⭐️Evaluate the view that when it comes to fulfilling their respective functions, the House of Lords can be seen as more successful than the House of Commons.

Question 1

What are your 3 para headings?
And L.O.A?

Answer 1

1. Scrutiny
2. Legislation
3. Representation
   L.O.A. = HOC is more successful at fulfilling its functions

Question 2

HOL is more successful in scrutinising & amending legislation

Answer 2

• more time for scrutiny
  ~ Illegal Migration Act became law in 2023 after +75 hours of scrutiny- changes on time limits for detention of children and pregnant women
• increasingly successful in their main role as a revising chamber
  ~Members recently inserted a new clause into the National Security Bill on foreign interference in elections

Question 3

HOWEVER (HOC on scrutinising & amending legislation)

Answer 3

• power to reject amendments
  ~ 2020: Commons rejected Dubs Amendment to Brexit Bill > because of the 80-seat majority of Johnson they won
  ~ April 2024: 10 amendments presented to Commons about Rwanda bill = each overturned by the Cons.
• more likely that pressure from backbench MPs will encourage gov. to propose & support amendments to its own legislation
  ~ 2012: 91 Cons. backbenchers voted against coalition gov. plans for HOL reform and it went their way

Commons = as successful, if not more successful at its function of scrutinisig & amending legislation

Question 4

HOL more successful in legislative role of debating & voting against legislation

Answer 4

• can delay legislation by 1 year
  ~ 2008 Counter-Terrorism Bill: 191 votes against
  ~delayed the 2012 Welfare Reform Bill: gov. suffered 6 defeats as Lords rejected the provision to charge single parents for the use of child support agency
• more able challenge gov.
  ~ 2021-2022 session = 128 government defeats (Government fails to persuade a majority of MPs or members of the House of Lords to support them in a vote)

Question 5

HOWEVER (HOC on debating & voting on legislation)

Answer 5

HOL constrained by:
- Salisbury Convention = HOL shouldn’t oppose 2nd/ 3rd of any gov. legislation promised in its election manifesto
- Financial privilege (special right of the House of Commons to decide public taxes and public spending) = may be used by the Commons as grounds for overruling any House of Lords proposal that has cost implications
- the Parliament Acts = Parliament Act 1911 removed the power to veto a Bill, except one to extend the lifetime of a Parliament, delaying powers of 2 yrs | Parliament Act 1949 further reduced the Lords’ delaying powers to one year
* threat of exercising that power can force gov. to withdraw/ amend legislation
* May 2024: Commons reversed Asylum Bill defeat by 21 votes, overriding HOL ruling
* 2017: Lords attempted to add amendments onto passing of Article 50 bill (would guarantee EU citizens’ rights for those already living in UK)] overturned by Commons

Question 6

HOL ability to represent issues that are important but not electorally popular

Answer 6

• many peers rep their area of expertise
• peers defend rights & interests of groups e.g. prisoners & asylum seekers that are not necessarily electorally popular
  ~June 2023: peers debated the Domestic Abuse Act - focuses on issues like stalking, domestic abuse & homicide - vast amounts of human rights lawyers in HOL > unsurpising issues like this often raised
  ~Baroness Tanni Grey-Thompson (ex-parlalympian) = crucial in proposing leg. which prevented coaches having sexual relationships with any of their students under 18 - 2017: she published the Duty of Care in Sport Report > many of the reccomendations were put into legislation

Question 7

HOWEVER the representation function is far more successfully carried out by the HOC

Answer 7

• Commons = elected MPs playing key role of representing constituents’ interests
• HOC elected by public = more representative of the electorate
• BAME: HOL = 3%, HOC = 8%, ethnic pop. = 13%
  ~2000: the Sexual Offences (Amendment) bill (reduced legal age for gay sex from 18 to 16) easily passed HOC BUT rejected by HOL