Comparative powers of the HC and the HL

Question 1

What powers exclusively exist to the House of Commons?

Answer 1

• Approval of money Bills (which do not go through the Lords)
• dismissal of government by vote of no confidence
• final approval of amendments
• examination of select committee work
• Confidence and supply eg 2017 Theresa May was 8 seats short so needed DUP (£1 billion funding)

Question 2

What powers exclusively exist to the House of Lords?

Answer 2

• Examining secondary legislation and recommend further considerations, delaying legislation for up to a year

Question 3

What powers exist between the two houses?

Answer 3

• Debating and voting on legislation, proposing amendments to legislation
• calling ministers and departments to account
• debating key issues
• creating legislation through Private Members’ Bills.

Question 4

Which House is the senior of the two?

Answer 4

• The House of Commons was established as the senior House over the Lords first in 1911 and then in 1949 due to the Parliament Acts, which meant that the Lords could not veto legislation, only able to delay legislation by up to a year if passed by the Commons.

Question 5

How else are the actions of the Lords restricted aside from the Parliament Acts?

Answer 5

• The Lords’ actions are restricted by the Salisbury Convention, which prevents the Lords from voting against any legislation mentioned in the government’s victorious election manifesto

Question 6

Why are the powers of the Lords capped by measures such as the Parliament Acts and the Salisbury Convention?

Answer 6

• The powers of the Lords are capped by various measures as the Lords as a body lacks democratic legitimacy
• It is an appointed body rather than being elected by the people, and therefore is unaccountable to the Public.

Question 7

How many government defeats by the Lords happened between 1979 and 1997? (Between Thatcher and HoL reform)

Answer 7

• Between 1979 and 1997, the Lords defeated the Government 241 times.

Question 8

How many government defeats by the Lords happened between 2019 and 2020?

Answer 8

• Between 2019 and 2020, the Government was defeated 53 times by the Lords.

Question 9

When was the heaviest Lords defeat of Boris Johnson’s government? By what margin? Over what issue?

Answer 9

• Boris Johnson’s government was defeated by 407 votes to 148 over the Internal Market Bill in November 2020, with many Conservative Peers including Lord Howard voting against the Bill.

Question 10

How many times were the Parliament Acts used by Tony Blair’s government between 1997 and 2007? What issues were these concerning?

Answer 10

• Tony Blair’s government used the Parliament Acts 3 times when in government, concerning lowering the age of consent for gay men to 16, banning fox hunting and changing voting procedures for EU elections.

Question 11

What is confidence and supply? When did this happen before?

Answer 11

• Confidence and Supply is an informal type of coalition, where a party agrees to support a minority government on a vote by vote basis based on deals made.
• This happened in 2017, when Theresa May’s minority government was supported by the DUP in order to legislate.

Question 12

Why is there little support for an increase in the powers of the Lords?

Answer 12

• Any increase in the powers of the Lords could make legislating difficult and complex as is seen in America
• It may also duplicate the work of the Commons.

Question 13

Why is there little support for a decrease in the powers of the Lords?

Answer 13

• If the Lords’ powers were diminished, the chamber as a whole would have little relevance to UK Politics as it would have such little power as an institution

Question 14

What are the main current criticisms of the Lords?

Answer 14

• The Lords is unelected and undemocratic, with unaccountable members
• It lacks democratic legitimacy in its blocking of Commons action. Appointments to the Lords can be abused by Party Leaders to reward their close allies
• Many Peers are inactive.

Question 15

What would the strengths be of a wholly appointed Lords Chamber?

Answer 15

• People with expertise in various areas can be recruited into the legislative process, with a non-majority legislative chamber able to counteract a government majority.

Question 16

What would the strengths be of a wholly elected Lords Chamber?

Answer 16

• Would be wholly democratic and provide the chamber with democratic legitimacy, if PR were used no government would achieve a decisive majority and smaller parties would gain Lords representation.

Question 17

Bills that the Lords have defeated recently ?

Answer 17

• 2022 Nationality and borders bill and elections bill (Both of which have been made in to law)

Question 18

What happened with regards to Fox hunting and the Lords ?

Answer 18

• 2005 (received Royal assent and became law)
• There was legislative ping pong and in the end the commons invoked the 1911 and 1949 Parliament acts to overrule the Lords

Question 19

2015 Controversy over cuts to tax credits ?

Answer 19

• The Lords voted to delay planned cuts to tax credits and to compensate those who were effected
• It became a constitutional issue as it was a financial issue BUT was secondary rather than Primary legislation
• Highlights the limits the Lords has in terms of power + didn’t block changes completely (tries to avoid conflict with the Government)

Question 20

Examples of the HC using legitimation ?

Answer 20

• 2013 : Cameron believed military action in Syria was necessary BUT the government motion was defeated by 13 votes
• HOWEVER due to the nature of the constitution, it is unclear eg 2018 Theresa May joined America with assaults on the Syrian government

Question 21

Ineffective legislation due to Whips ?

Answer 21

• 1998 Crime and disorder act was so imprecisely worded it could be used to punish people for excessive singing

Question 22

Ineffective legislation

Answer 22

• Dangerous Dogs act 1991 (restrictions on breeds)

- Ineffective + criticised by the RSPCA

Question 23

Social makeup of the commons

Answer 23

• 2017 was the most diverse to date

Question 24

Legitimation, representation function and debate in the lords

Answer 24

• Unelected so cannot claim a legitimation functions
• Represents the spiritual as well eg Bishops sit in the Lords
• 2018 : debate over the situation in the Palestinian territories

Question 25

Example of a vote of no confidence

Answer 25

• Theresa may 2019 : narrowly survived a vote of no confidence
• 1979 : Callaghan lost a vote of no confidence

Question 26

Advantages of the Lords

Answer 26

• Specialist expertise
• No constituency duties so can devote more tome to scrutiny
• There are a large amount of cross benchers (187) and they aren’t as bound by their parties manifestos

Question 27

2 examples of specialist expertise in the Lords

Answer 27

1. Lord Winston (pioneered IVF) and has chaired the Lords science and technology
2. Baron Shinkwin (Born with osteogenesis and concerned over the equal treatment of disabled people)

Question 28

What are the main roles of backbenchers ?

Answer 28

• Scrutinise government, consider merits of legislation, legitimise certain decisions + raise specific

Question 29

How can MPs represent their constituents ?

Answer 29

• In order to ‘redress grievances’, MPs can ask questions in the chamber on their behalf
• Often used end of day adjournment debates to raise questions eg Peter Bottomley 2018 demanded a full inquiry of a former police sergeant over sexual abuse

Question 30

Backbench business committee

Answer 30

• Est 2010
• 35 days a year where they control parliamentary business
• 2018 these included the importance of refugee family reunion and forced adoption in the UK

Question 31

Petitions committees

Answer 31

• Scheduling debates on petitions (most have reached 100,000)
• 2018 debates over changing the GCSE English Lit to open book assessments + banning the sale of animal fur

Question 32

How can MPs raise issues they feel are personally important ?

Answer 32

• Luciana burger was a victim of Anti-Semitism and spoke out against the Lab party (2019 helped establish Change UK)
• 2016 Michelle Thompson spoke out about being raped to remove the taboo

Question 33

What varies how much influence backbenchers have ?

Answer 33

• Blair won landslides in 1997 and 2001 (2003 Blair still won the parliamentary vote for the Iraq war despite 139 Lab MPs voting against it)
• 2005 : Majority dipped and Blair failed to introduce 90 day detention for terrorists
• 2017 : May had to manage rather than lead Brexit in order to create as much cross party support as possible

Question 34

What should the opposition do ?

Answer 34

1. Ensure the government justifies its legislative process
2. creates public debate by providing reasoned arguments
3. PMQT

Question 35

How did the 2018 Windrush scandal highlight the power of the opposition ?

Answer 35

• 2018 : Abbott put the case clearly to Rudd with regards to the government seeking to deport immigrants + Rudd resigned

Question 36

How many questions does PMQ oppositions get ?

Answer 36

• 6 questions

- Largely a media event

Question 37

Ministerial questions holding the government to account

Answer 37

• Ministers must respond to questions within 2 weeks

Question 38

How many opposition days are available ?

Answer 38

• 20
• However only once since 1978 has an opposition day motion been victorious
• 2009 Lib dems motion condemning Brown’s refusal to guarantee Gurkha veterans

Question 39

Liaison committee

Answer 39

• Made of the chair of 32 commons select committees
• Annually the PM appears before the committee
• HOWEVER in 2019, Johnson cancelled his appearance

Question 40

Departmental select committee

Answer 40

• 2011

- Investigated phone hacking by the press as well as the conduct of journalists

Question 41

Back bench business committee

Answer 41

• 2011

- Forced the government to publish all documents relating to the Hillsborough disaster (started as a petition)