Select Committee on Privileges Second Report


APPENDIX 1

Statement of Issues agreed between the Lord Gray and Her Majesty's Government

  1.  The Crown have introduced a Bill, the long title of which, after amendment at Report Stage in the House of Lords, now reads thus: "to restrict membership of the House of Lords by virtue of a hereditary peerage; to make related provision about disqualifications for voting at elections to, and for membership of, the House of Commons; to establish an Appointments Commission with functions in relation to the conferment of life peerages under the Life Peerages Act 1958; and for connected purposes."

  2.  Clause 1 of the Bill, as amended on Report, provides that—

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

  3.  Clause 2 of the Bill (as amended on Report), makes provision for hereditary peers, including peers of Scotland, to be excepted from the application of clause 1 of the Bill.

  4.  The Bill (as amended on Report) would not, if enacted, guarantee the right of any peers of Scotland to sit in the House of Lords, nor would it guarantee that any person would sit in the House of Lords by virtue of having any other connection with Scotland.

  5.  The question that the House has referred to the Committee is whether the House of Lords Bill (as amended on Report) would, if enacted, breach the provisions of the Treaty of Union between England and Scotland.

  6.  The primary issue that the question raises is whether the Bill (as so amended) would, by removing after the end of the Session of Parliament in which it is enacted the right of the peers of Scotland who now sit in the House, without guaranteeing the right of any peers of Scotland or of any other person having a connection with Scotland to sit in the House of Lords in subsequent Sessions, breach Article XXII of the Acts of Union of 1706 and 1707.

  7.  In addressing the primary issue, it will or may be necessary to consider—

    (i)  The role the Committee may properly perform in relation to the reference;

    (ii)  Whether the Parliament of Scotland transferred to the Parliament of Great Britain the power to repeal the Articles of the Act of Union of 1707;

    (iii)  Whether in any event the Parliament of the United Kingdom of Great Britain and Northern Ireland may repeal the Articles of the Act of Union of 1707;

    (iv)  Whether the Parliament of the United Kingdom of Great Britain and Northern Ireland has repealed Article XXII of the Act of Union of 1707;

    (v)  Whether the repeal or purported repeal of;

      (a)  Article XXII of the Union with England Act 1707 by the Statute Law Revision (Scotland) Act 1906, the Peerage Act 1963 and the Statute Law Revision (Scotland) Act 1964;

      (b)  Article XXII of the Union with Scotland Act 1706 by the Statute Law Revision Act 1867, the Peerage Act 1963 and the Statute Law Repeals Act 1993, is determinative of the primary issue.

Richard S Keen, QC

M Lynda Clark, QC
HM Advocate-General for Scotland

Michael G J Upton,
Advocate

Patrick S Hodge, QC
Philip J Sales
Treasury Counsel




 
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