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Encyclopedia > Representative peer
This article is part of the series
Peerage
Hereditary Peer
Life Peer
Representative Peer
Privilege of Peerage
History of the Peerage

In the United Kingdom, representative peers were individuals elected by the members of the Peerage of Scotland and the Peerage of Ireland to represent them in the British House of Lords. Members of the Peerage of England, Peerage of Great Britain, and Peerage of the United Kingdom all had the right to sit in the House of Lords; they did not elect a limited group of representatives. For the Peerage in France, see French peerage. ... Listen to this article · (info) This audio file was created from the revision dated 2005-06-08, and does not reflect subsequent edits to the article. ... In the United Kingdom, Life Peers are appointed members of the Peerage whose titles may not be inherited (those whose titles are inheritable are known as hereditary peers). ... The Privilege of Peerage is the body of special privileges belonging to members of the British Peerage. ... The Peerage is a system of nobility found in Europe, in particular in the United Kingdom (see British peerage) and in France (see Peerage of France). ... The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. ... The Peerage of Ireland is the term used for those peers created by British monarchs in their capacity as Lord or King of Ireland. ... This article is about the British House of Lords. ... The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. ... The Peerage of Great Britain comprises all extant peerages created in the Kingdom of Great Britain after the Act of Union 1707 but before the Act of Union 1800. ... The Peerage of the United Kingdom comprises most peerages created in the United Kingdom of Great Britain and Ireland after the Act of Union in 1801. ...


Representative peers were introduced in 1707, when England and Scotland were united into the Kingdom of Great Britain. At the time, there were 168 English and 154 Scottish peers, though the English population was significantly higher than the Scottish population. The English peers feared that the House of Lords would be swamped by the Scottish element, and consequently arranged for the election of a small number of representative peers to represent Scotland. A similar arrangement was adopted when the Kingdom of Great Britain and the Kingdom of Ireland merged into the United Kingdom in 1801. Royal motto (French): Dieu et mon droit (Translated: God and my [birth]right) Englands location (dark green) within the British Isles Languages English (de facto) Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked... Motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within Europe Scotlands location within the United Kingdom Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ... Royal motto: Dieu et mon droit (French: God and my right)1 Capital London Head of State King of Great Britain Head of Government Prime Minister Parliament House of Commons, House of Lords This article is about the historical state called the Kingdom of Great Britain (1707-1800). ... Capital Dublin Head of state King of Ireland Kings representative: Variously called Judiciar, Lord Deputy or Lord Lieutenant of Ireland Head of government: Chief Secretary for Ireland Parliament: Irish House of Commons and Irish House of Lords The Kingdom of Ireland was the name given to the English-ruled...


Scotland was allowed to elect sixteen representative peers, whilst Ireland could elect twenty-eight. Those chosen by Scotland sat only for one Parliament; after each dissolution, new Scottish representative peers were elected. Irish representative peers, on the other hand, sat for life. Elections for Irish representative peers ceased when the Irish Free State gained independence from the UK in 1922. Elections for Scottish representative peers ended in 1963, when all Scottish peers obtained the right to sit in the House of Lords, whether representative peers or not. The Irish Free State (Irish: Saorstát Éireann) was (1922–1937) the name of the state comprising the 26 of Irelands 32 counties which were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British and...


Under the House of Lords Act a new form of representaive peer, was introduced to allow some heriditary peers to stay in the House of Lords pending further reform of the House of Lords. The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it completely reformed one of the chambers of Parliament, the House of Lords. ...

Contents


Scotland

Scottish representative peers were chosen in the Palace of Holyroodhouse.
Scottish representative peers were chosen in the Palace of Holyroodhouse.

Under the Act of Union of 1707, the peers of Scotland were entitled to elect sixteen representative peers. Each representative peer served for the duration of one Parliament (a maximum of seven years), but could be re-elected during future Parliaments. Upon the summons of a new Parliament following the dissolution of a previous one, the Sovereign would issue a proclamation summoning Scottish peers to the Palace of Holyroodhouse. The elections were held in the Great Gallery, the large room that was decorated by eighty-nine of Jacob de Wet's portraits of real and legendary Scottish monarchs, from Fergus I to Charles II. The Lord Clerk Register would read aloud the Peerage Roll, and each peer would indicate his presence when called. The Roll was then re-read, with each peer responding by publicly announcing his votes. The same procedure was used whenever a vacancy arose. Holyrood Palace in Edinburgh, Scotland Photo taken by Finlay McWalter on 7th August 2004 File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Holyrood Palace in Edinburgh, Scotland Photo taken by Finlay McWalter on 7th August 2004 File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The Acts of Union were twin Acts of Parliament passed in 1707 (taking effect on 26 March) by the Parliament of England and the Parliament of Scotland. ... A 19th century view of Holyrood Palace from Calton Hill. ... Fergus I (Scottish Gaelic: Fergus Mòr Mac Earca) was king of Scottish Dál Riata from about 500 until 501. ... Charles II or The Merry Monarch (29 May 1630–6 February 1685) was the King of England, King of Scots, and King of Ireland from 30 January 1649 (retrospectively de jure) or 29 May 1660 (de facto) until his death. ... The Lord Clerk Register is the oldest surviving Great Office of State in Scotland, with origins in the 13th century. ...


The block voting system was used, with each peer casting as many votes as there were seats to be filled. The system, however, permitted the party with the greatest number of peers, normally the Conservatives, to procure a disproportionate number of seats, with opposing parties sometimes being entirely unrepresented. The Lord Clerk Register was responsible for tallying the votes. The return issued by the Lord Clerk Register was sufficient evidence to admit the representative peers to Parliament; unlike other peers, Scottish representatives did not receive writs of summons. Bloc voting (or block voting) (also called Plurality-at-large) refers to a class of voting systems which can be used to elect several representatives from a single constituency. ... Conservatism or political conservatism is any of several historically related political philosophies or political ideologies. ... Listen to this article · (info) This audio file was created from the revision dated 2005-06-08, and does not reflect subsequent edits to the article. ...


The position and rights of Scottish peers in relation to the House of Lords was unclear during most of the eighteenth century. In 1711, James Douglas, 4th Duke of Hamilton, a peer of Scotland, was created Duke of Brandon in the Peerage of Great Britain. When he sought to sit in the House of Lords, he was denied admittance, the Lords ruling that a peer of Scotland could not sit in the House of Lords unless he was a representative peer, even if he also held a British peerage dignity. They reasoned that the Act of Union 1707 had established the number of Scotsmen in the House of Lords at no more and no less than sixteen. In 1782, however, the House of Lords reversed the decision, holding that the Crown could admit anyone it pleases to the House of Lords, whether a Scottish peer or not, subject only to qualifications such as age and citizenship. // Events February 24 - The London premiere of Rinaldo by George Friderich Handel, the first Italian opera written for the London stage. ... James Douglas, 4th Duke of Hamilton, (1658 – November 15, 1712), eldest son of William Douglas, Duke of Hamilton and of Duchess Anne, succeeded his mother, who resigned the dukedom to him in 1698. ... The Duke of Hamilton is a title in the Peerage of Scotland created in 1643. ...


Under the Peerage Act 1963, all Scottish peers procured the right to sit in the House of Lords, ending elections for representative peers. Scottish as well as British and English hereditary peers lost their automatic right to sit in the Upper House with the passage of the House of Lords Act 1999. When the House of Lords Bill underwent debate, the question arose as to whether the proposal would violate the Treaty of Union. In suggesting that the Bill did indeed violate the Articles of Union, it was submitted that, prior to Union, the Parliament of Scotland was entitled to impose conditions, and that one fundamental condition was a guarantee of representation of Scotland in both Houses of Parliament. It was implied, furthermore, that the Peerage Act of 1963 did not violate the requirement of Scottish representation, set out in the Article XXII of the Treaty of Union, by allowing all Scottish peers to sit in the House of Lords: as long as a minimum of sixteen seats were reserved for Scotland, the principles of the Article would be upheld. It was further argued that the only way to rescind the requirement of Article XXII would be to dissolve the Union between England and Scotland, which, of course, the House of Lords Bill did not seek to do. The Peerage Act 1963 is a significant act in the history of the British Peerage. ... Listen to this article · (info) This audio file was created from the revision dated 2005-06-08, and does not reflect subsequent edits to the article. ... The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it completely reformed one of the chambers of Parliament, the House of Lords. ...


Counsel for the Government, however, held a different view. Firstly, it was noted that the Peerage Act 1963 explicitly repealed the portions of the Articles of Union relating to elections of representative peers, and that no parliamentary commentators had raised doubts as to the validity of those repeals. As Article XXII had been (at least purportedly) repealed, there was nothing specific in the Treaty that the bill transgressed. It was further asserted by the Government that Article XXII could be repealed because it had not been "entrenched." (Examples of "entrenched" provisions are numerous: England and Scotland were united "forever," the Court of Session was to remain "in all time coming within Scotland as it is now constituted," and the establishment of the Church of Scotland was "effectually and unalterably secured.") Article XXII, however, did not include any words of entrenchment, and, it was argued, was open to amendment. The Court of Session is the supreme civil court in Scotland. ... The Church of Scotland (C of S, also known informally as The Kirk; until the 17th century officially the Kirk of Scotland) is the Christian national church of Scotland. ...


It was further pointed out by the Government that, even if the election of Scottish peers were entrenched, Parliament could amend the provision under the doctrine of Parliamentary sovereignty. Though the position of the Church of Scotland was "unalterably" secured, the Universities (Scotland) Act 1853 repealed the requirement that professors declare their faith before assuming a position. In Ireland, meanwhile, the Church of Ireland was entirely disestablished in 1869, though the Articles of Union with Ireland had clearly "entrenched" the establishment of that body. In 1922, the Union with Ireland was dissolved, though Great Britain and Ireland were united "forever." It was therefore suggested that Parliament could, if it pleased, repeal an Article of Union as well amend as any underlying principle. Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... The Church of Ireland is an autonomous province of the Anglican Communion, operating seamlessly across the border between the Republic of Ireland and Northern Ireland. ...


The Privileges Committee unanimously found that the Articles of Union would not be breached by the House of Lords Bill if it were enacted. The bill did receive Royal Assent, and from 2000, hereditary peers have not had the automatic right to sit in Parliament. Scotland, however, does not remain entirely unrepresented, as a significant number of life peers are from that part of the United Kingdom. The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ...


Ireland

The Chamber of the Irish House of Lords was the location of the first election of Irish representative peers.
The Chamber of the Irish House of Lords was the location of the first election of Irish representative peers.

Under the Act of Union of 1800, Irish peers elected twenty-eight representative peers, who served for life. The Chamber of the Irish House of Lords housed the first election, with the peers or their proxies attending. The Clerk of the Crown in Ireland was responsible for electoral arrangements; each peer voted by an open and public ballot. The results of the first election were announced by the Clerk of the Crown. After the Union, new elections were held whenever vacancies occurred due to the death of any peer. The Lord Chancellor of Great Britain (the presiding officer of the House of Lords) would certify the vacancy, and the Lord Chancellor of Ireland would direct the Clerk of the Crown to issue ballots to Irish peers. The ballots were returned to the Clerk of the Crown in Ireland, who was responsible for determining the victor. Irish House of Lords interior shot (small) my image. ... Irish House of Lords interior shot (small) my image. ... The former House of Lords chamber in the Irish Parliament Building, today in use as a function room by the Bank of Ireland. ... The Lord High Chancellor of Great Britain, or Lord Chancellor and in former times the Chancellor of England and the Lord Chancellor of Scotland, is one of the most senior and important functionaries in the government of the United Kingdom, and its predecessor states. ... The office of Lord Chancellor of Ireland was the highest judicial office in Ireland from earliest times until the establishment of the Irish Free State in 1922. ...


Ireland was also represented in the House of Lords by four Lords Spiritual, who sat in rotation for terms lasting one session each. At any one time, an Archbishop and three Bishops represented Ireland, with the seat passing according to a fixed rotation (except that those Lords Spiritual who were also elected to serve as representative peers would be omitted). The order for Archbishops was: the Archbishop of Armagh, the Archbishop of Dublin, the Archbishop of Cashel and the Archbishop of Tuam. The order for Bishops was: the Bishop of Meath, the Bishop of Kildare, the Bishop of Derry, the Bishop of Raphoe, the Bishop of Limerick, Ardsert and Adgadoe, the Bishop of Dromore, the Bishop of Ephin, the Bishop of Down and Connor, the Bishop of Waterford and Lismore, the Bishop of Leighlin and Ferns, the Bishop of Cloyne, the Bishop of Cork and Ross, the Bishop of Killaloe and Kilfenora, the Bishop of Kilmore, the Bishop of Clougher, the Bishop of Ossory, the Bishop of Killala and Achonry and finally the Bishop of Clonsert and Kilmacduagh. The rotation was changed by the Church Temporalities Act of 1833, which merged many dioceses and degraded the archbishoprics of Tuam and Cashel to bishoprics. The Lords Spiritual of the United Kingdom, also called Spiritual Peers, consist of the 26 clergymen of the established Church of England who serve in the House of Lords along with the Lords Temporal. ... Primate of All Ireland is the title held by the Archbishop of Armagh. ... Primate of Ireland is a title possessed by the Roman Catholic and Church of Ireland (Anglican) Archbishops of Dublin. ...


Following its disestablishment in 1871, the Church of Ireland ceased to send spiritual representatives. In 1922, with the formation of the Irish Free State, Irish peers ceased to elect representatives, but those already elected continued to serve for life. The last of the temporal peers, Francis Charles Adelbert Needham, 4th Earl of Kilmorey, died in 1961. Disputes then arose as to whether representative peers could still be elected. The Act establishing the Irish Free State was silent on the matter, though it did abolish the mechanism for such elections by abolishing the posts of Lord Chancellor of Ireland and Clerk of the Crown in Ireland. Various Irish peers petitioned the House of Lords for a restoration of their right to elect representatives. In 1962, the Joint Committee on House of Lords Reform rejected such plans. In the next year, when the Peerage Act, which among other things gave all Scottish peers the right to sit in the House of Lords, was being considered, an amendment to similarly allow Irish peers to attend was defeated, ninety to eight. Two years later, in 1965, Randall John Somerled McDonnell, 8th Earl of Antrim and other Irish peers petitioned the House of Lords, arguing that the right to elect representative peers had never been formally abolished. See also civil religion. ... The Church of Ireland is an autonomous province of the Anglican Communion, operating seamlessly across the border between the Republic of Ireland and Northern Ireland. ...


The House of ruled against the Irish peers. The Lord Reid, a Lord of Appeal in Ordinary, based his ruling on the Act of Union, which stated that representative peers sat "on the part of Ireland." He reasoned that, since the island had been divided into the Irish Free State and Northern Ireland, there was no such political entity called "Ireland" which the representative peers could be said to represent. Lord Reid wrote, "A statutory provision is impliedly repealed if a later enactment brings to an end a state of things the continuance of which is essential for its operation." Lords of Appeal in Ordinary are Life peers entrusted since the Appellate Jurisdiction Act 1876 with carrying out the judicial functions of the House of Lords. ... Dieu et mon droit (Royal motto) (French for God and my right)2 Northern Irelands location within the UK Main language English Other recognised languages Irish, Ulster Scots Capital and largest city Belfast First Minister Office suspended Secretary of State for Northern Ireland Peter Hain MP Area  - Total Ranked...


The Lord Wilberforce, another Lord of Appeal in Ordinary, disagreed that a major enactment such as the Act of Union could be repealed by implication. He argued instead on the basis that the Irish Free State (Agreement) Act 1921—which was silent on the election of representative peers—abolished the posts of Lord Chancellor of Ireland and Clerk of the Crown in Ireland. The Lord Chancellor of Ireland was responsible for calling elections of representative peers, and the Clerk of the Crown in Ireland was responsible for sending peers their ballots. Since these offices had been abolished, Lord Wilberforce argued, there was no mechanism by which Irish peers could be elected. Here too, the petitioners lost. Signature page of the Anglo-Irish Treaty The Anglo-Irish Treaty, officially called the Articles of association between Ireland and the British Empire, was a treaty between the Government of the United Kingdom and representatives of the (extra-judicial) Irish Republic which concluded the Anglo-Irish War. ...


The petitioners did not bring up the point that Northern Ireland remained a part of the United Kingdom. Lord Reid's objections would then be rebutted, as representative peers would sit on the part of Northern Ireland. Similarly, Lord Wilberforce's arguments relating to the removal of the mechanism for the election could be answered, as the Lord Chancellor of Ireland and the Clerk of the Crown in Ireland did have replacements in Northern Ireland. Burke's Peerage & Baronetage suggests that the reason for which the arguments relating to Northern Ireland "was that leading counsel for the petitioning Irish peers was convinced that the members of the Committee for Privileges were with him on what he considered was his best argument and did not want to alienate them by introducing another point."


In order to prevent further appeals on the matter, Parliament passed, as a part of the annual Statute Law Repeals Bill (1971), a clause revoking the sections of the Act of Union relating to the election of Irish representative peers.


House of Commons

After the Union between England and Scotland in 1707, Scottish peers (even those who did not sit as representative peers) were barred from sitting in the House of Commons. Irish peers, however, were not subjected to the same disability after 1801. It was provided that Irish peers (but not representative peers) could serve from a constituency in Great Britain provided they gave up their privileges. Under no circumstances were they allowed to represent an Irish constituency. The House of Commons is the lower house of the Parliament of the United Kingdom, and is now the dominant branch of Parliament. ... The Privilege of Peerage is the body of special privileges belonging to members of the British Peerage. ...


The Peerage Act 1963, which allowed all Scottish peers to sit in the House of Lords, also permitted all Irish peers to sit in the House of Commons from any constituency in the United Kingdom. Irish peers were not required to renounce the privilege of the Peerage before taking their seats in the Lower House. Scottish peers were allowed to sit in the House of Commons by the House of Lords Act 1999. The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it completely reformed one of the chambers of Parliament, the House of Lords. ...


Heriditary "Representative Peers"

During the passage of the House of Lords Bill in 1999, considerable controversy surrounding House of Lords reform remained, and the Bill was conceived as a first stage of Lords reform. Whilst very few people advocotated the right by birth to sit in a House of Parliament, it was pointed out that an entirely appointed Chamber was hardly satisfactory in Democracy either. The "Whetherill" ammendment, (so called since it was proposed by former House of Commons Speaker Jack Whetherill, by then a Cross Bench Life Peer) provided for a small number of Heriditary Peers to remain as members of the House of Lords, during Stage One of Lords reform. This could then be looked during stage two when the system of appointed Life Peerages could be examined also. In exchange for the House not delaying the passage of the Bill into law, the Government agreed to this ammendment, and it then became part of the House of Lords Act 1999, and 92 peers were allowed to remain. The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it completely reformed one of the chambers of Parliament, the House of Lords. ...


The 92 peers are made up as follows:  15 ‘office-holders’ i.e. Deputy Speakers and Deputy Chairmen, elected by the House.  75 party and Crossbench members elected by their own party or group.  Two who hold royal appointments - The Lord Great Chamberlain, who is the Queen’s representative in Parliament, and the Earl Marshal who is responsible for ceremonies such as the State Opening of Parliament. [1]


The provisions for election to the House of Lords are somewhat unusual, and superficially seems like an anachronism from a by-gone age, although it is in fact one of the newest parts of the British Constitution.


The respective political parties have a set quota of seats, roughly proportionate to the proportions of heriditary peers then sitting in the Lords, the Conservative Party therefore being the largest and Labour Party the smallest. In the first election, all heriditary peers, (excluding of course Peers of Ireland) were entitled to stand for election, and all members of the House of Lords, (which then included Heriditary peers) were entitled to vote provided they had registered themselves as electors with the House of Lords authorities. The elections took place using the Single Transferable Vote. After the first elections were held the names of the succesful candidates were announced in the House of Lords Chamber. The elected heriditary peers are then given the right to sit for life, there is no General Election to the House of Lords for each new parliament. Those not elected in the first election, formed a reserve list for the remainder of the 1997 Parliament, and when vacancies arose, (due to a death of one of the 92 peers) the reserves were given membership of the House of Lords in order of the votes cast. For subsequent parliaments there is provision to hold by-elections when vacancies arise. In order to administer this process, Heriditary Peers, (including those who have inherited their titles since 1999) not in Parliament are eligible to register as candidates. However only members of the House of Lords, are eligable to vote for these replacement Heriditary Peers, so in that sense they are not stricly "representative peers" in the same way as the former systems for Scottish and Irish Peers. A number of By-elections have been held to fill vacancies.


See also

This is a list of representative peers elected from the Peerage of Ireland to sit in the House of Lords. ... This is a list of representative peers elected from the Peerage of Scotland to sit in the House of Lords. ...

References

  • Farnborough, T. E. May, 1st Baron. (1896). Constitutional History of England since the Accession of George the Third, 11th ed. London: Longmans, Green and Co.
  • HL 106-I. (1998–1999).
  • Lysaght, C. (1999). "The Irish Peers and the House of Lords - The Final Chapter." Burke's Peerage & Baronetage, 106th ed. London: Fitzroy Dearborn.
  • "Peerage." (1911). Encyclopædia Britannica, 11th ed. London: Cambridge University Press.
  • [http://www.parliament.uk/documents/upload/HofLBpmembership.pdf House of Lords Briefing Paper on the composition of the House

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Representative peer - Wikipedia, the free encyclopedia (2614 words)
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The English peers feared that the House of Lords would be swamped by the Scottish element, and consequently arranged for the election of a small number of representative peers to represent Scotland.
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