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Differences from the HoC
Starter Watch ‘Parliament Uncovered’ on the House of Lords and complete a table similar to the one below. What are the differences between Life, Hereditary & People’s Peers? Differences from the HoC Similarities with HoC
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Differences from the HoC
Similarities with HoC Unelected Lords (not MPs) – Life, Hereditary & People’s Second Chamber & has a secondary role Not paid Judicial role – includes Law Lords Includes clerics – bishops & archbishops Scrutinises Debates Select committees (though not departmental) Whips Speaker (though called Lord Chancellor in HoL) Acts as a check on govt.
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Composition & functions
House of Lords Composition & functions
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Visit: http://news. bbc. co
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Composition of the Lords
November 1999 House of Lords Act (second stage recently abandoned) First stage of reform of upper house 92 hereditary peers (c.10% of total) remained 10 hereditary peers given life peerages 2000, Appointments Commission set up to recommend ‘people’s peers’ 679 peers, 113 women (Feb. 2004) Baroness Amos. Are women better represented in the HoL compared with the HoC?
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Before reform
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After reform
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Key functions Legislative role Judicial role Scrutinising role
Deliberative role Legitimating role Judicial role
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Legislative role HoL amends & revises Bills sent from HoC
More leisurely pace & less partisan allows for more detailed examination of Bills Substantive amendments likely to be overturned in HoC
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Legislative role Parliament Act, 1911
Removed Lords power of veto over public legislation Power to delay Bills for maximum of two years (reduced to 1 year, Parl. Act, 1949) Removed HoL power to amend or veto money Bills Powers to veto any proposal to extend life of a Parl. Beyond 5 years
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Salisbury doctrine (convention)
Legislative role Salisbury doctrine (convention) Conservative Leader of the Lords, Lord Salisbury, 1945 “Since Labour govt. had a mandate to introduce policies such as nationalisation & welfare state, Lords should not oppose them at second reading”
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Scrutinising role HoL no structure of departmental select committees
HoL can set up committees to investigate particular policy areas or subjects
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Select Committee on European Communities
Scrutinising role Select Committee on European Communities 6 sub-committees Investigates Euro policies which raise important questions of policy or principle Could consider ‘merits’ of proposals as well as detail Could employ specialist advisers Widely admired (e.g. Norton)
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Joint committee for scrutinising delegated legislation
Scrutinising role Joint committee for scrutinising delegated legislation Members of both Houses scrutinised delegated legislation such as statutory instruments In addition, 1992, Delegated Powers Scrutiny Committee to consider proposed powers to be delegated to ministers under new Bills
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Scrutinising role Question Time in HoL
Question time is briefer (30 mins. Compared with 55 mins for Ministerial Questions) Up to four ‘starred questions’ answered per day by one peer
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Deliberative role Whips are present but not adhered to as rigidly as in HoC Quality of HoL debates is open to interpretation (click here for Adonis view)
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Legitimating role HoC is chief legitimating (approval giving) body because it is elected HoL contributes to legitimating because it gives formal approval to Bills
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Judicial role HoL is the highest court of appeal
Law Lords (including Lord Chancellor) are part of HoL
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Statutory instruments
“In order to reduce unnecessary pressure on parliamentary time, primary legislation often gives ministers or other authorities the power to regulate administrative details by means of secondary or delegated legislation known as statutory instruments. These instruments are as much the law of the land as an Act of Parliament. There are about 2,000 statutory instruments each year” HMSO, 1994, pp.77-8
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Starred questions Starred questions are so-called because they appear on the order paper with an asterisk against them. They are asked in order to obtain specific information, and not with a view to making a speech or raising a debate, although supplementaries may be asked. In addition ‘unstarred’ (debatable) questions may be asked at the end of business on any day, when speeches may be made. HMSO, 1994, pp.91-2
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HoL Debates – Adonis view
“Lords debates may not entirely be without influence, but they rarely make an impact which is more than minor and indirect.” Adonis, 1993, p.216
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