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We’re often told that the UK is the trailblazer of parliamentary democracy – a model which has been emulated the world over, and which provides for stable government. Whether or not that is the case, there is one quirk of the UK model which hasn’t proved to be quite such a popular export, and that is the role of an appointed House of Lords within our bi-cameral system.
While our model of a largely appointed second chamber might be highly unusual (and almost unique when you factor in the remaining hereditary element of the House of Lords), it is an important part of our parliamentary system, and one that anyone seeking to influence the policy process would be foolish to overlook.
In this post, I look at the role that the House of Lords plays in the policy process and offer some tips on how to make best use of the second chamber as part of your influencing strategy.
The shape of the House of Lords
The House of Lords is one of the largest upper houses of parliament anywhere in the world and is famously second only in size to the Chinese National People’s Congress.
In 2015, there were more than 800 active members of the House of Lords (yet only enough seats for 400!). While historically most Peers were hereditary, today the vast majority are life peers, appointed to the House by successive Prime Ministers and other party leaders. Other peers are a mix of bishops and hereditary peers (whose number has been dramatically reduced in recent rounds of reform).
On the Government benches, there are House of Lords ministers representing Departments of State, and many members take a party whip. However, unlike its democratic counterpart, the House of Lords has many crossbench peers – members of the House of Lords who are not politically aligned. Cross bench peers tend to be subject-matter experts, appointed to the House of Lords because of their special interests or contribution to national life.
Controversies
In any discussion about the House of Lords, it is impossible to ignore the highly controversial nature of the existence of a largely appointed second chamber in a modern democracy. Quite apart from the big question-mark over the lack of direct (or even indirect) election to the second chamber, the UK system is also unique in having representatives of the established church playing a role in the legislative process. Add to that the continued presence of an (albeit much reduced) hereditary element, and the role that the Prime Minister (and other party leaders) play in appointing members of the House of Lords (leading to accusations of cronyism), and it’s easy to see why many people might consider the House of Lords to have had its day.
Reform of the House of Lords
The House of Lords has been under almost constant reform. Aside from the big constitutional changes brought about by the Parliament Acts, there have been a constant stream of smaller, but equally significant, reforms over the years.
Its shape has been significantly amended in the last 100 years. The Life Peerages Act of 1958 precipitated the transition from a largely hereditary chamber to an appointed one, and the 1999 House of Lords Act removed all but 92 of the remaining hereditary peers.
Most recently, under the Conservative-Liberal Democrat Coalition Government of 2010, proposals were drawn up which would have capped the size of the House of Lords and introduce direct elections for 80 per cent of the members of the Lords. Those proposals were swiftly dropped by the Coalition Government in the face of opposition from the Conservative Party. But the question of Lords reform remains high on the constitutional reform to-do list.
However, the purpose of this post is not to rehearse the arguments for and against reform of the House of Lords, but to focus on the role that it plays in the policy process, and therefore its importance for anyone seeking to influence the development of government policy.
The role that the House of Lords plays
Until the passing of the 1911 Parliament Act, the House of Lords held enormous power, and was able to veto any legislation that had been passed by the democratically elected House of Commons. The 1911 Act was one of the most important changes to the (notoriously unwritten) British Constitution and marked the transition of the House of Lords from equal partner in the parliamentary system to a chamber of review and reflection. Today, the House of Lords can only, at best, delay legislation sent to it from the House of Commons, and even then in relatively limited circumstances and only for up to a year. Its powers have been significantly curtailed over the last century.
Today, it is a chamber that seeks to hold government to account, and which seeks to influence government policy. It can no longer simply block legislation but can give the government of the day pause for thought if there is significant opposition from Peers. Perhaps the best example of that was the Labour administration withdrawing its plans to introduce mandatory identification cards in the face of opposition from the House of Lords in 2006.
The Salisbury Convention means that traditionally the House of Lords does not seek to block or delay legislation that was included in the manifesto of the government of the day, given that such legislation has a direct mandate from the electorate. By convention, the Lords are also not able to block or delay any bill relating to finance or taxation.
The soft power of the House of Lords
So rather than relying on the hard power of parliamentary process, the House of Lords often seeks to use soft power. Through close inspection, review, and challenge, it seeks to help shape and influence the development of policy, and the decisions that the government takes.
In many ways, members of the House of Lords play quite a similar role to those of us outside of the parliamentary system who are looking for ways to influence the policy process.
Working with members of the House of Lords
Working with members of the House of Lords is quite different to working with members of the House of Commons. Here are a few tips and tricks to help you make best use of the House of Lords as a route to influencing government policy.
Tip #1: They don’t have to worry about troublesome elections!
Compared to elected parliamentarians, members of the Lords don’t have to think about how electorally popular they might be. This means that they can be more likely to speak up and be vocal on matters of principle which are important to them compared to their elected counterparts. It’s a curious advantage of not being democratically elected.
Tip #2: There is more time for debate
Debates in the Lords tend to be longer and deeper than those in the Commons. This means that it is easier to communicate nuance and subtlety than it is in the Commons, which can be particularly helpful when the issue that you are trying to influence or communicate is complicated. There are some parallels with Commons debates in Westminster Hall in that regard.
Tip #3: It’s easier for the Lords to challenge the government
Partly because the House of Lords effectively has ‘no overall control’ as the government benches do not command a majority, it is quite common for the House of Lords to table (and support) amendments to Government legislation that would be unthinkable in the Commons. Although such amendments often go on to be overturned by the Commons, it can be a really powerful way of raising the profile of a particular issue. Sometimes, the government will listen to the voices of Peers, and accept such amendments too.
Tip #4: They don’t have staff
One important difference between members of the House of Commons compared to members of the House of Lords is that Peer frequently won’t have the staffing capacity that their elected counterparts have (both in their constituencies and in their Common’s offices). This is important to bear in mind when you’re working with Peers. It means that you’re much more likely to be dealing directly with the Peer themselves, rather than any staff. It also means that building a positive and constructive working relationship is even more important, and you will need to think carefully about what they might need in terms of support or briefings.
Tip #5: They are often subject matter experts
Appointees to the House of Lords are frequently experts in their particular field, so finding the Peers with relevant interests and knowledge should be a key part of your influencing strategy. Encouraging such experts to get involved in relevant All-Party Parliamentary Groups, for example, can be really effective.
What is your experience of working with members of the House of Lords? Have they been a valuable route to influence government policy? Share your thoughts in the comments below.
If you or your organisation are looking to do more policy influencing work, and would like some help or advice, I’d be happy to have a chat. Just drop me a line via the ‘Contact’ link above, or email me at hello@thepolicycoach.co.uk
























