Honourable is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, and New Zealand.

Peerage Act 1963 United Kingdom legislation

The Peerage Act 1963 is an Act of the Parliament of the United Kingdom that permitted women peeresses and all Scottish hereditary peers to sit in the House of Lords, and which allows newly inherited hereditary peerages to be disclaimed.

The Peerage of the United Kingdom 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.

George Young, Baron Young of Cookham British Conservative politician

George Samuel Knatchbull Young, Baron Young of Cookham, known as Sir George Young, 6th Baronet, from 1960 to 2015, is a British Conservative Party politician who served as a Member of Parliament (MP) from 1974 to 2015, having represented North West Hampshire from 1997 and Ealing Acton from 1974 to 1997. He has served in Cabinet on three occasions: as Secretary of State for Transport from 1995 to 1997; as the Leader of the House of Commons and Lord Privy Seal from 2010 to 2012; and as Chief Whip of the House of Commons from 2012 to 2014.

House of Lords Act 1999 UK law removing hereditary peerage from the House of Lords

The House of Lords Act 1999 is an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. The Act reformed the House of Lords, one of the chambers of Parliament. 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 November 2021, there are 809 hereditary peers: 30 dukes, 34 marquesses, 191 earls, 111 viscounts, and 443 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 evolution. 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.

Lords of Appeal in Ordinary 1876–2009 British judicial office

Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee for the house, to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters. The House of Lords lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom in October 2009. Lords of Appeal in Ordinary then in office automatically became Justices of the Supreme Court of the United Kingdom, and those Supreme Court justices who had seats in the House of Lords lost their right to speak and vote there until after their retirement as justices of the new court.

Life Peerages Act 1958 United Kingdom legislation

The Life Peerages Act 1958 established the modern standards for the creation of life peers by the Sovereign of the United Kingdom.

Lords Temporal

The Lords Temporal are secular members of the House of Lords, the upper house of the British Parliament. The term is used to differentiate these members—who are 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—from the Lords Spiritual, who sit in the House as a consequence of being bishops in the Church of England.

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 now they 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. Ninety of the first ninety-two 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.

References