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 CAMPBELL OF ALLOWAY
THE LORD CHALFONT
THE LORD NAPIER AND ETTRICK
 
63     Page 2, line 3, leave out subsections (1) and (2) and insert--
 
    ("(1)  This Act shall come into force on such day after its commencement has been approved in the referendum referred to in section (Referendum) as the Secretary of State may by order made by statutory instrument appoint.")
 
  
BY THE LORD CLIFFORD OF CHUDLEIGH
 
63A     Page 2, line 3, leave out subsection (1) and insert--
 
    ("(1)  In order to comply with the Statute of Westminster 1931 this Act (apart from subsections (3) and (4) below) shall not come into force until it has received the assent in writing of the Parliaments and national legislatures howsoever defined of the Member States of the Commonwealth of Nations set out in Schedule (Commonwealth countries of which the Queen is Head of State), the legislatures and assemblies of the Provinces of Canada set out in Schedule (Provinces of Canada) and the States of Australia set out in Schedule (States of Australia), such assent in each case to be communicated in writing to the Speaker of the House of Commons with a true copy thereof to be communicated to the Lord Chancellor.
 
    (1A)  This Act shall not come into force at all if before the end of the Session of Parliament in which the requirements of subsection (1) above have been met any of the Parliaments or national legislatures howsoever defined of the Member Nations of the Commonwealth set out in Schedule (Commonwealth countries of which the Queen is not Head of State) resolves in writing that this Act should not come into force and communicates that resolution in writing to either the Speaker of the House of Commons or the Lord Chancellor.
 
    (1B)  Provided that the requirements of subsection (1) above have been met and no resolution as provided for in subsection (1A) above has been received at Westminster this Act shall come into force at the end of the Session of Parliament in which the requirements of subsection (1) above have been met.")
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
64     Page 2, line 3, at beginning insert ("Subject to subsection (5) below,") 
  
BY THE BARONESS JAY OF PADDINGTON
 
64A     Page 2, line 3, leave out from beginning to ("shall") and insert ("Sections 1 to 4 (including Schedule (Amendments) and the Schedule)") 
  
BY THE LORD TREFGARNE
THE LORD ASHBOURNE
 
65     Page 2, line 3, after ("shall") insert ("not") 
  
BY THE LORD TREFGARNE
 
66     Page 2, line 4, leave out from ("force") to end of line and insert ("until a report of a Royal Commission on the future composition and role of the House of Lords has been laid before the House of Lords") 
  
BY THE LORD BOARDMAN
THE EARL OF KINNOULL
THE LORD ASHBOURNE
THE BARONESS BLATCH
 
66A     Page 2, line 4, leave out from ("force") to end of line and insert ("upon the date fixed by a resolution of a Joint Committee of both Houses of Parliament which is appointed after the Royal Commission on the reform and composition of the House of Lords has reported.") 
  
BY THE VISCOUNT MOUNTGARRET
THE EARL FERRERS
 
67     Page 2, line 4, leave out ("Session of") 
  
BY THE BARONESS JAY OF PADDINGTON
 
67A     Page 2, line 4, leave out ("it") and insert ("this Act") 
  
BY THE VISCOUNT MOUNTGARRET
THE EARL FERRERS
THE LORD BOARDMAN
THE BARONESS BLATCH
 
68     Page 2, line 5, leave out subsection (2) 
  
BY THE BARONESS JAY OF PADDINGTON
 
68A     Page 2, line 6, at end insert ("unless it has been issued to a person who, at the end of the Session, is excepted from section 1 by virtue of section 2") 
  
BY THE LORD TREFGARNE
 
69     Page 2, line 7, leave out subsections (3) and (4) and insert--
 
    ("(3)  For the purposes of the Representation of the People Acts--
    (a)  section 1 above shall be deemed to have come into force on the 14th September last preceding the date of coming into force of this section ("the relevant date"), and
    (b)  any necessary consequential amendments shall be made to the electoral register on an application made in accordance with subsection (4).
This subsection shall not apply if the relevant date is earlier than 11th October 1999 or, as respects elections in Northern Ireland, 15th September 1999.
 
    (4)  A Peer disqualified under section 1 and entitled, in accordance with the Representation of the People Acts by virtue of subsection (3), to vote in a Parliamentary election may apply for his name to be included in an electoral register as being so entitled not later than--
    (a)  7 days before the date of the first Parliamentary election for which that register will be used is to be held after the relevant date, or
    (b)  twenty eight days after the relevant date,
whichever is the earlier.")
 
70     Page 2, line 9, leave out ("or the European Parliament") 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
71     Page 2, line 16, at end insert--
 
    ("(5)  Notwithstanding the provisions of subsection (1) hereof, this Act shall not come into force until the Senior Salaries Review Board has reported to the Prime Minister, with their recommendations, as to the salaries, expenses and allowances that ought to be paid to those who will sit and vote in the House of Lords once this Act comes into force.")
 
  
After Clause 5
 
  
BY THE LORD TREFGARNE
 
72     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.
73     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.
  
Clause 6
 
  
BY THE EARL FERRERS
 
74     Page 2, line 19, leave out ("House of Lords") and insert ("Selected Chamber") 
  
Before the Schedule
 
  
BY THE BARONESS JAY OF PADDINGTON
 
74A     Insert the following new Schedule-- 
 ("SCHEDULESection 4(1).
 AMENDMENTs 
 Peerage Act 1963 (c.48) 
     1. In section 1(2) of the Peerage Act 1963 (disclaimer of certain hereditary peerages) for the words from "has" to the end there shall be substituted the words "is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act". 
 Recess Elections Act 1975 (c.66) 
     2. In section 1 of the Recess Elections Act 1975 (issue of warrants for making out writs to replace members of the House of Commons whose seats have become vacant), in--
    (a)  subsection (1)(a), and
    (b)  paragraph (a) of the definition of "certificate of vacancy" in subsection (2),
for the words "become a peer" there shall be substituted the words "become disqualified as a peer for membership of the House of Commons".
 
    3. In Schedule 1 to that Act (certificate of vacancy), for the words "has become a peer of Parliament" there shall be substituted the words "has become disqualified as a peer for membership of the House of Commons".")
 
  
Schedule
 
  
BY THE LORD TREFGARNE
 
75     Page 3, line 3, at end insert-- 
 ("31 Henry 8.The House of Lords Precedence Act 1539.In section 4, the words from "above all dukes" to the end of section 7.") 
76     Page 3, column 3, leave out lines 4 to 18 and insert-- 
 ("The whole Act.") 
  
BY THE BARONESS JAY OF PADDINGTON
 
76A     Page 3, line 4, column 3, leave out from ("1") to ("(3)") in line 7 
  
BY THE LORD GRAY
THE BARONESS JAY OF PADDINGTON
 
77     Page 3, column 3, leave out line 18 and insert ("Section 5") 
  
BY THE LORD GRAY
 
78     Page 3, line 18, column 3, leave out ("4 to") and insert ("5 and") 
  
After the Schedule
 
  
BY THE LORD CLIFFORD OF CHUDLEIGH
 
78A     Insert the following new Schedule-- 
 ("SCHEDULE 
 COMMONWEALTH COUNTRIES OF WHICH THE QUEEN
IS HEAD OF STATE
 
     Antigua and Barbuda.
 
    Australia.
 
    The Bahamas.
 
    Barbados.
 
    Belize.
 
    Canada.
 
    Grenada.
 
    Jamaica.
 
    New Zealand.
 
    Papua New Guinea.
 
    St Christopher-Nevis.
 
    St Lucia.
 
    St Vincent and The Grenadines.
 
    Solomon Islands.
 
    Tuvalu.")
 
78B     Insert the following new Schedule-- 
 ("SCHEDULE 
 PROVINCES OF CANADA 
     Alberta.
 
    British Columbia.
 
    New Brunswick.
 
    Newfoundland.
 
    Nova Scotia.
 
    Manitoba.
 
    Ontario.
 
    Quebec.
 
    Prince Edward Island.
 
    Saskatchewan.")
 
78C     Insert the following new Schedule-- 
 ("SCHEDULE 
 STATES OF AUSTRALIA 
     New South Wales.
 
    Queensland.
 
    South Australia.
 
    Tasmania.
 
    Victoria.
 
    Western Australia.")
 
78D     Insert the following new Schedule-- 
 ("SCHEDULE 
 COMMONWEALTH COUNTRIES OF WHICH THE QUEEN
IS NOT HEAD OF STATE
 
     Bangladesh.
 
    Botswana.
 
    Brunei.
 
    Cameroon.
 
    Cyprus.
 
    Dominica.
 
    Fiji.
 
    The Gambia.
 
    Ghana.
 
    Guyana.
 
    India.
 
    Kenya.
 
    Kiribati.
 
    Lesotho.
 
    Malawi.
 
    Malaysia.
 
    The Maldives.
 
    Malta.
 
    Mauritius.
 
    Mozambique.
 
    Namibia.
 
    Nauru.
 
    Nigeria.
 
    Pakistan.
 
    Seychelles.
 
    Sierra Leone.
 
    Singapore.
 
    South Africa.
 
    Sri Lanka.
 
    Swaziland.
 
    Tanzania.
 
    Tonga.
 
    Trinidad and Tobago.
 
    Uganda.
 
    Vanuatu.
 
    Western Samoa.
 
    Zambia.
 
    Zimbabwe.")
 
  
Preamble
 
  
BY THE LORD TREFGARNE
 
79     Insert the following Preamble--
 
    ("WHEREAS it is expedient that consideration 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 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:")
 
80     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 a 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:")
 
  
BY THE LORD ASHBOURNE
 
80A     Insert the following Preamble--
 
    ("WHEREAS it is expedient that consideration be given to the composition and powers of the House of Lords:
 
    And whereas it is acknowledged and affirmed that the Parliament Act 1911 cannot be used so as to
    (a)  enlarge the powers of the House of Commons at the expense of Parliament as a whole; or
    (b)  amend the Parliament Act 1911 itself; or
    (c)  amend any primary legislation
without the consent of the House of Lords:
 
    And whereas it is acknowledged and affirmed that the Parliament Act 1911 and the measure calling itself the "Parliament Act 1949" cannot be used to enact this present measure without the consent of the House of Lords:")
 
80B     Insert the following Preamble--
 
    ("WHEREAS it is expedient that consideration be given to the composition and powers of the House of Lords:
 
    And whereas it is acknowledged and affirmed that this measure does not confer upon the House of Commons, whether under the Parliament Act 1911, or otherwise, the right to
    (a)  enlarge the powers of the House of Commons at the expense of Parliament as a whole; or
    (b)  amend the Parliament Act 1911 itself; or
    (c)  amend any primary legislation; or
    (d)  alter the powers and composition of the House of Lords; or
    (e)  extend the life of any Parliament; or
    (f)  repeal the Septennial Act 1715 (as amended); or
    (g)  extend in any other way the life of a Parliament indefinitely so as to abolish the requirement for regular parliamentary elections
without the consent of the House of Lords:")
 
  
In the Title
 
  
BY THE EARL FERRERS
 
81     Line 1, leave out ("by virtue of a hereditary peerage") 
  
BY THE LORD TREFGARNE
 
82     Line 2, after ("peerage") insert ("; to allow life peerages to be conferred on disqualified peers") 
83     Line 4, after ("Commons") insert ("and the European Parliament") 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
84     Line 4, after ("Commons;") insert ("to establish an Appointments Commission with functions in relation to the conferment of life peerages under the Life Peerages Act 1958;") 
 
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Prepared 29 June 1999