CHAPTER 1
THE HOUSE AND ITS MEMBERSHIP
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. Until 2025 a
woman bishop takes priority over a more senior male bishop.
· Lords Temporal:
- Lords created for life under the Appellate Jurisdiction
Act 1876 (as amended) to serve as Lords of Appeal
in Ordinary;
- Life Peers created under the Life Peerages Act 1958;
- 90 Hereditary Peers elected under SO 9 or 10 pursuant
to the House of Lords Act 1999;
- the Earl Marshal;
- the Lord Great Chamberlain.
Disqualification
from membership
1.02 The following are
disqualified from membership of the House of Lords:
· those under
the age of twenty-one;
· aliens
By the Act of Settlement 1701 "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,
this provision applies only to persons who are not Commonwealth citizens or
citizens of the Republic of Ireland. Under the 1981 Act, "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,[10] a member of the House (a) who, in England and Wales
or Northern Ireland, is subject to a bankruptcy restrictions order (including
an interim order) or a bankruptcy restrictions undertaking; (b) who, in England
and Wales, is subject to a debt relief restrictions order (including an interim
order) or a debt relief restrictions undertaking; or (c) in Scotland, 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 or,
in the case of a bankruptcy restrictions undertaking or debt relief
restrictions undertaking, the government, notifies the restriction or
sequestration 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 those regulations;
· holders of
disqualifying judicial office
Under the Constitutional Reform Act 2005, a member of the
House who holds a disqualifying judicial office 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 disqualified for receiving a writ of
summons;
· those who have
retired or left the House because of non-attendance or imprisonment
Under the House of Lords Reform Act 2014 a member who has
resigned from the House or who has ceased to be a member by virtue of not
attending during a session lasting six months or more, or a member who is
sentenced to imprisonment indefinitely or for more than one year, is
disqualified from attending the proceedings of the House (including the
proceedings of a committee or joint committee). Such persons do not receive a
writ of summons and may not attend in pursuance of a writ already received (see
paragraph 1.27).
· those who have
been expelled from the House because of misconduct
Under the House of Lords (Expulsion and Suspension) Act 2015
the House may pass a resolution to expel a member for misconduct. Standing
Order 12 provides that a motion to expel a member must follow a recommendation
from the Committee for Privileges and Conduct after the member has been found
in breach of the Code of Conduct. Expelled members do not receive a writ of
summons and may not attend in pursuance of a writ already received.
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".[13] 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.
The remaining 15 were elected by the whole House to act as Deputy Chairmen and
other office-holders.
1.05 Under SO 10, any vacancy due
to the death, retirement or exclusion of one of the 90 is 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. 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 the right to be included in the
register.
Writ
of summons
1.07 Members of the House may not take their seat until
they have obtained a 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.
1.08 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.
1.09 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 their claim.
1.10 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 Chancellor of
the High Court, Justices of the Supreme Court, 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
1.11 The following are ceremonially introduced before
taking their seats in the House:
· newly created
Life Peers;
· 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.
1.12 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;
· the House has
agreed that, save in exceptional circumstances, no more than two new members
should be introduced on any one day.
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;
· 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;
· no member of
the House may act as supporter without having first taken the oath.
1.13 Appendix K describes the ceremony of introduction.
1.14 Hereditary peers elected under SO 10 require no
introduction and, on receiving a writ, can take their seat and the oath of
allegiance without any ceremony.
1.15 New members of the House may not use the facilities
of the House, other than the right to sit on the steps of the Throne, before
taking their seat for the first time.
However, they may use the dining facilities on the day of introduction.
Oath
of allegiance and affirmation
1.16 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;
· after a demise
of the Crown.
1.17 The oath is usually taken after prayers, but may be
taken at the end of business before the adjournment.
1.18 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."
1.19 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."
1.20 The oath or affirmation must be taken in English
but may be repeated in Welsh
or in Gaelic.
1.21 Before taking the oath
members go to the Table, bringing their writ of summons (except on a demise of
the Crown, when new writs are not issued). They then recite 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.
1.22 In cases of disability or infirmity the oath may be
taken seated.
1.23 After taking the oath, members must sign the Test
Roll at the head of which the oath and affirmation are written. They then sign
an undertaking to abide by the House of Lords Code of Conduct. Finally they go
to the Woolsack, shake hands with the Lord Speaker and leave the Chamber.
1.24 Members 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.
1.25 Any member of the House who sits or votes without
having taken the oath is subject to a penalty of £500. 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. A member of the
House may not attend the State Opening of Parliament without having taken the
oath.
Retirement
age
1.26 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.
Retirement
or resignation
1.27 Members of the House who are peers may retire or
otherwise resign by giving written notice to the Clerk of the Parliaments. The notice must
specify a date from which the resignation takes effect and be signed by the
peer and a witness. A resignation may not be rescinded.
1.28 When the Clerk of the Parliaments receives notice
of a resignation he informs the House by an entry in the minutes of
proceedings. On the day the resignation takes effect the Lord Speaker informs
the House that the peer has ceased to be a member.
Cessation
of membership through non-attendance
1.29 A member of the House who is a peer and does not attend
the House during a session of six months or longer ceases to be a member at the
beginning of the following session.
1.30 The above provision does not apply to peers who are
disqualified from sitting or voting, or suspended from the service of the House,
for the whole of the session. It does not apply to members on leave of absence
in respect of the session. The House may resolve that a peer should not cease
to be a member by virtue of non-attendance by reason of special circumstances.
1.31 The Lord Speaker certifies when a member has not
attended during a session. The Lord Speaker informs
the House that the peer has
ceased to be a member.[34]
Imprisonment
for a serious offence
1.32 A member who is convicted of a criminal offence
and sentenced or ordered to be imprisoned or detained indefinitely or for more
than one year ceases to be a member of the House.[35]
1.33 The above provision applies whether or not the
offence was committed while the person was a member of the House. It applies to
convictions outside the United Kingdom only if the House resolves that it
should.
1.34 The Lord Speaker certifies when a member has been
convicted and sentenced to a relevant term of imprisonment. The Lord Speaker
informs the House that the member has ceased to be a member.[36]
1.35 The Lord Speaker certifies when a member has had a
conviction quashed or had the sentence varied or reduced so that it is no
longer imprisonment or detention indefinitely or for more than one year; in
such circumstances the original certificate that the member has been convicted
is treated as having never had effect.
Expulsion
and suspension
1.36 A motion to expel or suspend a member must follow a
recommendation from the Committee for Privileges and Conduct that the member be
expelled or suspended (as the case may be) because the member has breached the
Code of Conduct. Such a recommendation may be made by the Committee for
Privileges and Conduct only if the Commissioner for Standards has found the
member in breach of the Code of Conduct or the member is in breach of the Code
in accordance with paragraph 16 or 17 of the Code. A motion to suspend a
member must specify the period for which the suspension is to last (which may
be until the occurrence of a specified event). Notice must be given of a motion
to expel or suspend a member. Expulsion or suspension takes effect as soon as
the House has agreed the motion.
Leave of absence
1.37 Members of the House are to attend the sittings of
the House. If they cannot attend, because of temporary circumstance, they
should obtain leave of absence.
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.
1.38 A member who has no reasonable expectation of
returning as an active member at some point in the future should retire under
the House of Lords Reform Act 2014. The House will not grant leave of absence
to a member whose application has not stated that they have a reasonable
expectation that they will return as an active member at some point.
1.39 Before the beginning of every Parliament the Clerk
of the Parliaments writes to those members who were on leave of absence at the
end of the preceding Parliament to ask whether they wish to renew that leave of
absence for the new Parliament. The Clerk of the Parliaments draws the
attention of such members to section 2 of the House of Lords Reform Act 2014.
1.40 The House grants leave of absence to those who
apply (subject to the conditions in paragraph 1.38).
1.41 Directions relating to those on leave of absence
are as follows:
(a) members of the House who have been granted leave of
absence should not attend sittings of the House or of any committee of the
House until their leave has expired or been terminated, except to take the oath
of allegiance;
(b) members of the House on leave of absence who wish to
attend during the period for which leave was granted should give notice in
writing to the Clerk of the Parliaments at least three months before the day on
which they wish to attend; and their leave is terminated three months from the
date of this notice, or sooner if the House so directs;
(c) a member of the House on leave of absence may not
act as a supporter in the ceremony of introduction;
(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.
1.42 In applying the provisions on leave of absence the
Clerk of the Parliaments may seek the advice of the Leave of Absence
Sub-Committee of the Procedure Committee (see paragraph 11.74).
Access
to the facilities of the House
1.43 Members of the House who have retired, 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 enjoy access to
the following facilities:
(a) they may use the Library (but not its research
facilities), the Peers' Guest Room, the Peers' Dining Room with up to five
guests and the Barry Room with up to six guests;
(b) they may sit on the steps of the Throne during a
sitting of the House.
1.44 The access privileges in paragraph 1.43 are not
afforded to members who lose their membership as a result of non-attendance or
a sentence of imprisonment, nor to any member expelled under the House of Lords
(Expulsion and Suspension) Act 2015.
1.45 The House of Lords Commission may agree, on a
case-by-case basis, to withdraw the access privileges of a member following
their retirement or resignation from the House.
1.46 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.
Tax
status
1.47 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.
Notification
of death of member
1.48 The Lord Speaker informs the House of the death of
a member of the House.
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
Election of the Lord Speaker
1.49 The House resolved on 12 July 2005 to "elect its own presiding
officer".
The first election was held on 28 June 2006. Further elections were held on 13
July 2011 and 8 June 2016.
1.50 The process of election is governed by Standing
Order 19. A new election is to be held in the fifth calendar year after the
previous election, on a day no later than 15 July in that year, or within three
months of the Lord Speaker dying, giving written notice of his resignation to
the Leader of the House, or being deemed to have resigned (see below), if
sooner.
1.51 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 with effect from the date on which the motion is
passed.
1.52 All members of the House who have taken the oath
and are not disqualified, suspended, retired or on leave of absence are
entitled to stand and vote.
However, a member who has been successful in two previous elections is not
entitled to stand.
1.53 The election is conducted in accordance with
arrangements made by the Clerk of the Parliaments. The Alternative Vote system
is used,
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
1.54 The primary role of the Lord Speaker is to preside
over proceedings in the Chamber, including Committees of the whole House. He takes the
oath first at the opening of a new Parliament; his role in the ceremonies
accompanying oath-taking, the State Opening of Parliament, and royal
commissions, are described in the appendices.
The Lord Speaker seeks the leave of the House for any necessary absence of a
full sitting day or more.
1.55 The Lord Speaker has no power to act in the House
without the consent of the House. He 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 their feet. The Speaker's
function is to assist, and not to rule. The House does not recognise points of
order.
1.56 Any advice or assistance given by the Lord Speaker
is subject to the view of the House as a whole. 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 6.36 and 4.63).
1.57 Outside the Chamber, the Lord Speaker chairs the
House of Lords Commission, which oversees the administration of the House (see
paragraph 11.66). He 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.
1.58 The Lord Speaker may, after consultation with the
government, recall the House whenever it stands adjourned.
1.59 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. 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.
Senior Deputy Speaker
1.60 At
the beginning of every session, and whenever a vacancy occurs, a member is
appointed by the House to fill the salaried office of Chairman of Committees. The post holder
is normally referred to as the Senior Deputy Speaker. As a salaried
office-holder, he is required to lay aside outside financial interests falling
into specific categories, including remunerated directorships and other
employment.
He is also expected to lay aside any party or group affiliation on appointment
and for the duration of his time in office.
1.61 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) Liaison Committee
(b) Committee for Privileges and Conduct
(c) Procedure Committee
(d) Committee of Selection.
1.62 The Senior Deputy Speaker is spokesperson for the
Commission and speaks and answers questions in the House on matters relating to
the internal administration of the House and the work of any domestic
committee. Business on matters relating to the Services and Finance Committees
is tabled to the Senior Deputy Speaker who may delegate responsibility for
answering written questions or debates to the relevant chairman.
1.63 The Senior Deputy Speaker exercises general
supervision and control over private bills and hybrid instruments. His duties
in this respect are described in more detail in chapter 9.
1.64 The Senior Deputy Speaker is ex officio the
first of the Deputy Speakers appointed by Commission (see paragraph 1.63
below). He is empowered, in the absence of the Lord Speaker, to recall the
House during a period of adjournment.
Chairman
of the European Union Committee
1.65 The Chairman of the European Union Committee is
formally appointed at the start of each session as Principal Deputy Chairman of
Committees.
He is a salaried office-holder and as such he is required to lay aside outside
financial interests falling into specific categories, including remunerated
directorships and other employment.
He is also expected to lay aside any party or group affiliation on appointment
and for the duration of his time in office. He is, ex officio, a member
of the panel of Deputy Chairmen (see below) and a Deputy Speaker.
Deputy
Speakers and Deputy Chairmen
1.66 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. 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.
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.
1.67 In practice the duties of Deputy Chairmen and
Deputy Speakers are indistinguishable. In the absence of the Lord Speaker or
Senior Deputy Speaker, 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 their duties on that occasion.
1.68 Deputy Chairmen or Deputy Speakers may not recall
the House under SO 17 in an emergency.
Seating
in the Chamber
1.69 The side of the House on the Sovereign's right
hand when seated on the Throne is called the spiritual side, and that on the
left the temporal side.
1.70 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.
1.71 The benches on the temporal side are, by
convention, occupied by the opposition party or parties. The diagram at the end
of chapter 1 shows the usual seating arrangements.
1.72 The Cross Benches are for those who are not
members of any of the main political parties in the House. Crossbench
members also sit on the benches nearest the Bar on the spiritual side.
1.73 On the Spiritual side of the Chamber the front
bench closest to the Bar is customarily occupied by Privy Counsellors. On the
temporal side Privy Counsellors tend to sit on the front bench closest to the
throne.
1.74 Additional seating for members of any grouping is
available below the Bar on the temporal side. Members may not speak from these
seats.
Steps
of the Throne
1.75 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;
· hereditary
peers who were formerly members of the House and who were excluded from the
House by the House of Lords Act 1999;
· the eldest
child (which includes an adopted child)
of a member of the House (or the eldest son where the right was exercised
before 27 March 2000);
· peers of
Ireland;
· diocesan
bishops of the Church of England who do not yet have seats in the House of
Lords;
· retired
members, including 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.
Diagram of the chamber
| PRINCE'S CHAMBER
| |
CONTENTS DIVISION LOBBY
|  |
NOT CONTENTS DIVISION LOBBY
|
| PEERS' LOBBY
| |
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. Spiritual side of the House
10. Temporal side of the House
11. Bishops' benches
12. Table of the House
13. Clerks at the Table
14. Senior Deputy Speaker's chair at the Table
15. Wheelchairs
16. Cross benches
17. Government front bench
18. Opposition front bench
19. Bar of the House
20. Black Rod's box
21. Seats for members' spouses and partners
22. Hansard reporters
23. Overflow seating for members
24. Brass Gates