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The House of Lords Act 1999 and the 2010

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The House of Lords Act 1999 and the 2010 1129 words The House ofof LordsLords Lucinda MaerMaer Key Issues for the New Parliament 2010 THE NEW PARLIAMENT House of Commons Library Research Reform of thethe HouseHouse ofof Lords, Lords, long long a a hung hung chamber, chamber, remains remains on on the the agenda agenda House of LordsLords reformreform isis a a piece piece of of “unfinished “unfinished business” business” from from the the Labour Labour governments governments of of1997 1997- - 2010. The majority of the hereditary peers were removed by the House of Lords Act 1999 and the 2010. The majoritymajority ofof thethe hereditary hereditary peers peers were were removed removed by by the the House House of of Lo Lordsrds Act Act 1999 1999 and and the the Constitutional Reform Act 2005 removed the law Lords. Further reform was much talked about but Constitutional ReformReform ActAct 2005 2005 removed removed the the law law Lords. Lords. Further Further reform reform was was much much talked talked about about but but never occurred. The House of Lords never occurred. Membership and role of the second chamber Lucinda Maer Membership andand rolerole ofof the the second second chamber chamber The majority of members of the House of Lords are life peers. Nominations for life peerages are The majority ofof membersmembers of of the the House House of of Lords Lords are are life life peers peers. .Nominations Nominations for for life life peerages peerages are are Reform of the House of Lords, long apassed hung from chamber, the Prime Minister remains to the onQueen, and originate either through political parties or, since passed from thethe PrimePrime Minister Minister to to the the Queen, Queen, and and originate originate either either through through political political parties parties or, or, since since the agenda 2001, through the non-statutory Appointments Commission. 2001, through thethe nonnon--statutorystatutory Appointments Appointments Commission. Commission. Life Peers dominate House of Lords reform is a piece of “unfinished House of LifeLords Peers membership dominate by peerage type, suspects. Although the government can by- and 100% elected chamber. The major political House of Lords membership by peerage type, House of Lords membershipApril 2010 by peerage type, business” from the Labour governments of April 2010 pass the House of Lords by using the Parliament parties have all pledged to introduce either a April 2010 Bishops, 1997-2010. The majority of the hereditary Bishops, Acts, the conditions and political will required to majority or totally elected second chamber. Heredit, Bishops,26 peers were removed by the House of Lords Act Heredit, 26 do so means its use is rare. The two Chambers Heredit,91 26 91 1999 and the Constitutional Reform Act 2005 91 therefore often have to compromise to during However, the previous administration found removed the law Lords. Further reform was the legislative process. that despite a Royal Commission report, five much talked about but never occurred. government white papers, a select committee SIZE AND STANDARDS report, and indicative votes on composition MEMBERSHIP AND ROLE OF THE The House of Lords is one of the largest being held twice during the period in both SECOND CHAMBER parliamentary chambers in the world, second chambers, no clear way forward towards a The majority of members of the House of Lords only to the Chinese National Party Congress. “more democratic and representative” second are life peers. Nominations for life peerages are It is likely to grow further, with an increased chamber emerged. The difficult questions passed from the Prime Minister to the Queen, number of Conservative peers required to remain. For example, how would the primacy Life peers, and originate either through political parties Life peers, rebalance numbers and a dissolution list of the House of Commons be retained? Which 590 or, since 2001, through the non-statutory Life590 peers, expected from Gordon Brown. This is despite electoral system would be appropriate? If Appointments Commission. 590 the fact the major parties all advocate a smaller an appointed element is to be retained, second chamber in the longer term. what process should be used? Should there A hung chamber House of Lords membership by party, No one party has overall control in the House of House ofA Lords hung membership chamber by party, Despite some unfavourable publicity regarding be a continuing role for Church of England April 2010 Lords. Since 1999 peers have been appointed House of LordsApril membership 2010 by party, the appointments process, lobbying and alleged representatives? Would opposition in the House roughly in proportion to the share of votes cast April 2010 financial impropriety, the House of Lords of Lords impede the passage of legislation? in the most recent general election. Coalitions remains largely self-regulated. It preferred Con, 186 must be built across party groups and ‘cross Lab, 211 Con, 186 not to transfer its expenses system to the new Lab, 211 Con, 186 benchers’ in order to avoid or inflict defeats. Lab, 211 Independent Parliamentary Standards Authority. LIMITS ON THE POWERS OF THE The Standing Orders in the Lords provide few Reform measures included in the Constitutional HOUSE OF LORDS opportunities for debate to be curtailed and Reform and Governance Bill 2009-10 would The Parliament Acts of 1911 and 1949 mean there is no selection of amendments. As well as have allowed peers to resign, enabled the that any bill (except one to postpone a general large numbers of former MPs, the membership expulsion of peers in cases of wrong-doing, election) that passes the Commons in two Other, 26 LD, 72 successive sessions can be presented for Royal of the House of Lords includes notable experts Other, 26 LD, 72 and ended the by-elections for hereditary peers. Bishops, Assent without the consent of the Lords, as long and cross-benchers often from outside party Other,Bishops, 26 LD, 72 However, these provisions were all removed 26 as certain time restrictions apply. politics. The House of Lords is often praised for Bishops,26 during ‘wash-up’. 26 Cross- The Salisbury Convention requires the House its consensual style, its considered approach to Cross- bench, of Lords not to reject at second reading any bench, scrutiny and the combined knowledge of its Cross186 - TOWARDS REFORM? government legislation that has been passed by bench,186 membership. More fundamentally, it is widely held that the Commons and that carries out a manifesto 186 commitment. legitimacy and purpose. This has resulted the composition of the second chamber is The removal of the majority of the hereditary in a more assertive chamber which is willing undemocratic. Along with the Canadian The Lords may not amend bills relating to peers, together with the size of the and able to cause government defeats. For Senate, it is one of just two unelected second taxation or government expenditure and Government majority and concerns about the example, during the passage of the Prevention chambers that exist in major democratic states. under the Parliament Acts the amount of time scrutiny function in the Commons, has arguably of Terrorism Bill 2004-05 the Lords inflicted In 2007, free votes in the House of Commons given to scrutiny of the Finance Bill in the Lords is limited. given the House of Lords a greater sense of eighteen defeats over the detention of terrorist came out in favour of both an 80% elected 18 19.
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