Watch ‘Parliament Uncovered’ on the Watch ‘Parliament Uncovered’ on the House of Lords and complete a table House of Lords and complete a table similar to the one below. What are the similar to the one below. What are the differences between Life, Hereditary & differences between Life, Hereditary & People’s Peers?People’s Peers?

Starter

Differences from the Differences from the HoCHoC

Similarities with HoCSimilarities with HoC

Differences from the Differences from the HoCHoC

Similarities with HoCSimilarities with HoC

UnelectedUnelected

Lords (not MPs) – Life, Lords (not MPs) – Life, Hereditary & People’sHereditary & People’s

Second Chamber & has a Second Chamber & has a secondary rolesecondary role

Not paidNot paid

Judicial role – includes Judicial role – includes Law LordsLaw Lords

Includes clerics – Includes clerics – bishops & archbishopsbishops & archbishops

ScrutinisesScrutinises

DebatesDebates

Select committees Select committees (though not (though not departmental)departmental)

WhipsWhips

Speaker (though called Speaker (though called Lord Chancellor in HoL)Lord Chancellor in HoL)

Acts as a check on govt.Acts as a check on govt.

House of LordsHouse of Lords

Composition & functionsComposition & functions

Visit: http://news.bbc.co.uk/1/hi/special_report/1999/01/99/lords_reform/252856.stm

Composition of the LordsComposition of the Lords

November 1999 House of Lords ActNovember 1999 House of Lords Act (second stage recently abandoned)(second stage recently abandoned)

First stage of reform of First stage of reform of upper houseupper house 92 92 hereditary peershereditary peers ( (c.10% of totalc.10% of total) )

remainedremained 10 hereditary peers given 10 hereditary peers given life peerageslife peerages 2000,2000, Appointments Commission Appointments Commission

set up to recommend ‘set up to recommend ‘people’s peerspeople’s peers’’ 679 peers, 113 women (679 peers, 113 women (Feb. 2004Feb. 2004))

Baroness Amos. Are women better represented in the HoL compared with the HoC?

Before reformBefore reform

Conservative39%

Labour15%

Liberal Democrats6%

Crossbench29%

Archbishops & bishops

2%

Peers without writs of summons

4%

Peers on leave of absence

5%

After reformAfter reform

Conservative32%

Labour29%

Liberal Democrats9%

Crossbench25%

Archbishops & bishops

4%

Peers on leave of absence

1%

Key functionsKey functions

LegislatiLegislative roleve role

ScrutinisScrutinisinging role role

DeliberatDeliberativeive role role

LegitimatLegitimatinging role role

Judicial Judicial rolerole

Legislative roleLegislative role

HoL amends & revises Bills sent from HoCHoL amends & revises Bills sent from HoC More leisurely pace & less More leisurely pace & less partisan partisan allows allows

for more detailed examination of Billsfor more detailed examination of Bills Substantive amendments likely to be Substantive amendments likely to be

overturned in HoCoverturned in HoC

Parliament Act, 1911Parliament Act, 1911

Removed Lords power of veto over Removed Lords power of veto over public legislationpublic legislation

Power to delay Bills for maximum of Power to delay Bills for maximum of two years (reduced to 1 year, Parl. Act, two years (reduced to 1 year, Parl. Act, 1949)1949)

Removed HoL power to amend or veto Removed HoL power to amend or veto money Billsmoney Bills

Powers to veto any proposal to extend Powers to veto any proposal to extend life of a Parl. Beyond 5 yearslife of a Parl. Beyond 5 years

Legislative roleLegislative role

Legislative roleLegislative role

Salisbury doctrineSalisbury doctrine (convention) (convention) Conservative Leader of the Lords, Lord Conservative Leader of the Lords, Lord

Salisbury, 1945Salisbury, 1945 ““Since Labour govt. had a Since Labour govt. had a mandatemandate to to

introduce policies such as introduce policies such as nationalisationnationalisation & & welfare statewelfare state, Lords , Lords should not oppose them at second should not oppose them at second reading”reading”

Scrutinising roleScrutinising role

HoL no structure of departmental HoL no structure of departmental select committeesselect committees

HoL can set up committees to HoL can set up committees to investigate particular policy areas or investigate particular policy areas or subjectssubjects

Scrutinising roleScrutinising role

Select Committee on European Select Committee on European CommunitiesCommunities

6 sub-committees6 sub-committees Investigates Euro policies which raise Investigates Euro policies which raise

important questions of policy or principleimportant questions of policy or principle Could consider ‘merits’ of proposals as Could consider ‘merits’ of proposals as

well as detailwell as detail Could employ specialist advisersCould employ specialist advisers Widely admired (e.g. Norton)Widely admired (e.g. Norton)

Scrutinising roleScrutinising role

Joint committee for scrutinising Joint committee for scrutinising delegated legislationdelegated legislation

Members of both Houses scrutinised Members of both Houses scrutinised delegated legislation such as delegated legislation such as statutory instrumentsstatutory instruments

In addition, 1992, Delegated Powers In addition, 1992, Delegated Powers Scrutiny Committee to consider Scrutiny Committee to consider proposed powers to be delegated to proposed powers to be delegated to ministers under new Billsministers under new Bills

Scrutinising roleScrutinising role

Question Time in HoLQuestion Time in HoL Question time is briefer (30 mins. Question time is briefer (30 mins.

Compared with 55 mins for Compared with 55 mins for Ministerial Questions)Ministerial Questions)

Up to four ‘Up to four ‘starred questionsstarred questions’ ’ answered per day by one peeranswered per day by one peer

DeliberativeDeliberative role role

Whips are present but not adhered Whips are present but not adhered to as rigidly as in HoCto as rigidly as in HoC

Quality of HoL debates is open to Quality of HoL debates is open to interpretation (interpretation (click here for Adonis viewclick here for Adonis view))

Legitimating roleLegitimating role

HoC is chief HoC is chief legitimatinglegitimating (approval (approval giving) body because it is electedgiving) body because it is elected

HoL contributes to legitimating HoL contributes to legitimating because it gives formal approval to because it gives formal approval to BillsBills

JudicialJudicial role role

HoL is the highest court of appealHoL is the highest court of appeal Law Lords (including Lord Law Lords (including Lord

Chancellor) are part of HoLChancellor) are part of HoL

Statutory instrumentsStatutory instruments

““In order to reduce unnecessary pressure In order to reduce unnecessary pressure on parliamentary time, primary legislation on parliamentary time, primary legislation often gives ministers or other authorities often gives ministers or other authorities the power to regulate administrative the power to regulate administrative details by means of secondary or details by means of secondary or delegated legislation known as statutory delegated legislation known as statutory instruments. These instruments are as instruments. These instruments are as much the law of the land as an Act of much the law of the land as an Act of Parliament. There are about 2,000 Parliament. There are about 2,000 statutory instruments each year”statutory instruments each year”

HMSO, 1994, pp.77-8HMSO, 1994, pp.77-8

Starred questionsStarred questions

Starred questions are so-called because Starred questions are so-called because they appear on the order paper with an they appear on the order paper with an asterisk against them. They are asked in asterisk against them. They are asked in order to obtain specific information, and not order to obtain specific information, and not with a view to making a speech or raising a with a view to making a speech or raising a debate, although supplementaries may be debate, although supplementaries may be asked. In addition ‘unstarred’ (debatable) asked. In addition ‘unstarred’ (debatable) questions may be asked at the end of questions may be asked at the end of business on any day, when speeches may be business on any day, when speeches may be made.made.

HMSO, 1994, pp.91-2HMSO, 1994, pp.91-2

HoL Debates – Adonis HoL Debates – Adonis viewview

““Lords debates may not entirely be Lords debates may not entirely be without influence, but they rarely without influence, but they rarely make an impact which is more than make an impact which is more than minor and indirect.”minor and indirect.”

Adonis, 1993, p.216Adonis, 1993, p.216