House of Lords Amendments - House of Lords Bill

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Here you can browse the Revised Second Marshalled List of Amendments to the House of Lords Bill to be moved on Report in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 2

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

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

    ("(  )  If a vacancy arises by reason of the death or disqualification of an elected hereditary peer excepted from section 1 the vacancy shall be filled--
(a)  until the end of the first Session of the Parliament after that in which this Act is passed, by the unsuccessful candidate who obtained the highest number of votes in the election at which the deceased or disqualified peer was elected; and

(b)  for any subsequent Session of Parliament, by the holding of an election conducted in accordance with provision made by virtue of this section.")

BY THE LORD RODGERS OF QUARRY BANK
THE LORD HARRIS OF GREENWICH
THE LORD GOODHART
THE LORD NEWBY

21A      [Withdrawn]

21B      Page 1, line 14, at end insert--

    ("(  )  If Standing Orders provide for any people to be excepted from section 1 in consequence of an election the method of election shall be determined by each party group and by the Cross-bench peers.")

BY THE LORD COLERAINE

21C      Page 1, line 14, at end insert--

    ("(  )  Standing orders of the House shall provide that the 90 excepted hereditary peers shall consist of the following categories--
(a)(i)  2 peers elected by the Labour hereditary peers;

  (ii)  42 peers elected by the Conservative hereditary peers;

  (iii)  3 peers elected by the Liberal Democrat hereditary peers; and

  (iv)  28 peers elected by the Cross-bench hereditary peers; and

(b)  15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require.")

BY THE VISCOUNT BLEDISLOE
THE LORD CHALFONT
THE LORD LUCAS

21D      Page 1, line 20, at end insert--

    ("(  )  If, at any time, there shall have been, for more than 30 days, fewer than 90 people excepted from section 1 pursuant to subsection (2) above, the Lord Chancellor shall thereupon take all such steps as may appear to him to be necessary to seek to ensure that the number of people so excepted becomes 90 as soon as may be reasonably practicable.

    Provided that the validity of anything done by the House of Lords shall not be in any way affected, or open to challenge, by reason of the fact that, at any time, there are less than 90 people so excepted.")

After Clause 2



22      [Withdrawn]

23      [Withdrawn]

24      [Withdrawn]

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

25      Insert the following new Clause--

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

    (2)  The Commission shall be an advisory non-departmental public body and shall--
(a)  be appointed in accordance with the rules of the Commissioner for Public Appointments and may seek his advice about best practice in attracting and assessing potential nominees;

(b)  operate an open and transparent nominations system for peers not belonging to, or recommended by, any political party ("the Cross Bench peers");

(c)  actively invite nominations by the general public and encourage nominations from professional associations, charities and other public bodies that it judges appropriate;

(d)  publish criteria under which it will determine a candidate's suitability for nomination;

(e)  reinforce the present function of the Political Honours Scrutiny Committee in vetting the suitability of all nominations to life peerages by the political parties; and

(f)  scrutinise all candidates for life peerages on the grounds of propriety in relation to political donations, as proposed in the 5th Report of the Committee on Standards in Public Life.
    (3)  The Commission shall appoint its own Chairman.

    (4)  It shall, at least every 6 months, and at most every year, make proposals to the Prime Minister for nomination as Cross Bench peers, sufficient at least to fill any vacancies among Cross Bench peers that may occur through death, disqualification or a decision to join a political party represented in the House of Lords.

    (5)  The Prime Minister may not refuse to submit to Her Majesty the names of those recommended as Cross Bench peers by the Commision, and shall not seek to influence such nominations, save in exceptional circumstances, such as those endangering the security of the realm.

    (6)  The Commission, in considering nominations as Cross Bench peers, shall not give any additional weight to recommendations from the Prime Minister or the Leaders of other political parties.

    (7)  Following the passing of this Act the Commission shall make a report annually to Parliament on the recommendations made to Her Majesty by the Prime Minister for the conferment of life peerages, in which it will declare if the following criteria are being observed, namely 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 the 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.
    (8)  The Commission shall consist of eight members of the Privy Council, of whom four shall be appointed by a special Commission of the Prime Minister, the Speaker of the House of Commons and the Lord Chairman of Committees of the House of Lords.

    (9)  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.") Appointments
Commission.

BY THE LORD COLERAINE
[As an amendment to amendment 25]

26      Line 46, after ("party;") insert--
("(  )  the proportion of peers of the second opposition party to peers of the main opposition party remains the same as the proportion of life peers of the second opposition party to life peers of the main opposition party was on the day before the passing of this Act;")

BY THE LORD STANLEY OF ALDERLEY
THE EARL OF CAITHNESS

27      Insert the following new Clause--

    ("  .--(1)  There shall be an Appointments Commission which shall--
(a)  make life peerage recommendations to Her Majesty, and

(b)  approve proposals for life peerage recommendations made by any other person.
    (2)  In this section "a life peerage recommendation" is a recommendation to Her Majesty for the conferment of a life peerage in accordance with the Life Peerages Act 1958.

    (3)  In making, or approving a proposal for, a life peerage recommendation, the Appointments Commission shall be guided by the following principles relating to the membership of the House of Lords--
(a)  no one political party should have a majority;

(b)  there should be broad parity between the numbers of government peers and those of the main opposition party peers;

(c)  there should be broad parity between the numbers of government peers and numbers of Cross Bench peers;

(d)  more than half the members of the House of Lords, whether government peers, opposition peers or Cross Bench peers, should have experience of and expertise in areas other than (or in addition to) politics.
    (4)  Membership of the Commission shall not exceed 10 but subject to that the Secretary of State shall make regulations--
(a)  providing for the appointment of the members of the Appointment Commission, for procedural matters relating to the functions of the Commission and for the members' remuneration and expenses; and

(b)  restricting the making of life peerage recommendations to Her Majesty by persons other than the Commission unless the proposal for the recommendation has been approved by the Commission.")
Appointments
Commission
(No. 2).

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

28      [Withdrawn]

28A*      Insert the following new Clause--

    ("  .--(1)  Nothing in section 1 of this Act shall be taken to prevent sixteen peers in the peerage of Scotland from sitting and voting in the House of Lords.

    (2)  At the beginning of each Parliament, the peers of Scotland shall elect from amongst their number, by open election and plurality of votes, the said sixteen peers, who are to sit and vote in the House of Lords during that Parliament.

    (3)  In the case of the death or legal incapacity of any of the said sixteen peers, the peers of Scotland shall elect another of their number in place of the said peer.") Membership of House of Lords: Scottish peers (No. 9).

28B*      Insert the following new Clause--

    ("  .--(1)  Nothing in section 1 of this Act shall be taken to prevent sixteen peers in the peerage of Scotland from sitting and voting in the House of Lords.

    (2)  At the beginning of each Session of Parliament, the peers of Scotland shall elect from amongst their number, by open election and plurality of votes, the said sixteen peers, who are to sit and vote in the House of Lords during that Session of Parliament.

    (3)  In the case of the death or legal incapacity of any of the said sixteen peers, the peers of Scotland shall elect another of their number in place of the said peer.") Membership of House of Lords: Scottish peers (No. 10).

29      Insert the following new Clause--

    ("  .  Standing Orders of the House shall provide that on any day when the House sits for public business the membership of the House includes at least sixteen peers who are domiciled in Scotland.") Membership of House of Lords: Scottish peers (No. 2).

30      Insert the following new Clause--

    ("  .  Standing Orders of the House shall ensure that on the first day of every Session of Parliament the membership of the House of Lords includes at least sixteen peers who are domiciled in Scotland.") Membership of House of Lords: Scottish peers (No. 3).

31      Insert the following new Clause--

    ("  .  Standing Orders of the House shall provide that on any day when the House sits for public business the membership of the House includes at least sixteen peers who are resident in the United Kingdom and Scotland is the part of the United Kingdom with which they have the closest connection.") Membership of House of Lords: Scottish peers (No. 4).

32      Insert the following new Clause--

    ("  .  Standing Orders of the House shall provide that on the first day of every Session of Parliament the membership of the House of Lords includes at least sixteen peers who are resident in the United Kingdom and Scotland is the part of the United Kingdom with which they have the closest connection.") Membership of House of Lords: Scottish peers (No. 5).

BY THE LORD GRAY

33      Insert the following new Clause--

    ("  .  To continue the effect of Article XXII of the Treaty of Union of 1707 Standing Orders shall provide that the minimum number of persons domiciled in Scotland and entitled to sit and vote in the House of Lords shall be sixteen; but Ministers of the Crown and persons appointed under the provisions of the Appellate Jurisdiction Act 1876 shall not count towards that minimum.") Membership of House of Lords: Scottish peers (No. 6).

34      Insert the following new Clause--

    ("  .  To continue the effect of Article XXII of the Treaty of Union of 1707 Standing Orders shall provide that the minimum number of persons domiciled in Scotland and entitled to sit and vote in the House of Lords shall be twenty four; but Ministers of the Crown and persons appointed under the provisions of the Appellate Jurisdiction Act 1876 shall not count towards that minimum.") Membership of House of Lords: Scottish peers (No. 7).

35      Insert the following new Clause--

    ("  .  Notwithstanding section 2(2) a person may be excepted from section 1 in accordance with Standing Orders for the purpose of fulfilling section (Membership of House of Lords: Scottish Peers (No. 6)).") Exception from section 1: supplementary.

36      Insert the following new Clause--

    ("  .  Notwithstanding section 2(2) a person may be excepted from section 1 in accordance with Standing Orders for the purpose of fulfilling section (Membership of House of Lords: Scottish Peers (No. 7)).") Exception from section 1: supplementary (No. 2).

37      Insert the following new Clause--

    ("  .--(1)  Notwithstanding section 2(2) sixteen Peers of Scotland only who are domiciled in Scotland shall be excepted from section 1; but anyone excepted under section 2(2) shall not count towards that number.

    (2)  The sixteen shall be elected for a Parliament by all peers domiciled in Scotland who are, or who would but for the passage of this Act have been, entitled to receive a writ of summons to sit and vote in the House of Lords.

    (3)  In the event of a vacancy occurring due to the death or disqualification of a person elected under subsection (2), a by-election shall be held.") Membership of House of Lords: Scottish peers (No. 8).

38      Insert the following new Clause--

    ("  .  In section 4 of the Peerage Act 1963, at the beginning insert "Subject to section (Membership of House of Lords: Scottish Peers (No. 6)) of the House of Lords Act 1999,".") Scottish representative peers.

39      Insert the following new Clause--

    ("  .  In section 4 of the Peerage Act 1963, at the beginning insert "Subject to section (Membership of House of Lords: Scottish Peers (No. 7)) of the House of Lords Act 1999,".") Scottish representative peers (No. 2).

BY THE LORD NORTHBOURNE
THE EARL OF SANDWICH

40      Insert the following new Clause--

    ("  .--(1)  From the date of the coming into force of section 1 of this Act the Prime Minister shall within two months of his commencement of each session of Parliament ensure (if necessary by recommending the creation of additional life peers) that the number of independent peers entitled to speak and to vote in the Second Chamber is at least as great as the number who take the whips of the largest single party.

    (2)  For the purpose of this section "independent peers" shall mean any member who is entitled to speak and to vote in the Second Chamber and who does not owe allegiance to, is not a member of, and does not take the whip of any political party.") Independent peers.

BY THE LORD RODGERS OF QUARRY BANK
THE LORD HARRIS OF GREENWICH
THE LORD GOODHART
THE LORD NEWBY

40A      Insert the following new Clause--

    ("  .--(1)  In this section the target membership" means membership of the House of Lords which is such that--
(a)  the numbers of members associated with each of the two parties having obtained the largest number of seats in the House of Commons at the previous general election is 200; and

(b)  the number of members associated with any other party having obtained at least two seats in the House of Commons at the previous general election is proportional (as a proportion of all members of the House of Lords associated with any party) to that party's share of the total vote in the United Kingdom at that election.
    (2)  For the purposes of this section--
(a)  party" means a party registered under the Registration of Political Parties Act 1998; and

(b)  subject to subsection (7) the question whether a member of the House of Lords is associated with a party shall be determined in accordance with Standing Orders of the House.

    (3)  There shall be an Appointments Commission which shall be established by Order in Council.

    (4)  The functions and membership of the Appointments Commission shall be established in accordance with the principles set out in Chapter 6 of the Command Paper "Modernising Parliament--Reforming the House of Lords" (Cm 4183).

    (5)  The Prime Minister shall not recommend any person to Her Majesty for appointment as a life peer unless he has been nominated under subsection (6) or by the Appointments Commission.

    (6)  At any time when the number of members of the House of Lords associated with a party is less than that party's share of the target membership, the leader of that party may nominate for appointment as life peers a number of persons not greater than the number required to provide that party with its share of the target membership.

    (7)  Any person appointed to be a life peer following a nomination under section (6) shall be deemed to be associated with the party by whose leader he was nominated unless he becomes associated with another party.

    (8)  The Prime Minister shall recommend to Her Majesty for appointment as a life peer any person nominated under subsection (6) unless he is not qualified to receive a writ of summons to the House of Lords or his nomination is not approved by the Appointments Commission.") Appointment of life peers.

© Parliamentary copyright 1999
Prepared 22 June 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 2
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
21	Page 1, line 14, at end insert-- ("( ) If a vacancy arises by reason of the death or disqualification of an elected hereditary peer excepted from section 1 the vacancy shall be filled-- (a) until the end of the first Session of the Parliament after that in which this Act is passed, by the unsuccessful candidate who obtained the highest number of votes in the election at which the deceased or disqualified peer was elected; and (b) for any subsequent Session of Parliament, by the holding of an election conducted in accordance with provision made by virtue of this section.")
	BY THE LORD RODGERS OF QUARRY BANK THE LORD HARRIS OF GREENWICH THE LORD GOODHART THE LORD NEWBY
21A	[Withdrawn]
21B	Page 1, line 14, at end insert-- ("( ) If Standing Orders provide for any people to be excepted from section 1 in consequence of an election the method of election shall be determined by each party group and by the Cross-bench peers.")
	BY THE LORD COLERAINE
21C	Page 1, line 14, at end insert-- ("( ) Standing orders of the House shall provide that the 90 excepted hereditary peers shall consist of the following categories-- (a)(i) 2 peers elected by the Labour hereditary peers; (ii) 42 peers elected by the Conservative hereditary peers; (iii) 3 peers elected by the Liberal Democrat hereditary peers; and (iv) 28 peers elected by the Cross-bench hereditary peers; and (b) 15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require.")
	BY THE VISCOUNT BLEDISLOE THE LORD CHALFONT THE LORD LUCAS
21D	Page 1, line 20, at end insert-- ("( ) If, at any time, there shall have been, for more than 30 days, fewer than 90 people excepted from section 1 pursuant to subsection (2) above, the Lord Chancellor shall thereupon take all such steps as may appear to him to be necessary to seek to ensure that the number of people so excepted becomes 90 as soon as may be reasonably practicable. Provided that the validity of anything done by the House of Lords shall not be in any way affected, or open to challenge, by reason of the fact that, at any time, there are less than 90 people so excepted.")
	After Clause 2

22	[Withdrawn]
23	[Withdrawn]
24	[Withdrawn]
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
25	Insert the following new Clause--
	(" .--(1) There shall be an Appointments Commission ("the Commission") which shall make proposals to the Prime Minister for recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958. (2) The Commission shall be an advisory non-departmental public body and shall-- (a) be appointed in accordance with the rules of the Commissioner for Public Appointments and may seek his advice about best practice in attracting and assessing potential nominees; (b) operate an open and transparent nominations system for peers not belonging to, or recommended by, any political party ("the Cross Bench peers"); (c) actively invite nominations by the general public and encourage nominations from professional associations, charities and other public bodies that it judges appropriate; (d) publish criteria under which it will determine a candidate's suitability for nomination; (e) reinforce the present function of the Political Honours Scrutiny Committee in vetting the suitability of all nominations to life peerages by the political parties; and (f) scrutinise all candidates for life peerages on the grounds of propriety in relation to political donations, as proposed in the 5th Report of the Committee on Standards in Public Life. (3) The Commission shall appoint its own Chairman. (4) It shall, at least every 6 months, and at most every year, make proposals to the Prime Minister for nomination as Cross Bench peers, sufficient at least to fill any vacancies among Cross Bench peers that may occur through death, disqualification or a decision to join a political party represented in the House of Lords. (5) The Prime Minister may not refuse to submit to Her Majesty the names of those recommended as Cross Bench peers by the Commision, and shall not seek to influence such nominations, save in exceptional circumstances, such as those endangering the security of the realm. (6) The Commission, in considering nominations as Cross Bench peers, shall not give any additional weight to recommendations from the Prime Minister or the Leaders of other political parties. (7) Following the passing of this Act the Commission shall make a report annually to Parliament on the recommendations made to Her Majesty by the Prime Minister for the conferment of life peerages, in which it will declare if the following criteria are being observed, namely 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 the 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. (8) The Commission shall consist of eight members of the Privy Council, of whom four shall be appointed by a special Commission of the Prime Minister, the Speaker of the House of Commons and the Lord Chairman of Committees of the House of Lords. (9) 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.")	Appointments Commission.
	BY THE LORD COLERAINE [As an amendment to amendment 25]
26	Line 46, after ("party;") insert-- ("( ) the proportion of peers of the second opposition party to peers of the main opposition party remains the same as the proportion of life peers of the second opposition party to life peers of the main opposition party was on the day before the passing of this Act;")
	BY THE LORD STANLEY OF ALDERLEY THE EARL OF CAITHNESS
27	Insert the following new Clause--
	(" .--(1) There shall be an Appointments Commission which shall-- (a) make life peerage recommendations to Her Majesty, and (b) approve proposals for life peerage recommendations made by any other person. (2) In this section "a life peerage recommendation" is a recommendation to Her Majesty for the conferment of a life peerage in accordance with the Life Peerages Act 1958. (3) In making, or approving a proposal for, a life peerage recommendation, the Appointments Commission shall be guided by the following principles relating to the membership of the House of Lords-- (a) no one political party should have a majority; (b) there should be broad parity between the numbers of government peers and those of the main opposition party peers; (c) there should be broad parity between the numbers of government peers and numbers of Cross Bench peers; (d) more than half the members of the House of Lords, whether government peers, opposition peers or Cross Bench peers, should have experience of and expertise in areas other than (or in addition to) politics. (4) Membership of the Commission shall not exceed 10 but subject to that the Secretary of State shall make regulations-- (a) providing for the appointment of the members of the Appointment Commission, for procedural matters relating to the functions of the Commission and for the members' remuneration and expenses; and (b) restricting the making of life peerage recommendations to Her Majesty by persons other than the Commission unless the proposal for the recommendation has been approved by the Commission.")	Appointments Commission (No. 2).
	BY THE LORD STRATHCLYDE THE LORD MACKAY OF ARDBRECKNISH THE LORD MACKAY OF DRUMADOON THE LORD KINGSLAND
28	[Withdrawn]
28A*	Insert the following new Clause--
	(" .--(1) Nothing in section 1 of this Act shall be taken to prevent sixteen peers in the peerage of Scotland from sitting and voting in the House of Lords. (2) At the beginning of each Parliament, the peers of Scotland shall elect from amongst their number, by open election and plurality of votes, the said sixteen peers, who are to sit and vote in the House of Lords during that Parliament. (3) In the case of the death or legal incapacity of any of the said sixteen peers, the peers of Scotland shall elect another of their number in place of the said peer.")	Membership of House of Lords: Scottish peers (No. 9).
28B*	Insert the following new Clause--
	(" .--(1) Nothing in section 1 of this Act shall be taken to prevent sixteen peers in the peerage of Scotland from sitting and voting in the House of Lords. (2) At the beginning of each Session of Parliament, the peers of Scotland shall elect from amongst their number, by open election and plurality of votes, the said sixteen peers, who are to sit and vote in the House of Lords during that Session of Parliament. (3) In the case of the death or legal incapacity of any of the said sixteen peers, the peers of Scotland shall elect another of their number in place of the said peer.")	Membership of House of Lords: Scottish peers (No. 10).
29	Insert the following new Clause--
	(" . Standing Orders of the House shall provide that on any day when the House sits for public business the membership of the House includes at least sixteen peers who are domiciled in Scotland.")	Membership of House of Lords: Scottish peers (No. 2).
30	Insert the following new Clause--
	(" . Standing Orders of the House shall ensure that on the first day of every Session of Parliament the membership of the House of Lords includes at least sixteen peers who are domiciled in Scotland.")	Membership of House of Lords: Scottish peers (No. 3).
31	Insert the following new Clause--
	(" . Standing Orders of the House shall provide that on any day when the House sits for public business the membership of the House includes at least sixteen peers who are resident in the United Kingdom and Scotland is the part of the United Kingdom with which they have the closest connection.")	Membership of House of Lords: Scottish peers (No. 4).
32	Insert the following new Clause--
	(" . Standing Orders of the House shall provide that on the first day of every Session of Parliament the membership of the House of Lords includes at least sixteen peers who are resident in the United Kingdom and Scotland is the part of the United Kingdom with which they have the closest connection.")	Membership of House of Lords: Scottish peers (No. 5).
	BY THE LORD GRAY
33	Insert the following new Clause--
	(" . To continue the effect of Article XXII of the Treaty of Union of 1707 Standing Orders shall provide that the minimum number of persons domiciled in Scotland and entitled to sit and vote in the House of Lords shall be sixteen; but Ministers of the Crown and persons appointed under the provisions of the Appellate Jurisdiction Act 1876 shall not count towards that minimum.")	Membership of House of Lords: Scottish peers (No. 6).
34	Insert the following new Clause--
	(" . To continue the effect of Article XXII of the Treaty of Union of 1707 Standing Orders shall provide that the minimum number of persons domiciled in Scotland and entitled to sit and vote in the House of Lords shall be twenty four; but Ministers of the Crown and persons appointed under the provisions of the Appellate Jurisdiction Act 1876 shall not count towards that minimum.")	Membership of House of Lords: Scottish peers (No. 7).
35	Insert the following new Clause--
	(" . Notwithstanding section 2(2) a person may be excepted from section 1 in accordance with Standing Orders for the purpose of fulfilling section (Membership of House of Lords: Scottish Peers (No. 6)).")	Exception from section 1: supplementary.
36	Insert the following new Clause--
	(" . Notwithstanding section 2(2) a person may be excepted from section 1 in accordance with Standing Orders for the purpose of fulfilling section (Membership of House of Lords: Scottish Peers (No. 7)).")	Exception from section 1: supplementary (No. 2).
37	Insert the following new Clause--
	(" .--(1) Notwithstanding section 2(2) sixteen Peers of Scotland only who are domiciled in Scotland shall be excepted from section 1; but anyone excepted under section 2(2) shall not count towards that number. (2) The sixteen shall be elected for a Parliament by all peers domiciled in Scotland who are, or who would but for the passage of this Act have been, entitled to receive a writ of summons to sit and vote in the House of Lords. (3) In the event of a vacancy occurring due to the death or disqualification of a person elected under subsection (2), a by-election shall be held.")	Membership of House of Lords: Scottish peers (No. 8).
38	Insert the following new Clause--
	(" . In section 4 of the Peerage Act 1963, at the beginning insert "Subject to section (Membership of House of Lords: Scottish Peers (No. 6)) of the House of Lords Act 1999,".")	Scottish representative peers.
39	Insert the following new Clause--
	(" . In section 4 of the Peerage Act 1963, at the beginning insert "Subject to section (Membership of House of Lords: Scottish Peers (No. 7)) of the House of Lords Act 1999,".")	Scottish representative peers (No. 2).
	BY THE LORD NORTHBOURNE THE EARL OF SANDWICH
40	Insert the following new Clause--
	(" .--(1) From the date of the coming into force of section 1 of this Act the Prime Minister shall within two months of his commencement of each session of Parliament ensure (if necessary by recommending the creation of additional life peers) that the number of independent peers entitled to speak and to vote in the Second Chamber is at least as great as the number who take the whips of the largest single party. (2) For the purpose of this section "independent peers" shall mean any member who is entitled to speak and to vote in the Second Chamber and who does not owe allegiance to, is not a member of, and does not take the whip of any political party.")	Independent peers.
	BY THE LORD RODGERS OF QUARRY BANK THE LORD HARRIS OF GREENWICH THE LORD GOODHART THE LORD NEWBY
40A	Insert the following new Clause--
	(" .--(1) In this section the target membership" means membership of the House of Lords which is such that-- (a) the numbers of members associated with each of the two parties having obtained the largest number of seats in the House of Commons at the previous general election is 200; and (b) the number of members associated with any other party having obtained at least two seats in the House of Commons at the previous general election is proportional (as a proportion of all members of the House of Lords associated with any party) to that party's share of the total vote in the United Kingdom at that election. (2) For the purposes of this section-- (a) party" means a party registered under the Registration of Political Parties Act 1998; and (b) subject to subsection (7) the question whether a member of the House of Lords is associated with a party shall be determined in accordance with Standing Orders of the House.
	(3) There shall be an Appointments Commission which shall be established by Order in Council. (4) The functions and membership of the Appointments Commission shall be established in accordance with the principles set out in Chapter 6 of the Command Paper "Modernising Parliament--Reforming the House of Lords" (Cm 4183). (5) The Prime Minister shall not recommend any person to Her Majesty for appointment as a life peer unless he has been nominated under subsection (6) or by the Appointments Commission. (6) At any time when the number of members of the House of Lords associated with a party is less than that party's share of the target membership, the leader of that party may nominate for appointment as life peers a number of persons not greater than the number required to provide that party with its share of the target membership. (7) Any person appointed to be a life peer following a nomination under section (6) shall be deemed to be associated with the party by whose leader he was nominated unless he becomes associated with another party. (8) The Prime Minister shall recommend to Her Majesty for appointment as a life peer any person nominated under subsection (6) unless he is not qualified to receive a writ of summons to the House of Lords or his nomination is not approved by the Appointments Commission.")	Appointment of life peers.