Parliament - The Lords Legislation, Scrutiny and other functions Flashcards
Legislation in the Lords
Members in the Lords recognise their own lack of legitimacy – they tend to restrain themselves in challenging the government. 1911 and 1949 Parliament Acts placed restrictions on the ability of the Lords to challenge bills that had been passed by the Commons.
- House of Lords do not have control over financial bills.
- They can only refuse to pass a piece of legislation for one year, and if the Commons approves a Bill in two consecutive years, then the Lords will be bypassed.
What is the Salisbury Convention?
This was established in 1945, and meant that the Lords cannot obstruct a bill if it was a proposal within the manifesto of the government. The people who voted gave the government a mandate to carry the proposal, so the Lords do not have the legitimacy to obstruct the democracy.
Lords and the committee stage of the legislative process
Dubs amendment
The Committee Stage is the most important one - peers take part in debating details of the proposed legislation and propose potential amendments. The Committee stage is held in the chamber.
The House of Lords voted in favour of five amendments over two days of debate, leading the new government to its first parliamentary defeats.
The changes included backing the Dubs amendment to protect the rights of refugee children after Brexit.
No 10 said they were “disappointed” by the move, but planned to overturn them when the bill returned to the Commons.
Later, MPs overwhelmingly rejected all five changes - including on child refugees - made by peers to the bill.
It then returned to the Lords where peers backed down, despite some anger at their voices being “dismissed”.
Jan 2020
Overall, there was 5 amendments to the EU withdrawal bill which was overturned by peers.
What examples are there of the Lords defying the government?
Krebs amendment to the Environment Bill in 2021 Nov - he proposed that the Office for Environmental Protection Office should have complete discretion in carrying out its functions, inc preparing its enforcement policy etc.
Krebs believed that as the bill stood, the OEP was like a whistleblower, being told by the boss, which areas he/she is allowed to or not allowed to investigate.
His amendment was passed with 180 votes
Scrutiny in the House of Lords Committees
Permanent examples
Constitution Committee
Economic Affairs Committee
Scrutiny in the House of Lords Committees
Temporary examples
Regenerating Seaside Towns Committee
Secondary Legislation Committee
Scrutiny in the House of Lords Committees
Joint Committees
Joint Committees between the Lords and Commons exist… the Joint Committee on Human Rights produced a significant report on the wrongful deportation of the Windrush Generation who immigrated and were given permanent residency in the UK despite the Home Office’s ignorance + lost/ignored permission granted.
Secondary Legislation
Secondary Legislation are aspects of the law that do not have to go through the entirety of the parliamentary process because government ministers have had powers delegated to them through parliament acts (primary legislation)
This legislation is done through statutory instruments - there is concern surrounding them because there is no scrutiny in the Commons of these statutory instruments and so Lords have significant responsibility to scrutinise
Lords have the expertise to consider these regulations and laws - the establishment of the LORDS SECONDARY LEGISLATION SCRUTINY COMMITTEE can bring any matter to the attention of the entire house and then refer it to the Commons if necessary.
Scrutiny in the Lords via questions
Ministers’ Question Times are held in the Lords and are directed to the government rather than in specific departments.
Peers can ask ministers for written responses similar to the MPs
Written questions = the vast majority of the Parliamentary questions
It should be answered within 7 days of being presented.
Answers are sent straight to the Peer who asked the question - they are printed in the Hansard.
Debate in the Lords
Cross benchers - there is no single party majority.
Peers use their experience so debates are more thoughtful, wiser and knowledgeable.
There are definitely differences expressed in debates from difference parts of the House.
Providing government
Baroness Morgan of Cotes
Peers also supply a few members of the government - most of the positions in the Cabinet are given to the MPs, reflective of the authority of the Commons because of the democratic legitimacy.
Baroness Morgan of Cotes - minister of culture appointment in 2019 July. Previous MP for Loughborough. Awarded peerage in Jan 2020.
Who is in the House of Lords?
What panel appoints the Lords?
Women in the Lords?
Life peers: chosen for their knowledge and experience
2000 appointments panel - independent advisory body who helps decide who becomes a peer.
the goal = make the Lords more representative.
only 1/5 peers are women. The panel checks nominations. Nominees represent areas of interest NOT areas of the country.
Opinions on Legitimacy
Baroness D’Souza
Lord Tyler
Lords lacks legitimacy because it is entirely unelected and so do not represent the people.
Former speak Baroness D’Souza claimed that most peers contribute absolutely nothing to Parliament - example of one peer who kept the taxi running outside while signing in to collect the daly £300 allowance.
Lord Tyler - Lib Dem peer - ‘best day care centre for the elderly’.
Representation (age) VS Experience
Lords is unelected and undermines core principles of democracy - average age of peers is 69 and 29 of them are over 90
BUT THEY HAVE EXPERIENCE - 1/4 are ex MPs with decades of parliamentary experience. Many have been appointed because of their specialism
Well-Known peers -
Baroness Hale / Gina Miller Cases: Brenda Hale, former president of the Supreme Court. .
Lord Sugar - Apprentice Presenter, entrepreneur, former Labour minister.
