Legislative branch

TEXT 3 THE MOTHER OF PARLIAMENTS¹¹

  Parliament is one of the oldest and most honoured parts of the British government. Its name, from the French word parler ("to talk"), was given to meetings of the English king’s council in the mid-13th century. Its immediate predecessor was the king’s feudal council, the Curia Regis¹², and before that the Anglo-Saxon witan or witenagemot¹³. It was a device resorted to by the medieval kings to help them in running their governments and reflected the idea that the king should consult with his subjects. In the 13th century, several elements combined to influence the development of Parliament: the need, stated in the Magna Carta, for taxes to have the consent of the taxed; the custom of summoning to the royal council not just barons but elected representatives of towns and counties; the convenience of dealing with petitions at enlarged meetings of the king’s council; and the genius of men such as King Edward I who saw how Parliament could be used to their advantage.

At first, Parliament was not an institution but an event. During the quarrel between King Henry III and his barons, the Oxford Parliament (1258) forced Henry to accept rule by a baronial committee. The barons’ leader, Simon de Montfort¹⁴, summoned representatives of towns to Parliament for the first time in 1265. The so-called Model Parliament of Edward I (1295) contained all the elements of a mature Parliament: bishops and abbots, peers, two knights from each shire¹⁵, and two representatives from each town.

  In the 14th century, Parliament split into two houses, gained control over statutes and taxation, created impeachment (1376), and presided over the abdications of Edward II (1327) and Richard II (1399). Growth continued under the Lancastrian kings (1399-1461) but then fell off, only to begin again in Henry VIII’s Reformation Parliament (1529-36). Commons especially gained experience and confidence under Henry and his successors, but was generally subservient to the Crown.

Under the Stuart kings, cooperation changed to conflict, highlighted in 1649 by the overthrow and execution of Charles I and in 1688 and 1689 by the Glorious Revolution, which established parliamentary sovereignty. Beginning in the 18th century, the royal chief executive deferred to a prime Minister and cabinet responsible to the House of Commons.

  In the 19th century the House of Commons became democratic. The Great Reform Bill¹⁶ of 1832 gave the vote to the middle class for the first time. Acts in 1867 and 1884 enfranchised workingmen, and another in 1885 created equal electoral districts. The Parliament Act of 1911 weakened the House of Lords. Women aged 30 got the vote in 1918, those aged 21 in 1928. In 1969 the voting age for everyone was reduced to 18.

The union of England and Scotland in 1707 brought 16 Scottish peers and 45 representatives into Parliament. That with Ireland in 1800 brought in 32 more peers, 4 of whom were bishops from the church in Ireland, and 100 more representatives, although most withdrew when the Irish Free State was created in 1922. Britain’s legislature, sometimes called the Mother of Parliaments, has been the model for legislative assemblies in many other countries.

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TEXT 4 THE HOUSE OF COMMONS

The House of Commons consists of 659 Members of Parliament (MPs) who are democratically elected by voters (the “electorate”) to each represent an area of the UK known as a constituency or seat. The House of Commons meets at Westminster in a chamber specially designed for the purpose. The Chamber was deliberately built rather small – it holds only 427 MPs instead of 659 – but this creates a better atmosphere for discussions than would be possible in a larger chamber. It is, after all, only on rare occasions that all 659 are in the Chamber at once. There is no job description for an MP. There are many calls on the time of MPs and, as individuals, it is up to them to decide how best to carry out their role. When Parliament is in session most MPs will spend Monday to Thursday, and occasionally part of Friday, in Westminster and the remaining time in their constituency. A session of Parliament normally lasts about a year, from November to November, but it can be longer or shorter than this, for example before or after a general election. During the time when Parliament is not in session, recesses, MPs are able to spend more time in their constituencies.

THE FUNCTIONS OF THE HOUSE OF COMMONS

Making Laws (for further information see text 8)

Controlling Finance

Before the Government can raise taxes or spend money, it must have agreement from the House of Commons as the elected chamber of Parliament. Each year, the Chancellor of the Exchequer¹⁷ presents his budget statement¹⁸ to the Commons. In this he explains how the Government intends to raise the money it needs to finance public services during the following year. Some of this money will be borrowed by selling Government Bonds¹⁹ on the Stock Exchange, but the main way of raising money is by taxation. The Budget may, therefore, contain proposals to cut or increase taxes. Obviously it is the duty of the House of Commons, on behalf of the people to make sure that taxes are not raised without good reason. The Budget proposals therefore have to be examined and discussed very carefully. They are set out in the Finance Bill²⁰ which will go through all its stages like any other Bill. This usually takes about four months. At the end of this time, the Finance Bill becomes the Finance Act: a new law permitting the Government to raise money it needs.

The House of Commons also has to give its approval before money can be spent by the Government. Each year the Government presents its 'Estimates'¹⁸ to the House of Commons for approval. These set out the amounts of public finance required by each government department. The House has to agree to these Estimates before the Departments can be given any money. Three days are set aside under House of Commons rules for discussion of the Estimates.

The House of Commons also has a way of checking up on Government Departments afterwards, to see whether they did their housekeeping properly. This work is done by the Select Committee²¹ known as the Public Accounts²² Committee. This Committee can examine cases of overspending by a Department and can also check whether the Government spent its money wisely. In order to carry out this work properly the Committee can see any accounts or documents which it considers necessary. It can also hold meetings where witnesses are questioned. The Committee is helped in its work by over 500 auditors. Once a series of investigation is complete, the Committee presents a Report to the House of Commons, which may choose to debate anything it considers particularly serious. These Reports are available to the public and the press through the Stationery Office²³ and the Internet. Any really bad mistakes is, therefore, likely to be widely reported in the press.

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Examining the work of the Government

The examination of the work of the Government by Parliament is usually referred to as scrutiny. Within the House of Commons the process of scrutiny is carried out in several ways.

1. By Select Committees (Committees of Inquiry²⁴)

In 1979, twelve Select Committees were set up to examine the work of the Government Departments, e.g. the Education and Skills Select Committee looks at the work of the Department for Education and Skills. Like the Public Accounts Committee these Departmental Committees can ask to see written evidence and examine witnesses. Most Select Committees have about eleven back-bench Members. The parties are represented in proportion to the number of seats they have in the House of Commons. The Members are chosen by the House itself, after a recommendation from another select Committee called the Committee of Selection.

(b) By asking questions

All Ministers are responsible to Parliament for the work of their Departments. Each Department has at least one Minister in the House of Commons who can answer Members’ questions about the work of the Department. Most of the 40,000 or more questions asked each year receive written answers, but about 3,000 a year are answered during Question Time²⁵, which takes place between 2.35 pm and 3.30 pm on Mondays to Wednesdays and 11.35 am – 12.30 pm on Thursdays. Every Wednesday the Prime Minister answers questions for 30 minutes on his own particular work as head of the Government, usually on a very wide range of subjects.

(c) During Adjournment Debates

At the end of each day’s sitting the House adjourns (suspends its proceedings) until the next sitting. However late the House sits, and this can be into the early hours in the morning, there is an Adjournment Debate for the last half hour. This is the chance for an individual MP to raise a matter of special concern to his or her constituents and to get a detailed information from the Minister involved.

(d) On Opposition days

The Opposition can criticise Government policy on twenty Opposition Days. On seventeen of these the subject for discussion is chosen by the Leader of the Opposition. On the remaining three, the choice lies with the smaller Opposition parties.

Controlling indirect law-making (delegated legislation)

In recent decades, central Government has taken on more work than Governments ever did in the past. As a lot of this work requires new laws to be passed before it can be carried out, Parliament, and especially the House of Commons, has become very short of time. Sometimes, therefore, Parliament allows Ministers to make laws affecting their own area of responsibility. Parliament keeps overall control by passing a sort of 'parent' act²⁶ which lays down limits which must not be overstepped by the Minister. As Parliament has given them this power – delegated power – the process by which Ministers makes laws is known as delegated legislation. Most of these laws are laid before Parliament before taking effect, and quite a few are debated. They are also examined by yet another House of Commons investigation committee – the Select Committee on Statutory Instruments²⁷ (Statutory Instruments are the main type of delegated legislation) – which joins with a Lords Committee for most instruments. (2753)

Examining European proposals

When the UK joined the European Economic Community (Common Market) in 1973 it agreed to obey the laws of the Community. A Select Committee in the House of Commons (the Select Committee on European Legislation) examines all proposed European laws before they are actually passed. The likely effects of the laws upon Britain are considered. The Report of this Committee may influence some of the people concerned with making these laws and it is sometimes possible for proposals to be changed if it can be shown that they will cause problems.

Protecting the individual

In the past, the grievances of the public were of the brought to the attention of the House of Commons by means of petitions. Many petitions are still presented to Parliament. Some are presented by a Member making a speech. Others are read by a Clerk. Often they are presented by being placed in the Petition Bag which hangs on the back of the Speaker’s chair. A Member can place petitions in the bag at any time during a sitting.

Nowadays many people contact their local Member of Parliament if they have a grievance against central government. Some complaints received by Members are not, however, against central government at all. MPs have to redirect those who, for example, should really be complaining to the local council about the state of their roads or housing problems. Most people write to their MP at the House of Commons but others prefer to meet the Member in person. Many MPs hold local 'advice bureaux'²⁸ (sometimes known as 'surgeries') when they meet constituents who have problems which need solving. It is also possible for constituents to meet their MP at the House of Commons. Anyone can go to the Central Lobby and fill in a green card which will then be taken round the building by an official known as a Doorkeeper. Usually constituents meet their MP in the Central Lobby if they want to lobby him or her i.e. to win support for a particular cause which concerns them, rather than with their own problems. Upon being given a green card a Doorkeeper will carry out an extremely thorough search and normally an MP will be found if he or she is in the building. Unless the MP is very busy, perhaps serving on a Committee or attending to someone else, the MP will come along and talk to the constituent. Upon receiving a complaint against central government an MP will normally write to appropriate Minister. If the MP is not happy with the Minister’s response to the letter he or she may actually go to see the Minister. If the Member is still not satisfied then he or she can raise the matter at Question Time and, perhaps later in an Adjournment Debate. Often an Adjournment Debate is a Member’s last resort. There are, however, some cases which can be taken one stage further by being referred to the Ombudsman (Parliamentary Commissioner for Administration) ²⁹. This is when a person suspects that a decision taken by central government against them was not made in the proper way (maladministration³⁰). He or she can only make a complaint to the Ombudsman through an MP. If the decision, although unpopular, was made in the proper way, then there is nothing that the Ombudsman can do about it. If, however, it does turn out to be a case of maladministration, then the Ombudsman will investigate the case, issue a report and may suggest a suitable remedy. (2793)

TEXT 5 ELECTIONS

A general election is held when Parliament is dissolved by the Queen on the advice of the Prime Minister of the day. All seats in the House of Commons are then vacant and the leader of the party that wins the most seats in the Commons in the subsequent general election forms the government. In the United Kingdom there are no fixed-term Parliaments, that is the time between general elections, and there is no minimum length of a Parliament. Under the terms of the Septennial Act³¹ 1715 as amended by the Parliament Act 1911 the maximum life of a Parliament, that is the time between general elections, is five years. Since 1911 Parliaments have twice been exceptionally extended beyond 5 years, during the two World Wars. There were 8 years between elections at the time of the First World War and 10 years at the time of the Second World War. Within the legal period it is up to the Prime Minister to decide when to call a general election. Elections are usually held 17 days after the dissolution of the Parliament, excluding weekends and public holidays. Thursdays are popular days for election although there is no law that says this must be so. The last general election to be held on a day other than Thursday was on Tuesday 27 October 1931.

CANDIDATES

Most people who are British, Commonwealth or Irish Republic citizens may stand as a candidate at a parliamentary election providing they are aged 21 or over. However, a number of people are disqualified from sitting in the House of Commons. They are:

1. members of the House of Lords, including those bishops who are Lords Spiritual;

2. undischarged³² bankrupts;

3. offenders sentenced to more than one year in prison while detained serving their sentence or unlawfully at large³³;

4. persons convicted of illegal or corrupt practices at elections (disqualified for 7 years);

5. those holding offices listed by the House of Commons Disqualification Act 1975 (such holders need to be politically impartial whilst carrying out their jobs) including: senior civil servants, judges, ambassadors, members of the regular armed forces, members of the police force, paid members of the boards of nationalized industries, government-appointed directors of commercial companies and directors of the Bank of England.

6. ‘idiots’ and ‘lunatics’ (in their non-lucid periods) as legally qualified.

In the event of a disqualified candidate standing successfully in a general election the person is unable to take his or her seat in the House of Commons and the defeated opponent may apply to have the election declared null or void.

Any eligible person can become a candidate whether or not he or she belongs to a political party. Anyone wishing to stand for election must be nominated on an official nomination paper giving his or her full name and home address. The nomination paper must include the signatures of ten electors who will support him or her including a proposer and a seconder³⁴. All candidates must pay a £500 deposit which is lost if they do not secure 5% of the total number of votes cast in their constituency and is set at this level to discourage large numbers of frivolous candidates from standing. The nomination papers and deposit must be submitted to the Returning Officer³⁵ in each constituency during a specified period in the election campaign. To stand a realistic chance of being elected to the Commons a candidate needs to represent one of three main political parties in Great Britain (Conservative, Labour and Liberal Democrat) or a nationalist or unionist party in Scotland, Wales or Northern Ireland. Each party has its own method of selecting candidates. People can also stand as independent candidates. (3071)

VOTERS

All British, Irish and Commonwealth citizens are entitled to register to vote in elections to the House of Commons providing they are 18 or over and are not disqualified in any way. Irish and Commonwealth citizens must be resident in the UK. Those who cannot vote are:

1. members of the House of Lords;

2. offenders detained in mental hospitals;

3. prisoners who have been sentenced to more than 12 months imprisonment, during the period they are detained (or unlawfully at large);

4. people convicted within the previous five years of corrupt or illegal practices during elections;

5. citizens of European Union and other countries other than those of the Commonwealth and Republic of Ireland even if they are tax paying or long-term residents;

6. people who on Polling Day cannot make a reasoned judgement ( i.e. ‘idiots’ and ‘lunatics’, as legally defined).

This is very different from the situation in the early 19^th century when only around 3 adults in every 100 were eligible to vote. The franchise (the right to vote) has been gradually extended over the past two centuries. For example, Representation of the People Act 1918 allowed, for the first time, most women over 30 to vote and the Representation of the People Act 1969 lowered the voting age from 21 to 18. People can only vote if their names appear on the electoral register. Each autumn a form is sent to every household to be completed with details of all occupants who are eligible to vote as well as those who will be 18 during the next year but a person can add his name at any time during the year. Voting is not compulsory and can be done in person or, on application, by post or proxy. (1374)

CONSTITUENCY

The United Kingdom is divided up into areas known as constituencies or seat. A person living in a constituency can register to vote there when old enough. Each party contesting a constituency will select one prospective candidate to be the MP, however there may also be independent candidates. Electors have one vote that they cast for the person who they wish to represent them in Parliament. Through this they also vote for the party which they wish to be in Government.

There are currently 659 constituencies: 529 in England, 72 in Scotland, 40 in Wales and 18 in Northern Ireland. The average size of a constituency electorate is approximately 67,600. More rural constituencies are known as 'county constituencies' and more urban constituencies are known as 'borough constituencies'. Constituency boundaries are determined by a number of factors such as geographical features, local government boundaries, area and population. Under the Parliamentary Constituencies Act 1986 constituencies are kept under review by four permanent Boundary Commissions one each for England, Scotland, Wales and Northern Ireland. They make reports at regular intervals, recommending any changes due to population change or alterations in local government boundaries. In 2001 the constituency with the largest electorate was the Isle of Wight (104,702), which is an island not easily divided. The constituency with the smallest electorate was the Western Isles of Scotland (21,941), where geographical isolation is a major factor.

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ELECTION CAMPAIGN

Once the Prime Minister decides to call a general election – usually after discussions with his or her Cabinet colleagues – or circumstances dictate that an election is called - he or she will go to see the Monarch to request that Parliament is dissolved. If the Monarch agrees (there would have to be very strong constitutional reasons why she or he refuses) then a Royal Proclamation³⁶ is issued which officially allows the dissolution of the Parliament. Once Parliament has been formally dissolved, the Clerk of the Crown in Chancery issues Writs of Election³⁷ for each constituency and the election timetable commences. Although the Government continues in office there cease to be any MPs. All those MPs seeking re-election return to their constituencies as prospective candidates and they fight the election campaign on the same basis as all other candidates. A general election campaign usually lasts for about three weeks. In 2001 Parliament was dissolved on 14 May and the general election took place on June 7.

Before 1876 all election campaigns were organized on a local basis. Now they are national events using all aspects of the media to publicise party policies and personalities. All the main political parties produce a wide range of publicity materials, although publications increases dramatically during the election campaign. Manifestos will be published setting out a party’s policies on all major issues. There are limits to how much each party and individual candidates can spend on their election campaigns. These limits are broadly based on the number of candidates a party puts up and are overseen by the Electoral Commission, which issues guidance about the type of expenditure which counts towards the limits. The current limit would be £19.77 million for a political party that contested all the seats in the United Kingdom for election to the House of Commons.

Paying for political advertising on radio and television is not permitted but political advertising is allowed in the press and on billboards. Television and radio coverage of elections is required to be impartial. Party election broadcasts are permitted and their number depends broadly on the number of candidates the party has in the election. The broadcasting authorities may refuse to allow material that they consider offensive. Party leaders and senior figures will tour the country supporting local candidates and making speeches.

Locally candidates will hold meetings and will be out and about to meet as many constituents as possible in such places as shopping centers and by knocking on doors to canvas support. They may each post one communication relating to the election to each household in a constituency free of charge, providing it weighs no more than 57 grammes. This is usually the election address that contains a picture and information, together with a request to vote for the candidate.

Despite the millions of pounds spent on campaigning, evidence suggests that the majority of voters have decided how they are going to vote before the election campaign begins and few people are influenced by what they read or hear. (2629)

POLLING DAY

Each constituency is divided into a number of polling districts, each of which has a polling station. Most polling stations are usually in public places such as schools and town or village halls or council offices, but other buildings can be also used on request. On Election Day voting takes place between 07.00 and 22.00 in each constituency. Voters are sent a polling card in advance, but it is not compulsory to take this to the polling station. Only those voters whose names appear on the electoral register are eligible to vote.

Voting is by secret ballot, and the only people allowed in the polling station are the presiding officer³⁸ (who is in charge), the polling clerks³⁹, the duty police officers, the candidates, their election agents and polling agents and the voters. Just before the poll opens, the presiding officer shows the ballot boxes to those at the polling station to prove they are empty. The boxes are then locked and sealed. In the polling station voters are directed to the presiding officer or poll clerk, who asks the voter his or her name, checks that it is on the register, and places a mark against the register entry. This records that the voter has received a ballot paper but does not show which one. The ballot papers are printed in books with counterfoils; serial numbers are printed on the back of each paper and each counterfoil. The officer or clerk also writes the voter’s number on the counterfoil of the ballot paper and gives it an official mark before handing the paper to the voter. The official mark is intended to show that the papers placed in the ballot box are genuine.

The ballot paper lists the names of the candidates in alphabetical order. Candidates of registered political parties may include their party name and emblem but other candidates can only be described as independent. Voting takes place in a booth, which is screened to maintain secrecy. The voter marks the ballot paper with a cross in the box opposite the name of the candidate of his or her choice, and folds the paper to conceal the vote before placing it in the ballot box.

A paper that is spoiled by mistake must be returned to the presiding officer and if he is satisfied that the spoiling was accidental, another paper is provided and the first cancelled. At the end of the day the ballot boxes are then sealed and delivered to a central point, usually a main public building such as a town hall, where the count is to take place. Each ballot box is emptied, the papers mixed up and the votes counted by teams of helpers. It is done in the presence of the candidates. When all the votes have been counted the results are announced by the Returning Officer. Depending on the time it takes to bring all of the ballot boxes to the count – this will take longer in rural areas – and the result of the count, the final result may be announced before midnight. Most results will come in during the early hours of the morning, but some will not be known until well into the next day.

If the result is close then either candidate can demand a recount⁴⁰. The Returning Officer will advise the candidates of the figures and sanction a recount. Recounts can continue until both candidates and the Returning Officer are satisfied with the results. The largest number of recounts ever held is 7, recorded on several occasions.

When all the results are known the Queen will usually invite the leader of the party winning the most seats in the House of Commons to be the Prime Minister and to form a Government. The Prime Minister will appoint approximately 115 members of his party from both houses to become cabinet or more junior Ministers to form the Government. The second largest party becomes the Official Opposition with a small group of its MPs being chosen to form the Shadow Cabinet⁴¹. Its leader is known as the Leader of the Opposition. Smaller parties are collectively known as the Opposition, even though some may support the Government.

A few days after the general election the House of Commons will assemble in preparation for the new Parliament to begin. All MPs must be sworn in by taking an oath of allegiance or making an affirmation, and must sign the official register. The Speaker is customarily re-elected or, if the previous Speaker has stood down, a new Speaker must be elected. Soon afterwards the State Opening of Parliament⁴² will take place when the Monarch will officially open the new Parliament and the business of government can begin in earnest again. (3712)

TEXT 6 THE HOUSE OF LORDS

The House of Lords is the second chamber of the UK’s two chamber Parliament. There are approximately 700 Lords in the House of Lords. Unlike MPs, Lords are unpaid except for certain allowances to cover their attendance which is not compulsory. Exceptions include those who are paid salaries as Ministers, and the Law Lords. Currently there are four types of Lords:

Life Peers – who make up the majority of the membership (currently about 600). They are appointed by the Monarch on the advice of the Prime Minister, who will in turn take advice from others. Life peers are often appointed for services to the country and will have expertise in many different fields. They are appointed for the duration of their life-time and their titles cease on death.

Law Lords – up to 12 Lords of Appeal in Ordinary⁴³ are specially appointed to hear appeals from the lower courts. They are paid a salary and can continue to hear appeals until they are 70 years old although they can continue to sit in the House of Lords as life peers after this age.

Bishops – the Anglican Archbishops of Canterbury and York, the Bishops of Durham, London and Winchester and the 21 senior Diocesan bishops from other dioceses of the Church of England are entitled to sit in the House of Lords because the Church of England is the 'established' Church of the State. They cease to be members of the Lords when they retire.

Hereditary Peers - those peers who have inherited their titles from their family – most titles pass only to the male heir. Until the House of Lords Act 1999 all hereditary peers (about 700 members) had the right to sit and vote in the Lords. While the Bill was being considered, an amendment was passed (known as the Weatherill amendment after Lord Weatherill who proposed it) which enabled 92 of the existing hereditary peers to remain as members. This was agreed on the understanding that it was a temporary measure to be revoked on the implementation of reform's next stage. These consisted of 15 'office-holders' i.e. Deputy Speakers or Chairmen who were elected by the whole House; two hereditary peers who hold Royal appointments – the Lord Great Chamberlain⁴⁴, who is the Queen’s representative in Parliament and the Earl Marshal⁴⁵ who is responsible for ceremonies such as the State Opening of Parliament; and 75 members elected by their own party group or the cross-benchers⁴⁶ and representing roughly 10% of the total hereditary peers.

The House of Lords is organised on a party basis in much the same way as the House of Commons, but with important differences. Members of the House of Lords are less rigidly partisan than in the Commons, whose elected members are more sensitive to political and constituency interests. Many members of the House of Lords are not members of any political party. Those who do not support one of the three main parties are known as independents or crossbenchers. The crossbench group is a distinctive feature of the House of Lords.

The Lord Chancellor and the Leader of the House are usually cabinet Ministers, and they carry out Government duties in addition to their roles at the House of Commons. The Lord Chancellor is Speaker of the House ex officio⁴⁷. His role as Speaker is very different to that of the House of Commons Speaker. He does not call upon members to speak and has no powers to call the House to order. The Leader of the House has a responsibility to the House as a whole as well as being leader of the party in Government. It is to him, and not to the Lord Chancellor, that the members turn for advice and 'leadership' on points of order and procedure. Lords business is expected to be conducted in an orderly and polite fashion without the need for an active Speaker.

The House of Lords sits at 2.30 pm on Mondays, Tuesdays and Wednesday, at 3.00 pm on Thursdays, and sometimes on Fridays at 11.00 am until 10.00-11.00 pm. Attendance averages at about 350-450 a day. The Lords usually sit on about 160 days a year. (3274)

THE FUNCTIONS OF THE HOUSE OF LORDS

Making laws (for further information see text 8)

Scrutinising the Government

It is the duty of Parliament as a whole to keep an eye on the work of the Government by making Government Ministers answer for the work they do and the decisions they make. The House of Lords does this in several ways:

1. Starred questions (Question time)

At the beginning of each sitting day in the Lords, four oral questions (or “Starred Questions ‘ – so called because they have stars, or asterisks (*) next to them on the Order Paper⁴⁸) are asked. Question time in the Lords takes half an hour and includes opportunities for supplementary questions to be asked.

2. General debates

The general debate is a discussion , and there is not usually a vote at the end. Debates will usually tackle some matter of public interest or provide an opportunity for discussing a report which has just come out. The House of Commons has less time for general debates of this kind so the Lords provides a valuable opportunity to discuss important matters, drawing on its members' wide range of expertise. Most Wednesday afternoons are set aside either for one longer or two shorter debates lasting a maximum of five hours. Such debates have tackled topics.

3. Mini debates (Unstarred questions)

The Exchanges on a Starred Questions are usually brief. But an Unstarred Question leads to a short debate. Like Adjournment debates in the Commons, they can be about almost anything. The member who asks the Question makes a speech, then the other members contribute and finally the Minister explains the Government’s view s on the subject.

4. Written questions

Questions may also be put down for a written answer. Full replies are expected within a fortnight and printed in the back of the Lords Hansard⁴⁹. The volume of these has increased significantly in recent years.

5. Statements

Government statements on important or urgent issues are made by the Minister responsible for the subject in the House of Lords. Most statements are made in the Commons, and repeated in the Lords by a junior Minister. This is followed by a limited time for immediate questioning. Subjects can range from the announcement of a White Paper⁵⁰ to an emergency such as a major rail accidents or an international crisis.

Providing independent expertise

The Lords also has a number of Select Committees, like the House of Commons. Some of these deal with internal management and administration but most carry out important investigative work on matters of public interest. They deal with broader issues and draw on the wide-ranging experience of members. In this way, the House of Lords system of committees complements the scrutiny of the executive carried out by the Commons.

There are four main areas of work – Europe, Science, the Economy and the Constitution – but occasionally, for various reasons, a separate committee will be set up to deal with a particular issue.

The European Union Committee scrutinises and reports on proposed European legislation. Each of the main committee’s 20 members serves on one or more of six sub-committees through which investigations are conducted. In total 70 lords are actively engaged on the work of the EU committee (when members co-opted to individual sub-committees are taken into account).

The Science and Technology Committee was set up in 1979 'to consider science and technology' – a very wide brief. Over 20 members are involved; including eminent scientists with wide ranging experience of science, industry, medicine and research as well as high-level policy-making. Recent reports have covered areas such as resistance to antibiotics, medicinal uses of cannabis, human genetic database and the health hazards inherent in long-haul air travel. It normally operates through two sub-committees enabling it to carry out two enquiries at a time.

The Economic Affairs Committee looks at issues such as how globalisation should be defined, and whether this should be different from an open and integrated world economy. Members include a former Chief Secretary to the Treasury, professors of economics, former senior Treasury civil servants, a former newspaper economics editor as well as practising businessmen.

The Constitution Committee was set up in 2000 'to keep under review the operation of the Constitution'. Since the UK Constitution is uncodified and derived from interpretations of the statute books, this committee keeps a watchful eye on legislative changes that may affect the way it operates.

Sometimes ad hoc⁵¹ investigative committees are set up to look at particular issues which do not fit into the 4 main areas above.

Carrying out judicial work (for further information see text 7) (3927)

TEXT 7 THE JUDICIAL WORK OF THE HOUSE OF LORDS

The House of Lords is the highest court in the land – the Supreme Court of Appeal. It acts as the final court on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. Its decisions bind all courts below.

This is an unusual role for a legislative body that is part of Parliament. In most other democracies, the judiciary is separate from the legislature – usually in the form of a supreme court of appeal. The reasons for the UK set up are historical – the House of Lords has done this work for more than 600 years as part of the High Court of Parliament. The House of Commons has not been involved in judicial work since 1399; and today only highly qualified judges appointed to be professional law lords take part in the judicial function of the House.

The jurisdiction of the House is ancient but the conditions under which an appeal can be made from the courts to the House have become closely defined since 1876. The Appellate Jurisdiction Act 1876 was passed to regulate the basics of how the House hears appeals. In addition to the statutory provisions the House regulates its own work through its Standing Orders⁵²and practice directions.

For every civil appeal from England, Wales and Northern Ireland, leave to appeal (permission for a case to be heard by the House of Lords) must be granted by the court appealed from or, more usually, by the House itself. Most civil appeals from Scotland do not require leave. Criminal appeals from England, Wales and Northern Ireland not only require leave but also a certificate from the court appealed from setting out that a point of law of general public importance is involved and stating that point. The House does not hear criminal appeals from Scotland.

If the court below grants leave to appeal to the House the appeal may be presented direct. If the court below refuses leave, a party may seek leave to appeal from the House itself, by petition (all judicial business is conducted by petition to the House). Every admissible petition is referred to an Appeal Committee of three law lords. The Committee's decision to allow or refuse a petition is made depending on whether the case involves a 'point of law of general public importance' that ought to be considered by the House.

They may ask the other party (the respondents⁵³) for their observations, but do their work on the basis of written submissions, without a hearing. Only if the law lords cannot agree is there an oral hearing at which submissions are heard about whether or not to grant leave to appeal. The law lords deal with about 300 applications for leave to appeal each year; and allow about 70. (2199)

THE LAW LORDS

It used to be the case that all lords could take part in judicial work but, since the 1876 Act, the judicial work of the House has been done only by the Lord Chancellor and the Lords of Appeal.

There are twelve Lords of Appeal in Ordinary (or law lords). They are equivalent to Supreme Court judges in other countries. They are appointed by the Queen, on the advice of the Prime Minister, usually from the ranks of the senior appeal court judges in each part of the United Kingdom. They were, in fact, the first life peers to be created, 82 years before the Life Peerages Act 1958.

"In Ordinary" means that the lords work full time at the judicial business of the House and receive a salary. It is not paid by the House of Lords but direct from the 'Consolidated Fund'⁵⁴ (the revenues held in the Exchequer account at the Bank of England). That helps to ensure their independence.

Law lords are full members of the House and may speak and vote on all business. A law lord chairs the Committee on the law and institutions of the European Union. Serving law lords, however, do not engage in matters where there is strong element of party political controversy; and they bear in mind that they may render themselves ineligible to sit judicially if they express an opinion on a matter which might later be relevant to an appeal to the House. When a law lord retires, he remains a member of the House and is then much more free to participate in debates on legislation and public policy, several does regularly.

Beyond their judicial work law lords are often asked to chair major public inquiries. Law lords regularly give lectures and talks; and many are involved with law faculties of universities. They have a diplomatic function in acting as ambassadors for the British legal system and common law: travelling overseas and receiving distinguished foreign and Commonwealth judges.

Other lords may participate in judicial business if they meet the criteria set out by the Appellate Jurisdiction Act 1876. The main criterion is to have held high judicial office, subject to not being allowed to participate after reaching the age of 75. All such lords are described as Lords of Appeal. This means that the House caЬ@ЖВШШ@ЮЬ@дКиТдКИ@ШВо@ШЮдИж@ВЬИ@ЮиРКд@жКЬТЮд@ФкИОКж@оРЮ@РВааКЬ@иЮ@ДК@ЪКЪДКдж@ЮМ@иРК@ЮкжК\@¨РТж@кжкВШШт@ТЬЖШкИКж@иРК@˜ЮдИ@†РТКМ@”кжиТЖК^jjX@иРК@šВжиКд@ЮМ@иРК@¤ЮШШж^jl@ВЬИ@иРК@ дКжТИКЬи@ЮМ@иРК@†Юкди@¦КжжТЮЬ@ТЬ@¦ЖЮиШВЬИ\@’Ь@дКЖКЬи@тКВдж@Ти@РВж@ВШжЮ@ТЬЖШкИКИ@В@œКо@´КВШВЬИ@†Юкди@ЮМ@‚ааКВШ@ФкИОК\‚ШиРЮкОР@иРК@дТОРи@ЮМ@ШВт@аККдж@PТ\К\@ВШШ@ЮиРКд@ЪКЪДКдж@ЮМ@иРК@ЮкжКX@ТЬЖШкИТЬО@иРК@аЮШТиТЖТВЬжX@ЖдЮжжДКЬЖРКдж@ВЬИ@ДТжРЮажR@иЮ@аВдиТЖТаВиК@ТЬ@иРК@ФкИТЖТВШ@ДкжТЬКжж@ЮМ@иРК@ЮкжК@дКЪВТЬж@ТЬ@иРКЮдт@ВЬИ@РВж@ЬЮи@ДККЬ@ВДЮШТжСed by statute or Standing Order, it is longstanding practice of the House that only Lords of Appeal participate in judicial business. The last occasion, itself an isolated one, when a lay peer voted on an appeal was in 1883.

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