The King's Speech: Removal of Peerages Bill

[Jonathan]

Yesterday's King's Speech contained the following:

"Alongside strong public services and a strong economy, the highest standards of trust in public office are essential for the social contract and the United Kingdom’s collective security. My Government will introduce the Hillsborough Law to bring forward a duty of candour for public servants [Public Office (Accountability) Bill]. My Ministers will also introduce legislation to enable peerages to be removed [Removal of Peerages Bill]. My Government will bring forward proposals that strengthen the delivery, accountability, innovation and productivity of the Civil Service. These proposals will also seek to safeguard its impartiality and core values, to enhance trust and confidence in the institutions of government."

It seems as if this is intended to remove peegages completely, not just to expel the holder from the House of Lords. It will be interesting to see details of the forthcoming bill.

[cb]

One cannot help but wonder if fraternal jealousy is clouding this matter.

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[malcolm davies]

There is an article in this week ‘s Spectator by Toby Young which is worth reading.

As to the bill itself, the King’s speech refers to giving power to remove peerages.Presumably this power will be given to the House of Lords.

It is worthwhile noting that s1 of the House of Lords(Hereditary Peers) Act 2026 specifically excludes the House of Lords from dealing with hereditary peers.For that position to change s1 will need to be repealed.That means that Andrew Mountbatten-Windsor will remain Duke of York( all that has happened so far is that he has been removed from the Roll of the Peerage,an act of dubious legality).

[Jonathan]

I don't see why the power will necessarily lie with the House of Lords. I would have thought it will ultimately be up to the government to decide to remove a peerage, on advice from a committee similar to the forfeiture committee for honours. The House of Lords already has powers to expel members in certain circumstances, although their retain their peerages. It will indeed be interesting to see how the law will apply to hereditary peerages.

[S. S.]

The thing is though that peerages cannot be removed by a committee's recommendation. You'd have to pass an Act of Parliament to remove a peerage each time right? 

S.S.

[colinp]

The Removal of Peerages Bill will be the Act that enables the removal and will set up a process for doing that. Presumably it will work as an enforced disclaimer so that the peerage will continue once the removed peer is dead.

[Ivan Prekajski]

They will remove all surviving peerage in general or just from upper house?

[S. S.]

Well, judging by the language of what was said, they would aim to remove peerages from people in general, regardless of whether they were/are members of the House of Lords. I would presume they would limit it in practice but that opens another can of worms. Do they start removing peerages from those whose ancestors had rather shoddy pasts? Or do they stick to only members of the Lords? Time will tell. 

S.S.

[Jonathan]

Ivan: this Bill relates mainly to instances of life peers who have either committed serious crimes or otherwise brought the system into disrepute through their behaviour (the prime example of the latter, in the minds of those supporting this bill, being Lord Mandelson). There are already laws allowing members of the House of Lords to be suspended or expelled; however, they retain their titles. The idea is that peers could also have their titles removed, so Mandelson would revert to being Mr Peter Mandelson. As S. S. points out, this usually requires a specific Act of Parliament for each peerage removed, so the question is whether a general Act could be passed so that a simple process can then be used to remove a title.

It is not clear whether this is intended to apply also to hereditary peers. I suspect not, as hereditaries will no longer be in the public eye, so I am expecting the Bill only to apply to life peerages, but we shall see.

[Ivan Prekajski]

Thank you Jonathan for explaining this to me. I didn't understand what was behind this law.