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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No end to hereditary peer by-elections in the House of Lords?

downloadThe House of Lords is not entirely unelected; July saw two new peers appointed following elections involving a very small, select group of electors. In this post, former Clerk of the Parliaments David Beamish discusses the process by which hereditary peers can be elected to the Lords, how the system came to exist, and the continuing efforts to remove the remaining hereditaries altogether. 

It was announced on 18 July that Lord Bethell had been elected to fill a vacancy among the 90 elected hereditary peers in the House of Lords – the 34th such vacancy to be filled by means of a by-election. The vacancy arose from the retirement of the Conservative peer Lord Glentoran (the House’s only Winter Olympic gold medallist) on 1 June. These by-elections are conducted using the alternative vote system and, despite there being 11 candidates, Lord Bethell did not need any transfers of votes, receiving 26 of the 43 first-preference votes cast by Conservative hereditary peers.

This was the second by-election this month: on 4 July the Earl of Devon was elected to fill a Crossbench place vacated by the retirement of Earl Baldwin of Bewdley, grandson of Stanley Baldwin and a tireless campaigner against water fluoridation. The Earl of Devon received 7 of the 26 first-preference votes of Crossbench hereditary peers and it took five transfers of votes for him to be elected.

Viscount Mountgarret was a candidate in both by-elections, receiving no votes in either. His optimism when deciding to stand the second time might have been fuelled by the success of the Earl of Oxford and Asquith, who was elected by the whole House in 2014 and sits as a Liberal Democrat, having previously been an unsuccessful candidate in a Crossbench by-election in 2011 and in Conservative by-elections in 2011 and 2013.

At least one more by-election is in prospect: Lord Northbourne, a Crossbench hereditary peer, has given notice that he will retire on 4 September.

Where do by-elections come from? The House of Lords Act 1999

The present arrangements whereby 92 hereditary peers sit in the House of Lords derive from the House of Lords Act 1999, which removed most of the 750 hereditary peers but provided, under the so-called ‘Weatherill amendment’, for two office-holders (the Earl Marshal and the Lord Great Chamberlain) and 90 elected hereditary peers to continue as members. The 90 comprised 15 peers willing to serve as deputy speakers or committee chairs, elected by the whole House, and 75 peers representing 10 per cent of the hereditary peers in each party or group: 42 Conservatives, 28 Crossbenchers, 3 Liberal Democrats and 2 Labour peers; they were elected by the hereditary peers in their respective groups. Continue reading