9.2.3 Debates about the relative power of the two Houses.

Overview

The UK Parliament is bicameral, consisting of the elected House of Commons and the appointed House of Lords. Debates about their relative power centre on issues of democratic legitimacy, legislative efficiency, and the balance of scrutiny versus decision-making authority. Recent examples illustrate ongoing tensions and adjustments in the balance of power between the two houses.

1. Democratic Legitimacy

1.1. House of Commons:

• The Commons derives its legitimacy from direct elections. MPs represent the will of the electorate, and the government must maintain the confidence of the Commons to stay in power.

• Recent Example: The 2019 General Election gave the Conservative Party a substantial mandate to implement Brexit, reflecting the Commons' role as the primary democratic institution. Whilst the 2024 General Election provided the Labour Party with a significant mandate to implement its manifesto promises of affordable housing, tackling the cost of living crisis etc. 1.2. House of Lords:

• The Lords, being unelected, faces criticism regarding its lack of democratic legitimacy. However, it is valued for its expertise and independent judgment.

• Recent Example: The Lords' scrutiny of the Internal Market Bill (2020) highlighted the tension between democratic mandate and the need for detailed legislative oversight, as the Lords delayed the bill due to concerns over its constitutional implications.

2. Legislative Efficiency

2.1. Commons Primacy:

• The House of Commons holds primary legislative authority. Most bills are introduced and passed by the Commons before being sent to the Lords.

• Recent Example: The swift passage of the EU Withdrawal Agreement Bill (2019) through the Commons underscored its dominant legislative role, driven by the electoral mandate and political urgency. 2.2. Lords' Scrutiny:

• The Lords' role is to revise and scrutinise legislation, often making detailed amendments. This process can slow down legislation but ensures thorough examination.

• Recent Example: The Environment Bill (2021) underwent extensive revision in the Lords, resulting in significant amendments related to environmental protections, demonstrating the Lords' commitment to improving legislation.

3. Balance of Power

3.1. Parliament Acts:

• The Parliament Acts of 1911 and 1949 limit the Lords' power to block legislation, allowing the Commons to override the Lords' veto after a one-year delay for most bills and one month for Money Bills.

• Recent Example: The Hunting Act 2004, banning hunting with dogs, was eventually passed using the Parliament Act after the Lords repeatedly rejected it, illustrating the ultimate supremacy of the Commons. 3.2. 'Ping-Pong' Process:

• The 'ping-pong' process, where a bill moves back and forth between the two houses, exemplifies the balance of power. The Commons can insist on its amendments, but the Lords can persist in proposing changes.

• Recent Example: The Trade Bill (2021) saw significant 'ping-pong,' with the Lords insisting on amendments related to parliamentary scrutiny of trade agreements. While many Lords' amendments were eventually accepted, the Commons retained the final say.

4. Expertise vs. Representation

4.1. Lords' Expertise:

• The House of Lords is valued for its expertise, with members often being appointed for their knowledge and experience in various fields. This allows for informed debate and nuanced amendments.

• Recent Example: During debates on the Health and Care Bill (2021), the expertise of medical professionals in the Lords significantly influenced the content and focus of the legislation, enhancing its quality. 4.2. Commons' Representation:

• MPs in the Commons represent their constituencies and are directly accountable to voters, providing a direct link between the electorate and the legislative process.

• Recent Example: MPs' advocacy for their constituents' interests during the COVID-19 pandemic, particularly regarding local lockdowns and economic support measures, highlighted the Commons' representative function.

5. Reform Debates

5.1. Lords Reform:

• Proposals for reforming the House of Lords often focus on enhancing its legitimacy through changes such as introducing elected members or reducing its size.

• Recent Example: The House of Lords (Elections and Reform) Bill 2020, although not passed, sparked debate about potential reforms to increase democratic accountability while preserving the expertise of the Lords. 5.2. Maintaining Commons Supremacy:

• Ensuring the Commons retains its supremacy is crucial for maintaining democratic accountability. However, balancing this with effective scrutiny by the Lords remains a key challenge.

• Recent Example: Discussions around the Fixed-term Parliaments Act 2011, and its potential repeal or modification, highlight ongoing debates about the balance of power and the need for clear democratic processes.

Conclusion

The relative power of the House of Commons and House of Lords is a dynamic and evolving aspect of the UK parliamentary system. While the Commons holds primary legislative authority due to its democratic legitimacy, the Lords plays a crucial role in revising and scrutinising legislation. Recent examples illustrate how this balance is maintained and contested, reflecting the ongoing importance of both houses in ensuring effective governance and democratic accountability.