House of Lords Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 5
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
136     Page 2, line 4, leave out subsection (1) 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
137     Page 2, line 4, after ("peerage"") insert--
 
("means members of the peerages of Scotland, England, Ireland, Great Britain and the United Kingdom other than those created under the Appellate Jurisdiction Act 1876 or the Life Peerages Act 1958, and")
 
  
BY THE LORD PEARSON OF RANNOCH
THE VISCOUNT MOUNTGARRET
 
138     Page 2, line 4, leave out from ("peerage"") to end of line 5 and insert ("does not include any of the peers of Blood Royal") 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
139     Page 2, line 4, at end insert (", the dukedom of Cornwall, the dukedom of Rothesay") 
139A     Page 2, line 4, at end insert (", the Barony of Renfrew") 
139B     Page 2, line 4, at end insert (", the Earldom of Carrick") 
139C     Page 2, line 4, at end insert (", the Lord of the Isles") 
  
BY THE BARONESS FLATHER
 
140     Page 2, line 6, leave out ("House of Lords") and insert ("Removal of Hereditary Peerage Rights") 
  
BY THE EARL FERRERS
 
141     Page 2, line 6, leave out ("House of Lords") and insert ("Appointed Chamber") 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
142     Page 2, line 6, leave out ("House of Lords") and insert ("Parliament") 
  
BY THE VISCOUNT TRENCHARD
 
142A     Page 2, line 6, after ("Lords") insert ("(Membership)") 
  
After Clause 5
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
143     Insert the following new Clause-- 
     ("  .--(1)  The Parliament Act 1911 shall be amended as follows.
 
    (2)  In section 2(1) (restriction on power of House of Lords as to Bills other than money Bills or Bills extending the maximum life of a Parliament beyond five years) after "five years" there shall be inserted "or a Bill to change the composition of the House of Lords".
 
    (3)   This section shall be deemed to have come into force at the end of the Session of Parliament in which the Bill for this Act was introduced.")
Disapplication of the Parliament Act 1911.
144     Insert the following new Clause-- 
     ("  .--(1)  The Parliament Act 1949 (which amended the Parliament Act 1911 so as to shorten to two years the period during which the government must wait before proceeding under the Parliament Act 1911 with a Bill which has been rejected by the House of Lords) shall not apply in relation to the Bill for this Act.
 
    (2)  This section shall be deemed to have come into force at the end of the Session of Parliament in which the Bill for this Act was introduced.")
Disapplication of the Parliament Act 1949.
  
Before the Schedule
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
144A     Insert the following new Schedule-- 
 ("SCHEDULE 
 EXCEPTION FROM SECTION 1: FURTHER PROVISIONs 
     1. The persons excepted from section 1 by section (Exception from section 1) shall include--
    (a)  75 qualified hereditary peers elected by qualified hereditary peers in accordance with this Schedule, and
    (b)  15 qualified hereditary peers elected by the House of Lords in accordance with this Schedule.
    2. The peers to which paragraph 1(a) refers shall consist of--
    (a)  2 qualified hereditary peers elected by qualified hereditary peers belonging to or affiliated to the Labour party,
    (b)  42 qualified hereditary peers elected by qualified hereditary peers belonging to or affiliated to the Conservative party,
    (c)  3 qualified hereditary peers elected by qualified hereditary peers belonging to or affiliated to the Liberal Democrat party, and
    (d)  28 qualified hereditary peers elected by qualified hereditary peers who do not belong to or who are not affiliated to any political party mentioned in sub-paragraphs (a) to (c).
 
 The Registers 
     3. The Clerk of the Parliaments shall maintain--
    (a)  a register of hereditary peers for the purpose of elections under paragraph 1(a), and
    (b)  a register of hereditary peers for the purpose of elections under paragraph 1(b),
and shall ensure that the registers are available for inspection and published in such manner as the House of Lords may direct.
 
    4. A person who is a member of the House of Lords by virtue of an hereditary peerage (or who would, but for the passing of this Act, be such a member) and who wishes to stand as a candidate in an election under paragraph 1, or to vote in an election under paragraph 1(a), may apply to the Clerk of the Parliaments for inclusion on a register.
 
    5. A person who applies to the Clerk of the Parliaments for inclusion on the register mentioned in paragraph 3(a) shall certify either--
    (a)  the political party mentioned in paragraph 2 to which he is affiliated or belongs, or
    (b)  that he is neither affiliated nor belongs to any political party there mentioned.
    6. A person who applies to the Clerk of the Parliaments for inclusion on the register mentioned in paragraph 3(b) shall certify that he is ready to serve as a Deputy Speaker in the House of Lords or in such other office as that House may require.
 
    7. An application for inclusion on a register and a certificate relating to the application must be in writing.
 
    8. The entitlement of an heir or claimant to an hereditary peerage to inclusion on a register shall be determined as if he were applying for a writ of summons to attend the House of Lords before the entry into force of this Act.
 
 Elections 
     9. The date or dates of elections shall be determined by the House of Lords; but the election under paragraph 1(b) shall be held before the election under paragraph 1(a).
 
    10. At least two weeks before an election the Clerk of the Parliaments shall issue a notice of the day or days of the election together with such details relating to the conduct and place of the election as may be determined by or under Standing Orders of the House.
 
    11. The ballot paper for an election under paragraph 1(b) shall contain the names of each candidate.
 
    12. In the case of an election under paragraph 1(a)--
    (a)  separate ballot papers shall be pursued in respect of each of the elections under paragraph 2(a) to (d), each containing the names of each candidate; but
    (b)  a person who is elected in an election under paragraph 1(b) is disqualified to stand as a candidate.
    13. In an election a person may cast a number of votes equal to the total number of vacancies in the election.
 
    14. The results of every election shall be published in the minutes of proceedings of the House of Lords.
 
    15. The Clerk of the Parliaments shall act as the returning officer in an election and shall certify the results.
 
    16. If the Clerk of the Parliaments reasonably suspects that a material irregularity or some improper conduct may have occurred in an election, he shall refer the matter to the Committee for Privileges.
 
 Vacancies and by-elections 
     17. If a vacancy arises by reason of the death or disqualification of an elected hereditary peer the vacancy shall be filled--
    (a)  for the duration of the Parliament in which this Act is passed, by the unsuccessful candidate who obtained the highest number of votes in the election at which the deceased or disqualified peer was elected; and
    (b)  for any subsequent Parliament, by the holding of a by-election conducted in accordance with this Schedule.
 
 Equality of votes 
     18. Where by reason of an equality of votes in an election--
    (a)  the number of elected hereditary peers would be greater than--
          (i)  any of the numbers specified in paragraphs 2(a) to (d), in the case of an election under paragraph 1(a), or
          (ii)  15, in the case of an election under paragraph 1(b), or
    (b)  in a case under paragraph 17, more than one candidate is eligible to fill a vacancy,
there shall be a further election between the affected candidates conducted in accordance with this Schedule.
 
 Supplementary 
     19. Where any election under this Schedule falls during a dissolution of Parliament it shall be postponed to a date two weeks after the first meeting of the new Parliament.
 
    20. In this Schedule "qualified hereditary peer" means an hereditary peer who is--
    (a)  entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House, or who would but for the provisions of this Act be so entitled, and
    (b)  is included on a register mentioned in paragraph 3.")
 
  
Schedule
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
145     Page 3, line 3, at end insert-- 
 ("15 Edw. 2. Revocation of the New Ordinances 1322. The word "earls" in the last place where it occurs. 
 31 Henry 8.The House of Lords Precedence Act 1539. In section 4 the words from "above all dukes" to the end.
section 7.")
 
146     Page 3, line 3, at end insert-- 
 ("1911 c. 13. The Parliament Act 1911. The Preamble.") 
147     Page 3, column 3, leave out lines 4 to 18 and insert-- 
  ("The Whole Act") 
148     [Withdrawn] 
  
BY THE LORD GRAY
 
148A*     Page 3, line 18, leave out ("4 to") and insert ("5 and") 
  
Preamble
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
149     Insert the following Preamble--
 
    ("WHEREAS it is expedient that consideration should be given to the composition and powers of the House of Lords:
 
    And whereas it is expedient that a Royal Commission should consider and advise Her Majesty's Government with respect to the issues:
 
    But whereas it appears that it is not expedient to wait for the report of the Royal Commission and it appears to be expedient to make such provision as in this Act appears to deprive certain Peers of their right to attend, sit and vote in the House of Lords in this present Session of Parliament and for the future before receiving the Royal Commission's report and advice:")
 
150     Insert the following Preamble--
 
    ("WHEREAS it is expedient that provision should be made for regulating the relations between the two Houses of Parliament:
 
    And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation:
 
    And whereas provision will require hereafter to be made by Parliament in a measure effecting such substitution for limiting and defining the powers of the new Second Chamber, but it is expedient to make such provision as in this Act appears for restricting the Peers who may take part in the proceedings of the House of Lords:")
 
  
In the Title
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
151     Line 1, leave out from beginning to ("to") in line 2 and insert ("Exclude from the House of Lords temporal peers whose dignity as Lords of Parliament was not conferred in pursuance of the Life Peerages Act 1958 or the Appellate Jurisdiction Act 1876;") 
  
BY THE LORD WEATHERILL
THE LORD MARSH
THE EARL OF CARNARVON
THE VISCOUNT TENBY
 
152     Line 1, leave out ("End") and insert ("Restrict") 
  
BY THE EARL OF CLANWILLIAM
 
153     Line 1, after ("Lords") insert ("only") 
  
BY THE LORD GRAY
 
154     Line 1, after ("Lords") insert ("solely") 
  
BY THE EARL FERRERS
 
155     Line 1, leave out ("by virtue") and insert ("because") 
156     Line 1, leave out ("a") and insert ("an") 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
157     Line 2, after ("peerage;") insert ("to allow life peerages to be conferred on disqualified peers;") 
158     Line 2, leave out ("related") and insert ("consequential") 
159     Line 2, leave out ("disqualifications") and insert ("qualifications") 
160     Line 4, after ("Commons") insert ("or the European Parliament") 
  
 
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Prepared 14 May 1999