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

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After Clause 2
 
  
BY THE LORD ROTHERWICK
 
70     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
 
71     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.
72     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.
73     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.
74     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
 
75     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 Cross Bench 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 Cross Bench 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 Cross Bench peers on the nomination of the Convenor of the Cross Bench Peers.")
Life Peerages Commission.
  
BY THE LORD LAMONT OF LERWICK
 
76     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.
77     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
 
78     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 in 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.
  
BY THE LORD LUCAS
 
79     Insert the following new Clause-- 
     (".--(1) There shall be an Appointments Commission.
 
    (2)  The Appointments Commission alone shall make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958, and shall determine various matters in relation thereto.
 
    (3)  The Appointments Commission shall consist of eight members, one to be nominated by each of--
    (a)  the Prime Minster,
    (b)  the Leader of the Opposition in the House of Commons,
    (c)  the Leader of the second largest opposition party in the House of Commons,
    (d)  the Convenor of the Cross Bench peers in the House of Lords,
    (e)  the Leader of the House of Lords,
and three members, known to be independent of any political party, to be nominated by the House of Lords and approved in each case by a majority of two thirds of those voting.")
Appointments Commission
(No. 2).
80     Insert the following new Clause-- 
     (".--(1) The Appointments Commission shall determine annually the maximum number of life peerages that shall be in existence at any time.
 
    (2)  In deciding the number referred to in subsection (1) the Appointments Commission shall have regard only to the requirement that the House of Lords should have sufficient members to enable it to carry out its functions of--
    (a)  reviewing and revising legislation, and
    (b)  providing membership of committees of the House,
and other matters.
 
    (3)  Before deciding the number, the Appointments Commission shall invite submissions from the Government and the House of Lords.")
Appointments Commission
(No. 3).
81     Insert the following new Clause-- 
     (".--(1) The Appointments Commission shall, at least every six months, determine the number of new life peerages required to bring the number of life peerages in existence up to the maximum, and shall allocate new life peerages between the parties set out in subsection (2) below.
 
    (2)  The elements of the House of Lords for the purposes of this section shall be--
    (a)  each Party forming part of the Government ("the Government Parties"),
    (b)  each Party not forming part of the Government ("the Opposition Parties"), and
    (c)  independent members comprising all peers not claiming allegiance to any of the Government Parties or the Opposition Parties ("the Cross Bench peers").
    (3)  In allocating new life peerages between the Government Parties, the Opposition Parties and the Cross Bench peers the Appointments Commission shall have regard to--
    (a)  the requirement of the Government to appoint new life peers so that they may serve as ministers in the House of Lords,
    (b)  the desirability of each Party having nominated at least one life peer in the House of Lords,
    (c)  the objective that, after the allocation of life peerages, peers claiming allegiance to the Government Parties, and peers claiming allegiance to the Opposition Parties should each account for 35 per cent. of the membership of the House of Lords,
    (d)  the objective that the number of peers claiming allegiance to each Party within the Government Parties and the Opposition Parties should be in proportion to the membership of those Parties in the House of Commons, and
    (e)  any representations from the leaders of any Party or the Convenor of the Cross Bench peers.
    (4)  For the purpose of this section "Party" means any political party with at least one member in the House of Commons.")
Appointments Commission
(No. 4).
82     Insert the following new Clause-- 
     (".--(1) The Appointments Commission shall make recommendations to Her Majesty the Queen for the conferment of such number of life peerages as may be allocated to the Cross Bench peers.
 
    (2)  In making such recommendations the Appointments Commission shall have regard to, but shall not be bound by--
    (a)  the desirability of members of the Cross Bench peers being--
          (i)  independent of any Party,
          (ii)  able and willing to make a substantial commitment of time to the work of the House of Lords,
          (iii)  able to bring to the House of Lords experience or expertise that would enhance the work of the House of Lords,
    (b)  the objective that there should be within the House of Lords a broad range of expertise and experience covering all matters of concern to the House, with an emphasis on those matters most commonly before the House,
    (c)  the objective that there should be within the House of Lords members from a broad range of cultural and social backgrounds,
    (d)  the objective that the membership of the House of Lords should move towards a broadly equal balance between the sexes,
    (e)  the desirability of inviting the public to suggest candidates for new life peerages, and
    (f)  representations made to it by the House of Lords.")
Appointments Commission
(No. 5).
83     Insert the following new Clause-- 
     (".--(1) The Appointments Commission shall make recommendations to Her Majesty the Queen for the conferment of life peerages on such persons as are nominated by any of the Government Parties or the Opposition Parties to take up any new life peerages allocated to them.
 
    (2)  Before making any such recommendation the Appointments Commission shall satisfy itself that--
    (a)  any such person is a proper person to receive a life peerage, and
    (b)  the Parties concerned have, in making their nominations, had regard to paragraphs (a)(ii) and (iii), (b), (c), and (d) of subsection (2) of section (Appointments Commission (No. 5)) above.")
Appointments Commission
(No. 6).
  
BY THE EARL FERRERS
 
84     Insert the following new Clause-- 
     (".--(1) A member of the Scottish Parliament is disqualified for sitting and voting in the House of Lords.
 
    (2)  Where an individual is disqualified under this section, the disqualification ceases on the day he ceases to be a member of the Scottish Parliament.
 
    (3)  No writ of summons shall be issued to a person who is for the time being disqualified under this section.")
Disqualification of MSPs.
85     Insert the following new Clause-- 
     (".--(1) A person who is entitled to vote in elections for membership of the Scottish Parliament is disqualified for sitting and voting in the House of Lords.
 
    (2)  Where an individual is disqualified under this section, the disqualification ceases on the day he ceases to be entitled to vote in elections for membership of the Scottish Parliament.
 
    (3)  No writ of summons shall be issued to a person who is for the time being disqualified under this section.")
Disqualification of persons entitled to vote in Scottish Parliament elections.
  
BY THE LORD CRICKHOWELL
 
86*     Insert the following new Clause-- 
     (".--(1) There shall be a body corporate to be known as the Appointments Commission (in this Act referred to as "the Commission") for the purposes of carrying out the functions assigned or transferred to it under this Act.
 
    (2)  The Commission shall consist of not less than five nor more than eight members of whom--
    (a)  two shall be members of the Privy Council nominated by the Prime Minister,
    (b)  one shall be nominated by the Speaker of the House of Commons,
    (c)  one shall be nominated by the Convenor of the Cross Bench peers,
    (d)  not less than four shall be chosen by ballot by members of the House of Lords sitting on the Cross Benches.
    (3)  The function of the Commission shall be to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958 on persons independent of political parties to sit upon the Cross Benches of the House of Lords.
 
    (4)  During the period while this Act remains in force, the proportion of Cross Bench peers to the total number of life peers in the House shall remain as closely as is possible what it was on the day before the passing of this Act; and the Commission shall, at least every six months, determine the number of new life peerages required in order to maintain this proportion.
 
    (5)  The Prime Minister shall not have the right to refuse a recommendation of the Commission.
 
    (6)  The Commission shall appoint its own chairman.
 
    (7)  In making its recommendations the Commission shall have regard to, but shall not be bound by--
    (a)  the desirability of members of the Cross Bench peers being--
          (i)  independent of any party,
          (ii)  able and willing to make a substantial commitment of time to the work of the House of Lords,
          (iii)  able to bring to the House of Lords experience or expertise that would enhance the work of the House of Lords,
    (b)  the objective that there should be within the House of Lords a broad range of expertise and experience covering all matters of concern to the House, with an emphasis on those matters most commonly before the House,
    (c)  the objective that there should be within the House of Lords members from a broad range of cultural and social backgrounds,
    (d)  the objective that the membership of the House of Lords should move towards a broadly equal balance between the sexes,
    (e)  the desirability of inviting the public to suggest candidates for new life peerages, and
    (f)  representations made to it by the House of Lords.")
Appointments Commission
(No. 7).
  
BY THE LORD COBBOLD
THE LORD NASEBY
 
87     Insert the following new Clause-- 
     (". Nothing in this Act prevents the holder of an hereditary peerage from being a member of the House of Lords other than solely by virtue of that hereditary peerage.")Membership of House of Lords.
  
BY THE EARL OF RADNOR
 
88     Insert the following new Clause-- 
     (".  This Act shall cease to have effect at the expiry of the period of 5 years beginning with its passing, unless, before that day, a subsequent Act has been passed by both Houses of Parliament to establish a second chamber all of the members of which shall be elected.")Duration of Act (No. 4).
  
BY THE EARL OF ONSLOW
 
89     Insert the following new Clause-- 
     (".--(1)  The Prime Minister shall draw up and publish a list of relevant interests.
 
    (2)  The Prime Minister shall ensure that persons representing those interests are recommended to Her Majesty for conferment of life peerages under the provision of the Life Peerages Act 1958.
 
    (3)  In making recommendations under subsection (2), the Prime Minister shall consult representatives of those interests.")
Representation of interests.
90     Insert the following new Clause-- 
     (".--(1)  The Prime Minister shall draw up and publish a list of relevant offices.
 
    (2)  The Prime Minister shall ensure that persons holding those offices in subsection (1) are recommended to Her Majesty for conferment of life peerages under the provision of the Life Peerages Act 1958.
 
    (3)  A person who is entitled to a writ of summons to the House of Lords by virtue of this section shall continue to receive a writ of summons to the House while he holds that office, and, when his term of office ends, his entitlement ceases and any writ of summons issued to him for that Parliament shall not have effect after that Session.")
Membership of the House of Lords by virtue of holding particular office.
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
91     Insert the following new Clause-- 
     ("  .  The maximum number of persons entitled to receive a writ of summons to the House of Lords and to sit and vote in that House is 615.")Number of members of House of Lords.
  
BY THE LORD NORTHBROOK
 
92     Insert the following new Clause-- 
     ("  .--(1)  A member of the Welsh Assembly is disqualified for sitting and voting in the House of Lords.
 
    (2)  Where an individual is disqualified under this section, the disqualification ceases on the day he ceases to be a member of the Welsh Assembly.
 
    (3)  No writ of summons shall be issued to a person who is for the time being disqualified under this section.")
Disqualification of members of the Welsh Assembly.
93     Insert the following new Clause-- 
     ("  .--(1)  A person who is entitled to vote in elections for membership of the Welsh Assembly is disqualified for sitting and voting in the House of Lords.
 
    (2)  Where an individual is disqualified under this section, the disqualification ceases on the day he ceases to be entitled to vote in elections for membership of the Welsh Assembly.
 
    (3)  No writ of summons shall be issued to a person who is for the time being disqualified under this section.")
Disqualification of persons entitled to vote in Welsh Assembly elections.
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
93A     Insert the following new Clause-- 
     ("  .  On the coming into force of section 1 above the House of Parliament known until then as the House of Lords shall from that time onwards be known as the House of Patronage.")Change of name for House of Lords.
93B     Insert the following new Clause-- 
     ("  .  On the coming into force of section 1 above the House of Parliament known until then as the House of Lords shall from that time onwards be known as the House of non-hereditary Peers.")Change of name for House of Lords (No. 2.)
93C     Insert the following new Clause-- 
     ("  .  On the coming into force of section 1 above the House of Parliament known until then as the House of Lords shall from that time onwards be known as the House of the Appointed.")Change of name for House of Lords (No. 3.)
  
After Clause 3
 
  
BY THE LORD PEYTON OF YEOVIL
THE LORD ALEXANDER OF WEEDON
THE LORD BRIDGES
THE LORD WRIGHT OF RICHMOND
 
94     Insert the following new Clause-- 
     (". This Act shall cease to have effect and the repeals referred to in section 3 shall be ineffective on 31st October 2001 unless, before that day, a subsequent Act has been passed by both Houses of Parliament to make new provision for membership of the House of Lords.")Duration of Act.
  
BY THE LORD LAMONT OF LERWICK
 
95     Insert the following new Clause-- 
     (" . This Act shall cease to have effect at the end of the Parliament in which it is passed.")Duration of Act (No. 2).
96     Insert the following new Clause-- 
     (" . This Act shall cease to have effect at the expiry of the period of three years beginning with its passing.")Duration of Act (No. 3).
  
BY THE EARL OF CAITHNESS
THE LORD STANLEY OF ALDERLEY
 
97     Insert the following new Clause-- 
     (". Nothing in this Act affects the powers of the House of Lords.")Declaratory.
  
BY THE LORD LAMONT OF LERWICK
THE BARONESS STRANGE
THE EARL FERRERS
 
98     Insert the following new Clause-- 
     (" .--(1) This Act shall not come into force unless a majority of those voting in a referendum have indicated a preference that "the provisions of the House of Lords Act 1999 take effect".
 
    (2)  The Secretary of State may by order make such provision about the conduct of the referendum as he thinks appropriate, provided that a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.")
Referendum
(No. 2).
  
BY THE LORD LAMONT OF LERWICK
THE LORD MACKAY OF ARDBRECKNISH
 
99     Insert the following new Clause-- 
     (" .--(1) Any holder of a peerage conferred under the Life Peerages Act 1958 may, by instrument of disclaimer delivered to the Lord Chancellor, disclaim the right to sit and vote as a member of the House of Lords during the period while this Act remains in force.
 
    (2)  The holder of a peerage who exercises the right of disclaimer conferred by subsection (1) above shall not be disqualified by virtue of that peerage for voting at elections to the House of Commons or for being elected as a member of that House.")
Life peerages: disclaimer.
  
BY THE EARL FERRERS
THE LORD ROWALLAN
 
100     Insert the following new Clause-- 
     (". Any person who is the holder of an hereditary peerage and who would but for this Act be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House shall be entitled to continue to exercise the same rights of access to, and use of, the House of Lords and any premises occupied by that House to which he would have been entitled but for the passing of this Act.")Retention of ancillary rights.
 
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Prepared 26 April 1999