Function of the Lords Flashcards
Question
Evaluate the view that House of Lords is effective at fulfilling its main functions.
Factors
- Legislation
- Representation
- Scrutiny
Judgement
The Lords isn’t effective in fulfilling its main functions.
Weaker argument - legislation
→ Approximately one-quarter of Lords are crossbenchers, peers are more able to express their own views.
→ In December 2020 the Lords forced the government to U-turn over the internal markets bill to protect the rights of devolved politicians.
→ In 2016 the Lords rebelled over the Dubs Amendment which sought to compel the government to accept its ‘fair share’ of children from Syria.
Stronger argument - legislation
→ All defeats by the Lords on both the EU Withdrawal Bill and the Article 50 Bill were overturned in the Commons.
→ The Salisbury Convention means the House of Lords doesn’t oppose measure in the manifesto of the elected government - Brexit, Rwanda Bill.
→ The Health and Social Care Bill 2012 proceeded with most of its content intact since the amendments made in the Lords were overturned in the Commons.
Weaker argument - representation
→The Lords represents areas of expertise outside of politics: Baroness Altman speaks on behalf of pensioners as the former Director General of Saga and Lord Adebowale was chief executive of the drugs charity Turning Point.
→ They are often more willing to represent ideas that MPs are willing to raise because of the whipping system difference between the Houses.
Stronger argument - representation
→ Hereditary peerages automatically pass to the first-born son - working against representing women.
→ The average age of a hereditary peer is 71.
→ Nearly half of the hereditary peers went to Eton.
→ Between all the hereditary peers they own at least 170,000 acres of land.
Weaker argument - scrutiny
→ Police (Detention and Bail) Bill 2011 - The Constitution Committee highlighted constitutional implications forcing the bill to be amended.
→ Delegated Powers and Regulatory Reform Committee: This committee scrutinizes bills to assess the appropriateness of delegated powers.
Stronger argument - scrutiny
→ Legislative and Regulatory Reform Act 2006: The House of Lords faced criticism for not adequately scrutinizing this Act, which granted ministers broad powers to amend legislation with minimal parliamentary oversight.
→ PMQs and MQs allow the Commons to directly scrutinise government by making it accountable, this direct scrutiny doesn’t occur in the Lords.
→ If the government withholds information the Lords cannot effectively scrutinise - e.g. during the Infected Blood Compensation Scheme Regulations 2024.