§ The Lord Privy Seal (Baroness Jay of Paddington)My Lords, I beg to move the Motion standing in my name on the Order Paper. As your Lordships will be aware, this gives effect to the decisions taken by your Lordships' House on Thursday on the basis of the Procedure Committee Report.
§ Moved, That the Standing Orders relating to public business be amended as follows-
§ After Standing Order 8
§ Insert the following new Standing Orders:
§ 8A.—(1) In implementation of section 2 of the House of Lords Act 1999, this Standing Order makes provision for hereditary peers who are excepted from section 1.
§ (2) The excepted hereditary peers shall consist of the following categories:
- (i)
- (a) 2 peers elected by the Labour hereditary peers;
- (b) 42 peers elected by the Conservative hereditary peers;
- (c) 3 peers elected by the Liberal Democrat hereditary peers;
- (d) 28 peers elected by the Cross-bench hereditary peers;
- (ii) 15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require; and
- (iii) any peer holding the office of Earl Marshal or performing the office of Lord Great Chamberlain.
§ (3) Elections shall be conducted in accordance with arrangements made by the Clerk of the Parliaments.
§ (4) In order to stand for election or qualify as an elector under paragraph (2)(i), a peer must register with the Clerk of the Parliaments, identifying the party or Cross-bench group to which he belongs. In order to stand for election under paragraph (2)(ii), a peer must register separately with the Clerk of the Parliaments. A peer may not stand for election nor vote if he has not taken the Oath or is on Leave of Absence.
§ (5) In the event of a tie between two or more candidates standing in any of the elections held in accordance with paragraph (2), the matter (if not resolved by the electoral arrangements adopted by the House) shall be decided by the drawing of lots.
§ (6) The Clerk of the Parliaments may refer any question concerning the propriety of the electoral process to the Committee for Privileges.
§ (7) In the event of a vacancy occurring at any time up to the end of the initial period through death among the peers elected in category (2)(i) or (2)(ii), the vacancy shall be filled by the nearest runner-up in the relevant election under paragraph (2) who both wishes to fill the vacancy and is otherwise available. The provisions of paragraph (5) are applicable for this purpose. If no such runner-up is available, the House shall decide how the vacancy shall be filled.
§ (8) In this Standing order and in Standing Order 8B the end of "the initial period" is the end of the first session of the next Parliament after that in which the House of Lords Act 1999 is passed.
§ 8B.— (1) In implementation of subsection (4) of section 2 of the House of Lords Act 1999, this Standing Order makes provision for by-elections to fill vacancies occurring by death among excepted hereditary peers after the end of the initial period.
1292§ (2) In the event of the death of a hereditary peer excepted under Standing Order 8A(2)(i) only the excepted hereditary peers in the group in which the vacancy has occurred shall be entitled to vote.
§ (3) In the event of the death of a hereditary peer excepted under Standing Order SA(2)(ii) the whole House shall be entitled to vote.
§ (4) The provisions of paragraphs (2) and (3) shall apply also in the case of any subsequent by-elections.
§ (5) The Clerk of the Parliaments shall maintain, and publish annually, a register of hereditary peers (other than peers of Ireland) who wish to stand in any by-election.
§ (6) By-elections shall be conducted in accordance with arrangements made by the Clerk of the Parliaments and shall take place within three months of a vacancy occurring.
§ (7) Paragraphs (5) and (6) of Standing Order 8A shall apply to by-elections under this Standing Order.— (Baroness Jay of Paddington.)
§ On Question, Motion agreed to.