Parliament - House of Commons vs House of Lords

What It Means:
B
Both provide ministers: Governments are answerable to both houses, ministers in each. 85 can be recruited, 20 from the Lords
A
Authority Transferred: Reform Acts (giving more votes) increased Common’s legitimacy. Parliament Acts (delayed from 2 years to 1 year) restricted to the Lords power,
D
Democratic Credentials: Commons is where everyone have the vote, Lords is hereditary


L
Legislative Role: Lords can only delay for one year now. Accept amendments more because the Lords have more time
O
Outspokenness of Members: Commons are told what to do by whips because they need a job, Lords not reliant on party, usually retired and have no salary to lose
S
Scrutiny: Commons have select committees, debates and PMQs. Most backbenchers will not disagree with government because they’re in the same party. Lords have the same but they attract little publicity
E
Equal Debates: Commons are partisan and restricted to 10 mins, Lords have no restrictions and have no barriers.
R
Representativeness: Commons, yes but FPTP makes the commons politically unrepresentative. Lords are elderly and life peers are nominees of the PM. Life peers are the voice of a interest group.
S
Sidelined Together: Power has moved from constituents to MP, or to the EU.


Differences Between Hereditary Peers And Life Peers:
  • Hereditary: A member of the HOLs who since 1999 has been selected from those who inherit the title.
  • Life Peers: Members of the HOL that have been appointed to the chamber for their lifetime, PM can appoint them more than hereditary peers.
The 1999 Act:
  • Ended the right of all by 92 hereditary peers to sit and vote in the Lords
  • New category of ‘elected hereditary peers’ from a party or a cross bench
Parliament Act 1911:
  • HOL can only delay for 2 years, but changed to 1949 to one year
  • Been used 4 times: War Crimes 1991, European Parliamentary Elections, Sexual Offences, Hunting Act.
Salisbury Convention:
  • HOL won’t block legislation if it was in the manifesto because the partisan peers can block if opposition are in government. Because they do not have legitimacy.
Reasonable Time Convention:
  • Government needs to pass legislation in quick time, Lords have unlimited times but they must not block for very long or on purpose for the good of the public.
A More Assertive HOL:
  • Becomes more assertive since the removal of hereditary peers
  • Government defeats in the Lords have become more common – many on judicial review or constitutional matters
  • 2010-2015, 99 defeats on welfare and judicial
  • Of every 4/10 defeats one was accepted by Blair and Brown
Should The Lords Be Wholly Elected?
Yes
No
Has legitimacy
Conflict as both houses have legitimacy
Confident in scrutising the government
Provides gridlock
Challenge the dominance of the executive if PR was the voting system
Retain expertise and independence of crossbench peers
More representative if PR was the voting system
Problems with party that arise in the Commons would happen in the Upper House too.