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by Munro Research

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 retirement is irrevocable.

Non-Attendance

A peer who doesn't attend the House of Lords for an entire session (longer than six months, excluding leave of absence granted by the House) automatically ceases to be a member at the end of that session. The Lord Speaker certifies non-attendance based on official records.

Conviction of a Serious Offence

Conviction for a serious crime (defined as imprisonment or detention for over a year) results in automatic removal from the House of Lords. The Lord Speaker certifies this, and the decision can be reversed through successful appeal. The House can also decide not to apply this rule to convictions outside the UK in special circumstances.

Consequences of Cessation

Once a peer ceases to be a member, they lose their right to attend or vote in the House of Lords or its committees. They also lose any rights to a writ of summons to attend the House.

Lord Speaker's Certificate

Certificates issued by the Lord Speaker under this Act are considered conclusive and cannot be challenged in court.

Government Spending

The bill does not directly specify any government spending. Any costs associated with its implementation (e.g., administrative changes) would likely be minimal and absorbed within existing parliamentary budgets.

Groups Affected

  • Peers (life and hereditary): This bill directly affects all members of the House of Lords, providing them with the option of retirement and outlining circumstances that lead to the loss of their membership.
  • The Lord Speaker: The Lord Speaker is given significant authority under this bill to certify events that lead to cessation of membership.
  • Clerk of the Parliaments: The Clerk of the Parliaments receives written notification from peers wishing to retire.
  • House of Lords Administration: The administration will need to implement processes to handle retirement notices, record attendance, and manage the impact of the Lord Speaker's certifications.
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