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Comparative powers of the Commons and the Lords (Assertive House of Lords,…
Comparative powers of the Commons and the Lords
House of Commons is dominant
Right to insist on legislation
Financial privilege
Power to dismiss the executive
Underpinned in legislation
Salisbury Doctrine
Reasonable time
Secondary legislation
The Parliament Act
House of Lords does not have a veto over legislation approved by Commons
It can only delay most bills passed by the Commons
1911
Restricted this veto power to two sessions
Transformed the Lords from a vetoing chamber into a revising chamber
Lords can propose amendments to bills
Commons can accept, reject or introduce new amendments
Upper House has to back down or block bills
Bills can be passed unchanged without Lord consent
War Crimes Act 1991
European Parliamentary Elections Act 1999
Sexual Offences (Amendment) Act 2000
Hunting Act 2004
Financial privilege
Lords cannot delay or amend money bills
National taxation, loans or public money
1911 Parliament Act
Any bill certified by the speaker as a money bill not passed within a month can get royal assent without Lords agreement
Not normally challenged if following the chancellor of exchequer's budget amendment
Commons can claim privilege
Lords passes an amendment to legislation that has financial implications, such as create new spending
Confidence and supply
Government must be able to command a majority in the House of Commons on votes of confidence and of supply
Supply refers to the authorisation of government spending by the Commons
Vote of no confidence
Callaghan: 1 vote
14 days
General election
Salisbury Convention
Lords cannot frustrate Commons
Political understanding
2006
Voted against identity cards bill
'Reasonable time' convention
No deliberate overlook
Reform
60 - day limit for consideration of government business
Secondary legislation and the Lords
Convention that Lords reject
2015
Tax credits
Stratchclyde review of the primacy
Commons should be able to override any Lords vote to reject secondary legislation
Assertive House of Lords
Sexual Offences (Amendment) Act 2000
Hunting Act 2004
1997 - 2010
400 defeats
Judicial and constitutional matters
4/10 accepted amendments
2010 - 2015
99 defeats
1,257/3,449 agreed amendments
Party balance
Enhanced legitimacy
Government mandate
Support from MPs
Debates about relative powers
Commons has input legitimacy
Responsive citizens' concerns
Lords has output legitimacy
Quality and effectiveness
Reform of the House Lords
House of Lords Act 1999
Composition of the Lords
Elected upper house
Challenge executive power
Lose the independence of crossbenchers
Appointed upper house
Revising chamber
Particular exercise