House of Lords

==Membership==
{{Peerage}}

===Lords Spiritual===
{{Main|Lords Spiritual}}

Members of the House of Lords who sit by virtue of their ecclesiastical offices are known as Lords Spiritual.<ref>{{cite web|url=http://www.parliament.uk/site-information/glossary/lords-spiritual-and-temporal/|title=Lords Spiritual and Temporal|publisher=[[Parliament of the United Kingdom]]}}</ref> Formerly, the Lords Spiritual were the majority in the English House of Lords,<ref name=shell1>[[#Shell|Shell]] (2007), p. 54.</ref> comprising the church's [[archbishop]]s, (diocesan) bishops, [[abbot]]s, and those [[Prior (ecclesiastical)|prior]]s 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 [[Archbishop of Canterbury|Canterbury]] and [[Archbishop of York|York]], the Bishops of [[Bishop of London|London]], [[Bishop of Durham|Durham]] and [[Bishop of Winchester|Winchester]] (who sit by right regardless of seniority), and the 21 longest-serving archbishops and bishops from other [[diocese]]s in the Church of England<ref>[[#Shell|Shell]] (2007), p. 53.</ref> (excluding the dioceses of [[Diocese of Sodor and Man|Sodor and Man]] and [[Diocese of Gibraltar in Europe|Gibraltar in Europe]], as these lie entirely outside the United Kingdom).<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2001/en/ukpgaen_20010013_en_1|title=Explanatory Notes to The House of Commons (Removal of Clergy Disqualification) Act 2001|publisher=[[Office of Public Sector Information]]|location=London, United Kingdom|access-date=5 September 2009|date=21 May 2001}}</ref> 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 [[Disestablishment of the Church of Ireland|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 [[Disestablishment of the Church in Wales|disestablished]] in Wales.<ref>[[#Shell|Shell]] (2007), p. 55.</ref> 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]], [[List of chief rabbis of the United Hebrew Congregations|Chief Rabbi]] of the [[United Synagogue]] (the largest organisation of [[Orthodox Judaism|Orthodox Jewish]] congregations in Britain) was appointed to the House of Lords (with the consent of [[Elizabeth II|Queen Elizabeth II]], who acted on the advice of Prime Minister Margaret Thatcher), as was his successor Chief Rabbi [[Jonathan Sacks]].<ref>{{cite web|url=http://www.chiefrabbi.org/ReadContent1849.aspx |title=Biography of the Chief Rabbi |publisher=Office of the Chief Rabbi |location=London, United Kingdom |access-date=16 November 2009 |url-status=dead |archive-url=https://web.archive.org/web/20091001042614/http://www.chiefrabbi.org/ReadContent1849.aspx |archive-date=1 October 2009}}</ref> [[Julia Neuberger]] is the senior rabbi to the West London Synagogue. In recognition of his work at reconciliation and in the [[Northern Ireland peace process|peace process]] in [[Northern Ireland]], the [[Archbishop of Armagh (Church of Ireland)|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.

There have been no Roman Catholic clergy appointed, though it was rumoured that Cardinal [[Basil Hume]] and his successor Cardinal [[Cormac Murphy O'Connor]] were offered peerages by [[James Callaghan]], Margaret Thatcher and Tony Blair respectively, but declined.{{clarify|date=January 2022}} [[Cardinal (Catholic Church)|Cardinal]] Hume later accepted the [[Order of Merit (Commonwealth)|Order of Merit]], a personal appointment of Queen Elizabeth II, shortly before his death. Cardinal Murphy O'Connor for his part said he had his [[maiden speech]] ready, but ultimately did not accept a peerage. Future appointments of Catholic clergy to the Lords is unlikely, as since the promulgation of the [[1983 Code of Canon Law|1983 ''Code of Canon Law'']], all Catholic clergy of the [[Latin Church]] have been [[Catholic priests in public office|discouraged from holding secular public office]], and all [[secular clergy|diocesan priests]] and bishops have been completely prohibited from it (excepting only political offices of the [[Vatican City|Vatican City State]]).<ref>{{cite web |title=THE OBLIGATIONS AND RIGHTS OF CLERICS |url=https://www.vatican.va/archive/ENG1104/_PY.HTM |work=Code of Canon Law - IntraText |publisher=[[Libreria Editrice Vaticana]]}}</ref>

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).<ref name=shell1/> They often speak in debates; in 2004 [[Rowan Williams]], the Archbishop of Canterbury, opened a debate into sentencing legislation.<ref name=shell1/> [[List of Church of England Measures|Measures]] ([[Bill (proposed law)|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.<ref name=shell1/>

===Lords Temporal===
{{main|Lords Temporal}}

====Hereditary peers====
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 [[crossbencher]]s. Originally, the Lords Temporal included several hundred hereditary peers (that is, those whose peerages may be inherited), who ranked variously as [[duke]]s, [[marquess]]es, [[earl]]s, [[viscount]]s, and [[baron]]s (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 [[peerage of Scotland|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 [[List of Scottish representative peers|Scottish representative peer]]s 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 [[List of Irish representative peers|Irish representative peer]]s, 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#England|Earl Marshal]] and the [[Lord Great Chamberlain]]. Of the [[List of hereditary peers elected under the House of Lords Act 1999|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 III|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, Duke of Edinburgh|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|current composition]] below) in 1999. When an elected hereditary peer dies, a [[By-elections to the House of Lords|by-election]] is held, with a variant of the [[Instant-runoff voting|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====
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.<ref>{{cite web |title=UK Supreme Court |url=https://www.judiciary.uk/about-the-judiciary/our-justice-system/the-supreme-court/ |access-date=17 October 2022 |website=Courts and Tribunals Judiciary }}</ref>

====Life peers====
The largest group of Lords Temporal, and indeed of the whole House, are life peers. {{As of|2024|03|post=,}} there are 670 life peers eligible to vote in the House.<ref name="parliament.uk"/> 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, Baron Stevenson of Coddenham|Dennis Stevenson, Lord Stevenson of Coddenham]], to select fifteen so-called "[[people's peer]]s" 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.<ref>{{cite news|url=http://news.bbc.co.uk/hi/english/static/in_depth/uk_politics/2001/open_politics/lords/peoples_peers.stm |title=People's Peers: the strange case of the missing lollipop ladies |publisher=Open University |via=BBC News |year=2001<!--nothing more precise available unfortunately-->}}</ref>

===Qualifications===
{{See also|Women in the House of Lords}}
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.<ref name="standing_orders1">{{cite web|url=https://publications.parliament.uk/pa/ld/ldstords/ldstords.htm|title=The Standing Orders of the House of Lords relating to Public Business|access-date=19 August 2010|date=8 April 2010|publisher=[[Parliament of the United Kingdom]]}}</ref> Furthermore, only United Kingdom, [[Irish nationality law|Irish]] and [[Commonwealth citizen|Commonwealth]] citizens may sit in the House of Lords.<ref>{{cite legislation UK |type=act |year=1981 |chapter=61 |schedule=7 |act=British Nationality Act 1981 |access-date=4 June 2017}}</ref> 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.<ref>{{cite web |title=1701 Act of Settlement |url=https://www.parliament.uk/about/living-heritage/evolutionofparliament/parliamentaryauthority/revolution/collections1/parliamentary-collections/act-of-settlement/|publisher=[[Parliament of the United Kingdom]]}}</ref>

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,<ref>{{cite legislation UK | type = act| year = 1958| chapter = 21| act = Life Peerages Act 1958}}</ref> passed to address the declining number of active members, made possible the creation of peerages for life. 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.<ref>{{cite legislation UK | type = act| year = 1963| chapter = 48| act = Peerage Act 1963}}</ref> Since the passage of the House of Lords Act 1999,<ref>{{cite legislation UK | type = act| year = 1999| chapter = 34| act = House of Lords Act 1999}}</ref> 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.<ref>{{cite web|title=Peeresses or women peers?|url=https://www.parliament.uk/about/living-heritage/evolutionofparliament/houseoflords/house-of-lords-reform/from-the-collections/from-the-parliamentary-collections-lords-reform/accomodating-women-peers/peeressesorwomenpeers/|access-date=6 August 2021|publisher=[[Parliament of the United Kingdom]]}}</ref>

====Cash for peerages====
The [[Honours (Prevention of Abuses) Act 1925]]<ref>{{cite legislation UK | type = act| year = 1925| chapter = 72| act = Honours (Prevention of Abuses) Act 1925}}</ref> 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|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.<ref>Mell, Radford and Thevoz. [http://www.economics.ox.ac.uk/Department-of-Economics-Discussion-Paper-Series/is-there-a-market-for-peerages-can-donations-buy-you-a-british-peerage-a-study-in-the-link-between-party-political-funding-and-peerage-nominations-2005 "Is There a Market for Peerages? Can Donations Buy You a British Peerage? A Study in the Link Between Party Political Funding and Peerage Nominations, 2005–14"]. {{Webarchive|url=https://web.archive.org/web/20181226113629/https://www.economics.ox.ac.uk/department-of-economics-discussion-paper-series/is-there-a-market-for-peerages-can-donations-buy-you-a-british-peerage-a-study-in-the-link-between-party-political-funding-and-peerage-nominations-2005 |date=26 December 2018}}. University of Oxford, pp. 8, 13, 17, 22; Radford, Mell and Thevoz, [https://link.springer.com/epdf/10.1057/s41293-019-00109-4?author_access_token=eD-gUcX8cIBPRSZFBSgD1lxOt48VBPO10Uv7D6sAgHs0ICHQ6nY973f5GBcBCfumHYlg_B1c1MXaCfXDIyGZLQCvWKKGxp5zqp2sh6dJsVYGQZcTKrrYWqjdJsMpqVGlBErzo4bhSTlw9gJT9OAncA%3D%3D {{"'}}Lordy Me!' Can donations buy you a British peerage? A study in the link between party political funding and peerage nominations, 2005–2014"], ''[[British Politics (journal)|British Politics]]'' – first published online, 14 March 2019.</ref>

===Removal from House membership===
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 British House of Commons|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]]<ref>{{cite legislation UK | type = act| year = 2014| chapter = 24| act = House of Lords Reform Act 2014}}</ref> 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]],<ref>{{cite legislation UK | type = act| year = 2015| chapter = 14| act = House of Lords (Expulsion and Suspension) Act 2015}}</ref> 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, Baron Ahmed|Nazir Ahmed, Lord Ahmed]] retired from the House of Lords, having seen a Lords Conduct Committee report recommending he be expelled.<ref>{{cite news |last1=Watson |first1=Richard |title=Lord Ahmed retires from Parliament days before expulsion |url=https://www.bbc.co.uk/news/uk-politics-54975932 |access-date=8 December 2020 |work=[[BBC News]] |date=17 November 2020}}</ref> In December the same year, [[Ken Maginnis|Lord Maginnis]] was suspended from the House for 18 months.<ref>{{cite news|date=7 December 2020|title=Ken Maginnis banned from Lords for 18 months over bullying claims|work=BBC News|url=https://www.bbc.com/news/uk-politics-55220009|access-date=7 December 2020}}</ref>