2.2 The comparative powers of the House of Commons and House of Lords Flashcards
What are the exclusive powers of the House of Commons?
1) Giving consent to taxation and public expenditure (Welfare Reform Bill 2012) - represents the taxpayer - Lords debates money bills but cannot interfere in them - annual budget by Chancellor
2) Confidence and supply - in event of minority - e.g. 2017 (Tories and the DUP - in exchange for £1 billion of money pledge to NI) - not a formal coalition, but govt has limited agreement w/ another party to keep itself in office (or the prop up seats to a majority for voting) - supporting party provides backing on a vote of no confidence - will vote through govt’s budget - smaller party receives concessions - 1977-78 - Callaghan - ‘Lib-Lab Pact’
- Talk of SNP propping up minority labour govt if there was a hung parliament in 2015
3) Can hold vote of no confidence and bring down a govt - triggers an election - brought down Labour minority govt in 1979
4) Salisbury Convention
5) Secondary legislation - sole job of Commons - but there are some exceptions - such as 2015 Lords amendments to tax credit regulations - led to Strathclyde review of Lords’ role - stated Commons could override Lords changes
What is the most important LEGAL restraint on the power of the Lords?
Parliament Acts of 1911 and 1949
1911 - came about when Lords broke convention, established since late 17th century - that they shouldn’t interfere with taxation matters - aristocratic outrage at new taxes on land and wealth - Liberal’s ‘People’s budget’ of 1909
- The Lords cannot delay money bills
- Power to veto non-financial bills replaced by power of delay lasting 2 parliamentary sessions (years)
1949 - Attlee govt faced with opposition from Lords to iron and steel nationalisation bill - used 1911 act to push through modification
- Halved the length of time that the upper house could delay (1 year)
What is the Salisbury Convention?
1945 - agreed shortly after general election
- Named after Conservative opposition leader in the upper house, Lord Salisbury - stated that Lords wouldn’t oppose bill that gave effect to a commitment contained in manifesto of winning party at election
- Response to election of Britain’s first majority Labour govt - committed to radical reforming programme
What distinctive powers does the House of Lords have?
1) Acts mainly as a revising chamber, proposing amendments to government legislation, which it is up to the government to decide whether to accept or reject
2) Can delay non-financial legislation for 1 year
3) Only scenario in which Lords retains veto - extremely unlikely one - if a govt were to attempt to prolong life of parliament beyond its legal maximum term of 5 years, the Lords is legally empowered to force it to hold a general election
In what ways is the Lords becoming more important?
1) Removal of most hereditary peers - 1999 - legitimacy increased by life peers - appointed for service in different walks of life - life peers more likely to play regular part in work of the House - many hereditary peers rarely appeared at Westminster - a more reform Lords more inclined to challenge govt
2) Traditional dominance of Tories came to end in Lords - no party has overall control of Lords - careful management of Lords has become more important for govt - Lib Dems peers - growing independence during new labour - after 2005 election - opposed Blair’s proposals for identity cards - argued the Salisbury Convention didn’t apply - because Labour was only elected on 35.2% of the vote
3) Cross-bench peers - began to play more important role in holding govt to account - neutral figures so more likely to assess bill on its merits and to decide accordingly whether to support or oppose the government
- E.g. - cross-bench peer - Lord Owen - former doctor - played leading role in opposing coalition govt’s Health and Social Care Bill - govt accepted all amendments proposed in Lords - passed in 2012
How many defeats in the Lords did the Conservative governments of 1979-97 suffer?
241
How many defeats did the new Labour governments from 1997-2010 suffer in the Lords?
528
How many defeats did the coalition govt suffer in the Lords?
99
How many Lords defeats has the Conservative government suffered since the 2019 election?
114
In what ways does the Commons maintain its supremacy?
1) When clashes occur - govt can make use of majority in Commons to overturn critical Lords amendments - E.g. - Feb 2012 - coalition govt reject 7 amendments to its Welfare Reform and Work Bill - argued that only the Commons was entitled to take decisions with large financial implications
2) ‘Parliamentary ping pong’ - e.g. - 2005 Prevention of Terrorism Bill - introduced control orders - entailed a marathon sitting of 30 hours
- Lords wanted ‘sunset clause’ - that it would expire after 1 year unless further legislation passed to renew it
- In the end - up to govt to decide whether to accept or reject proposed changes by Lords - Lords backed down following compromise - govt promised review year later
3) Commons can use the Parliament Act to force bill through if Lords opposes Commons
4) Lords will usually drop opposition after making point - recognises its lack of democratic legitimacy
When did the Blair govt use the Parliament Act to force a bill through the Lords?
1) Changing the voting system for European parliament elections (1999)
2) Equalising the age of consent for gay and heterosexual people (2002)
3) Banning hunting with dogs (2004)
What is an example of the Lords taking a stand on an issue, but self-restraint prevails in a clash between the two houses?
The Lords’ defeat of the Cameron government’s plans for cuts to tax credits, Oct 2015:
- Voted to delay planned cuts to tax credits to compensate those affected - emotionally charged issue - purpose of tax credits was to support low-income working people
- Raised a constitutional issue - was argued that Lords shouldn’t be involved in financial issues
- Peers were within their rights - as the tax credit changes were incorporated in a ‘statutory instrument’ rather than in primary legislation - Lords technically allowed to reject this
Highlighted limits of Lords’ power - chose not to pursue a more controversial Lib Dem motion to block the changes completely.
