Peerage Act 1963
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The Peerage Act 1963 (c. 48) is an Act of the Parliament of the United Kingdom that permits female hereditary peers and all Scottish hereditary peers to sit in the House of Lords and allows newly inherited hereditary peerages to be disclaimed.
A disclaimed peerage remains without a holder until the death of the disclaimer, and his heir succeeds to the peerage.
Background
The Act resulted largely from the protests of Labour politician Tony Benn, then the 2nd Viscount Stansgate.[1] Under British law at the time, peers of England, peers of Great Britain and peers of the United Kingdom who met certain qualifications, such as age (21), were automatically members of the House of Lords and could not sit in or vote in elections for the other chamber, the House of Commons.
At the time of the Act, thirty one peers in the Peerage of Scotland also had held titles in the respective peerages of England, Great Britain and the United Kingdom and were thus members of the House of Lords.
When William Wedgwood Benn, Tony Benn's father, agreed to accept the viscountcy, he ascertained that the heir-apparent, his eldest son Michael, did not plan to enter the House of Commons. However, within a few years of the peerage being accepted, Michael Benn was killed in action in the Second World War. Tony Benn, his younger brother, became heir apparent to the peerage and was elected to the House of Commons in 1950. Not wishing to leave it for the other House, he campaigned through the 1950s for a change in the law. In 1960, the 1st Viscount died and Tony Benn inherited the title, automatically losing his seat in the House of Commons as a member for the constituency of Bristol South East. In the ensuing by-election, however, Benn was re-elected to the Commons, despite being disqualified. An election court ruled that he could not take his seat, instead awarding it to the runner-up, the Conservative Malcolm St Clair.[2]
In 1963, the Conservative Government agreed to introduce a Peerage Bill, allowing individuals to disclaim peerages; it received royal assent on 31 July 1963.[3] Tony Benn was the first peer to make use of the Act. St Clair, fulfilling a promise he had made at the time of taking his seat, accepted the office of Steward of the Manor of Northstead the previous day,[4] thereby disqualifying himself from the House (outright resignation is prohibited), and Benn was then re-elected in Bristol South East at the ensuing by-election.
Disclaiming peerages
To disclaim a hereditary peerage, the peer must deliver an instrument of disclaimer to the Lord Chancellor within one year of succeeding to the peerage, or within one year after the passage of the Act, or, if under the age of 21 at the time of succession, before the peer's 22nd birthday. If, at the time of succession, the peer is a member of the House of Commons, then the instrument must be delivered within one month of succession, and until such an instrument is delivered, the peer may neither sit nor vote in the lower House. Prior to the House of Lords Act 1999, a hereditary peer could not disclaim a peerage after having applied for a writ of summons to Parliament; now, however, hereditary peers do not have the automatic right to a writ of summons to the House. A peer who disclaims the peerage loses all titles, rights and privileges associated with the peerage; if they are married, so does their spouse. No further hereditary peerage may be conferred upon the person, but a life peerage may be. The peerage remains without a holder until the death of the peer who had made the disclaimer, whereupon it descends to his or her heir in the usual manner.
The one-year window after the passage of the Act soon proved to be of importance at the highest levels of British politics, after the resignation of Harold Macmillan as Prime Minister in October 1963. Two hereditary peers wished to be considered to replace him, but by this time it was considered requisite that a prime minister sit in the Commons. Quintin Hogg, 2nd Viscount Hailsham and Alec Douglas-Home, 14th Earl of Home took advantage of the Act to disclaim their peerages, despite having inherited them in 1950 and 1951 respectively.[1] Sir Alec Douglas-Home, as Lord Home now became, was chosen as prime minister; both men later returned to the House of Lords as life peers.
Since the abolition in 1999 of the general right of hereditary peers to sit in the House of Lords, and the consequent removal of the general disability of such peers to sit in or vote for the House of Commons, it is no longer necessary for hereditary peers to disclaim their peerages for this purpose. In 2001, John Thurso, 3rd Viscount Thurso became the first British hereditary peer to be elected to the Commons and take his seat. Later that year, Douglas Hogg inherited the Hailsham peerage his father (Quintin Hogg) had disclaimed, but did not have to disclaim it himself to continue sitting in the House of Commons. In 2004, Michael Ancram inherited the marquessate of Lothian on the death of his father, and was also able to continue sitting as an MP. On their retirements from the House of Commons, Lord Lothian and Lord Hailsham entered the House of Lords as life peers, while Lord Thurso was elected as an excepted hereditary peer after losing reelection as an MP. Since the chief purpose for the Act ended in 1999, there has only been one further disclaimer: Christopher Silkin, 3rd Baron Silkin, disclaimed his title in 2002. As of 2024, the barony of Silkin is the only title currently disclaimed under the terms of the Peerage Act 1963.
The Peerage Act 1963 only applies to titles held in the Peerage of England, the Peerage of Scotland, the Peerage of Great Britain, and the Peerage of the United Kingdom. No provision was made by the Act for titles in the Peerage of Ireland to be disclaimed, as the entitlement of new Irish representative peers to be elected to sit in the House of Lords was considered to have lapsed after most of Ireland became independent as the Irish Free State in December 1922 (and the last surviving Irish representative peer had died in 1961).
List of disclaimed peerages
| Template:Double-dagger | Indicates peerage which is currently disclaimed |
| Title(s) | Disclaimed by; life | Time disclaimed | Notes | Ref. | |
|---|---|---|---|---|---|
| Viscount Stansgate | Template:Efn | Tony Benn 2nd Viscount 1925–2014 |
1963 to 2014 | Extant; inherited in 2014 by Stephen Benn, 3rd Viscount Stansgate |
[1][4] |
| Baron Altrincham | Template:Efn | John Grigg 2nd Baron 1924–2001 |
1963 to 2001 | Extant; inherited in 2001 by Anthony Grigg, 3rd Baron Altrincham |
[4][5] |
| Earl of Home | Template:Efn | Sir Alec Douglas-Home 14th Earl 1903–1995Template:Efn |
1963 to 1995 | Extant; inherited in 1995 by David Douglas-Home, 15th Earl of Home |
[1][6] |
| Viscount Hailsham | Template:Efn | Quintin Hogg 2nd Viscount 1907–2001Template:Efn |
1963 to 2001 | Extant; inherited in 2001 by Douglas Hogg, 3rd Viscount Hailsham |
[1][7] |
| Baron Southampton | Template:Efn | Charles FitzRoy 5th Baron 1904–1989 |
1964 to 1989 | Extant; inherited in 1989 by Charles FitzRoy, 6th Baron Southampton |
[8] |
| Baron Monkswell | Template:Efn | William Collier 4th Baron 1913–1984 |
1964 to 1984 | Extant; inherited in 1984 by Gerard Collier, 5th Baron Monkswell |
[9] |
| Baron Beaverbrook | Template:Efn | Sir Max Aitken, 2nd Baronet 2nd Baron 1910–1985 |
1964 to 1985 | Extant; inherited in 1985 by Maxwell Aitken, 3rd Baron Beaverbrook |
[10] |
| Earl of Sandwich | Template:Efn | Victor Montagu 10th Earl 1906–1995 |
1964 to 1995 | Extant; inherited in 1995 by John Montagu, 11th Earl of Sandwich |
[11] |
| Baron Fraser of Allander | Template:Efn | Sir Hugh Fraser, Bt. 2nd Baron 1936–1987 |
1966 to 1987 | Extinct 1987 | [12] |
| Earl of Durham | Template:Efn | Antony Lambton 6th Earl 1922–2006 |
1970 to 2006 | Extant; inherited in 2006 by Edward Lambton, 7th Earl of Durham |
[13] |
| Baron Sanderson of Ayot | Template:Efn | Alan Lindsay Sanderson 2nd Baron 1931–2022 |
1971 to 2022 | Extant; inherited in 2022 by Michael Sanderson, 3rd Baron Sanderson of Ayot |
[14] |
| Baron Reith | Template:Efn | Christopher Reith 2nd Baron 1928–2016 |
1972 to 2016 | Extant; inherited in 2016 by James Reith, 3rd Baron Reith |
[15] |
| Baron Silkin | Template:Efn | Arthur Silkin 2nd Baron 1916–2001 |
1972 to 2001 | Inherited in 2001 by Christopher Silkin, 3rd Baron Silkin, who also disclaimed the peerage - now the only peerage to be disclaimed twice |
[16] |
| Baron Archibald | Template:Efn | George Christopher Archibald 2nd Baron 1926–1996 |
1975 to 1996 | Extinct 1996 | [17] |
| Baron Merthyr | Template:Efn | Trevor Lewis 4th Baron 1935–2015 |
1977 to 2015 | Extant; inherited in 2015 by David Lewis, 5th Baron Merthyr |
[18] |
| Earl of Selkirk | Template:Efn | Lord James Douglas-Hamilton 11th Earl 1942–2023Template:Efn |
1994 to 2023 | Extant; inherited in 2023 by John Douglas-Hamilton, 12th Earl of Selkirk |
[19] |
| Viscount Camrose | Template:Efn | Michael Berry 3rd Viscount 1911–2001Template:Efn |
1995 to 2001 | Extant; inherited in 2001 by Adrian Berry, 4th Viscount Camrose |
[20] |
| Template:Double-dagger Baron Silkin | Template:Efn | Christopher Silkin 3rd Baron born 1947 |
Since 2002 | [21] | |
- Notes
Other provisions
The Act granted peers of Scotland the same right to sit in the House of Lords as peers of England, Great Britain or the United Kingdom, thereby ending the election of Scottish representative peers and increasing the number of peers of Scotland in the Lords (who did not already sit as holder of another British peerage) from 16 to about 46.[22] An amendment that would have allowed Irish peers to sit in the House as well was defeated by ninety votes to eight.
The Act removed the disqualification of peers of Ireland, by virtue of an Irish peerage, to vote in elections for members of the House of Commons; and to sit in the British House of Commons without losing the privilege of peerage.[23]
The Act also granted suo jure hereditary women peers (other than those in the Peerage of Ireland) the right to sit in the House of Lords, which introduced twelve new women to the House. This was not the first time that women were members of the House of Lords; the Life Peerages Act 1958 allowed all life peers (men and women) to sit in the House. Irene Curzon, 2nd Baroness Ravensdale had already entered the Lords in 1958 through the receipt of a life peerage. The women who took their seats in the House after the Peerage Act 1963 and before the House of Lords Act 1999 were:
Scottish hereditary peers
- Notes
Scottish representative peers who became automatic members
| Peer | Elected as representative peer | Notes |
|---|---|---|
| Iain Murray, 10th Duke of Atholl | 1 October 1958 | |
| Roderick Sinclair, 19th Earl of Caithness | 21 February 1950 | |
| John Erskine, 13th Earl of Mar and 16th Earl of Kellie | 6 October 1959 | |
| David Drummond, 8th Earl of Perth | 2 April 1952 | |
| George Baillie-Hamilton, 12th Earl of Haddington | 16 November 1922 | |
| David Ogilvy, 12th Earl of Airlie | 13 January 1922 | |
| George Douglas-Hamilton, 10th Earl of Selkirk | 6 July 1945 | |
| David Carnegie, 11th Earl of Northesk | 6 October 1959 | |
| Ian Cochrane, 14th Earl of Dundonald | 6 October 1959 | |
| Nigel Forbes, 22nd Lord Forbes | 23 May 1955 | |
| Alexander Fraser, 20th Lord Saltoun | 15 November 1935 | |
| Charles St Clair, 17th Lord Sinclair | 6 October 1959 | |
| William Forbes-Sempill, 19th Lord Sempill | 15 November 1935 | |
| George Bruce, 7th Lord Balfour of Burleigh | 16 November 1922 | |
| Thomas Fairfax, 13th Lord Fairfax of Cameron | 6 July 1945 | |
| Henry Hepburne-Scott, 10th Lord Polwarth | 6 July 1945 |
Became eligible to sit
| Peer | Notes |
|---|---|
| David Douglas, 12th Marquess of Queensberry | |
| Lionel Erskine-Young, 29th Earl of Mar | |
| Sholto Douglas, 20th Earl of Morton | |
| Malcolm Leslie, 20th Earl of Rothes | Former representative peer |
| Alfred Maitland, 16th Earl of Lauderdale | |
| William Lindesay-Bethune, 14th Earl of Lindsay | Former representative peer |
| Alexander Leslie-Melville, 14th Earl of Leven and 13th Earl of Melville | |
| John Campbell, 10th Earl of Breadalbane and Holland | |
| Cecil FitzMaurice, 8th Earl of Orkney | |
| Lucius Cary, 14th Viscount Falkland | |
| Keith Arbuthnott, 15th Viscount of Arbuthnott | |
| Angus Campbell-Gray, 22nd Lord Gray | |
| John Sandilands, 13th Lord Torphichen | |
| Hugh Mackay, 14th Lord Reay | |
| James Erskine-Murray, 13th Lord Elibank | |
| Robert Hamilton, 13th Lord Belhaven and Stenton |
The holder of the Earldom of Newburgh wasn't eligible as she was an Italian citizen.
Irish hereditary peers
Irish peers with qualifying titles
- Ian Eden, 9th Baron Auckland and Peter Carington, 6th Baron Carrington are not counted on the list as they were both the 9th and 6th Barons of their respective Peerages in both the Peerage of Great Britain and Peerage of Ireland and their place in the order of precedence was Barons of the Peerage of Great Britain.
- Notes
Irish peers with full voting rights
| Template:Double-dagger | Indicates peerage whose holder is currently alive |
Female hereditary peers
| Template:Double-dagger | Indicates peerage whose holder is currently alive |
Who took their seat
Who did not take their seat
| Title | Name | Title by marriage | Date inherited peerage | |
|---|---|---|---|---|
| Baroness Furnivall | Template:Efn | Mary Dent | 3 May 1913 [25] | |
| Countess of Seafield | Template:Efn | Nina Caroline Studley-Herbert | 12 November 1915 | |
| Baroness Zouche | Template:Efn | Mary Frankland | 7 April 1917 | |
| Countess of Dysart | Template:Efn | Wenefryde Scott | 22 November 1935 | |
| Baroness Berners | Template:Efn | Vera Williams | 19 April 1950 | |
| Baroness de Ros | Template:Efn | Georgiana Maxwell | 9 August 1958 [25] | |
| Countess of Kintore | Template:Efn | Ethel Keith-Falconer | Viscountess Stonehaven | 26 May 1966 |
| Baroness Wharton | Template:Efn | Elisabeth Kemeys-Tynte | 22 July 1969 | |
| Lady Herries of Terregles | Template:Efn | Anne Fitzalan-Howard | Baroness Cowdrey of Tonbridge | 31 January 1975 |
| Countess of Dysart | Template:Efn | Rosamund Greaves | 2 June 1975 | |
- Notes
See also
References
External links
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- Cox, Noel. "The Legal Standing of the Peerage and Baronetage." New Zealand Universities Law Review.
- Peerage Act 1963.
- Women Hereditary Peers
- Image of the Act on the Parliamentary website
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