Pressures on open procedures in the House of Lords

It may happen that the time pressures on the reformed second chamber may in due course reach the point where the current approach of self-regulation, guided by advice from the Leader of the House, will no longer be sufficient to ensure the smooth and fair conduct of business.

The growing workload of the House of Lords has led to progressive restrictions on its members. These have usually been in the form of ‘guidance’ rather than a formal reduction in rights. The number of Questions for Written Answer that a peer can table is now limited to six per day, while the number of Starred (Oral) Questions which each peer is entitled to ask has been reduced from two per day: each peer is now permitted only one on the Order Paper at any one time. A limit of 30 minutes is also observed at Question Time. Numerous other examples exist, covering all aspects of members’ involvement in the business of the House. Even where formal restrictions have not been imposed, the guidance has become firmer in tone and the scope and detail significantly expanded. The Companion to the Standing Orders, for example, has grown from 30 pages in 1955 to 247 pages today, while the Leader of the House has had to intervene more frequently to arbitrate between those competing for the floor. In short, there appear to be significant pressures on the existing system of conventions and procedures governing members’ behaviour. While recognising these pressures, the value of the current system of open procedures is such that any restrictions which become necessary should be designed to preserve the essential character of what exists at present.

The self-regulatory nature of the House of Lords is a distinctive feature, shared with several other second chambers overseas. It is entirely in keeping with the maturity which members of a second chamber should be expected to show. It is also consistent with the relative lack of political passion, which we hope the reformed second chamber will display. Accordingly, we would regard it as a retrograde step if any pressures on the second chamber were to lead to a breakdown in its ability to be self-regulating and so require the introduction of a Speaker with powers of order. Indeed, it may be the absence of such a Speaker that encourages the Lords to conduct their business with courtesy. If members could rely on the Speaker to enforce order, they might feel less responsible themselves to behave in an orderly fashion and be more likely to push at the limits of behaviour in order to secure party political advantage. The proceedings of the second chamber would consequently become more like those in the House of Commons, which would be in complete contrast to the nature of the second chamber.

TASK VI Insert prepositions where necessary:

1. The House of Commons consists … all sections … the community.

2. A member … the House of Commons can resign … the indirect method … applying … an office … profit … the Crown.

3. The Speaker's functions fall … two main categories.

4. He presides … the debates … the House and enforces the observance … all rules … preserving order … its proceedings.

5. The Commons elects its own Speaker to put … the name … a member acceptable … all sections … the House.

6. The Speaker is re-elected … subsequent Parliaments and thus remains … office until he chooses to retire.

7. Legislation is initiated … the introduction … bills … either House.

TASK VII Explain the meaning of the following –ing phrases and translate them:

1. Bills dealing exclusively with expenditure and taxation;

2. the delaying powers of the Lords;

3. This is a measure pending the current review;

4. an opinion in favour of abolishing the House of Lords;

5. It will act as a check by suggesting revisions to legislation;

6. It can work providing a brake on the Commons;

7. A member can do so by the indirect method of applying for an office;

8. The usual practice being for the government;

9. He remains aloof from party issues-standing as "the Speaker seeking re-election".

TASK VIII. Write down the missing words in each group:

1.authority 2.grown-up 3.stand for 4.a body that makes law 5.begin, introduce 6.written request 7.an individual 8.perform and function 9.people in one state 10.Lasting for a short time

r

t

t

l

e

e

p

n

r

x

n

p

Read the first word down.

TEXT 8 THE MEETING OF PARLIAMENT

Strictly speaking, Parliament is a meeting, summoned under the Royal Prerogative by the monarch, of the two separate Houses, the House of Lords and the House of Commons. The summoning of Parliament was a key issue in the power struggle of the seventeenth century. The Stuart kings sometimes attempted to rule without Parliament, but were driven to summon Parliament in order to obtain the legal power to raise taxes. By the sixteenth century it was established that taxation could normally be raised only with the consent of Parliament and, indeed, that changes in the law required Parliament's consent. The Stuart monarchs attempted to undermine this principle with varying degrees of success, but the foundations of the modern law were established by the 1688 Revolution.

The main principles are as follows. They are a mixture of law and convention.

1. “Parliament ought to be held frequently” (Bill of Rights 1688, Art. 13) and must meet at least once every three years (Meeting of Parliament Act 1694). Parliament meets annually (convention backed by administrative necessity, for example, passing of tax and expenditure laws).

2. Parliament must automatically end at the expiry of five years from the date of its writ of summons (Septennial Act 1715; Parliament Act 1911).

3. Parliament may within the fiveyears be dissolved by the monarch (law) on the advice of the prime minister (convention). This precipitates a general election. A prime minister whose government is defeated on a vote of no confidence in the House of Commons must ask for a dissolution. Apart from that, dissolution is, by convention, a matter for the prime minister. A Parliament will usually last for about four years, dissolution being timed for the political advantage of the prime minister. This is one of the main sources of prime ministerial power. However, it is possible that in certain extreme cases the monarch can exercise personal choice whether or not to dissolve Parliament. The same proclamation dissolves Parliament and summons a new one.

It is sometimes suggested that Parliament should sit for a fixedterm, thus removing the prime minister's power to call an election to suit his own party. This could, however, paralyse a weak government.

A “Parliament” must be distinguished from a “session”, which is a working period within a Parliament, usually about one year in length (about 170 sitting days). All public bills that are not completed by the end of a session lapse. Sessions are “prorogued” by the monarch under the Royal Prerogative. Each session is opened, usually in November, by the monarch, with an address from the Throne. Within a session each House can be adjourned at any time by resolution of the House. Adjournments cover the long holidays and shorter breaks. There is machinery for recalling each House while it stands prorogued (for example, Meeting of Parliament Act 1870; Emergency Powers Act 1920). An adjournedParliament can be summoned quickly by the Speaker and the Lord Chancellor (who presides over the House of Lords) at the request of the Prime Minister.

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