Can Mandelson be stripped of his peerage after the Epstein scandal?

Peter Mandelson has had his share of ups and downs in public life, but his latest gyration is surely the most dramatic. Popping in and out of government is one thing. But vaulting from private lobbyist to the palatial splendour of the Washington embassy and then back down to the status of political pariah – all in less than a year – has few parallels anywhere. How low can Mandelson go? It’s a matter for debate…

Who knows? There are calls, including from some in his own party, for Baron Mandelson of Foy in the County of Herefordshire and of Hartlepool in the County of Durham to be stripped of his peerage, awarded to him in 2008 on one of his returns to the cabinet.

Yes and no. He was already on “leave of absence” from the House of Lords, where he remains a member, because his full-time diplomatic role meant he could not attend. In principle, he could now return to being a full member of the Lords, to speak, vote and otherwise contribute, albeit perhaps no longer with the Labour whip.

If he wanted to voluntarily resign from the House of Lords he could do so thanks to the 2014 House of Lords Reform Act. He would relinquish his peerage in its constitutional role, but like many other peers – hereditary, or appointed only for their own lifespan – he could still use his title and enjoy the dignity of being Lord Mandelson.

If the government or his fellow peers sought to deprive him of his peerage, that would be much more difficult.

He can, but it would require a special act of parliament. This deprivation of a title has only been done before in the case of four German aristocrats during the First World War, under the 1917 Titles Deprivation Act. Given that Mandelson has not (yet) “borne arms against His Majesty or His Allies, or… adhered to His Majesty’s enemies”, Mandelson’s in the clear on this one.

Even if he did lose his title, he could still use “the Right Honourable Peter Mandelson” unless the King chose to dismiss him from the privy council on the advice of his ministers. That hasn’t happened to anyone since 2011.

Yes, if he’d broken the law or the House of Lords code of conduct, and other peers voted to boot him out. But he would still be able to call himself Lord Mandelson.

Even attempts at such exclusions are extremely rare: Nazir Ahmed and John Sewel both quit before they could be thrown out, and they retain their titles – even though Ahmed was in jail for serious sexual offences. Other peers have been removed automatically for lack of attendance.

The SNP has tabled an early day motion in the House of Commons calling on the government “to take legislative steps to remove his peerage” – a symbolic move. On balance it would be worth Starmer doing, but it’s a lot of fuss.

Of course, Mandelson’s informal title of Prince of Darkness is active in perpetuity.