Who are the last hereditary peers? 

The Labour government has pledged to remove the remaining hereditary peers from the House of Lords. With a bill to do so now in the Commons, Lisa James looks at the profiles of the sitting hereditary peers and asks how their removal might impact the second chamber. 

The remaining hereditary peers will soon be removed from the House of Lords. The reform featured in the Labour manifesto and the new government’s first King’s speech; a short bill has recently been introduced into the House of Commons and will be debated later in the autumn. It will see the remaining hereditary peers removed at the end of the current session of parliament. 

The reasons to remove the remaining hereditary peers include important normative ones, resting on the inappropriateness of hereditary status as a qualification to sit in parliament in a modern democracy. This normative argument is widely (if not universally) considered settled. Alongside principle sit political motives; the majority of hereditaries are Conservative (and only four are Labour). And in practical terms, their removal will reduce the size of the House, which is widely considered too large. This post focuses on the effects of the proposed change, asking how the removal of the hereditaries will affect the composition of the second chamber. 

Background 

The removal of the remaining hereditaries constitutes unfinished business from 25 years ago. For centuries the House of Lords was – excepting the bishops, and latterly the Law Lords – a hereditary body, with new peerages as a matter of course being created as hereditary titles. This changed in 1958, with the passage of the Life Peerages Act. Further fundamental reform followed in 1999, when Tony Blair’s Labour government removed the majority of hereditary peers from the chamber. The bill originally sought to remove all the hereditary peers, but this proved contentious in the Lords itself, and a compromise was brokered to allow it to pass. Thus 92 hereditary seats were retained (and a small number of other hereditary members were given life peerages). It is these final 92 seats which are now set to be abolished. 

The remaining hereditaries are, counterintuitively, the only elected members of the House of Lords. Three different systems operate, according to the compromise reached in 1999. Two seats are reserved for the holders of roles linked to the royal family; 15 are chosen in elections by the whole of the House of Lords; and the remaining 75 are elected by the sitting hereditaries within the relevant party group. Among the latter by-elections, there have famously sometimes been more candidates than voters. 

By-elections were paused via an amendment to the Standing Orders soon after this year’s King’s speech, in anticipation of the bill to remove the hereditaries, which was introduced to the Commons on 5 September. With a handful of seats currently vacant, there are now 88 hereditary peers sitting in the House of Lords. 

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The Grocott Bill and the future of hereditary peers in the House of Lords

Today the House of Lords will announce the election of a new hereditary peer. Lord (Bruce) Grocott has once again put a bill before parliament to abolish the by-elections by which departing hereditary peers are replaced, following the removal of their automatic right to a seat in parliament in 1999. As David Beamish explains, the bill is unlikely to succeed despite having a great deal of support both inside and outside of the Lords. 

Following the Labour government’s reform of the House of Lords in 1999, 90 elected hereditary peers (as well as two office-holders, the Earl Marshal and Lord Great Chamberlain) remained part of the House of Lords, with – pending the promised second stage of reform – a system of by-elections to replace any who subsequently departed. The second stage did not happen and the by-elections remain as one of the strangest quirks of the UK constitution. In a 2018 blog post on the ongoing frustrations of those who sought reform to this system, I was rash enough to conclude that ‘there may nevertheless be some prospect of real progress in relation to both the size of the House of Lords and the ending of the hereditary peer by-elections’. The past three years appear to have proved me wrong.

House of Lords Standing Order 9(5) requires a by-election to be held within three months of a vacancy occurring among the hereditary peers (due to a death or retirement). This was suspended after the start of the pandemic in March 2020, alongside the postponement of local authority elections, initially until September, and then to the end of that year. Following a report from the Procedure and Privileges Committee, there was then another extension of the moratorium. A further report from that committee proposed yet another ‘short further suspension, until after Easter 2021, at which point the position should be reviewed again’. Finally, following another report from the committee, by-elections restarted, with a backlog of six vacancies to be filled.

There are five different electorates for by-elections: 15 of the 90 were elected by the whole House, and all members can vote in by-elections to replace them. The other 75 were elected by hereditary peers in their respective groups: 42 Conservatives, 28 Crossbenchers, three Liberal Democrats, and two Labour. The remaining hereditary peers in those groups can vote in by-elections to replace departed colleagues. Only four separate elections were needed when the moratorium on by-elections ended, as three of the vacancies were among the Conservative peers, and all three were filled together. For the first time, the arrangements were for the ballots to be conducted ‘using electronic means’, with the option of a postal vote for members ‘who have accessibility needs which mean they cannot use the online voting system or who do not have a parliamentary email address’. The four by-elections took place in June and July 2021.

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