LLN 2011 025
LLN 2011 025
LLN 2011 025
2010
Matthew Purvis
21 July 2011
LLN 2011/025
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Table of Contents
Background Powers: Though the Commons had declared that the Lords should not
interfere with financial (supply) legislation, they could still in theory reject
it outright and the Lords still had power to amend or reject ordinary
legislation.
Issues: In the later 19th century Peers increasingly used their power,
particularly against measures proposed by Liberal governments. Most
significant was the rejection of the Irish Home Rule Bill in 1893. The
Liberal Government elected with a large majority in 1906 suffered
several defeats in the Lords on its flagship measures, such as on the
Education Bill. In 1909 the Lords rejected the Government‘s Finance Bill.
Proposal The Commons had already approved a resolution that the ―Commons
shall prevail‖ against the Lords in 1907. The Government proposed a Bill
to cut the powers of the Lords with regard to primary legislation. The
power to reject would be replaced by a delaying power of up to two
years. The Government threatened to create enough Liberal Peers to
pass the Bill if the Lords rejected it. The Bill was finally passed following
opposition from the Conservative Party and from a large number of Peers
in the House of Lords.
Background Reform Delayed: The First World War prevented any further reform to
the House of Lords. Following the conclusion of the war, David Lloyd
George established a commission chaired by Viscount Bryce.
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3. Parliament Act 1949
Manifesto: The Labour Party had stated that in Government they would
not tolerate obstruction of their programme in the Lords.
Proposal A Bill to amend the Parliament Act to reduce the Lords delaying power
from two years to one year. No scheme for wider reform was proposed.
Introduced in the 1947–48 session the Bill went through the Commons
but was adjourned in the Lords pending an inter-party conference on
reform. Nine principles were agreed, including that no party should have
overall control in a reformed House, creation of life peerages, allowing
women to be Members and the introduction of allowances. The
Conference collapsed over disagreement on powers. On reintroduction,
the Bill was then rejected at second reading twice in the Lords, having
gone through the Commons. It received Royal Assent in 1949 under the
terms of the Parliament Act 1911.
Background Old Solution: The creation of life peerages had historical pedigree.
Previous Private Members‘ Bills had proposed similar provisions for life
peerages, including a Bill introduced by Earl Russell in 1869, Lord
Newton‘s scheme in 1907 and a number of proposals through the 1930s.
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5. Peerage Act 1963
Background Women who had inherited peerages were unable to take their seats in
the Lords, a situation seen as anomalous following the introduction of
women as life Peers.
Background Manifesto: In 1966 the Labour Party reasserted its promise to safeguard
measures approved in the House of Commons from frustration by delay
or defeat in the House of Lords.
Proposal The Parliament (No 2) Bill containing these proposals was introduced to
the House of Commons on 19 December 1968.
A number of Private Members‘ Bills followed at the end of the 1960s and
throughout the 1970s. These included Robert Sheldon‘s proposal in 1969
to reduce the Lords‘ powers and Dennis Skinner‘s Bill in 1976 to abolish
it. Others proposed ending Membership by virtue of inheritance.
At the end of the 1970s several articles and reports considered Lords
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reform. A Labour Party National Executive Committee (NEC) statement
proposed abolition as the most straightforward and practical course. A
Liberal Party Working Group report advocated an elected House
constitutional settlement within a federal system of government. A
Conservative Committee, chaired by Lord Home, settled in favour of a
House composed by a mixture of election and appointment and
suggested that the powers of the House of Lords to delay legislation
could be restored to a two-year period.
Background Backbench Bills: In the 1990s a number of Private Members‘ Bills were
proposed to provide for elections to the Lords, including those by
Graham Allen and Peter Hain.
Labour Policy: In 1994 Tony Blair made a speech in which he stated his
Party‘s reform agenda. As a minimum first step the hereditary right to a
seat would be abolished by a short Bill, passed under the Parliament
Acts procedure if necessary, so that only Peers of first creation would be
entitled to attend and participate in House of Lords proceedings.
Background Royal Commission: The same month as the House of Lords Bill was
introduced, the Government published a white paper, Modernising
Parliament: Reforming the House of Lords (Cm 4183). The statement
announced the setting up of an appointments commission to recommend
non-party-political life Peers and the establishment of a Royal
Commission.
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Joint Committee of both Houses would in due course be established to
consider the implications of the Royal Commission‘s work.
Proposal In November 2001 the Government published its white paper, The House
of Lords: Completing the Reform (Cm 5291), seeking responses by
31 January 2002, with a view to introducing legislation thereafter. The
paper stated the Government‘s view that at least 20 percent of the House
should be non-party-political appointments.
Outcome Debate
Two days of debate on constitutional reform were held in the House of
Lords and one day in the House of Commons, with the white paper‘s
proposals attracting little support.
Proposal The Joint Committee on House of Lords Reform published its report,
House of Lords Reform: First Report (HL Paper 17 of session 2002–03).
It contained seven options for reform, including wholly elected, wholly
appointed and five different combinations of elected/appointed.
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11. Government Consultation: Next Steps (2003)
Background In January 2003, Tony Blair argued against the creation of a hybrid
House and expressed his support for the House of Lords as a revising
Chamber, not a rival Chamber. He favoured an appointed House.
Outcome Dropped
The proposals were opposed in both Houses. In November 2003, the
Queen‘s Speech said that legislation would be brought forward to reform
the House of Lords, removing hereditary Peers and establishing a
statutory appointments commission. In March 2004, Lord Falconer of
Thoroton told the BBC that plans to introduce a Bill to reform the House
of Lords had been dropped.
Background Manifestos: The Labour Party, the Conservatives and the Liberal
Democrats all included statements on House of Lords reform in their
2005 General Election manifestos.
Queen‘s Speech: In the Queen‘s Speech for the 2005–06 session, the
Government announced that it would ―bring forward proposals to
continue the reform of the House of Lords‖.
Proposal In February 2007 the Government published its white paper, The House
of Lords: Reform (Cm 7027). It proposed a hybrid House with at least
20 percent non-party-political appointments; direct elections through a
partially open list system; the primacy of the Commons; and reduced in
size to 540 Members.
Outcome Votes
MPs supported the principle of a bicameral legislature and two options—
an 80 percent elected House and a 100 percent elected House. They
also supported a motion stating that the remaining retained places for
Peers whose membership is based on the hereditary principle should be
removed.
Peers voted in favour of a fully appointed House and rejected all other
options.
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13. Labour’s Green Paper: An Elected Second Chamber (2008)
Background Green Paper: In July 2007, the Government‘s The Governance of Britain
(Cm 7170) stated that it was committed to enacting the will of the House
of Commons as expressed in the recent votes, and that cross-party
discussions would continue to such ends.
In July 2009, the Constitutional Renewal and Governance Bill (CRG Bill)
was introduced to the House of Commons. The Bill proposed the ending
of by-elections to replace hereditary Peers who had died and to disqualify
Members of the House of Lords found guilty of a serious crime or who
were subject to a bankruptcy order. The Bill also provided measures for
the House of Lords to suspend or expel Members and to allow Peers to
resign from the House of Lords and disclaim a peerage.
In February 2010, Jack Straw stated his intention ―to publish key parts of
a draft Bill for reform of the House of Lords in the next few weeks‖.
Following the announcement of the General Election, in April 2010 the
Government agreed to drop a number of provisions from the CRG Bill in
order for it to pass, including all the provisions that would apply to the
House of Lords apart from those relating to the tax status of Members.
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14. Further Reading
Andrew Adonis, Making Aristocracy Work : The Peerage and the Political System in
Britain 1884–1914 (1993)
House of Lords Library Note, The Life Peerages Act 1958 (21 April 2008, LLN 2008/011)
House of Lords Library Note, Proposals for Reform of the Composition and Powers of
the House of Lords, 1968–1998 (14 July 1998, LLN 98/004)
Roy Jenkins, Mr Balfour’s Poodle: An Account of the Struggle Between the House of
Lords and the Government of Mr Asquith (1968)
Janet P Morgan, The House of Lords and the Labour Government 1964–1970 (1975)