Overview
This lecture covers the legislative process in the UK Parliament and compares the powers of the House of Commons and House of Lords, including key debates, stages of lawmaking, and likely exam questions.
Key Exam Debates & Questions
- Parliament's effectiveness in its legislative role is a common exam theme.
- Questions may ask whether the House of Lords effectively checks the Commons or if the Lords needs major reform.
- Essay plans should consider private members’ bills, scrutiny procedures, and the Lords’ role in legislation.
Types of Bills & How Laws Are Made
- Public bills affect the general population; private bills affect specific individuals or organizations.
- Most bills are government bills; private members’ bills are introduced by backbench MPs and rarely succeed without government support.
- Private members’ bills can be introduced by ballot, 10-minute rule, or presentation.
- Bills go through several stages: consultation (green/white papers), first reading, second reading, committee stage, report stage, and third reading in the Commons, then repeat in the Lords, ending with Royal Assent.
- “Parliamentary ping pong” occurs when the two Houses repeatedly send amended bills back and forth.
Key Powers and Limitations of the Lords
- The Salisbury Convention prevents the Lords from blocking government manifesto bills.
- Parliament Acts of 1911 and 1949 limit the Lords to delaying, not vetoing, non-financial bills, with delay now capped at one year.
- The Lords cannot block financial bills and usually accepts the Commons’ final decision due to its lack of democratic legitimacy.
Scrutiny and Recent Developments
- The House of Lords scrutinizes and amends legislation more thoroughly than the Commons, especially as government bills are increasingly rushed.
- Commons’ legislative scrutiny has declined; only a small percentage of bills receive pre-legislative or oral evidence scrutiny.
- Secondary (delegated) legislation is mostly controlled by the government and receives minimal parliamentary scrutiny.
Comparative Powers—Commons vs. Lords
Exclusive Commons Powers
- Can bring down a government via a no-confidence vote and form confidence and supply agreements.
- Can force through legislation using the Parliament Act and always controls financial legislation.
Lords’ Main Powers
- Can force a general election if a government exceeds five years without election (unused).
- Delays, scrutinizes, and revises non-financial bills, often inserting amendments.
- Has become more independent and professional, with a focus on technical expertise and civil liberties.
The Commons vs. Lords Power Debate
- The Commons is ultimately more powerful due to the Parliament Act, Salisbury Convention, and financial control.
- The Lords can influence legislation by delaying bills and pushing for revisions, especially when the government has a large Commons majority.
- The Lords provides more detailed scrutiny, but the Commons’ non-legislative oversight (e.g., select committees, debates) is also significant.
Key Terms & Definitions
- Bill — a proposed law before it is enacted.
- Public Bill — affects the general public.
- Private Bill — affects specific individuals or organizations.
- Private Members’ Bill — introduced by non-government MPs.
- Salisbury Convention — Lords do not block manifesto bills.
- Parliament Acts (1911, 1949) — limit Lords' legislative delay powers.
- Secondary (Delegated) Legislation — detailed rules made by ministers under authority from primary legislation.
- Parliamentary Ping Pong — bill amendments bounce between Lords and Commons.
Action Items / Next Steps
- Review the differences in legislative stages and powers of both chambers.
- Prepare essay plans on Parliament’s legislative effectiveness and the House of Lords' role.
- Read about recent examples of “parliamentary ping pong” and reforms in the Lords.