By-elections to the House of Lords explained

By-elections to the House of Lords occur when vacancies arise among seats assigned to hereditary peers due to death, resignation, or disqualification. Candidates for these by-elections are limited to holders of hereditary peerages, and their electorates are made up of sitting Lords; in most cases the electorate are those sitting hereditary peers of the same party affiliation as the departed peer.

Overview

Following the enactment of the House of Lords Act 1999, the number of hereditary peers entitled to sit in the House of Lords was reduced to ninety-two. The Earl Marshal and the Lord Great Chamberlain were entitled to sit ex officio; the remaining ninety were elected by all the hereditary peers before the passing of the reform.

Before the passing of the 1999 Act, the Lords approved a Standing Order stating that the remaining hereditary peers shall consist of:

Prior to November 2002, vacancies were automatically filled by the highest performing unsuccessful candidate in the 1999 House of Lords election that elected the departed peer.

Elections are normally required to be held within three months of a vacancy occurring,[3] but from 25 July 2024 to 24 January 2026, elections must be held within eighteen months.[4] The elections take place under the Alternative Vote system for elections to individual vacancies[5] and the Single Transferrable Vote for elections to fill multiple vacancies. All those on the Register of Hereditary Peers are eligible to stand, but only sitting (the "excepted") hereditary peers of the group in question may vote for the seats reserved for a single parliamentary group. This can result in very small electorates, such as only three voters in the 2003 election of Lord Grantchester.[6] [7] For the 15 peers elected by the whole House, life peers may also vote.

As of September 2023, there have been 18 by-elections[8] among Conservative peers; 19 by-elections[9] among Crossbench peers; 2 among Liberal Democrat peers; and 2 among Labour peers. In addition, there have been 14 by-elections by the whole House.

By-election results

2003

After the death of the Viscount of Oxfuird:|- |! style="background:white;"| | Others | 37 others | style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| - | style="text-align:right;"| -| style="text-align:right;"| -|-
  • After the death of Lord Milner of Leeds:
  • 2004

    After the death of Lord Vivian:

    2005

    After the death of the Earl Russell:After the death of Lord Burnham:After the death of Lord Aberdare:|- |! style="background:white;"| | Others | 10 others | style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| - | style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -|-After the death of Baroness Strange:

    2007

    After the death of Lord Mowbray and Stourton:

    2008

    After the death of the Baroness Darcy de Knayth:

    2009

    After the death of the Viscount Bledisloe:

    2010

    After the death of the Viscount Colville of Culross:After the death of the Earl of Northesk:

    2011

    After the death of the Lord Strabolgi:|- |! style="background:white;"| | Others | 4 others| style="text-align:right;"| 0|-After the death of the Lord Monson:After the death of the Earl of Onslow:After the death of the Lord Ampthill:|- |! style="background:white;"| | Others | 2 others| style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| - | style="text-align:right;"| -| style="text-align:right;"| -|-

    2013

    After the death of Earl Ferrers:After the death of the Lord Reay:|- |! style="background:white;"| | Others | 4 others| style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| - | style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -|-

    2014

    After the death of the Lord Moran:After the death of the Lord Methuen:|- |! style="background:white;"| | Others | 3 others| style="text-align:right;"| 0|-After the death of the Viscount Allenby of Megiddo:After the retirement of the Lord Cobbold:

    2015

    After the retirement of the Lord Chorley:After the retirement of the Lady Saltoun of Abernethy:After the retirement of the Viscount Tenby:After the retirement of the Lord Luke:After the retirement of the Viscount Montgomery of Alamein:After the death of the Lord Montagu of Beaulieu:

    2016

    After the death of the Lord Avebury:After the removal for non-attendance of the Lord Bridges:

    2017

    After the death of the Lord Lyell:After the retirement of the Lord Walpole:

    2018

    After the retirement of the Earl Baldwin of Bewdley:

    After the retirement of the Lord Glentoran:After the retirement of the Lord Northbourne:

    2019

    After the death of the Lord Skelmersdale:|- |! style="background:white;"| | Others | 3 others| style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -|-After the death of the Viscount Slim:

    2021

    Normally, by-elections must be held within three months of a vacancy occurring, but in response to the COVID-19 pandemic the House resolved in March 2020 to suspend any by-elections. Although this initial suspension was only until 8 September 2020, successive further motions extended this arrangement.[11] [12] [13] [14] Ultimately by-elections resumed in June 2021 with multiple elections held to fill six vacancies.[15]

    After the retirements of the Earl of Selborne and the Lord Denham, and the removal for non-attendance of the Lord Selsdon:

    After the retirement of the Countess of Mar:

    After the death of the Lord Rea:

    After the retirement of the Lord Elton:

    After the death of the Viscount Simon:

    2022

    After the retirement of the Viscount Ridley:

    After the retirement of the Lord Rotherwick:

    After the retirement of the Lord Brabazon of Tara, and the death of the Lord Swinfen:After the retirements of the Viscount Ullswater, and the Lord Colwyn:|- |! style="background:white;"| | Others | 2 others| style="text-align:right;"| 0| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -| style="text-align:right;"| -|-

    After the retirement of the Earl of Listowel:

    After the retirement of the Lord Astor of Hever, and the death of the Earl of Home:

    2023

    After the retirement of the Viscount Falkland:

    After the death of the Lord Palmer and the retirement of the Lord Hylton:

    After the death of the Lord Brougham and Vaux:

    Vacancies

    The Earl of Sandwich, one of the 28 elected crossbench hereditary peers, retired from the House on 20 May 2024.[16] Ordinarily, a by-election to replace him would have been required to be held by 20 August 2024. However, on 25 July 2024, and in anticipation of imminent legislative debates on the abolition of the right of Hereditary Peers to sit in Lords (see ‘proposed abolition’ below), and reflecting views that "ongoing by-elections during the parliamentary consideration of a Bill would be deeply undesirable in this context", the House of Lords passed a motion to extend the deadline for holding a by-election from three months to 18 months. Therefore, a by-election to replace the Earl of Sandwich is required to be held by 20 November 2025 (if the statutory requirement to hold by-elections is not repealed by then).

    The Lord Willoughby de Broke, a non-affiliated peer who was originally elected as one of the 42 Conservative hereditary peers, ceased to be a member of the House on 9 July 2024 due to non-attendance.[17] A by-election to replace him is required to be held by 9 January 2026 (again subject to potential reforms).

    Historical by-elections

    From the 1707 Act of Union to the passing of the Peerage Act 1963, peers in the Peerage of Scotland elected sixteen representative peers to sit in the House of Lords. Unlike Irish peers, however, Scottish representative peers only sat for the duration of one parliament before facing re-election. By-elections were held in the Palace of Holyroodhouse to replace deceased peers. After the passing of the Peerage Act 1963, all Scottish peers were entitled to sit in the House of Lords and the election procedure was abolished.

    The last Scottish representative peer by-election took place in 1959, when the Duke of Atholl was elected in place of the late Lord Sinclair.

    See also: List of elections of Scottish representative peers.

    Also, from the 1801 Act of Union to Irish independence, 28 Irish representative peers were elected from and by the Peerage of Ireland to sit in the British House of Lords.[18] Like current hereditary peers, these representative peers sat for life terms and deceased peers were replaced in by-elections. Unlike modern hereditary peer by-elections, all peers in the Peerage of Ireland, even those who did not sit in the House of Lords, were entitled to vote. Upon the creation of the Irish Free State, the officers required to officiate these by-elections were abolished and thus no more were held, but those peers already elected kept their seats for the remainder of their lives. The last to sit in the Lords was Francis Needham, 4th Earl of Kilmorey, who died in 1961.

    Proposed abolition

    See also: Reform of the House of Lords. An amendment to the 1999 Act was proposed in 2016 by Labour peer Lord Grocott to abolish by-elections, this would result in vacancies not being filled and the number of hereditary peers diminishing over time. This was filibustered by Conservative hereditary peer Lord Trefgarne.[19]

    In the 2023–2024 Parliamentary session, MP John Spellar and Lord Grocott sponsored Private Members Bills to abolish by-elections to the House of Lords.[20] [21]

    In the 2024 King's Speech, it was announced that Sir Keir Starmer's Labour government will introduce a bill to remove the right of the remaining hereditary peers to sit and vote in the House of Lords.[22]

    See also

    Notes and References

    1. For example:
      • Web site: By-elections to replace six hereditary peers . 2023-11-06 . parliament.uk . 12 May 2021 . Under the terms of an informal agreement amongst the parties and groups in the House of Lords, it is expected that this vacancy will be filled by an hereditary peer who will sit as a crossbench member of the House.
      • Hereditary Peers: By-elections. House of Lords. 10 November 2021. 1703. Lord True. Yes, there is a by-election today. I have voted in it and, in accordance with the Carter convention, I voted for a Labour Peer. I have kept to the agreements made in 1999..
    2. Web site: 1999-07-26 . Hansard, Vol 604 No 126 Cols 1290-1292 . 2008-05-19 . Publications.parliament.uk.
    3. Web site: By-Elections in the House of Lords . 15 November 2012 . Parliament.uk . The by-election must take place within three months of any vacancy occurring..
    4. Web site: Minutes of Proceedings for 25 July 2024: Business of the House. House of Lords. 26 July 2024.
    5. Web site: Pownall . Michael . 6 November 2010 . Conservative Hereditary Peers' By-election . dead . https://web.archive.org/web/20101106210652/http://www.parliament.uk/documents/lords-information-office/holnotice20100601.pdf . 6 November 2010 . House of Lords.
    6. Web site: By-election in the House of Lords - News from Parliament - UK Parliament . 2016-12-31 . Parliament.uk.
    7. Web site: 25 May 2010 . Register of Hereditary Peers who wish to stand for election as members of the House of Lords under Standing Order 10 (Hereditary peers: by-elections) as at 25 May 2010 . dead . https://web.archive.org/web/20110920144037/http://www.parliament.the-stationery-office.co.uk/pa/ld201011/ldelect/2/2.pdf . 20 September 2011.
    8. Including a single vote in June 2021 which filled three vacant seats, and two votes in July 2022 and October 2022 which filled two vacant seats each.
    9. Including a single vote in September 2023 which filled two vacant seats.
    10. News: Earl of Devon elected to the Lords in a poll of his hereditary peers. Jessica Elgot Political. correspondent. The Guardian. 4 July 2018. www.theguardian.com.
    11. Web site: Business of the House Motions . UK Parliament . 24 March 2020.
    12. Web site: House of Lords Business – General motion. UK Parliament. 7 September 2020. 8 September 2020.
    13. Web site: House of Lords Business – General motion. UK Parliament. 14 December 2020. 15 December 2020.
    14. Web site: House of Lords Business – General motion. UK Parliament. 22 February 2021. 23 February 2021.
    15. Web site: Resumption of hereditary peers' by-elections. House of Lords. 26 April 2021. 27 April 2021.
    16. Web site: The Earl of Sandwich. UK Parliament. 20 May 2024.
    17. Web site: Lord Willoughby de Broke. UK Parliament. English. 11 July 2024.
    18. Web site: About . Queen's University Belfast . Act of Union . October 13, 2012 . dead . https://web.archive.org/web/20120225111125/http://www.actofunion.ie/actofunion.htm . February 25, 2012 .
    19. News: 9 December 2016 . Hereditary peers reform plan runs out of time . 11 September 2017 . . BBC.
    20. Web site: House of Lords (Hereditary Peers) (Abolition of By-Elections) (No. 2) Bill . 2024-01-11 . UK Parliament.
    21. Web site: House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL] ]. 2024-01-11 . UK Parliament.
    22. Web site: The King's Speech 2024. Prime Minister's Office, 10 Downing Street. 17 July 2024. 26 July 2024.