House of Lords (Hereditary Peers) Act 2026

House of Lords (Hereditary Peers) Act 2026
Act of Parliament
Long titleAn Act to remove the remaining connection between hereditary peerage and membership of the House of Lords; to make provision about resignation from the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages; and for connected purposes.
Citation2026 c. 12
Introduced byPat McFadden,
Chancellor of the Duchy of Lancaster (Commons)
Baroness Smith of Basildon,
Lord Keeper of the Privy Seal (Lords)
Territorial extent United Kingdom
Dates
Royal assent18 March 2026
Commencement18 March 2026 (§ 2, 5, 6)
TBD (§ 1, 3, 4)
Other legislation
AmendsPeerage Act 1963
House of Lords Act 1999
Constitutional Reform and Governance Act 2010
House of Lords Reform Act 2014
Status: Current legislation
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted
Text of the House of Lords (Hereditary Peers) Act 2026 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The House of Lords (Hereditary Peers) Act 2026 (c. 12), sometimes referred to during passage as the Hereditary Peers Bill,[1] is an Act of Parliament that removes all remaining hereditary peers from the House of Lords and most of their future involvement in it.[a]

House of Lords reform was proposed at the 2024 United Kingdom general election in the Labour Party manifesto, which included an age cap for life peers and the removal of hereditary peers entirely.[2] Following 18 months of consideration before Parliament, the Commons and Lords agreed on the final text of the bill on 10 March 2026,[3] with royal assent being granted to the bill on 18 March 2026.[4]

Background

Reform of the House of Lords has been a part of successive Government policy since the early 19th century.[5] The last major change was made in the House of Lords Act 1999 under the first Blair ministry, which provided that:[5]

No-one shall be a member of the House of Lords by virtue of a hereditary peerage.

— House of Lords Act 1999, section 1, Exclusion of hereditary peers.

The Act then provided several exceptions, allowing 90 hereditary peers, as well as the Lord Great Chamberlain and the Earl Marshal, to remain in the House of Lords pending further reform. The Act originally intended to exclude hereditary peers in their entirety, however the exceptions made (section 2 of the Act) were reached as part of a compromise agreed between the Houses of Lords and the Commons during the Bill's passage through Parliament.[6]

Provisions

Once fully in force, the Act will exclude all remaining 92 hereditary peers from Parliament, and they will no longer be entitled to a seat in the chamber unless they are created life peers.[7] The 26 Lords Spiritual and a variable number of life peers will remain sitting in the upper house. Although no longer members of the House of Lords, the Earl Marshal and Lord Great Chamberlain will continue to carry out their ceremonial duties.

The sections of the Act as adopted are listed below:[8]

  • Section 1: Exclusion of remaining hereditary peers. This section repeals section 2 of the House of Lords Act 1999, removing the exceptions for hereditary peers remaining in the House of Lords;
  • Section 2: Retirement. This section allows a resignation notice to be signed and given on behalf of a peer who lacks capacity;
  • Section 3: Claims to hereditary peerages. This section removes the House of Lords' jurisdiction over claims to hereditary peerages;
  • Section 4: Consequential amendments;
  • Section 5: Extent and commencement;
  • Section 6: Short title.

Sections 2, 5 and 6 came into force upon royal assent on 18 March 2026, while sections 1, 3 and 4 will come into force when the first session of the 59th Parliament is prorogued, which is expected immediately prior to the State Opening of Parliament in May 2026.

Reactions

Opposition

The bill received criticism including from former Leader of the House of Lords and hereditary peer Lord Strathclyde, who suggested that so as to reduce the size of the House of Lords, peers who infrequently attend debates ought to be removed instead of the remaining hereditary peers, who have been very active.[9]

Numerous members of the House of Lords have said that other elements of Lords reform should be prioritised, such as the removal of the automatic right of Church of England bishops to sit in the upper house as Lords Spiritual,[10] pointing out that the only other sovereign nation where clerics are automatically granted a legislative seat is Iran.[11] Baroness Harman subsequently introduced an amendment that would mandate the government to introduce proposals to remove the right of the 26 Church of England bishops to sit ex officio as Lords Spiritual, in line with Labour's election manifesto commitment to consult on wider reforms of the upper house;[12] she withdrew her amendment before debate.[13] Lord Birt also introduced an amendment to require proposals to remove the Lords Spiritual, but he withdrew his amendment before debate.[14] Viscount Hailsham introduced an amendment to remove the Lords Spiritual by phasing them out through retirement;[15] he did not move his amendment at the committee stage debate.[16]

Support

Minister of State for the Constitution and European Union Relations, Nick Thomas-Symonds, said that "The second chamber plays a vital role in our constitution and people should not be voting on our laws in parliament by an accident of birth".

University College London Constitution Unit asserted that the only other country with a hereditary element in its legislature were the hereditary chiefs in Lesotho's Senate,[17][18] though other countries have hereditary elements as well, such as the 18 chiefs in Zimbabwe's Senate, Tonga's 9 internally elected nobles in the Legislative Assembly, and Samoa's requirement to hold matai status to stand for election to the Legislative Assembly of Samoa.[19][20][21][22]

Passage

The bill was formally introduced to Parliament by the Chancellor of the Duchy of Lancaster, Pat McFadden, receiving its first reading on Thursday, 5 September 2024,[23] with its second reading on 15 October.

The bill proceeded to Committee Stage, where, due to its constitutional significance, it became subject to a Committee of the Whole House. The committee, and then the bill's third reading, took place on 12 November 2024 with the bill passing the House of Commons by a vote of 435–73.[23][24]

Votes on committee amendments in the House of Commons
Amendment Ayes Noes Result
A25 Would delay commencement until a report by a joint committee of the Commons and the Lords 98 376 Not accepted
NC1 Exclusion of bishops 41 378 Not accepted
NC7 Duty to take forward proposals for democratic mandate for House of Lords 93 355 Not accepted
NC20 Purpose of the bill 98 375 Not accepted

The bill was introduced into the House of Lords by the Leader of the House of Lords, Baroness Smith of Basildon, receiving its first reading in the on 13 November, and its second reading on 11 December.[23] The bill was debated in five sittings at its Lords committee stage, on 3, 10, 12, and 25 March, and 1 April 2025,[25] before moving to the report stage which was held in two sittings on 2 and 9 July 2025.[26] The bill received its third reading on 21 July 2025. In addition to the three amendments accepted at the report stage, six amendments were accepted without a vote at the third reading.[27] One of those six amendments was that a resignation notice from the House of Lords may be signed and given behalf of a peer who lacks capacity.[28] 51 hours (9 days) of scrutiny were given in the House of Lords with a total of 146 amendments being tabled in committee, with 124 debated and a further 36 tabled in the report stage.[29]

Votes on report stage amendments in the House of Lords
Amendment[30][31] Content Not content Result[32][33][34][35]
2 Abolition of by-elections and allowing the current excepted hereditary peers to remain in the House of Lords 280 243 Accepted
4 Duty to take forward proposals for introducing directly elected members in the House of Lords 84 263 Not accepted
5 Life peerages not to be conferred against recommendation of the House of Lords Appointments Commission 55 234 Not accepted
13A Requirement of all ministers in the House of Lords to be paid, except those appointed before the requirement comes into effect 284 239 Accepted
17 Life peerages to be created with or without a seat in the House of Lords 265 247 Accepted
23A Duty to implement recommendations of the select committee on reforming the House of Lords 139 158 Not accepted
27 Duty to undertake a consultation on applying gender equality to determining hereditary peerage claims 11 126 Not accepted

The House of Commons consideration of the Lords' amendments took place on 4 September 2025.[23] The House of Commons agreed without a vote the amendment that a resignation notice from the House of Lords may be signed and given on behalf of a peer who lacks capacity and four other amendments relating to the same issue, but other amendments were disagreed to.[36][37]

Votes on disagreeing Lords' amendments in the House of Commons
Amendment[36] Ayes Noes Result[37]
1 Abolition of by-elections and allowing the current excepted hereditary peers to remain in the House of Lords 336 77 Not accepted
2 Requirement of all ministers in the House of Lords to be paid, except those appointed before the requirement comes into effect 331 73 Not accepted
3 Life peerages to be created with or without a seat in the House of Lords 338 74 Not accepted

The House of Lords met to consider the Commons' amendments and reasons to disagree on 10 March 2026.[23] The House of Lords did not insist on any amendment disagreed by the House of Commons.[38] Royal assent on the bill was granted on 18 March 2026.[4]

Future reform

The 2024 Labour Party manifesto provided a commitment to introduce an age limit for members of the House of Lords: "At the end of the Parliament in which a member reaches 80 years of age, they will be required to retire from the House of Lords. A Labour government would ensure all peers met high standards, would introduce a new participation requirement, and would strengthen the circumstances in which disgraced members could be removed. It would also reform the appointments process, to ensure quality, and would seek to improve the national and regional balance of the chamber."[39]

There is some support amongst peers for a measure to strengthen the powers of the House of Lords Appointments Commission.[40]

The Labour Party also conceives a longer term plan (beyond 2029) to replace the upper house with an "alternative" second chamber.[39][41]

See also

Notes

  1. ^ The Earl Marshal and Lord Great Chamberlain, currently hereditary peers, would continue to carry out ceremonial duties, although without their automatic seats.

References

  1. ^ Walsh, Simon (19 March 2025). "Peers reject cutting number of Bishops in the Lords from 26 to five". Church Times. Archived from the original on 19 March 2025. Retrieved 4 May 2025.
  2. ^ Mason, Rowena (13 June 2024). "Change and growth: five key takeaways from the Labour manifesto launch". The Guardian. ISSN 0261-3077. Archived from the original on 28 May 2025. Retrieved 7 September 2024.
  3. ^ "Hereditary peers to be removed from Lords as bill passes". BBC News. 10 March 2026. Retrieved 10 March 2026.
  4. ^ a b "Royal Assent - Hansard - UK Parliament". hansard.parliament.uk. 19 March 2026. Retrieved 19 March 2026.
  5. ^ a b "House of Lords reform". Parliament of the United Kingdom. Retrieved 10 September 2024.
  6. ^ House of Lords (Hereditary Peers) Bill: Explanatory Notes (PDF). Parliament of the United Kingdom. 5 September 2024. Retrieved 10 September 2024.
  7. ^ "Government brings in Bill to remove 'outdated' hereditary peers from Lords". ITV News. 5 September 2024. Archived from the original on 8 November 2024. Retrieved 12 June 2025.
  8. ^ "House of Lords (Hereditary Peers) Act 2026". UK Public General Acts. 19 March 2026. Retrieved 20 March 2026.
  9. ^ Fisher, Lucy (5 September 2024). "Senior Tory Lord hits out at Bill to abolish hereditary peers in UK". Financial Times. Retrieved 8 September 2024.{{cite news}}: CS1 maint: deprecated archival service (link)
  10. ^ "Calls to remove Bishops from House of Lords as MPs support upper chamber reforms". Express and Star. 15 October 2024. Archived from the original on 12 April 2025. Retrieved 15 October 2024.
  11. ^ Cooke, Millie (15 October 2024). "Bishops' seats in House of Lords must be abolished, MPs tell Starmer". The Independent. Archived from the original on 22 February 2025. Retrieved 15 October 2024.
  12. ^ "Harriet Harman introduces amendment to remove Bishops from the Lords". Humanists UK. 21 January 2025. Retrieved 21 January 2025.
  13. ^ "Baroness Harman's amendment". UK Parliament. Retrieved 13 March 2025.
  14. ^ "Lord Birt's amendment, Clause 1". UK Parliament. Retrieved 13 March 2025.
  15. ^ "Viscount Hailsham's amendment, after Clause 1". UK Parliament. Retrieved 13 March 2025.
  16. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 12 March 2025. Retrieved 13 March 2025.
  17. ^ Courea, Eleni (4 September 2024). "Ministers introduce plans to remove all hereditary peers from Lords". The Guardian. ISSN 0261-3077. Archived from the original on 5 May 2025. Retrieved 8 September 2024.
  18. ^ Hazell, Robert (January 2002). Commentary on the White Paper: The House of Lords - Completing the Reform (PDF). University College London. Archived (PDF) from the original on 23 March 2025.
  19. ^ "Nobles nobbled: Tonga gets a common man for Prime Minister". The Economist. 11 January 2015.
  20. ^ North, David (16 February 2015). "American Samoa's Government: "Don't Let Our People Be U.S. Citizens"". Center for Immigration Studies. Archived from the original on 19 February 2015. Retrieved 12 June 2025.
  21. ^ Hills, Rodney C. (December 1993). "Predicaments in Polynesia: Culture and Constitutions in Western Samoa and Tonga". Pacific Studies. 16 (4).
  22. ^ Russell, Meg (March 2023). House of Lords reform: navigating the obstacles (PDF). Institute for Government / Cambridge Bennett Institute for Public Policy. Archived (PDF) from the original on 7 March 2023. Retrieved 12 June 2025.
  23. ^ a b c d e "House of Lords (Hereditary Peers) Bill Stages - Parliamentary Bills - UK Parliament". bills.parliament.uk. Retrieved 4 March 2025.
  24. ^ "House of Lords: MPs back ending all hereditary peers". BBC News. 12 November 2024. Archived from the original on 13 April 2025. Retrieved 13 November 2024.
  25. ^ "House of Lords (Hereditary Peers) Bill: Committee stage". UK Parliament. Retrieved 10 July 2025.
  26. ^ "House of Lords (Hereditary Peers) Bill: Report stage". UK Parliament. Retrieved 10 July 2025.
  27. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 21 July 2025. Retrieved 22 July 2025.
  28. ^ "House of Lords (Hereditary Peers) Bill: Marshalled list of amendments to be moved on Third Reading". House of Lords. 8 July 2025. Retrieved 10 July 2025.
  29. ^ "House of Lords (Hereditary Peers) Bill - Hansard - UK Parliament". hansard.parliament.uk. 22 July 2025. Retrieved 22 July 2025.
  30. ^ "House of Lords (Hereditary Peers) Bill: Marshalled list of amendments to be moved on Report". House of Lords. 30 June 2025. Retrieved 3 July 2025.
  31. ^ "House of Lords (Hereditary Peers) Bill: Amendment to be moved on Report". House of Lords. 8 July 2025. Retrieved 10 July 2025.
  32. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 2 July 2025. Retrieved 3 July 2025.
  33. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 2 July 2025. Retrieved 3 July 2025.
  34. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 9 July 2025. Retrieved 10 July 2025.
  35. ^ "Hansard: House of Lords (Hereditary Peers) Bill". UK Parliament. 9 July 2025. Retrieved 10 July 2025.
  36. ^ a b "House of Lords (Hereditary Peers) Bill: Lords Amendments" (PDF). House of Commons. 22 July 2025. Retrieved 5 September 2025.
  37. ^ a b "Thursday 4 September 2025: Votes and Proceedings". House of Commons. Retrieved 5 September 2025.
  38. ^ "Minutes of Proceedings: House of Lords (Hereditary Peers) Bill". UK Parliament. 10 March 2026. Retrieved 11 March 2026.
  39. ^ a b "Serving the country". Labour Party. Archived from the original on 6 May 2025. Retrieved 10 February 2025., p. 108
  40. ^ "Hansard – House of Lords Peerage Nominations Bill [HL]". UK Parliament. 14 March 2025. Retrieved 30 March 2025.
  41. ^ Singh, Arj (6 September 2024). "Labour will abolish the Lords, minister confirms - but it will take 10 years". The i Paper. Archived from the original on 7 September 2024. Retrieved 7 September 2024.