The Main Functions of the House of Lords

Question 1

What is the HoL’s legislative function?

Answer 1

1. When a bill leaves the HoC, it is sent to the HoL, where it is examined in detail.
2. Refine content of the bill, primary purpose is as a revising chamber.

Question 2

Does the Commons have to accept the advice of the Lords and how valuable is it?

Answer 2

1. No, because they can only delay legislation for a year.
2. Their advice is often very valuable for improving the quality of a bill.

Question 3

Why are crossbenchers important in the HoL?

Answer 3

1. There’s a significant number of them that can sit for life.
2. They are less influenced by the dictates of the whip, so they can address the merits and demerits of a bill with an open mind.

Question 4

What is ‘parliamentary ping-pong’?

Answer 4

The two chambers negotiate over proposed amendments to legislation before it receives royal assent. It can be a highly productive form of political engagement.

Question 5

Can the Commons pass legislation over the objections of the Lords and give an example.
* There is no more recent examples, keep an eye.

Answer 5

1. Yes because of the Parliament Acts of 1911 and 1949.
2. In 2000, the Sexual Offences (Amendment) bill, which reduced the legal age for gay sex from 18 to 16 easily passed the HoC but was rejected in the Lords.
3. The government quickly invoked the 1949 Parliament Act to give the bill royal assent.

Question 6

What do heavy defeats in the HoL do?*

Answer 6

This may persuade them to reconsider whether to modify or even continue with legislation. This is especially the case if legislation has passed with only a small majority

Question 7

Give an example of a heavy defeat forcing them to reconsider:

Answer 7

1. HoL’s criticism that the Internal Market Bill 2020
2. Did not sufficiently recognise the authority of devolved governments to determine goods and services policy.
3. Government conceded that some regulatory differences could be accepted within a ‘common framework’

Question 8

How powerful are the Lords when it comes to governments with a large majority and give examples?* L

Answer 8

1. In 2019, BJ rejeceted all 5 of the amendments to the EU (Withdrawal Agreement) Bill. Criticised by Baroness Hayter and said that legislation was ‘meant to be a dual responsibility.’
2. In April 2024, the MPs rejected all amendments to the Rwanda bill made in the HoL.

Question 9

What is the HoL’s scrutinising function and how does it work?

Answer 9

1. Scrutinises the work of the government in oral questions to ministers and through committees.
2. Due to the expertise of its members, their opinion is highly regarded.
3. Committees concentrate on major social and political issues

Question 10

What type of committees are there?

Answer 10

1. Sessional committees deal with a particular issue and last from one parliamentary session to the next.
2. Special enquiry (ad hoc) committees investigate a specific issue, but are set up for a specific time period.

Question 11

What is secondary legislation?

Answer 11

1. Provides a useful way of avoiding parliamentary scrutiny.
2. HoC must vote on primary legislation, but they can change details of existing acts through statutory instruments and can be delegated to civil servants.

Question 12

How many SIs are made and what do critics say about them?

Answer 12

1. More than half of the 3,000 SIs made each year are subject to no Parliamentary procedures at all.
2. Many are highly technical, so they are not controversial
3. Labour MP Angela Eagle accused the recent Conservative government of ‘governing from the shadows.’

Question 13

What is the Secondary Legislation Scrutiny Committee and what does it do?

Answer 13

1. Examine secondary legislation.
2. Play a valuable role in highlighting badly worded or poorly worded statutory instruments

Question 14

Give an example of what the SLSC do:

Answer 14

1. In 2022, a statutory instruments was used to reduce the time when claimants may limit their job search to the same occupation and pay level as their former occupation from 3 months to 4 weeks.
2. The committee was highly critical of what it regarded was rushed measures.

Question 15

What are the joint committees?

Answer 15

1. There are a small number of joint committees of the House of Commons.
2. 3 of them area permanent and meet regularly.
3. Human Rights, National Security Strategy and Statutory Instruments.

Question 16

What are the strength of these joint committees?

Answer 16

1. Can consults widely and their membership reflects the accumulated experience of both House of Parliament.
2. Previous members in 2022 of the NSS included: Tony Blair’s former defence secretary, Lord Reid and the former cabinet secretary Lord Butler.

Question 17

Give an example of a joint committee for a specific issue:*

Answer 17

1. December 2021, the Joint Committee on the Draft Online Safety Bill.
2. According to chair, Damian Collins MP, the committees purpose was to ‘stress test its most critical clauses.’
3. In Dec 2021, made 127 recommendations for enhanced online security for the public.

Question 18

To what extent do the House of Lords have legitimation and representation role?

Answer 18

1. Does not have a representative role in the democratic sense.
2. Since legislation can be enacted without its consent it also cannot also claim a legitimising role.

Question 19

The House of Lords, Ukraine and Russia:

Answer 19

1. The House of Lords has been very alert to the Russian threat to Ukraine.
2. Ten months before the invasion, 15 April 2021.
3. The former Liberal Democrat leader, Lord Campbell of Pittenweem, questioned the government on how it was responding to the recent ‘amassing of Russian forces on the Ukrainian border.’