Keith Mack
The House of Lords is the second chamber of the UK Parliament and plays a crucial role in making laws. It is equipped to perform this role due to the wide range of expertise and experiences of its members and its independence of thought. The House of Lords has three main functions: making laws, investigating public policy, and holding the government to account. While it cannot initiate or amend money bills, the House of Lords can delay a piece of legislation passed by the House of Commons for up to a year but cannot block a bill altogether.
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What You'll Learn
The House of Lords can delay legislation but not block it
The House of Lords is the second chamber of the UK Parliament and is independent of the elected House of Commons. It has three main functions: making laws, investigating public policy, and holding the government to account.
The House of Lords once had the power to veto bills passed by the House of Commons, but this power was reduced by the Parliament Act 1911. Today, the House of Lords can delay a piece of legislation passed by the House of Commons for up to one year but cannot block a bill altogether. This power to delay is often referred to as a 'revising' role, where the House of Lords asks the House of Commons to ''think again' by tabling amendments to legislation. While it is uncommon for the government to be defeated on Lords amendments, it will often table its own amendments to address peers' concerns.
The power of the House of Lords is further restricted by the Salisbury Convention, which states that the Lords should not block government bills that implement policies proposed in an election manifesto. The House of Lords is also unable to amend or initiate any 'money bills', which are bills related to national taxation, public money, or loans.
The limits on the powers of the House of Lords reflect the fact that it is the unelected chamber of parliament. The role and size of the House of Lords have changed significantly over time, and many continue to call for reform, particularly to restrict the Prime Minister's power to appoint new peers.
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The House of Lords can't amend or initiate money bills
The House of Lords is the second chamber of the UK Parliament and is independent of the elected House of Commons. The House of Lords has three main functions: making laws, investigating public policy, and holding the government to account. Members of the House of Lords spend a lot of their time considering draft government bills before they become law.
The House of Lords can make and shape laws and check and challenge the work of the government. Members spend more than half of their time in the House considering bills (draft laws). All bills have to be considered by both Houses of Parliament before they can become law. During several stages, members examine each bill, line-by-line, before it becomes an Act of Parliament (actual law).
However, the House of Lords cannot amend or initiate Money Bills. Money Bills are bills designed to raise money through taxes or spend public money. They start in the House of Commons and must receive Royal Assent no later than a month after being introduced in the House of Lords, even if the House of Lords has not passed them. The House of Lords can only delay, rather than veto, most bills. The House of Lords once had the power to veto bills passed by the House of Commons, but this power was removed by the Parliament Act 1911.
In general, the unelected House of Lords defers to the House of Commons' democratic mandate but makes proposals for MPs to think about. The House of Lords is equipped to perform this 'revising' role due to the wide range of expertise and experiences of its members and its independence of thought.
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The Salisbury Convention restricts the House of Lords' powers
The House of Lords is the second chamber of the UK Parliament. It is tasked with making and shaping laws, investigating public policy, and checking and challenging the work of the government. The Salisbury Convention restricts the House of Lords' powers by preventing them from blocking bills that were promised in the governing party's manifesto. This convention is based on an agreement between the Conservative and Labour parties in 1945, which acknowledged the Labour government's popular mandate for significant reform.
The Salisbury Convention, also known as the Salisbury Doctrine or the Salisbury-Addison Convention, is a constitutional principle in the UK. It dictates that the House of Lords should not oppose the second or third reading of any government legislation mentioned in its election manifesto. This convention was established after the 1945 general election, which resulted in a Labour government with a mandate for substantial reform. Despite this, the House of Lords remained predominantly Conservative, leading to the creation of the Salisbury Convention to prevent the obstruction of Labour's legislative agenda.
The convention holds that the House of Lords should not use its power to delay legislation by employing wrecking amendments, which are amendments made with the intention of obstructing or preventing the passage of a bill. While the House of Lords can propose amendments to bills, any amendments must be agreed upon by the House of Commons. This dynamic between the two houses is often referred to as a "ping pong" process, as bills may go back and forth between the two chambers until an agreement is reached.
In recent years, the Salisbury Convention has been questioned and challenged on certain occasions. For example, in 2017, the Conservative minority government argued that the convention should apply to its manifesto pledges, but other parties in the Lords were unconvinced. Similarly, during the 2010 and 2017 general elections, which resulted in hung parliaments, there were debates about whether the convention applied to coalition or minority governments. Despite these challenges, the Salisbury Convention continues to play a significant role in shaping the House of Lords' treatment of government manifesto bills.
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The House of Lords can't veto public bills
The House of Lords is the second chamber of the UK Parliament and is tasked with making and shaping laws, investigating public policy, and checking and challenging the work of the government. The House of Lords once had the power to veto public bills passed by the House of Commons, but this power was removed with the passing of the Parliament Act 1911. This Act was passed due to a major constitutional crisis sparked when the Lords blocked a controversial finance bill put forward by the Commons.
The Parliament Act 1911 officially limited the powers of the House of Lords, reducing their ability to veto bills to a mere delaying power. This was one of the most radical reforms to the House of Lords in its history. Section 1(1) of the Act states that the Lords cannot hold up a finance bill for any longer than one month. If they try to hold a bill for longer, the Speaker of the Commons can present the bill to the monarch for Royal Assent, allowing the government to get the bill enacted despite opposition from the Lords.
The Salisbury Convention further reinforces the inability of the House of Lords to veto public bills. Under this convention, the House of Lords does not attempt to block bills that were promised in the governing party's manifesto and rarely blocks any bill in its entirety. Instead, the unelected House of Lords defers to the House of Commons' democratic mandate, making proposals for MPs to reconsider.
While the House of Lords can no longer veto public bills, they can still make amendments to them. If the Lords make changes to a draft law, it is sent back to the Commons for agreement. The Commons may accept the Lords' changes, make their own amendments, or reject them entirely. This process, known as "ping pong," may occur several times until both Houses agree on the text. Once both Houses approve the bill, it is sent to the monarch for Royal Assent, at which point it becomes a law or 'Act of Parliament'.
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The House of Lords can persuade the government to make policy changes
The House of Lords is the second chamber of the UK Parliament and is independent of the elected House of Commons. It has three main functions: making laws, investigating public policy, and holding the government to account.
The House of Lords has persuaded the government to make policy changes on a diverse range of issues. For example, it has successfully criminalised intimidation or harassment aggravated by hostility towards a victim's sex or gender, made a new offence for photographing breastfeeding in public without permission, and made it illegal to have sex-for-rental accommodation.
The House of Lords is equipped to perform this 'revising' role due to the wide range of expertise and experiences of its members and its independence of thought. A large proportion of its members have no political affiliation. Many have had successful careers in business, culture, sports, academia, law, health, public service, or politics. They use their extensive individual experience to investigate public policy, much of which is done in select committees—small groups appointed to consider specific policy areas.
The House of Lords plays an important parliamentary role, particularly in shaping and refining legislation. It is often referred to as a 'revising chamber' because it frequently asks the House of Commons to 'think again' by tabling amendments to legislation that are then voted on by MPs. While it is uncommon for the government to be defeated on Lords amendments, it will often table its own amendments to address peers' concerns.
The powers of the House of Lords are limited by the Parliament Acts. The Lords can delay a piece of legislation passed by the House of Commons for up to a year but cannot block a bill altogether. The Salisbury Convention further restricts the Lords' power by stating that they should not block government bills that implement policies proposed in an election manifesto.
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Frequently asked questions
Yes, the House of Lords can make laws. The House of Lords is the second chamber of the UK Parliament and has three main functions: making laws, investigating public policy, and holding the government to account.
The House of Lords makes laws by reviewing and amending bills. A bill is a draft of a new law or a change to an existing law, presented to Parliament. The House of Lords can suggest amendments to a bill, which are then sent to the House of Commons for approval. This process of sending a bill back and forth between the two houses is known as "ping pong" and can occur multiple times until both houses agree on the final version of the bill. Once the House of Commons and the House of Lords agree on the content of the bill, it requires Royal Assent, or the monarch's approval, to become a law or 'Act of Parliament'.
The House of Lords cannot block a bill altogether. While it has the power to delay a piece of legislation passed by the House of Commons for up to a year, it cannot veto a bill. The House of Lords also cannot amend or initiate any 'money bills', which relate to national taxation, public money, or loans.
Yes, a bill can be introduced in either the House of Commons or the House of Lords. However, most commonly, bills are introduced in the House of Commons by the government.
