What subsequent for Peter Mandelson as peerage and title underneath menace over Epstein hyperlinks
Keir Starmer has made it clear he does not want Peter Mandelson in the House of Lords any longer as fresh allegations came to light – but it isn’t as straightforward as he would like
Peter Mandelson pictured in a bathrobe with friend Jeffrey Epstein(Image: US Committee on Oversight and Government Reform)
Ministers are scrambling to find ways to kick Peter Mandelson out of the House of Lords, as anger grows over the latest allegations about his conduct.
On Monday it emerged that police are investigating allegations of misconduct in public office amid claims Mandelson leaked sensitive information to paedophile Jeffrey Epstein. The allegation came to light as millions of documents were released by the US Department of Justice.
These files also include an image of Mandelson in his underpants with an unidentified woman, which is claimed to have been taken in Epstein’s Paris flat.the US Department of Justice released millions of documents. Mandelson himself has suggested he does not intend to go quietly.
In an interview with The Times he said: “Hiding under a rock would be a disproportionate response to a handful of misguided historical emails, which I deeply regret sending. If it hadn’t been for the emails, I’d still be in Washington.”
READ MORE: Peter Mandelson responds to photo of himself in underpants in Epstein filesREAD MORE: Peter Mandelson ‘misconduct’ reports reviewed by police amid Epstein files fury
Can’t the PM just kick him out?
Keir Starmer does not have the power to remove Mandelson, despite saying he believes he should not sit in the upper chamber anymore.
The Government is investigating ways to pass legislation to ensure that peers who bring Parliament into disrepute – and there are plenty of other examples – can be axed. No10 has made it clear that the PM wants Mandelson out of the Lords.
And on Tuesday morning health minister Karin Smyth confirmed that cross-party talks have started about bringing new legislation. Ms Smyth said: “We’re all learning the rules. Peter Mandelson is not the first Lord to have been in disrepute.
“But this issue is about bringing forward new legislation. We don’t have a majority in the House of Lords, so that has to be done in cooperation with all parties. That’s why we’ve asked for all parties to come together to look at look at this, and make sure that any legislation comes forward is fit for purpose.
“And it’s not just about one individual, it is a wider issue. So we have set that process in train.” She said other parties were approached on Monday to look at ways of drawing up legislation.
But… would he still be a Lord?
Even if Mandelson resigned from the Lords, relinquishing his peerage, he would not be stripped of his title. This bizarre loophole means he would continue to be known as Lord Peter Mandelson of Foy and Hartlepool even if he was not a member of the Lords anymore.
Removing a title would be very tricky. As a result several former peers still use their Lord title, as do hereditary peers who were removed 30 years ago.
It would take an act of Parliament to remove a title. The Guardian points out that it’s not used very often though, and only in the most extreme circumstances. In 1917 the Titles Deprivation Act was passed, removing peerages from a group of lords who helped the UK’s enemies during World War One.
What if he just doesn’t show up?
The quietest way Mandelson could go – without having to resign – would be to simply not turn up.
He is currently on a leave of absence from the Lords having been appointed ambassador to the US. This means that he can continue despite not appearing in the chamber.
But given he’s been sacked, his role is no longer a reason for him not to attend. This means he needs to come back and retake his oath in the next Parliamentary session. If he does not, his membership will automatically lapse.
Are there any other routes?
Well, in theory a peer could be expelled if they are found to have broken the Lords code of conduct.
This would be done using the House of Lords Reform Act of 2014. But it’s not clear-cut. Firstly it is not clear how much the strengthened code of conduct would impact Mandelson’s case.
Because the alleged offences predominently date back to the 2010s, there is a question mark over whether stronger standards would apply.
