9.3.2 Commons and Lords Interaction in Legislation: Including the Salisbury Convention

Overview

The legislative process in the UK involves significant interaction between the House of Commons and the House of Lords. This interaction ensures that bills are thoroughly scrutinised, debated, and amended before becoming law. Key elements include the passage of bills through both houses, the resolution of disagreements, and conventions such as the Salisbury Convention.

1. Passage of Bills Between the Houses

1.1. Initial Consideration:

• Bills can start in either the House of Commons or the House of Lords. The originating house reviews and debates the bill before passing it to the other house for further scrutiny.

• Example: The Environment Bill (2019-21) began in the House of Commons, where it underwent detailed debate and amendments before being sent to the Lords for further consideration. 1.2. Detailed Scrutiny and Amendments:

• Both houses have stages for detailed examination of bills, including Committee Stage and Report Stage, where amendments can be made.

• Example: The Police, Crime, Sentencing and Courts Bill (2021) saw extensive amendments in the Lords, particularly regarding protest rights and police powers, before being sent back to the Commons.

2. Resolving Disagreements

2.1. 'Ping-Pong' Process:

• When the Lords amend a bill, it returns to the Commons for consideration. If the Commons disagrees with the amendments, the bill can go back and forth between the houses in a process known as 'ping-pong'.

• Example: The Fire Safety Bill (2021) experienced 'ping-pong' due to disagreements over provisions related to cladding and fire safety measures. The back-and-forth continued until a compromise was reached. 2.2. Commons' Primacy:

• The House of Commons has the final say on most matters. If the two houses cannot agree, the Commons can use the Parliament Acts to pass legislation without the Lords' consent, though this is rare.

• Example: The Hunting Act 2004 was passed using the Parliament Act after persistent rejection by the Lords, highlighting the Commons' ultimate legislative authority.

3. The Salisbury Convention

3.1. Definition and Purpose:

• The Salisbury Convention is an unwritten constitutional convention that ensures the House of Lords does not block legislation promised in the governing party's election manifesto.

• Example: Following the 2019 General Election, the Conservative government's manifesto included the commitment to "Get Brexit Done." The Lords adhered to the Salisbury Convention by not blocking the European Union (Withdrawal Agreement) Bill, despite vigorous scrutiny and debate. 3.2. Application and Limits:

• The convention applies mainly to bills that implement manifesto commitments. It does not prevent the Lords from scrutinising and suggesting amendments but ensures that such bills ultimately pass.

• Example: The Immigration Act 2020, which included key manifesto pledges on ending free movement and introducing a points-based immigration system, was scrutinised but not blocked by the Lords, in line with the Salisbury Convention.

4. Expert Scrutiny and Revision

4.1. Contributions of Expertise:

• The Lords, with its members appointed for their expertise, contributes detailed scrutiny and improvements to legislation.

• Example: During the passage of the Health and Care Bill (2021), the Lords made significant amendments based on expert input from medical professionals, enhancing provisions related to patient care and public health. 4.2. Balancing Interests:

• The interaction between the houses balances the need for detailed scrutiny with the democratic mandate of the Commons.

• Example: The Trade Bill (2021) involved extensive revisions by the Lords to ensure adequate parliamentary scrutiny of trade agreements, balancing the expertise and broader considerations of the Lords with the Commons' legislative drive.

Conclusion

The interaction between the House of Commons and the House of Lords is a crucial aspect of the UK legislative process. It ensures that legislation is thoroughly examined, debated, and refined before becoming law. Conventions like the Salisbury Convention play a vital role in maintaining the balance of power, respecting the democratic mandate of the Commons while allowing the Lords to provide expert scrutiny and revision. Recent examples illustrate the dynamic interplay between the two houses, highlighting the effectiveness and complexity of the UK's parliamentary system.