House of Lords Amendments - House of Lords Bill

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Session 1998-99
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Here you can browse the Amendments to the House of Lords Bill to be moved in Committee in the House of Lords.

Before Clause 1

BY THE LORD CAMPBELL OF ALLOWAY
THE LORD CHALFONT
THE LORD NAPIER AND ETTRICK
THE EARL OF NORTHESK

     Insert the following new Clause--

    (".--(1) Sections 1 to 3 and 4(3) and (4) of this Act shall not come into force until the people of the United Kingdom have approved their coming into force before the implementation of any of the recommendations of the Royal Commission on the reform and composition of the House of Lords, in a referendum conducted in accordance with the recommendations of the Committee on Standards in Public Life set out in chapter 12 of Cm 4057-I.

    (2)  The referendum referred to in subsection (1) shall not be held until the recommendations of the Royal Commission have been reported on by a joint committee of both Houses of Parliament.") Referendum.

BY THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND

     Insert the following new Clause--

    (". The purpose of this Act is to create a more legitimate and more democratic House of Lords.") Purpose of Act.

     Insert the following new Clause--

    (". The purpose of this Act is to increase the independence of Parliament and to enhance its ability to scrutinise legislation and to hold the executive to account.") Purpose of Act (No. 2).

Clause 1

BY THE EARL OF CLANWILLIAM

     Page 1, line 5, after ("Lords") insert ("only")

BY THE LORD STANLEY OF ALDERLEY

     Page 1, line 6, at end insert (", but any person who is excluded from membership of the House of Lords by virtue of this Act shall retain the right to correspond with Ministers of the Crown as if he remained a member of that House")

BY THE LORD RENTON OF MOUNT HARRY

     Page 1, line 6, at end insert--

    ("(2)  But subsection (1) shall not apply in respect of any proceedings in the House of Lords on a bill introduced by a Minister of the Crown providing for--
(a)  the maximum duration of Parliament to be extended beyond 5 years, or

(b)  new restrictions on the constitutional powers of the Crown.")

BY THE EARL OF CLANWILLIAM

     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.")

After Clause 1

BY THE LORD WEATHERILL
THE LORD MARSH
THE EARL OF CARNARVON
THE VISCOUNT TENBY

     Insert the following new Clause--

    (".--(1) Section 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House.

    (2)  At any one time no more than 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit.

    (3)  Once excepted from section 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary).

    (4)  A person may be excepted from section 1 by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section.

    (5)  Any question whether a person is excepted from section 1 shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.") Exception from section 1.

BY THE LORD PESTON
THE LORD BARNETT
[As an amendment to the Amendment tabled by Lord Weatherill and others]

     After subsection (3) insert--

    ("(  ) Any person who is exempted under subsection (1) and who ceases to be exempt on death or for any other reason shall not be replaced.")

Clause 2

BY THE EARL OF CLANWILLIAM

     Page 1, line 7, after ("peerage") insert ("who is not a member of the House of Lords by virtue of section 1(2)")

After Clause 2

BY THE LORD ROTHERWICK

     Insert the following new Clause--

    (".--(1) During the period while this Act remains in force, the number of members of the House of Lords shall be no greater than the number of members of that House on the day this Act comes into force.

    (2)  The Appointments Commission may, on the death of a member of the House of Lords, recommend to Her Majesty the appointment of a person to fill the vacancy.") Number of members of the House of Lords.

BY THE LORD STANLEY OF ALDERLEY
THE EARL OF CAITHNESS

     Insert the following new Clause--

    (".--(1) There shall be an Appointments Commission.

    (2)  The function of the Appointments Commission is to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958.

    (3)  The Appointments Commission shall ensure that following the passing of this Act persons representing--
(a)  agriculture, and

(b)  rural affairs,
are recommended to Her Majesty for appointment to the House of Lords under the provisions of the Life Peerages Act 1958.") Representation of agricultural and rural interests.

     Insert the following new Clause--

    (".--(1) There shall be an Appointments Commission.

    (2)  The function of the Appointments Commission is to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958.

    (3)  The Appointments Commission shall ensure that following the passing of this Act persons representing religions other than the Church of England are recommended to Her Majesty for appointment to the House of Lords under the provisions of the Life Peerages Act 1958.") Religious representation.

     Insert the following new Clause--

    (". The Senior Salaries Review Board shall keep under review the salaries, expenses and allowances paid to members of the House of Lords, having regard in particular to their functions and duties as members of that House.") Expenses etc. of members of the House of Lords.

     Insert the following new Clause--

    (". From the end of the Session of Parliament in which this Act is passed, temporal members of the House of Lords shall be referred to and known as Peers.") Style of members of the House of Lords.

BY THE LORD WADDINGTON
THE LORD ELTON

     Insert the following new Clause--

    (" .--(1) There shall be a Life Peerages Commission ("the Commission") which alone shall make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958.

    (2)  During the two years immediately following the passing of this Act the Commission shall recommend to Her Majesty the conferment of life peerages to the extent necessary to ensure that--
(a)  no one political party commands a majority in the House of Lords,

(b)  the Government has broad parity of numbers with the main opposition party, and

(c)  the proportion of crossbench peers to the total number of life peers in the House remains as it was on the day before the passing of this Act.
    (3)  In each subsequent year the Commission shall recommend to Her Majesty the conferment of no more peerages than is necessary to continue to ensure as nearly as possible that--
(a)  no one political party commands a majority in the House of Lords,

(b)  the Government has broad parity of numbers with the main opposition party, and

(c)  a significant independent crossbench element is maintained,
and in no circumstances shall the Commission recommend the creation of more than fifty peerages in any such year.

    (4)  The Commission shall consist of eight members of the Privy Council appointed by the Prime Minister.

    (5)  One Commissioner shall be appointed from each of the three largest parties in the House of Commons on the nomination of the Leader of each such party, and one shall be appointed from the crossbench peers on the nomination of the Convenor of the Crossbench Peers.") Life Peerages Commission.

BY THE LORD LAMONT OF LERWICK

     Insert the following new Clause--

    (".--(1) There shall be an Appointments Commission.

    (2)  The function of the Commission shall be to make recommendations to Her Majesty for the conferment of life peerages under the Life Peerages Act 1958; and no life peerage shall be conferred except in pursuance of such a recommendation.

    (3)  Before recommending to Her Majesty that a life peerage be conferred upon a person who is a member of a registered political party, the Commission shall consult the leader of that party, but shall be under no obligation to recommend any person nominated by the leader.") Appointments Commission.

     Insert the following new Clause--

    (".--(1) During the period while this Act remains in force, recommendations by the Appointments Commission to Her Majesty for the conferment of life peerages under the Life Peerages Act 1958 shall be made in accordance with the following provisions of this section.

    (2)  Not more than twenty-two recommendations shall be made during any period of one year.

    (3)  Not more than seventeen of the recommendations referred to in subsection (2) shall be for the conferment of a life peerage on a person who is a member of a registered political party; and such recommendations shall be made in proportion to the respective numbers of votes cast for registered political parties at the previous General Election.") Appointment of Life Peers.

BY THE LORD ARCHER OF WESTON-SUPER-MARE

     Insert the following new Clause--

    (".--(1) No-one shall be a member of the House of Lords by virtue of a life peerage conferred under the Life Peerages Act 1958, other than--
(a)  338 holders of peerages conferred under that Act who are elected in accordance with subsection (2) or at a by-election in accordance with subsection (7), and

(b)  16 holders of peerages conferred under that Act who have declared to the Clerk of the Parliaments that they are ready to serve as Deputy Speakers of the House of Lords or in such other office as the House may require and who are elected in accordance with subsection (3) or at a by-election in accordance with subsection (7).
    (2)  The electors for the purposes of subsection (1)(a) shall be the holders of peerages conferred under the Life Peerages Act 1958.

    (3)  The electors for the purposes of subsection (1)(b) shall be the members of the House of Lords at the date on which the election is held.

    (4)  A person elected under this section shall continue to be entitled to receive a writ of summons to the House of Lords and to sit and vote in that House throughout his life; but if he does not fulfil the attendance criterion in subsection (5) his entitlement ceases and any writ of summons issued to him for that Parliament shall not have effect after that Session.

    (5)  The criterion is that in each Session the number of days on which he attended that House or a committee of that House is greater than 50 per cent of the total number of days on which the House sat.

    (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 subsection (5).

    (7)  On the death of a peer elected in accordance with this section or his failure to fulfil the attendance criterion in subsection (5) the Clerk of the Parliaments shall--
(a)  publish that fact, together with an announcement of the date of a by-election to fill the vacancy, in the Minutes of Proceedings of the House of Lords and in a notice in the London Gazette,

(b)  send to each holder of a peerage conferred under the Life Peerages Act 1958, or to each member of the House of Lords (as may be appropriate in accordance with subsections (2) and (3) above) a Form of Return listing the names of those peers who have previously signified their wish to be considered for election.
    (8)  A person to whom a Form of Return is sent is to return the Form, indicating on it the name of the person or persons he wishes to elect, to the Clerk of the Parliaments within 21 days of the date on which it is sent, and the Clerk of the Parliaments shall publish the name or names of the persons elected in the Minutes of Proceedings of the House of Lords and in a notice in the London Gazette.

    (9)  Standing Orders of the House of Lords may make further provision relating to the holding and conduct of elections and by-elections under this section.

    (10)  Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments.

    (11)  A certificate or decision of the Clerk of the Parliaments under this section shall be conclusive.") Life peers.

© Parliamentary copyright 1999
Prepared 1 April 1999

	Before Clause 1
	BY THE LORD CAMPBELL OF ALLOWAY THE LORD CHALFONT THE LORD NAPIER AND ETTRICK THE EARL OF NORTHESK
	Insert the following new Clause--
	(".--(1) Sections 1 to 3 and 4(3) and (4) of this Act shall not come into force until the people of the United Kingdom have approved their coming into force before the implementation of any of the recommendations of the Royal Commission on the reform and composition of the House of Lords, in a referendum conducted in accordance with the recommendations of the Committee on Standards in Public Life set out in chapter 12 of Cm 4057-I. (2) The referendum referred to in subsection (1) shall not be held until the recommendations of the Royal Commission have been reported on by a joint committee of both Houses of Parliament.")		Referendum.
	BY THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
	Insert the following new Clause--
	(". The purpose of this Act is to create a more legitimate and more democratic House of Lords.")		Purpose of Act.
	Insert the following new Clause--
	(". The purpose of this Act is to increase the independence of Parliament and to enhance its ability to scrutinise legislation and to hold the executive to account.")		Purpose of Act (No. 2).
	Clause 1
	BY THE EARL OF CLANWILLIAM
	Page 1, line 5, after ("Lords") insert ("only")
	BY THE LORD STANLEY OF ALDERLEY
	Page 1, line 6, at end insert (", but any person who is excluded from membership of the House of Lords by virtue of this Act shall retain the right to correspond with Ministers of the Crown as if he remained a member of that House")
	BY THE LORD RENTON OF MOUNT HARRY
	Page 1, line 6, at end insert-- ("(2) But subsection (1) shall not apply in respect of any proceedings in the House of Lords on a bill introduced by a Minister of the Crown providing for-- (a) the maximum duration of Parliament to be extended beyond 5 years, or (b) new restrictions on the constitutional powers of the Crown.")
	BY THE EARL OF CLANWILLIAM
	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.")
	After Clause 1
	BY THE LORD WEATHERILL THE LORD MARSH THE EARL OF CARNARVON THE VISCOUNT TENBY
	Insert the following new Clause--
	(".--(1) Section 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House. (2) At any one time no more than 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit. (3) Once excepted from section 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary). (4) A person may be excepted from section 1 by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section. (5) Any question whether a person is excepted from section 1 shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.")		Exception from section 1.
	BY THE LORD PESTON THE LORD BARNETT [As an amendment to the Amendment tabled by Lord Weatherill and others]
	After subsection (3) insert-- ("( ) Any person who is exempted under subsection (1) and who ceases to be exempt on death or for any other reason shall not be replaced.")
	Clause 2
	BY THE EARL OF CLANWILLIAM
	Page 1, line 7, after ("peerage") insert ("who is not a member of the House of Lords by virtue of section 1(2)")
	After Clause 2
	BY THE LORD ROTHERWICK
	Insert the following new Clause--
	(".--(1) During the period while this Act remains in force, the number of members of the House of Lords shall be no greater than the number of members of that House on the day this Act comes into force. (2) The Appointments Commission may, on the death of a member of the House of Lords, recommend to Her Majesty the appointment of a person to fill the vacancy.")		Number of members of the House of Lords.
	BY THE LORD STANLEY OF ALDERLEY THE EARL OF CAITHNESS
	Insert the following new Clause--
	(".--(1) There shall be an Appointments Commission. (2) The function of the Appointments Commission is to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958. (3) The Appointments Commission shall ensure that following the passing of this Act persons representing-- (a) agriculture, and (b) rural affairs, are recommended to Her Majesty for appointment to the House of Lords under the provisions of the Life Peerages Act 1958.")		Representation of agricultural and rural interests.
	Insert the following new Clause--
	(".--(1) There shall be an Appointments Commission. (2) The function of the Appointments Commission is to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958. (3) The Appointments Commission shall ensure that following the passing of this Act persons representing religions other than the Church of England are recommended to Her Majesty for appointment to the House of Lords under the provisions of the Life Peerages Act 1958.")		Religious representation.
	Insert the following new Clause--
	(". The Senior Salaries Review Board shall keep under review the salaries, expenses and allowances paid to members of the House of Lords, having regard in particular to their functions and duties as members of that House.")		Expenses etc. of members of the House of Lords.
	Insert the following new Clause--
	(". From the end of the Session of Parliament in which this Act is passed, temporal members of the House of Lords shall be referred to and known as Peers.")		Style of members of the House of Lords.
	BY THE LORD WADDINGTON THE LORD ELTON
	Insert the following new Clause--
	(" .--(1) There shall be a Life Peerages Commission ("the Commission") which alone shall make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958. (2) During the two years immediately following the passing of this Act the Commission shall recommend to Her Majesty the conferment of life peerages to the extent necessary to ensure that-- (a) no one political party commands a majority in the House of Lords, (b) the Government has broad parity of numbers with the main opposition party, and (c) the proportion of crossbench peers to the total number of life peers in the House remains as it was on the day before the passing of this Act. (3) In each subsequent year the Commission shall recommend to Her Majesty the conferment of no more peerages than is necessary to continue to ensure as nearly as possible that-- (a) no one political party commands a majority in the House of Lords, (b) the Government has broad parity of numbers with the main opposition party, and (c) a significant independent crossbench element is maintained, and in no circumstances shall the Commission recommend the creation of more than fifty peerages in any such year. (4) The Commission shall consist of eight members of the Privy Council appointed by the Prime Minister. (5) One Commissioner shall be appointed from each of the three largest parties in the House of Commons on the nomination of the Leader of each such party, and one shall be appointed from the crossbench peers on the nomination of the Convenor of the Crossbench Peers.")		Life Peerages Commission.
	BY THE LORD LAMONT OF LERWICK
	Insert the following new Clause--
	(".--(1) There shall be an Appointments Commission. (2) The function of the Commission shall be to make recommendations to Her Majesty for the conferment of life peerages under the Life Peerages Act 1958; and no life peerage shall be conferred except in pursuance of such a recommendation. (3) Before recommending to Her Majesty that a life peerage be conferred upon a person who is a member of a registered political party, the Commission shall consult the leader of that party, but shall be under no obligation to recommend any person nominated by the leader.")		Appointments Commission.
	Insert the following new Clause--
	(".--(1) During the period while this Act remains in force, recommendations by the Appointments Commission to Her Majesty for the conferment of life peerages under the Life Peerages Act 1958 shall be made in accordance with the following provisions of this section. (2) Not more than twenty-two recommendations shall be made during any period of one year. (3) Not more than seventeen of the recommendations referred to in subsection (2) shall be for the conferment of a life peerage on a person who is a member of a registered political party; and such recommendations shall be made in proportion to the respective numbers of votes cast for registered political parties at the previous General Election.")		Appointment of Life Peers.
	BY THE LORD ARCHER OF WESTON-SUPER-MARE
	Insert the following new Clause--
	(".--(1) No-one shall be a member of the House of Lords by virtue of a life peerage conferred under the Life Peerages Act 1958, other than-- (a) 338 holders of peerages conferred under that Act who are elected in accordance with subsection (2) or at a by-election in accordance with subsection (7), and (b) 16 holders of peerages conferred under that Act who have declared to the Clerk of the Parliaments that they are ready to serve as Deputy Speakers of the House of Lords or in such other office as the House may require and who are elected in accordance with subsection (3) or at a by-election in accordance with subsection (7). (2) The electors for the purposes of subsection (1)(a) shall be the holders of peerages conferred under the Life Peerages Act 1958. (3) The electors for the purposes of subsection (1)(b) shall be the members of the House of Lords at the date on which the election is held. (4) A person elected under this section shall continue to be entitled to receive a writ of summons to the House of Lords and to sit and vote in that House throughout his life; but if he does not fulfil the attendance criterion in subsection (5) his entitlement ceases and any writ of summons issued to him for that Parliament shall not have effect after that Session. (5) The criterion is that in each Session the number of days on which he attended that House or a committee of that House is greater than 50 per cent of the total number of days on which the House sat. (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 subsection (5). (7) On the death of a peer elected in accordance with this section or his failure to fulfil the attendance criterion in subsection (5) the Clerk of the Parliaments shall-- (a) publish that fact, together with an announcement of the date of a by-election to fill the vacancy, in the Minutes of Proceedings of the House of Lords and in a notice in the London Gazette, (b) send to each holder of a peerage conferred under the Life Peerages Act 1958, or to each member of the House of Lords (as may be appropriate in accordance with subsections (2) and (3) above) a Form of Return listing the names of those peers who have previously signified their wish to be considered for election. (8) A person to whom a Form of Return is sent is to return the Form, indicating on it the name of the person or persons he wishes to elect, to the Clerk of the Parliaments within 21 days of the date on which it is sent, and the Clerk of the Parliaments shall publish the name or names of the persons elected in the Minutes of Proceedings of the House of Lords and in a notice in the London Gazette. (9) Standing Orders of the House of Lords may make further provision relating to the holding and conduct of elections and by-elections under this section. (10) Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments. (11) A certificate or decision of the Clerk of the Parliaments under this section shall be conclusive.")		Life peers.