Constitutional Reform and Governance Bill

The clause allows former Members of the House of Lords who have been removed under the provisions of clause 30, in other words by disqualification, expulsion or resignation, to disclaim their peerage. Currently, because life peers remain Members of the House for their lifetime and cannot voluntarily relinquish their seat or be removed except by an Act of Parliament, there is no provision for them to disclaim their peerage. As the Bill creates the right for both hereditary and life peers to leave the House voluntarily by resignation, it is fair that that right should be accompanied by the option to disclaim a peerage. As the Bill creates new powers of removal by non-voluntary means through automatic disqualification and expulsion, it is logical to extend the right of disclaimer to peers in those groups, too. The mechanism for disclaimer is set out in subsections (3) to (5). A former Member is required to give notice to the Lord Chancellor, and then the disclaimer will take effect upon his or her signing a certificate of receipt of that notice. As the Keeper of the Great Seal by which letters patent are issued to individuals elevated to the peerage, it is appropriate that the function in question be conferred on the office of Lord Chancellor. The effect of disclaimer is set out at subsections (7) and (8). Life and hereditary peers are to be divested of all interests in the peerage and the titles, offices and privileges connected to it, as well as being relieved of all obligations and disabilities arising from it, one of which is of course the bar on voting or standing in elections to the House of Commons. I am sure that you will agree, Sir Michael, that it is only right that Members of the House of Lords are able to disclaim their peerage if they no longer intend or are able to sit as a Member.