Explain the legislative functions and powers of the House of Lords and give your views on whether the

Parliament Acts 1911 and 1949 need any amendment and reform. 2023B

Critically assess the role of Parliament in the law-making process. 2022A

Discuss the position of the House of Lords in the UK constitution and explain the options for reform.
2022A

In what respects, if any, can the House of Lords be regarded as an anachronism? 2020B

‘If the House of Lords did not exist, it would have to be invented.’ Discuss the composition and powers
of the House of Lords, and make reform proposals. 2019A

7.1 The House of Commons – composition

The House Commons is the ‘lower’ but more powerful chamber in the Westminster Parliament. It is
composed of 650 Members of Parliament (MPs) who each represent a single constituency – a
geographically defined electoral area.

MPs are directly elected by the ‘first past the post’† (or simple majority) system every five years on the
first Thursday in May according to the provisions of the Fixed-term Parliaments Act 2011.

The first election under the Fixed-term Parliaments Act 2011 was on 7 May 2015 and the next was,
under the terms of the legislation, scheduled to be in 2020 but there have been two ‘early’ elections in
the interim. In 2017 one of the exceptions in the Fixed-term Parliaments Act 2011 – that an early
election could be held if ‘two thirds of the whole House’ vote in favour of a dissolution – was definitively
met (with 522 votes for and only 13 against) and an election was held on 8 June 2017.

Another ‘early’ election was held on 12 December 2019 under rather different circumstances. On this
occasion, there were several divisions† in the Commons on holding an early election and, under the
terms of the Fixed-term Parliaments Act 2011, an insufficient number of MPs voted in favour of this. The
general election of December 2019 was brought about instead by the enactment of the Early
Parliamentary General Election Act 2019. This short statute simply allowed for a general election to be
held on 12 December 2019 and, as with any other Act of Parliament, required only a simple majority (51
per cent) in the Commons rather than the two-thirds majority required to hold an early election under
the provisions of the Fixed-term Parliaments Act 2011.

At the end of each session of Parliament the House is prorogued which means it is formally adjourned.

The Fixed-term Parliaments Act 2011 contains a requirement that:

The Prime Minister must make arrangements— (a) for a committee to carry out a review of the
operation of this Act and, if appropriate in consequence of its findings, to make recommendations for
the repeal or amendment of this Act, and (b) for the publication of the committee’s findings and
recommendations (if any).

This Committee had to be established no later than 30 November 2020 and, in line with these
provisions, a joint committee composed of 14 MPs and six members of the House of Lords was
appointed in November 2020 and was due to report on 26 February 2021.
7.2. Key positions in the House of Commons

The House of Commons is made up of the governing party, which is the political party (or, in the case of
a coalition government, the political parties) that secures the highest number of seats at the election,
and the opposition parties.

During your reading and studies you will encounter some terms that are likely to be new to you, for
example, in relation to parliamentarians you will hear frequent references to ‘backbenchers’ and
‘frontbenchers’. The way in which both the chambers are designed is such that there are rows of
benches on each side facing one another (in an adversarial manner) – on one side sits the government
and on the other (opposite) sit the opposition parties. At the front of these rows of benches sit the
government ministers (on one side) and ‘Her Majesty’s official opposition’, some of whom are also
referred to as the ‘shadow cabinet’ (on the opposite side). Behind these ‘frontbenchers’ sit all the other
MPs (known as the ‘backbenchers’).

Note that the House of Commons Disqualification Act 1975 limits the number of salaried government
ministers in the House of Commons to 95 (but this does not include parliamentary private secretaries).

7.3 The House of Lords – composition

The House of Lords is the ‘upper’ or ‘second’ chamber in the bicameral system of the Westminster
Parliament. It is the older of the two chambers of Parliament and historically membership was limited to
hereditary peers and representatives of the Church of England (the bishops).

Members of the House of Lords are known as peers. The members of this chamber are not elected by
the public – the House of Lords is composed entirely of appointed members, both hereditary peers and
life peers. Most are appointed by the Queen on the advice of the Prime Minister. Some, however, are
non-party political members recommended by the House of Lords Appointments Commission which is
an independent body established in 2000 ‘to make nominations for membership of the House of Lords
to the independent cross benches and is also responsible for the vetting for propriety of all nominations
to the House, including candidates for party political membership’.

Unlike the House of Commons, the membership numbers of the House of Lords are not fixed. There are
approximately 800 members. In January 2017 the total membership of the House was 839. At the time
of writing there are 793.

You will have noticed two of the most important differences between the Houses: the governing party
does not usually have a majority in the Lords and, even more significantly, there is a sizeable group of
peers referred to as ‘crossbenchers’, who do not support any particular political party. These factors
combined can be viewed as enhancing the contribution to independent thought and experience in the
Lords which is viewed as one of its major strengths when contrasted with the more adversarial and
party-political focus in the Commons.

7.4 House of Lords reform

Reform of the upper Chamber is often discussed as if it began with the House of Lords Act 1999, which
did indeed bring about a major change as a part of the wide-ranging constitutional reform programme
under the ‘New Labour’ government of 1997 to 2010). In reality, the House has experienced numerous
and varied reforms over its long history.
7.4.1 History of Lords reform: summary of key legislation

u Appellate Jurisdiction Act 1876 – allowed for the appointment of Judges of the House of Lords (known
as the Law Lords). u Parliament Acts 1911 and 1949 – removed the House of Lords legislative veto and
replaced with one of delay. Consolidated the primacy of the House of Commons. u Life Peerages Act
1958 – allowed for the creation of life peers (both men and, for the first time, women) who would be
entitled to sit and vote in the House of Lords and whose peerages would expire on their death and not
pass on to their heirs or successors. u Peerage Act 1963 – enabled hereditary peers to disclaim their
peerage for life. Also permitted peeresses to sit in the House in their own right. u House of Lords Act
1999 – removed most of the hereditary peers. The ‘Weatherill amendment’ allowed for two office-
holders (the Earl Marshal and the Lord Great Chamberlain) and 90 elected hereditary peers to continue
as members of the House. u Constitutional Reform Act 2005 – after the Supreme Court was established
in October 2009, members of the House of Lords Appellate Committee (the Law Lords) were no longer
entitled to sit in the legislature. u House of Lords Reform Act 2014 – this was a Private Members’ Bill
(which had the benefit of government support). It allows members of the House of Lords to retire or
resign permanently. It also provides that members who did not attend and those convicted of serious
offences should cease to be members of the House of Lords.

7.4.2 Future reforms?

Following the obvious lack of consensus on the extensive reform proposed in the draft House of Lords
Reform Bill in 2012–13, which was intended to introduce a much larger elected element into the House
of Lords by 2025, the Bill was subsequently withdrawn. The Joint Committee, which was created to
scrutinise this Draft Bill, also failed to reach agreement. The appetite for further large-scale reform of
the Lords subsequently waned and there was recognition that little consensus could be found.

Instead, more modest reforms came about both via the House of Lords Reform Act 2014 and, more
recently, through proposals stemming from the Lord Speaker’s Committee on the size of the House.
These reforms comprised an attempt to reduce the size of the Chamber and have had some success in
achieving this in a more pragmatic and incremental manner

7.5 Relationship between the House of Commons and the House of Lords

It is interesting, and indeed reflects the nature of the UK’s constitution more generally, that the
relationship between the two Houses in the bicameral Westminster Parliament is governed by both law
and convention.

7.5.1 Parliament Acts 1911 and 1949

The Parliament Act of 1911 was passed via the usual parliamentary procedure (although the consent of
the House of Lords to this legislation was neither a simple matter nor without controversy). The most
important effect of this statute was that it removed the House of Lords power of veto over primary
legislation and replaced it with one of delay. Under the terms of the Parliament Act 1911, any other
Public Bill, except those extending the life of a Parliament, could become an Act of Parliament without
the consent of the Lords if passed by the Commons in three successive sessions with two years between
first, second reading and final passing in the Commons, and if sent up to the Lords at least one month
before the end of each of the three sessions.
This meant that in certain (limited) circumstances the House of Lords could delay legislation for two
years but after this it could be sent for Royal Assent without the agreement of the Lords.

The maximum duration of a Parliament was also reduced from seven years to five (but this has
subsequently been superseded by the effect of the Fixed-term Parliaments Act 2011).

The Parliament Act of 1949 amended the 1911 Act and further reduced the Lords’ ability to delay
legislation in respect of Public Bills, other than money bills, from three sessions to two, and reduced the
period of time between the first, second reading and final passing in the Commons from two years to
one. This was particularly controversial as after the Lords rejected the Parliament Bill at second reading,
it subsequently became law in 1949 under the terms of the Parliament Act 1911. This was only the third
Bill to be passed in this way and, given its constitutional significance, led to much consternation. Any
questions, however, regarding the validity or position of the Parliament Act 1949 as primary legislation
were laid to rest by the House of Lords in Jackson v Attorney General [2005] UKHL 56.

7.5.2 Salisbury-Addison Convention

The Salisbury-Addison Doctrine or Convention was established through an agreement in 1945 between
Viscount Addison, the Leader of the House of Lords, and Viscount Cranborne (the fifth Marquess of
Salisbury from 1947), Leader of the Conservative Opposition in the Lords. It was of particular importance
during the welfare reforms of the post-war Labour government of 1945–51

This Convention means that, in practice, the House of Lords does not try to vote down at second or third
reading, a government Bill mentioned in an election manifesto† († A manifesto is a publication issued by
a political party before a general election. It contains the set of policies that the party stands
for and would wish to implement if elected to govern (source: [Link])).