Lady Hale, the former president of the supreme court, is among 11 peers who appear to have neglected their duties in the House of Lords after failing to take an oath to King Charles – a requirement for them to perform any part of their constitutional role.
Among the other peers is Harry Carter (Lord Carter of Haslemere), a top lawyer working in Downing Street, who was appointed a peer by Theresa May nearly four years ago but has never taken part in the House of Lords.
All peers are required to swear or affirm the oath of allegiance to the new monarch after the death of Elizabeth II. Peers that have not taken the oath cannot sit or vote in the House of Lords, and attendance records show none of the 11 peers have taken part in parliamentary proceedings in the past year.
Other absentee peers include a former chief of staff to Gordon Brown; the house’s oldest member; and a lord who was suspended on two occasions over expenses claims.
Their failure to carry out even the basic requirement of their House of Lords duties risks the perception that a peerage is seen as an honour instead of an important role of legislative scrutiny, although some are yet to take the oath due to poor health of themselves or close family.
The requirement to swear an oath to the new monarch is a centuries-old custom and blocks anyone who does not take it from fulfilling their role in the second chamber. Some peers have gone out of their way to ensure they have fulfilled the requirement. In February, the terminally ill peer Frank Field, for example, made his first appearance in the Lords in almost two years to swear the oath.
Peers who have not taken the oath are free to use Westminster’s facilities, to hold meetings in parliament’s rooms, and take visitors to its subsidised bars and restaurants, but they are not eligible to claim the £342 daily attendance allowance.
Brenda Hale retired as the president of the supreme court in January 2020, allowing her to take her seat in the House of Lords as she was no longer a member of the judiciary. A life peer since 2004 when she was made a law lord and as such was not allowed to sit in the lords, Hale is yet to take part in the House of Lords since her retirement almost four years ago.
She told the Guardian: “Now that I have retired, I plan to play a modest part and some weeks ago I arranged induction sessions which will take place later this month.”
She added: “I do not accept that I have neglected any ‘duties’ because I was not appointed as a parliamentarian. My participation was impeded by a combination of the Covid restrictions and contractual commitments.”
Lord Carter, who has been a government lawyer for more than three decades, was given a peerage in Theresa May’s resignation honours in 2019. But Carter has never taken the oath and has not participated in the Lords in the near four years since he was made a peer.
A source close to Carter said he would be formally introduced in December following his retirement from the civil service. They said he had “conscientiously sought to avoid any conflict of interest whilst working as a crown servant”.
His absence means he could have benefited from the title and style of a peer without taking any of the responsibilities of a member of the upper house, risking the perception it has been treated as an honour.
Other peers working in the civil service have taken their seats and then taken leaves of absence, granted to those who cannot attend because of temporary circumstances such as sickness.
A different Lord Carter is also yet to take the oath to Charles. Stephen Carter (Lord Carter of Barnes) was made a peer in October 2008 after serving as Gordon Brown’s chief of staff when he was appointed a telecoms minister. He has not spoken or voted in the house since December 2009.
Lord Bhatia, appointed in 2001, is yet to take the oath to Charles. In October 2010, Bhatia was suspended for eight months from the House of Lords after being found to have broken expenses rules. He was ordered to pay back £27,000. He was suspended again for a further eight months in April 2016 after he was found to have claimed for the same mileage expenses from both the Lords and a charity.
The house’s oldest member, Lord Christopher, is another member among the 11 peers who has not taken the oath. Tony Christopher, 98, took a leave of absence in June 2021 until the end of the parliamentary session in April 2022. Christopher does not appear to have taken another leave of absence since then.
Other peers who have not taken the oath includes the 88-year-old Suffolk farmer Robert Dixon-Smith, a former Conservative local government spokesperson in the Lords; and Mark Saville (Lord Saville of Newdigate), another former justice of the supreme court.
The Labour peer Murray Elder, who has not spoken in almost two years, has also not taken the oath. A Lords source said that Lord Elder, 73, had been dealing with significant health issues for the past year but that he hoped to return in October.
Hector Mackenzie (Lord Mackenzie of Culkein) said he had been unable to attend due to lockdown and then the poor health of his partner.
A House of Lords spokesperson said: “The House of Lords is a busy and active revising chamber, doing important work to scrutinise and improve the legislation that affects us all. Members of the House are not full-time politicians and bring their expertise to bear on issues of which they have knowledge and experience.”
