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The House of Lords Act 1999 (c. 34) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
that reformed the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...
, one of the chambers of Parliament. The Act was given
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 11 November 1999. For centuries, the House of Lords had included several hundred members who inherited their seats (hereditary peers); the Act removed such a right. However, as part of a compromise, the Act did permit ninety-two hereditary peers to remain in the House on an interim basis. Another ten were created life peers to enable them to remain in the House. The Act decreased the membership of the House from 1,330 in October 1999 to 669 in March 2000. As another result of the Act, the majority of the Lords were now
life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...
s, whose numbers had been gradually increasing since the Life Peerages Act 1958. As of November 2019, there were 793 members of the House of Lords, of whom 26 were senior Church of England bishops, whose representation in the House is governed by the Bishoprics Act 1878.


Background

Prior to the 16th century, the Lords was the more powerful of the two houses of Parliament. A series of developments, including such moments of crisis as the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians ("Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of Kingdom of England, England's governanc ...
, gradually shifted the political control of England, first from the Crown to the House of Lords and then to the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. The rising wealth of the Commons eventually allowed it to wage two civil wars, dethrone two kings, and gradually reduce the power of the Lords. Prior to the House of Lords Act 1999, the power of the Lords had been diminished by the
Parliament Acts 1911 and 1949 The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one. T ...
which stripped the Lords of the ability to block, or
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
, adoption of most bills; at most it could delay bills for one year. Furthermore, the Commons has absolute power when it comes to money bills. After eighteen years of
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
government, the Labour party led by
Tony Blair Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of the ...
won a
landslide victory A landslide victory is an election result in which the victorious candidate or party wins by an overwhelming margin. The term became popular in the 1800s to describe a victory in which the opposition is "buried", similar to the way in which a geol ...
at the 1997 general election, inflicting the biggest defeat for the Conservatives since 1832. The Labour Party had for years endorsed abolition of the House of Lords in its election platforms, though since 1992 this had changed to a policy of reforming the House instead of such a drastic constitutional change. During the 20th century, Liberal and Labour governments proposed many bills that were opposed by the House of Lords, which had been dominated by Conservatives since the 1890s, leading to some delay and, where proposed before elections, their dropping from the legislative agenda. In the first year of the Blair government, the Lords passed back Government bills 38 times. The rejection considered the most contentious was that of the European Elections Bill, against which the Lords voted five times. Blair stated that the Conservatives were using the hereditary peers to "frustrate" and "overturn the will of the democratically elected House of Commons". Here Blair found an opportunity to implement one of Labour's campaign promises, reforming the Lords. On 24 November 1998, in opening the second session of Parliament, the Queen delivered her annual
Speech from the Throne A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining t ...
; the Speech is written for her by the ruling party and outlines that party's legislative agenda for the forthcoming year. In it, she stated that her Government (i.e. the ruling Labour Party) would pursue a reform of the House of Lords. These remarks were followed by shouts of " Hear! Hear!" from supportive Labour Members of Parliament, which led to similar shouts of "Shame! Shame!" from Conservative peers; such outbursts were unprecedented, for the Queen's Speech is with few exceptions heard by a silent Parliament.


Bill

The House of Lords Bill was expected to face a tough fight in the House of Lords. Several Lords threatened to disrupt the Government's other bills if they continued with the plan to abolish the hereditaries' right to sit in the House of Lords. The Earl of Onslow, for instance, said, "I'm happy to force a division on each and every clause of the Scotland Bill. Each division takes 20 minutes and there are more than 270 clauses." Lord Randall of St Budeaux put forward the idea of phasing out the hereditary peers by disqualifying their heirs. Baroness Jay of Paddington reminded the House that under the
Salisbury Convention The Salisbury Convention (officially called the Salisbury Doctrine, the Salisbury-Addison Convention or the Salisbury/Addison Convention) is a constitutional convention in the United Kingdom under which the House of Lords will not oppose the sec ...
they could not block the bill. In order to convince some peers to vote for reform, Tony Blair announced that he would compromise by allowing a number of hereditary peers to remain in the House of Lords on an interim basis. On 2 December 1998, the Conservative Leader of the Opposition,
William Hague William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conq ...
, rose in the House of Commons to attack Blair's plans. He suggested that Blair's changes indicated his lack of principles, claiming that Blair wanted to turn the House of Lords into a " House of Cronies". Hague further suggested that the Conservative Party would never agree to such constitutional reforms that were "based on no comprehensive plan or principle." Hague's remarks backfired when Blair revealed that the Conservative Party in the House of Lords, rather than oppose his reforms, would definitely support them, and that he had done a secret deal with the Conservative leader in the House of Lords,
Viscount Cranborne A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...
. Hague immediately removed Cranborne from office, but, in protest, several Conservative Lords who held front-bench positions resigned. On 19 January 1999, the Leader of the House of Commons, Margaret Beckett, introduced the House of Lords Bill into the House of Commons. The House of Commons passed the bill by a vote of 340 to 132 on 16 March. The next day it was presented to the House of Lords, where debate on the bill was far longer. One significant amendment made to the Bill was the so-called ''Weatherill Amendment'', named for Lord Weatherill, the former Speaker of the House of Commons. The Weatherill Amendment put into place the deal agreed to by the Prime Minister and
Viscount Cranborne A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...
, and allowed 92 hereditary peers to remain members of the House of Lords. Several controversies relating to the technicalities of the bill were brought up in the House of Lords. One issue regarded the language used in clauses 1 to 7, which was described by Lord Mayhew of Twysden as "uncertain in its effects and would leave the position of most hereditary Peers uncertain if the Bill was enacted." A second issue was related to the
Acts of Union 1707 The Acts of Union ( gd, Achd an Aonaidh) were two Act of Parliament, Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put ...
uniting
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...
and
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
into the
Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, w ...
. After lengthy debates, both matters were referred to the
House of Lords Committee on Privileges The Committee for Privileges and Conduct was a select committee of the House of Lords in the Parliament of the United Kingdom which considered issues relating to the privileges of the House of Lords and its members, as well as having oversight for ...
. Under the
Acts of Union 1707 The Acts of Union ( gd, Achd an Aonaidh) were two Act of Parliament, Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put ...
, Scottish Lords would be entitled to elect 16 representative peers to sit on their Lordships' behalf in the House of Lords. In 1963, the Peerage Act was passed, allowing all Scottish peers to sit in the House, not just 16 of them. It was felt that removing all Scottish representation would breach the Articles. The Government, however, responded that the Articles did envisage a change in the election of representative peers. It was argued that some portions of the Treaty were entrenched, while others were not. For instance, Scotland and England were united "forever," the Scottish
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh a ...
was to "remain in all time coming within Scotland as it is now constituted," and the establishment of the
Church of Scotland The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Scottish Reformation, Reformation of 1560, when it split from t ...
was "effectually and unalterably secured." However, it was suggested, the election of Scottish representative peers was not entrenched, and therefore could be amended. Furthermore, the Government argued that Parliament was entirely sovereign and supreme, and could at its will change the Articles of Union. For example, the
Treaty of Union The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
joining Great Britain and Ireland required that the two nations be united "forever". Nonetheless, in 1922, by an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislat ...
, most of Ireland was made independent as the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independ ...
. Thus, even entrenched clauses were argued to be open to amendment by the authority of Parliament. The Committee agreed and reported to the House on 20 October 1999 that the Bill was indeed lawful in this regard. After the Committee's first and second reports were considered, the Lords passed the bill 221 to 81 on 26 October 1999. During the session, the
Earl of Burford Earl () is a rank of the nobility in the United Kingdom. The title originates in the Old English word ''eorl'', meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl'', and meant "chieftain", particular ...
, son of the Duke of St Albans, launched a protest at the constitutional implications of the bill from the Woolsack, and was ejected from the chamber. Once the Lords settled the differences between their version of the bill and the Commons version, the Bill received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 11 November 1999 and became an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislat ...
. The Act came into force the same day.


Membership of the House of Lords

The House of Lords Act 1999 first provides that "No-one shall be a member of the House of Lords by virtue of a hereditary peerage." (The Act treats the
Principality of Wales The Principality of Wales ( cy, Tywysogaeth Cymru) was originally the territory of the native Welsh princes of the House of Aberffraw from 1216 to 1283, encompassing two-thirds of modern Wales during its height of 1267–1277. Following the co ...
and the Earldom of Chester as hereditary peerages, though those titles, granted normally to the
heir apparent An heir apparent, often shortened to heir, is a person who is first in an order of succession and cannot be displaced from inheriting by the birth of another person; a person who is first in the order of succession but can be displaced by the b ...
, are not technically hereditary.) The Act then provides that 92 peers, including the
Earl Marshal Earl marshal (alternatively marschal or marischal) is a hereditary royal officeholder and chivalric title under the sovereign of the United Kingdom used in England (then, following the Act of Union 1800, in the United Kingdom). He is the eigh ...
, the Lord Great Chamberlain and 90 other peers elected in accordance with the Standing Orders of the House, would be excepted from the exclusion of hereditary peers, and that after the first session of the next Parliament, whenever one of those seats fell vacant, the Lords would have to proceed to a
by-election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election ( Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election use ...
. The Act also provided that a hereditary peer would be entitled to vote in elections for, and sit in, the House of Commons, unless he or she was a member of the House of Lords. Previously, hereditary peers had been constitutionally disqualified from being electors to, or members of, the House of Commons. The first hereditary peer to gain a seat in the Commons under this provision was John Thurso. The Act prevents even hereditary peers who are the first to hold their titles from sitting automatically in the House of Lords. But the Government gave
life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...
ages (the titles of which are indicated in parentheses) to all three living non-royal hereditary peers of first creation, (Low, Erroll and Pakenham were the only living non-royal hereditary peers of first creation as of November 1999, see the lists of hereditary peerages) and also offered life peerages to the royal peers (of whom only the Earl of Snowdon accepted): Additionally, life peerages were created for all former living Leaders of the House of Lords who were Hereditary Peers ( Quintin Hogg already held a life peerage since 1970):
William Whitelaw, 1st Viscount Whitelaw William Stephen Ian Whitelaw, 1st Viscount Whitelaw, (28 June 1918 – 1 July 1999) was a British Conservative Party politician who served in a wide number of Cabinet positions, most notably as Home Secretary from 1979 to 1983 and as ''de fa ...
died on 1 July 1999; had he lived he would have been eligible as a former Leader of the House of Lords 1983–1988 and as a first holder of his hereditary peerage. The following Hereditary Peers who had been created Life Peers remained in the House after the Act was passed, they were: Life peerages were also offered to members of the royal family with new hereditary peerages, but were declined, as this would have meant they would continue to hold seats in the reformed House of Lords:
Prince Philip, Duke of Edinburgh Prince Philip, Duke of Edinburgh (born Prince Philip of Greece and Denmark, later Philip Mountbatten; 10 June 1921 – 9 April 2021) was the husband of Queen Elizabeth II. As such, he served as the consort of the British monarch from El ...
; Prince Charles, Duke of Cornwall and Rothesay; Prince Andrew, Duke of York; and Prince Edward, Earl of Wessex. The
Duke of Gloucester Duke of Gloucester () is a British royal title (after Gloucester), often conferred on one of the sons of the reigning monarch. The first four creations were in the Peerage of England and the last in the Peerage of the United Kingdom; the curre ...
and Duke of Kent had both inherited their peerages from their fathers, the first dukes, and were not treated differently from other hereditary peers.


First election to the House of Lords

Before the granting of Royal Assent, the Lords had adopted a Standing Order making provision for the election of those hereditary peers who would remain members of the House under section 2 of the Act. The Order provided that there be elected: * two peers by the Labour hereditary peers * three peers by the Liberal Democrat hereditary peers * 28 peers by the
Crossbench A crossbencher is an independent or minor party member of some legislatures, such as the British House of Lords and the Parliament of Australia. They take their name from the crossbenches, between and perpendicular to the government and oppos ...
hereditary peers * 42 peers by the Conservative hereditary peers * 15 peers, ready to serve as Deputy Speakers and in other offices, by the whole House of Lords The elections for officers of the House were held on 27 and 28 October 1999, while those for peers elected by party were held on 3 and 4 November; the results were proclaimed to the House on 29 October and 5 November. Voters were required to rank in order of preference, on a ballot prepared by the Clerk of the Parliaments, as many candidates as there were places to be filled. The candidates receiving the greatest number of votes (without regard to the ranking on the ballots, so in effect
block voting Block voting or bloc voting refers to electoral systems in which multiple candidates are elected at once and a group (voting bloc) of voters can force the system to elect only their preferred candidates. Block voting may be used at large (in a si ...
) were declared elected. Only if there were ties would the ranking be examined. Thereafter, until November 2002, if a vacancy occurred, the next-highest placed unsuccessful candidate in the original election (the rankings being examined, again, only in the case of ties) would fill the seat. This procedure was used on two occasions, in October 2000 and September 2001.


Subsequent by-elections

Since November 2002, by-elections have been held to fill vacancies. Two by-elections were held in 2003, one in 2004, four in 2005, one in each of 2007, 2008 and 2009, two in 2010, four in 2011, two in 2013, four in 2014, six in 2015, two in 2016, two in 2017, three in 2018 and two in 2019. Voting is by preferential voting, with peers ranking the candidates in order of preference. As many or as few preferences as desired may be indicated. To win the election, a peer must receive at least one half of the available votes. If no candidate receives this number of first preference votes, the candidate with the fewest first preference votes is eliminated, with each of their votes being redistributed according to the second preference marked on the ballot (see
Instant-runoff voting Instant-runoff voting (IRV) is a type of ranked preferential voting method. It uses a majority voting rule in single-winner elections where there are more than two candidates. It is commonly referred to as ranked-choice voting (RCV) in the U ...
). The process is continued until one candidate receives at least one half of the remaining votes.


Post-1999 reform proposals


Labour proposals to remove remaining hereditary peers (until 2009)

The Labour Government expected eventually to present a bill for a second stage of House of Lords reform, thus removing the remaining 92 hereditary peers; the history of such attempts between 1997 and 2009 is set out in a report in ''
The Guardian ''The Guardian'' is a British daily newspaper A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide ...
''. Proposals called ''The House of Lords: Reform'' were published by order of the House on 1 January 2007, with a foreword by
Jack Straw John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
. In 2009, Labour introduced the
Constitutional Reform and Governance Bill The Constitutional Reform and Governance Act 2010 (c. 25), or CRAG Act, is an Act of the Parliament of the United Kingdom on UK constitutional law which affected the civil service and the ratification of treaties, and made other significant cha ...
, which would have ended the by-elections to fill vacancies for hereditary peers, thereby removing them through attrition. However, in order to ensure the passage of the bill through Parliament before the 2010 general election, this clause was dropped from the bill entirely, along with other clauses relating to the exclusion and suspension of peers from the House of Lords.


2012 coalition bill electing all Lords and halving their number

The coalition government of
David Cameron David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
(Conservatives) and
Nick Clegg Sir Nicholas William Peter Clegg (born 7 January 1967) is a British media executive and former Deputy Prime Minister of the United Kingdom who has been president for global affairs at Meta Platforms since 2022, having previously been vicepre ...
(Liberal Democrats), inaugurated in 2010, had plans to reform the House of Lords by making it mostly elected and slashing its size.bbc.com: "Q&A: House of Lords reform"
6 August 2012
Deputy Prime Minister and Liberal Democrat leader Nick Clegg spearheaded the push to bring in the changes. The government wanted four-fifths of members of a reformed House of Lords to be elected. They would have served 15-year terms of office, after which they could not run for re-election. The number of peers was to be almost halved, from 826 to 450. The chamber would have kept the title of House of Lords, after names like Senate and Reformed House were rejected. Peers were each to represent a specific region of the United Kingdom, as constituted for the election of Members of the European Parliament. One-third of seats would have been filled by elections held every five years. Of the remaining 90 members, 12—rather than the current 26—would have been Church of England bishops. The remainder were to continue to be appointed, and all hereditary peers were to be removed. The government had scheduled passage of its bill for the spring of 2013, and the elections were to have taken place in 2015, but the effort stalled when in July 2012, 91 Conservatives in the Commons rebelled against the government in a vote on how to timetable the
House of Lords Reform Bill The House of Lords Reform Bill 2012 was a proposed Act of Parliament of the United Kingdom introduced to the House of Commons in June 2012 by Nick Clegg. Among other reforms, the bill would have made the House of Lords a mostly elected bod ...
.bbc.com: "Lords reform: How the Commons war will be fought"
10 July 2012
In August 2012, the coalition's plans were dropped.


2014 and 2015 reform acts

The House of Lords Reform Act 2014 allowed peers to retire or resign, to be excluded for serious criminal offences, or to be removed for non-attendance during a whole session. The
Lords Spiritual (Women) Act 2015 The Lords Spiritual (Women) Act 2015 is an Act of Parliament of the United Kingdom. It stipulates that whenever a vacancy arises among the Lords Spiritual during the next ten years after the Act comes into force, the position has to be filled by ...
allowed female bishops to be appointed Lord Spiritual, which first happened on 7 September 2015. The House of Lords (Expulsion and Suspension) Act 2015 authorised the House of Lords to expel or suspend a member for serious misconduct; expelled members are permanently barred from returning to the House.


2016 bill to phase out hereditary peers

A bill proposed by Labour peer Lord Grocott to abolish by-elections (and therefore phase out hereditary peers) was
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
ed in 2016 by Conservative hereditary peer
Lord Trefgarne David Garro Trefgarne, 2nd Baron Trefgarne, (born 31 March 1941), is a British Conservative politician. Biography The son of George Trefgarne, 1st Baron Trefgarne, Trefgarne succeeded his father as 2nd Baron Trefgarne in 1960 at the age of 19 ...
.


Further reading


Digital reproduction of the Original Act on the Parliamentary Archives catalogue


See also

* Reform of the House of Lords * Roll of the Peerage *
List of hereditary peers elected under the House of Lords Act 1999 This is a list of hereditary peers elected to serve in the House of Lords under the provisions of the House of Lords Act 1999 and the Standing Orders of the House of Lords. The Act excluded all hereditary peers who were not also life peers except ...
* List of hereditary peers removed under the House of Lords Act 1999


References


External links


Home Office document from the Constitutional Unit
Annex B lists the hereditary peers who lost their seats. {{Good article United Kingdom Acts of Parliament 1999 Constitutional laws of the United Kingdom Acts of the Parliament of the United Kingdom concerning the House of Lords Political history of the United Kingdom November 1999 events in the United Kingdom