EXTRA-Role and compassion of HOL Flashcards
What was the Life Peerages Act 1958?
This permitted men and women to be created as peers for the duration of their lives. The purpose was to diversify membership of the chamber by bringing in people for various walks of life.
What was the Parliament Act 1911?
The removed the power of permanent veto over legislation so that the Lords could not indefinitely delay legislation. In future, any bill which passed the Commons in three successive sessions would automatically become law. The HOL had lost its permanent veto.
What is the is the Parliament Act 1949?
this further limited the delaying power the Lords. Any bill that passed two successive sessions became law. This effectively curtailed the delaying power to 8-9 months. This act still applies. It has been used on four casinos, most recently for the passage of the bill that abolished fox hunting
What did the Parliament Acts of 1911 an 1949 do?
They seriously restricted the power of the upper chamber to block or delay legislation from the HOC
what was phase one of the Labour manifesto regarding the HOL in 1997?
phase one was to provide for the abolition of hereditary peers
Which membership did the HOL Act leave ?
the ‘judicial’ and ‘spiritual’ membership
In 1918 who distinguished the 4 roles of the British second chamber as
- The consideration and revision of Bills from the HOC
- The initiation of non-contreversial legislation
- The power of delay
- The holding of general debates
Lord Bryce
What did Lord Bryce in 1918 distinguish the 4 roles of the British second chamber as?
- the consideration and revision of Bills from the HOC
- the initiation of non-controversial legislation
- the power of delay
- the holding of general debates
What powers do the HOL have in terms of legislation?
They can examine legislation in detail and may pass, amend or reject bills
What can the HOC use in order to override a amendment or rejection from the HOL?
The Parliament Act 1949
What type of bills does the HOL spend a lot of time scrutinising
public bills
Why does the HOL scrutinise public bills?
many have been badly drafted or inadequately discussed in the lower chamber
About how many bills begin their parliamentary life in the upper house?
about a quarter
Why has the number of non-contreversial bills beginning in the HOL increased over time?
In order to spread the parliamentary work load more evenly throughout the year
What type of Bills can back bench peers introduce?
Private Peers bills
What do Private Peers Bills allow?
This allows a chance to air topics ranging from social reform to the case of a Bill of Rights
What is the power of delay for the purpose of?
To provide a pause for reflection and reconsideration
What is the discussion often of the general debates in the HOL? (2)
matters such as leisure and the environment
What % of time of the Lords do general debates take up?
25%
What is the atmosphere like in the HOL compared to the HOC?
Less noisy and partisan
What are public bills?
They are bills which change a law as it applies to the whole community, being binding on everyone. They are the most common type of bill
What are Private Peers Bills?
they are bills which are introduced by peers in the Lords. They go through the same stages as any other public bill.
How do the HOL scrutinise European legislation ?
via its select committee on the European Union
How many members are in the Lords Select Committee on the European Union?
19
What do the Lords Select Committee of the EU do?
they examine merits of proposals for legislation and undertake wide ranging investigation of EU policy
From what year has New Zealand only had one chamber?
1951
What would unicameralism be impossible within in the UK without?
without the streamlining of the HOC
What is the main reason in argument for further reform of the HOL?
A phase two was always intended because although the major problem of the hereditariness has been removed, the present membership is still able to damage on an elected centre left government
Why did the Common use the Parliament Act 1949 in 2004 to abolish fox hunting?
this is because the HOL frustrated the wishes of the lower chamber on 3 occasions since 1997
Why can appointment of the HOL be seen as just as bad as hereditary?
This is because it is the PM who makes nominations and those appointed, several of them Labour to boost the party’s representation are said to be “Tony’s cronies”
What are those who oppose an elected HOL fearful of?
a second chamber that could delay legislation, hold ministers to account and scrutinise treaties and public appointments
Of the appointments made to the HOL in 2001, what % were women?
only 17%
What would an election of the HOL allow under a fair voting system?
this would yield assembly that represents the people and in which women and ethnic and religious minorities would have a chance of elections
As PM what did John Major used to say?
“If it ain’t broke, don’t fix it”
Why do we not need further reform of the HOL due to the removal of all but 92 hereditary peers?
This is because most are Life Peers who have been chosen because they have something special to contribute to the upper house
What does the diversity of the HOL mean as a positive against the reforming of the upper house?
the diversity among the Life Peers means that there is normally someone who can speak with authority on even the most obscure subject
Why are debates in the HOL more effective?
this is because they are relatively free from the constraints of time and able to speak in a less partisan atmosphere. Debates do produce some interesting contributions from members with specialist knowledge and expertise
What 2 categories of successful people are examples of Life Peers?
successful industrialists and businessmen
What are 4 types of people who have been given peerages other than successful industrialists and businessmen
- Senior academics
- people active in local government
- those involved in charitable and voluntary fields
- people in the arts
What 3 factors have led to the HOL doing useful work of revision and showing a spirit of independence
- large number of Life Peers with particular specialisms
- arrival of television
- greater willingness of party members to defy whips
What is the most common method of choosing a second chamber which is the method chosen by c30 of the world’s second chamber?
Direct election
What could happen if the HOL is elected via proportional representation?
They may claim to be more representative of the people
What do critics of an elected chamber say that it is only useful for?
They say it is only useful in a federal country because there it can serve the purpose of safeguarding the individual states from an all powerful federal government, but this does not apply to Britain
How may part time Life Peers who come from various walks of life with different expertise be lost if the HOL was an elected chamber?
This is because they may not want to become involved in electoral politics
What is the fundamental objection to an elected chamber?
Peers do not need to be elected for the tasks they perform. They primarily have a revising role and do not ultimately have the power to frustrate the House of Commons who’s task it is to represent the people’s will
