House of Lords
The House of Lords is the upper house of the UK Parliament. Most legislation must be approved by both the House of Commons and the House of Lords. However, the House of Lords is not an elected chamber and is constitutionally subordinate to the House of Commons.
The House of Lords has its origins in the king’s councils of the Middle Ages. Originally, these councils included clergy, barons, and commons, until reforms in 1999.
In the 16th century, members of the House of Lords were categorized as spiritual and hereditary peers. By 1999, it comprised hereditary, secular, and spiritual peers, with the majority being life peers. There were also 26 archbishops and bishops.
In 1999, most hereditary peers lost their right to sit in the House of Lords, leaving only 92 who remained for a transitional period.
Historically, the House of Lords has been predominantly conservative in its composition.
The Lord Speaker of the House of Lords is elected by the House and serves as its chair. The Lord Speaker also represents the House internationally and domestically, independently of the government.
Hereditary peers can be created by crown prerogative on the advice of the Prime Minister, with their succession determined by the Committee on Privileges. Before the 1999 reforms, there were approximately 800 hereditary peers out of a total of 1,200 members.
Life peers, introduced through the Life Peerages Acts of 1848 and 1958, often include former ministers. Individuals can also be made lords in the New Year and King’s Birthday Honours lists, which are drawn up by the Prime Minister.
Judicial peers, initially appointed under the Appellate Jurisdiction Act as life peers, constituted the Lords of Appeal in Ordinary, serving as the highest civil court in the United Kingdom. The Constitutional Reform Act established the Supreme Court, and the existing law lords became justices of the Supreme Court.
Twenty-six bishops and archbishops of the Church of England sit in the House of Lords as spiritual peers. By convention, they do not participate in purely political issues but contribute to discussions on social and moral matters.
Government representation in the House of Lords includes the Leader of the House of Lords, ministers, and undersecretaries of state.
Non-UK nationals, except citizens of the Commonwealth and the Republic of Ireland, are ineligible to become members of the House of Lords.
Bankrupt individuals cannot sit as peers, and members must be over 21 years old to serve in the House of Lords.
The Peerage Act of 1963 allows hereditary peers to disclaim their peerage for their lifetime.
As of 2015, there were approximately 787 peers in the House of Lords, with roughly equal numbers of Labour and Conservative peers, half that number of Liberal Democrat peers, and 175 crossbench peers.
Members of the House of Lords receive expenses, while principal officeholders and government ministers are paid.
By convention, the House of Lords does not have the power to initiate bills related to finance and cannot initiate or amend such bills.
The Government Chief Whip is responsible for arranging government business in the House of Lords.
Wednesdays in the House of Lords are generally reserved for debates on matters of general public interest, with one Wednesday per month dedicated to debates initiated by backbench peers chosen by ballot.
Questions may be directed to government ministers in the House, but advance notice must be given. Forced questions are related to government business and must be addressed within four days of their introduction.
Most government legislation is introduced in the House of Commons and, after passing through stages in the Commons, is sent to the House of Lords. The first reading in the House of Lords is a formality, followed by a second reading. Afterward, the bill is sent to a committee for examination before returning to the House for the third reading.
While committees play a less prominent role in the House of Lords compared to the House of Commons, they do scrutinize bills, including Law Commission bills and their compatibility with human rights.
Whips and party control exist in the House of Lords but to a lesser extent than in the House of Commons. Around 200 crossbenchers without political affiliation also serve.
Under the Parliament Act, the House of Lords can delay a bill for up to three sessions. The House of Lords often proposes amendments to bills, many of which are accepted.
In practice, the House of Lords has a significant impact on legislation. The House of Lords Delegated Powers and Regulatory Reform Committee focuses on delegated powers and inappropriate delegation of powers in legislation. Committee reports are debated in the House, and the government is expected to respond within two months.
The House of Lords pays particular attention to so-called Henry VIII clauses, which allow the amendment of primary legislation by ministerial order.
The Parliament Act of 1911 removed the House of Lords’ powers to reject money bills. The Parliament Acts can also be used to pass money bills without the Lords’ approval. Money bills relate to government expenditure and taxation and include bills like the Supply and Appropriation Bills. If such a bill passes the Commons but is not passed by the Lords within a month, it can receive Royal Assent without the Lords’ approval. Money bills cannot be amended by the House of Lords.
For public bills, if a bill is introduced and passed in the Commons in two successive parliamentary sessions and meets certain conditions, it can be sent for Royal Assent under the Parliament Acts.
Members have proposed replacing the House of Lords with elected members, with terms limited to 15 years and elections held concurrently with general elections using the single transferable vote system. However, this proposed bill was withdrawn and not passed.
The House of Lords Act of 2014 allows for the resignation and expulsion of members, especially in cases of serious offenses.
The House of Lords Act of 2015 grants the House the authority to expel or suspend a member.