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Session 1998-99
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Amendments to the House of Lords Bill

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

Here you can browse the Marshalled List of Amendments to the House of Lords Bill to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
1     Insert the following new Clause-- 
     ("  .  The purpose of this Act is to create a more legitimate and more democratic House of Lords which will increase the independence of Parliament and enhance its ability to scrutinise legislation and hold the executive to account.")Purpose of Act.
  
BY THE LORD CAMPBELL OF ALLOWAY
THE LORD CHALFONT
THE LORD NAPIER AND ETTRICK
THE EARL OF NORTHESK
 
2     Insert the following new Clause-- 
     ("  .--(1)  This Act shall not come into force until the people of the United Kingdom have approved its coming into force in a referendum.
 
    (2)  The question to be put on such referendum shall be--
    Do you wish to retain the House of Lords as constituted with the Hereditary Peerage until enactment of a Bill to establish a successor House [YES/NO].")
Referendum.
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
3     Insert the following new Clause-- 
     ("  .  The purpose of this Act is to create a more legitimate House of Lords, which will be better equipped to scrutinise legislation and hold Ministers of the Crown to account.")Purpose of Act (No. 2).
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
4     Insert the following new Clause-- 
     ("  .  A Lord Temporal shall not be entitled to attend, sit or vote in the House of Lords unless his dignity as a Lord of Parliament was conferred on him in pursuance of the Life Peerages Act 1958 or he is a Lord of Appeal in Ordinary.")Exclusion of hereditary peers.
5     Insert the following new Clause-- 
     ("  .  No person shall be entitled to attend, sit or vote in the House of Lords unless his dignity as a Lord of Parliament was conferred on him in pursuance of the Life Peerages Act 1958 or he is a Lord of Appeal in Ordinary or an archbishop or bishop of the Church of England.")Exclusion of hereditary peers (No. 2).
  
Clause 1
 
  
BY THE LORD RANDALL OF ST BUDEAUX
THE BARONESS STRANGE
 
6     Page 1, line 5, at beginning insert ("Subject to subsection (2)") 
  
BY THE EARL FERRERS
 
7     Page 1, line 5, leave out ("by virtue of") and insert ("because he holds") 
  
BY THE EARL OF CLANWILLIAM
 
8     Page 1, line 6, at end insert--
 
    ("(2)  But any holder of a hereditary peerage who has been elected to--
    (a)  the House of Commons,
    (b)  the European Parliament,
    (c)  the Scottish Parliament,
    (d)  the Northern Ireland Assembly,
    (e)  the National Assembly for Wales,
    (f)  a regional assembly in England,
    (g)  the Greater London Authority,
    (h)  a local authority, or
    (i)  consecutively to any of the bodies listed in paragraphs (a) to (h),
for a continuous period of seven years shall be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House by virtue of that peerage on the completion of that period or, in the case of a member of the House of Commons, on the day after he ceases to be a member.
 
    (3)  In subsection (2) "local authority" means--
    (a)  in relation to England, a county, district or London borough council;
    (b)  in relation to Wales, a county or county borough council;
    (c)  in relation to Scotland, a council for a local government area, and
    (d)  in relation to Northern Ireland, a county, district or county borough council.")
 
  
BY THE LORD RANDALL OF ST BUDEAUX
THE BARONESS STRANGE
 
9     Page 1, line 6, at end insert--
 
    ("(2)  Any person who, on the day on which this Act is passed, is a member of the House of Lords by virtue of a hereditary peerage, shall remain a member of that House for their life.")
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
10     Leave out Clause 1 
  
After Clause 1
 
  
BY THE LORD PEARSON OF RANNOCH
THE LORD CLIFFORD OF CHUDLEIGH
 
11     Insert the following new Clause-- 
     ("  .--(1)  From the day on which this Act comes into force, the members of the House of Lords who shall be entitled to sit and vote in that House shall be--
    (a)  the Lords Spiritual;
    (b)  any holder of a peerage under the Appellate Jurisdiction Act 1876;
    (c)  not more than 700 peers who are elected in accordance with subsections (4) and (5);
    (d)  any person who became a member of the House of Lords by virtue of the Life Peerages Act 1958 in any of the four Sessions preceding the Session in which this Act is passed; and
    (e)  subject to subsection (2) below, any person who receives a writ of summons to attend the House of Lords by virtue of the Life Peerages Act 1958 after the date on which this Act is passed.
    (2)  Any person who receives a writ of summons under subsection (1)(e) shall be entitled to sit and to vote in the House of Lords for a period of 5 years, after which he may stand for election under subsections (4) and (5).
 
    (3)  From the day on which this Act comes into force--
 
 
    (i)  all peers who would have been entitled to receive a writ of summons by virtue of the Life Peerages Act 1958 to attend the House of Lords but for the passing of this Act, and

    (ii)  all peers who have been members of that House under subsection (1)(e) for a period of 5 years,
 
 shall be entitled to sit, but not to vote, in proceedings in that House.
 
    (4)  The members of the House under subsection (1)(c) shall be comprised of not more than--
    (a)  240 Cross Bench peers elected by Cross Bench peers;
    (b)  200 Labour peers elected by Labour peers;
    (c)  200 Conservative peers elected by Conservative peers; and
    (d)  60 Liberal Democrat peers elected by Liberal Democrat peers.
    (5)  The electors for the purposes of subsection (1)(c) and (4) shall be members of the House of Lords at the date on which the election is held who--
    (a)  have attended at least 10 per cent of sitting days in each of the 2 Sessions preceding the election, or
    (b)  if they have become a member of the House in either of the 2 Sessions preceding the election, have attended at least ten percent of sitting days since the day on which they were introduced.
    (6)  The Clerk of the Parliaments shall certify--
    (a)  the number of days of attendance of each member, and
    (b)  the total number of days on which the House sat,
referred to in subsection (5).
 
    (7)  Standing Orders of the House of Lords shall make provision relating to the holding and conduct of elections under this section, and that such elections shall be held at intervals of 7 years.
 
    (8)  Subject to subsection (10), the Lord Chancellor may by order made by statutory instrument amend any number specified in subsection (4), but only to give effect to a resolution of the House of Lords.
 
    (9)  An order under subsection (8) shall be laid in draft before, and shall be subject to the affirmative resolution of, each House of Parliament.
 
    (10)  The two political parties with the largest number of seats in the House of Commons shall be entitled to equal representation in the House of Lords.
 
    (11)  Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments.")
Membership of the House of Lords.
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
12     Insert the following new Clause-- 
     ("  .  A peerage under the Life Peerages Act 1958 may be conferred on a person notwithstanding that he is disqualified under section 1 from attending, sitting or voting in the House of Lords, and, accordingly, section 1(4) of that Act shall not apply in relation to any such person.")Life peerages for disqualified peers.
13     Insert the following new Clause-- 
     ("  .  Lords Temporal who are disqualified from attending, sitting and voting in the House of Lords by virtue of this Act--
    (a)  shall not be entitled to receive writs of summons to attend any future Parliament; but
    (b)  shall nevertheless be entitled to enter the Palace of Westminster and use the facilities of the Palace as if they were not so disqualified.")
Rights of disqualified peers.
  
Clause 2
 
  
BY THE LORD WILLOUGHBY DE BROKE
 
14     Page 1, line 8, at end insert--
 
    ("(  )  Standing Orders of the House shall provide that in any election held to determine who is a person to be excepted from section 1, the electorate shall consist of all peers.")
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
15     Page 1, line 8, at end insert--
 
    ("(  )  No person shall be excepted from section 1 by virtue of this section if he has had conferred upon him a life peerage under the Life Peerage Act 1958 or has agreed to accept such a peerage.")
 
16     Page 1, line 8, at end insert--
 
    ("(  )  No person shall be excepted from section 1 by virtue of this section unless--
    (a)  he has been selected for exception by an election at which any hereditary peer, whether disqualified under section 1 or not, is eligible to vote; or
    (b)  he holds or performs for the time being the office of Earl Marshal or the office of Lord Great Chamberlain.")
 
  
BY THE LORD NORTHBROOK
 
17*     Page 1, line 10, after ("but") insert--
    ("(a)  Standing Orders shall ensure that a due proportion of those elected shall reflect the numbers of hereditary peers who represent Commonwealth and overseas territories and crown dependencies and may also make provision for ensuring that those elected represent so far as possible the interests and expertise of hereditary peers; and
    (b)")
 
  
BY THE EARL OF ERROL
 
18*     Page 1, line 10, after ("Marshal") insert ("of England") 
19*     Page 1, line 11, after ("Chamberlain") insert ("of England") 
  
BY THE LORD COLERAINE
 
20*     Page 1, line 12, at end insert--
 
    ("(  )  Standing orders of the House shall provide that the excepted hereditary peers shall consist of the following categories--
    (a)(i)  2 peers elected by Labour hereditary peers;
       (ii)  42 peers elected by the Conservative hereditary peers;
       (iii)  3 peers elected by the Liberal Democrat hereditary peers; and
       (iv)  28 peers elected by the Cross-bench hereditary peers;
    (b)nbsp; 15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require; and
    (c)  any peer holding the office of Earl Marshal or performing the office of Lord Great Chamberlain.")
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
21     Page 1, line 14, at end insert--
 
    ("(  )  If a vacancy arises by reason of the death or disqualification of an elected hereditary peer excepted from section 1 the vacancy shall be filled--
    (a)  until the end of the first Session of the Parliament after that 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 Session of Parliament, by the holding of an election conducted in accordance with provision made by virtue of this section.")
 
 
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Prepared 14 June 1999