§ 1. Your Lordship will be aware that during the course of the last Parliament a Select Committee of the House of Lords sat under the chairmanship of Lord Swinton to consider the powers of the House in relation to the attendance of its Members. The Swinton Committee reported on the 24th January, 1956, and its Report was considered and its conclusions relating to the attendance of Members were approved by the House on the 10th December, 1957.
§ 2. The Swinton Committee considered, among other things, the nature of the Writ of Summons which is addressed on the summoning of each new Parliament to every Lord entitled to sit and vote in the House of Lords and the rights and duties that arise upon it: and their Report enumerated and described in detail the powers of the House in relation to the attendance [...] Members. The Committee found that beyond doubt the words of the Writ of Summons impose a duty of attendance in Parliament on each Lord to whom it is addressed, but that the House itself has the power both of compelling and of excusing attendance. The Committee noticed that the House has concerned itself with the problem of attendance on a great many occasions in the last few centuries, and that neither of these powers has lapsed through desuetude.
§ 3. The Swinton Committee reported that they felt bound to recognise that of the large number of Members of the House of Lords there are many who are unable to attend "either because they are fully occupied with other important duties, or because they feel themselves unfitted for parliamentary work, or by reason of age, health or expense". The Committee expressly disclaimed any intention to criticise Members of the House who are unable to attend, and suggested that many Members are unaware of their existing right to apply for leave of absence, still less of the consideration that they might be said to be under a duty to do so. The Committee were therefore concerned to indicate arrangements whereby Lords who are unable to attend the House can be relieved, without loss or diminution of their rights, of the obligation imposed on them by the Writ of Summons. They took the view that Members of the House would readily conform to arrangements of this kind.
§ 4. When the Committee's conclusions were approved by the House, a further Select Committee on Leave of Absence was appointed to draft a new Standing Order on the lines 4 indicated in the Swinton Report. And on the 16th June, 1958, the House adopted a new Standing Order (Leave of Absence) of which I enclose a copy.
§ The Standing Order directs that, on the issue of writs for the calling of a new Parliament, the Lord Chancellor shall in writing request every Lord to whom he issues a writ to answer whether or not he wishes to apply for leave of absence. Your Lordship is accordingly requested on the receipt of this letter to complete the enclosed form and return it to the Clerk of the Parliaments in the accompanying envelope.
§ Leave of absence may be applied for now either for the forthcoming Session or for the whole of the forthcoming Parliament. It will also be noted that the Standing Order provides that a Lord may apply for leave of absence at any time during a Parliament, either for the remainder of the Session in which the application is made, or for the remainder of the Parliament.
§ Your Lordship will further observe that the terms of the Standing Order indicate that Lords who have been granted Leave of Absence are expected not to attend the sittings of the House until their leave has expired or has sooner ended, except for the purpose of taking the Oath of Allegiance. It is open to any Lord who has obtained leave of absence to terminate it on giving at least one month's notice to the Clerk of the Parliaments; the House itself may terminate it at shorter notice.
§ 5. Finally, I believe that it might be convenient to your Lordship if I quote the following passage from the Report of the Select Committee on Leave of Absence (paragraph 4):—
§ "The Committee have given much consideration to the question of whether there should be a closer definition of 'regular attendance'. The Committee considered that this was neither possible nor desirable. They recognise that this must be a matter for individual interpretation. But in framing the Standing Order the Committee have taken account of the position of Peers who are engaged whole time in the professions and in industry and of others who have extensive commitments in local government or in other voluntary work. They realise that these are unable to devote more than a partial service to the House. They recall that such Peers have in the past made valuable contributions, based on their own knowledge and experience, to the work of the House in debates, in the revision of Bills and in Private Bill and other Select Committees. They believe that the House would be reluctant to lose the services of such Peers and that Peers in this position need not feel themselves under any obligation, in consequence of their inability to attend regularly, to apply for leave of absence."
§ I am, My Lord,
§ Your Lordship's Obedient Servant,
§ KILMUIR.
§ C.