The House of Lords is the upper chamber of the British Parliament. It was the first House to be established, before the House of Commons. It is made up of appointed members, rather than those elected by the people. So, what are the powers of the House of Lords, and what can’t they do?
Powers of the House of Lords: Legislating
The House of Lords is a chamber of the Houses of Parliament (legislature), meaning they still have the power to legislate and make laws. Whilst they can introduce legislation, much of their role revolves around making amendments and secondary legislation (which are small adjustments to the law). This is because the Lords is made up of industry experts who have experience in a wide range of sectors, such as business or health. This gives their decisions more authority and sway.
However, there are some areas of policy that the Lords cannot legislate on. Under the Salisbury Convention, the House of Lords is unable to challenge bills that were included in an elected party’s manifesto. So if the government was elected on a promise to build a new train line, the Lords cannot legislate against this. This is because no party holds a majority of seats in the House of Lords, so if the Lords voted on party lines, it is unlikely that manifesto pledges would pass through.
In addition, under the 1911 Parliament Act, if a bill is denoted a ‘money bill’ by the Speaker of the House of Commons, it can receive Royal Assent after being in the Lords for just one month, no matter if the Lords approves it or not. A 1678 resolution also asserts “the Commons’ sole right in respect of all legislation with financial implications”.
Powers of the House of Lords: Debating
Another of the important powers of the House of Lords is debating. As a chamber of Parliament, the Lords is one of the homes of debate in the UK. It is responsible for ensuring that bills are scrutinised and all aspects are discussed. They can also use their expertise to introduce bills that may be appropriate from their previous or current work outside of parliament.
Lords can also become members of committees, specifically Public Bill Committees, that closely scrutinise bills being passed through Parliament. These committees are often home to much debate and discussion, and so this is a very important part of the work of the Lords.
Powers of the House of Lords: Delaying Legislation
An important point to note when discussing the powers of the House of Lords is that they are not able to veto or reject legislation. The Lords is able to delay legislation by up to one year, in accordance with the Parliament Acts of 1911 and 1949. This means that if a bill remains in the Lords for up to a year, it will pass without approval.
In addition, this can mean that time-sensitive legislation may need to be quickly rectified by the House of Commons in order to receive Lords’ approval. During the coronavirus pandemic, the Commons made sure to make legislation relating to lockdowns “Lords friendly”, so that it would be passed quickly in order to roll out restrictions.
Conclusion
This article has outlined many of the different powers of the House of Lords, but it is also up for debate about which of the two Houses is more powerful: the Lords or the Commons. Whilst the Commons can reject legislation and introduce bills related to finance and the public purse, the powers of the House of Lords include the fact that it can use its members’ years of experience in many fields to bring alternative viewpoints to legislation.
When considering the powers of the House of Lords in essays, look to make comparisons between it and the House of Commons, where the powers overlap and where one of the Houses can be said to posses more than the other. You can access more information about the House of Lords, including course notes and diagrams, as part of our UK Government course.
