According to reports, the House of Lords (Hereditary Peers) Bill was passed this week, setting the stage for the removal of hereditary peers whose inherited right to sit in the House of Lords is set to be stripped from them. Sources say the 92 remaining hereditary seats will be scrapped when the current session of Parliament ends, which is expected to be in May. This reportedly completes reforms begun by Tony Blair's government in 1999, when more than 650 hereditary peers were removed from the Lords. Just 92 were allowed to stay at that time, but now those final 92—including Dukes, Viscounts and Earls—have been expelled, with the bill coming into effect at the end of this parliamentary session. The exact date in May when the current parliamentary session ends and the bill comes into effect has not been specified.
Lords Leader Baroness Smith said the 'historic legislation' realised Labour's manifesto pledge to remove the right of all hereditary peers to sit and vote in the upper house. 'This has never been about the contribution of individuals but the underlying principle that was agreed by Parliament over 25 years ago that no one should sit in our Parliament by way of an inherited title,' she stated. Baroness Smith added, 'Over a quarter of a century later, hereditary peers remain, whilst meaningful reform has stagnated. We have a duty to find a way forward.'
I don't think we should be using the hereditary privilege we have in the Lords to haggle or negotiate for life peerages. I don't think it's appropriate.
Reports indicate a compromise deal was struck that gives a select few a chance to board what one outgoing peer called the 'hereditary lifeboat'. Sources say the Conservatives have been offered the opportunity to retain 15 of their hereditary members by converting them into life peers, allowing them to continue passing laws until they choose to retire. Labour has reportedly made the offer in return for the Conservatives agreeing to retire some of their existing life peers. How many existing life peers will the Conservatives retire as part of the agreement with Labour is not yet known. Some cross-bench hereditary peers—who are not affiliated with political parties—are expected to be saved too, though how many cross-bench hereditary peers are expected to be saved, and how they will be selected, remains unclear.
Sources indicate the prime minister has the ultimate say over who gets a seat in the Lords. The Tory leadership in the Lords will reportedly make recommendations to party leader Kemi Badenoch, who will have the final call. What process will be used to decide which hereditary members are put forward for nominations to remain as life peers has not been detailed. Lord True, the Tory leader in the Lords, warned it was a 'sad day to see so many dedicated parliamentarians being forced out'. 'My view is, and always has been, that the expulsion of sitting members from a sitting Parliament, who have done nothing wrong, is unreasonable and will provide a dangerous precedent for the future,' he said. However, Lord True also noted, 'Nevertheless, I am glad that an agreement has been reached that will allow some hard-working members of our front bench, members of committees and other experienced legislators to continue their valued and important work in this House on the same terms as everyone else.'
I'm quite conscious that if people think the hereditary principle is wrong and that's the decision of the country, then we shouldn't be using that to retain seats in the Lords for ourselves.
Reports suggest Charles Courtenay, the Earl of Devon, will certainly not be among those retained as life peers. Lord Courtenay entered the upper chamber in 2018 after inheriting his late father's title, which was first given to a distant ancestor in 1142, almost 900 years ago. He and other outgoing hereditaries will still get to keep their titles. The Earl of Devon delivered a farewell as he was forced out, complaining that he had received less notice than required under employment law. 'I think this House, Parliament, and the public more widely will miss us. I will miss this place and would of course love to return, but only on merit and not by dint of my hereditary privilege,' he said. Courtenay also remarked, 'I don't think we should be using the hereditary privilege we have in the Lords to haggle or negotiate for life peerages. I don't think it's appropriate.' He added, 'I'm quite conscious that if people think the hereditary principle is wrong and that's the decision of the country, then we shouldn't be using that to retain seats in the Lords for ourselves.' Reflecting on the change, he stated, 'The one thing you look at from the family history is we've been through a lot. There's nothing to be gained by fighting progress. We just have to crack on and move along.'
Lord Bethell, a Conservative health minister during the Covid-19 pandemic, has also announced his intention to leave the upper house. 'I will not seek a place in the 'Hereditary Lifeboat', and instead am looking forward, with enthusiasm and energy, to leaving the life of a parliamentarian in a couple of weeks to pursue new adventures,' he said. Reports indicate the move marks a significant shift in the composition of the House of Lords, with centuries of British history coming to an end after the bill was passed to kick the last hereditary peers out.