House of Lords (Hereditary Peers) Bill

House of Lords (Hereditary Peers) Bill

Act of Parliament
Parliament of the United Kingdom
Long title	A Bill to Remove the remaining connection between hereditary peerage and membership of the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages; and for connected purposes.
Introduced by	Pat McFadden, Chancellor of the Duchy of Lancaster (Commons) Baroness Smith of Basildon, Lord Keeper of the Privy Seal (Lords)
Territorial extent	United Kingdom
Other legislation
Amends	Peerage Act 1963 House of Lords Act 1999 Constitutional Reform and Governance Act 2010 House of Lords Reform Act 2014
Status: Pending
History of passage through Parliament
Text of statute as originally enacted

The House of Lords (Hereditary Peers) Bill is a Bill of the Parliament of the United Kingdom. The Bill, if passed, will entirely remove hereditary peers from voting functions within the House of Lords.

House of Lords reform was included within the Labour Party's manifesto for the 2024 United Kingdom general election, which included an age cap on peers and the removal of hereditary peers entirely.

Background

Further information: History of reform of the House of Lords

Reform of the House of Lords has been a part of successive government policies since the early 19th century. The last major change was made in the House of Lords Act 1999 under the first Blair ministry, which provided that:

No-one shall be a member of the House of Lords by virtue of a hereditary peerage.

— House of Lords Act 1999, Section 1, Exclusion of hereditary peers.

The Act then provided several exceptions, allowing 90 hereditary peers, as well as the Lord Great Chamberlain and the Earl Marshal, to remain in the House of Lords pending further reform. The Act originally eliminated hereditary peers entirely, however the exceptions made (section 2 of the Act) were as part of a compromise reached between the House of Lords and the House of Commons during the passage of the Bill.

Provisions

The Bill, if passed, will eliminate all 92 of the hereditary peers from the House of Lords; the Earl Marshal and Lord Great Chamberlain will continue their ceremonial functions in the House of Lords, but will cease to be members. The sections of the Bill as introduced are listed below:

• Section 1: Exclusion of remaining hereditary peers. This section repeals section 2 of the House of Lords Act 1999, removing the exceptions for hereditary peers remaining in the House of Lords.
• Section 2: Claims to hereditary peerages. This section removes the House of Lords' jurisdiction over claims to hereditary peerages.
• Section 3: Consequential amendments
• Section 4: Extent and commencement
• Section 5: Short title

Criticism

The Bill has been criticised by hereditary peer Lord Strathclyde, who said that to reduce the size of the House of Lords, peers who do not often attend debates should be removed instead of hereditary peers, some of whom were very active. Minister for the Constitution and European Union Relations, Nick Thomas-Symonds, said that "The second chamber plays a vital role in our constitution and people should not be voting on our laws in parliament by an accident of birth".

University College London's constitution unit said that the only other country in the world with a hereditary element in the legislature was the hereditary chiefs in Lesotho's Senate, though other countries have hereditary elements as well, such as the 18 chiefs in Zimbabwe's Senate, Tonga's 9 internally elected nobles in the Legislative Assembly, and Samoa's requirement to hold matai status to stand for election to the Fono.

Others have said that other elements of House of Lords reform should be prioritised, such as the removal of the automatic right of Anglican Bishops to sit in the House of Lords as Lords Spiritual, as the only other sovereign nation in which clerics are automatically granted a seat in the legislature is Iran.

Stages

The Bill was introduced formally by Pat McFadden, receiving its first reading on Thursday, 5 September 2024, with its second reading on 15 October 2024. The Bill then proceeded into committee stage, and due to its constitutional significance the Bill is subject to a Committee of the Whole House. The Committee of the Whole House, and then the Bill's third reading, took place on 12 November 2024 with the Bill passing the House of Commons by a vote of 435-73.

Votes on committee amendments in the House of Commons

Amendment	Ayes	Nays	Result
A25: Would delay commencement until a report by a joint committee of the Commons and the Lords	98	376	Not accepted
NC1: Exclusion of bishops	41	378	Not accepted
NC7: Duty to take forward proposals for democratic mandate for House of Lords	93	355	Not accepted
NC20: Purpose of the Bill	98	375	Not accepted

The Bill was introduced into the House of Lords by Baroness Smith of Basildon, and the Bill received its first reading in the House of Lords on 13 November 2024, and its second reading in the House of Lords on 11 December 2024.

Future reform

The Bill is part of a wider plan by Labour to replace the House of Lords with an “alternative second chamber” in the long term. Part of Labour's plans include eventually replacing the House of Lords with an entirely elected Assembly of Nations and Regions, however it has been stated that this would take more than a single term to accomplish.

See also

• House of Lords Reform Bill 2012
• House of Lords Act 1999
• Reform of the House of Lords