Keenan and Riches’BUSINESS LAW

Chapter 2Law making

17

Labour Party manifesto

House of Lords Bill and White

Paper Modernising Parliament –

Reforming the House of Lords

House of Lords Act

Royal Commission under the

chairmanship of Lord Wakeham

Independent Appointments

Commission

Government White Paper

The House of Lords – Completing

the Reform

Public Administration Select

Committee Report The Second

Chamber: Continuing the Reform

Joint Committee on House of

Lords Reform

First Report

Joint Committee on House

of Lords Reform

Second Report

Department for Constitutional

Affairs Consultation Paper

A Supreme Court for the United

Kingdom

Department for Constitutional

Affairs Consultation Paper

Next Steps for the House of

Lords

Government Announcement

Constitutional Reform Act

Implementation of the Act

Government White Paper:

The House of Lords: Reform

Free vote in the House of

Commons and House of Lords

Government White Paper:

An Elected Second Chamber;

Further Reform of the House

of Lords

Supreme Court

Commitment to remove the voting rights of hereditary peers.

First stage of reform – Bill to remove the right of hereditary peers to sit and vote,

White Paper set out next stages including reformed arrangements for nominating

life peers and appointment of a Royal Commission.

Removed the right of most hereditary peers to sit and vote in the House of Lords.

92 hereditary peers were allowed to remain until the House was fully reformed.

Made recommendations about the composition, role and functions of a reformed

second chamber. These included the creation of a 550-member House, with

majority of members appointed (not elected) by an independent statutory

Appointments Commission. It would have a revising and advisory role.

First round of appointments of non-party members of the House made by

Independent Appointments Commission, reducing the Prime Minister’s powers

of patronage.

Broadly endorsed the Wakeham Report, agreeing that the second chamber

should be largely nominated and there should be a statutory Independent

Appointments Commission. However, it proposed a larger membership (600), a

slightly higher proportion of elected members and no role for the Appointments

Commission in party political affiliated members.

Recommends a 60% elected House, statutory Appointments Commission

responsible for 40% appointed members: 20% party political, 20% independent.

Government’s response proposes setting up a Joint Committee of both Houses

to consider the role and function of the second chamber and to bring forward

proposals on composition on which both Houses could vote.

Recommends little change to role and function of the House. Sets out seven

options for composition ranging from 100% elected to 100% appointed. No

clear majority for any of the options in the Commons’ votes, Lords vote for

wholly appointed House.

Second Report sets out areas where progress may be possible, e.g. thestatus of

the Appointments Commission, and asks guidance from the government and

then Parliament on the future direction of their work.

Government proposes establishing a Supreme Court to replace the Law Lords

sitting as a committee of the House of Lords. Members of the new court would

cease to sit and vote in the House of Lords.

Government proposes as next stage of reform to remove the remaining

hereditaries from the Lords, to place the Appointments Commission on a

statutory footing, to provide for disqualification of members convicted of

offences, to allow the Prime Minister to make up to five ministerial appointments

to the Lords and to allow life peers the right to renounce their peerage.

Government announces that it does not intend to proceed with legislation to enact

proposals in the September 2003 Consultation Paper.

The Act receives the Royal Assent. It reforms the role of the Lord Chancellor,

establishes an independent Supreme Court, creates a Judicial Appointments

Commission and enshrines the concept of judicial independence in legislation.

From 3 April there are new roles for the Lord Chancellor and Lord ChiefJustice

and the new Judicial Appointments Commission starts work.

The White Paper sets out the arguments for and against various aspects of

reform to inform a free vote in both Houses.

There is a majority in the Commons for 2 options: 80% elected and 100%

elected second chamber. The Lords voted for a fully appointed second house.

The White Paper sets out the government’s proposals for a reformed second

chamber based on the Commons’ vote for an 80% or 100% elected second

chamber.

The new Supreme Court is expected to open for business in the refurbished

Middlesex Guildhall.

1997

January

1999

November

1999

2000

April 2001

November

2001

February

2002

December

2002

April 2003

July 2003

September

2003

March

2004

March

2005

April

2006

February

2007

March

2007

July

2008

October

2009

Figure 2.1Reform of the House of Lords since 1997