to what extent does the HOL exert more influence than HOC Flashcards
- against power over legislation
The House of Lords’ legislative power is limited by the Salisbury Convention and the Parliament Acts (1911, 1949), with the House of Commons holding more influence.
House of Lords’ Power:
Limited Role: Cannot veto financial bills, and the Salisbury Convention prevents blocking manifesto-related bills.
Amendments: Lords can propose technical amendments but cannot make “wrecking amendments.”
Example: Hereditary Peers Bill aligns with Labour’s manifesto, so Lords cannot block it.
Parliament Acts (1911, 1949):
Commons can override Lords after a year, forcing bills through, used 7 times (e.g., Sexual Offences Act 2000).
Case Study:
Safety of Rwanda Bill (2024): Lords backed down after Commons rejected amendments, showing Lords’ lack of democratic legitimacy.
House of Commons’ Power:
The Commons has the final say on all legislation, including financial matters, and more democratic legitimacy
- for legislation
Claim: The House of Lords sometimes exerts more influence than the House of Commons, particularly when it challenges bills for human rights or public backlash.
House of Lords’ Influence:
Independence and Scrutiny: Since New Labour reforms, the Lords has become more independent, often scrutinising government bills more rigorously, especially when the government has a large majority in the Commons.
Example 1: 2001 Anti-terrorism legislation – Lords blocked a provision on incitement to religious hatred, arguing it infringed on rights.
Example 2: Boris Johnson’s Defeats – From 2019, Johnson was defeated 243 times in the House of Lords vs. 4 times in the House of Commons, highlighting Lords’ growing assertiveness.
House of Commons’ Power:
Majority Government: The House of Commons, with a strong majority, is rarely defeated and holds ultimate legislative power.
Role of the Lords: Despite challenges, Commons retains final say through the Parliament Acts, making it the more influential chamber in terms of final decisions.
- for scrutiny of govt
The House of Lords exerts more influence than the House of Commons, particularly in scrutinising and amending legislation.
House of Lords’ Role in Scrutiny:
Amending Chamber: The House of Lords is seen as an ‘amending chamber’, where it frequently offers technical amendments to improve bills. These amendments are often accepted by the House of Commons.
Example 1: Levelling-Up and Regeneration Act (2023) – 64 technical amendments accepted, improving the wording of the bill without altering its intent.
Expertise and Professionalism: The Lords has become more professional since the New Labour reforms, with many life peers bringing significant expertise from various fields, contributing to better scrutiny.
Example 2: Lord Mair – A geotechnical engineer who chairs the House of Lords Science and Technology Committee, providing specialized knowledge in debates.
House of Commons’ Limitations:
Rushed Legislation: The Commons often rushes legislation, leading to insufficient scrutiny.
Example 1: Passenger Railway Services (Public Ownership) Act – Just 1 day of scrutiny in the Committee stage, skipping the Report stage.
Contrast: The Lords spent 3 full days scrutinising the same bill at the Committee stage.
Whipping and Public Bill Committees: MPs are often whipped, and the majority government in public bill committees limits their scrutiny effectiveness.
Statistic: MPs spent just 24% of their time in the chamber (2006-2021), compared to 44% for peers.
- against scrutiny
PMQs: The Prime Minister’s Questions (PMQs) allow opposition leaders and backbenchers to scrutinise government policies.
Example: On 8 May 2024, Starmer questioned the effectiveness of the Safety of Rwanda Bill, highlighting its failure to deter small boat crossings, undermining Sunak’s government.
Select Committees: Committees scrutinise government actions, with departments required to respond to reports within 8 weeks.
Example: May 2023 – Government accepted the Foreign Affairs Select Committee’s recommendations, including appointing a Director of Resilience to reduce UK dependency on international actors.
Additional Points:
Exclusive Powers: The House of Commons has the exclusive power to vote on financial legislation and government manifesto bills, enhancing its democratic legitimacy and effectiveness in scrutiny.
- against debates and other powers
Vote of No Confidence:
Exclusive power to bring down a government if it loses a no-confidence vote, forcing the government to resign.
Example: In 1979, the Callaghan government fell when nationalist parties withdrew support, triggering the general election.
Confidence and Supply Agreements:
Can uphold a minority government by securing support from smaller parties, who agree to back the government in votes of confidence and on budgets.
Example: In 2017, the Conservative minority government struck a confidence and supply deal with the DUP, securing £1 billion for Northern Ireland in exchange for support.
Debates:
MPs can influence policy by raising issues through debates, such as emergency debates or those initiated by the Backbench Business Committee.
Example: On 5 December 2024, Sir Iain Duncan Smith led a debate on detained British nationals, raising concerns about human rights and government support for detainees abroad.
- for debates and other powers
Debates:
Plays a key role in raising issues through debates, often offering insightful discussions due to the chamber’s expertise.
Topics not always covered by the House of Commons can gain attention and influence public policy.
Example: On January 18, 2024, the House of Lords debated issues like climate change, refugee integration, religious education, vaccine adoption, and health/social care parity for dementia.
Power to Force a General Election:
Under the Parliament Act 1911, the House of Lords can force a general election if the government attempts to stay in power beyond the five-year term limit.
sections
- power over leg
- scrutiny over govt
3.debates and other powers
key examples
2001 anti terrrism leg
bj defeats
leveling up and regen act
lords names
rushed leg
statistic lords vs peers
8 may 2024
dept have to reposnd to select committees within ?
may 2023
HOC exclusive powers
how much did DUP get for NI
Ian Duncan 2024
2024 debates jan 18
parliament act 1911?
Example 1: 2001 Anti-terrorism legislation – Lords blocked a provision on incitement to religious hatred, arguing it infringed on rights.
Example 2: Boris Johnson’s Defeats – From 2019, Johnson was defeated 243 times in the House of Lords vs. 4 times in the House of Commons, highlighting Lords’ growing assertiveness.
Example 1: Levelling-Up and Regeneration Act (2023) – 64 technical amendments accepted, improving the wording of the bill without altering its intent.
Lord Mair – A geotechnical engineer who chairs the House of Lords Science and Technology Committee, providing specialized knowledge in debates.
Example 1: Passenger Railway Services (Public Ownership) Act – Just 1 day of scrutiny in the Committee stage, skipping the Report stage.
Contrast: The Lords spent 3 full days scrutinising the same bill at the Committee stage.
MPs spent just 24% of their time in the chamber (2006-2021), compared to 44% for peers.
Example: On 8 May 2024, Starmer questioned the effectiveness of the Safety of Rwanda Bill, highlighting its failure to deter small boat crossings, undermining Sunak’s government.
8 weeks
Example: May 2023 – Government accepted the Foreign Affairs Select Committee’s recommendations, including appointing a Director of Resilience to reduce UK dependency on international actors.
Exclusive Powers: The House of Commons has the exclusive power to vote on financial legislation and government manifesto bills, enhancing its democratic legitimacy and effectiveness in scrutiny.
1 mill
2024, Sir Iain Duncan Smith led a debate on detained British nationals, raising concerns about human rights and government support for detainees abroad.
2024, the House of Lords debated issues like climate change, refugee integration, religious education, vaccine adoption, and health/social care parity for dementia.
1911, the House of Lords can force a general election if the government attempts to stay in power beyond the five-year term limit.
LOA
depends on strong or weak govt
