-- The House of Lords The House of Lords ––

Functions/Roles Functions/Roles

The Core Functions of the House of LordsThe Core Functions of the House of Lords

The House of Lords is the The House of Lords is the second chambersecond chamber of the United Kingdom Parliament. of the United Kingdom Parliament. It plays an intrinsic role in It plays an intrinsic role in revising legislationrevising legislation and and keeps keeps governments accountable by scrutinising their activitiesgovernments accountable by scrutinising their activities. The . The house complements the work of the commons, whilst members of the Lords house complements the work of the commons, whilst members of the Lords are not elected and unpaid. The house also has a are not elected and unpaid. The house also has a wide range of wide range of experience and provides a source of independent expertiseexperience and provides a source of independent expertise. . Further, it also has a Further, it also has a judicial role as the final court of appeal.judicial role as the final court of appeal. Thus, its core functions are:Thus, its core functions are:

Make laws Make laws

Holding Government to AccountHolding Government to Account

Act as a forum of independent expertise Act as a forum of independent expertise

Carry out judicial work –It is the highest court in the UKCarry out judicial work –It is the highest court in the UK

How Time is Spent in The ChamberHow Time is Spent in The Chamber

Scrutiny 40%Of which:Debates 22%Questions 14%Statements 4%

Legislation 60%Of which:Bills 55%StatutoryInstruments 5%

Function One - Making LawsFunction One - Making Laws

The House of Lords makes a major contribution to The House of Lords makes a major contribution to initiating, initiating, scrutinising and revising legislation.scrutinising and revising legislation.

Nearly 2/3 of time spent in the Chamber is devoted to legislation. Further, Nearly 2/3 of time spent in the Chamber is devoted to legislation. Further, detailed scrutiny of Bills in ‘Grand Committee’ amounted to the detailed scrutiny of Bills in ‘Grand Committee’ amounted to the equivalent of 21 working days in 2006-07.equivalent of 21 working days in 2006-07.

Members spend hours preparing for the formal stages, both individually Members spend hours preparing for the formal stages, both individually and in groups with their own parties, independent crossbenchers and and in groups with their own parties, independent crossbenchers and the Bishops. Whilst relevant outside groups affected by the proposed the Bishops. Whilst relevant outside groups affected by the proposed legislation also meet to discuss proposed changes. legislation also meet to discuss proposed changes.

Importantly, there is much consultation and negotiation with MPs in the Importantly, there is much consultation and negotiation with MPs in the Commons. Commons.

Pre Legislative ScrutinyPre Legislative Scrutiny

This involves an establishment of a This involves an establishment of a committeecommittee, often made up of , often made up of Members from both houses, in the session prior to a Bill’s Members from both houses, in the session prior to a Bill’s introduction. This process allows Members to hear introduction. This process allows Members to hear evidence from evidence from those affected by a bill, examine the policies those affected by a bill, examine the policies underlying it, identify potential problems and make underlying it, identify potential problems and make recommendations for improvement to the recommendations for improvement to the governmentgovernment. This happens before a bill is drafted and formally . This happens before a bill is drafted and formally considered. The considered. The purpose purpose of such scrutiny is to of such scrutiny is to lead more-lead more-informed debates and may save time in its passage informed debates and may save time in its passage through both Housesthrough both Houses..

Example – Example – Mental Health BillMental Health Bill – The purpose of this bill was to – The purpose of this bill was to address the way people with mental health problems were treated. address the way people with mental health problems were treated. The Bill introduced Community Treatment Orders (CTO’s) so those The Bill introduced Community Treatment Orders (CTO’s) so those with mental health problems could be monitored without being with mental health problems could be monitored without being detained in hospitals. detained in hospitals.

Mental Health BillMental Health Bill Issues and Concerns Issues and Concerns – There were concerns that the Bill had too many – There were concerns that the Bill had too many

powers to detain patients, without enough safeguards to protect them. For powers to detain patients, without enough safeguards to protect them. For example, people could be detained or put under a CTO without actually example, people could be detained or put under a CTO without actually committing an offence or even if there was no treatment for their conditions. committing an offence or even if there was no treatment for their conditions. Members identified that better care and resources were needed, not Members identified that better care and resources were needed, not preventative detention. preventative detention.

Changes by the Lords includedChanges by the Lords included::

- Safeguards to ensure that people could only be detained if treatment was likely to - Safeguards to ensure that people could only be detained if treatment was likely to improve their condition – or prevent it from getting worse.improve their condition – or prevent it from getting worse.

- Measures so that people could not be considered to have a mental disorder Measures so that people could not be considered to have a mental disorder solely on the grounds of sexuality, criminality or cultural, political or religious solely on the grounds of sexuality, criminality or cultural, political or religious beliefs.beliefs.

- Renewal of detention only if the patient had been examined by a medical Renewal of detention only if the patient had been examined by a medical practitioner.practitioner.

- As a result the Lords won valuable concessions to the Bill by way of right to As a result the Lords won valuable concessions to the Bill by way of right to advocacy, grounds for diagnosis, guaranteed age appropriate services for advocacy, grounds for diagnosis, guaranteed age appropriate services for children and safeguards on the use of some types of therapy.children and safeguards on the use of some types of therapy.

‘‘Its small but significant powers Its small but significant powers over legislation can be used to over legislation can be used to make a government think again make a government think again

and draw public attention to and draw public attention to issues across party divisions, issues across party divisions,

especially civil liberties, on which especially civil liberties, on which the Lords has become a powerful the Lords has become a powerful

and much needed pressure and much needed pressure group’group’

Vernon Bogdanor, Professor of Vernon Bogdanor, Professor of Government, Oxford UniversityGovernment, Oxford University

Function Two - Holding Government to Function Two - Holding Government to AccountAccount

Key role of ParliamentKey role of Parliament as a whole is to as a whole is to examine examine executive action, challenge policy and hold executive action, challenge policy and hold government to accountgovernment to account..

The House of Lords spends around 40% of its time in The House of Lords spends around 40% of its time in the Chamber scrutinising government. the Chamber scrutinising government.

Members of the house do this in two main ways:Members of the house do this in two main ways:

Questioning government ministers and seeking Questioning government ministers and seeking informationinformation

Debating government policies and important Debating government policies and important developments or events. developments or events.

QuestionsQuestions

Questions are used as an important tool in Questions are used as an important tool in keeping a check on keeping a check on government activitiesgovernment activities, to , to raise issues of concern raise issues of concern about government policy about government policy oror to seek information to seek information. .

Oral QuestionsOral Questions – – FourFour oral questions (starred questions) are oral questions (starred questions) are allowed to be asked on any subject for half an hour at the allowed to be asked on any subject for half an hour at the beginning of business. These questions are directed at the beginning of business. These questions are directed at the government as a whole, not specific government departments on government as a whole, not specific government departments on set days (as in the commons). In addition, over 5,000 set days (as in the commons). In addition, over 5,000 Written Written QuestionsQuestions were asked in 2006-07. The use of such questioning were asked in 2006-07. The use of such questioning to extract information has risen dramatically from over 1,000to extract information has risen dramatically from over 1,000

per session 20 years ago to over 5,000 in 2006-07. Answers are per session 20 years ago to over 5,000 in 2006-07. Answers are

expected within 14 days. expected within 14 days.

StatementsStatements

Statements are made in the chamber by a government Statements are made in the chamber by a government minister responsible for the subject in the House of minister responsible for the subject in the House of Lords. Lords. Such statements commonly inform Such statements commonly inform the house of an important development the house of an important development or an emergencyor an emergency. For example when suspected . For example when suspected bombs were left outside a London nightclub. Most bombs were left outside a London nightclub. Most statements are made in the commons, and repeated in statements are made in the commons, and repeated in the lords by a junior minister followed by a limited time the lords by a junior minister followed by a limited time for immediate questioning of the Minister. for immediate questioning of the Minister.

In 2006-07 there were 59 oral statements, subjects In 2006-07 there were 59 oral statements, subjects included the summer flooding and the seizure of Royal included the summer flooding and the seizure of Royal Navy personnel by Iran.Navy personnel by Iran.

DebatesDebates

The debates that take place in the House of Lords draw on the The debates that take place in the House of Lords draw on the many many specialists and professionals with relevant specialists and professionals with relevant experience of particular topics under discussion.experience of particular topics under discussion.

For example, a debate on the future of policing included For example, a debate on the future of policing included former police officers and representatives of police authorities, former police officers and representatives of police authorities, barristers, judges and other legal experts. Further, former barristers, judges and other legal experts. Further, former Home Office ministers and a former chief inspector of prisons Home Office ministers and a former chief inspector of prisons were present at this debate.were present at this debate.

Whilst debates on stroke victims, the NHS and stroke victims Whilst debates on stroke victims, the NHS and stroke victims had contributions from doctors, a dentist, a former governor of had contributions from doctors, a dentist, a former governor of

the National Heart Hospital and Health Experts.the National Heart Hospital and Health Experts.

Function Three – Act as a forum of Independent Function Three – Act as a forum of Independent ExpertiseExpertise

Lords committeesLords committees reports, based on evidence gathered during an reports, based on evidence gathered during an inquiry, help to shape public policy and keep a check on government activity.inquiry, help to shape public policy and keep a check on government activity.

Permanent Committees include: Permanent Committees include: European Union CommitteeEuropean Union Committee, , Economic Economic Affairs Committee and the Science and Technology Affairs Committee and the Science and Technology CommitteeCommittee. .

Advantages of committee work includes:Advantages of committee work includes:

Members of groups include experts in many fields, who bring authority to Members of groups include experts in many fields, who bring authority to committee findings and relevant experience – for example – the Science and committee findings and relevant experience – for example – the Science and Technology Committees members include a former president of the Royal Technology Committees members include a former president of the Royal Society, dentist, civil engineer and health care worker.Society, dentist, civil engineer and health care worker.

As As party politics are less heated in the Lordsparty politics are less heated in the Lords, this can lead to a more , this can lead to a more deliberative approach. deliberative approach.

Further, as they Further, as they do not have constituents to representdo not have constituents to represent means they means they can devote more time to committee work. can devote more time to committee work.

Example: The Science and Technology Example: The Science and Technology

CommitteeCommittee The Science and Technology’s Committee’s remit is to consider The Science and Technology’s Committee’s remit is to consider

science and technology and to report to the House of Lords for science and technology and to report to the House of Lords for recommendations for action. The Committee draws heavily on the recommendations for action. The Committee draws heavily on the distinguished scientists and policy makers who are in the house.distinguished scientists and policy makers who are in the house.

Personal Internet Security:Personal Internet Security: With the rise in the use of the Internet on a day to day basis for With the rise in the use of the Internet on a day to day basis for

things such as banking, shopping and social networking, the things such as banking, shopping and social networking, the Committee examined Internet security and personal online risks. Committee examined Internet security and personal online risks.

The Committee identified that the users of the Internet were The Committee identified that the users of the Internet were expected to protect themselves with very little support from the sate expected to protect themselves with very little support from the sate or the IT industry. or the IT industry.

The Committee identified that unless more was done to protect The Committee identified that unless more was done to protect Internet users, confidence in it as a secure place to do business Internet users, confidence in it as a secure place to do business could be lost. could be lost.

The Committee’s The Committee’s Recommendations included:Recommendations included:

Police resources and skills were increased so e-crime could Police resources and skills were increased so e-crime could be adequately tackled and a centralised reporting system be adequately tackled and a centralised reporting system could be set up.could be set up.

A legal obligation on business and government to send A legal obligation on business and government to send notification to anyone affected by data security issues be notification to anyone affected by data security issues be introduced.introduced.

The IT industry to do more to improve the security of their The IT industry to do more to improve the security of their products and to protect users.products and to protect users.

Function Four - Carry out Judicial Work – It Function Four - Carry out Judicial Work – It is the Highest Court in the UKis the Highest Court in the UK

The House of Lords acts as the The House of Lords acts as the final court on points of law for final court on points of law for the whole of the UK in civil casesthe whole of the UK in civil cases and for England, Wales and and for England, Wales and Northern Ireland in criminal cases. Northern Ireland in criminal cases. Its decisions are binding for Its decisions are binding for all other UK courts. all other UK courts.

Such judicial work is carried out by highly qualified and full time Such judicial work is carried out by highly qualified and full time judges, known as judges, known as Law LordsLaw Lords..

There are There are 1212 and are equivalent to supreme court judges in other and are equivalent to supreme court judges in other countries.countries.

They rarely take part in legislative business because they may be They rarely take part in legislative business because they may be ineligible to sit judicially if they express an opinion which later might ineligible to sit judicially if they express an opinion which later might be relevant to an appeal. be relevant to an appeal.

Law Lords act as representatives of the British legal system, in the UK Law Lords act as representatives of the British legal system, in the UK and abroad. They chair major public enquiries – Lord Saville chairs the and abroad. They chair major public enquiries – Lord Saville chairs the Bloody Sunday inquiry and they also give lectures.Bloody Sunday inquiry and they also give lectures.

The Powers of the LordsThe Powers of the Lords The 1911 and 1949 Parliament Acts limited the powers of the House of Lords. The 1911 and 1949 Parliament Acts limited the powers of the House of Lords. The 1911 The 1911

ActAct limited the legislation-blocking powers of the House of Lords. Provided provisions of limited the legislation-blocking powers of the House of Lords. Provided provisions of the Act are met, legislation can be passed without the approval of the House of Lords. the Act are met, legislation can be passed without the approval of the House of Lords. The first Parliament Act was amended by the second Parliament Act, the The first Parliament Act was amended by the second Parliament Act, the Parliament Parliament Act 1949Act 1949 which further limited the power of the Lords by reducing the time that they which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one. Whilst the Acts removed the powers of the Lords could delay bills, from two years to one. Whilst the Acts removed the powers of the Lords to amend any Bills concerning money. to amend any Bills concerning money.

However, The House of Lords is an integral part of the law making process. All laws must However, The House of Lords is an integral part of the law making process. All laws must be agreed by both the House of Commons and Lords, before receiving the Queens be agreed by both the House of Commons and Lords, before receiving the Queens approval. approval.

The House of Lords reviews bills sponsored by government which come from the The House of Lords reviews bills sponsored by government which come from the Commons.Commons.

A sizeable number of bills begin in the House of Lords each year, often because the bill is A sizeable number of bills begin in the House of Lords each year, often because the bill is technical rather than political but also to spread the legislative workload more evenly technical rather than political but also to spread the legislative workload more evenly between the two houses.between the two houses.

The House of Lords can propose and make changes known as ammendments. However The House of Lords can propose and make changes known as ammendments. However its powers are limited:its powers are limited:

If it doesn’t approve a piece of legislation, it can only delay its passage into law for up to If it doesn’t approve a piece of legislation, it can only delay its passage into law for up to a year. After this period, there are rules to ensure that the wishes of the House of a year. After this period, there are rules to ensure that the wishes of the House of Commons and the Government of the day prevail. Commons and the Government of the day prevail.

The Powers of The Lords Continued …..The Powers of The Lords Continued …..

In general the Lords can up hold most bills they disagree with for about a In general the Lords can up hold most bills they disagree with for about a year but ultimately the elected House of Commons can reintroduce it in the year but ultimately the elected House of Commons can reintroduce it in the following session and pass it without the Lords consent, except for:following session and pass it without the Lords consent, except for:

- Bills prolonging the length of a parliament beyond 5 years.Bills prolonging the length of a parliament beyond 5 years.

- Private Bills.Private Bills.- These are bills that are specific to one area or group of people. An example These are bills that are specific to one area or group of people. An example

is the Kent County Council Act 2001.is the Kent County Council Act 2001.

- Bills sent up to the Lords less than a month before the start of a session.Bills sent up to the Lords less than a month before the start of a session.

- Bills which start in the Lords.Bills which start in the Lords.

Despite this limited power, the House of Lords is still an integral part of the Despite this limited power, the House of Lords is still an integral part of the British political system. British political system.

House of Lords BingoHouse of Lords Bingo

Law LordsLaw Lords Hereditary PeersHereditary Peers

Life PeersLife Peers Oral QuestionsOral Questions

Written QuestionsWritten Questions CrossbenchersCrossbenchers

Science and Technology Committee Science and Technology Committee

DebatesDebates Reform Act 1999Reform Act 1999

Lords committeesLords committees Mental Health Bill Mental Health Bill

Upper HouseUpper House Private Private BillsBills