House of Lords Amendments - House of Lords Bill

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Session 1998-99
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Amendments to the House of Lords Bill

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Amendments to be debated in the House of Lords
Here you can browse the Fourth Marshalled List of Amendments to the House of Lords Bill to be moved in Committee in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

After Clause 1

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

31      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.

32      [Withdrawn]

33      [Withdrawn]

34      [Withdrawn]

35      [Withdrawn]

35A      [Withdrawn]

36      [Withdrawn]

36A      [Withdrawn]

37      [Withdrawn]

38      [Withdrawn]

39      [Withdrawn]

39A      [Withdrawn]

40      [Withdrawn]

41      [Withdrawn]

42      [Withdrawn]

42ZA      [Withdrawn]

42A      [Withdrawn]

42B      [Withdrawn]

43      [Withdrawn]

44      [Withdrawn]

45      [Withdrawn]

46      [Withdrawn]

47      [Withdrawn]

48      [Withdrawn]

49      [Withdrawn]

BY THE LORD GRAY

50      Insert the following new Clause--

    ("  .  The holder of a peerage in the peerage of Scotland only shall continue to be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.") Peers of Scotland.

51      Insert the following new Clause--

    ("  .--(1)  There shall be an electoral college consisting of each holder of a peerage in the peerage of Scotland who has attained the age of 18 years which shall elect sixteen of its members who are peers of Scotland only to sit and vote in the House of Lords.

    (2)  Sixteen holders of peerages in the peerage of Scotland only who have attained the age of 21 years and who are elected in accordance with subsection (1) shall be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.") Peers of Scotland (No. 2).

BY THE LORD ROWALLAN

52      Insert the following new Clause--

    ("  .--(1)  Section 1 does not apply to any person who, on the day on which this Act is passed--
(a)  is a member of the House of Lords by virtue of a hereditary peerage, and

(b)  in the Session of Parliament preceding the Session in which this Act is passed, attended that House or a committee of that House for at least one third of the total number of days on which the House sat,
and that person shall remain a member of the House of Lords for their life.

    (2)  The Clerk of the Parliaments shall certify--
(a)  the total number of days on which the House sat,

(b)  the total number of days required to fulfil subsection (1)(b), and

(c)  the total number of days of attendance of each member.")
Exception from section 1 (No. 2).

BY THE EARL OF MAR AND KELLIE

53      Insert the following new Clause--

    ("  .--(1)  During the period in which this Act remains in force, the Prime Minister shall ensure that at any one time the number of members of the House of Lords whose primary residence is in Scotland shall be no less than 40.

    (2)  If at any time the requirement in subsection (1) is not fulfilled, the Prime Minister shall recommend to Her Majesty that additional persons whose primary residence is in Scotland are recommended to Her Majesty for conferment of life peerages under the Life Peerages Act 1958.") Representation (Scotland).

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

54      Insert the following new Clause--

    ("  .  A person who receives a writ of summons at a time when he is not a Peer of the Realm shall not be entitled to attend, sit or vote in the House of Lords by virtue of that writ.") Peerages created by writ.

55      Insert the following new Clause--

    ("  .  A Lord who is disqualified from attending, sitting or voting in the House of Lords by virtue of section 1 may nevertheless be a member of the Committee for Privileges, subject to and in accordance with the Standing Orders of the House, and any such Lord who is a member of that Committee shall be entitled--
(a)  to admittance to the Palace of Westminster as if he were not so disqualified, and

(b)  in the performance of his functions as a member of that Committee to all the rights and privileges of any other member of that Committee who is not so disqualified.")
Committee for Privileges.

BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND

56      Insert the following new Clause--

    ("  .  Nothing in this Act shall exclude a peer who is, on the day before the coming into force of this Act, a member of the House of Lords by virtue of a writ of acceleration from continuing to be a member of the House.") Writ of acceleration.

57      Insert the following new Clause--

    ("  .  Nothing in section 1 of this Act shall be taken to prevent sixteen holders of peerages in the peerage of Scotland only from sitting or voting in the House of Lords.") Peers of Scotland (No. 3).

BY THE EARL OF KINNOULL

58      Insert the following new Clause--

    ("  .--(1)  Section 1 shall not apply in relation to any one excepted from it ("a working hereditary peer") by or in accordance with Standing Orders of the House.

    (2)  At any one time no more than 150 working hereditary peers shall be excepted from section 1.

    (3)  A working hereditary peer shall be entitled to be a member of the House of Lords by virtue of that peerage until the day on which he attains the age of 75 years or that on which he certifies his wish to retire by notice given in writing to the Lord Chancellor.

    (4)  On the death, retirement or resignation of a working hereditary peer, a new member of the House of Lords shall be appointed from amongst the number of members of the hereditary peerage who had previously been entitled to sit and vote in the House of Lords for a period of at least five years, or who meet such other qualifications as may be set out in Standing Orders.") Exception from section 1 (No. 3).

59      Insert the following new Clause--

    ("  .--(1)  There shall be an Appointments Committee whose function shall be to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958, and for appointment of working hereditary peers to the House of Lords.

    (2)  The chairman of the Committee shall be a retired Lord of Appeal in Ordinary.

    (3)  The members of the Committee shall include the Leader of the House of Lords, the Leader of the Opposition in the House of Lords, the leader of the next largest party in the House of Lords, the Convenor of the Cross Bench peers in the House of Lords, the Chairman of Committees in the House of Lords, and five other external members appointed by the Privy Council.

    (4)  In considering its recommendations under subsection (1) the committee shall take account of a person's availability and willingness to serve actively as a member of the House of Lords.") Independent appointments committee.

BY THE LORD COLERAINE

60      Insert the following new Clause--

    ("  .  Any person who was the holder of an hereditary peerage and who was entitled to a writ of summons to attend that House on the day before section 1 of this Act came into force shall be entitled by virtue of this Act to be a member of that House but shall not be entitled to vote in a division in that House or in a Committee of the whole House on any question arising in the consideration of legislation.") Retention of speaking rights.

BY THE LORD PEARSON OF RANNOCH

61      Insert the following new Clause--

    ("  .--(1)  From the day on which this Act comes into force, the members of the House of Lords shall be--
(a)  the Lords Spiritual;

(b)  any holder of a peerage under the Appellate Jurisdiction Act 1876;

(c)  600 peers who are elected in accordance with subsections (2) and (3); and

(d)  any person who became a member of the House of Lords in any of the four Sessions preceding the Session in which this Act is passed.
    (2)  The 600 members of the House under subsection (1)(c) shall be comprised of--
(a)  200 Cross Bench peers elected by Cross Bench peers;

(b)  170 Labour peers elected by Labour peers;

(c)  170 Conservative peers elected by Conservative peers; and

(d)  60 Liberal Democrat peers elected by Liberal Democrat peers.
    (3)  The electors for the purposes of subsection (1)(c) and (2) shall be members of the House of Lords at the date on which the election is held who--
(a)  have attended at least 6 sitting days in each of the two Sessions preceding the Session in which this Act is passed, or

(b)  if they have become a member of the House in either of the two Sessions preceding the Session in which this Act is passed, have attended at least one third of sitting days since the day on which they were introduced.
    (4)  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 (3).

    (5)  Standing Orders of the House of Lords shall make provision relating to the holding and conduct of elections under this section, and that such elections shall be held at intervals of no more than 7 years.

    (6)  Subject to subsection (8), the Lord Chancellor may by order made by statutory instrument, at intervals of no more than 7 years after the passing of this section, amend any number specified in subsection (2), but only to give effect to a resolution of the House of Lords.

    (7)  An order under subsection (6) shall be laid in draft before, and shall be subject to the affirmative resolution of, each House of Parliament.

    (8)  The two largest political parties shall be entitled to equal representation in the House of Lords.

    (9)  Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments.") Membership of House of Lords (No. 2).

BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND

61A      Insert the following new Clause--

    ("  .  Schedule (Exception from section 1: further provisions) (which makes further provision relating to the exception of hereditary peers from section 1) shall have effect.") Exception from section 1: further provisions.

Clause 2

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

62      Page 1, leave out lines 7 and 8 and insert--

    ("(1)  The expressions "Lord of Parliament" and "Peer of Parliament" shall not include any person who is disqualified by section 1 from attending, sitting or voting in the House of Lords.

    (2)  A person shall not be disqualified from--")

BY THE EARL FERRERS
THE LORD TREFGARNE
THE EARL OF NORTHESK

63      Page 1, line 7, leave out ("a") and insert ("an")

BY THE EARL OF CLANWILLIAM

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

BY THE LORD GRAY

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

66      Page 1, line 7, after ("peerage") insert ("who is not a member of the electoral college for the election of peers of Scotland only under section (Peers of Scotland (No. 2))")

67      Page 1, line 7, after ("peerage") insert ("who is not a person to whom section 1(2) applies")

BY THE EARL FERRERS

68      Page 1, line 7, leave out ("by virtue of") and insert ("because he holds")

BY THE LORD NORRIE

68A      Page 1, line 10, at end insert ("or
(c)  voting on any Bill that affects or touches upon the personal and property rights in Parliament possessed by hereditary peers;
and any vote cast by the holder of an hereditary peerage on any matter other than one to which paragraph (c) applies shall not be counted towards the decision on that matter.")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

69      Page 1, line 10, at end insert--

("if he is a Peer of the Realm who is disqualified by this Act from attending, sitting or voting in the House of Lords.")

© Parliamentary copyright 1999
Prepared 10 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	After Clause 1
	BY THE LORD WEATHERILL THE LORD MARSH THE EARL OF CARNARVON THE VISCOUNT TENBY
31	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.
32	[Withdrawn]
33	[Withdrawn]
34	[Withdrawn]
35	[Withdrawn]
35A	[Withdrawn]
36	[Withdrawn]
36A	[Withdrawn]
37	[Withdrawn]
38	[Withdrawn]
39	[Withdrawn]
39A	[Withdrawn]
40	[Withdrawn]
41	[Withdrawn]
42	[Withdrawn]
42ZA	[Withdrawn]
42A	[Withdrawn]
42B	[Withdrawn]
43	[Withdrawn]
44	[Withdrawn]
45	[Withdrawn]
46	[Withdrawn]
47	[Withdrawn]
48	[Withdrawn]
49	[Withdrawn]
	BY THE LORD GRAY
50	Insert the following new Clause--
	(" . The holder of a peerage in the peerage of Scotland only shall continue to be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.")	Peers of Scotland.
51	Insert the following new Clause--
	(" .--(1) There shall be an electoral college consisting of each holder of a peerage in the peerage of Scotland who has attained the age of 18 years which shall elect sixteen of its members who are peers of Scotland only to sit and vote in the House of Lords. (2) Sixteen holders of peerages in the peerage of Scotland only who have attained the age of 21 years and who are elected in accordance with subsection (1) shall be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.")	Peers of Scotland (No. 2).
	BY THE LORD ROWALLAN
52	Insert the following new Clause--
	(" .--(1) Section 1 does not apply to any person who, on the day on which this Act is passed-- (a) is a member of the House of Lords by virtue of a hereditary peerage, and (b) in the Session of Parliament preceding the Session in which this Act is passed, attended that House or a committee of that House for at least one third of the total number of days on which the House sat, and that person shall remain a member of the House of Lords for their life. (2) The Clerk of the Parliaments shall certify-- (a) the total number of days on which the House sat, (b) the total number of days required to fulfil subsection (1)(b), and (c) the total number of days of attendance of each member.")	Exception from section 1 (No. 2).
	BY THE EARL OF MAR AND KELLIE
53	Insert the following new Clause--
	(" .--(1) During the period in which this Act remains in force, the Prime Minister shall ensure that at any one time the number of members of the House of Lords whose primary residence is in Scotland shall be no less than 40. (2) If at any time the requirement in subsection (1) is not fulfilled, the Prime Minister shall recommend to Her Majesty that additional persons whose primary residence is in Scotland are recommended to Her Majesty for conferment of life peerages under the Life Peerages Act 1958.")	Representation (Scotland).
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
54	Insert the following new Clause--
	(" . A person who receives a writ of summons at a time when he is not a Peer of the Realm shall not be entitled to attend, sit or vote in the House of Lords by virtue of that writ.")	Peerages created by writ.
55	Insert the following new Clause--
	(" . A Lord who is disqualified from attending, sitting or voting in the House of Lords by virtue of section 1 may nevertheless be a member of the Committee for Privileges, subject to and in accordance with the Standing Orders of the House, and any such Lord who is a member of that Committee shall be entitled-- (a) to admittance to the Palace of Westminster as if he were not so disqualified, and (b) in the performance of his functions as a member of that Committee to all the rights and privileges of any other member of that Committee who is not so disqualified.")	Committee for Privileges.
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
56	Insert the following new Clause--
	(" . Nothing in this Act shall exclude a peer who is, on the day before the coming into force of this Act, a member of the House of Lords by virtue of a writ of acceleration from continuing to be a member of the House.")	Writ of acceleration.
57	Insert the following new Clause--
	(" . Nothing in section 1 of this Act shall be taken to prevent sixteen holders of peerages in the peerage of Scotland only from sitting or voting in the House of Lords.")	Peers of Scotland (No. 3).
	BY THE EARL OF KINNOULL
58	Insert the following new Clause--
	(" .--(1) Section 1 shall not apply in relation to any one excepted from it ("a working hereditary peer") by or in accordance with Standing Orders of the House. (2) At any one time no more than 150 working hereditary peers shall be excepted from section 1. (3) A working hereditary peer shall be entitled to be a member of the House of Lords by virtue of that peerage until the day on which he attains the age of 75 years or that on which he certifies his wish to retire by notice given in writing to the Lord Chancellor. (4) On the death, retirement or resignation of a working hereditary peer, a new member of the House of Lords shall be appointed from amongst the number of members of the hereditary peerage who had previously been entitled to sit and vote in the House of Lords for a period of at least five years, or who meet such other qualifications as may be set out in Standing Orders.")	Exception from section 1 (No. 3).
59	Insert the following new Clause--
	(" .--(1) There shall be an Appointments Committee whose function shall be to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958, and for appointment of working hereditary peers to the House of Lords. (2) The chairman of the Committee shall be a retired Lord of Appeal in Ordinary. (3) The members of the Committee shall include the Leader of the House of Lords, the Leader of the Opposition in the House of Lords, the leader of the next largest party in the House of Lords, the Convenor of the Cross Bench peers in the House of Lords, the Chairman of Committees in the House of Lords, and five other external members appointed by the Privy Council. (4) In considering its recommendations under subsection (1) the committee shall take account of a person's availability and willingness to serve actively as a member of the House of Lords.")	Independent appointments committee.
	BY THE LORD COLERAINE
60	Insert the following new Clause--
	(" . Any person who was the holder of an hereditary peerage and who was entitled to a writ of summons to attend that House on the day before section 1 of this Act came into force shall be entitled by virtue of this Act to be a member of that House but shall not be entitled to vote in a division in that House or in a Committee of the whole House on any question arising in the consideration of legislation.")	Retention of speaking rights.
	BY THE LORD PEARSON OF RANNOCH
61	Insert the following new Clause--
	(" .--(1) From the day on which this Act comes into force, the members of the House of Lords shall be-- (a) the Lords Spiritual; (b) any holder of a peerage under the Appellate Jurisdiction Act 1876; (c) 600 peers who are elected in accordance with subsections (2) and (3); and (d) any person who became a member of the House of Lords in any of the four Sessions preceding the Session in which this Act is passed. (2) The 600 members of the House under subsection (1)(c) shall be comprised of-- (a) 200 Cross Bench peers elected by Cross Bench peers; (b) 170 Labour peers elected by Labour peers; (c) 170 Conservative peers elected by Conservative peers; and (d) 60 Liberal Democrat peers elected by Liberal Democrat peers. (3) The electors for the purposes of subsection (1)(c) and (2) shall be members of the House of Lords at the date on which the election is held who-- (a) have attended at least 6 sitting days in each of the two Sessions preceding the Session in which this Act is passed, or (b) if they have become a member of the House in either of the two Sessions preceding the Session in which this Act is passed, have attended at least one third of sitting days since the day on which they were introduced. (4) 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 (3). (5) Standing Orders of the House of Lords shall make provision relating to the holding and conduct of elections under this section, and that such elections shall be held at intervals of no more than 7 years. (6) Subject to subsection (8), the Lord Chancellor may by order made by statutory instrument, at intervals of no more than 7 years after the passing of this section, amend any number specified in subsection (2), but only to give effect to a resolution of the House of Lords. (7) An order under subsection (6) shall be laid in draft before, and shall be subject to the affirmative resolution of, each House of Parliament. (8) The two largest political parties shall be entitled to equal representation in the House of Lords. (9) Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments.")	Membership of House of Lords (No. 2).
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
61A	Insert the following new Clause--
	(" . Schedule (Exception from section 1: further provisions) (which makes further provision relating to the exception of hereditary peers from section 1) shall have effect.")	Exception from section 1: further provisions.
	Clause 2
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
62	Page 1, leave out lines 7 and 8 and insert-- ("(1) The expressions "Lord of Parliament" and "Peer of Parliament" shall not include any person who is disqualified by section 1 from attending, sitting or voting in the House of Lords. (2) A person shall not be disqualified from--")
	BY THE EARL FERRERS THE LORD TREFGARNE THE EARL OF NORTHESK
63	Page 1, line 7, leave out ("a") and insert ("an")
	BY THE EARL OF CLANWILLIAM
64	Page 1, line 7, after ("peerage") insert ("who is not a member of the House of Lords by virtue of section 1(2)")
	BY THE LORD GRAY
65	Page 1, line 7, after ("peerage") insert ("who is not a member of the House of Lords by virtue of section (Peers of Scotland)")
66	Page 1, line 7, after ("peerage") insert ("who is not a member of the electoral college for the election of peers of Scotland only under section (Peers of Scotland (No. 2))")
67	Page 1, line 7, after ("peerage") insert ("who is not a person to whom section 1(2) applies")
	BY THE EARL FERRERS
68	Page 1, line 7, leave out ("by virtue of") and insert ("because he holds")
	BY THE LORD NORRIE
68A	Page 1, line 10, at end insert ("or (c) voting on any Bill that affects or touches upon the personal and property rights in Parliament possessed by hereditary peers; and any vote cast by the holder of an hereditary peerage on any matter other than one to which paragraph (c) applies shall not be counted towards the decision on that matter.")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
69	Page 1, line 10, at end insert-- ("if he is a Peer of the Realm who is disqualified by this Act from attending, sitting or voting in the House of Lords.")