eek 5 - The British Parliament II (The House of Lords)


by Tamás Magyarics doc.

There are two types of lords: (1) Lords Spiritual (the high dignitaries of the Church of England now: the Archbishops of Canterbury and York, the bishops of Winchester, London, and Durham, and 21 other diocesan bishops), their peerages expire when they retire, and (2) Lords Temporal, who fall into three categories: (a) hereditary peers, (b) Lords of Appeal in Ordinary (Law Lords), and (c) life peers (after the Life Peerage Act of 1958).  The Prince of Wales is also a member of the House.  Furthermore, we can make a distinction among the peers of England (peerages created before 1707), the peers of Great Britain (peerages created between 1707-1801), the peers of the U.K. (peerages created after 1801), the peers of Scotland (since 1707 a maximum of 16 chosen for the duration of each Parliament), and the peers of Ireland (a maximum of 28 for life).  Membership in 1996: 757 hereditary peers, 391 life peers and hereditary peers of first creation, 24 Law Lords, 26 Archbishops and Bishops: a total of 1198.

At the beginning of each Parliament, the peers receive a Writ of Summons to attend and those who do not reply are excluded for the rest of the Parliament.  Attendance is low: usually less than 200 members at a sitting.  Since the end of the 19th century, the Conservatives have had a majority: about half of the members are Conservatives, while about third of them have no pronounced party ties.  Until 1911 the two Houses enjoyed virtual legislative equality, except in financial legislation: since the early 17th century the Lords could not initiate or amend financial legislation, while since 1860 they could not reject it.  The Parliamentary Act of 1911: (1) the Septennial Act of 1716 was amended to make 5 years rather than 7 years the maximum length of Parliament, (2) a Money Bill was to become a law one month after being sent to the Lords with or without their approval, and (3) any other bill that passed the Commons in three successive sessions was to become a law without the assent of the Lords.  The Parliamentary Act of 1949: reduced the period to successive sessions.  However, the Lords enjoy equal rights with the Commons in the field of the `statutory instruments', i.e. the fine details of legislation when only the broad outlines are dined by the appropriate act.  There are three kinds of statutory instruments: (1) affirmative instruments, which require the approval of both Houses, (2) negative instruments, which come into force unless they are annulled by resolution of either House within a certain period of time, and (3) general instruments, which are no subject to parliamentary proceedings.  A convention has developed that the Lords do no normally try to vote down a statutory instrument which the Commons have approved.  The Peerage Act of 1963: allowed hereditary peers to disclaim their titles.  Since 1945 the House of Lords has observed the `Salisbury doctrine', i.e., the Lords do not reject on second reading a Commons bill based on policies set out in the Government party's election manifesto.

The impact of the House of Lords on legislation: it makes over 2000 amendments to bills each session.  The Government party is more often defeated in the House of Lords than in the Commons: a check on the Government party.

Committees: the Lords Select Committees do not oversee the work of particular Government departments.  The House maintains two permanent investigative committee: the European Communities Committee (1974), which has 5 Subcommittees, (altogether with some 60 members) and the Science and Technology Committee (1980) with some 20 members.

A parliamentary day: other than Friday it starts with up to four oral `starred' questions to the Government.  Supplementary questions on the same subjects may be asked by any Lord without notice.  This stage is for about 30 mins.  Then comes the `main business' of the day, discussing bills .  At the end  of the sitting, `unstarred questions' may be asked.

Judicial task: the House of Lords is the final court appeal for the U.K. in civil cases and for England, Wales, and Northern Ireland in criminal cases.  It is mostly exercised by the salaried Law Lords (12 at the moment).

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© Tamási Gergely, 1998.
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