House of Lords Reform Bill 2012: Difference between revisions

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{{Short description|Proposed Act of Parliament of the United Kingdom}}
{{Use British English|date=June 2013}}
{{Use dmy dates|date=JuneFebruary 20132023}}
{{Infobox legislation
|short_title = House of Lords Reform Bill 2012-13
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{{Politics of the United Kingdom}}
 
The '''House of Lords Reform Bill 2012''' was a proposed [[Act of Parliament]] of the United Kingdom introduced to the [[House of Commons of the United Kingdom|House of Commons]] in June 2012 by [[Nick Clegg]]. Among other reforms, the bill would have made the [[House of Lords]] a mostly elected body.<ref>{{cite web |url=http://services.parliament.uk/bills/2012-13/houseoflordsreform/documents.html |title=Bill documents – House of Lords Reform Bill 2012–13 |publisher=House of Commons Information Office |accessdate=27 June 2012}}</ref> It was abandoned by the [[British Government]] in August 2012 and formally withdrawn on 3 September 2012,<ref>[https://publications.parliament.uk/pa/cm201213/cmhansrd/cm120903/debtext/120903-0001.htm#1209038000001 Hansard – House of Commons 3 September 2012] Parliament.uk</ref> following opposition from within the [[Conservative Party (UK)|Conservative Party]].
 
==Background==
In the [[2010 United Kingdom general election|2010 general election]], the Conservatives and the [[Liberal Democrats (UK)|Liberal Democrats]] mentioned an elected upper chamber in their manifestos. The Conservative Party manifesto stated:
{{quoteblockquote|text=We will work to build a consensus for a {{sic|?|hide=y|mainly|-}}elected second chamber to replace the current House of Lords, recognising that an efficient and effective second chamber should play an important role in our democracy and requires both legitimacy and public confidence.<ref name="conmanifesto">{{cite web | url=http://www.conservatives.com/~/media/Files/Activist%20Centre/Press%20and%20Policy/Manifestos/Manifesto2010 | title=Invitation to Join the Government of Britain | publisher=Conservative Party | date=13 April 2010 | accessdate=11 August 2012 | page=67}}</ref>}}
 
The Liberal Democrat manifesto said the party would:
{{quoteblockquote|text=Replace the House of Lords with a {{sic|?|hide=y|fully|-}}elected second chamber with considerably fewer members than the current House.<ref name="ldmanifesto">{{cite web | url=http://network.libdems.org.uk/manifesto2010/libdem_manifesto_2010.pdf | title=Liberal Democrat Manifesto 2010 | publisher=Liberal Democrats | date=14 April 2010 | accessdate=11 August 2012 | page=88 | url-status=dead | archiveurl=https://web.archive.org/web/20111219211028/http://network.libdems.org.uk/manifesto2010/libdem_manifesto_2010.pdf | archivedate=19 December 2011 | df=dmy-all }}</ref>}}
 
When the two parties formed the [[Cameron–Clegg coalition|Coalition Government]], their [[Conservative – LiberalConservative–Liberal Democrat coalition agreement|Agreement]] stated:
{{quoteblockquote|text=We will establish a committee to bring forward proposals for a wholly or mainly elected upper chamber on the basis of proportional representation. The committee will come forward with a draft motion by December 2010. It is likely that this will advocate single long terms of office. It is also likely that there will be a [[Grandfather clause|grandfathering]] system]] for current Peers.<ref name="agreement">{{cite web | url=http://www.cabinetoffice.gov.uk/sites/default/files/resources/coalition_programme_for_government.pdf | title=Coalition Programme for Government | publisher=[[Cabinet Office]] | date=20 May 2010 | accessdate=11 August 2012 | page=27}}</ref>}}
 
The Government published a draft bill for House of Lords reform on 17 May 2011.<ref>{{cite web | url=http://www.cabinetoffice.gov.uk/sites/default/files/resources/house-of-lords-reform-draft-bill.pdf | title=House of Lords Reform Draft Bill | publisher=Cabinet Office | date=17 May 2011 | accessdate=11 August 2012}}</ref>
 
A [[Joint committee (legislative)|Joint Committee]] was established on 23 June 2011 to examine the draft bill. It consisted of twenty-six members: thirteen peers and thirteen MPs.<ref>{{cite web | url=http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-house-of-lords-reform-bill/membership/ | title=Joint Committee on the Draft House of Lords Reform Bill – membership | publisher=UK Parliament | date=6 July 2011 | accessdate=11 August 2012 | url-status=dead | archiveurl=https://web.archive.org/web/20120528101556/http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-house-of-lords-reform-bill/membership/ | archivedate=28 May 2012 | df=dmy-all }}</ref> It reported on 23 April 2012.<ref>{{cite web | url=http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-house-of-lords-reform-bill/news/publication-of-report/ | title=Report of the Joint Committee on the Draft House of Lords Reform Bill | publisher=UK Parliament | date=23 April 2012 | accessdate=11 August 2012 | url-status=dead | archiveurl=https://web.archive.org/web/20120426063730/http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-house-of-lords-reform-bill/news/publication-of-report/ | archivedate=26 April 2012 | df=dmy-all }}</ref> Twelve members of the Committeecommittee, however, also signed an Alternative Report.<ref>{{cite web | url=http://www.houseoflordsreform.com/wordpress/wp-content/uploads/2012/04/FinalPrint19042012-3.pdf | archive-url=https://web.archive.org/web/20120724124339/http://www.houseoflordsreform.com/wordpress/wp-content/uploads/2012/04/FinalPrint19042012-3.pdf | url-status=dead | archive-date=24 July 2012 | title=House of Lords Reform: An Alternative Way Forward | publisher=House of Lords Reform | date=23 April 2012 | accessdate=11 August 2012 }}</ref>
 
The final bill was published on 27 June 2012.<ref>{{cite web | url=http://services.parliament.uk/bills/2012-13/houseoflordsreform.html | title=House of Lords Reform Bill 2012–13 | publisher=UK Parliament | accessdate=11 August 2012}}</ref>
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===Membership of the House of Lords===
Part I of the bill provided for the composition of the reformed [[House of Lords]]. The House would have to be composed of elected members, appointed members, bishops (Lords Spiritual), andas well as up to eight additional "ministerial members" appointed to serve as [[Ministers of the Crown]]. The provisions would have been phased in over 10 years. AfterFollowing the [[2015 United Kingdom general election|2015 election]], but before the next election (then anticipated to be held in 2020), the membership would have been as follows:
*120 elected members
*30 appointed members
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*up to eight ministerial members
*a number of transitional members equal to two-thirds the membership of the House on 27 June 2012.
Following the hypothetical 2020 election, the number of elected and appointed members would have increased to 240 and 60, respectively; the number of bishops would have fallen to 16; and the number of transitional members would be reduced to half (relative to before the election). At the hypothetical 2025 election, the House would have comprised 360 elected members, 90 appointed members, up to 12 bishops, and up to eight additional "ministerial members" appointed to serve as [[Ministers of the Crown]]; the last of the transitional members would have left the chamber.
 
====Elected members====
Each elected member would have served for three "electoral periods", which effectively would have been the same as a single 15-year term. Elections to the reformed House would have been called for the same day as the [[2015 United Kingdom general election|next United Kingdom general election]] unless that election had been earlier than 7 May 2015, in which case they would coincide with the first election after 7 May 2015. UnlessSubsequent theyelections werefor called[[Staggered early,elections|one-third]] (120) of the elected House of CommonsLords electionsseats would take place at the same time as [[StaggeredHouse of Commons elections|elections, forwith one-third]]the (120)exception of theearly electedHouse of Commons elections called within two years after a House of Lords seatselection.
 
The voting system was set out in Part 2 and Schedule 3 of the bill. It provided for a [[Open list#More open list|semi-open list]] system, allowing voters to choose a party or an individual, in Scotland, Wales, and England (which would have been divided into regions as iswas done in [[European Parliament]] elections). Northern Ireland would have used the [[Single Transferabletransferable Votevote]].
 
In the case of a [[casual vacancy]], an interim replacement would have generally filled the seat until the next House of Lords election. In Northern Ireland, members who were in a party (at the time of their election) would have their replacement chosen by the party, while [[Independent politician|independents]] simply would have had their seat remain vacant. In the rest of the UK, the next person available to be selected on the party list would have become the interim replacement. If there was no one left on the list or the person did not belong to a registered party, the next person who would have been elected and still wants to join the House of Lords would have been the replacement member.
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====Transitional members====
Part 6 of the bill provided for some members of the pre-reform House of Lords to remain during the first two electoral periods, i.e., until 2019/25. The number of transitional members was computed with reference to the number of peers entitled to a [[Hereditary peer#Writs of summons|writ of summons]] at the beginning of 27 June 2012 (i.e. the members of the House of Lords excluding the Lords Spiritual). For the first electoral period (2015–17/20), the number of transitional members would have been equal to two-thirds of that total. The number for the second period would be one-third of the total. According to the House of Lords website, there were 790 peers with the right to a writ of summons,<ref>660 active [[life peer]]s, 89 active [[List of excepted hereditary peers elected under the House of Lords Act 1999|hereditary peers]], 28 peers on leave of absence, 12 disqualified as judges, and 1 disqualified as an MEP. {{cite web|url=http://www.parliament.uk/mps-lords-and-offices/lords/lords-by-type-and-party/ |title=Lords by party and type of peerage |accessdate=27 June 2012 |archivedate=25 June 2012 |archiveurl=https://web.archive.org/web/20120625101942/http://www.parliament.uk/mps-lords-and-offices/lords/lords-by-type-and-party/ |url-status=dead |df=dmy-all }}</ref> making the transitional membership 527 for the first period and 263 for the second.
 
===Other provisions===
The bill contained various other elements:
*In section 2, the bill explicitly provided that the [[Parliament Acts 1911 and 1949]] would continue to apply following reform.
*The [[Parliamentary Standards Act 2009]] would have been amended to bring the House of Lords under the authority of the [[Independent Parliamentary Standards Authority]], and renamed the [[Speaker's Committee for the Independent Parliamentary Standards Authority|Speaker's Committee for IPSA]] as the ''Speakers''' Committee for IPSA and made it a joint committee.
*The bill also provided for the expulsion and suspension of members of the House of Lords.
*Provision was made for the disclaiming of life peerages.
 
==Progress through Parliament==
The bill was introduced (given its [[Reading (legislature)|first reading]]) on 27 June 2012.<ref>[https://publications.parliament.uk/pa/cm201213/cmhansrd/cm120627/debtext/120627-0001.htm#12062759000008 Hansard 27 June 2012] Parliament.uk</ref> The Opposition [[Labour Party (UK)|Labour Party]] supported the bill at second reading debate whilst opposing the time allocation motion (known as the "programme motion" immediately thereafter).<ref>[https://www.theguardian.com/politics/2012/jul/10/lords-reform-labour-lib-dems Labour reform: Labour to reject any Lib Dem deals]. ''The Guardian'', 10 July 2012</ref> The Labour Party stated that they would only support the bill if it consisted of: a 100% elected upper chamber, the removal of the Lords Spiritual, clarification about the relationship between the Houses of Parliament, and for the bill to be subject to a referendum.<ref>{{Cite web|title = Labour plans to side with Tory rebels to disrupt coalition's Lords reform bill|url = https://www.theguardian.com/politics/2012/may/09/labour-lords-reform-bill-timetable|website = The Guardian|accessdate = 2015-10-21|first1 = Patrick|last1 = Wintour|first2 = Juliette|last2 = Jowit|date = 9 May 2012}}</ref> [[David Cameron]] was reported to support a referendum, but [[Nick Clegg]] rejected a referendum as unnecessary, arguing that House of Lords reform had been included in all three parties' manifestos.<ref>{{Cite news|url=https://www.theguardian.com/politics/2012/jun/23/coalition-referendum-house-lords-reform|title=Coalition decides against referendum on House of Lords reform|last1=Batty|first1=David|date=2012-06-23|last2=Watt|first2=Nicholas|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-08-08}}</ref> Labour leader [[Ed Miliband]] countered: "I am sure for some people House of Lords reform was uppermost in their mind at the time of the election, but I don't think that applies to the majority. I don't think it was the decisive issue at the general election and therefore I think it is quite hard to argue against a referendum."<ref>{{Cite news|url=https://www.theguardian.com/politics/2012/apr/20/ed-miliband-referendum-lords-reform|title=Ed Miliband backs referendum on Lords reform|last=Wintour|first=Patrick|date=2012-04-20|newspaper=The Guardian|language=en-GB|issn=0261-3077|access-date=2016-08-08}}</ref>
 
On 9 July 2012 Clegg put forward the bill to a vote on the programme motion and the Second Reading. Clegg stated that the government's position was that the [[Parliament Act 1911]] would be invoked if the Bill was rejected by the [[House of Lords]]. The legality of this, however, was a matter of debate.<ref>[https://academic.oup.com/slr/article-abstract/24/3/237/1606303?redirectedFrom=PDF Is the Parliament Act 1949 valid?]</ref>
 
Before the bill was debated, Conservative MP [[Jacob Rees-Mogg]] raised a [[Pointpoint of Orderorder]], asking the Speaker to rule on whether the bill should be classified as a [[hybrid bill]] because it affected the private interests of the Bishops of the [[Church of England]]. Had the [[Speaker of the House of Commons (United Kingdom)|Speaker]] ruled that the bill was hybrid, it would have been subject to a different, more lengthy procedure. However, the Speaker ruled that it was not. The BBC claims this was an early attempt to derail the bill's passage through Parliament.<ref>{{cite web | url=https://publications.parliament.uk/pa/cm201213/cmhansrd/cm120709/debtext/120709-0001.htm#1207099000752 | title=House of Commons Hansard Debates for 09 July 2012 (pt 0001) | accessdate=13 July 2012}}</ref><ref>{{cite news | url=https://www.bbc.co.uk/news/uk-politics-18782379 | title=Lords reform: How the Commons war will be fought | workpublisher=BBC News | date=10 July 2012 | accessdate=13 July 2012}}</ref>
 
Labour called for more scrutiny of the bill and said it would vote against the programme motion, along with several Conservative MPs. On 10 July 2012, it became clear that the Government was going to lose the vote on the programme motion and it was withdrawn. At the vote that evening on whether to give the bill a second reading, 91 Conservative MPs voted against the three line whip,<ref>[https://www.independent.co.uk/news/uk/politics/coalition-shaken-as-cameron-ducks-out-of-vote-on-lords-7932344.html Coalition shaken as Cameron ducks out of vote on Lords] The Independent</ref> while 19 more abstained.<ref>{{cite news |last=Barrett |first=Matthew |date=11 July 2012 |title=80 Tory backbenchers voted for Lords reform last night. 110 did not. |work=ConservativeHome |url=http://conservativehome.blogs.com/parliament/2012/07/80-tory-backbenchers-voted-for-lords-reform-last-night-110-did-not-.html |url-status=dead title|accessdate=803 TorySeptember backbenchers2012 |archive-url=https://web.archive.org/web/20120714024846/http://conservativehome.blogs.com/parliament/2012/07/80-tory-backbenchers-voted -for Lords -lords-reform -last -night. -110 -did -not-.html | work=ConservativeHome | archive-date=1114 July 2012 | accessdate=3 September 2012}}</ref> Though the bill was supported by the Labour Party in principle, the party opposed the programme motion as did the Conservative rebels. Two Conservative members of the Government resigned to vote with the rebels. The unofficial leader of the Conservative rebellion over House of Lords reform, [[Jesse Norman]], was furiously shouted at by the Prime Minister David Cameron, in the Member's Lobby in the House of Commons.<ref>{{cite news |url=https://www.theguardian.com/politics/2012/jul/11/cameron-clashes-with-lords-reform-revolt-leader?newsfeed=true |title=Cameron in angry confrontation with leader of Tory revolt on Lords reform |work=The Guardian | location=London |first=Nicholas |last=Watt |date=11 July 2012}}</ref>
 
The Leader of the House of Commons, [[Sir George Young, 6th Baronet|Sir George Young]], told the Chamber on 10 July 2012 that a new programme motion and timetable for debating the bill had not yet been confirmed.<ref>[https://publications.parliament.uk/pa/cm201213/cmhansrd/cm120710/debtext/120710-0002.htm#12071071000795 House of Commons Debates 10 July 2012 c 188.] Retrieved 6 August 2012.</ref> Backbench Conservative MPs told Cameron that the House of Lords Reform Bill was "a dead duck" following the vote.<ref>{{cite news |url=https://www.telegraph.co.uk/news/politics/9391036/David-Cameron-suffers-biggest-Commons-rebellion-over-Lords-reform.html |title=David Cameron suffers biggest Commons rebellion over Lords reform |work=The Daily Telegraph | location=London |first=Christopher |last=Hope |date=10 July 2012}}</ref>
 
On 3 August 2012, it was reported that the Prime Minister was to announce that the bill would be dropped after negotiations with Conservative rebels broke down.<ref>{{cite news | url=https://www.telegraph.co.uk/news/politics/david-cameron/9447897/David-Cameron-retreats-on-House-of-Lords-reform.html | title=David Cameron retreats on House of Lords reform | work=The Daily Telegraph | date=2 August 2012 | accessdate=3 August 2012 | author=Winnett, Robert | location=London}}</ref><ref>{{cite news | url=https://www.theguardian.com/politics/2012/aug/03/david-cameron-drop-lords-reforms?newsfeed=true | title=David Cameron to drop Lords reform | work=The Guardian | date=3 August 2012 | accessdate=3 August 2012 | author=Wintour, Patrick | location=London}}</ref> Just three days later, on 6 August 2012, [[Deputy Prime Minister of the United Kingdom|Deputy Prime Minister]] Nick Clegg announced that the Government was abandoning the bill due to the opposition from Conservative backbench MPs, claiming that the Conservatives had "broken the coalition contract".<ref>[https://www.bbc.co.uk/news/uk-politics-19149212 Nick Clegg: Lords reform plans to be abandoned] BBC News</ref> He formally announced the abandonment of the bill to the House of Commons on 3 September.<ref>{{cite news | url=https://www.standard.co.uk/news/politics/nick-clegg-confirms-house-of-lords-reform-plan-is-officially-scrapped-8102639.html | title=Nick Clegg confirms House of Lords reform plan is officially scrapped | work=Evening Standard|location=London | date=3 September 2012 | accessdate=3 September 2012}}</ref>
 
==See also==
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==References==
{{reflist|colwidth=30em}}
 
[[Category:Proposed laws of the United Kingdom]]
[[Category:Acts of the Parliament of the United Kingdom concerning the House of Lords]]
[[Category:Reform in the United Kingdom]]
[[Category:2012 in British politics]]