Structure of parliamentStructure of parliament

Origins of parliamentOrigins of parliament Kings always had to Kings always had to

consult with leading, consult with leading, powerful noblespowerful nobles

During the reign of William During the reign of William I this meeting was known I this meeting was known as the Great Council – the as the Great Council – the king would consult on king would consult on important issues with his important issues with his nobles and bishopsnobles and bishops

The word parliament The word parliament comes from ‘parler’, to comes from ‘parler’, to talk, i.e. a talking shop.talk, i.e. a talking shop.

The role of parliament at The role of parliament at this time was mainly to this time was mainly to supply money to the kingsupply money to the king

Growth of parliament’s Growth of parliament’s powerpower

In the seventeenth In the seventeenth century parliament century parliament established its supremacy established its supremacy over the king as a result over the king as a result of the English civil war of the English civil war 1642-49 and the Glorious 1642-49 and the Glorious Revolution 1688-9.Revolution 1688-9.

In the eighteenth century In the eighteenth century the kings became even the kings became even less powerful as the less powerful as the power of the Prime power of the Prime Minister e.g. Walpole Minister e.g. Walpole increased. (The P.M. and increased. (The P.M. and other ministers were part other ministers were part of parliament).of parliament).

In the nineteenth In the nineteenth century democracy century democracy (the vote being (the vote being exercised by large exercised by large numbers) and the numbers) and the resulting resulting development of mass development of mass political parties took political parties took the away the residual the away the residual power of the king and power of the king and created the modern created the modern parliamentary parliamentary democracy.democracy.

LegislaturesLegislatures

Legislation / Legislation / Representation / Representation / Oversight of Oversight of executive / executive / RecruitmentRecruitment

Reforming the Reforming the Legislature:Legislature:

The Commons and The Commons and the Lordsthe Lords

Bicameralism vs Bicameralism vs UnicameralismUnicameralism

Unicameralism – single legislative chamberUnicameralism – single legislative chamber Strength of legislature vis-à-vis executive depends on Strength of legislature vis-à-vis executive depends on

nature of party systemnature of party system

Bicameralism – two legislative chambersBicameralism – two legislative chambers Weak vs strong bicameralismWeak vs strong bicameralism

Strong: 2 chambers have equal power (symmetrical)Strong: 2 chambers have equal power (symmetrical) Weak: lower chamber dominant (asymmetrical)Weak: lower chamber dominant (asymmetrical) 2 chambers can be (s)elected on different basis2 chambers can be (s)elected on different basis

Strong bicameralism in federal statesStrong bicameralism in federal states Weak bicameralism or unicameralism in unitary statesWeak bicameralism or unicameralism in unitary states The stronger the bicameralism, the stronger the The stronger the bicameralism, the stronger the

legislature vis-à-vis executive in parliamentary systemslegislature vis-à-vis executive in parliamentary systems

House of Lords & House of Lords & Executive (1)Executive (1)

Lords once more powerful than CommonsLords once more powerful than Commons Representation of different social classesRepresentation of different social classes Composition: mainly hereditary peers (& Law Lords, bishops)Composition: mainly hereditary peers (& Law Lords, bishops)

Once had unlimited power to veto legislationOnce had unlimited power to veto legislation Parliament Act 1911Parliament Act 1911 – weakened Lords – weakened Lords

Bill could become law without Lords’ consent after 2 years, Bill could become law without Lords’ consent after 2 years, money bills after 1 month; aspired to remove hereditariesmoney bills after 1 month; aspired to remove hereditaries

Parliament Act 1949Parliament Act 1949 – 2 yrs delay cut to 1 year – 2 yrs delay cut to 1 year Attlee Govt worried Lords would block radical policiesAttlee Govt worried Lords would block radical policies Salisbury Convention emergedSalisbury Convention emerged

UK: weak bicameralismUK: weak bicameralism

Uses of the Parliament Uses of the Parliament ActsActs

1.1. Welsh Church Act 1914Welsh Church Act 1914 Disestablished Welsh part of Church of EnglandDisestablished Welsh part of Church of England

2.2. Home Rule Act 1914Home Rule Act 1914 Home Rule for Ireland (never implemented)Home Rule for Ireland (never implemented)

3.3. Parliament Act 1949Parliament Act 1949 Amended Parliament Act 1911Amended Parliament Act 1911

4.4. War Crimes Act 1991War Crimes Act 1991 Enabled UK to prosecute Nazi war criminals for activities Enabled UK to prosecute Nazi war criminals for activities

outside UKoutside UK Only time Parliament Acts used by a Conservative GovtOnly time Parliament Acts used by a Conservative Govt

5.5. European Parliamentary Elections Act 1999European Parliamentary Elections Act 1999 Changed voting system for Euro electionsChanged voting system for Euro elections

6.6. Sexual Offences (Amendment) Act 2000Sexual Offences (Amendment) Act 2000 Lowered age of consent for homosexuals from 18 to 16Lowered age of consent for homosexuals from 18 to 16

7.7. Hunting Act 2004Hunting Act 2004 Banned fox-hunting and hare coursingBanned fox-hunting and hare coursing

House of Lords & House of Lords & Executive (2)Executive (2)

1958 – Life Peerages Act1958 – Life Peerages Act Enable prominent experts/public figures to enter LordsEnable prominent experts/public figures to enter Lords Appointed by PMAppointed by PM Title dies with holderTitle dies with holder

1968 – Wilson: stop hereditary voting: 1968 – Wilson: stop hereditary voting: defeateddefeated

Powers and functionsPowers and functions LegislationLegislation DeliberationDeliberation Scrutiny – important committeesScrutiny – important committees Previously Supreme Court of Appeal (Law Lords)Previously Supreme Court of Appeal (Law Lords)

Constitutional Reform Act 2005 created new Supreme Court Constitutional Reform Act 2005 created new Supreme Court –opened in October 2009–opened in October 2009

New Labour – Reforming New Labour – Reforming the Lordsthe Lords

Hereditary peers – conservative block on Hereditary peers – conservative block on New Labour’s aspirationsNew Labour’s aspirations

Two-stage reforms – (1) remove hereditaries; Two-stage reforms – (1) remove hereditaries; (2) construct newly-composed chamber(2) construct newly-composed chamber

Tories opposed removing hereditariesTories opposed removing hereditaries ‘‘Cranbourne compromise’ – Cranbourne compromise’ – keep 92 hereditarieskeep 92 hereditaries

Interim House – politically rebalanced: no Interim House – politically rebalanced: no party had majorityparty had majority

Govt established Royal Commission to look Govt established Royal Commission to look into Stage 2 – composition, functions, powersinto Stage 2 – composition, functions, powers

Composition of House of Composition of House of Lords 2009Lords 2009

Life Life PeersPeers

HereditariHereditarieses

Lords Lords SpiritualSpiritual

TOTALTOTAL

LabourLabour 210210 44 -- 214214

ConservativeConservative 148148 4848 -- 196196

Liberal DemsLiberal Dems 6666 55 -- 7171

CrossbencheCrossbenchersrs

169169 3232 -- 201201

BishopsBishops -- -- 2626 2626

OthersOthers 1515 22 -- 1717

TOTALTOTAL 608608 9191 2626 725725

Stage 2 – Still Stage 2 – Still IncompleteIncomplete

Royal Commission (Wakeham) 2000Royal Commission (Wakeham) 2000 550 members: 67, 87 or 195 elected550 members: 67, 87 or 195 elected White Paper, consultation, joint-committeeWhite Paper, consultation, joint-committee 2003: Lords voted for 100% appointment; 2003: Lords voted for 100% appointment;

Commons rejected all proposals!Commons rejected all proposals! Dept of Const Affairs Sept 2003 – all-appointedDept of Const Affairs Sept 2003 – all-appointed

White Paper 2007White Paper 2007 Remove hereditariesRemove hereditaries Part-appointed, part-elected: 15-year terms, Part-appointed, part-elected: 15-year terms,

1/3 elected every five years by regional list PR1/3 elected every five years by regional list PR March 2007: Commons voted for 100% March 2007: Commons voted for 100%

elected; Lords voted for 100% appointed!elected; Lords voted for 100% appointed!

Future of the Lords (1)Future of the Lords (1)

Debate: composition > powersDebate: composition > powers Power underlies debate: election Power underlies debate: election

greater legitimacygreater legitimacy Interim Lords flexing musclesInterim Lords flexing muscles Salisbury Convention obsolete?Salisbury Convention obsolete?

PM – too much patronage power?PM – too much patronage power? Is an elected chamber a good thing?Is an elected chamber a good thing?

Replicate party system in LordsReplicate party system in Lords Unsuitable for scrutiny role?Unsuitable for scrutiny role?

Future of the Lords (2)Future of the Lords (2)

What is the purpose of a second What is the purpose of a second chamber in a non-federal state?chamber in a non-federal state?

Function > election?Function > election?

Democracy less important because Democracy less important because Lords doesn’t choose, maintain or Lords doesn’t choose, maintain or remove Govt & not involved in finance?remove Govt & not involved in finance?

Dual democratic legitimacies?Dual democratic legitimacies? Deadlock vs rubberstamp?Deadlock vs rubberstamp? Does present Lords show election unnecessary Does present Lords show election unnecessary

for upper chamber to check Govt for upper chamber to check Govt andand have have legitimacy?legitimacy?

What are the main What are the main arguments for and against arguments for and against

Lords Reform?Lords Reform?

Parliamentary ScrutinyParliamentary Scrutiny

Broader question: how effective are Broader question: how effective are parliamentary checks on the executive?parliamentary checks on the executive?

Debates on Lords reform: praise for Lords’ Debates on Lords reform: praise for Lords’ scrutinising rolescrutinising role

Strengthen Commons select Strengthen Commons select committees?committees?

But major barrier to parliamentary But major barrier to parliamentary scrutiny = whipping system and party scrutiny = whipping system and party loyaltyloyalty

Some evidence of greater willingness of Some evidence of greater willingness of backbench MPs to rebel against Govtbackbench MPs to rebel against Govt

Electoral Reform for Electoral Reform for CommonsCommons

Parliament weak because 2-party Parliament weak because 2-party systemsystem … … which derives from FPTP electoral which derives from FPTP electoral

systemsystem PR PR Coalition Govts Coalition Govts

Scotland/WalesScotland/Wales Executive more answerable to legislatureExecutive more answerable to legislature

Problem for reformers: Labour & Tories Problem for reformers: Labour & Tories not (usually) interested in PR – prefer not (usually) interested in PR – prefer single-party majority Govtssingle-party majority Govts

Seat-Vote Differentials in UK Seat-Vote Differentials in UK General Elections, 1964-2005General Elections, 1964-2005

-25

-20

-15

-10

-5

0

5

10

15

20

25

1964 1966 1970 1974F

1974O

1979 1983 1987 1992 1997 2001 2005

%CON LAB LIB

Note: Vertical axis measures (% seats won) minus (% votes won). Figures above zero indicate ‘unearned’ seats in parliament; figures below zero indicate ‘deprivation’ of seats; zero indicates perfect proportionality.

Jenkins Report 1998Jenkins Report 1998 Labour manifesto 1997 – electoral reformLabour manifesto 1997 – electoral reform Terms of Reference of Jenkins CommitteeTerms of Reference of Jenkins Committee

1.1. Keep constituency linkKeep constituency link2.2. Strong GovtStrong Govt3.3. Broad proportionalityBroad proportionality4.4. Extend voter choiceExtend voter choice

Recommended AV+Recommended AV+ Voters have 2 votesVoters have 2 votes AV in constituencies – MPs win 50% + 1 votesAV in constituencies – MPs win 50% + 1 votes Top-up MPs elected on regional lists (list PR element)Top-up MPs elected on regional lists (list PR element) Top-up MPs = 15-20% (bit more proportional than Top-up MPs = 15-20% (bit more proportional than

FPTP)FPTP)

Illegitimate? – Lab-Lib Dem stitch-up?Illegitimate? – Lab-Lib Dem stitch-up? Never implementedNever implemented

ConclusionConclusion

Major check on executive would be Major check on executive would be electoral reform – referendum electoral reform – referendum promised in Labour’s next manifestopromised in Labour’s next manifesto

Lords reform is secondary by Lords reform is secondary by comparison…comparison…

… … but still importantbut still important UK’s bicameralism strong in 1900, weak in UK’s bicameralism strong in 1900, weak in

1980s, but somewhat stronger in 2009 – 1980s, but somewhat stronger in 2009 – Lords enjoys greater Lords enjoys greater legitimacylegitimacy today today