2.2 Comparative powers of HoC and HoL

Question 1

4

Describe the exclusive powers of the House of Commons

Answer 1

• Can veto (reject) legilsation, even from governing party’s manifesto
• ‘Right to insist’ that legislation is passed (Commons is supreme) - HoL can only delay legislation for one year, cannot veto
• Financial priviledge
• Can dismiss government by passing motion of no confidence

Question 2

3

Describe the reasonable time convention

Answer 2

• All government business should be considered in reasonable time
• Mostly restricts HoL
• Speaker sets guillotine - time of day at which debate must end

Question 3

3

Describe financial priviledge

Answer 3

• Finance bills start in HoC
• Lords cannot reject or amend ‘money bill’
• loose term - can include health, environmental, etc bills (most bills can be associated to this term) - HoC can claim financial privilege to bypass HoL and get royal assent

Question 4

3

Describe the Blair Convention

Answer 4

• vote should take place in HoC to give govt mandate to declare war a la Blair on Iraq War
• Cameron followed measure in 2013 on potential Syrian military intervention
• Theresa May ignored convention when launching strikes against Syria in 2018 and Rishi Sunak against Yemen in 2024

Question 5

5

Describe the main powers of the House of Lords

Answer 5

• Delay legislation up to one uear
• Amend legislation - amendments go back to Commons for approval in ‘parliamentary ping-pong’
• scrutinise exective through select committees
• Reserve power - can agree to delay in election, or insist on it taking place (by convention would reject HoC decision to extend life of Parliament beyond 5 years - protect civil liberties)
• Propose PMBs

Question 6

6 each

Compare the HoC and HoL

Answer 6

HoC
* elected
* reject any legislation
* amend any legislation
* govt budget requires its approval
* highly partisan and adversarial
* provides government with legitimacy and democratic mandate - accountable at GE

HoL
* Unelected, largely appointed
* Cannot obstruct manifesto commitments and can only delay legislation for up to one year
* Amendments must go back to HoC for approval (revising chamber)
* Does no vote on ‘money bills’ (money bills pass, with or without HoL approval, after one month)
* More party-independent, thus less adversarial
* has no democratic mandate

Question 7

3 - (3) (4) (4)

Describe the argument that the HoL is important

Answer 7

• The expertise of its membership grants it importance
  
  • expansion of life peers has gave rise to industry/political e.g. Baroness Grey-Thompson
  • Amendments to legislation given greater consideration due to percieed expertise
  • therefore plays crucial role as ‘revising chamber’
• Plays important role in scrutinising government
  
  • HoL Committee on Secondary Legislation can scrutinise Sis in ways burdoned MPs do not have time for
  • ministerial question time allows questioning of ministers from experts e.g. Lord Cameron (FS)
  • Thus fulfills important role in holding government to account in ways HoC cannot - crucial part of bicameral system
  • Enhanced by weakness of party whip/crossbenchers
• Limits executive dominance of legislative
  
  • Government lacks majority in HoL + Lords act more independently
  • Limits fusion of powers by executive dominance, esp if large majority in HoC (e.g. Blair 1997-2005)
  • Can raise important issues neglected by government of day - ad hoc committees
  • also limit them acting beyond powers - ‘reserve power’ on GE

Question 8

3 - (5) (3) (3)

Describe the argument that the HoL is not important

Answer 8

• Unelected membership means it lacks legitimacy
  
  • Unelected + unrepresentative - 92 heriditary peers
  • therefore HoL less willing to challenge government for fear of overiding popular sovereignty e.g. criticism of Justin Welby
  • Salisbury convention
  • government can ignore amendments e.g. EU WIthdrawal Bill 2020
  • serves subsidiary role
• Scrutiny function limited
  
  • HoC can bypass HoL by declaring most bills to be ‘money bills’, thereby avoiding scrutiny
  • HoL committees lack stature of HoC counterparts (e.g. Liaison Committee)
  • Little evidence HoL affects government decision-making
• Commons remains supreme
  
  • Greater fusion of powers at Commons - HoL provides few ministers
  • Rare exceptions e.g. Lord Goldsmith served as Minister of State in Environment, Climate Change and Energy
  • Difference in veto powers confirms Lords is considered unimportant compared to elected counterpart