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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
AnswersAnswers
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.
Do we need an Do we need an Upper Chamber?Upper Chamber?
To identify the membership & key To identify the membership & key functions of the HoLfunctions of the HoL
To compare the functions of the To compare the functions of the HoC with those of the HoLHoC with those of the HoL
Aims
Your taskYour task
With your partner and Watts can you With your partner and Watts can you write short definitions of the write short definitions of the following:following:
Lords TemporalLords Temporal Lords SpiritualLords Spiritual Hereditary peersHereditary peers Life peersLife peers Non-party or ‘people’s peers’Non-party or ‘people’s peers’ CrossbenchersCrossbenchers
Membership of HoLMembership of HoL
Lords Temporal (Peers that have been created Lords Temporal (Peers that have been created by the monarch on the advice of the PM)by the monarch on the advice of the PM)
Lords Spiritual (26 most senior bishops)Lords Spiritual (26 most senior bishops) Hereditary peers (Peers who inherited their Hereditary peers (Peers who inherited their
title)title) Life peers (Appointed as members for life, i.e. Life peers (Appointed as members for life, i.e.
non-hereditary)non-hereditary) Non-party or ‘people’s peers’ (Recommended on Non-party or ‘people’s peers’ (Recommended on
the advice of the public by the Appointments the advice of the public by the Appointments Commission)Commission)
Crossbenchers (Independent peers)Crossbenchers (Independent peers)
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 reform (1999)After reform (1999)
Conservative32%
Labour29%
Liberal Democrats9%
Crossbench25%
Archbishops & bishops
4%
Peers on leave of absence
1%
Your taskYour task
Study Watts p.186-7 and create a Study Watts p.186-7 and create a spider diagram summarising the key spider diagram summarising the key functions of the HoL:functions of the HoL:
legislative rolelegislative role scrutinising rolescrutinising role deliberative roledeliberative role legitimating rolelegitimating role judicial rolejudicial role
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
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
Do you think the House of Lords still Do you think the House of Lords still has an important role to play in has an important role to play in modern society? Look back over the modern society? Look back over the different functions of the House of different functions of the House of Lords and decide which in your view Lords and decide which in your view is the most important. Be prepared is the most important. Be prepared to explain your choice.to explain your choice.
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
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