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House of Lords
House of Lords
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The House of Lords[a] is the upper house of the Parliament of the United Kingdom.[6] Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England.[7] One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.[8][9][10]

Key Information

In contrast to the House of Commons, membership of the Lords is not generally acquired by election. Most members are appointed for life, on either a political or non-political basis.[11][12] Hereditary membership was limited in 1999 to 92 excepted hereditary peers: 90 elected through internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members ex officio, the sole two officers to directly inherit their seats. The House of Lords also includes up to 26 archbishops and bishops of the Church of England, known as Lords Spiritual.[12][13] Since 2014, membership may be voluntarily relinquished or terminated upon expulsion.[12]

As the upper house of Parliament, the House of Lords has many similar functions to the House of Commons.[14] It scrutinises legislation, holds the government to account, and considers and reports upon public policy.[15] Peers may also seek to introduce legislation or propose amendments to bills.[15] While it is unable to prevent bills passing into law, except in certain limited circumstances, it may delay the enactment of bills for up to one year.[16][17] In this capacity, as a body independent from the pressures of the political process, the House of Lords is said to act as a "revising chamber" focusing on legislative detail, while occasionally asking the House of Commons to reconsider its plans.[18][19]

While peers may also serve as government ministers, they are typically only selected to serve as junior ministers, except for the Leader of the House of Lords.[20] The House of Lords does not control the term of the prime minister or of the government;[21] only the Commons may vote to require the prime minister to resign or call an election.[22] Unlike the House of Commons, which has a defined number of seats, the number of members in the House of Lords is not fixed. As of 13 October 2025, it has 828 sitting members.

The King's Speech is delivered in the House of Lords chamber during the State Opening of Parliament. In addition to its role as the upper house, the House of Lords, through the Law Lords, acted as the final court of appeal in the United Kingdom judicial system until the establishment of the Supreme Court in 2009.[23]

The House of Lords is the only upper house of any bicameral parliament in the world to be larger than its lower house.[24] It is the second-largest legislative chamber in the world, behind the National People's Congress of China.[25]

The House of Lords also has a Church of England role, in that Church Measures must be tabled within the House by the Lords Spiritual. The United Kingdom is one of only two countries in the world to award religious figures a permanent seat in the legislature, the other being Iran.[26]

History

[edit]
The constitutional concept of the King-in-Parliament is embodied within the chamber at the State Opening which inaugurates each parliamentary session (as in 2024, above).

Today's Parliament of the United Kingdom largely descends, in practice, from the Parliament of England, through the Treaty of Union of 1706 and the Acts of Union that implemented and executed the Treaty in 1707 and created a new Parliament of Great Britain to replace the Parliament of England and the Parliament of Scotland. This new parliament was, in effect, the continuation of the Parliament of England with the addition of 45 Members of Parliament (MPs) and 16 Peers to represent Scotland.

Early history

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The House of Lords developed from the "Great Council" (Magnum Concilium) that advised the king during medieval times, dating back to the early 11th century.[27] This royal council came to be composed of ecclesiastics, noblemen, and representatives of the counties of England and Wales (afterwards, representatives of the boroughs as well). The first English Parliament is often considered to be either Simon de Montfort's Parliament (held in 1265) or the "Model Parliament" (held in 1295), which included archbishops, bishops, abbots, earls, barons, and representatives of the shires and boroughs.

The power of Parliament grew slowly, fluctuating as the strength of the monarchy grew or declined. For example, during much of the reign of Edward II (1307–1327), the nobility was supreme, the Crown weak, and the shire and borough representatives entirely powerless.

During the reign of King Edward II's successor, Edward III (1327–1377), Parliament clearly separated into two distinct chambers: the House of Commons (consisting of the shire and borough representatives) and the House of Lords (consisting of the archbishops, bishops, abbots and nobility).[28] The authority of Parliament continued to grow, and during the early 15th century both Houses exercised powers to an extent not seen before. The Lords were far more powerful than the Commons because of the great influence of the great landowners and the prelates of the realm.

The power of the nobility declined during the civil wars of the late 15th century, known as the Wars of the Roses. Much of the nobility was killed on the battlefield or executed for participation in the war, and many aristocratic estates were lost to the Crown. Moreover, feudalism was dying, and the feudal armies controlled by the barons became obsolete. Henry VII (1485–1509) clearly established the supremacy of the monarch, symbolised by the "Crown Imperial". The domination of the Sovereign continued to grow during the reigns of the Tudor monarchs in the 16th century. The Crown was at the height of its power during the reign of Henry VIII (1509–1547).

17th–18th century

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The House of Lords remained more powerful than the House of Commons, but the lower house continued to grow in influence, reaching a zenith in relation to the House of Lords during the middle of the 17th century. Conflicts between the king and the Parliament (for the most part, the House of Commons) ultimately led to the English Civil War during the 1640s. In 1649, after the defeat and execution of King Charles I, the Commonwealth of England was declared, but the nation was effectively under the overall control of Oliver Cromwell, Lord Protector of England, Scotland and Ireland.

The House of Lords was reduced to a largely powerless body, with Cromwell and his supporters in the Commons dominating the government. On 19 March 1649, the House of Lords was abolished by an act of Parliament, which declared that "The Commons of England [find] by too long experience that the House of Lords is useless and dangerous to the people of England."[29] It was briefly de facto eclipsed by Cromwell's Other House. The House of Lords did not assemble again until the Convention Parliament met in 1660 and the monarchy was restored. It returned to its former position as the more powerful chamber of Parliament—a position it would occupy until the 19th century.

After the Acts of Union 1707, the peerage of Scotland elected sixteen of their number, the Scottish representative peers, to sit in the House of Lords. General elections were held with each Parliament, and by-elections to fill vacancies in between. The elections ceased after the Peerage Act 1963 granted all peers of Scotland a hereditary seat in the House of Lords.

The first election of Scottish representative peers took place on 15 February 1707 at the Parliament House, Edinburgh, shortly before the Parliament of Scotland was adjourned for the last time on 25 March. The commissioners for the barons and the burghs chose their representatives to the British House of Commons at the same time.[30]

Queen Anne addressing the House of Lords, c. 1708–1714, by Peter Tillemans
A monochrome illustration of several short buildings clustered in a small space. A yard in the foreground is filled with detritus.
An early 19th-century illustration showing the east wall of the House of Lords in the centre
The rejection of the People's Budget, proposed by David Lloyd George (above), precipitated a political crisis in 1909.
The House of Lords voting for the Parliament Act 1911

19th century

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The 19th century was marked by several changes to the House of Lords. The House, once a body of only about 50 members, had been greatly enlarged by the liberality of George III and his successors in creating peerages. The individual influence of a Lord of Parliament was thus diminished.

Moreover, the power of the House as a whole decreased, whilst that of the House of Commons grew. Particularly notable in the development of the Lower House's superiority was the Reform Act 1832. The electoral system of the House of Commons was far from democratic: property qualifications greatly restricted the size of the electorate, and the boundaries of many constituencies had not been changed for centuries. Entire cities such as Manchester had not even one representative in the House of Commons, while the 11 voters of Old Sarum retained their ancient right to elect two MPs despite living elsewhere. A small borough was susceptible to bribery, and was often under the control of a patron, whose nominee was guaranteed to win an election. Some aristocrats were patrons of numerous "pocket boroughs", and therefore controlled a considerable part of the membership of the House of Commons.

When the House of Commons passed a Reform Bill to correct some of these anomalies in 1831, the House of Lords rejected the proposal. The popular cause of reform, however, was not abandoned by the ministry, despite a second rejection of the bill in 1832. Prime Minister Charles Grey, 2nd Earl Grey advised the King to overwhelm opposition to the bill in the House of Lords by creating about 80 new pro-Reform peers. William IV originally balked at the proposal, which effectively threatened the opposition of the House of Lords, but at length relented.

Before the new peers were created, however, the Lords who opposed the bill admitted defeat and abstained from the vote, allowing the passage of the bill. The crisis damaged the political influence of the House of Lords but did not altogether end it. A vital reform was effected by the Lords themselves in 1868, when they changed their standing orders to abolish proxy voting, preventing Lords from voting without taking the trouble to attend.[31] Over the course of the century the powers of the upper house were further reduced stepwise, culminating in the 20th century with the Parliament Act 1911; the Commons gradually became the stronger House of Parliament.

20th century

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The status of the House of Lords returned to the forefront of debate after the election of a Liberal Government in 1906. In 1909 the Chancellor of the Exchequer, David Lloyd George, introduced into the House of Commons the "People's Budget", which proposed a land tax targeting wealthy landowners. The popular measure, however, was defeated in the heavily Conservative House of Lords.[32]

Having made the powers of the House of Lords a primary campaign issue, the Liberals were narrowly re-elected in January 1910. The Liberals had lost most of their support in the Lords, which was routinely rejecting Liberals' bills. Prime Minister H. H. Asquith then proposed that the powers of the House of Lords be severely curtailed. After a further general election in December 1910, and with a reluctant promise by King George V to create sufficient new Liberal peers to overcome the Lords' opposition to the measure if necessary, the Asquith Government secured the passage of a bill to curtail the powers of the House of Lords.[33] The Parliament Act 1911 effectively abolished the power of the House of Lords to reject legislation, or to amend it in a way unacceptable to the House of Commons; and most bills could be delayed for no more than three parliamentary sessions or two calendar years. It was not meant to be a permanent solution; more comprehensive reforms were planned.[34][35] Neither party, however, pursued reforms with much enthusiasm, and the House of Lords remained primarily hereditary. The Parliament Act 1949 reduced the delaying power of the House of Lords further to two sessions or one year. In 1958, the predominantly hereditary nature of the House of Lords was changed by the Life Peerages Act 1958, which authorised the creation of life baronies, with no numerical limits. The number of life peers then gradually increased, though not at a constant rate.[36]

Punch 1911 cartoon shows Asquith and Lloyd George preparing coronets for 500 new peers to threaten takeover of the House of Lords.

The Labour Party had, for most of the 20th century, a commitment, based on the party's historic opposition to class privilege, to abolish the House of Lords, or at least expel the hereditary element. In 1968 the Labour Government of Harold Wilson attempted to reform the House of Lords by introducing a system under which hereditary peers would be allowed to remain in the House and take part in debate, but would be unable to vote. This plan, however, was defeated in the House of Commons by a coalition of traditionalist Conservatives (such as Enoch Powell), and Labour members who continued to advocate the outright abolition of the Upper House (such as Michael Foot).

When Foot became leader of the Labour Party in 1980, abolition of the House of Lords became a part of the party's agenda; under his successor, Neil Kinnock, however, a reformed Upper House was proposed instead. In the meantime, the creation of new hereditary peerages (except for members of the Royal Family) has been arrested, with the exception of three that were created during the administration of Conservative PM Margaret Thatcher in the 1980s.

Whilst some hereditary peers were at best apathetic, the Labour Party's clear commitments were not lost on Merlin Hanbury-Tracy, 7th Baron Sudeley, who for decades was considered an expert on the House of Lords. In December 1979 the Conservative Monday Club published his extensive paper entitled Lords Reform – Why tamper with the House of Lords? and in July 1980 The Monarchist carried another article by Sudeley entitled "Why Reform or Abolish the House of Lords?".[37] In 1990 he wrote a further booklet for the Monday Club entitled "The Preservation of the House of Lords".

21st century

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In 2019, a seven-month enquiry by Naomi Ellenbogen found that one in five staff of the House had experienced bullying or harassment which they did not report for fear of reprisals.[38] This was preceded by several cases, including Liberal Democrat Anthony Lester, Lord Lester of Herne Hill, of Lords using their position to sexually harass or abuse women.[39][40]

In 2020, the Johnson government considered moving the House of Lords from London to a city in Northern England, likely York, or Birmingham, in the Midlands, in an attempt to "reconnect" the area. It was unclear how the King's Speech would be conducted in the event of a move.[41][42][43] The idea was received negatively by many peers.[44]

Reforms

[edit]

With the advent of democratic politics in the United Kingdom, beginning with the Reform Acts from 1832 to 1928, the aristocratic House of Lords was increasingly perceived as an anachronism. Many attempts to reform it have been made, and some have succeeded, most notably the removal of most hereditary peers in 1999.

First admission of women

[edit]

There were no women sitting in the House of Lords until 1958, when a small number came into the chamber as a result of the Life Peerages Act 1958. One of these was Irene Curzon, 2nd Baroness Ravensdale, who had inherited her father's peerage in 1925 and was made a life peer to enable her to sit. After a campaign stretching back in some cases to the 1920s, another twelve women who held hereditary peerages in their own right were admitted with the passage of the Peerage Act 1963.

New Labour era

[edit]

The Labour Party included in its 1997 general election manifesto a commitment to remove the hereditary peerage from the House of Lords.[45] Their subsequent election victory in 1997 under Tony Blair led to the denouement of the traditional House of Lords. The Labour government introduced legislation to expel all hereditary peers from the Upper House as a first step in Lords reform. As a part of a compromise, however, it agreed to permit 92 hereditary peers to remain until the reforms were complete. Thus, all but 92 hereditary peers were expelled under the House of Lords Act 1999 (see below for its provisions), making the House of Lords predominantly an appointed house.[46]

In 2000, the Wakeham Commission proposed introducing a 20% elected element to the Lords, but this plan was widely criticised.[47] A parliamentary Joint Committee was established in 2001 to resolve the issue, but it reached no conclusion and instead gave Parliament seven options to choose from (fully appointed, 20% elected, 40% elected, 50% elected, 60% elected, 80% elected, and fully elected). In a confusing series of votes in February 2003, all of these options were defeated, although the 80% elected option fell by just three votes in the Commons.[48] Socialist MPs favouring outright abolition voted against all the options.[49]

In 2005, a cross-party group of senior MPs (Kenneth Clarke, Paul Tyler, Tony Wright, George Young, and Robin Cook) published a report proposing that 70% of members of the House of Lords should be elected – each member for a single long term – by the single transferable vote system. Most of the remainder were to be appointed by a Commission to ensure a mix of "skills, knowledge and experience". This proposal was also not implemented. A cross-party campaign initiative called "Elect the Lords" was set up to make the case for a predominantly elected Upper Chamber in the run up to the 2005 general election.

At the 2005 election, the Labour Party proposed further reform of the Lords, but without specific details.[50] The Conservative Party, which had, prior to 1997, opposed any tampering with the House of Lords,[51] favoured an 80% elected Lords, while the Liberal Democrats called for a fully elected Senate. During 2006, a cross-party committee discussed Lords reform, with the aim of reaching a consensus: its findings were published in early 2007.[52]

On 7 March 2007, members of the House of Commons voted ten times on a variety of alternative compositions for the Upper Chamber.[53] Outright abolition, a wholly appointed, a 20% elected, a 40% elected, a 50% elected, and a 60% elected House of Lords were all defeated in turn. Finally, the vote for an 80% elected Lords was won by 305 votes to 267, and the vote for a wholly elected Lords was won by an even greater margin, 337 to 224. Significantly, this last vote represented an overall majority of MPs.[54]

Furthermore, examination of the names of MPs voting at each division shows that, of the 305 who voted for the 80% elected option, 211 went on to vote for the 100% elected option. Given that this vote took place after the vote on 80% – whose result was already known when the vote on 100% took place – this showed a clear preference for a fully elected Upper House among those who voted for the only other option that passed. But this was nevertheless only an indicative vote, and many political and legislative hurdles remained to be overcome for supporters of an elected House of Lords. Lords, soon after, rejected this proposal and voted for an entirely appointed House of Lords.[55]

In July 2008, Jack Straw, the Secretary of State for Justice and Lord Chancellor, introduced a white paper to the House of Commons proposing to replace the House of Lords with an 80–100% elected chamber, with one third being elected at each general election, to serve a term of approximately 12–15 years.[56] The white paper stated that, as the peerage would be totally separated from membership of the Upper House, the name "House of Lords" would no longer be appropriate. It went on to explain that there was cross-party consensus for the Chamber to be re-titled the "Senate of the United Kingdom"; however, to ensure the debate remained on the role of the Upper House rather than its title, the white paper was neutral on the title issue.

On 30 November 2009, a Code of Conduct for Members of the House of Lords was agreed by them. Certain amendments were agreed by them on 30 March 2010 and on 12 June 2014.[57]

The scandal over expenses in the Commons was at its highest pitch only six months before, and the Labourite leadership under Janet Royall, Baroness Royall of Blaisdon determined that something sympathetic should be done.[citation needed]

Meg Russell stated in an article, "Is the House of Lords already reformed?", three essential features of a legitimate House of Lords: The first was that it must have adequate powers over legislation to make the government think twice before making a decision. The House of Lords, she argued, had enough power to make it relevant. (In his first year, Tony Blair was defeated 38 times in the Lords—but that was before the major reform with the House of Lords Act 1999.) Second, as to the composition of the Lords, Meg Russell suggested that the composition must be distinct from the Commons, otherwise it would render the Lords useless. Third was the perceived legitimacy of the Lords. She stated, "In general legitimacy comes with election."[58]

Coalition reforms

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The House of Lords paid tribute to Prince Philip, Duke of Edinburgh, 12 April 2021. (COVID-19 precautions required the maintenance of social distancing on this occasion.)

The Conservative–Liberal Democrat coalition agreed, after the 2010 general election, to outline clearly a provision for a wholly or mainly elected second chamber, elected by proportional representation. These proposals sparked a debate on 29 June 2010. As an interim measure, appointment of new peers would reflect the shares of the vote secured by the political parties in the last general election.

Detailed proposals for Lords reform, including a draft House of Lords Reform Bill, were published on 17 May 2011. These included a 300-member hybrid house, of whom 80% would be elected. A further 20% would be appointed, and reserve space would be included for some Church of England archbishops and bishops. Under the proposals, members would also serve single non-renewable terms of 15 years. Former MPs would be allowed to stand for election to the Upper House, but members of the Upper House would not be immediately allowed to become MPs.

The details of the proposal were:[59]

  • The upper chamber shall continue to be known as the House of Lords for legislative purposes.
  • The reformed House of Lords should have 300 members of whom 240 are "Elected Members" and 60 appointed "Independent Members". Up to 12 Church of England archbishops and bishops may sit in the house as ex officio "Lords Spiritual".
  • Elected Members will serve a single, non-renewable term of 15 years.
  • Elections to the reformed Lords should take place at the same time as elections to the House of Commons.
  • Elected Members should be elected using the Single Transferable Vote system of proportional representation.
  • Twenty Independent Members (a third) shall take their seats within the reformed house at the same time as elected members do so, and for the same 15-year term.
  • Independent Members will be appointed by the King after being proposed by the Prime Minister acting on advice of an Appointments Commission.
  • There will no longer be a link between the peerage system and membership of the upper house.
  • The current powers of the House of Lords would not change and the House of Commons shall retain its status as the primary House of Parliament.

The proposals were considered by a Joint Committee on House of Lords Reform made up of both MPs and Peers, which issued its final report on 23 April 2012, making the following suggestions:[60]

  • The reformed House of Lords should have 450 members.
  • Party groupings, including the Crossbenchers, should choose which of their members are retained in the transition period, with the percentage of members allotted to each group based on their share of the peers with high attendance during a given period.
  • Up to 12 Lords Spiritual should be retained in a reformed House of Lords.

Deputy Prime Minister Nick Clegg introduced the House of Lords Reform Bill 2012 on 27 June 2012[61] which built on proposals published on 17 May 2011.[62] However, this Bill was abandoned[63] by the Government on 6 August 2012, following opposition from within the Conservative Party.

House of Lords Reform Act 2014

[edit]

A private member's bill to introduce some reforms was introduced by Dan Byles in 2013.[64] The House of Lords Reform Act 2014 received Royal Assent in 2014.[65] Under the new law:

  • All peers can retire or resign from the chamber (prior to this only hereditary peers could disclaim their peerages).
  • Peers can be disqualified for non-attendance.
  • Peers can be removed for receiving prison sentences of a year or more.[65]

House of Lords (Expulsion and Suspension) Act 2015

[edit]

The House of Lords (Expulsion and Suspension) Act 2015 authorised the House to expel or suspend members.

Lords Spiritual (Women) Act 2015

[edit]

This Act made provision to preferentially admit female bishops of the Church of England to the Lords Spiritual over male ones in the 10 years following its commencement (2015 to 2025, later extended to 2030). This came as a consequence of the Church of England deciding in 2014 to begin to ordain women as bishops. In 2015, Rachel Treweek, Bishop of Gloucester, became the first woman to sit as a Lord Spiritual in the House of Lords due to the Act.[66] As of 2025, eight women bishops sit as Lords Spiritual, seven of them having been accelerated due to this Act.[67]

Starmer ministry

[edit]

As of 2024, the policy of the Labour Party is to abolish the House of Lords, and to replace it with an elected second chamber,[68] albeit not in the first term of a Labour government.[69] Following the 2024 general election, the House of Lords (Hereditary Peers) Bill was introduced with the aim of removing all remaining hereditary peers from the House of Lords.[70]

Size

[edit]
Number of members of the House of Lords from 1998 to 2021

The size of the House of Lords has varied greatly throughout its history. The English House of Lords—then comprising 168 members—was joined at Westminster by 16 Scottish peers to represent the peerage of Scotland—a total of 184 nobles—in 1707's first Parliament of Great Britain. A further 28 Irish members to represent the peerage of Ireland were added in 1801 to the first Parliament of the United Kingdom. From about 220 peers in the eighteenth century,[71] the house saw continued expansion. From about 850 peers in 1951/52,[72] the numbers rose further with more life peers after the Life Peerages Act 1958 and the inclusion of all Scottish peers and the first female peers in the Peerage Act 1963. It reached a record size of 1,330 in October 1999, immediately before the major Lords reform (House of Lords Act 1999) reduced it to 669, mostly life peers, by March 2000.[73]

The chamber's membership again expanded in the following decades, increasing to above eight hundred active members in 2014 and prompting further reforms in the House of Lords Reform Act 2014.

In April 2011, a cross-party group of former leading politicians, including many senior members of the House of Lords, called on the Prime Minister David Cameron to stop creating new peers. He had created 117 new peers between entering office in May 2010 and leaving in July 2016, a faster rate of elevation than any PM in British history; at the same time his government had tried (in vain) to reduce the House of Commons by 50, from 650 to 600 MPs.[74]

In August 2014, despite there being a seating capacity for only around 230[75] to 400[76] on the benches in the Lords chamber, the House had 774 active members (plus 54 who were not entitled to attend or vote, having been suspended or granted leave of absence). This made the House of Lords the largest parliamentary chamber in any democracy.[76] In August 2014, former Speaker of the House of Commons Betty Boothroyd requested that "older peers should retire gracefully" to ease the overcrowding in the House of Lords. She also criticised successive prime ministers for filling the second chamber with "lobby fodder" in an attempt to help their policies become law. She made her remarks days before a new batch of peers were due to be created and several months after the passage of the House of Lords Reform Act 2014, enabling life peers to retire or resign their seats in the House, which had previously only been possible for hereditary peers and bishops.[77][78]

In August 2015, when 45 more peers were created in the Dissolution Honours, the total number of eligible members of the Lords increased to 826. In a report entitled "Does size matter?" the BBC said: "Increasingly, yes. Critics argue the House of Lords is the second largest legislature after the Chinese National People's Congress and dwarfs upper houses in other bicameral democracies such as the United States (100 senators), France (348 senators), Australia (76 senators), Canada (105 appointed senators) and India (250 members). The Lords is also larger than the Supreme People's Assembly of North Korea (687 members)", and that "Peers grumble that there is not enough room to accommodate all of their colleagues in the Chamber, where there are only about 400 seats, and say they are constantly jostling for space – particularly during high-profile sittings", but added, "On the other hand, defenders of the Lords say that it does a vital job scrutinising legislation, a lot of which has come its way from the Commons in recent years".[79]

In late 2016, a Lord Speaker's committee was formed to examine the issue of overcrowding, with fears membership could swell to above 1,000, and in October 2017 the committee presented its findings. In December 2017, the Lords debated and broadly approved its report, which proposed a cap on membership at 600 peers, with a fifteen-year term limit for new peers and a "two-out, one-in" limit on new appointments. By October 2018, the Lord Speaker's committee commended the reduction in peers' numbers, noting that the rate of departures had been greater than expected, with the House of Commons Public Administration and Constitutional Affairs Select Committee approving the progress achieved without legislation.[80]

By April 2019, with the retirement of nearly one hundred peers since the passage of the House of Lords Reform Act 2014, the number of active peers had been reduced to a total of 782, of whom 665 were life peers.[81][82] This total, however, remains greater than the membership of 669 peers in March 2000, after implementation of the House of Lords Act 1999 removed the bulk of the hereditary peers from their seats; it is well above the proposed 600-member cap, and is still larger than the House of Commons's 650 members.

Functions

[edit]
Brief introduction of the House of Lords

Legislative functions

[edit]

All legislation, with the exception of money bills, may be introduced in either the House of Lords or House of Commons.

The House of Lords debates legislation, and has the power to amend or reject bills. However, the power of the Lords to reject a bill passed by the House of Commons is severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be presented for Royal Assent without the consent of the House of Lords (i.e. the Commons can override the Lords' veto). The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month.

Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons, and cannot have the effect of extending a parliamentary term beyond five years. A further restriction is a constitutional convention known as the Salisbury Convention, which means that the House of Lords does not oppose legislation promised in the Government's election manifesto.[83][84]

By a custom that prevailed even before the Parliament Acts, the House of Lords is further restrained insofar as financial bills are concerned. The House of Lords may neither originate a bill concerning taxation or Supply (supply of treasury or exchequer funds), nor amend a bill so as to insert a taxation or Supply-related provision. (The House of Commons, however, often waives its privileges and allows the Upper House to make amendments with financial implications.) Moreover, the Upper House may not amend any Supply Bill. The House of Lords formerly maintained the absolute power to reject a bill relating to revenue or Supply, but this power was curtailed by the Parliament Acts.

Relationship with the government

[edit]

The House of Lords does not control the term of the prime minister or of the government.[21] Only the lower house may force the prime minister to resign or call elections by passing a motion of no-confidence or by withdrawing supply. Therefore, the House of Lords' oversight of the government is limited.

Most Cabinet ministers are from the House of Commons rather than the House of Lords. In particular, all prime ministers since 1902 have been members of the lower house[85] (Alec Douglas-Home, who became prime minister in 1963 whilst still an earl, disclaimed his peerage and was elected to the Commons soon after his term began). In recent history, it has been very rare for major cabinet positions (except Lord Chancellor and Leader of the House of Lords) to have been filled by peers.

Exceptions include:

From 1999 to 2010 the Attorney General for England and Wales was a member of the House of Lords; as of July 2024, the Attorney General is once again a peer.

The House of Lords remains a source for junior ministers and members of government. Like the House of Commons, the Lords also has a Government Chief Whip as well as several Junior Whips. Where a government department is not represented by a minister in the Lords or one is not available, government whips will act as spokesmen for them.[88]

Former judicial role

[edit]

Historically, the House of Lords held several judicial functions. Most notably, until 2009 the House of Lords served as the court of last resort for most instances of UK law. Since 1 October 2009 this role is now held by the Supreme Court of the United Kingdom.

The Lords' judicial functions originated from the ancient role of the Curia Regis as a body that addressed the petitions of the King's subjects. The functions were exercised not by the whole House, but by a committee of "Law Lords". The bulk of the House's judicial business was conducted by the twelve Lords of Appeal in Ordinary, who were specifically appointed for this purpose under the Appellate Jurisdiction Act 1876.

The judicial functions could also be exercised by Lords of Appeal (other members of the House who happened to have held high judicial office). No Lord of Appeal in Ordinary or Lord of Appeal could sit judicially beyond the age of seventy-five. The judicial business of the Lords was supervised by the Senior Lord of Appeal in Ordinary and their deputy, the Second Senior Lord of Appeal in Ordinary.

The jurisdiction of the House of Lords extended, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland. From Scotland, appeals were possible only in civil cases; Scotland's High Court of Justiciary is the highest court in criminal matters. The House of Lords was not the United Kingdom's only court of last resort; in some cases, the Judicial Committee of the Privy Council performs such a function. The jurisdiction of the Privy Council in the United Kingdom, however, is relatively restricted; it encompasses appeals from ecclesiastical courts, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters. Issues related to devolution were transferred from the Privy Council to the Supreme Court in 2009.

The twelve Law Lords did not all hear every case; rather, after World War II cases were heard by panels known as Appellate Committees, each of which normally consisted of five members (selected by the Senior Lord). An Appellate Committee hearing an important case could consist of more than five members. Though Appellate Committees met in separate committee rooms, judgement was given in the Lords Chamber itself. No further appeal lay from the House of Lords, although the House of Lords could refer a "preliminary question" to the European Court of Justice in cases involving an element of European Union law, and a case could be brought at the European Court of Human Rights if the House of Lords did not provide a satisfactory remedy in cases where the European Convention on Human Rights was relevant.

A distinct judicial function—one in which the whole House used to participate—is that of trying impeachments. Impeachments were brought by the House of Commons, and tried in the House of Lords; a conviction required only a majority of the Lords voting. Impeachments, however, are to all intents and purposes obsolete; the last impeachment was that of Henry Dundas, 1st Viscount Melville, in 1806.

Similarly, the House of Lords was once the court that tried peers charged with high treason or felony. The House would be presided over not by the Lord Chancellor, but by the Lord High Steward, an official especially appointed for the occasion of the trial. If Parliament was not in session, then peers could be tried in a separate court, known as the Lord High Steward's Court. Only peers, their wives, and their widows (unless remarried) were entitled to such trials; the Lords Spiritual were tried in ecclesiastical courts. In 1948, the right of peers to be tried in such special courts was abolished; now, they are tried in the regular courts.[89] The last such trial in the House was of Edward Russell, 26th Baron de Clifford, in 1935. An illustrative dramatisation circa 1928 of a trial of a peer (the fictional Duke of Denver) on a charge of murder (a felony) is portrayed in the 1972 BBC Television adaption of Dorothy L. Sayers' Lord Peter Wimsey mystery Clouds of Witness.

The Constitutional Reform Act 2005 resulted in the creation of a separate Supreme Court of the United Kingdom, to which the judicial function of the House of Lords, and some of the judicial functions of the Judicial Committee of the Privy Council, were transferred. In addition, the office of Lord Chancellor was reformed by the act, removing his ability to act as both a government minister and a judge. This was motivated in part by concerns about the historical admixture of legislative, judicial, and executive power. The new Supreme Court is located at Middlesex Guildhall.

Membership

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Lords Spiritual

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Members of the House of Lords who sit by virtue of their ecclesiastical offices are known as Lords Spiritual.[90] Formerly, the Lords Spiritual were the majority in the English House of Lords,[91] comprising the church's archbishops, (diocesan) bishops, abbots, and those priors who were entitled to wear a mitre. After the English Reformation's high point in 1539, only the archbishops and bishops continued to attend, as the Dissolution of the Monasteries had just disposed of and suppressed the positions of abbot and prior. In 1642, during the few gatherings of the Lords convened during English Interregnum which saw periodic war, the Lords Spiritual were excluded altogether, but they returned under the Clergy Act 1661.

The number of Lords Spiritual was further restricted by the Bishopric of Manchester Act 1847, and by later Acts. The Lords Spiritual can now number no more than 26: these are the Archbishops of Canterbury and York, the Bishops of London, Durham and Winchester (who sit by right regardless of seniority), and the 21 longest-serving archbishops and bishops from other dioceses in the Church of England[92] (excluding the dioceses of Sodor and Man and Gibraltar in Europe, as these lie entirely outside the United Kingdom).[93] Following a change to the law in 2014 to allow women to be ordained archbishops and bishops, the Lords Spiritual (Women) Act 2015 was passed, which provides that whenever a vacancy arises among the Lords Spiritual during the ten years following the Act coming into force, the vacancy has to be filled by a woman, if one is eligible. This does not apply to the five archbishops and bishops who sit by right.

The current Lords Spiritual represent only the Church of England. Archbishops and bishops of the Church of Scotland historically sat in the Parliament of Scotland but were finally excluded in 1689 (after a number of previous exclusions) when the Church of Scotland became permanently Presbyterian. There are no longer archbishops and bishops in the Church of Scotland in the traditional sense of the word, and that Church has never sent members to sit in the Westminster House of Lords. The Church of Ireland did obtain representation in the House of Lords after the union of Ireland and Great Britain in 1801. Of the Church of Ireland's ecclesiastics, four (one archbishop and three bishops) were to sit at any one time, with the members rotating at the end of every parliamentary session (which normally lasted about one year). The Church of Ireland, however, was disestablished in 1871, and thereafter ceased to be represented by Lords Spiritual. Archbishops and bishops of Welsh sees in the Church of England originally sat in the House of Lords (after 1847, only if their seniority within the church entitled them to), but the Church in Wales ceased to be a part of the Church of England in 1920 and was simultaneously disestablished in Wales.[94] Accordingly, archbishops and bishops of the Church in Wales were no longer eligible to be appointed to the House as archbishops and bishops of the Church of England, but those already appointed remained.

Other ecclesiastics have sat in the House of Lords as Lords Temporal in recent times: Immanuel Jakobovits, Chief Rabbi of the United Synagogue (the largest organisation of Orthodox Jewish congregations in Britain) was appointed to the House of Lords (with the consent of Queen Elizabeth II, who acted on the advice of Prime Minister Margaret Thatcher), as was his successor Chief Rabbi Jonathan Sacks.[95] Julia Neuberger is the senior rabbi to the West London Synagogue. In recognition of his work at reconciliation and in the peace process in Northern Ireland, the Archbishop of Armagh (the senior Anglican archbishop in Ireland), Robin Eames, was appointed to the Lords by John Major. Other clergy appointed include Donald Soper, Timothy Beaumont, and some Scottish clerics.

Appointments of Catholic clergy to the Lords is unlikely, as since the promulgation of the 1983 Code of Canon Law, all Catholic clergy of the Latin Church have been discouraged from holding secular public office, and all diocesan priests and bishops have been completely prohibited from it (excepting only political offices of the Vatican City State).[96]

Former Archbishops of Canterbury, having reverted to the status of a regular bishop but no longer diocesans, are invariably given life peerages and sit as Lords Temporal.

By custom at least one of the archbishops or bishops reads prayers in each legislative day (a role taken by the chaplain in the Commons).[91] They often speak in debates; in 2004 Rowan Williams, the Archbishop of Canterbury, opened a debate into sentencing legislation.[91] Measures (proposed laws of the Church of England) must be put before the Lords, and the Lords Spiritual have a role in ensuring that this takes place.[91]

Lords Temporal

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Hereditary peers

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Since the Dissolution of the Monasteries, the Lords Temporal have been the most numerous group in the House of Lords. Unlike the Lords Spiritual, they may be publicly partisan, aligning themselves with one or another of the political parties that dominate the House of Commons. Publicly non-partisan Lords are called crossbenchers. Originally, the Lords Temporal included several hundred hereditary peers (that is, those whose peerages may be inherited), who ranked variously as dukes, marquesses, earls, viscounts, and barons (as well as Scottish Lords of Parliament). Such hereditary dignities can be created by the Crown; in modern times this is done on the advice of the Prime Minister of the day (except in the case of members of the Royal Family).

Holders of Scottish and Irish peerages were not always permitted to sit in the Lords. When Scotland united with England to form Great Britain in 1707, it was provided that the Scottish hereditary peers would only be able to elect 16 Scottish representative peers to sit in the House of Lords; the term of a representative was to extend until the next general election. A similar provision was enacted when Ireland merged with Great Britain in 1801 to form the United Kingdom; the Irish peers were allowed to elect 28 Irish representative peers, who were to retain office for life. Elections for Irish representatives ended in 1922, when most of Ireland became an independent state known as the Irish Free State; elections for Scottish representatives ended with the passage of the Peerage Act 1963, under which all Scottish peers obtained seats in the Upper House.

In 1999, the Labour government brought forward the House of Lords Act removing the right of several hundred hereditary peers to sit in the House. The Act provided, as a measure intended to be temporary, that 92 people would continue to sit in the Lords by virtue of hereditary peerages, and this is still in effect.

Of the 92, two remain in the House of Lords because they hold royal offices connected with Parliament: the Earl Marshal and the Lord Great Chamberlain. Of the remaining ninety peers sitting in the Lords by virtue of a hereditary peerage, 15 are elected by the whole House and 75 are chosen by fellow hereditary peers in the House of Lords, grouped by party. (A holder of a hereditary peerage who is given a life peerage becomes a member of the House of Lords without a need for a by-election.) The exclusion of other hereditary peers removed Charles, then Prince of Wales (who was also Earl of Chester) and all other royal peers, including Prince Philip, Duke of Edinburgh; Prince Andrew, Duke of York; Prince Edward, then Earl of Wessex; Prince Richard, Duke of Gloucester; and Prince Edward, Duke of Kent.

The number of hereditary peers to be chosen by a political group reflects the proportion of hereditary peers that belonged to that group (see current composition below) in 1999. When an elected hereditary peer dies, a by-election is held, with a variant of the Alternative Vote system being used. If the recently deceased hereditary peer had been elected by the whole House, then so are their replacement; a hereditary peer elected by a specific political group (including the non-aligned crossbenchers) is replaced by a vote of the hereditary peers already elected to the Lords belonging to that political group (whether elected by that group or by the whole house).

Lords of Appeal in Ordinary

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Until 2009, the Lords Temporal also included the Lords of Appeal in Ordinary, more commonly known as Law Lords, a group of individuals appointed to the House of Lords so that they could exercise its judicial functions. Lords of Appeal in Ordinary were first appointed under the Appellate Jurisdiction Act 1876. They were selected by the Prime Minister of the day, but were formally appointed by the Sovereign. A Lord of Appeal in Ordinary had to retire at the age of 70, or, if his term was extended by the government, at the age of 75; after reaching such an age, the Law Lord could not hear any further cases in the House of Lords.

The number of Lords of Appeal in Ordinary (excluding those who were no longer able to hear cases because of age restrictions) was limited to twelve, but could be changed by statutory instrument. By a convention of the House, Lords of Appeal in Ordinary did not take part in debates on new legislation, so as to maintain judicial independence. Lords of Appeal in Ordinary held their seats in the House of Lords for life, remaining as members even after reaching the judicial retirement age of 70 or 75. Former Lord Chancellors and holders of other high judicial office could also sit as Law Lords under the Appellate Jurisdiction Act, although in practice this right was only rarely exercised.

Under the Constitutional Reform Act 2005, the Lords of Appeal in Ordinary when the Act came into effect in 2009 became judges of the new Supreme Court of the United Kingdom and were then barred from sitting or voting in the House of Lords until they had retired as judges. One of the main justifications for the new Supreme Court was to establish a separation of powers between the judiciary and the legislature. It is therefore unlikely that future appointees to the Supreme Court of the United Kingdom will be made Lords of Appeal in Ordinary.[97]

Life peers

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The largest group of Lords Temporal, and indeed of the whole House, are life peers. As of March 2024, there are 670 life peers eligible to vote in the House.[82] Life peers rank only as barons or baronesses, and are created under the Life Peerages Act 1958. Like all other peers, life peers are created by the Sovereign, who acts on the advice of the Prime Minister or the House of Lords Appointments Commission. By convention, however, the Prime Minister allows leaders of other parties to nominate some life peers, so as to maintain a political balance in the House of Lords. Moreover, some non-party life peers (the number being determined by the Prime Minister) are nominated by the independent House of Lords Appointments Commission.

In 2000 the government announced that it would set up an Independent Appointments Commission, under Dennis Stevenson, Lord Stevenson of Coddenham, to select fifteen so-called "people's peers" for life peerages. However, when the choices were announced in April 2001, from a list of 3,000 applicants, the choices were treated with criticism in the media, as all were distinguished in their field, and none were "ordinary people" as some had originally hoped.[98]

Qualifications

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Several different qualifications apply for membership of the House of Lords. No person may sit in the House of Lords if under the age of 21.[99] Furthermore, only United Kingdom, Irish and Commonwealth citizens may sit in the House of Lords.[100] The nationality restrictions were previously more stringent: under the Act of Settlement 1701, and prior to the British Nationality Act 1948, only natural-born subjects qualified.[101]

Additionally, some bankruptcy-related restrictions apply to members of the Upper House. Subjects of a Bankruptcy Restrictions Order (applicable in England and Wales only), adjudged bankrupt (in Northern Ireland), or a sequestered estate (in Scotland) are not eligible to sit in the House of Lords. Individuals convicted of high treason are prohibited from sitting in the House of Lords until completion of their full term of imprisonment. An exception applies, however, if the individual convicted of high treason receives a full pardon. An individual serving a prison sentence for an offence other than high treason is not automatically disqualified.

Women were excluded from the House of Lords until the Life Peerages Act 1958,[102] passed to address the declining number of active members, made possible the creation of peerages for life (which expire on the death of the holder, as opposed to hereditary peerages). Women were immediately eligible and four were among the first life peers appointed. However, female hereditary peers continued to be excluded until the passage of the Peerage Act 1963.[103] Since the passage of the House of Lords Act 1999,[104] female hereditary peers remain eligible for election to the Upper House; until her resignation on 1 May 2020, there was one (Margaret of Mar, 31st Countess of Mar) among the 90 hereditary peers who continue to sit. After Barbara Wootton became one of the first four life peers appointed under the Life Peerages Act 1958, she requested that she not be referred to as "peeress", believing that the term failed to distinguish female peers from the mere wives of peers.[105]

Cash for peerages

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The Honours (Prevention of Abuses) Act 1925[106] made it illegal for a peerage, or other honour, to be bought or sold. Nonetheless, there have been repeated allegations that life peerages (and thus membership of the House of Lords) have been made available to major political donors in exchange for donations. The most prominent example, the Cash for Honours scandal in 2006, saw a police investigation, with no charges being brought. A 2015 study found that of 303 people nominated for peerages in the period 2005–2014, a total of 211 were former senior figures within politics (including former MPs), or were non-political appointments. Of the remaining 92 political appointments from outside public life, 27 had made significant donations to political parties. The authors concluded firstly that nominees from outside public life were much more likely to have made large gifts than peers nominated after prior political or public service. They also found that significant donors to parties were far more likely to be nominated for peerages than other party members.[107]

Removal from House membership

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Traditionally there was no mechanism by which members could resign or be removed from the House of Lords (compare the situation as regards resignation from the House of Commons). The Peerage Act 1963 permitted a person to disclaim their newly inherited peerage (within certain time limits); this meant that such a person could effectively renounce their membership of the Lords. This might be done in order to remain or become qualified to sit in the House of Commons, as in the case of Tony Benn (formerly the second Viscount Stansgate), who had campaigned for such a change.

The House of Lords Reform Act 2014[108] made provision for members' resignation from the House, removal for non-attendance, and automatic expulsion upon conviction for a serious criminal offence (if resulting in a jail sentence of at least one year). In June 2015, under the House of Lords (Expulsion and Suspension) Act 2015,[109] the House's Standing Orders may provide for the expulsion or suspension of a member upon a resolution of the House.

In November 2020, Nazir Ahmed, Lord Ahmed retired from the House of Lords, having seen a Lords Conduct Committee report recommending he be expelled.[110] In December the same year, Lord Maginnis was suspended from the House for 18 months.[111]

Officers

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Traditionally the House of Lords did not elect its own speaker, unlike the House of Commons; rather, the ex officio presiding officer was the Lord Chancellor. With the passage of the Constitutional Reform Act 2005, the post of Lord Speaker was created, a position to which a peer is elected by the House and subsequently appointed by the Crown. The first Lord Speaker, elected on 4 May 2006, was Helene Hayman, Baroness Hayman, a former Labour peer. As the Speaker is expected to be an impartial presiding officer, Hayman resigned from the Labour Party.[112] In 2011, Frances D'Souza, Baroness D'Souza was elected as the second Lord Speaker, replacing Hayman in September 2011.[113] D'Souza was in turn succeeded by Norman Fowler, Lord Fowler in September 2016, who served as Lord Speaker until his resignation in April 2021. He was succeeded as Lord Speaker by John McFall, Lord McFall of Alcluith, who is the incumbent Lord Speaker.

This reform of the post of Lord Chancellor was made due to the perceived constitutional anomalies inherent in the role. The Lord Chancellor was not only the Speaker of the House of Lords, but also a member of the Cabinet, and the most senior judge in England and Wales; his or her department, formerly the Lord Chancellor's Department, is now called the Ministry of Justice. The Lord Chancellor is no longer the head of the judiciary of England and Wales. Hitherto, the Lord Chancellor was part of all three branches of government: the legislative, the executive, and the judicial. The only other person in such a position is the monarch, as the formal source of all executive authority, the King-in-Parliament who grants royal assent to laws, and appointer of judges; but whereas the monarch's actions are strictly limited by convention, the Lord Chancellor's were not, a situation which offended against the principle of separation of powers.

The overlap of the legislative and executive roles is a characteristic of the Westminster system, as the entire cabinet consists of members of the House of Commons or the House of Lords; however, in June 2003, the Blair Government announced its intention to abolish the post of Lord Chancellor because of the office's mixed executive and judicial responsibilities. The abolition of the office was rejected by the House of Lords, and the Constitutional Reform Act 2005 was thus amended to preserve the office of Lord Chancellor. The Act no longer guarantees that the office holder of Lord Chancellor is the presiding officer of the House of Lords, and therefore allows the House of Lords to elect a speaker of their own.

Charles Pepys as Lord Chancellor. The lord chancellor wore black-and-gold robes whilst presiding over the House of Lords.

The lord speaker may be replaced as presiding officer by one of his or her deputies. The chairman of committees, the principal deputy chairman of committees, and several chairmen are all deputies to the lord speaker, and are all appointed by the House of Lords itself at the beginning of each session. By custom, the Crown appoints each chairman, principal deputy chairman and deputy chairman to the additional office of Deputy Speaker of the House of Lords.[114] There was previously no legal requirement that the lord chancellor or a deputy speaker be a member of the House of Lords (though the same has long been customary).

Whilst presiding over the House of Lords, the lord chancellor traditionally wore ceremonial black and gold robes. Robes of black and gold are now worn by the lord chancellor and Secretary of State for Justice in the House of Commons, on ceremonial occasions. This is no longer a requirement for the lord speaker except for state occasions outside of the chamber. The speaker or deputy speaker sits on the Woolsack, a large red seat stuffed with wool, at the front of the Lords Chamber.

When the House of Lords resolves itself into committee (see below), the Chairman of Committees or a Deputy Chairman of Committees presides, not from the Woolsack, but from a chair at the Table of the House. The presiding officer has little power compared to the Speaker of the House of Commons. The presiding officer only acts as the mouthpiece of the House, performing duties such as announcing the results of votes. This is because, unlike in the House of Commons where all statements are directed to "Mr/Madam Speaker", in the House of Lords they are directed to "My Lords"; i.e., the entire body of the House.

The Lord Speaker or Deputy Speaker cannot determine which members may speak, or discipline members for violating the rules of the House; these measures may be taken only by the House itself. Unlike the politically neutral Speaker of the House of Commons, the Lord Chancellor and Deputy Speakers originally remained members of their respective parties, and were permitted to participate in debate; however, this is no longer true of the new role of Lord Speaker.

Another officer of the body is the Leader of the House of Lords, a peer selected by the Prime Minister. The Leader of the House is responsible for steering Government bills through the House of Lords, and is a member of the Cabinet. The Leader also advises the House on proper procedure when necessary, but such advice is merely informal, rather than official and binding. A Deputy Leader is also appointed by the Prime Minister, and takes the place of an absent or unavailable leader.

The Clerk of the Parliaments is the chief clerk and officer of the House of Lords (but is not a member of the House itself). The Clerk, who is appointed by the Crown, advises the presiding officer on the rules of the House, signs orders and official communications, endorses bills, and is the keeper of the official records of both Houses of Parliament. Moreover, the Clerk of the Parliaments is responsible for arranging by-elections of hereditary peers when necessary. The deputies of the Clerk of the Parliaments (the Clerk Assistant and the Reading Clerk) are appointed by the Lord Speaker, subject to the House's approval.

The Gentleman or Lady Usher of the Black Rod is also an officer of the House; they take their title from the symbol of their office, a black rod. Black Rod (as the Gentleman/Lady Usher is normally known) is responsible for ceremonial arrangements, is in charge of the House's doorkeepers, and may (upon the order of the House) take action to end disorder or disturbance in the Chamber. Black Rod also holds the office of Serjeant-at-Arms of the House of Lords, and in this capacity attends upon the Lord Speaker. The Gentleman or Lady Usher of the Black Rod's duties may be delegated to the Yeoman Usher of the Black Rod or to the Assistant Serjeant-at-Arms.

Procedure

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Benches in the chamber are coloured red. In contrast, the benches in the House of Commons are green.
The royal thrones, c. 1902. The Sovereign's throne (on left) is raised slightly higher than the consort's.

The House of Lords and the House of Commons assemble in the Palace of Westminster. The Lords Chamber is lavishly decorated, in contrast with the more modestly furnished Commons Chamber. Benches in the Lords Chamber are coloured red. The Woolsack is at the front of the Chamber; the Government sit on benches on the right of the Woolsack, while members of the Opposition sit on the left. Crossbenchers sit on the benches immediately opposite the Woolsack.[115]

The Lords Chamber is the site of many formal ceremonies, the most famous of which is the State Opening of Parliament, held at the beginning of each new parliamentary session. During the State Opening, the Sovereign, seated on the Throne in the Lords Chamber and in the presence of both Houses of Parliament, delivers a speech outlining the Government's agenda for the upcoming parliamentary session.

In the House of Lords, members need not seek the recognition of the presiding officer before speaking, as is done in the House of Commons. If two or more Lords simultaneously rise to speak, the House decides which one is to be heard by acclamation, or, if necessary, by voting on a motion. Often, however, the Leader of the House will suggest an order, which is thereafter generally followed. Speeches in the House of Lords are addressed to the House as a whole ("My Lords") rather than to the presiding officer alone (as is the custom in the Lower House). Members may not refer to each other in the second person (as "you"), but rather use third person forms such as "the noble Duke", "the noble Earl", "the noble Lord", "my noble friend", "The most Reverend Primate", etc.

Each member may make no more than one speech on a motion, except that the mover of the motion may make one speech at the beginning of the debate and another at the end. Speeches are not subject to any time limits in the House; however, the House may put an end to a speech by approving a motion "that the noble Lord be no longer heard". It is also possible for the House to end the debate entirely, by approving a motion "that the Question be now put". This procedure is known as Closure, and is extremely rare. Six closure motions were passed on 4 April 2019 to significant media attention as part of consideration of a private member's bill concerning the United Kingdom's withdrawal from the European Union.[116]

Once all speeches on a motion have concluded, or Closure invoked, the motion may be put to a vote. The House first votes by voice vote; the Lord Speaker or Deputy Speaker puts the question, and the Lords respond either "content" (in favour of the motion) or "not content" (against the motion). The presiding officer then announces the result of the voice vote, but if his assessment is challenged by any Lord, a recorded vote known as a division follows.

Members of the House enter one of two lobbies (the content lobby or the not-content lobby) on either side of the Chamber, where their names are recorded by clerks. At each lobby are two Tellers (themselves members of the House) who count the votes of the Lords. The Lord Speaker may not take part in the vote. Once the division concludes, the Tellers provide the results thereof to the presiding officer, who then announces them to the House.

If there is an equality of votes, the motion is decided according to the following principles: legislation may proceed in its present form, unless there is a majority in favour of amending or rejecting it; any other motions are rejected, unless there is a majority in favour of approving it. The quorum of the House of Lords is just three members for a general or procedural vote, and 30 members for a vote on legislation. If fewer than three or 30 members (as appropriate) are present, the division is invalid.

Special arrangements were made during the 2020 COVID-19 pandemic to allow some duties to be carried out online.[117]

Disciplinary powers

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By contrast with the House of Commons, the House of Lords has not until recently had an established procedure for imposing sanctions on its members. When a cash for influence scandal was referred to the Committee of Privileges in January 2009, the Leader of the House of Lords also asked the Privileges Committee to report on what sanctions the House had against its members.[118] After seeking advice from the Attorney General for England and Wales and the former Lord Chancellor James Mackay, Lord Mackay of Clashfern, the committee decided that the House "possessed an inherent power" to suspend errant members, although not to withhold a writ of summons nor to expel a member permanently.[119] When the House subsequently suspended Peter Truscott, Lord Truscott and Tom Taylor, Lord Taylor of Blackburn for their role in the scandal, they were the first to meet this fate since 1642.[120]

Recent changes have expanded the disciplinary powers of the House. Section 3 of the House of Lords Reform Act 2014 now provides that any member of the House of Lords convicted of a crime and sentenced to imprisonment for more than one year loses their seat. The House of Lords (Expulsion and Suspension) Act 2015 allows the House to set up procedures to suspend, and to expel, its members.

Regulation of behaviour in the chamber

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There are two motions which have grown up through custom and practice and which govern questionable conduct within the House. They are brought into play by a member standing up, possibly intervening on another member, and moving the motion without notice. When the debate is getting excessively heated, it is open to a member to move "that the Standing Order on Asperity of Speech be read by the Clerk". The motion can be debated,[121] but if agreed by the House, the Clerk of the Parliaments will read Standing Order 32 which provides "That all personal, sharp, or taxing speeches be forborn".[122] The Journals of the House of Lords record only four instances on which the House has ordered the Standing Order to be read since the procedure was invented in 1871.[123]

For more serious problems with an individual Lord, the option is available to move "That the noble Lord be no longer heard". This motion also is debatable, and the debate which ensues has sometimes offered a chance for the member whose conduct has brought it about to come to order so that the motion can be withdrawn. If the motion is passed, its effect is to prevent the member from continuing their speech on the motion then under debate.[124] The Journals identify eleven occasions on which this motion has been moved since 1884; four were eventually withdrawn, one was voted down, and six were passed.[125]

Leave of absence

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In 1958, to counter criticism that some peers only appeared at major decisions in the House and thereby particular votes were swayed, the Standing Orders of the House of Lords were enhanced.[126] Peers who did not wish to attend meetings regularly or were prevented by ill health, age or further reasons, were now able to request leave of absence.[127] During the granted time a peer is expected not to visit the House's meetings until either its expiration or termination, announced at least a month prior to their return.[128]

Attendance allowance

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Via a new financial support system introduced in 2010, members of the House of Lords can opt to receive an attendance allowance per sitting day of currently £342 (as of 2023; initially it was £300 in 2010), plus limited travel expenses. Nonsalaried peers can choose to receive a reduced attendance allowance of £171 per day instead, or none at all. Peers with a residence registered outside of London can also receive reimbursement for travel expenses.[129]

Committees

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Unlike in the House of Commons, when the term committee is used to describe a stage of a bill, this committee does not take the form of a public bill committee, but what is described as Committee of the Whole House. It is made up of all members of the House of Lords, where any member is allowed to contribute to debates and provides for flexible rules of procedure. It is presided over by the Chairman of Committees.[130]

The term committee is also used to describe Grand Committee, where the same rules of procedure apply as in the main chamber, except that no divisions may take place. For this reason, business that is discussed in Grand Committee is usually uncontroversial and likely to be agreed unanimously.[131]

Public bills may also be committed to pre-legislative committees. A pre-legislative Committee is specifically constituted for a particular bill. These committees are established in advance of the bill being laid before either the House of Lords or the House of Commons and can take evidence from the public. Such committees are rare and do not replace any of the usual stages of a bill, including committee stage.[132]

The House of Lords also has 15 Select committees. Typically, these are sessional committees, meaning that their members are appointed by the House at the beginning of each session, and continue to serve until the next parliamentary session begins. In practice, these are often permanent committees, which are re-established during every session. These committees are typically empowered to make reports to the House "from time to time", that is, whenever they wish. Other committees are ad-hoc committees, which are set up to investigate a specific issue. When they are set up by a motion in the House, the motion will set a deadline by which the Committee must report. After this date, the committee will cease to exist unless it is granted an extension. One example of this is the Committee on Public Service and Demographic Change.[133] The House of Lords may appoint a chairman for a committee; if it does not do so, the Chairman of Committees or a Deputy Chairman of Committees may preside instead. Most of the Select Committees are also granted the power to co-opt members, such as the European Union Committee.[134] The primary function of Select Committees is to scrutinise and investigate Government activities; to fulfil these aims, they are permitted to hold hearings and collect evidence. Bills may be referred to Select Committees, but are more often sent to the Committee of the Whole House and Grand Committees.

The committee system of the House of Lords also includes several Domestic Committees, which supervise or consider the House's procedures and administration. One of the Domestic Committees is the Committee of Selection, which is responsible for assigning members to many of the House's other committees.

Current composition

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There are currently 828 sitting members of the House of Lords,[1] of which 667 are life peers (as of 2 October 2023) [82] and 228 are women (see:Women in the House of Lords). An additional 24 Lords are ineligible to participate, including two peers who are constitutionally disqualified as members of the Judiciary.[135]

The House of Lords Act 1999 allocated 75 of the 92 hereditary peers to the parties based on the proportion of hereditary peers that belonged to that party in 1999:[99]

Of the initial 42 hereditary peers elected as Conservatives, one, David Verney, 21st Lord Willoughby de Broke, defected to UKIP, though he left the party in 2018.[1][136]

Fifteen hereditary peers are elected by the whole House, and the remaining hereditary peers are the two royal office-holders, the Earl Marshal and the Lord Great Chamberlain.[1]

A report in 2007 stated that many members of the Lords (particularly the life peers) do not attend regularly; the average daily attendance was around 408.[137]

While the number of hereditary peers is limited to 92, and that of Lords spiritual to 26, there is no maximum limit to the number of life peers who may be members of the House of Lords at any time.[138]

Gender imbalance

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Although female representation in the Lords has risen each decade since 1960, the pace has slowed in recent years, with the number of women peers rising 1% since 2020. A report by the Unlock Democracy think tank found that if every woman ever made a peer was still alive and sitting in the House of Lords today, men would still outnumber women by nearly two to one. The report singled out Rishi Sunak's female appointment rates to the House of Lords, at 17% of his party's appointments as compared with 37.5% of Tory peers appointed under Truss, 20.9% by appointed under Johnson, 46.2% under May, and 30% under Cameron; the report also states that appointment rates under Labour were scarcely higher.[138]

Government leaders and ministers in the Lords

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Leaders and chief whips

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Other ministers

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Criticisms

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There are several criticisms of the House of Lords, including:

  • The appointments process, which has often been described as unprincipled and questionable. Both the Labour Party and the Conservative Party regularly appoint people in exchange for money.[139][140][141]
  • Peers all enjoy lifetime job security. They are allowed to hold their seats until death.[142]
  • The makeup of the Lords does not reflect the social and demographic diversity of the UK, with under-representation of ethnic minorities and women.[143]
  • The United Kingdom is one of the few countries in the world to award religious figures a permanent seat in the legislature.[26]
  • Unlike the French Senate, which equally represents all French regions, the House of Lords has an over-representation of people from southern England.[143] The North West and East and West Midlands are underrepresented regions.[144]
  • The House of Lords is often criticized for being too large. With almost 800 members, it is the second-largest legislative house in the world, only after the National People's Congress of China.[145] The physical capacity of the building is only about 400 seats, which has led to "jostling for space".[146]

These criticisms have led some to question whether there is a need for a second house at all, and whether the bicameral system in British politics is still useful.[147] Some nations such as Norway, Sweden, Portugal, New Zealand and Denmark are unicameral.

See also

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Overseas counterparts

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Extant

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Defunct

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References

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Notes

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Bibliography

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Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
The House of Lords is the upper chamber of the Parliament of the United Kingdom, functioning primarily as a revising and scrutinizing body for legislation originating in the House of Commons. Composed mainly of peers appointed by the on the advice of the , it also includes 26 —senior bishops of the —and 92 hereditary peers retained under the House of Lords Act 1999. As of September 2025, the House totals 852 members, with 828 eligible to participate in proceedings. Its legislative influence is constrained by the Parliament Acts of 1911 and 1949, which limit its ability to delay or non-money bills, affirming the supremacy of the elected in resolving deadlocks. These restrictions stem from early 20th-century constitutional crises, where the Lords' obstruction of Liberal government reforms prompted statutory curbs on its power. The chamber debates policy, conducts inquiries via select committees, and proposes amendments drawing on members' professional expertise, often resulting in substantive improvements to bills. Despite its unelected status providing independence from electoral pressures, the House faces criticism for its oversized membership and perceived lack of democratic legitimacy, fueling ongoing reform efforts such as the 2024-25 House of Lords (Hereditary Peers) Bill aimed at eliminating hereditary sitting rights and addressing bloat.

Historical Development

Medieval and Early Modern Origins

The House of Lords traces its origins to the Magnum Concilium, or Great Council, an advisory body to the monarch comprising feudal magnates, clergy, and officials that emerged from Anglo-Saxon assemblies like the Witan and solidified under Norman rule in the 11th century. By the 14th century, this council had evolved into a distinct upper house of Parliament, separate from the emerging House of Commons formed by shire knights and burgesses. Its medieval composition included Lords Spiritual—two archbishops, around 20 bishops, and approximately 28 mitred abbots and priors who sat by virtue of their office—and , earls and barons individually summoned by writ of summons from the sovereign. The temporal peers represented the great landholders whose feudal obligations entitled them to counsel the king on matters of , taxation, and war. A pivotal event was the of 1295, summoned by I to secure support for military campaigns against and , which assembled not only prelates and magnates but also two knights from each shire and burgesses from select towns, establishing a template for broader representation while affirming the Lords' advisory primacy. In the early modern , the Lords retained its role as a chamber of counselors amid royal centralization under , whose Reformation Parliament (1529–1536) enacted the break from Rome and the (1536–1541), eliminating most abbots' seats and reducing Spiritual Lords primarily to bishops. The 1707 Acts of Union with integrated the new kingdom by admitting 16 elected Scottish peers to the Lords, expanding its temporal composition without granting full hereditary rights to all Scots nobility. Tensions escalated in the Stuart era with conflicts over ; during the (1642–1651), Parliament excluded bishops in 1642 and, following in December 1648, the Rump Commons declared the Lords "useless and dangerous" on 6 February 1649, abolishing the house via ordinance to establish the Commonwealth. The Lords was restored in 1660 upon the monarchy's return under Charles II, reaffirming its position as a hereditary advisory body.

17th–19th Century Evolution

![Queen Anne in the House of Lords by Peter Tillemans.jpeg][float-right] Following the and the abolition of the monarchy and House of Lords in 1649, the chamber was reinstated upon the Restoration of Charles II in 1660, restoring the bicameral Parliament and affirming the Lords' role as a revising body composed of hereditary peers and bishops. This revival emphasized the Lords' conservative function in checking radical changes, particularly after the Commonwealth's experiments in governance. The House of Lords played a pivotal part in the of 1688, where a Convention Parliament, including Lords, declared James II's flight an abdication and offered the throne to William III and Mary II, enacting the Bill of Rights 1689 to limit and affirm parliamentary consent for taxation and laws. In 1701, the Lords concurred in passing the Act of Settlement, which excluded Catholics from the throne, secured Protestant succession through Sophia of Hanover's line, and required parliamentary approval for royal marriage or foreign policy commitments, further entrenching the chamber's influence in constitutional matters. During the , the number of peerages expanded modestly, with monarchs creating around 4 to 5 new titles annually from the late 1700s onward as rewards for political service, reflecting Enlightenment-era amid growing imperial and commercial interests, yet maintaining the Lords' aristocratic dominance. The chamber exerted conservative sway, often delaying or amending bills on , , and colonial administration to protect landed interests during industrialization. Tensions peaked with the , when the Lords initially rejected the bill to redistribute Commons seats and enfranchise middle-class voters, prompting widespread unrest and Grey's threat to create hundreds of pro-reform peers; facing this, sufficient lords abstained, allowing passage while preserving the upper house's absolute power. In the mid-19th century, the Lords' conservative resistance manifested in conflicts like the 1839 , where Queen Victoria's refusal to dismiss Whig ladies-in-waiting—many linked to Tory opposition in the Lords—thwarted Peel's ministry formation, underscoring the chamber's indirect influence via court and networks. The house repeatedly blocked or amended Liberal measures, such as Gladstone's 1868 Irish Church Disestablishment Bill, with Anglican bishops and lay peers mounting fierce opposition before eventual passage under threat of further Commons insistence, foreshadowing curbs on the veto in 1911.

20th Century Transformations

The fundamentally altered the House of Lords' legislative authority by eliminating its veto over money bills and substituting an absolute veto on other public bills with a delaying power of up to two years, applicable after passage by the in two successive sessions. This reform, enacted on 18 August 1911 following a constitutional standoff over the 1909 budget, compelled the Lords to transition from a co-equal veto-holding chamber to a primarily revisionary body, reflecting mounting democratic pressures to prioritize elected representation. The Parliament Act 1949 refined these limitations by shortening the Lords' delaying period to one year for most public bills, further entrenching their subordinate role in the legislative process. Passed amid Labour government efforts to expedite postwar reforms, the Act underscored the Lords' constrained capacity to obstruct initiatives, particularly on manifesto commitments, as later formalized in the . In the immediate postwar era under Clement Attlee's Labour administration (1945–1951), the Lords adhered to this revised framework by not blocking major nationalizations—such as those of coal (1946), railways (1947), and steel (1949)—or foundational welfare state measures like the National Insurance Act 1946 and National Health Service Act 1946, despite ideological opposition. Instead, the chamber focused on detailed scrutiny and amendments to refine implementation details, such as operational safeguards in nationalization schemes, thereby exercising influence within the bounds of their delaying powers rather than outright veto. The marked a compositional shift by authorizing the creation of non-hereditary life peers, enabling appointments based on expertise rather than and permitting female membership for the first time. Enacted on 30 April , this legislation gradually diluted hereditary peers' dominance—by the late , life peers constituted a growing proportion of the chamber, boosting average daily attendance from around 50 in the early to over 300 by the and enhancing deliberative expertise amid persistent calls for modernization.

Reforms from 1997 Onward

The Labour Party, upon winning the general election on 1 May 1997, pledged in its manifesto to modernize the House of Lords by removing the automatic right of hereditary peers to sit and vote, as the first stage of a broader reform process aimed at enhancing democratic legitimacy while preserving the chamber's revising role. This initial phase focused on curbing inherited privilege, which Labour argued lacked contemporary justification, though critics contended it risked undermining the Lords' accumulated expertise without introducing elections. The , receiving royal assent on 11 November 1999, implemented this by disqualifying all hereditary peers from membership except for 92 specified individuals: 75 elected by their fellow hereditary peers grouped by party affiliation, 15 office holders (such as the and ), and two royal office holders. The Act reduced the chamber's size from around 1,330 members in 1999 to approximately 666 by early 2000, shifting composition toward life peers appointed for expertise, though it deferred further changes amid internal Labour divisions and cross-party negotiations. In May 2000, established the independent to recommend non-partisan life peers for the crossbenches and vet all nominations for propriety, aiming to mitigate prime ministerial after controversies over Labour's rapid creation of 168 new peers between 1997 and 1999. The Commission, comprising seven members including a chair appointed by the , has since recommended over 60 independent peers while rejecting or querying nominations deemed unsuitable, though its advisory role limits enforcement against party political appointments. Subsequent efforts to introduce elected elements faltered. A 2003 proposed hybrid options, but the rejected all models in February 2003 votes, reflecting skepticism over balancing elections with expertise retention. The 2007 , published on 8 February, advocated a 50% elected chamber with 50% appointed, alongside a reduced size of 432–540 members and 15-year terms, but Commons votes in 2007 favored full election (305–267) without securing a simple majority for implementation, stalling progress due to unresolved disagreements on powers and primacy over the elected Commons. The 2010–2015 Conservative-Liberal Democrat coalition advanced bolder proposals via the House of Lords Reform Bill, introduced on 27 June , which envisioned an 80% elected chamber of 300 members serving non-renewable 15-year terms, with 20% appointed, transitioning fully by 2025 using open-list . The bill faced defeat after a record 91 Conservative rebels blocked a programme motion on 10 , citing fears of legislative from a rival elected body, estimated costs exceeding £100 million for elections, and dilution of the Lords' non-partisan expertise in favor of populist mandates. withdrew the bill on 6 August , highlighting coalition fractures and prioritizing stability over untested democratization. These failures underscored persistent tensions between democratic accountability and the chamber's value as an appointed body of specialists, with numbers rising to over 700 by amid ongoing appointments.

Developments in the

In the early , the House of Lords maintained its role as a revising chamber with occasional assertive of , exemplified by its rare rejection of secondary on 26 October 2015. The Lords approved a "fatal" motion against the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015, which would have reduced support for low-income families by £4.5 billion annually, marking the first such defeat on delegated since 1999 and prompting the to abandon the cuts via primary instead. During the Brexit process, the Lords contributed significantly to legislative refinement, tabling over 100 amendments to the European Union (Withdrawal) Act 2018 to safeguard retained EU rights, including protections against diminished environmental standards and human rights under the EU Charter. Although the Commons overturned most of these, such as those preserving the Charter's enforceability, several influenced the final Act, including enhanced parliamentary scrutiny mechanisms for future delegated powers. Concerns over the chamber's expanding size, which grew from approximately 750 members in 2010 to over 800 by 2017 due to prime ministerial appointments, prompted the Lord Speaker's Committee on the Size of the House, chaired by Lord Burns, to report in October 2017. The report proposed capping membership at 600 through a voluntary "two-out, one-in" system for new appointments, 15-year non-renewable terms for future peers, and incentives for retirements, without altering powers or requiring legislation. Party leaders endorsed the principles in 2018, leading to over 100 voluntary departures by 2021, though full implementation stalled amid disagreements on enforcement. The necessitated procedural adaptations starting in April 2020, with the Lords adopting hybrid sittings that combined physical and remote participation via video link, enabling continued business while accommodating vulnerable members. This format, which boosted speaking participation by 20-30% compared to pre-pandemic norms, persisted into 2021 before transitioning to optional hybrid elements. Following the Labour government's 2024 election victory, the House of Lords (Hereditary Peers) Bill was introduced in September 2024 to eliminate the remaining 92 hereditary peers' by-election rights and entitlements to sit, fulfilling a commitment to end hereditary legislative influence established under the 1999 reforms. The bill passed its stages by March 2025 and, as of October 2025, advanced through the Lords amid extended debates exceeding 40 hours, focusing on transitional arrangements without broader composition changes.

Constitutional Role and Powers

Legislative Functions and Limitations

The House of Lords functions primarily as a revising chamber within the UK's bicameral , scrutinizing and refining legislation passed by the elected to ensure its quality and coherence, without claiming primacy in law-making. It holds the power to , amend, and initiate non-financial public bills, contributing to the legislative through detailed work and floor debates. This role underscores its complementary position to the Commons, emphasizing expertise-driven revision over origination of policy, particularly for fiscal matters reserved to the under longstanding convention and . The fundamentally limited the Lords' veto authority, ending its ability to indefinitely block bills approved by the ; money bills, certified by the Speaker, become law without Lords consent if not passed within one month of Commons approval. For non-money public bills, the Lords can delay enactment, but the 1949 Parliament Act reduced this to one parliamentary session (approximately ), after which the Commons can proceed via certification, bypassing further Lords involvement. These acts, invoked seven times since 1911, affirm the ' ultimate in . By convention, the Salisbury-Addison Convention restrains the Lords from opposing at second or third reading government bills that fulfill manifesto commitments of the party commanding Commons confidence, facilitating passage even without a Lords majority for the government. Disagreements on amendments trigger "ping-pong," a iterative exchange where each house considers and responds to the other's changes until agreement or exhaustion of the delaying power under the Parliament Acts. In empirical terms, the Lords exercises its amending role extensively; in the 2016–17 session, it agreed to 2,234 amendments on government bills, averaging 89 per bill, demonstrating routine substantive input while respecting constitutional boundaries.

Scrutiny and Amendment Processes

The House of Lords conducts legislative scrutiny through a multi-stage process that emphasizes detailed examination and amendment of bills originating from the , leveraging members' specialized expertise to refine policy without the pressures of electoral politics. Bills undergo first reading (formal introduction), second reading (debate on principles), stage (line-by-line clause scrutiny, often in Grand Committee with evidence from experts), report stage (further amendments based on committee findings), and third reading (final debate). This process allows for committee reports that highlight deficiencies, such as inconsistencies with existing law or unintended consequences, prompting targeted revisions; for instance, scrutiny often identifies issues of compatibility with the , requiring interpretations under section 3 to align legislation with Convention rights where possible. Pre-legislative scrutiny occurs when the government publishes draft bills for review by Lords committees or joint committees, enabling early input to avert flaws before formal introduction; this has been applied to bills like those on data protection and , where committees recommend structural improvements based on stakeholder evidence. Post-legislative reviews, managed by committees or the dedicated Post-Legislative Scrutiny Committee, evaluate Acts three to five years after enactment, assessing implementation and effectiveness; since 2012, these have covered up to four Acts annually, producing reports that inform potential amendments or repeals. A practical example of the Lords' amending role is seen in the Police, Crime, Sentencing and Courts Bill 2021–22, where during report stage, peers proposed over 100 amendments, including safeguards on public order provisions to protect protest rights and Gypsy, Roma, and Traveller communities' lifestyles, some of which were accepted by the Commons after ping-pong exchanges, resulting in a more balanced final Act received royal assent on 28 April 2022. This iterative process demonstrates the chamber's function in mitigating hasty or overly broad drafting, as amendments addressed evidentiary gaps identified in committee deliberations, without overriding the elected chamber's will under the Parliament Acts 1911 and 1949.

Historical Judicial Responsibilities

The House of Lords functioned as the United Kingdom's highest domestic court of appeal for civil and criminal cases from , , and [Northern Ireland](/page/Northern Ireland) until 1 October 2009. Its judicial authority derived from ancient custom, but was regulated by statute to ensure consistency in appellate proceedings. The Appellate Jurisdiction Act 1876 formalized the Lords' appellate role by empowering the House to hear and determine appeals and establishing up to four Lords of Appeal in Ordinary—salaried, life peers appointed from senior judges or experienced barristers to assist in judicial business. Subsequent legislation expanded this to a maximum of 12 such Lords, known as Law Lords, who formed the core judicial committee, typically comprising five members for decisions, while other peers could participate but rarely did due to lack of specialized expertise. These appointments ensured the infusion of professional legal acumen into the upper chamber's deliberations, with Law Lords holding office until age 70 or 75, depending on appointment date, and receiving pensions upon . Prominent judgments from this era shaped principles; for instance, in AC 562, the House articulated the "neighbour principle," imposing a on manufacturers toward foreseeable consumers, thereby foundationalizing modern law. Other rulings addressed constitutional matters, contractual obligations, and , reinforcing the Lords' role as a final arbiter of legal interpretation across jurisdictions. Concerns over the fusion of legislative and judicial powers—where Law Lords could influence policy while adjudicating cases—prompted reform to bolster and public perception of impartiality. The abolished the office's judicial functions, creating the of the United Kingdom to assume appellate responsibilities effective 1 October 2009, with the 12 serving Law Lords transferring as its inaugural justices under new terms barring legislative participation. This separation aligned the UK more closely with explicit models elsewhere, without altering substantive law continuity.

Membership and Composition

Lords Spiritual

The Lords Spiritual comprise 26 senior bishops and archbishops of the who hold reserved seats in the House of Lords as ex officio members. This group includes the Archbishops of and , as well as the Bishops of , Durham, and , who occupy five automatic positions; the remaining 21 seats are allocated to other English diocesan bishops based on of appointment. Bishops vacate their seats upon reaching age 70 or ceasing to hold their diocesan office. The fixed total of 26 was established by legislation in 1847, which capped the number amid the creation of new bishoprics without expanding parliamentary representation. These clergy members embody the constitutional role of the established in a historically Christian , offering counsel informed by theological and ethical perspectives during legislative scrutiny. They open daily sessions with prayers and engage fully in debates and voting on secular matters, though they abstain from decisions on internal Church doctrine, which fall under bodies like the . As unwhipped independents, they prioritize broader societal interests over partisan alignment, often emphasizing human dignity, , and moral consistency rooted in Christian teachings. In an era of advancing —evidenced by the 2021 census showing 37.2% of residents reporting no —their direct influence on policy has diminished relative to elected or appointed peers. Nonetheless, they retain a distinctive voice in ethical controversies, such as opposition to and legislation; for instance, during second reading debates on the Terminally Ill Adults (End of Life) Bill on 19 September 2025, the argued that legalization would impose a "duty to die" on the vulnerable and fundamentally alter societal values. Similarly, in prior scrutiny of proposals, Lords Spiritual have cited risks of coercion and the sanctity of life as counterarguments to permissive reforms. Their interventions underscore a commitment to preserving protections against what they describe as the erosion of intrinsic human worth, distinct from transient political expediency.

Hereditary Peers

Following the House of Lords Act 1999, which removed the right to sit for most hereditary peers, 92 excepted hereditary peers were permitted to remain as a transitional measure, comprising 90 elected from party groups (42 Conservatives, 28 Crossbenchers, 3 Liberal Democrats, 2 Labour initially, adjusted over time) plus the hereditary holders of the offices of Earl Marshal and Lord Great Chamberlain. Vacancies among these elected peers in Conservative, Liberal Democrat, and Crossbench groups trigger by-elections conducted by eligible hereditary peers within the respective group, using the alternative vote system to select successors from the broader pool of hereditary peers not otherwise sitting. As of October 2024, 89 such peers sat, representing about 11% of the House. These peers maintain an average age of 69, younger than the House's overall median of 71, with many drawing on backgrounds in , commerce, and that contribute practical expertise untethered from short-term political incentives. Their composition, including 37% Crossbench independents, fosters detachment from electoral cycles and party discipline, enabling sustained scrutiny of based on and long-horizon perspectives rather than campaign pressures. Empirical data from 2019–2024 indicate comparable engagement to life peers: 49% attendance at sittings (versus 47%), 51% voting participation (versus 49%), and 64% serving on committees (versus 60%), underscoring their role in detailed legislative review despite fewer spoken contributions overall. This structure preserves a direct link to Britain's aristocratic traditions, where inherited positions historically ensured continuity in expertise accumulated across generations. In September 2024, the Labour government introduced the House of Lords (Hereditary Peers) Bill as its initial targeting the upper chamber, aiming to eliminate the sitting rights of these remaining peers and abolish by-elections, fulfilling a pledge to sever hereditary links to membership. If enacted, the would phase out the 92 slots upon vacancies, prioritizing removal of birthright-based representation while retaining current incumbents until retirement or death, though amendments in the Lords sought to accelerate or modify this process. Proponents argue this ends an anachronistic element, but data on peers' activity suggest the loss could diminish independent scrutiny capacities honed outside democratic electoral dynamics.

Life Peers and Appointments

Life peers constitute the largest category of members in the House of Lords, appointed for their individual lifetime to provide specialized expertise and diverse perspectives to legislative scrutiny. The authorized the creation of such peerages, granting recipients the right to sit and vote in the chamber without hereditary succession, extending beyond prior judicial appointments to include individuals from various professional backgrounds. This reform aimed to professionalize the upper house by injecting non-partisan knowledge, though appointments remain subject to prime ministerial nomination to the . Appointments occur on the advice of the , who holds primary discretion over political and working peers aligned with party affiliations, while the independent recommends non-party-political crossbenchers—typically around 180 in number as of 2025—to ensure independence from influence. The Commission also vets all nominations for propriety, including potential conflicts from political donations, but lacks veto power, allowing the to override recommendations or appoint directly. This process has enabled the influx of experts in fields like , , and , contributing to greater and ethnic diversity compared to the pre-1958 hereditary-dominated chamber, with women now comprising over 25% of life peers. However, the Prime Minister's unchecked has drawn criticism for politicizing appointments, often rewarding donors or loyalists rather than prioritizing merit-based expertise. In recent years, peers affiliated with major donations—totaling over £109 million from sitting members in the last —have exhibited notably low attendance, averaging 31 sitting days in 2022 for major donor appointees, raising questions about value for public cost. Such practices, evident in 2024 nominations scrutinized for donor ties, underscore the causal link between executive power and chamber inflation, with life peers driving total membership to 828 eligible sitters by October 2025—exceeding the ' fixed 650 seats and straining deliberative efficiency.

Qualifications, Exclusions, and Removal

Members of the House of Lords must be at least 21 years of age and hold citizenship of the , the , or a country to be eligible for membership. Individuals are disqualified from sitting if they are undischarged bankrupts or subject to other longstanding disqualifications, such as certain mental incapacity rulings. The House of Lords (Expulsion and Suspension) Act 2015 empowers the House to expel or suspend members for serious reasons, including breaches of its , criminal convictions resulting in imprisonment for more than one year, or other misconduct warranting permanent or temporary removal. This legislation addressed prior limitations where life peers could not be removed except through disclaimed peerages or death, enabling sanctions like expulsion for offenses such as false expenses claims or . Expulsions under the Act have been infrequent, reflecting the House's emphasis on self-regulation via its Commissioner for Standards, though investigations into improper conduct continue to arise. Voluntary retirement became possible under the , allowing peers to resign their membership by providing written notice to the Clerk of the Parliaments specifying an effective date, thereby facilitating orderly exits without compulsion. This provision has been used by dozens of peers since enactment, aiding efforts to manage chamber size amid criticisms of over-appointment. Anti-corruption measures gained prominence following the 2006 cash-for-honours inquiry, which examined allegations that secret loans to the Labour Party—totaling millions of pounds—were linked to nominations for life peerages by , prompting arrests including that of fundraiser Lord Levy but resulting in no convictions for honours trafficking. Perceptions of undue influence in appointments persist into the 2020s, with independent groups urging police probes into patterns of donations preceding peerages, underscoring ongoing scrutiny despite vetting by the . The 2015 Act's expulsion powers serve as a deterrent, enabling removal for proven impropriety beyond mere disqualification thresholds.

Operations and Procedures

Officers and Leadership

presides over sittings of the House of Lords, calling members to speak, maintaining order, and facilitating proceedings without a . The position, established under the to separate the presiding role from the , has been filled by election among members since 4 July 2006, when Baroness Hayman secured the first such vote via an alternative system requiring a . The Speaker serves a five-year term, renewable once, and also represents the House in external engagements. The Clerk of the Parliaments acts as the senior procedural adviser to the House, overseeing the tabling and record-keeping of bills, journals, and proceedings. Appointed by as head of the permanent administration, the Clerk functions as chief executive and accounting officer, managing expenditure, contracts, property, and staff on behalf of the House. The Leader of the House of Lords, appointed by the government as a Cabinet member, organizes the chamber's business, schedules debates, and steers government legislation through its stages. This role ensures coordination between the executive and the House while advising on procedural matters. Whips from each political party manage internal discipline, notifying members of forthcoming business and securing attendance for divisions, with government whips receiving salaries as Lords in Waiting or Captain of the Gentlemen at Arms. The Gentleman Usher of the (or Lady Usher) enforces security protocols, controls access to the chamber and precincts, and performs ceremonial duties such as summoning the Commons during the . This officer, a appointee reporting to the Clerk of the Parliaments, also handles contingency planning and order maintenance.

Daily Procedures and Discipline

The House of Lords convenes for debates without rigid time allocations for individual speeches, relying instead on members' self-restraint and the 's guidance to ensure orderly progression, in contrast to the ' frequent use of timers and interventions. General debates typically allow speakers to address the motion at length, with brevity expected for backbench interventions limited to around four minutes unless otherwise specified. The sub judice rule prohibits references to active or impending court cases to avoid prejudicing judicial proceedings, with the empowered to intervene if breached. Members attending sittings may claim a daily allowance of £371 as of April 1, 2025, taxable at their discretion but intended to cover incidental expenses without constituting a . This applies for days of parliamentary work in , with no reimbursement for overnight stays unless specified otherwise. Disciplinary measures emphasize maintaining decorum, with the House wielding powers under the House of Lords (Expulsion and Suspension) Act 2015 to suspend or expel members for serious misconduct, such as breaches of the . Suspensions can extend up to the end of a parliamentary session, while expulsions permanently bar return unless reappointed. The Conduct Committee investigates complaints, recommending sanctions ratified by the full House; for instance, peers have faced suspension for failing to register interests or engaging in inappropriate . To manage attendance and chamber space, members may apply for , voluntarily relinquishing the right to sit, vote, or claim allowances for a session or longer, typically for those with no intention of active participation. This mechanism, governed by standing orders, reduces the effective membership without formal expulsion and has been granted to dozens of peers in recent s to address overcrowding concerns.

Committees and Specialized Inquiries

The House of Lords conducts much of its investigative work through select committees, which are small, cross-party groups typically comprising 12 members appointed to examine , proposed , and actions in depth. These committees produce reports based on evidence from witnesses, site visits, and expert submissions, often influencing responses and policy development. Permanent select committees address ongoing thematic areas, such as the Science and Technology Committee, established to scrutinize advancements and challenges in those fields through targeted inquiries. Prior to Brexit in 2020, the European Union Committee and its sub-committees played a central role in reviewing EU legislation and proposals affecting the UK, conducting detailed analyses that informed parliamentary debates. Ad hoc committees are formed for specific purposes, including post-legislative scrutiny, where the House appoints temporary bodies annually to evaluate the implementation and outcomes of enacted laws, such as reviewing the Licensing Act 2003 in 2017. Between 2017 and 2020, the Liaison Committee led a comprehensive review of the Lords' investigatory and scrutiny framework, involving 23 oral evidence sessions and consultations that refined committee structures, prioritized inquiries, and enhanced coordination to better leverage peer expertise. This process resulted in streamlined operations, with reports more frequently shaping government white papers and policy adjustments. The cross-party composition of Lords committees, selected without strict party proportionality, fosters deliberation less constrained by electoral pressures than in the , enabling nuanced examinations of complex issues. Membership reflects diverse expertise among peers, reducing overt partisanship and emphasizing evidence-based recommendations.

Effectiveness and Impact

Empirical Measures of Legislative Influence

The House of Lords exerts measurable influence through extensive amendment activity on bills. In the 2016–17 parliamentary session, amendments tabled in the Lords altered an average of 25% of the lines of legislative text across bills, with some individual bills seeing up to 70% of their content revised. This revisionary role typically involves thousands of s per session, as members scrutinize detailed provisions often expedited in the Commons. Government defeats on amendments, while ultimately reversible under the , provide empirical indicators of the Lords' capacity to challenge executive proposals and prompt revisions. In the 2021–22 session, the Lords inflicted a record 128 defeats on the government, surpassing previous highs and reflecting intensified scrutiny amid policy controversies. Across the 2019–24 period, spanning multiple sessions under Conservative governments, defeats numbered in the dozens annually, with 91 recorded in the ongoing 2024–26 session under Labour as of October 2024. These instances rarely halt legislation outright but correlate with subsequent government concessions, as seen in adjustments to bills like the following multiple Lords reversals. Data from parliamentary analyses underscore the Lords' complementary scrutiny, where specialized expertise identifies technical flaws overlooked in the Commons' partisan process. Lords Library evaluations of the 2016–17 session highlight how such interventions reduced ambiguities in complex bills, with accepted amendments enhancing clarity and feasibility without derailing timelines. The chamber's non-elected status facilitates deliberate pacing, empirically linked to improved legislative outcomes by allowing time for external evidence and Commons reconsideration, thereby mitigating rushed errors evident in pre-Lords drafts.

Notable Achievements in Scrutiny

In October 2015, the House of Lords approved a "fatal" motion by 248 votes to 211 against secondary implementing £4.4 billion in cuts proposed in the Summer Budget, marking the first such defeat of government regulations since 1999 and compelling Chancellor to reverse the policy entirely in the Autumn Statement due to the ensuing political and constitutional pressure. This intervention preserved benefits for over 4 million working families, averting immediate financial hardship without infringing on primary . During passage of the Police, Crime, Sentencing and Courts Bill (enacted 2022), peers inflicted multiple defeats on provisions expanding police powers over protests, including rejecting suspicionless stop-and-search for protest-related items and narrowing the scope of offences for "" demonstrations, which forced the to concede amendments limiting overreach while retaining core operational enhancements for police.) These changes balanced public order needs against , as evidenced by the moderated final act's exclusion of the most expansive clauses initially proposed. In scrutinizing Brexit legislation, such as the European Union (Withdrawal) Act 2018, the Lords secured government acceptance of amendments protecting EU citizens' settled status rights and embedding parliamentary approval mechanisms for future trade deals, thereby mitigating risks of executive overreach in negotiations and ensuring reciprocal safeguards for 3 million UK residents in the EU. Amid 2025 welfare reform debates, Lords scrutiny of the Universal Credit and Personal Independence Payment changes prompted concessions, including freezes on health element reductions for existing disabled claimants and enhanced transition protections, as acknowledged in July sessions where peers highlighted implementation flaws leading to real-terms cuts of up to £500 annually otherwise. These adjustments addressed vulnerabilities in the bill's original framework without derailing fiscal objectives. The Lords also refined the through committee-stage amendments clarifying judicial declarations of incompatibility and bolstering ministerial statements on compatibility, establishing procedural checks that have since constrained arbitrary state actions in over 30 cases by requiring explicit parliamentary responses to rights conflicts.

Comparative Advantages Over Elected Chambers

The appointed nature of the House of Lords insulates its members from electoral pressures, enabling greater independence in scrutinizing legislation compared to elected upper chambers where re-election incentives foster partisanship and short-term . In the US Senate, all 100 members align with major parties and face six-year election cycles that encourage procedural tactics like abuse to appease bases, resulting in over 500 filibusters against nominations between 2009 and 2017 alone; the Lords, lacking such mechanisms and with a significant crossbench of independents, avoids equivalent obstruction while still amending bills on merit. Elected upper houses empirically demonstrate heightened gridlock risks absent in appointed models like the Lords. Australia's directly elected has repeatedly stalled reforms, as in 2016 when threatened an early over labor bills blocked by minor parties holding balance of power post-proportional representation elections. Similarly, Canadian reform debates under former warned that electing senators would mirror US-style deadlocks, a concern validated by the in 2014, which struck down partial election plans citing potential for inter-chamber paralysis without . This structure preserves policy stability by prioritizing expertise over voter appeal, countering criticisms of undemocratic composition through the elected ' ultimate primacy under the , which limits Lords delays to one year for non-money bills. Appointed peers, often drawn from professional fields, contribute specialized scrutiny without the median-voter distortions of elections, fostering causal continuity in governance that elected systems disrupt via frequent turnovers and ideological polarization.

Criticisms and Defenses

Arguments on Democratic Legitimacy

Critics of the House of Lords argue that its unelected nature undermines democratic legitimacy, as members lack a direct mandate from voters and cannot be held accountable through elections, rendering the chamber subordinate in authority to the elected yet insufficiently representative. This structure, they contend, facilitates , with prime ministers exercising unchecked to appoint peers, often rewarding political donors, allies, or party loyalists, as evidenced by controversies over Boris Johnson's 2020 nominations and resignation honours list in 2022. Left-leaning advocates, including elements within the Labour Party, prioritize to align the upper house with democratic principles, asserting that only elected bodies possess inherent legitimacy to scrutinize legislation. Defenders counter that democratic legitimacy need not derive solely from elections, particularly for a revising chamber designed to provide expertise and sober reflection rather than popular mandates, which could exacerbate partisanship or short-term as observed in elected upper houses like the U.S. . The Lords' appointed members, drawn from diverse professional backgrounds including , , and , offer specialized knowledge that complements the Commons' electoral focus, fostering independence from electoral cycles and enabling effective scrutiny without the risk of deadlock between equally legitimate elected bodies. Conservative perspectives valorize the chamber's roots in and inheritance—retained for 92 hereditary peers post-1999 reforms—as stabilizing elements that preserve institutional wisdom over transient majorities, arguing that unelected expertise has historically refined legislation without claiming co-equal power. Public opinion reflects ambivalence, with polls indicating broad dissatisfaction with the status quo but no consensus on elections as the solution. A YouGov survey in October 2024 found 55% of Britons favoring a fully elected upper house, though only 14% viewed the Lords positively overall. The UCL Constitution Unit's June 2025 YouGov poll revealed overwhelming support (around 70%) for reforms like membership caps and age limits to enhance legitimacy, yet mixed views on wholesale election, with 60% backing the government's plan to remove remaining hereditary peers while calling for curbs on prime ministerial appointments to mitigate patronage concerns. These findings suggest public preference for bolstering accountability through non-electoral means, recognizing the value of expertise amid critiques of democratic deficits.

Concerns Over Size, Cost, and Patronage

The House of Lords' membership exceeded 850 peers in 2025, surpassing the 650 seats in the elected House of Commons and prompting concerns over inefficiency and dilution of expertise. This growth stems primarily from prime ministerial nominations, with 784 life peers appointed since 1958, many under recent governments' expansive use of patronage powers. Critics argue the chamber's scale hampers effective deliberation, as average daily attendance hovers around 400-470 eligible members despite the total roster. Operational costs add to these critiques, with the House's administration and member allowances totaling over £100 million annually, including daily attendance payments of £371 from April 2025 for participating peers. Some peers, particularly those elevated via political donations, exhibit low engagement; for instance, analysis in 2025 revealed donor appointees who contributed minimally to debates yet claimed significant allowances, fueling perceptions of rewarded inactivity. Historical cash-for-honours investigations, such as the 2006-2007 probe into Labour loans linked to peerages and 2021 calls for scrutiny of Conservative awards, underscore risks of in appointments. Patronage concerns extend to demographic imbalances, with women comprising only 31% of members in 2025, though this marks gradual improvement from prior decades. Low attendance rates—averaging 47% for life peers—are cited as evidence of underutilization, yet defenders note similar variability in participation occurs in other legislatures and does not negate the chamber's output. Counterarguments highlight mechanisms to mitigate expansion, such as voluntary introduced in , which has enabled over 100 peers to step down, modestly curbing net growth without mandatory caps. Proponents contend the Lords' value—evident in thousands of amendments annually that refine —outweighs expenses, providing specialized scrutiny unavailable in the .

Responses Highlighting Expertise and Stability

The expertise resident in the House of Lords derives substantially from its members' prior professional accomplishments, including service as senior judges, , , and business executives, which facilitate rigorous technical scrutiny of often absent in elected bodies focused on partisan contestation. Approximately 27% of peers enter with backgrounds in representational , supplemented by domain-specific that enhances amendment precision, such as clarifying ambiguities and refining implementation. This experiential depth yields amendments that prioritize substantive improvements over ideological posturing, as evidenced by the chamber's consistent in elevating legislative drafting quality through iterative revisions at stages. Post-1999 reforms, which curtailed hereditary representation, have augmented the chamber's independence by emphasizing appointed life peers selected for merit, thereby debunking claims of inherent obsolescence and bolstering its capacity for detached analysis free from electoral mandates. Empirical assessments affirm this evolution, noting the Lords' superior reliability in sustaining scrutiny post-elections compared to the , where disruptions delay operations and dilute oversight. Such structural fosters higher-caliber interventions, with peers leveraging accumulated to probe executive proposals more effectively than time-constrained novices. The unelected composition instills systemic stability by mitigating the risks of policy oscillation driven by electoral cycles, enabling a deliberative that tempers hasty or populist measures without precipitating . This arrangement echoes conservative principles favoring inherited wisdom and gradual evolution over volatile , as articulated in defenses of the British constitution's mixed elements that averted the destabilizing excesses of fully representative assemblies elsewhere. By insulating from short-term partisan pressures, the Lords promotes causal continuity in governance, where long-horizon expertise safeguards against reversible errors that elected duplicates might amplify through mutual vetoes or synchronized fervor.

Reform Debates and Proposals

Historical Reform Efforts

The curtailed the House of Lords' legislative powers by eliminating its veto over money bills and replacing its absolute veto on other public bills with a maximum delay of two parliamentary sessions over two years. This reform followed the Lords' rejection of David Lloyd George's 1909 budget, triggering two general elections in 1910 and a resolved by King George V's threat to create sufficient Liberal peers to pass the bill. The Act passed on 10 August 1911, marking the first statutory limitation on the Lords' authority but leaving its composition unchanged. The Parliament Act 1949 further restricted the Lords by reducing the delay period for non-money bills to one year, achieved through the 1911 procedure without the upper house's consent. Introduced by the Labour government under , it aimed to expedite legislation amid post-war reforms, though the Lords initially rejected it before acquiescing under procedural pressure. These power curbs represented incremental adjustments rather than comprehensive overhaul, preserving the chamber's delaying role while subordinating it to the Commons. In 1968, Prime Minister Harold Wilson's Labour administration proposed a bill to abolish the voting rights of all but about a dozen hereditary peers—selected by their peers—and shorten the Lords' delaying power to six months. Drawing from a 1968 , the measure sought to modernize membership by emphasizing life peers and expertise over . However, the bill collapsed in February 1969 due to a Commons backbench revolt, with Conservatives and some Labour rebels opposing provisions for whipping sanctions on dissenters, highlighting intra-party fractures over potential loss of the Lords' independent scrutiny. The , enacted under Tony Blair's Labour government, removed the sitting and voting rights of most hereditary peers, reducing their number from over 750 to 92 elected transitional members. Passed on 11 November 1999 as the "first stage" of reform, it shifted composition toward appointed life peers without addressing elections or further powers, leaving broader restructuring unresolved amid manifesto pledges for a democratic second chamber. The 2012 House of Lords Reform Bill, proposed by the Conservative-Liberal Democrat coalition, envisioned an 80% elected chamber of 300 to 450 members serving 15-year terms, with 20% appointed. Despite passing second reading in the by 26 votes on 10 2012, it faced 91 Conservative rebels, leading to the government's withdrawal of a programme motion and abandonment of the bill in August 2012. Opposition stemmed from concerns over electoral costs exceeding £100 million initially, threats to Commons primacy, and risks of rival legitimacy or federal-style dynamics in a . Historical efforts reveal recurring stalls from cross-party resistance, often prioritizing retention of specialized knowledge against fears of politicization or procedural upheaval, as evidenced by multiple abandoned composition overhauls post-power limitations.

Key Contemporary Proposals (2010s–2025)

In October 2017, the Lord Speaker's Committee on the Size of the House of Lords, chaired by Lord Burns, published a report recommending a voluntary scheme to cap membership at 600 peers through a "two-out, one-in" , alongside 15-year fixed terms for future appointments and proportional reductions across party groups. The proposal aimed to address the chamber's growth beyond 800 members since 1999 but relied on cross-party agreement without statutory force, leading to limited retirements of around 30-40 peers annually in subsequent years. The Labour Party's 2024 manifesto outlined reforms including the removal of remaining hereditary peers—approximately 92 at the time—and a proposed age of 80 for life peers to reduce size and patronage. Following Labour's July 2024 victory, the government introduced the House of Lords (Hereditary Peers) Bill in September 2024, which passed its second reading in the on 15 October 2024 without division. The bill advanced through Commons stages by early 2025 but faced Lords amendments at report stage on 2 and 9 July 2025, including provisions to end hereditary by-elections immediately and constrain future vacancies; the Lords completed consideration on 21 July 2025, prompting Commons review of amendments in September 2025. By January 2025, discussions emerged on negotiating size reductions without additional legislation, as the initial age-80 cap faced resistance and was not pursued in the bill. The has advocated since the 2010s for replacing the Lords with a smaller, partially or fully elected second chamber using , citing democratic deficits, though such ideas garnered minimal support from major parties and remained outside mainstream policy. Public opinion polls in 2024-2025 indicated strong backing for reforms exceeding hereditary peer removal, with a June 2025 YouGov survey for UCL's Constitution Unit finding 68% support for capping overall membership at 600 or fewer and limiting prime ministerial appointments, alongside 58% favoring an elected element. A July 2025 poll echoed that 62% viewed hereditary expulsion alone as insufficient, favoring broader constraints on size and tenure.

Balanced Evaluation of Reform Arguments

Reform proponents argue that curbing prime ministerial appointments would diminish risks of patronage and corruption, as evidenced by Transparency International UK's analysis of 284 political party nominations from 2013 to 2023, where 68 (one in five) went to donors, recommending statutory limits on appointments to mitigate undue influence. Similarly, capping membership—currently exceeding 800, the largest upper legislative chamber globally—could enhance operational efficiency by reducing overcrowding and attendance burdens, aligning with recommendations from the 2017 Lord Burns committee and public surveys favoring parity with the House of Commons' size. These measures, advocates claim, address verifiable inefficiencies without necessitating full elections, though critics of such incrementalism, often from abolitionist perspectives, contend that unelected elements inherently perpetuate elite capture regardless of tweaks. Opponents of radical reform, particularly democratization via elections, highlight empirical risks of heightened partisanship and gridlock, drawing on the U.S. Senate's experience where equal state representation and six-year terms have fostered filibuster-induced stalemates, passing major legislation in only 2% of sessions from 2017–2021 amid polarization. In a context, an elected Lords could erode the chamber's deference to the elected , potentially mirroring bicameral deadlocks seen in federal systems rather than enhancing scrutiny, as the current appointed structure's independence from electoral pressures enables resistance to transient majorities or policy fads. Data post-House of Lords Act 1999, which removed most hereditary peers, substantiates this stabilizing role: government defeats averaged 44.4 annually from 1999–2009 versus 17.5 from 1989–1999, with Lords amendments influencing policy in over 50% of cases, indicating strengthened, non-partisan review without abolishing expertise from life peers and residual hereditaries. Empirically, while patronage concerns warrant targeted controls, wholesale lacks causal evidence of superior outcomes over the post-1999 hybrid model, which has empirically boosted legislative amendments and defeats—406 unique instances tracked from 1999–2015, many yielding concessions—while avoiding the ideological volatility of elected bodies. Abolitionist arguments, prevalent in certain ideological circles, prioritize abstract democratic legitimacy but overlook data-driven defenses of the Lords' expertise-driven stability, as in fields like and where peers' independence has checked poorly drafted bills, suggesting incremental caps and vetting suffice over disruptive overhauls. Thus, reform's net value hinges on preserving causal checks on executive overreach, evidenced by sustained gains since 1999, against unproven gains from politicized alternatives.

References

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