House of Lords (Cessation of Membership) Bill [HL]
Official Summary
A Bill to make provision for Peers to cease to be Members of the House of Lords by way of retirement or in the event of non-attendance or criminal conviction.
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Overview
This bill outlines the circumstances under which members of the House of Lords can cease to be members. It allows for retirement, removal for non-attendance, and removal following conviction of a serious crime. The Lord Speaker plays a key role in certifying these events.
Description
Retirement: Peers can retire by giving written notice to the Clerk of the Parliaments, specifying a retirement date. This decision is irreversible.
Non-Attendance: A peer who doesn't attend the House of Lords during a parliamentary session will lose their membership at the session's end, unless they have leave of absence or the session was less than six months long. The Lord Speaker's certification is required to confirm non-attendance and absence of leave.
Conviction of a Serious Offence: A peer convicted of a serious crime (as defined by imprisonment or detention exceeding one year, certified by the Lord Speaker) will lose their membership. This can be reversed by a successful appeal, with further certification by the Lord Speaker. The House of Lords can also intervene in cases of convictions outside the UK through a resolution.
Consequences of Cessation: Once a peer ceases membership, they lose the right to attend, sit, vote in the House of Lords, and participate in committees. They also forfeit any parliamentary writ (summon to attend). This does not affect their right to vote in general elections or become a member of the House of Commons.
Lord Speaker's Role: The Lord Speaker issues certificates for non-attendance and serious criminal convictions. These certificates are considered conclusive and cannot be challenged in court.
Government Spending
The bill is not expected to significantly impact government spending, as it primarily deals with procedural changes to the House of Lords membership.
Groups Affected
Peers (Life and Hereditary): This bill directly affects all members of the House of Lords. It provides a mechanism for them to retire, and establishes circumstances where they will be removed from the House.
The Lord Speaker: The bill assigns significant responsibilities to the Lord Speaker, including the issuing of certificates related to non-attendance and convictions, making their role more active in membership management.
The House of Lords Administration: The bill will impact administrative procedures within the House of Lords, particularly concerning record-keeping of attendance and processing of notices of retirement.
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