House of Lords Explained

Other titles in this series: Parliament Explained 6
1 Parliamentary Elections
2 House of Commons
3 Parliament & Government The House
4 Making a Law
5 Debates in Parliament of Lords
The UK’s second chamber,
complementing the work
of the Commons.

Parliamentary Copyright 2006
What is the House of Lords? 1
May be reproduced for purposes of private
study, research or educational use without The State Opening of Parliament 1
permission. Reproduction for sale or other
What does it do? 2
commercial purposes not permitted.
How does the House organise itself? 7
Chris Weeds
Education Officer Who does the work? 9
April 2006 Key dates in the history of the Lords 10

No6 House of Lords.indd 1-2 24/04/2006 17:06:19

The House What does it do?

of Lords 1. Makes Laws
The House of Lords is a key contributor to the process
of initiating, revising and amending legislation. It
spends two-thirds of its time doing this.
W
hat is the House of Lords?
The House of Lords is the second chamber,
or upper house, of the UK’s bi-cameral 2. Scrutinises Government
The House of Lords acts as a check on the activities
(two chamber) parliament. Together with of the Government (Executive).
the House of Commons and the Crown,
the House of Lords forms our Parliament.
It has evolved over hundreds of years
and has played a central role in the UK’s 3. Provides independent expertise
The House of Lords draws on the wide-ranging
parliamentary system since its origins in the
expertise of its members and, through its
14th century. Like the House of Commons committees, conducts internationally respected
and other ancient institutions, it continues investigations into specialist subjects.

to change and develop.

4. Carries out judicial work
The State Opening

The House of Lords is home to the highest Court
of Appeal in the UK (except for criminal cases in
of Parliament Scotland).
Most people are familiar with the House of Lords from the
television coverage of the State Opening of Parliament. This
is a great parliamentary occasion which takes place at the
What the House of Lords does and how it spends its time
beginning of the new Parliamentary year, usually in October
or November, or immediately after a general election as in
May 1997, June 2001 and May 2005. The Queen comes to
Westminster for the ceremonial opening of the new session of
Parliament. From the throne in the House of Lords (see picture),
Revising Legislation 60%
the Queen reads the speech, prepared by the Cabinet, which sets Including:
Bills 55%
out her Government’s plans for the forthcoming year. The State
Statutory Instruments 5%
Opening is one of the few occasions when all three parts of
Parliament meet together - the Crown, the Lords and the Commons.
It is the main ceremonial event of the Parliamentary year.

Scrutiny 40%
Including:
Debates 22%
Questions 14%
Statements 4%

Information based on statistics compiled by the House of
Lords Information Ofﬁce between 1997 and 2005.
Parliament Explained
The House of Lords


1. Making Laws 2. Scrutinising the Government
The House of Lords is an integral part It is the duty of Parliament as a whole Starred Questions (Question time)
of the law-making process. All laws must The Powers of the Lords to keep an eye on the work of the
The House of Lords, like the House of Commons, makes Government ministers answer
be agreed by both the House of Lords and Government by making Government
These are limited by both law and convention: questions about their work. At the beginning of business from Monday to Thursday in
the House of Commons, before receiving ministers answer for the work they do
the Lords, a number of oral questions are asked. These are known as “Starred Questions”
the Queen’s approval (Royal Assent). The Parliament Acts of 1911 and 1949 Although rarely invoked, the Parliament and the decisions they make. The House
because they have stars, or asterisks (*) next to them on the Order Paper. Question
The House of Lords reviews bills Acts provide a framework and a means of Lords does this in several ways:
These define the powers of the Lords time in the Lords takes about half an hour and includes opportunities for supplementary
sponsored by Government which of resolving disagreement between the
in relation to public bills. In general, questions.
come from the Commons. A sizeable Commons and Lords. They have only been
the Lords can hold up most bills they
proportion of bills begin in the House used three times.
disagree with for about a year but
of Lords each year, sometimes because
ultimately the elected House of Commons Commons Privilege
the Bill is technical rather than political
can reintroduce it in the following
but also to spread The Commons have claimed a general
session and pass it without the Lords'
the legislative workload more evenly privilege in relation to the raising and
consent, except for:
between the two Houses. spending of taxpayers’ money since
•
Bills prolonging the length of the 17th century. Bills to raise taxes
The House of Lords can propose and
a parliament beyond 5 years or authorise expenditure always start
make changes known as amendments.
in the Commons and cannot be amended
But its powers are limited; if it doesn’t • Private Bills
by the Lords.
approve of a piece of legislation, it can
only delay its passage into law for up
•
Bills sent up to the Lords less than General debates
a month before the end of a session
to a year. After that, there are rules to If a member believes strongly in a particular cause (e.g. the improvement of race
ensure that the wishes of the House of • Bills which start in the Lords relations or the reduction of Third World debt) then a general debate can be a good way
Commons and the Government of the of attracting attention to the issue. The general debate is a discussion, and there is
day prevail. not usually a vote at the end. Debates will usually tackle some matter of public interest
Public Bills or provide an opportunity for discussing a report which has just come out. The Lords
Bills which affect us all are known as Public Bills. There are two types of public bill:
provides a valuable opportunity to discuss important matters, drawing on its members’
Bills introduced by Government, and bills introduced by an individual member in
wide range of expertise. One day a week is set aside either for one longer or two shorter
either of the two Houses. The second type are known as private members’ bills. Often
debates lasting a maximum of five hours. Such debates have tackled topics such as post-
such Bills do not become law because of a shortage of parliamentary time, usually
16 educational arrangements.
in the Commons, but nonetheless provide an opportunity to raise important national
issues. One example of a successful private member’s bill is The Protection of Animals
(Amendment) Act 2000 (known as the puppy farming bill) which was introduced to
secure tighter regulation of commercial dog-breeding.
Liberal Democrat Baroness Williams
Stages of Public Bills Private Bills speaking in a debate.
These are called “private” (as opposed to “private members”) bills because the legislation
Introduction and First Reading
is specific to one area or group of people. Examples of recent private bills are the Kent
Mini debates (Unstarred Questions)
County Council Act 2001 and the City of Newcastle upon Tyne Act 2000. The exchanges on a Starred Question are usually brief. But an Unstarred Question leads
Second Reading
to a short debate. Like Adjournment debates in the Commons, they can be about almost
Delegated legislation anything. The member who asks the Question makes a speech, then other members
When Parliament makes a new law it often gives a Government minister the power to fill contribute and finally the minister explains the Government’s views on the subject.
� � � � � in the details. This is because Parliament does not have time to oversee all the detailed Unstarred Questions are asked on most sitting days, usually in the dinner break or at
Committee of Special �
Grand Select Public Bill
Committee
the �
Whole House
Committee
Public Bill
Committee
Committee legislative requirements of each Government department. This power is known as the end of the day’s business.
delegated (or secondary) legislation, and is carried out through Statutory Instruments
(SIs), Orders and Regulations. Procedures exist for examining these, but they come into
play after the parent act or primary legislation has passed through Parliament.
Report
Through its Delegated Powers and Regulatory Reform Committee, the House of Lords plays
The recent rise in Questions
a crucial role in ensuring that a proper balance is struck. The committee’s chief concern
for Written Answers
Written questions
Third Reading is with the extent of legislative powers proposed to be delegated by a bill to government
Questions may also be put down for a written answer. Full replies are expected within
ministers, and its function is to vet all proposed delegated powers before the Bill passes
a fortnight and printed in the back of the Lords Hansard. The volume of these has
House of Commons through the House of Lords. The Committee was set up in 1989 partly to increase control 6,000
increased significantly in recent years.
of the Executive while at the same time saving parliamentary time. 5,000
Statements
Consideration of�
Commons Amendments Another committee (the Merits of Statutory Instruments Committee) was set up in 4,000
December 2003 to identify important statutory instruments which merit further debate and 3,000
Royal Assent Government statements on important or urgent issues are made by the Minister
consideration. In the Chamber, unpopular things could slip through the net if the House of
2,000 responsible for the subject in the House of Lords. Most statements are made in the
Lords did not act as a watchdog by generally keeping an eye on and debating this type
1,000 Commons, and repeated in the Lords by a junior minister. This is followed by a limited
of regulation.
0 time for immediate questioning. Subjects can range from the announcement of a White
Paper to an emergency such as a major rail accident or an international crisis.
1992-93

1994-95

1996-97

1998-99

2000-01

2002-03

2004-05

Short session due to general election
Parliament Explained The House of Lords


3. Providing independent expertise 4. Carrying out judicial work
The Lords also has a number of Unlike the Commons, Lords investigative The European Union Committee has The House of Lords is the highest The modern form of appeal to the If any British citizen disagrees with a
Select Committees, like the House committees do not mirror the work of more than 70 members serving it and its court in the land - the supreme court House was established by the Appellate decision made by a lower court, he or she
of Commons. Some of these deal particular government departments. seven sub-committees. Members have of appeal. It acts as the final court Jurisdiction Act 1876 when provision has a right to take action to overturn that
with internal management and Instead, they deal with broader issues a wealth of professional experience in on points of law for the whole of the was made for the creation of Law Lords decision. This right is ancient but the
administration but most carry out and draw on the wide-ranging experience the areas they scrutinise, they examine United Kingdom in civil cases and for (the first life peers). These peers, formally conditions under which an appeal can be
important investigative work on of members. In this way, the House of draft European Union (EU) legislation England, Wales and Northern Ireland known as Lords of Appeal in Ordinary, made have become closely defined in statute
matters of public interest. When an Lords system of committees complements and policy proposals on a wide range in criminal cases. Its decisions are also sit in the House like other members. over the last century. Permission to pursue
investigative committee completes its the scrutiny of the executive carried out of topics. The committee has reported binding for all other UK courts. The Today there may be up to 12 Lords of a case at this level is known as “leave to
work on a particular issue, a report by the Commons. on future EU spending plans, the vast majority of members have no Appeal in Ordinary and they are usually appeal” and there are a number of routes
of its conclusions is issued for the constitutional treaty, Channel Tunnel rail part to play in the House’s judicial appointed from the Lords Justices of a case may take to get this far.
There are four main areas of work -
House to debate, and for the public freight, weapons of mass destruction and work, which is carried out only by Appeal, or less frequently, from judges
Europe, Science, the Economy and the Once it is decided that a case should go
to see what it had discovered. These life-long learning. highly qualified judges called Law of the High Court. In addition, former
Constitution - but occasionally, for various before the Law Lords, Appeal proceedings
reports are highly respected for their Lords. Only cases of public importance Lords of Appeal in Ordinary, former Lord
reasons, a separate committee will be set The Science and Technology Committee take place. These are open to the public
balance, independence and authority. where a significant a point of law is Chancellors and holders of other high
up to deal with a particular issue. was set up in 1979 to consider science and held in committee rooms. Proceedings
involved are heard by the Law Lords. judicial office are entitled to sit as Law
and technology - a very wide brief. are not as formal as they are in the lower
Lords under the Act but in practice do so
Over 20 members are involved; including courts; the Law Lords wear ordinary suits
A committee sitting Specialist Adviser1 Chairman2 Clerk3 NB The Constitutional Reform Act infrequently.
eminent scientists with wide ranging - not robes or wigs. Once their conclusions
2005 provides for the separating of
experience of science, industry, medicine are reached, the result (or judgment) is
the judiciary (legal system) from
and research as well as high-level policy- announced in the Lords chamber. As well
the legislature (parliament) and the
making. Recent reports have covered as the Law Lords who again, do not wear
executive (government).
a UK strategy for radioactive waste robes or wigs, any member of the House
It:
management, avian flu, stem cell research may attend. Judgments are available on
• eforms the office of Lord
r
Ofﬁcial reporters4 and the dangers of deep vein thrombosis the internet.
Chancellor who, as head of the
in long-haul air travel.
judiciary, appoints judges;

the law lodds r
The Economic Affairs Committee looks • ets up a separate, independent
s
at issues such as how globalisation should supreme court (from October

have ma e e
be defined, and whether this should be 2009);
= Memebers different from an open and integrated • stablishes an independent
e

an admirablur
world economy. Members include a former Judicial Appointments
Chief Secretary to the Treasury, professors Commission.

de f e n c e o f o
of economics, former senior Treasury civil
servants, a former newspaper economics

freedoms Cris
Witnesses editor as well as practising businessmen.

is as Lords
The Constitution Committee was set up in
2000 to keep under review the operation of
the constitution. Since our constitution is
uncodified and derived from interpretations say anti-terror
Public seating
of the statute books, this committee keeps
a watchful eye on legislative changes that laws are illegal
may affect the way it operates.

Couple
w
designe rong to make
Sometimes ad hoc investigative committees
are set up to look at particular issues which

r baby, L
do not fit into the four main areas above.

ords tol
The BBC Charter Review Committee is

d
one example. This was set up to examine
government proposals for the future of the
BBC and how it will be funded.

n
3 The law lords

rdict o kes
1 2 Sometimes controversial bills are referred
4

ges’ ve provo
to a select committee, e.g. the Assisted Sitting, left to right: Lord Nicholls of

Jud r laws
Dying for the Terminally Ill Bill. This Birkenhead, Lord Bingham of Cornhill and

rro utional crisis
committee heard evidence from around 140 Lord Steyn.
expert witnesses and visited four countries
with experience of practising euthanasia.
Standing, left to right: Lord Walker of
te tit
cons
Gestingthorpe, Lord Carswell, Baroness
Hale of Richmond, Lord Brown of Eaton-
under-Heywood, Lord Roger of Earlsferry,
Lord Hope of Craighead, Lord Scott of
Foscotte, Lord Saville of Newdigate and
Lord Hoffmann.
Parliament Explained The House of Lords


How does the House organise itself?
Party Strengths Parties and other groups The crossbenchers have similar meetings. Not every department has a minister in Some key officers of the House of Lords
Each week, a list of forthcoming business the Lords, and this is where the Whips
As at 1 March 2006 The House of Lords is organised on a is circulated to members of the party step in. As well as their normal Whip’s
250 party basis in much the same way as the - underlined once, twice or three times, business, they are expected to help out at Government Administration
200 205 206
House of Commons, but with important with three lines indicating the most Question Time and in debates. Even with
190
differences. Members of the House of important business (a three line whip). seven Government Whips in the Lords
150
Lords are less rigidly partisan than in helping out in this way, there are still not
Although party discipline has become
100
the Commons, whose elected members enough spokespeople to go round. Each
stricter in recent years, Whips in the House
50
74
are more sensitive to political and spokesperson, therefore, even if holding a
of Lords are not in such a strong position
26 constituency interests. Many members ministerial post, has to answer questions
0 12
as those in the Commons. Most MPs in the
of the House are not members of any on a number of different subjects. As
Conservative Labour Liberal Crossbench
Democrats
Bishops Other
Commons rely on the sponsorship of their
political party. Those who do not support all questions in the House of Lords are
(Source: House of Lords Information Ofﬁce, March 2006) party to keep their seats.
one of the three main parties are known addressed to the Government, not just
as Independents or Cross Benchers. The This is not the case in the Lords which is one government department, some Whips
crossbench group is a distinctive feature not elected, so the Whips can only use act as spokesmen on several different
of the House of Lords. persuasion, not threats. As a result, Whips subjects for several different departments.
cannot predict how the Lords will vote.
How business is decided The House of Lords’ contribution to the The working year
parliamentary process is characterised
All political parties in the House of
more by its independence of thought
and daily business
Lords hold party meetings, as they do
and its breadth of specialist expertise. In The House of Lords sits at 2.30pm
in the Commons, to discuss forthcoming The Lord Chancellor is a member of The Clerk of the Parliaments’ role is
The Weekly Whip this way it complements the work of the on Mondays and Tuesdays, 3pm on
business. This process of organising the Cabinet and is Speaker of the House steeped in history but similar to that of
Commons. Wednesdays and 11am on Thursdays. It
business involves the ‘Whips’ (business ex officio. His role as Speaker is very a Chief Executive. As the House of Lords’
sometimes sits on a Friday, also at 11am.
managers) and party leaders. They are different to that of the House of Commons most senior permanent official, he is
often known as the ‘usual channels’.
Ministers The House usually sits until about 10.00
Speaker. The Lord Chancellor sits on the responsible for the House’s management,
- 11.00pm but has been known to sit all
The Lord Chancellor* and the Leader of Woolsack but does not call upon members administration and finances. Essentially,
night. On average nearly 400 peers attend
the House are usually cabinet members, to speak and has no powers to call the the office’s function is to serve and
daily. Like the Commons, the Lords have
and they carry out Government duties House to order. The Constitutional Reform support the needs of the House.
breaks at Christmas, Easter, late Spring
in addition to their roles at the House Act 2005 makes changes to the office
Bank Holiday and in the summer. They
of Lords. Most heads of government of Lord Chancellor, including the role of
usually sit on about 160 days a year.
departments sit in the Commons, and Speaker. Members of the House will elect
are therefore not permitted to answer Business in the chamber on a typical day a new Speaker in June 2006.
questions or contribute to debates in is ordered as follows:
the Lords. But as there is a need for
•
Prayers (before public business begins)
spokespeople who can explain Government
policy in the Lords, the Government of •
question time (Starred Questions)
the day will often draw some of its senior
•
legislation
Cabinet members from the House of Lords.
•
debates (or motions - usually on Thursdays)
* The Office of Lord Chancellor will change
under the terms of the Constitutional • Unstarred Question (mini-debates)
Reform Act 2005 (see page 6).
Select committee work takes place outside
the chamber in the mornings and the
Minister at the despatch box afternoons when members may have to
juggle their time between attending a
committee and participating in business
in the chamber. Black Rod’s post, like the Clerk of the
The Leader of the House has a Parliaments’, has existed for as long as the
responsibility to the House as a whole House itself. He is responsible for control
as well as being leader of the party in of access to the House, maintaining
Government. The Leader is also a member order within the precincts and domestic
of the Cabinet. It is to The Leader, and arrangements within the House. He also
not to the Lord Chancellor, that members has royal duties associated with the Order
turn for advice and ‘leadership’ on points of the Garter and the State Opening
of order and procedure. Lords business is of Parliament. The House of Commons
expected to be conducted in an orderly equivalent is the Serjeant at Arms.
and polite fashion without the need for
an active Speaker.

The House of Lords


Who does the work? Key dates in the history of the Lords Find Out More
Unlike MPs, Lords are unpaid, except for certain allowances to Today’s House of Lords began in the 14th century as the King’s Council and is the result
Archives
cover attendance which is voluntary. Exceptions include those of centuries of evolution. The chart shows some of the key dates in this development.
Archives from 1497, including original
who are paid salaries as ministers, and the law lords. Currently
Acts of Parliament, are kept in the House
there are about 725 members and four distinct types of member:
of Lords’ Record Office (The Parliamentary
Elected Hereditary peers Archives) which is open to the public, to
Life peers The House of Lords Act 1999 ended the right of hereditary peers
14th century Lords begin to sit in a separate House
The view records on request tel: 020 7219 3074.
These make up the majority of the membership (currently about to sit and vote in the House of Lords. Until then there had from the Commons. Members of the House
Hansard
580). The power to appoint belongs formally to the Crown, but been about 700 hereditary members. While the Bill was being
of Lords are drawn from the Church (Lords The day’s proceedings are printed in the
members are essentially created by the Queen on the advice of considered, an amendment was passed (known as the Weatherill
Official Report, (separate volumes are
the Prime Minister. Life peers’ titles cease on death. amendment after Lord Weatherill who proposed it) which enabled Spiritual) and from magnates chosen by the
produced for the Commons and Lords)
92 of the existing hereditary peers to remain as members.
monarch (Lords Temporal), while Commons referred to as Hansard after its original
Law lords This was agreed on the understanding that it was a temporary
printer. It is also available at www.
measure to be revoked on the implementation of reform’s next members represent the shires and boroughs.
Up to 12 Lords of Appeal in Ordinary are specially appointed parliament.uk by 8.00am the following
stage. The 92 peers are made up as follows:
to hear appeals from the lower courts. They are salaried and morning.
can continue to hear appeals until they are 70 years of age. In • 15 ‘office-holders’ i.e. Deputy Speakers or Chairmen,
15th century Lords Temporal become known as “peers”.
October 2009 the law lords will move to the new Supreme Court these were elected by the entire House; Television
(see page 6). The televising of Parliament was pioneered
• 75 Party and Crossbench members elected by their own
18th century
Acts of Union with Scotland (1707) and
by the House of Lords in 1985, followed
party group and representing roughly 10% of the total
Bishops hereditary peers.
Ireland (1800) entitle Scottish and Irish peers by the House of Commons in 1989. The
proceedings of both Houses can be seen
The Anglican Archbishops of Canterbury and York, the Bishops to elect representatives to sit in the Lords.
• two hereditary peers who hold Royal appointments - The
on the BBC’s parliamentary channel.
of Durham, London and Winchester and the 21 senior Diocesan
Lord Great Chamberlain, who is the Queen’s representative
bishops from other dioceses of the Church of England hold
in Parliament, and the Earl Marshal, who is responsible for 19th century Web
seats in the House. This is because the Church of England is the
ceremonies such as the State Opening of Parliament. Go to www.parliament.uk for general
‘established’ Church of the State. When they retire the bishops The Appellate Creates Lords of Appeal in Ordinary (Law
information on the role and function of
stop being members of the House.
Lords) to carry out the judicial work of the
Jurisdiction Act 1876 both Houses, or details of membership,
future business, legislation and Select
House as the final court of appeal.
Plan of Lords Chamber Committee activity.
For live webcast of House proceedings,
Content Lobby 20th century
Hansard reporters Government back benches go to www.parliamentlive.tv
Officials' box 1911 and 1949 Allow some bills to become Acts without
A website for young people can be found
Parliament Acts consent of the Lords and limit the power
the at www.explore.parliament.uk
to delay other bills to one year.
Seats for
members'
House of Lords
spouses General information and enquiries:
Creates peerages “for life” for men and
Life Peerages Act 1958
Tel: 020 7219 3107
Government front bench Bishops’ benches
women; women sit in the House for the first E-mail: hlinfo@parliament.uk
time.
Cloth of Estate Education enquiries
Applications for Gallery tickets for
Chairman of Committees

Woolsack
Steps of the Throne
Clerks at the Table

Chair at the Table

Allows hereditary peers to disclaim their
Peerage Act 1963 students and educational groups and
Crossbenchers

Wheelchairs

Throne

further information about the work of
House
of the
Table

Bar of the House Judges' woolsack
peerages, and allows hereditary peeresses and
Parliament can be obtained from:
Lord Chancellor all Scottish peers to sit in the House.
or Deputy Speaker Parliamentary Education Unit
Chairs of State
Room 604
Official Opposition front bench Liberal Democrats front bench
Removes the right of all except 92 hereditary
House of Lords Act 1999 Norman Shaw Building (North)
London SW1A 2TT
peers to sit and vote in the House.
Tel: 020 7219 2105
Fax: 020 7219 0818
E-mail: edunit@parliament.uk
Debate and consideration for further Lords’ reform continues. For the latest information
go to Frequently Asked Questions (FAQs) on the House of Lords home page
at www.parliament.uk.
Clerks' box
Black Rod's box
Official Opposition back benches
Not Content Lobby

Parliament Explained The House of Lords 10


House of Lords Explained

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