Comparative powers of the lords and commons Flashcards
List three exclusive powers that make the commons the dominant chamber
- The lords should give way to the commons when there is a dispute over legislation
- The lords cannot delay or amend money bills (financial privilege)
- The commons can force the government to resign through a vote of no confidence
What two things underpin the primacy of the commons?
Legislation and constitutional conventions
What two pieces of legislation underpin the primacy of the commons?
The parliament acts of 1911 and 1949
List the main three conventions undermining the primacy of the commons
- Bills implementing manifesto commitments are not blocked by the lords under the salisbury convention
- The lords should consider government business within a reasonable time
- The lords does not usually block secondary legislation
How do conventions operate?
They do not have the force of law and a shared understanding of them is required for a smooth application
What did a 2006 parliamentary joint committee on conventions find?
It supported the primacy of the commons and the principles underpinning these conventions
What did the 1911 Parliament Act do?
Limited the time the lords could veto legislation to 2 years, as they used to be able to do this indefinitely
What did the 1949 Parliament Act do?
Reduced the time the lords could delay legislation from 2 years to 1
How did the Parliament Acts transform the House of Lords?
From a vetoing chamber into a revising chamber. The lords can propose amendments to bills passed in the commons
What can the commons do with amendments proposed by the lords?
Accept them, reject them or come up with amendments of their own
List the 4 occasions when the Parliament Act has been used
- 1991 War Crimes Act
- 1999 European Elections Act
- 2004 Hunting Act
- 2000 Sexual Offences Act
What kind of bills are the lords unable to amend?
Supply bills; bills concerned with national taxation, loans or public money. The lords have one month to pass the bill unamended or it will receive royal assent without their consent under the 1911 Parliament Act
When did the coalition invoke financial privilege?
During the final stages of their 2012 welfare reform bill
What two things does the government require from the commons to remain in post?
Confidence and supply
Define confidence and supply
The requirement for the government to command a majority of votes on matters of confidence and supply (the budget).
What are the two ways the commons can remove the government?
By defeating it in a motion of no confidence or a confidence motion
What is a motion of no confidence?
A parliamentary censure motion initiated by the opposition which, if passed, requires the resignation of the government.
What is a confidence motion?
A motion of confidence in the government. May be initiated by the government as a threat of dissolution, or used to approve the formulation of a new government under the 2011 fixed terms parliaments act
How many votes of no confidence have there been since 1945?
23
How many votes of confidence have there been since 1945?
3
What was the last government defeat in a motion of no confidence?
In 1979, when Jim Callaghan’s Labour government lost by 1 vote
What happens if a motion of no confidence is passed?
If no government is formed withn 14 days then parliament will be dissolved and a GE will be called
What is the Salisbury Convention based upon?
The idea that the unelected lords should not frustrate the will of the elected commons
How did the Salisbury Convention come under strain in 2006?
Peers voted against ID cards even though it was a part of Labour’s 2005 manifesto, saying that Labour had not won sufficient support to have a mandate for this
Why do some lords argue that the Salisbury Convention is outdated?
Because it was created at a time when the lords had an inbuilt conservative majority
Why did the coalition put the Salisbury Convention under question?
Because the Coalition Agreement had not been put before voters
What does secondary legislation do?
Brings into force or amends parts of an act
What proportion of lords defeats were substantially accepted by the Blair and Brown governments?
40%
Explain the 4 main contributors to the increased effectiveness of the lords
- No party has an overall majority so the government needs cross party support
- Lords reform has made them more confident of their legitimacy
- Peers have questioned whether the Salisbury Convention should apply when there is a coalition government or when the governing party has the support of less than a third of the electorate
- MPs, particularly backbenchers from the governing party, are likely to support amendments from the lords
Why do these two bodies have different levels of power?
Because they have different functions and legitimacy. The commons has primacy because it has democratic legitimacy
Define input legitimacy
Concerns the composition of an institution and its responsiveness to citizens’ concerns as a result of representation of and participation by the people
Define output legitimacy
Concerns the quality and effectiveness of an institutions performance and its outcomes for the people
How do the lords and commons offer different types of legitimacy?
The commons offers input legitimacy through its composition making it directly elected and accountable to voters and the lords provides output legitmacy by providing revision and scrutiny to improve the quality of legislation
List some of the powers and functions exclusive to the commons
- Examining and approving the financial affairs of the government
- Complete veto of legislation
- Dismissal of government
- Select committee examination of the work of government departments
- Final approval of legislative amendments
List some of the shared powers of the two chambers
- Debating and voting on legislation
- Tabling legislative amendments
- Calling the government and individual ministers to account
- Debating key contemporary issues
- Private members can introduce their own legislation
List some of the powers and functions that are largely performed by the lords
- Examining secondary legislation and recommending further consideration
- Delaying primary legislation for up to one year
