House of Lords Amendments - House of Lords Bill

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Session 1998-99
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House of Lords Bill -
Amendments to be debated in the House of Lords
Here you can browse the Revised Sixth 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 3

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

110B      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.

BY THE LORD GRAY

110C      Insert the following new Clause--

    ("  .  On the coming into force of this Act the House of Lords shall cease to be so known.") House of Lords: name (No. 4).

110D      Insert the following new Clause--

    ("  .  On the coming into force of this Act the House of Lords shall cease to be known as such and shall be known as the Senate of the United Kingdom.") House of Lords: name (No. 5).

BY THE LORD PEARSON OF RANNOCH

110E*      Insert the following new Clause--

    (".--(1) From the day on which this Act comes into force, the members of the House of Lords who shall be entitled to sit and vote in that House shall be--
(a)  the Lords Spiritual;

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

(c)  not more than 700 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 the Session preceding the Session in which this Act is passed.
    (2)  The members of the House under subsection (1)(c) shall be comprised of not more than--
(a)  240 Cross Bench peers elected by Cross Bench peers;

(b)  200 Labour peers elected by Labour peers;

(c)  200 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 2 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 2 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 7 years.

    (6)  In each of the two Sessions preceding an election under subsection (5), all peers who would have been entitled to receive a writ of summons to attend the House of Lords but for the passing of this Act shall be entitled to sit, but not to vote, in that House.

    (7)  Subject to subsection (9), the Lord Chancellor may by order made by statutory instrument amend any number specified in subsection (2), but only to give effect to a resolution of the House of Lords.

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

    (9)  The two political parties with the largest number of seats in the House of Commons shall be entitled to equal representation in the House of Lords.

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

    (11)  Any person under subsection (6) 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.") Membership of the House of Lords (No. 2).

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

110F*      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.

110G*      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).

110H*      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).

Clause 4

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

111      Page 1, line 13, leave out subsections (1) and (2) and insert--

    ("(1)  Sections 1 to 3 and subsections (3) and (4) shall come into force on such day after their commencement has been approved in the referendum referred to in section (Referendum) as the Secretary of State may by order made by statutory instrument appoint.")

BY THE LORD NORRIE
THE LORD NORTHBROOK

111A      Page 1, line 13, leave out subsection (1) and insert--

    ("(1)  This Act shall come into force at the end of the session of Parliament in which it is passed providing that it is in full compliance with the provisions of the Statute of Westminster 1931 expressed by the written consents of all the Commonwealth States provided as direct evidence of the Resolutions of all the said Parliaments and Assemblies to that effect, all of which have been communicated to the Speaker of the House of Commons.")

111B      [Withdrawn]

BY THE LORD BOARDMAN

112      Page 1, line 13, leave out from ("Act") to end of line 14 and insert ("shall not come into force until each House of Parliament has come to a resolution that it should do so.

    (1A)  No resolution under subsection (1) may be made until the Royal Commission set up to consider the reform of the House of Lords has reported.")

BY THE BARONESS BLATCH

113      Page 1, line 13, leave out from ("Act") to end of line 14 and insert ("shall not come into force until each House of Parliament has come to a resolution that it should do so.

    (  )  No resolution referred to in subsection (1) may be made until the recommendations of the Royal Commission on the reform and composition of the House of Lords have been reported on by a joint committee of both Houses of Parliament.")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

114      Page 1, line 13, leave out ("subsections (3) and (4) below)") and insert ("subsection (3))")

BY THE LORD ELTON

115      Page 1, line 13, leave out from ("below)") to end of the line 14 and insert ("shall have effect until the last day of the first Session of the second Parliament following the Parliament in which this Act is passed.")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

116      Page 1, line 13, after ("shall") insert ("not")

117      Page 1, line 14, leave out from ("force") to end of line and insert ("on 1st September 2001 or if earlier on the dissolution of the Parliament in which this Act is passed.")

118      Page 1, line 14, leave out from ("force") to end of line and insert ("until a report of a Royal Commission on the future composition and role of the House of Lords has been laid before the House of Lords and accepted by resolution of that House.")

BY THE VISCOUNT MOUNTGARRET
THE EARL FERRERS
THE LORD TREFGARNE
THE EARL OF NORTHESK

119      Page 1, line 14, leave out ("Session of")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

120      Page 1, line 14, at end insert--

    ("(  )  This Act shall cease to have effect on the laying before either House of Parliament of a report of a Royal Commission recommending that the composition of the House of Lords be changed and that the hereditary peerage should no longer be a constituent part of the House or that the numbers of hereditary peers entitled to attend, sit and vote in the House of Lords should be reduced or should be unchanged.")

BY THE LORD NORRIE

120A      Page 1, line 14, at end insert--

    ("(  ) Notwithstanding anything in subsection (1), this Act shall come into force only to the extent that it is in full compliance with the European Convention on Human Rights and the precedents established by the decisions of the European Court of Human Rights.")

BY THE VISCOUNT MOUNTGARRET
THE EARL FERRERS
THE LORD TREFGARNE
THE EARL OF NORTHESK

121      Page 1, line 15, leave out subsection (2)

121A      [Withdrawn]

BY THE EARL FERRERS

122      Page 1, line 16, leave out ("a") and insert ("an")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

123      Page 1, line 17, leave out subsections (3) and (4) and insert--

    ("(3)  In relation to a peer who is disqualified from attending, sitting or voting in the House of Lords by virtue of section 1, section 4 of the Representation of the People Act 1985 (qualifying date for eligibility to be included in the register of electors for use in parliamentary elections) shall have effect with the substitution for the dates 10th October and 15th September of the date 1st January for the purposes only of preparing and publishing the register of electors to be used in an election at which the date of the poll is fixed for a date after section 1 above comes into force but earlier than 16th February 2001 (or such later date as may apply in relation to any particular register by virtue of section 13(3), (4) or (5) of the 1985 Act (delayed date of publication of register in certain cases)).")

124      Page 1, line 17, leave out subsections (3) and (4) and insert--

    ("(3)  For the purposes of section 4 of the Representation of the People Act 1985 (qualifying date for eligibility to be included in the register of electors for use in parliamentary elections) section 1 above shall be deemed to have come into force on the 14th September last preceding the date of the commencement of this section, and any necessary amendments to any electoral register shall be made, before any election is held after that date, on application by any Peer disqualified under section 1.

    (4)  The Secretary of State may, by regulations made by statutory instrument, prescribe the form and content of applications under subsection (3) above and, where such regulations are made, an application shall not be valid unless it complies with the requirements of the regulations.")

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

125      Page 1, line 17, leave out subsections (3) and (4) and insert--

    ("(3)  Holders of hereditary peerages, who are no longer members of the House of Lords by virtue of section 1 of this Act shall be entitled from the end of the Session of Parliament in which this Act is passed to be entered onto the electoral register for any one Parliamentary constituency in which they are normally resident, and at any time after the end of the Session of Parliament in which this Act is passed the holders of hereditary peerages who are so entered on to the register shall be entitled to stand at or vote in elections to the House of Commons.")

BY THE LORD ELTON
THE LORD STANLEY OF ALDERLEY

126      Page 1, line 17, leave out ("may") and insert ("shall")

BY THE LORD TREFGARNE
THE EARL OF NORTHESK

127      Page 1, line 19, leave out ("or the European Parliament")

127A      [Withdrawn]

BY THE EARL FERRERS

128      Page 1, line 19, leave out ("as he considers appropriate")

BY THE LORD ELTON

129      Page 1, line 19, leave out ("as he considers appropriate") and insert ("as are necessary to ensure that every holder of a hereditary peerage disqualified by this Act from membership of the House of Lords shall be entitled to vote in any election to the House of Commons or the European Parliament held on any date between the end of the session in which this Act is passed and 1st February 2000.")

BY THE LORD STANLEY OF ALDERLEY

129A      Page 1, line 22, leave out ("may") and insert ("shall")

130      [Withdrawn]

© Parliamentary copyright 1999
Prepared 17 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	After Clause 3
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
110B	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.
	BY THE LORD GRAY
110C	Insert the following new Clause--
	(" . On the coming into force of this Act the House of Lords shall cease to be so known.")	House of Lords: name (No. 4).
110D	Insert the following new Clause--
	(" . On the coming into force of this Act the House of Lords shall cease to be known as such and shall be known as the Senate of the United Kingdom.")	House of Lords: name (No. 5).
	BY THE LORD PEARSON OF RANNOCH
110E*	Insert the following new Clause--
	(".--(1) From the day on which this Act comes into force, the members of the House of Lords who shall be entitled to sit and vote in that House shall be-- (a) the Lords Spiritual; (b) any holder of a peerage under the Appellate Jurisdiction Act 1876; (c) not more than 700 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 the Session preceding the Session in which this Act is passed. (2) The members of the House under subsection (1)(c) shall be comprised of not more than-- (a) 240 Cross Bench peers elected by Cross Bench peers; (b) 200 Labour peers elected by Labour peers; (c) 200 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 2 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 2 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 7 years. (6) In each of the two Sessions preceding an election under subsection (5), all peers who would have been entitled to receive a writ of summons to attend the House of Lords but for the passing of this Act shall be entitled to sit, but not to vote, in that House. (7) Subject to subsection (9), the Lord Chancellor may by order made by statutory instrument amend any number specified in subsection (2), but only to give effect to a resolution of the House of Lords. (8) An order under subsection (7) shall be laid in draft before, and shall be subject to the affirmative resolution of, each House of Parliament. (9) The two political parties with the largest number of seats in the House of Commons shall be entitled to equal representation in the House of Lords. (10) Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments. (11) Any person under subsection (6) 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.")	Membership of the House of Lords (No. 2).
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
110F*	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.
110G*	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).
110H*	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).
	Clause 4
	BY THE LORD CAMPBELL OF ALLOWAY THE LORD CHALFONT THE LORD NAPIER AND ETTRICK THE EARL OF NORTHESK
111	Page 1, line 13, leave out subsections (1) and (2) and insert-- ("(1) Sections 1 to 3 and subsections (3) and (4) shall come into force on such day after their commencement has been approved in the referendum referred to in section (Referendum) as the Secretary of State may by order made by statutory instrument appoint.")
	BY THE LORD NORRIE THE LORD NORTHBROOK
111A	Page 1, line 13, leave out subsection (1) and insert-- ("(1) This Act shall come into force at the end of the session of Parliament in which it is passed providing that it is in full compliance with the provisions of the Statute of Westminster 1931 expressed by the written consents of all the Commonwealth States provided as direct evidence of the Resolutions of all the said Parliaments and Assemblies to that effect, all of which have been communicated to the Speaker of the House of Commons.")
111B	[Withdrawn]
	BY THE LORD BOARDMAN
112	Page 1, line 13, leave out from ("Act") to end of line 14 and insert ("shall not come into force until each House of Parliament has come to a resolution that it should do so. (1A) No resolution under subsection (1) may be made until the Royal Commission set up to consider the reform of the House of Lords has reported.")
	BY THE BARONESS BLATCH
113	Page 1, line 13, leave out from ("Act") to end of line 14 and insert ("shall not come into force until each House of Parliament has come to a resolution that it should do so. ( ) No resolution referred to in subsection (1) may be made until the recommendations of the Royal Commission on the reform and composition of the House of Lords have been reported on by a joint committee of both Houses of Parliament.")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
114	Page 1, line 13, leave out ("subsections (3) and (4) below)") and insert ("subsection (3))")
	BY THE LORD ELTON
115	Page 1, line 13, leave out from ("below)") to end of the line 14 and insert ("shall have effect until the last day of the first Session of the second Parliament following the Parliament in which this Act is passed.")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
116	Page 1, line 13, after ("shall") insert ("not")
117	Page 1, line 14, leave out from ("force") to end of line and insert ("on 1st September 2001 or if earlier on the dissolution of the Parliament in which this Act is passed.")
118	Page 1, line 14, leave out from ("force") to end of line and insert ("until a report of a Royal Commission on the future composition and role of the House of Lords has been laid before the House of Lords and accepted by resolution of that House.")
	BY THE VISCOUNT MOUNTGARRET THE EARL FERRERS THE LORD TREFGARNE THE EARL OF NORTHESK
119	Page 1, line 14, leave out ("Session of")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
120	Page 1, line 14, at end insert-- ("( ) This Act shall cease to have effect on the laying before either House of Parliament of a report of a Royal Commission recommending that the composition of the House of Lords be changed and that the hereditary peerage should no longer be a constituent part of the House or that the numbers of hereditary peers entitled to attend, sit and vote in the House of Lords should be reduced or should be unchanged.")
	BY THE LORD NORRIE
120A	Page 1, line 14, at end insert-- ("( ) Notwithstanding anything in subsection (1), this Act shall come into force only to the extent that it is in full compliance with the European Convention on Human Rights and the precedents established by the decisions of the European Court of Human Rights.")
	BY THE VISCOUNT MOUNTGARRET THE EARL FERRERS THE LORD TREFGARNE THE EARL OF NORTHESK
121	Page 1, line 15, leave out subsection (2)
121A	[Withdrawn]
	BY THE EARL FERRERS
122	Page 1, line 16, leave out ("a") and insert ("an")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
123	Page 1, line 17, leave out subsections (3) and (4) and insert-- ("(3) In relation to a peer who is disqualified from attending, sitting or voting in the House of Lords by virtue of section 1, section 4 of the Representation of the People Act 1985 (qualifying date for eligibility to be included in the register of electors for use in parliamentary elections) shall have effect with the substitution for the dates 10th October and 15th September of the date 1st January for the purposes only of preparing and publishing the register of electors to be used in an election at which the date of the poll is fixed for a date after section 1 above comes into force but earlier than 16th February 2001 (or such later date as may apply in relation to any particular register by virtue of section 13(3), (4) or (5) of the 1985 Act (delayed date of publication of register in certain cases)).")
124	Page 1, line 17, leave out subsections (3) and (4) and insert-- ("(3) For the purposes of section 4 of the Representation of the People Act 1985 (qualifying date for eligibility to be included in the register of electors for use in parliamentary elections) section 1 above shall be deemed to have come into force on the 14th September last preceding the date of the commencement of this section, and any necessary amendments to any electoral register shall be made, before any election is held after that date, on application by any Peer disqualified under section 1. (4) The Secretary of State may, by regulations made by statutory instrument, prescribe the form and content of applications under subsection (3) above and, where such regulations are made, an application shall not be valid unless it complies with the requirements of the regulations.")
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
125	Page 1, line 17, leave out subsections (3) and (4) and insert-- ("(3) Holders of hereditary peerages, who are no longer members of the House of Lords by virtue of section 1 of this Act shall be entitled from the end of the Session of Parliament in which this Act is passed to be entered onto the electoral register for any one Parliamentary constituency in which they are normally resident, and at any time after the end of the Session of Parliament in which this Act is passed the holders of hereditary peerages who are so entered on to the register shall be entitled to stand at or vote in elections to the House of Commons.")
	BY THE LORD ELTON THE LORD STANLEY OF ALDERLEY
126	Page 1, line 17, leave out ("may") and insert ("shall")
	BY THE LORD TREFGARNE THE EARL OF NORTHESK
127	Page 1, line 19, leave out ("or the European Parliament")
127A	[Withdrawn]
	BY THE EARL FERRERS
128	Page 1, line 19, leave out ("as he considers appropriate")
	BY THE LORD ELTON
129	Page 1, line 19, leave out ("as he considers appropriate") and insert ("as are necessary to ensure that every holder of a hereditary peerage disqualified by this Act from membership of the House of Lords shall be entitled to vote in any election to the House of Commons or the European Parliament held on any date between the end of the session in which this Act is passed and 1st February 2000.")
	BY THE LORD STANLEY OF ALDERLEY
129A	Page 1, line 22, leave out ("may") and insert ("shall")
130	[Withdrawn]