Letter to Viscount Monckton of Brenchley from David Beamish, the Clerk of the Parliaments.
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Dear Lord Monckton
My predecessor, Sir Michael Pownall, wrote to you on 21 July 2010, and again on 30 July 2010, asking that you cease claiming to be a Member of the House of Lords, either directly or by implication. It has been drawn to my attention that you continue to make such claims.
In particular, I have listened to your recent interview with Mr Adam Spencer on Australian radio. In response to the direct question, whether or not you were a Member of the House of Lords, you said “Yes, but without the right to sit or vote”. You later repeated, “I am a Member of the House”.
I must repeat my predecessor’s statement that you are not and have never been a Member of the House of Lords. Your assertion that you are a Member, but without the right to sit or vote, is a contradiction in terms. No-one denies that you are, by virtue of your letters Patent, a Peer. That is an entirely separate issue to membership of the House. This is borne out by the recent judgment in Baron Mereworth v Ministry of Justice (Crown Office) where Mr Justice Lewison stated:
“In my judgment, the reference [in the House of Lords Act 1999] to ‘a member of the House of Lords’ is simply a reference to the right to sit and vote in that House … In a nutshell, membership of the House of Lords means the right to sit and vote in that House. It does not mean entitlement to the dignity of a peerage.”
I must therefore again ask that you desist from claiming to be a Member of the House of Lords, either directly or by implication, and also that you desist from claiming to be a Member “without the right to sit or vote”.
I am publishing this letter on the parliamentary website so that anybody who wishes to check whether you are a Member of the House of Lords can view this official confirmation that you are not.
David Beamish
Clerk of the Parliaments
15 July 2011