The main powers of the House of Lords. (OCR A-Level Politics): Revision Notes

9.2.2 The main powers of the House of Lords.

Exclusive Powers of the House of Lords

While the House of Lords has limited legislative power compared to the House of Commons, it retains several exclusive powers and functions that play a crucial role in the UK's legislative process. These powers ensure that the Lords contribute to detailed scrutiny and revision of legislation, as well as providing expertise and independent judgement.

1. Revising Legislation

1.1. Detailed Scrutiny and Revision:

• The House of Lords is renowned for its detailed scrutiny and revision of bills. It can suggest amendments and improvements to legislation passed by the Commons.

• Recent Example: In 2021, the Lords extensively scrutinised and amended the Police, Crime, Sentencing and Courts Bill, focusing on provisions affecting the right to protest. The Lords' amendments aimed to balance public order with civil liberties, prompting further debate and reconsideration in the Commons. 1.2. Secondary Legislation:

• The Lords can scrutinise and sometimes reject secondary (delegated) legislation, although it cannot amend it. This power ensures that detailed statutory instruments receive appropriate oversight.

• Recent Example: In 2020, the Lords rejected the "Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations," a piece of secondary legislation affecting welfare benefits, prompting the government to reconsider its approach.

2. Expertise and Independent Judgement

2.1. Contribution of Experts:

• Many members of the House of Lords are appointed for their expertise in various fields such as law, medicine, science, and the arts. Their contributions provide valuable insights during legislative debates.

• Recent Example: During the debates on the Health and Care Bill (2021), peers with medical backgrounds, such as Lord Winston, provided expert analysis on the implications of proposed health policies, particularly those related to patient care and medical research. 2.2. Cross-Bench Influence:

• Crossbench peers, who are not affiliated with any political party, contribute independent judgement to the legislative process. Their perspectives often help mediate between party positions and enhance the quality of debate.

• Recent Example: The interventions of Crossbench peer Baroness Finlay of Llandaff were crucial in shaping the palliative care provisions within the Health and Care Bill (2021).

3. Delaying Legislation

3.1. Power to Delay:

• The House of Lords can delay legislation for up to one year, allowing for further consideration and public debate. This delaying power can be crucial for contentious bills.

• Recent Example: The Lords delayed the passage of the Internal Market Bill (2020), which raised significant constitutional and legal concerns regarding the UK's internal market post-Brexit. The delay allowed for extended debate and highlighted the issues to the public and government. 3.2. 'Ping-Pong' Procedure:

• When the Lords and Commons disagree on a bill, it can go back and forth between the two houses in a process known as "ping-pong." This allows the Lords to persist in its amendments and seek compromise.

• Recent Example: The Environment Bill (2021) experienced a prolonged 'ping-pong' process, with the Lords insisting on amendments related to environmental protections and biodiversity. The final version incorporated several key Lords' amendments, reflecting their influence.

4. Judicial Functions

4.1. Law Lords (Historical Context):

• Until 2009, the House of Lords acted as the highest court of appeal in the UK. Law Lords (Lords of Appeal in Ordinary) served as the supreme judicial authority.
• Historical Example: The House of Lords' judicial functions were exercised in landmark cases such as the Belmarsh case (A v Secretary of State for the Home Department, 2004), where the detention of foreign nationals without trial was ruled incompatible with the European Convention on Human Rights.
• Recent Development: These judicial functions were transferred to the newly established Supreme Court of the United Kingdom in 2009, enhancing the separation of powers.

Conclusion

The House of Lords, despite its limited legislative authority compared to the Commons, plays a vital role in the UK Parliament. Its exclusive powers of revising legislation, providing expertise, delaying contentious bills, and historically serving judicial functions, contribute to the legislative process's overall quality and thoroughness. Recent examples illustrate how the Lords leverage these powers to ensure that legislation is carefully considered, balanced, and improved before becoming law.