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T1 – Scrutiny of Legislation, Good
HOL can take stand against bills, offer amendments.
Can delay for up to a year, sig in times of emergency, bills passed based on fear rather than sense e.g. 2001 ‘Incitement to religious hatred’ bill stopped after 2 HOL defeats, prevents infringement on religious freedom. 2008 counter-terrorism bill (Brown 42days) blocked. Legislative revisions invaluable, strengthens gov effectiveness.
Ensures bills passed have intended effects, arguably in interest of public.
T1 – Scrutiny of Legislation, Bad
Lord makeup may lead to unrepresentative decisions.
86% white, 75% men, 70% privately educated, average age of 70. Unrepresentative of public (dem illegitimacy). E.g. Lord Carrington, hereditary peer 70 years but never votes.
HOL also manipulated by PM life peer appointments leads to accusations of corruption/cronyism. Farmer £6.4M to CON since 2010, peerage in 2014. Owen peerage at 28 from Johnson, cannot possibly have specialisation as most others appointed.
HOL compromised, blurred separation of powers ensures gov retains sig. influence over HOL defacto agenda, limits scrutiny.
T1 – Scrutiny of Legislation, Overall
HOC maintains supremacy, therefore scrutiny hindered far more than ability to carry it out.
T2 – Holding Government to Account, Good
Gov regularly defeated in lord, demonstrates role fulfilled.
HOL act 1999 only 92 hereditary peers, crossbencher majority (accountability based on merit rather than bias). 114 defeats Johnson first parl session, shows effectiveness. Bills passed can undergo sig changes as lords spend more time considering them e.g. Agriculture Bill 2020 considered for 64 hours more in Lords than commons.
Lords buffer HOC fptp elective dictatorship.
T2 – Holding Government to Account, Bad
Lords unelected therefore power hindered.
Parliament Acts 1911 & 1949 hinder capabilities, cannot block legislation (only delay), cannot block money bills, War Crimes Act 1991 blocked by HOL, passed after parliament acts invoked and led to conviction. Salisbury convention hinders further, cannot block manifesto policy.
Lords severely hindered from having long term impact.
T2 – Holding Government to Account, Overall
Lords superficial, if HOC wants a bill passed they will always win war of attrition.
CCLN
Lords have a role suited for short term best, but are still limited in that regard. Overall a weak upper chamber but could be argued to be good (unelected = shouldn’t be powerful) or bad (cannot effectively scrutinise elective dictatorship).