2.5 The Main Functions Of The House Of Lords

Question 1

What is the primary role of the House of Lords in the legislative process?

Answer 1

The House of Lords serves as a revising chamber, focusing on refining and improving legislation.

Question 2

Where do most bills begin before being sent to the House of Lords?

Answer 2

Most bills begin in the House of Commons but are sent to the Lords for detailed scrutiny.

Question 3

How do members of the Lords enhance legislation?

Answer 3

Members of the Lords, drawing on their expertise, propose amendments that enhance the precision and effectiveness of legislation.

Question 4

What limits the power of the House of Lords to block legislation?

Answer 4

The Parliament Acts of 1911 and 1949 limit the power of the Lords, allowing the Commons to bypass the Lords after a year.

Question 5

What example illustrates the use of the Parliament Acts to bypass the Lords?

Answer 5

The Parliament Acts were used when the Lords rejected a bill to lower the age of consent for homosexual acts, enabling the government to pass the law without their consent.

Question 6

Why are the Lords significant in improving the quality of laws?

Answer 6

The Lords play a significant role in improving the quality of laws, especially when the Commons lacks the time or expertise to address all aspects of a bill.

Question 7

What was the Counter-Terrorism Bill (2008) about, and how did the Lords respond?

Answer 7

It proposed extending the detention period for terror suspects without charge from 28 to 42 days. The Lords rejected it, arguing it violated civil liberties and lacked sufficient evidence.

Question 8

How did the Lords influence the Internal Market Bill (2020)?

Answer 8

The Lords argued that the bill didn’t respect the powers of devolved governments, like Scotland and Wales, and pushed for changes to allow them more control. The government agreed to some changes.

Question 9

What was the “Dubs Amendment” in the EU Withdrawal Agreement Bill (2020)?

Answer 9

The “Dubs Amendment” aimed to protect unaccompanied child refugees by letting them join family in the UK. While strongly supported by the Lords, it was rejected by the Commons.

Question 10

What does scrutiny in the House of Lords involve?

Answer 10

Scrutiny involves examining the government’s actions and decisions, often through committees.

Question 11

What are the two main types of committees in the House of Lords?

Answer 11

Sessional Committees focus on long-term issues, while Special Enquiry (Ad Hoc) Committees investigate specific problems or topics temporarily.

Question 12

What is secondary legislation, and how is it implemented?

Answer 12

Secondary legislation refers to changes made to existing laws using statutory instruments without needing a full debate in Parliament.

Question 13

What example illustrates the use of secondary legislation?

Answer 13

During the COVID-19 pandemic, statutory instruments were used to enforce lockdowns quickly, though criticized for lacking proper parliamentary scrutiny.

Question 14

What is secondary legislation?

Answer 14

Secondary legislation refers to rules or changes made to existing laws by government ministers or civil servants, often using statutory instruments (SIs), without requiring a full parliamentary debate.

Question 15

What are statutory instruments, and why are they sometimes called “Henry VIII clauses”?

Answer 15

Statutory instruments are tools used in secondary legislation to update or adjust laws quickly. They are called “Henry VIII clauses” because they allow ministers to make significant changes without Parliament’s full involvement.

Question 16

What is a major concern about secondary legislation?

Answer 16

Critics argue that it is increasingly used to make major changes to laws without proper scrutiny or debate, undermining transparency and parliamentary accountability.

Question 17

Who accused the government of “governing from the shadows” due to its reliance on secondary legislation?

Answer 17

Labour MP Angela Eagle accused the government of “governing from the shadows.”

Question 18

What is an example of the controversial use of secondary legislation?

Answer 18

During the COVID-19 pandemic, statutory instruments were used to impose lockdown measures quickly, but some argued this bypassed Parliament too often.

Question 19

What did Sir Lindsay Hoyle, Speaker of the House of Commons, say about the use of statutory instruments during the COVID-19 pandemic?

Answer 19

He called the approach “totally unsatisfactory,” criticizing the lack of proper parliamentary scrutiny.

Question 20

Why do governments prefer secondary legislation?

Answer 20

Governments prefer it because it is faster and more flexible, allowing them to respond quickly to emergencies or make adjustments without lengthy parliamentary debates.

Question 21

Why do parliaments dislike secondary legislation?

Answer 21

Parliaments dislike it because it limits their ability to scrutinize and debate decisions, reduces transparency, and undermines their role in holding the government accountable.

Question 22

What are Joint Committees in the UK Parliament?

Answer 22

Joint Committees are special committees that bring together members from both the House of Lords and the House of Commons to collaborate on complex issues or make recommendations on proposed legislation.

Question 23

What is the main purpose of Joint Committees?

Answer 23

Their main purpose is to facilitate collaboration between the two Houses, combining expertise to ensure thorough and balanced decision-making.

Question 24

What are the two permanent Joint Committees?

Answer 24

1) National Security Strategy Committee: Focuses on national security strategy.

2) Statutory Instruments Committee: Reviews secondary legislation and provides expert advice.

Question 25

Can temporary Joint Committees be created? If so, for what purpose?

Answer 25

Yes, temporary Joint Committees can be established to address specific matters as they arise.

Question 26

What is one significant strength of Joint Committees?

Answer 26

They draw from the wealth of experience of members from both Houses, ensuring well-informed and reliable recommendations.

Question 27

Who are some notable members that have contributed to Joint Committees?

Answer 27

1) Lord Butler, Tony Blair’s former cabinet secretary
2) Tobias Ellwood, former defence secretary
3) Tom Tugendhat, chair of the Foreign Affairs Select Committee

Question 28

What was the purpose of the Joint Committee established in 2021 for the Online Safety Bill?

Answer 28

The committee was established to address challenges related to online security and provide recommendations to improve the bill’s effectiveness.

Question 29

What was the outcome of the Joint Committee’s review of the Online Safety Bill in 2021?

Answer 29

The committee conducted consultations and analysis, presenting 127 recommendations in December 2021 to provide a comprehensive framework for addressing online safety concerns.

Question 30

Why is the House of Lords criticized for its lack of democratic representation?

Answer 30

The House of Lords is not elected by the public and lacks a representative role in the democratic sense. However, it retains ancient traditions, such as representing spiritual and temporal realms, symbolized by the presence of bishops from the Church of England.

Question 31

Why is the legitimacy of the House of Lords considered limited?

Answer 31

Its legitimacy is limited because legislation can be passed without its consent, meaning it does not play a critical role in legitimizing government decisions or laws.

Question 32

What role does the House of Lords play in the scrutiny of legislation?

Answer 32

The Lords carefully review proposed laws, helping to refine and improve legislation to ensure it is well thought out and free from major flaws.

Question 33

How does the House of Lords provide an advisory role to the government?

Answer 33

Committees within the Lords offer expert advice, and members, with their extensive knowledge and experience, often serve as government ministers to guide decisions.

Question 34

How are debates in the House of Lords different from those in the House of Commons?

Answer 34

Debates in the Lords are less politically charged, allowing members to raise important issues of public concern in a neutral environment that focuses on wisdom and critical questions.

Question 35

How does the House of Lords contribute to diplomacy and security discussions?

Answer 35

The Lords’ expertise in diplomacy and military matters helps them address global security threats effectively, with thoughtful discussions less influenced by party politics.

Question 36

What example highlights the House of Lords’ proactive role in international affairs?

Answer 36

On 15 April 2021, Lord Campbell of Pittenweem, a member of the House of Lords, asked the government what talks it had held with NATO about the Russian military buildup near Ukraine’s borders. This question showed that the Lords were aware of and addressing global security concerns well before Russia’s invasion of Ukraine in 2022.

Question 37

What are the arguments for electing the House of Lords?

Answer 37

1) Elections could enhance democratic legitimacy and make the chamber more representative of the public.

2) Members would become more accountable to voters, ensuring greater transparency.

Question 38

What are the arguments against electing the House of Lords?

Answer 38

1) The current appointment system includes specialists and experts in fields like diplomacy, law, and science.

2) Elections might prioritize popularity over expertise, potentially reducing the quality of debate.