Reforming the Legislature: The Commons and the Lords

1. Reforming the Legislature:The Commons and the Lords

2. Bicameralism vs Unicameralism • Unicameralism – single legislative chamber • Strength of legislature vis-à-vis executive depends on nature of party system • Bicameralism – two legislative chambers • Weak vs strong bicameralism • Strong: 2 chambers have equal power (symmetrical) • Weak: lower chamber dominant (asymmetrical) • 2 chambers can be (s)elected on different basis • Strong bicameralism in federal states • Weak bicameralism or unicameralism in unitary states • The stronger the bicameralism, the stronger the legislature vis-à-vis executive in parl’mentary systems

3. House of Lords & Executive (1) • Lords once more powerful than Commons • Representation of different social classes • Composition: mainly hereditary peers (& Law Lords, bishops) • Once had unlimited power to veto legislation • Parliament Act 1911 – weakened Lords • Bill could become law without Lords’ consent after 2 years, money bills after 1 month; aspired to remove hereditaries • Parliament Act 1949 – 2 yrs delay cut to 1 year • Attlee Govt worried Lords would block radical policies • Salisbury Convention emerged • UK: weak bicameralism

4. Uses of the Parliament Acts • Welsh Church Act 1914 • Disestablished Welsh part of Church of England • Home Rule Act 1914 • Home Rule for Ireland (never implemented) • Parliament Act 1949 • Amended Parliament Act 1911 • War Crimes Act 1991 • Enabled UK to prosecute Nazi war criminals for activities outside UK • Only time Parliament Acts used by a Conservative Govt • European Parliamentary Elections Act 1999 • Changed voting system for Euro elections • Sexual Offences (Amendment) Act 2000 • Lowered age of consent for homosexuals from 18 to 16 • Hunting Act 2004 • Banned fox-hunting and hare coursing

5. House of Lords & Executive (2) • 1958 – Life Peerages Act • Enable prominent experts/public figures to enter Lords • Appointed by PM • Title dies with holder • 1968 – Wilson: stop hereditaries voting: defeated • Powers and functions • Legislation • Deliberation • Scrutiny – important committees • Previously Supreme Court of Appeal (Law Lords) • Constitutional Reform Act 2005 created new Supreme Court –opened in October 2009

6. New Labour – Reforming the Lords • Hereditary peers – conservative block on New Labour’s aspirations • Two-stage reforms – (1) remove hereditaries; (2) construct newly-composed chamber • Tories opposed removing hereditaries • ‘Cranbourne compromise’ – keep 92 hereditaries • Interim House – politically rebalanced: no party had majority • Govt established Royal Commission to look into Stage 2 – composition, functions, powers

7. Composition of House of Lords 2009

8. Stage 2 – Still Incomplete • Royal Commission (Wakeham) 2000 • 550 members: 67, 87 or 195 elected • White Paper, consultation, joint-committee • 2003: Lords voted for 100% appointment; Commons rejected all proposals! • Dept of Const Affairs Sept 2003 – all-appointed • White Paper 2007 • Remove hereditaries • Part-appointed, part-elected: 15-year terms, 1/3 elected every five years by regional list PR • March 2007: Commons voted for 100% elected; Lords voted for 100% appointed!

9. Future of the Lords (1) • Debate: composition > powers • Power underlies debate: election  greater legitimacy • Interim Lords flexing muscles • Salisbury Convention obsolete? • PM – too much patronage power? • Is an elected chamber a good thing? • Replicate party system in Lords • Unsuitable for scrutiny role?

10. Future of the Lords (2) • What is the purpose of a second chamber in a non-federal state? • Function > election? • Democracy less important because Lords doesn’t choose, maintain or remove Govt & not involved in finance? • Dual democratic legitimacies? • Deadlock vs rubberstamp? • Does present Lords show election unnecessary for upper chamber to check Govt and have legitimacy?

11. Parliamentary Scrutiny • Broader question: how effective are parliamentary checks on the executive? • Debates on Lords reform: praise for Lords’ scrutinising role • Strengthen Commons select committees? • But major barrier to parliamentary scrutiny = whipping system and party loyalty • Some evidence of greater willingness of backbench MPs to rebel against Govt

12. Electoral Reform for Commons • Parliament weak because 2-party system • … which derives from FPTP electoral system • PR  Coalition Govts • Scotland/Wales • Executive more answerable to legislature • Problem for reformers: Labour & Tories not (usually) interested in PR – prefer single-party majority Govts

13. Seat-Vote Differentials in UK General Elections, 1964-2005 Note: Vertical axis measures (% seats won) minus (% votes won). Figures above zero indicate ‘unearned’ seats in parliament; figures below zero indicate ‘deprivation’ of seats; zero indicates perfect proportionality.

14. Jenkins Report 1998 • Labour manifesto 1997 – electoral reform • Terms of Reference of Jenkins Committee • Keep constituency link • Strong Govt • Broad proportionality • Extend voter choice • Recommended AV+ • Voters have 2 votes • AV in constituencies – MPs win 50% + 1 votes • Top-up MPs elected on regional lists (list PR element) • Top-up MPs = 15-20% (bit more proportional than FPTP) • Illegitimate? – Lab-Lib Dem stitch-up? • Never implemented

15. Conclusion • Major check on executive would be electoral reform – referendum promised in Labour’s next manifesto • Lords reform is secondary by comparison… • … but still important • UK’s bicameralism strong in 1900, weak in 1980s, but somewhat stronger in 2009 – Lords enjoys greater legitimacy today