House of Lords Amendments - House of Lords Bill

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Session 1998-99
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Here you can browse the Fifth 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 2

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).

© Parliamentary copyright 1999
Prepared 12 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	After Clause 2
	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).