Composition of the House

1.01  The following are members of the House of Lords:

·  Lords Spiritual:

-  the Archbishops of Canterbury and York;

-  the Bishops of London, Durham and Winchester;

-  twenty-one other diocesan bishops of the Church of England according to seniority of appointment to diocesan sees;

·  Lords Temporal:

-  Lords created for life under the Appellate Jurisdiction Act 1876 (as amended) to serve as Lords of Appeal in Ordinary;[1]

-  Life Peers created under the Life Peerages Act 1958;

-  90 Hereditary Peers elected under SO 9[2] or 10 pursuant to the House of Lords Act 1999;

-  The Earl Marshal;[3]

-  The Lord Great Chamberlain.[4]

Disqualification for membership

1.02  The following are disqualified for membership of the House of Lords:

·  those under the age of twenty-one;[5]

·  aliens

By the Act of Settlement 1701[6] "no person born out of the Kingdoms of England, Scotland or Ireland, or the Dominions thereunto belonging … (except such as are born of English parents)" may be a member of the House of Lords. By virtue of a modification contained in the British Nationality Act 1981,[7] this provision does not apply to Commonwealth citizens or citizens of the Republic of Ireland. Under the 1981 Act,[8] "Commonwealth citizen" means a British citizen, a British Overseas Territories citizen, a British subject under that Act, or a citizen of an independent Commonwealth country;

·  those convicted of treason

The Forfeiture Act 1870 provides that anyone convicted of treason shall be disqualified for sitting or voting as a member of the House of Lords until he has either suffered his term of imprisonment or received a pardon;

·  bankrupts

Under the Insolvency Act 1986,[9] a member of the House adjudged bankrupt, or in Scotland a member of the House whose estate is sequestered, is disqualified for sitting and voting in the House of Lords or in any committee of the House. A writ is not issued to any person, who would otherwise be entitled to one, while he is so disqualified. The court certifies the bankruptcy or sequestration and its termination to the Lord Speaker and it is recorded in the Journals;

·  Members of the European Parliament (MEPs)

The European Parliament (House of Lords Disqualification) Regulations 2008 provide that any Life Peer who is elected to the European Parliament is disqualified for sitting and voting in the House of Lords or in any committee of the House or joint committee. A writ is not issued to a Life Peer who is disqualified under this regulation;

·  Holders of disqualifying judicial office

Under the Constitutional Reform Act 2005,[10] a member of the House who holds a disqualifying judicial office[11] is disqualified for sitting and voting in the House of Lords or in any committee of the House or joint committee. Such members are not however disqualified for receiving a writ of summons.

Membership of the House under SOs 9 and 10

1.03  Section 1 of the House of Lords Act 1999 provides that "No-one shall be a member of the House of Lords by virtue of a hereditary peerage".[12] However, section 2 of the Act provides that 90 hereditary peers, and also the holders of the offices of Earl Marshal and Lord Great Chamberlain, shall be excepted from this general exclusion and shall remain as members for their lifetime or until a subsequent Act otherwise provides.

1.04  In accordance with SO 9, 75 of the 90 excepted hereditary peers were elected by the hereditary peers in their political party or Crossbench grouping.[13] The remaining 15 were elected by the whole House to act as Deputy Chairmen and other office-holders.[14] Under SO 9, vacancies arising due to the death of one of the 90 before the end of the first session of the Parliament after that in which the 1999 Act was passed were filled by a runner-up in the relevant election.[15] That period ended on 7 November 2002.

1.05  Under SO 10, any vacancy due to the death of one of the 90 is now filled by holding a by-election. By-elections are conducted in accordance with arrangements made by the Clerk of the Parliaments and take place within three months of a vacancy occurring. If the vacancy is among the 75, only the excepted hereditary peers (including those elected among the 15) in the relevant party or Crossbench grouping are entitled to vote. If the vacancy is among the 15, the whole House is entitled to vote.

1.06  The Clerk of the Parliaments maintains a register of hereditary peers who wish to stand in any by-election under SO 10. Any hereditary peer other than a peer of Ireland is entitled to be included in the register, not just those who were previously members of the House. Under SO 11, any hereditary peer not previously in receipt of a writ of summons who wishes to be included in the register petitions the House and any such petition is referred to the Lord Chancellor to consider and report upon whether such peer has established his right to be included in the register.

Retirement

1.07  There is no retirement age for members of the House of Lords, except that bishops retire from their sees on reaching the age of seventy, and cease to be members of the House.[16]

Writ of summons

1.08  A member of the House may not take his seat until he has obtained his writ of summons. Writs of summons are issued by direction of the Lord Chancellor from the office of the Clerk of the Crown in Chancery.

1.09  New writs are issued before the meeting of each Parliament to all Lords Spiritual and Temporal who have established their right to them and who are not statutorily disqualified from receiving them.

1.10  An archbishop, on appointment or translation to another see, and a bishop who has become entitled to sit or who already has a seat and is translated to another see, applies for a writ to the Lord Chancellor with evidence to support his claim.

1.11  Writs, called writs of assistance or writs of attendance, are also sent to the following, unless they are members of the House: the Attorney General, the Solicitor General, the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor, Justices of the Supreme Court,[17] the Lords Justices of Appeal and the Justices of the High Court. The attendance of such judges is normally now confined to the State Opening of Parliament.

Introduction and sitting first in Parliament

1.12  The following are ceremonially introduced before taking their seats in the House:

·  newly created Life Peers;[18]

·  archbishops, on appointment or on translation;

·  bishops, on first receiving a writ of summons or, if already a member of the House, on translation to another see.

1.13  When a writ has been issued to any such person, the Lord Speaker fixes a day for the introduction. The following rules apply:

·  introductions may not take place on the first day of a new Parliament;[19]

·  the House has agreed that, save in exceptional circumstances, no more than two new members should be introduced on any one day.[20] This rule does not apply to introductions on swearing-in days at the beginning of a new Parliament;

·  introductions normally take place on Mondays, Tuesdays and Thursdays[21];

·  new Lords are normally supported on introduction by two others of the same degree in the House. However, archbishops may act as supporters at the introductions of bishops, and bishops may so act at the introductions of archbishops;[22]

·  no member of the House may act as supporter without having first taken the oath.

1.14  Appendix K (page 255) describes the ceremony of introduction.

1.15  A hereditary peer elected under SO 10 requires no introduction and, on receiving his writ, can take his seat and the oath of allegiance without any ceremony.

1.16  A new member of the House may not use the facilities of the House, other than the right to sit on the steps of the Throne, before he has taken his seat for the first time.[23] However, he may use the Refreshment Department on the day that he is introduced.

Oath of allegiance and affirmation

1.17  The oath of allegiance must be taken or solemn affirmation made by all members before they can sit and vote in the House:

·  on introduction;

·  in every new Parliament;[24]

·  after a demise of the Crown.

1.18  The oath is usually taken after prayers, but may be taken at the end of business before the adjournment.[25]

1.19  The form of the oath, prescribed by s. 2 of the Promissory Oaths Act 1868 and s. 1 of the Oaths Act 1978, is:

"I (giving name and title) do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her heirs and successors, according to law. So help me God."

1.20  Under the Oaths Act 1978, members of the House who object to being sworn may affirm:

"I (giving name and title) do solemnly, sincerely, and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her heirs and successors, according to law."

1.21  The oath or affirmation must be taken in English but may be repeated in Welsh[26] or in Gaelic.[27]

1.22  Before taking the oath a member goes to the Table, bringing his writ of summons (except on a demise of the Crown, when new writs are not issued). He then recites aloud the words of the oath, reading them from a card kept at the Table, and holding a New Testament in the right hand. The oath may also be taken in the Scottish form with uplifted hand. In the case of members of the House who are of the Jewish faith, the Old Testament is used; in the case of other faiths, the appropriate sacred text is used.

1.23  In cases of disability or infirmity the oath may be taken seated.

1.24  After taking the oath, a member must sign the Test Roll at the head of which the oath and affirmation are written. He then signs an undertaking to abide by the House of Lords Code of Conduct. Finally he goes to the Woolsack, shakes hands with the Lord Speaker and goes out of the House by the spiritual side into the Prince's Chamber.

1.25  Lords who sit by virtue of one peerage but are known by another title take the oath and sign the Roll using the title by virtue of which they sit.

1.26  Any member of the House who sits or votes without having taken the oath is subject to a penalty of £500.[28] However, a member may attend prayers or an introduction before taking the oath. On a swearing-in day (see paragraph 2.01) it is convenient for members to occupy their seats while they are waiting to take the oath. Members who attend the House without taking the oath are not recorded in the attendance lists in the Journals, and votes cast by such members in divisions are invalid.[29] A member of the House may not attend the State Opening of Parliament without having taken the oath.[30]

Leave of absence

1.27  Members of the House are to attend the sittings of the House. If they cannot attend, they should obtain leave of absence.[31]

1.28  At any time during a Parliament, a member of the House may obtain leave of absence for the rest of the Parliament by applying in writing to the Clerk of the Parliaments. Before the beginning of every Parliament the Clerk of the Parliaments writes to each member who was on leave of absence at the end of the preceding Parliament to ask whether he wishes to apply for leave of absence for the new Parliament. The House grants leave to those who so apply. In addition, the Dissolution Notice sent to all members of the House at the opening of a new Parliament invites other members who wish to apply to communicate with the Clerk of the Parliaments.

1.29  Directions relating to those on leave of absence are as follows:

(a)  a member of the House who has been granted leave of absence is expected not to attend sittings of the House until his leave has expired or been terminated, except to take the oath of allegiance;[32]

(b)  a member of the House on leave of absence who wishes to attend during the period for which leave was granted is expected to give notice in writing to the Clerk of the Parliaments at least one month before the day on which he wishes to attend; and his leave is terminated one month from the date of this notice, or sooner if the House so directs;[33]

(c)  a member of the House on leave of absence may not act as a supporter in the ceremony of introduction;[34]

(d)  a member of the House on leave of absence may not vote in the election of the Lord Speaker or in by-elections for hereditary peers.

Access to the facilities of the House

1.30  Members of the House who are on leave of absence, or who are disqualified from participation in the proceedings of the House as Members of the European Parliament or as judges,[35] enjoy access to the following facilities:

(a)  they may apply for places for their spouses at the State Opening of Parliament, and the usual number of places at such functions as The Queen's Birthday Parade (Trooping the Colour);

(b)  they may use the Library, the Dining Room, and other facilities of the House outside the Chamber, and may obtain tickets for the Public Gallery. Their spouses enjoy the same facilities as the spouses of other members of the House;

(c)  they may sit on the steps of the Throne during a sitting of the House;

(d)  they may receive parliamentary papers.

1.31  Retired bishops are entitled to sit on the steps of the Throne and use the facilities of the House outside the Chamber.[36]

1.32  Rights of access enjoyed by members who are suspended from the service of the House are cancelled for the duration of the suspension. Members who are suspended may not enter the parliamentary estate, including as guests of other members.[37]

Tax status

1.33  All members of the House who are entitled to receive writs of summons to attend the House are treated as resident, ordinarily resident and domiciled in the United Kingdom for the purposes of certain taxes.[38]

Notification of death of member

1.34  The Lord Speaker informs the House of the death of a member of the House, before the first oral question.[39] The Lord Speaker's announcement takes a standard form and is distinct from tributes, which are a matter for the Leader of the House and the usual channels. It is not debatable.

The Lord Speaker[40]

ELECTION OF THE LORD SPEAKER

1.35  The House resolved on 12 July 2005 to "elect its own presiding officer".[41] The first election was held on 28 June 2006 with the result announced on 4 July 2006.

1.36   The process of election is governed by Standing Order 19. A new election is to be held no more than five years after the previous election, or within three months of the death of the Lord Speaker or her giving written notice of her resignation to the Leader of the House, if sooner. The result of the election is subject to the approval of the Queen; if the House passes a motion for an Address to Her Majesty seeking the Lord Speaker's removal from office, the Lord Speaker shall be deemed to have resigned.

1.37  All members of the House who have taken the oath and are not disqualified, suspended, or on Leave of Absence are entitled to stand and vote.[42] However, a member who has been successful in two previous elections is not entitled to stand.

1.38  The election itself is conducted in accordance with arrangements made by the Clerk of the Parliaments. The Alternative Vote system is used,[43] according to which candidates are numbered in order of preference, and the first-preference votes for the least successful candidates are successively reallocated until one candidate has at least half the total number of valid votes.

ROLE OF THE LORD SPEAKER

1.39  The primary role of the Lord Speaker is to preside over proceedings in the Chamber, including Committees of the whole House.[44] She takes the oath first at the opening of a new Parliament; her role in the ceremonies accompanying oath-taking, the State Opening of Parliament, and royal commissions, are described in the appendices.[45] The Lord Speaker seeks the leave of the House for any necessary absence of a full sitting day or more.

1.40  The Lord Speaker has no power to act in the House without the consent of the House. She observes the same formalities as any other member of the House, addressing the House as a whole, and not an individual member, and not intervening when a member is on his feet. The Speaker's function is to assist, and not to rule. The House does not recognise points of order.

1.41  Any advice or assistance given by the Lord Speaker is subject to the view of the House as a whole.[46] The Lord Speaker has specific responsibilities with regard to Private Notice Questions and the application of the sub judice rule; these are described below (paragraphs 6.34 and 4.60).

1.42  Outside the Chamber, the Lord Speaker chairs the House Committee, which oversees the administration of the House (see paragraph 11.65). She is a member of the Procedure Committee; has formal responsibility for the security of the Lords part of the parliamentary estate; is one of the three "keyholders" of Westminster Hall; and has a wide role representing the House at home and overseas.[47]

1.43  The Lord Speaker may, after consultation with the Government, recall the House whenever it stands adjourned.[48]

1.44  The Lord Speaker is a salaried office-holder, and is required to lay aside outside financial interests falling into specific categories, including remunerated directorships and other employment.[49] The Lord Speaker is also expected to lay aside any party or group affiliation on appointment, and to refrain from political activity, including voting in the House.[50]

Chairman of Committees

1.45  At the beginning of every session, or whenever a vacancy occurs, a member is appointed by the House to fill the salaried office of Chairman of Committees.[51] As a salaried office-holder, he is required to lay aside outside financial interests falling into specific categories, including remunerated directorships and other employment.[52] He is also expected to lay aside any party or group affiliation on appointment and for the duration of his time in office.

1.46  He is chairman ex officio of all committees unless the House otherwise directs. In practice this means that he chairs the following "domestic" committees:

(a)  Administration and Works Committee

(b)  Liaison Committee

(c)  Committee for Privileges and Conduct

(d)  Procedure Committee

(e)  Refreshment Committee

(f)  Committee of Selection.

1.47  The Chairman speaks and answers questions in the House on matters relating to the internal administration of the House, to the work of the House Committee (of which he is a member), or to the work of any of the committees chaired by him.

1.48  The Chairman also exercises general supervision and control over private bills and hybrid instruments. His duties in this respect are described in more detail in chapter 9.

1.49  The Chairman is ex officio the first of the Deputy Speakers appointed by Commission (see paragraph 1.51 below). He is empowered, in the absence of the Lord Speaker, to recall the House during a period of adjournment.[53]

Principal Deputy Chairman of Committees

1.50  The Principal Deputy Chairman of Committees is a salaried office-holder appointed in the same manner as the Chairman of Committees. As a salaried office-holder, he is required to lay aside outside financial interests falling into specific categories, including remunerated directorships and other employment.[54] He is also expected to lay aside any party or group affiliation on appointment and for the duration of his time in office. In addition to assisting the Chairman in his duties, he is appointed to act as chairman of the European Union Committee.[55]

Deputy Speakers and Deputy Chairmen

1.51  Certain members of the House are appointed by the Crown by Commission under the Great Seal to act as Deputy Speakers of the House of Lords in the absence of the Lord Speaker.[56] In addition, at the beginning of every session the House on motion appoints a number of members, proposed by the Committee of Selection, to serve as Deputy Chairmen of Committees for the remainder of that session.[57] Deputy Chairmen exercise all the functions of Deputy Speakers, and it is the practice that they are appointed Deputy Speakers at a convenient opportunity after their appointment as Deputy Chairmen.

1.52  In practice the duties of Deputy Chairmen and Deputy Speakers are indistinguishable. In the absence of the Lord Speaker or Chairman of Committees, one of the panel of Deputy Chairmen officiates in their place. If no Deputy Chairman is present, the House appoints some other member, on motion, to perform his duties on that occasion.

1.53  Deputy Chairmen or Deputy Speakers may not recall the House under SO 17 in an emergency.

Seating in the Chamber

1.54  The side of the House on the Sovereign's right hand when she is seated on the Throne is called the spiritual side, and that on the left the temporal side.

1.55  By convention the government and their supporters occupy the benches on the spiritual side, with the exception of the first two benches nearest to the Throne, which are taken by the bishops. Lords Spiritual must speak from the bishops' benches. Only the two Archbishops and the Bishops of London, Durham and Winchester may speak from the front one of these benches, and they also have priority in relation to seating on this bench. Lords Temporal may sit on the bishops' benches, when space allows, but may not speak from them.

1.56  The benches on the temporal side are, by convention, occupied by the opposition parties. Originally there were only two benches on the temporal side of the House, namely, the Earls' Bench (at the front) and the Barons' Bench, adjacent to the wall. There are now five benches, but the lowest or front bench continues to be known as the Earls' Bench, and the highest bench, abutting the wall, as the Barons' Bench. The official opposition party occupies the centre block and the benches nearest the Bar. The other opposition parties occupy the upper end of the Earls' Bench and the benches behind it. The diagram at the end of chapter 1 shows the usual seating arrangements.

1.57  The Cross Benches are for those who are not members of any of the main political parties in the House[58].

1.58  On both sides of the Chamber the front benches below the gangway are customarily occupied by Privy Counsellors.

Steps of the Throne

1.59  The following may sit on the steps of the Throne:

·  members of the House of Lords in receipt of a writ of summons, including those who have not taken their seat or the oath and those who have leave of absence;

·  members of the House of Lords who are disqualified from sitting or voting in the House as Members of the European Parliament or as holders of disqualifying judicial office;[59]

·  hereditary peers who were formerly members of the House and who were excluded from the House by the House of Lords Act 1999;[60]

·  the eldest child (which includes an adopted child)[61] of a member of the House (or the eldest son where the right was exercised before 27 March 2000);[62]

·  peers of Ireland;

·  diocesan bishops of the Church of England who do not yet have seats in the House of Lords;

·  retired bishops who have had seats in the House of Lords;

·  Privy Counsellors;

·  Clerk of the Crown in Chancery;

·  Black Rod and his Deputy;

·  the Dean of Westminster.

1.    Throne

2.    Cloth of Estate

3.    Chairs of State

4.    Steps of the Throne

5.    Clerks' box

6.    Officials' box

7.    Woolsack

8.    Judges' Woolsacks

9.    Upper end of Earls' Bench

10.    Spiritual side of the House

11.    Temporal side of the House

12.    Lower end of Barons' bench

13.    Bishops' benches

14.    Table of the House

15.    Clerks at the Table

16.    Chairman of Committees' Chair at the Table

17.    Wheelchairs

18.    Cross benches

19.    Government front bench

20.    Opposition front bench

21.    Bar of the House

22.    Black Rod's box

23.    Seats for members' spouses

24.    Hansard reporters

25.    Brass Gates

2   SO followed by a number refers to the standing orders relating to public business. PBSO followed by a number refers to the standing orders governing private business. Back

3   House of Lords Act 1999, s. 2(2). Back

4   House of Lords Act 1999, s. 2(2). Back

5   SO 2. Back

6   s. 3. Back

7   Schedule 7. See also s. 47 of the Constitutional Reform and Governance Act 2010. Back

8   s. 37. Back

9   s. 426A and s. 427 as amended by the Enterprise Act 2002. Back

10   s. 137. Back

11   Defined in the House of Commons Disqualification Act 1975, as amended, and the Northern Ireland Assembly Disqualification Act 1975, as amended. Back

12   Certain members of the House who sat formerly by virtue of a hereditary peerage now sit by virtue of a life peerage. Under SO 7 they use their higher title. Back

13   Under SO 9(2)(i), 2 peers were elected by the Labour hereditary peers, 42 by the Conservative hereditary peers, 3 by the Liberal Democrat hereditary peers, and 28 by the Crossbench hereditary peers. Back

14   The elections were held on 27-28 October 1999 and 3-4 November 1999. SO 9(2)(ii). Back

15   Two places, both among the 28 Crossbench peers, were filled in this way. Back

16   Ecclesiastical Offices (Age Limit) Measure 1975.  Back

17   Justices of the Supreme Court who are members of the House receive a writ of summons at the start of each Parliament, notwithstanding their disqualification from taking part in proceedings of the House. Back

18   Excluding those hereditary peers who sat in the House before November 1999: resolution of 3 November 1999. Back

19   Procedure 1st Rpt 1970-71. Back

20   LJ (1997-98) 775. Back

21   Procedure 3rd Rpt 2005-06. Back

22   Members of the House holding offices which give them special precedence under the House of Lords Precedence Act 1539, such as the Lord Chancellor, the Lord President and the Lord Privy Seal, may act as supporters for new Lords of the same degree; their precedence as office holders determines their seniority as supporters: Procedure 2nd Rpt 1992-93. Back

23   Offices 2nd Rpt 1975-76. The issue of Letters Patent entitles a newly created Lord to use his title and sit on the steps of the Throne. Back

24   SO 75(1). Back

25   SO 41(5). Back

26   Procedure 1st Rpt 1982-83. Back

27   Procedure 1st Rpt 2001-02. Back

28   Parliamentary Oaths Act 1866, s. 5. Back

29   Procedure 2nd Rpt 1993-94. Back

30   Procedure 1st Rpt 1970-71. This restriction does not apply to those members who, while in receipt of a writ of summons, are disqualified from attending under s. 137 of the Constitutional Reform Act 2005. See above, paragraph 1.02. Back

31   SO 22. Back

32   SO 22(4). Back

33   SO 22(5). Back

34   Leave of Absence 1st Rpt 1957-58. Back

35   House Committee 2nd Rpt 2008-09. Back

36   Offices 4th Rpt 1970-71. Back

37   House Committee minutes, 19 May 2009. Back

38   s. 41 of the Constitutional Reform and Governance Act 2010. Back

39   Procedure 1st Rpt 2006-07. Back

40   The decisions of the House with regard to the office of Lord Speaker are found in various sources, including Standing Orders; Report of the Select Committee on the Speakership of the House of Lords, HL Paper 92, 2005-06; resolutions of the House on 12 July 2005 and 31 January 2006; Procedure 3rd and 4th Rpts 2005-06; and House Committee 1st Rpt 2005-06.  Back

41   LJ (2005-06) 152. Back

42   Procedure Committee 2nd Rpt 2009-10. Back

43   Report of the Select Committee on the Speakership of the House of Lords, HL Paper 92, 2005-06. Back

44   SO 62. Back

45   Appendices C-G. Back

46   Procedure 3rd Rpt 2005-06. Back

47   Report of the Select Committee on the Speakership of the House of Lords, HL Paper 92, 2005-06. Back

48   SO 17(1). See also paragraph 2.22. Back

49   Privileges 2nd Rpt 2009-10. Back

50   Procedure 4th Rpt 2005-06. Back

51   SO 61. Back

52   Privileges 2nd Rpt 2009-10. Back

53   SO 17(2). Back

54   Privileges 2nd Rpt 2009-10. Back

55   Procedure 1st Rpt 1973-74, 3rd Rpt 1974-75. Back

56   SO 18. Back

57   SO 63(5). Back

58   The Crossbench Group is made up of members who are not affiliated to any political party. Members who belong to smaller parties may also sit on the Cross Benches.  Back

59   House Committee 2nd Rpt 2008-09. Back

60   Offices 1st Rpt 1999-2000. Back

61   House Committee, decision by correspondence, November 2004. Back

62   Offices 4th Rpt 1999-2000. Back