Venice Commission - Report on Bicameralism

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United Kingdom

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

The United Kingdom is a bicameral country.

2.What is the population of the country? What is its size?

Population 67 million. Size 242,495 sq km

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

Parliamentary system. The second r chambers if the House of Lords. The first chamber is the House of Commons. The latter is the subject of direct elections and the primary legislative body. Although the House of Lords must pass draft legislation in order for it to become law by Convention its primary role is to scrutinise and improve by amendment with the final say being left to the House of Commons.

4.How many members are in the lower house?

650

5.How many members has the second chamber?

798 of which 755 eligible to attend and vote.

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

Members of the UK’s second chamber – the House of Lords - fall into a number of different categories. They may be appointed by the independent House of Lords Appointments Commission. They are in most cases nominated by consecutive Prime Ministers or they may be one of 26 Bishops authorised automatically to sit in the House of Lords. There is no direct election for any of these routes.

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

There is no upper age limit to sit in either the House of Lords or the House of Commons. To be a Member the House of Commons there is a minimum age of 18. To be a Member of the House of Lords there is a minimum age of 21.

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

There are no gender parity requirements for either chamber.

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

The term of office of the House of Lords does not coincide with that of the House of Commons. Members of the House of Lords are members for life save for Bishops who must retire as Bishops at 70 and therefore lose their entitlement to sit in the House.

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

The House of Lords typically represents the three main political parties as well as smaller parties but – by virtue of the life time appointment system - not in precise proportion to their representation in the House of Commons. For example at present the Conservatives have 261 Members of the House of Lords and the Labour Party 175 Members and the Liberal Democrats 83 (out of a total of 755) whereas in the House of Commons the Conservatives have 354 MPs, Labour 196 and the Liberal Democrats only 14 (out of a total of 650).

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

There are no significant differences in terms of legal status. All members are required to register interests and no proceedings in parliament may be questioned in Court proceedings.

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

Each chamber is responsible for the passing of Standing Orders which regulate their proceedings. There is no role for a constitutional judge in these processes.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

The powers and competences are not the same. Although both chambers are necessary parts of the legislative process it is the role of the House of Commons to initiate legislation and that of the House of Lords to scrutinise it and suggest changes or approve it.
i) Finance matters are the responsibility of the House of Commons and while legislation in this area must pass both Houses by virtue of the Parliament Acts 1911 and 1949 the House of Lords has no power to delay or amend such legislation;
ii) As indicated both chambers have a legislative function but it is the role of the House of Commons to propose legislation and the House of Lords to scrutinise it. If the House of Lords amends legislation it returns to the House of Commons for reconsideration but under the Parliament Acts the House of Lords may not delay legislation for more than a year.
iii) Each House is responsible for its own regulation and establishes its own Committees and mechanisms for oversight.
iv) Constitutional reforms and confidence motions must be initiated in the House of Commons. International treaties are the province of the Executive (the Government of the day commanding a majority of support in the House of Commons) not of Parliament.
v) The House of Lords does not have interim powers in the event of dissolution of the House of Commons. Dissolution takes effect in relation to the whole of Parliament when it occurs.

a) The House of Lords has no power of veto or amendment over any finance legislation. In relation to other legislation (save for legislation seeking to prolong a Parliamentary term) its power of amendment / delay is limited to one year.
b) There are no specific appointments that must be made solely by the second chamber.
c) The House of Commons can initiate any legislation. The House of Lords is limited to making amendments to legislation presented by the House of Commons,
d) In cases of disagreement is the view of the House of Commons which ultimately prevails under the Parliament Acts.
e) The House of Commons.
f) The Government is held accountable by both chambers through questioning of Government ministers .
g) No decisions are taken by a joint meeting of both the House of Commons and House of Lords
h) The House of Lords has no specific role in emergency situations.

14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?

There is no form of intergovernmental conference of regions in the United Kingdom. Both Wales (the Welsh Assembly) and Scotland (the Scottish Parliament) have separate parliaments and administrations responsible for limited devolved / local issues. These are unicameral.

15.Please provide any other relevant observation on the bicameral system of the country.

Generally members of the House of Lords spend a lot of their time considering draft government bills before they become law. However, any proposed amendments to legislation must also be agreed by the Commons. Its primary function is therefore as a ‘revising’ chamber, asking the Commons to reconsider its plans.
Through the work of parliamentary select committees, peers investigate public policy covering a wide range of public policy, from justice and home affairs, to the long-term sustainability of the NHS. Committees produce reports which can often directly or indirectly influence the formulation of government policy.
Holding the government to account is another function of the Lords. During question time and debates in the chamber members put questions to government ministers who must respond.
It is very rare for peers to try to overrule legislation passed by the House of Commons as a whole. Under the Salisbury Convention the House of Lords does not try to block bills that were promised in the governing party’s manifesto, and rarely blocks any bill in its entirety. In general, the unelected House of Lords defers to the Commons’ democratic mandate, but makes proposals for MPs to think again.