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Irish House Of Lords

Irish House of Lords

The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediæval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union. The House of Lords was presided over by the Lord Chancellor, who sat on the woolsack, a large seat stuffed with wool from each of the three lands of England, Ireland and Scotland. At the state opening of the Irish parliament Members of Parliament were summoned to the House of Lords from the House of Commons chamber by Black Rod, a royal official who would "command the members on behalf of His Excellency to attend him in the chamber of peers" Sessions were formally opened by the Speech from the Throne by the Lord Lieutenant, who sat on the throne beneath a canopy of crimson velvet. Following the Act of Union, the peerage of Ireland elected 28 of their number to sit in the United Kingdom House of Lords. This practice ended in 1922 with the establishment of the Irish Free State. Other Irish peers were able to stand for election to the UK House of Commons. Today the 18th century Irish Parliament building on College Green in Dublin is an office of the commercial Bank of Ireland and visitors can view the Irish House of Lords chamber within the building. See also: List of Irish Representative Peers Category:History of Ireland Category:Historical upper houses

Upper house

An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.

Common characteristics

An upper house is usually distinct from the lower house in at least one of a number of ways. Upper houses are frequently:
- Given less power than the lower house, with special reservations.
- Composed of members selected in a manner other than by popular election, such as peers or nobles.
- Used to represent the states of a federation.
- Smaller than the lower house.
- Elected for longer terms than those of the lower house (If elected; if composed of peers or nobles, they generally sit for the duration of their life or sanity, whichever is shorter).
- Elected in portions for staggered terms, rather than all at once.
- 'Houses of review', in that they cannot start legislation, only consider the lower houses. Also, they may not be able to outright veto legislation.
- In presidential systems, the upper house usually has the sole power to try impeachments against the executive following enabling resolutions passed by the lower house.

Powers

- In parliamentary systems the upper house is frequently seen as an advisory or "revising" chamber, for this reason its powers of direct action are often blunted or totally nonexistant in some of these ways:
- It usually has no control over the executive.
- It cannot outright veto or block legislation.
- It cannot start legislation.
- It cannot block or modify supply (See the Australian Constitutional Crisis of 1975 for an example of an upper house trying to block supply and what happened to them). It is the role of a revising chamber to scrutinise legislation that may have been drafted over-hastily in the lower house, and to suggest amendments that the lower house may nevertheless reject if it wishes to. An example: The British House of Lords, which under the Parliament Acts may not stop, only delay, bills. It is sometimes seen as having a special role of safeguarding the Constitution of the United Kingdom and important civil liberties against ill-considered change. By delaying but not vetoing legislation, an upper house may nevertheless defeat legislation: by giving the lower house the opportunity to reconsider, by preventing it from having sufficient time for a bill in the legislative schedule, or simply by embarrassing the other chamber into abandoning an unpopular measure.
- In presidential systems, the upper house is frequently given other powers to compensate for its restrictions:
- It usually has to sign off on appointments the executive makes to the cabinet and other offices.
- It frequently has the sole authority to ratify or denounce foreign treaties.

Election or appointment

Many upper houses are not directly elected, but appointed: either by the head of government or in some other way. This is usually intended to produce a house of experts or otherwise distinguished citizens, who would not be returned in an election. For example, members of the Canadian Senate are appointed by the monarch on the direction of the prime minister. In these systems, the seats are sometimes hereditary, as was the case in the British House of Lords (until 1998), and the Japanese House of Peers (until this house was abolished in 1947). However, it is also common that the upper house consist of delegates who are indirectly elected by state governments - for example, in the German Bundesrat. Also, the upper house of many nations is directly elected, but in different proportions to the lower house - for example, the Senates of Australia and The United States have a fixed number of elected representatives from each state, regardless of the population.

Abolition

Many jurisdictions, such as Denmark, Sweden, Venezuela, New Zealand, and the Canadian provinces of Quebec, Nova Scotia, Prince Edward Island, Manitoba and New Brunswick, once possessed upper houses but abolished them, to adopt unicameral systems. Newfoundland had a Legislative Council prior to joining Canada, as did Ontario when it was Upper Canada. The Australian state of Queensland also once had a legislative council before abolishing it, but all other Australian states continue to have bicameral systems. Nebraska is the only state in the United States to have a unicameral legislature, which it achieved when it abolished its lower house in 1934.

Titles of upper houses

Common ones

- Senate - Far and away the most common
- House of Lords - Seen mostly in British Commonwealth countries
- Legislative Council
- Council of States (in a Federation) - Bundesrat (Germany, Austria), Council of States (Switzerland), Federation Council (Russia), Rajya Sabha (India)

Unique titles

- Eerste Kamer (Dutch: First Chamber) - Netherlands
- Shura Council ((Consultative Council)) - Egypt
- House of Councillors - Japan
- National Council - Slovenia

Irish House of Commons

).]] The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from mediæval times until 1800. The upper house was the House of Lords. The membership of the House of Commons was directly elected, but on a very restrictive franchise. Roman Catholics were debarred from sitting in the Irish parliament, even though they comprised the vast majority of the Irish population. Until the 1790s they were also forbidden to participate in elections to the Commons. The British apponted Irish executive, under the Lord Lieutenant of Ireland, was not answerable to the House of Commons but to the British government. However the Chief Secretary for Ireland was usually a member of the Irish parliament. In the Commons, business was presided over by the Speaker who, in the absence of a government chosen from and answerable to the Commons, was the dominant political figure in the parliament. The House of Commons was abolished when the Irish parliament merged with its British counterpart in 1801 under the Act of Union.

Famous members

- Henry Grattan - went on to serve as an Irish member of the United Kingdom House of Commons.
- Hon. Arthur Wellesley - later became Duke of Wellington, defeated Napoleon at Waterloo, and served as Prime Minister of the United Kingdom. He represented his family borough of Trim, in County Meath from 1790-1796.
- William Connolly - a past Speaker, Connolly remains today one of the most widely known figures ever to be produced by the Irish parliament. He is famous not just for his role in parliament but also for his great wealth that allowed him to build one of Ireland's greatest Georgian houses, Castletown House.

Act of Union 1800

The Act of Union 1800 merged the Kingdom of Ireland and the Kingdom of Great Britain (itself a merger of England and Scotland under the Act of Union 1707) to create the United Kingdom of Great Britain and Ireland on 1 January 1801. The Act was passed by both the British and Irish parliaments. The Irish parliament had been given a large measure of independence by the Constitution of 1782, after centuries of being subordinated to the English (and later, British) Parliament. Thus, many members had guarded its autonomy jealously, including Henry Grattan, and had rejected a previous motion for Union in 1799. However, a concerted campaign by the British government, and the uncertainty that followed the Irish Rebellion of 1798, made Union a more palatable prospect. The final passage of the Act in the Irish Parliament was achieved with substantial majorities, and was marked by mass bribery of Irish MPs by the British government, including the granting of titles and lands. Under the terms of the union, Ireland had over 100 MPs representing it in the united parliament, meeting in the Palace of Westminster (more than would be proportionate according to population). Part of the attraction of the Union for many Irish Catholics was the promise of Catholic Emancipation, thereby allowing Roman Catholic MPs (which had not been allowed in the Irish Parliament). However this was blocked by King George III who argued that emancipating Roman Catholics would breach his Coronation Oath; it was delayed until 1829. 1829] The flag created by the merger of the Kingdoms of Great Britain and Ireland in 1801 still remains the flag of the United Kingdom. Known as the "Union Flag" (or Union Jack), it combines the flags of England and Scotland with St Patrick's Cross, representing Ireland.

External links

- [http://www.actofunion.ac.uk/ Act of Union - Virtual Library]
- [http://www.blackwellpublishing.com/abstract.asp?ref=0018-2648&vid=82&iid=266&aid=35&s=&site=1 Abstract] of an article from the journal History about the Act of Union. Category:British laws Category:History of Great Britain Category:History of England Category:History of Ireland Category:History of Ireland 1801-1922 Category:Irish constitutional law Category:1800 in law Category:United Kingdom constitution

Woolsack

The Woolsack is the seat of the Lord Chancellor in the House of Lords. The seat is a large, wool-stuffed cushion covered with red cloth; it has neither a back nor arms. The Lords' Mace is placed on the rear part of the Woolsack. Introduced in the fourteenth century, the seat was originally stuffed with English wool, which, due to the importance of the wool trade, was a symbol of the nation's prosperity. Today, however, wool from the various nations of the Commonwealth is used, in order to symbolise the Commonwealth's unity. The Lord Chancellor may speak from the Woolsack when speaking in his capacity of Speaker of the House, but must, if he seeks to debate, deliver his remarks either from the left side of the Woolsack, or from the normal seats of the Lords. If a Deputy Speaker presides in the absence of the Lord Chancellor, then that individual uses the Woolsack. However, when the House meets in the "Committee of the Whole", the Woolsack remains unoccupied, and the presiding officer, the Chairman or Deputy Chairman, occupies a Chair at the front of the table of the House. In front of the Woolsack is an even larger cushion known as the Judges' Woolsack. During the State Opening of Parliament, the Judges' Woolsack is occupied by the Law Lords. The seat, however, is by no means restricted to judges only; during normal sittings, any Lord may occupy it. Category:Westminster

Black Rod

The Gentleman Usher of the Black Rod, generally shortened to just Black Rod, is an official of a figure in the parliaments of a number of Commonwealth countries. The position originates in the House of Lords of the British Parliament where they represented the Sovereign and as Serjeant-at-Arms, and also of the Lord Chamberlain's Department. The title is derived from his staff of office, an ebony staff topped with a golden lion, which is the main symbol of the office's authority. His equivalent in the House of Commons is the Serjeant-at-Arms. Prior to 2002 the office of Black Rod in the United Kingdom was held by a retired senior officer of either the British Army, the Royal Navy or the Royal Air Force and was rotated between each service. It is now advertised openly. The present Black Rod is Lieutenant-General Sir Michael Willcocks. His deputy is the Yeoman Usher of the Black Rod. The present Black Rod for Canada is Lieutenant-Commander Terrance Christopher. Each Canadian province's parliament has its own Black Rod, despite all now being unicameral. The Black Rod is thus used only on visits from the Lieutenant Governors. The Australian Senate has Ms Andrea Griffiths as Usher of the Black Rod and Ms Helen Donaldson as Deputy Usher of the Black Rod. Each Australian state, with the exception of Queensland, also has its own Black Rod. In New Zealand, where the Legislative Council was abolished in 1951, the Usher of the Black Rod continues to summon MPs to the chamber for the Throne Speech, and is not a full-time position. Colonel William (Bill) Nathan, OBE ED, was Usher of the Black Rod 1993 to 2005, and a successor will be appointed shortly. In the United Kingdom the office was created in 1350 by royal letters patent, though the current title dates from 1522. The position was adopted by other members of the Commonwealth when they copied the British Westminster system. Black Rod is formally appointed by the Crown based on a recruitment search performed by the Clerk of the Parliaments, to whom he reports. In the United Kingdom Black Rod has a number of official duties: he is the personal attendant of the Sovereign in the Lords; as secretary to the Lord Great Chamberlain is responsible as the usher and doorkeeper at meetings of the Order of the Garter (stemming from the Garter Statute 1522); and, as the Serjeant-at-Arms and Keeper of the Doors of the House he is concerned in the admission of strangers to the House, and for carrying the Mace into and out of the chamber for the Lord Chancellor as Speaker of the House of Lords, though this last role is delegated to the Yeoman Usher and Deputy Serjeant-at-Arms. The Lord Chancellor's deputy, the Assistant Serjeant-at-Arms, carries the Mace on judicial occasions, however. Most of these duties are retained in Canada. Black Rod further has the task of arresting any Lord or Senator guilty of breach of privilege or other Parliamentary offence, such as contempt or disorder, or the disturbance of the House's proceedings. In the United Kingdom he is also responsible, as the representative of the Administration and Works Committee, for maintaining the buildings, services, and security of the Palace of Westminster. Either Black Rod or his deputy, the Yeoman Usher, is required to be present when the House of Lords or Senate is in session. In the United Kingdom they play a role in the induction of all new Lords Temporal into the House (that is, they do not take part in the introduction of bishops as new Lords Spiritual). In Canada they are present for the induction of all Senators. Currently, Black Rod is most prominent for his part in the ceremonies surrounding the State Opening of Parliament and the Throne speech. He summons the Commons to attend the speech and leads them to the Lords or Senate. As part of the ritual, as Black Rod approaches the doors to the chamber of the House of Commons to make his summons, they are closed in his face. Black Rod then strikes three times with his staff, and in reply to the challenge "Who is there?" answers "Black Rod". He is then admitted and issues the summons of the monarch to attend. This ritual is derived from the attempt by Charles I of England to arrest five members in 1642, in what was seen as a breach of privilege, though strictly the King was entitled to enter the chamber. After that incident, the House of Commons has maintained its right to question the right of the monarch's representative to enter their chamber, though they can not bar him from entering with lawful authority.

External link

- [http://www.parl.gc.ca/information/about/people/senate/leaders_officers/BlackRod-e.htm The Canadian Parliament's information about Black Rod]
- [http://gold.directory.gov.au/osearch.php?ou%3DBlack%20Rod%27s%20Office%2Cou%3DDepartment%20of%20the%20Senate%2Co%3DCommonwealth%20Parliament%2Co%3DCommonwealth%20of%20Australia%2Cc%3DAU&&changebase The Australian Commonwealth Parliament's information about Black Rod] Category:Titles Category:Westminster System Category:Positions within the British Royal Household

Lord Lieutenant of Ireland

The Lord Lieutenant of Ireland (also known as the Viceroy or in the Middle Ages as the Lord Deputy) was the head of the Kingdom of England's (before the Act of Union 1707) or Kingdom of Great Britain's (after 1707) administration in Ireland. The office was originally the central focus of English/British administration in Ireland under the Lordship of Ireland (1171-1541), the Kingdom of Ireland (1541-1800) and the United Kingdom of Great Britain and Ireland (1801-1922). As the name suggests, the holder was in effect the King's representative; the word viceroy comes from the French vice roi or deputy king. Though earlier Lords Deputy had been Irish noblemen, from the Middle Ages, with the very odd exception, only English or British noblemen were appointed to the office.

Official Residence

1922 The official residence of the Lord Lieutenant was the Viceregal Apartments in Dublin Castle. However from the late 18th century, the Lord Lieutenant lived for much of the year in the Viceregal Lodge (now Áras an Uachtaráin, the Irish presidential palace), a more private residence located in the Phoenix Park in Dublin. In later years, Lords Lieutenant only lived in the Castle during the 'Social Season' (early January to St. Patrick's Day, March 17), during which time they held social events; balls, drawing rooms, etc. Other summer or alternative residences used by Lord Lieutenant or Lords Deputy included Abbeyville in Kinsealy (now the home of former taoiseach Charles Haughey) and a Chapelizod House, in which the Lord Lieutenant lived while Dublin Castle was being rebuilt following a fire but which he left due to the building being supposedly haunted. Lords Lieutenant and earlier Lords Deputy sometimes also owned property in Ireland, in which they lived rather than in state residences. The Geraldine Lords Deputy, Gearoid Mór Fitzgerald and Gearoid Óg Fitzgerald being native Irish both lived in, among other locations, their castle in Maynooth, Co. Kildare. The Earl of Essex owned Durhamstown Castle near Navan in County Meath, a short distance from the residence of the Lord Bishop of Meath at Ardbraccan.

Role in Government

Ardbraccan The Lord Lieutenant's government was not in any real way responsible to the Irish Parliament, prior to parliament's abolition thanks to the Act of Union 1800. Nevertheless, he did hold a formal State Opening of Parliament, delivering his speech outlining his government policy programme from the throne on the dais in the Irish House of Lords. By the mid 19th century, the Lord Lieutenant's role changed substantially. Though still the official representative of the sovereign, the day to day role of governing fell to the Chief Secretary for Ireland, who was in effect the prime minister of the British administration in Ireland. Many nineteenth century Lords Lieutenant were not even nominally members of the British Cabinet, while the supposedly more junior Chief Secretary usually was.

Irish Attitudes towards the Lord Lieutenant

Chief Secretary for Ireland The office of Lord Lieutenant, like the English and British government in Ireland was generally unpopular with Irish nationalists, though it was supported with varying degrees of enthusiasm by the Irish unionist community. Some Lords Lieutenants did earn a measure of popularity in a personal capacity among nationalists. From the early nineteenth century, calls were made frequently for the abolition of the office and its replacement by a Secretary of State for Ireland. Though on one occasion, a Bill was even introduced by one government to make this change, the office survived right down until the end of British rule in Ireland. unionist Lord Lieutenant of Ireland.]] Irish nationalists throughout the nineteenth and early twentieth centuries campaigned for a form of Irish self-government. Daniel O'Connell sought Repeal of the Act of Union, with the re-establishment of a Kingdom of Ireland, while later nationalists like Charles Stewart Parnell sought a more moderate form of home rule within the United Kingdom of Great Britain and Ireland. Both made clear however, that the office of Lord Lieutenant could not survive in a restructured system of Irish government. The last of the four Home Rule bills, the Government of Ireland Act 1920, did provide for the continuation of the office. The Act divided Ireland into two devolved entities inside the United Kingdom, Northern Ireland and Southern Ireland. Two institutions were meant to join the two; a Council of Ireland (which was hoped would evolve into a working all-Ireland parliament) and the Lord Lieutenant who would be the nominal chief executive of both regimes, appointing both prime ministers and dissolving both parliaments. In fact only Northern Ireland functioned, with Southern Ireland being replaced by the Irish Free State. The powers meant to have been possessed by the Lord Lieutenant were delegated by amendment to a new Governor of Northern Ireland, while the role of representative of the Crown in the Free State went to a new southern Governor-General. The Lord Lieutenantship as a result was abolished. By tradition the coat of arms of each Lord Lieutenant was displayed somewhere in the Chapel Royal in Dublin Castle; some were incorporated into stained glass windows, some carved into seating, etc. Dubliners noted that the last available space was taken by the last Lord Lieutenant, Viscount Fitzalan of Derwent. Fitzalan was the first Roman Catholic appointed as a representative of the Crown since the Glorious Revolution that brought William and Mary to power in 1688.

Peerage of Ireland

The Peerage of Ireland is the term used for those peers created by British monarchs in their capacity as Lord or King of Ireland. Before 1801, Irish Peers had the right to sit in the Irish House of Lords, but after the Union in 1801, Irish peers, like those of Scotland, only elected representative peers — twenty-eight in number — to the House of Lords (see List of Irish representative peers). This practice ended with the creation of the Irish Free State in 1922. Irish Peerages continued to be created for some time after 1801 as a way of creating peerages which did not grant a seat in the House of Lords. The last to be granted was one for George Curzon in 1899. In the following table of Irish peers, higher or equal titles in the other peerages are listed. Also, if the peer holds a lower title in the Peerages of England, Great Britain, or the United Kingdom, and therefore sat by such a peerage in the House of Lords, such a lower title is listed.

Dukes in the Peerage of Ireland

Marquesses in the Peerage of Ireland

Earls in the Peerage of Ireland

Viscounts in the Peerage of Ireland

Barons in the Peerage of Ireland

Ireland Ireland

House of Lords

:This article is about the British House of Lords. For the historical Irish body, see Irish House of Lords. The House of Lords is the upper house of the Parliament of the United Kingdom. Parliament also includes the Sovereign and the lower house, the House of Commons. The House of Lords has 730 members. The House of Lords is an unelected body, consisting of two archbishops and 24 bishops of the established Church of England ("Lords Spiritual") and 706 members of the Peerage ("Lords Temporal"). Lords Spiritual serve as long as they continue to occupy their ecclesiastical positions, whereas Lords Temporal serve for life. Members of the House of Lords are known as "Lords of Parliament". The House of Lords originated in the 14th century and has been in almost continuous existence since. The name 'House of Lords' was not used as a name for the Upper House until 1544. It was abolished in 1649 by the revolutionary government that came to power during the English Civil War, but was restored in 1660. The House of Lords (the "Upper House") was once more powerful than the elected House of Commons (the "Lower House"). Since the 19th century, however, the powers of the House of Lords have been steadily declining; now, the Upper House is far weaker than its elected counterpart. Under the Parliament Acts (passed in 1911 and 1949) all legislation excluding "money bills" (including the Budget) passed by the House of Commons can be delayed for twelve months, but cannot be rejected. This power is called a suspensive veto in political science. Reforms were enacted under the House of Lords Act 1999, which removed the automatic hereditary right of peers to sit in the Upper House. A small number retain seats because they hold office as Great Officers of State, and an additional 92 are elected as representative peers. Additional reforms are contemplated by the current Labour Government, but have not been passed into law. In addition to performing legislative functions, the House of Lords also holds judicial powers: it constitutes the highest court of appeal for most cases in the United Kingdom. The judicial functions of the House of Lords are not performed by the whole Chamber, but rather by a group of members with legal experience, who are known as "Law Lords". The House of Lords is not the only court of last resort in the United Kingdom; in some cases, that role is fulfilled by the Privy Council. The Constitutional Reform Act 2005 will transfer the judicial functions of the Lords to a new Supreme Court of the United Kingdom when it comes into effect. The full, formal style of the House of Lords is: The Right Honourable The Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament Assembled. The House of Lords, like the House of Commons, meets in the Palace of Westminster.

History

Parliament developed from the council that advised the King during mediæval times. This royal council came to be composed of ecclesiastics, noblemen, and representatives of the counties (afterwards, representatives of the boroughs as well). The first Parliament is often considered to be the "Model Parliament" (held in 1295), which included archbishops, bishops, abbots, earls, barons, and representatives of the shires and boroughs. The power of Parliament grew slowly, changing as the strength of the monarchy grew or declined. For example, during much of the reign of Edward II (1307–1327), the nobility was supreme, the Crown weak, and the shire and borough representatives entirely powerless. In 1322, the authority of Parliament was for the first time recognised not simply by custom or royal charter, but by an authoritative statute, passed by Parliament itself. Further developments occurred during the reign of Edward II's successor, Edward III. Most importantly, it was during this King's reign that Parliament clearly separated into two distinct chambers: the House of Commons (consisting of the shire and borough representatives) and the House of Lords (consisting of the senior clergy and the nobility). The authority of Parliament continued to grow, and, during the early fifteenth century, both Houses exercised powers to an extent not seen before. The Lords were far more powerful than the Commons, due to the great influence of the aristocrats and prelates of the realm. The power of the nobility suffered a relapse due to the civil wars of the late fifteenth century, known as the Wars of the Roses. Much of the nobility was either decimated on the battlefield or executed for participation in the war, and many aristocratic estates were lost to the Crown. Moreover, feudalism was dying, and the feudal armies controlled by the barons became obsolete. Hence, the Crown easily re-established its absolute supremacy in the realm. The domination of the Sovereign continued to grow during the reigns of the Tudor monarchs in the 16th century. The Crown was at the height of its power during the reign of Henry VIII (1509-1547). The House of Lords remained more powerful than the House of Commons, but the Lower House did continue to grow in influence, reaching its zenith in relation to the House of Lords during the middle 17th century. Conflicts between the King and the Parliament (for the most part, the House of Commons) ultimately led to the English Civil War during the 1640s. In 1649, after the defeat and execution of King Charles I, a republic (the Commonwealth of England) was declared, but the nation was truly a dictatorship under Oliver Cromwell. The House of Lords relapsed into a largely powerless body, with Cromwell and his supporters in the Commons dominating the Government. On 19 March 1649, the House of Lords was abolished by an Act of Parliament, which declared that "The Commons of England [find] by too long experience that the House of Lords is useless and dangerous to the people of England." The House of Lords did not assemble again until the Convention Parliament met in 1660 and the monarchy was restored. It returned to its former position as the more powerful chamber of Parliament—a position it would occupy until the 19th century. The 19th century was marked by several changes to the House of Lords. The House, once a body of only about 50 members, had been greatly enlarged by the liberality of George III and his successors in creating peerages. The individual influence of a Lord of Parliament was thus diminished. Moreover, the power of the House as a whole experienced a decrease, whilst that of the House of Commons grew. Particularly notable in the development of the Lower House's superiority was the Reform Bill Crisis of 1832. The electoral system of the House of Commons was not, at the time, democratic but antediluvian: property qualifications greatly restricted the size of the electorate, and the boundaries of many of the constituencies had not been changed for centuries. Entire cities such as Manchester were not represented by a single individual in the House of Commons, but the 11 voters of Old Sarum retained their ancient right to elect two Members of Parliament. A small borough was susceptible to bribery, and was often under the control of a patron, whose nominee was guaranteed to win an election. Some aristocrats were patrons of numerous "pocket boroughs", and therefore controlled a considerable part of the membership of the House of Commons. When, in 1831, the House of Commons passed a Reform Bill to correct some of these anomalies, the House of Lords rejected the proposal. The popular cause of reform, however, was not abandoned by the ministry, despite a second rejection of the bill in the Lords in 1832. The Prime Minister, Charles Grey, 2nd Earl Grey, then advised the King to overwhelm the opposition to the bill in the House of Lords by creating about 80 new pro-Reform peers. William IV originally baulked at the proposal, which effectively threatened the opposition of the House of Lords, but at length relented. Before the new peers were created, however, the Lords who opposed the bill admitted defeat, and abstained from the vote, allowing the passage of the bill. The crisis damaged the political influence of the House of Lords, but did not altogether end it. Over the course of the century, however, the power of the Upper House experienced further erosion, and the Commons gradually became the stronger branch of Parliament. William IV (above), precipitated a political crisis in 1909.]] The status of the House of Lords returned to the forefront after the election of a Liberal Government in 1906. In 1908, the Government under Herbert Henry Asquith introduced a number of social welfare programmes, which, together with an expensive arms race with Germany, had forced the Government to seek more funding in the form of tax increases. In 1909, the Chancellor of the Exchequer, David Lloyd George, introduced the "People's Budget", which proposed a new tax targeting wealthy landowners. The unpopular measure, however, failed in the heavily Conservative House of Lords. Having made the powers of the House of Lords a primary campaign issue, the Liberals were re-elected in January 1910. Asquith then proposed that the powers of the House of Lords be severely curtailed. Proceedings on the bill were briefly interrupted by the death of King Edward VII, but were soon recommenced under the new monarch, George V. After a General Election in December 1910, the Asquith Government secured the passage of a bill to curtail the powers of the House of Lords. The Prime Minister proposed, and the King agreed, that the House of Lords could be flooded by the creation of 500 new Liberal peers if it failed to pass the bill. (This was the same device used earlier to force the Upper House to consent to the passage of the Reform Act 1832.) The Parliament Act 1911 soon came into effect, destroying the House of Lords' power to reject most bills. Money Bills (bills that dealt solely with matters related to revenue and public expenditures, such as the Budget) could be delayed by the House of Lords for no more than one month, and most other bills for no more than three parliamentary sessions or two calendar years. The Parliament Act 1911 was not meant to be a permanent solution; rather, more comprehensive reforms were planned. Neither party, however, pursued the matter with much enthusiasm, and the House of Lords remained primarily hereditary. In 1949, the Parliament Act was slightly modified, so that the delaying power of the House of Lords with respect to most bills was reduced from three sessions or two years to two sessions or one year. In 1958, the predominantly hereditary nature of the House of Lords was changed by the Life Peerages Act 1958, which authorised the creation of life baronies, with no numerical limits. In 1968, the Labour Government of Harold Wilson attempted to reform the House of Lords by introducing a system under which hereditary peers would be allowed to remain in the House and take part in debate, but would be unable to vote. This plan, however, was defeated in the House of Commons by a combination of traditionalist Conservatives (such as Enoch Powell) and Labour members who advocated the outright abolition of the Upper House (such as Michael Foot). When Michael Foot attained the leadership of the Labour Party, abolition of the House of Lords became a part of the party's agenda; under Neil Kinnock, however, a reformed Upper House was instead proposed. In the meantime, the creation of hereditary peerages (except for members of the Royal Family) has been arrested, with the exception of three creations during the administration of the Conservative Margaret Thatcher in the 1980s.

Reform

The Labour Party's return to power in 1997 under Tony Blair finally heralded the reform of the House of Lords. The Blair Government introduced legislation to remove all hereditary peers from the Upper House as the first step in Lords reform. As a part of a compromise, however, it agreed to permit 92 hereditary peers to remain until the reforms are complete. The hereditary peers were removed under the House of Lords Act 1999 (see below for its provisions). Since then however, reform has stalled. The Wakeham Commission proposed introducing a 20% elected element to the Lords, but this plan was widely criticised. A Joint Committee was established in 2001 to resolve the issue, but it reached no conclusion and instead gave Parliament seven options to choose from (fully appointed, 20% elected, 40% elected, 50% elected, 60% elected, 80%, and fully elected). In a confusing series of votes in February 2003 all of these options were defeated although the 80% elected option fell by just three votes. MPs favouring outright abolition voted against all the options. Another proposal was put forward by a group of MPs, proposing a 70% elected house, with most of the remainder appointed by a Commission to ensure a mix of skills, knowledge and experience. This proposal also did not reach the statute book. New peers, therefore, are only created by appointment to the house. The Labour Party now intends to introduce reform early in the next Parliament, although they are yet to state exactly what system they will be proposing. It is understood, however, that they may be inclined to support Billy Bragg's Secondary Mandate system. The Conservative Party favour an eighty per cent elected Second Chamber, while the Liberal Democrats are calling for a fully elected Senate. Elect the Lords is a cross-party campaign initiative that was set up to make the case for a predominantly elected Second Chamber in the run up to the 2005 general election. The post-election Queen's Speech saw an announcement that the government "will bring forward proposals to continue the reform of the House of Lords" in the 2005/2006 legislative session. The Times reported on July 19 2005 that Labour Party proposals would see the House of Lords 80% elected and renamed the "Second Chamber."

Lords Spiritual

Members of the House of Lords who sit by virtue of their ecclesiastical offices are known as Lords Spiritual. Formerly, the Lords Spiritual comprised a majority in the House of Lords, including the Church of England's archbishops, diocesan bishops, abbots, and priors. After 1539, however, only the archbishops and bishops continued to attend, for the Dissolution of the Monasteries suppressed the positions of abbot and prior. In 1642, during the English Civil War, the Lords Spiritual were excluded altogether, but they returned under the Clergy Act 1661. The number of Lords Spiritual was further restricted by the Bishopric of Manchester Act 1847, and by later acts. Now, there can be no more than 26 Lords Spiritual, always including the five most important prelates of the Church: the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop of Durham, and the Bishop of Winchester. Membership of the House of Lords also extends to the 21 longest-serving other diocesan bishops of the Church of England. The Church of Scotland is not represented by any Lords Spiritual; being a Presbyterian institution, it has no archbishops or bishops. The Church of Ireland did obtain representation in the House of Lords after the union of Ireland and Great Britain in 1801. Of the Church of Ireland's ecclesiastics, four (one archbishop and three bishops) were to sit at any one time, with the members rotating at the end of every parliamentary session (which normally lasted approximately one year). The Church of Ireland, however, was disestablished in 1871, and ceased to be represented by Lords Spiritual. The same is true for the Church in Wales which was disestablished in 1920. The current Lords Spiritual, therefore, only represent the Church of England.

Lords Temporal

Since the Dissolution of the Monasteries, the Lords Temporal have been the most numerous group in the House of Lords. Unlike the Lords Spiritual, they may be publicly partisan. Publicly non-partisan Lords are called cross-benchers. Originally, the Lords Temporal included several hereditary peers (that is, those whose peerages may be inherited), who ranked variously as dukes, marquesses, earls, viscounts, barons, and lords of Parliament. Such hereditary dignities are created by the Crown, in modern times on the advice of the Prime Minister of the day. Reforms enacted in 1999 (see above) caused several hundred hereditary peers to lose their seats in the House of Lords. The House of Lords Act 1999 provides that only 92 individuals may continue to sit in the Upper House by virtue of hereditary peerages. Two hereditary peers remain in the House of Lords because they hold hereditary offices connected with Parliament: the Earl Marshal and the Lord Great Chamberlain. Of the remaining 90 hereditary peers in the House of Lords, 15 are elected by the whole House. Seventy-five hereditary peers are chosen by fellow hereditaries in the House of Lords, grouped by party. The number of peers to be chosen by a party reflects the proportion of hereditary peers that belongs to that party (see current composition below). When an elected hereditary peer dies, a by-election is held, with a variant of the Alternative Vote system being used. If the recently deceased hereditary peer was elected by the whole House, then so is his or her replacement; a hereditary peer elected by a specific party is replaced by a vote of elected hereditary peers belonging to that party (whether elected as part of that party group or by the whole house). The Lords Temporal also include the Lords of Appeal in Ordinary, a group of individuals appointed to the House of Lords so that they may exercise its judicial functions. Lords of Appeal in Ordinary, more commonly known as Law Lords, were first appointed under the Appellate Jurisdiction Act 1876. They are selected by the Prime Minister, but are formally appointed by the Sovereign. A Lord of Appeal in Ordinary must retire at the age of 70, or, if his or her term is extended by the Government, at the age of 75; after reaching such an age, the Law Lord cannot hear any further legal cases. The number of Lords of Appeal in Ordinary (excluding those who are no longer able to hear cases due to age restrictions) is limited to twelve, but may be changed by statutory instrument. Lords of Appeal in Ordinary traditionally do not participate in political debates, so as to maintain judicial independence. Lords of Appeal in Ordinary hold seats the House of Lords for life, remaining members even after reaching the retirement age of 70 or 75. Former Lord Chancellors and holders of other high judicial office may also sit as Law Lords under the Appellate Jurisdiction Act, although in practice this right is infrequently exercised. After the coming into force of the Constitutional Reform Act 2005, the Lords of Appeal in Ordinary will become judges of the Supreme Court of the United Kingdom and will be barred from sitting or voting until they retire as judges. The largest group of Lords Temporal, and indeed of the whole House, are life peers. Life peers with seats in the House of Lords rank only as barons or baronesses, and are created under the Life Peerages Act 1958. Like all other peers, life peers are created by the Sovereign, who acts on the advice of the Prime Minister. By convention, however, the Prime Minister allows leaders of other parties to select some life peers so as to maintain a political balance in the House of Lords. Moreover, some non-party life peers (the number being determined by the Prime Minister) are nominated by an independent House of Lords Appointments Commission. If an hereditary peer also holds a life peerage, he or she remains a member of the House of Lords without a need for an election. In 2000, the government announced it would set up an Independent Appointments Commission, under Lord Stevenson of Coddenham, to select fifteen so-called "People's Peers" for life peerages. However, when the choices were announced in April 2001, from a list of 3,000 applicants, the choices were treated with criticism in the media, as all were distinguished in their field, and none were "ordinary people" as some had originally hoped. In many historical instances, some peers were not permitted to sit in the Upper House. When Scotland united with England to form Great Britain in 1707, it was provided that the Scottish hereditary peers would only be able to elect 16 representative peers to sit in the House of Lords; the term of a representative was to extend until the next general election. A similar provision was enacted in respect of Ireland when that kingdom merged with Great Britain in 1801; the Irish peers were allowed to elect 28 representatives, who were to retain office for life. Elections for Irish representatives ended in 1922, when most of Ireland became an independent state; elections for Scottish representatives ended with the passage of the Peerage Act 1963, under which all Scottish peers obtained seats in the Upper House.

Qualifications

Peerage Act 1963 Several different qualifications apply for membership of the House of Lords. No person may sit in the House of Lords if under the age of 21. Furthermore, only Commonwealth citizens and citizens of the Republic of Ireland may sit in the House of Lords. The nationality restrictions were previously more stringent: under the Act of Settlement 1701, and prior to the British Nationality Act 1948, only natural-born subjects were qualified. Additionally, some bankruptcy-related restrictions apply to members of the Upper House. A person may not sit in the House of Lords if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if he or she is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland). A final restriction bars an individual convicted of high treason from sitting in the House of Lords until completing his or her full term of imprisonment. An exception applies, however, if the individual convicted of high treason receives a full pardon. Note that an individual serving a prison sentence for an offence other than high treason is not automatically disqualified. Finally, some qualifications apply only in the case of the Lords of Appeal in Ordinary. No person may be created a Lord of Appeal in Ordinary unless he or she has either held "high judicial office" for two years, or has been a practising barrister for fifteen years. The term "high judicial office" encompasses membership of the Court of Appeal of England and Wales, of the Inner House of the Court of Session (Scotland), or of the Court of Appeal in Northern Ireland. Women were formerly ineligible to sit in the House of Lords, even if they held peerages in their own right. It was only in 1958 that women were admitted to the House of Lords; the Life Peerages Act passed in that year granted seats to all life peeresses. Hereditary peeresses, however, continued to be excluded until the passage of the Peerage Act 1963. Since the passage of the House of Lords Act 1999, hereditary peeresses remain eligible for election to the Upper House. All women in the House of Lords are amongst the Lords Temporal; the Church of England does not presently permit the consecration of female bishops, though this issue is currently under consideration, with many observers expecting female bishops in the near future.

Officers

Unlike the House of Commons, the House of Lords does not elect its own Speaker; rather, the ex officio presiding officer is the Lord Chancellor (as of 2005, The Rt Hon. The Lord Falconer of Thoroton). The Lord Chancellor is not only the Speaker of the House of Lords, but also a member of the Cabinet; his or her department, formerly the Lord Chancellor's Department, is now called the Department for Constitutional Affairs. In addition, the Lord Chancellor is the head of the judiciary of England and Wales, serving as the President of the Supreme Court of England and Wales. Thus, the Lord Chancellor is a part of all three branches of Government: the legislative, the executive, and the judicial. In June 2003, the Blair Government announced its intention to abolish the post of Lord Chancellor, due to the office's mixed executive and judicial responsibilities. However, the abolition of the office was rejected by the House of Lords, and the Constitutional Reform Act 2005 preserves the office of Lord Chancellor, though ammended. The Act no longer guarantees that the office holder of Lord Chancellor is the presiding officer of the House of Lords and allows for the House of Lords to elect a Speaker of their own. For the time being however, the Lord Chancellor will continue to act as the presiding officer, until at least the new rules of speakership are created. Speaker The Lord Chancellor may be replaced as presiding officer by one of his or her deputies. The Chairman of Committees, the Principal Deputy Chairman of Committees, and several Deputy Chairmen of Committees are all deputies to the Lord Chancellor, and are all appointed by the House of Lords itself. By custom, the Crown appoints each Chairman, Principal Deputy Chairman, or Deputy Chairman to the additional office of Deputy Speaker of the House of Lords. There is no legal requirement that the Lord Chancellor or a Deputy Speaker be a member of the House of Lords, though the same has long been customary. Whilst presiding over the House of Lords, the Lord Chancellor wears ceremonial black and gold robes. The Lord Chancellor or Deputy Speaker sits on the Woolsack, a large red seat stuffed with wool, at the front of the Lords Chamber. When the House of Lords resolves itself into committee (see below), the Chairman or a Deputy Chairman presides, not from the Woolsack, but from a chair at the Table of the House. The presiding officer has little power compared to the Speaker of the House of Commons. He or she only acts as the mouthpiece of the House, performing duties such as announcing the results of votes. The Lord Chancellor or Deputy Speaker cannot determine which members may speak, or discipline members for violating the rules of the House; these measures may be taken only by the House itself. Unlike the politically neutral Speaker of the House of Commons, the Lord Chancellor and Deputy Speakers remain members of their respective parties, and may participate in debate. Another officer of the body is the Leader of the House of Lords, a peer selected by the Prime Minister. The Leader of the House is responsible for steering Government bills through the House of Lords, and is a member of the Cabinet. The Leader also advises the House on proper procedure when necessary, but such advice is merely informal, rather than official and binding. A Deputy Leader is also appointed by the Prime Minister, and takes the place of an absent or unavailable Leader. The Clerk of the Parliaments is the chief clerk and officer of the House of Lords (but is not a member of the House itself). The Clerk, who is appointed by the Crown, advises the presiding officer on the rules of the House, signs orders and official communications, endorses bills, and is the keeper of the official records of both Houses of Parliament. Moreover, the Clerk of the Parliaments is responsible for arranging by-elections of hereditary peers when necessary. The deputies of the Clerk of the Parliaments (the Clerk Assistant and the Reading Clerk) are appointed by the Lord Chancellor, subject to the House's approval. The Gentleman Usher of the Black Rod is also an officer of the House; he takes his title from the symbol of his office, a black rod. Black Rod (as the Gentleman Usher is normally known) is responsible for ceremonial arrangements, is in charge of the House's doorkeepers, and may (upon the order of the House) take action to end disorder or disturbance in the Chamber. Black Rod also holds the office of Serjeant-at-Arms of the House of Lords, and in this capacity attends upon the Lord Chancellor. The Gentleman Usher of the Black Rod's duties may be delegated to the Yeoman Usher of the Black Rod or to the Assistant Sergeant-at-Arms.

Procedure

Serjeant-at-Arms The House of Lords and the House of Commons assemble in the Palace of Westminster. The Lords Chamber is lavishly decorated, in contrast with the more modestly furnished Commons Chamber. Benches in the Lords Chamber are coloured red; thus, the House of Lords is sometimes referred to as the "Red Chamber". The Woolsack is at the front of the Chamber; supporters of the Government sit on benches on the right of the Woolsack, whilst members of the Opposition sit on the left. Neutral members, known as Cross-benchers, sit on the benches immediately opposite the Woolsack. The Lords Chamber is the site of many formal ceremonies, the most famous of which is the State Opening of Parliament, held at the beginning of each new parliamentary session. During the State Opening, the Sovereign, seated on the Throne in the Lords Chamber and in the presence of both Houses of Parliament, delivers a speech outlining the Government's agenda for the upcoming parliamentary session. In the House of Lords, members need not seek the recognition of the presiding officer before speaking, as is done in the House of Commons. If two or more Lords simultaneously rise to speak, the House decides which one is to be heard by acclamation, or, if necessary, by voting on a motion. Often, however, the Leader of the House will suggest an order, which is thereafter generally followed. Speeches in the House of Lords are addressed to the House as a whole ("My Lords") rather than to the presiding officer alone (as is the custom in the Lower House). Members may not refer to each other in the second person (as "you"), but rather use third person forms such as "the noble Duke", "the noble Earl", "the noble Lord", "my noble friend", etc. Each member may make no more than one speech on a motion, except that the mover of the motion may make one speech at the beginning of the debate and another at the end. Speeches are not subject to any time limits in the House; however, the House may put an end to a speech by approving a motion "that the noble Lord be no longer heard". It is also possible for the House to end the debate entirely, by approving a motion "that the Question be now put". This procedure is known as Closure, and is extremely rare. Once all speeches on a motion have concluded, or Closure invoked, the motion may be put to a vote. The House first votes by voice vote; the Lord Chancellor or Deputy Speaker puts the question, and the Lords respond either "Content" (in favour of the motion) or "Not-Content" (against the motion). The presiding officer then announces the result of the voice vote, but if his assessment is challenged by any Lord, a recorded vote known as a division follows. Members of the House enter one of two lobbies (the "Content" lobby or the "Not-Content" lobby) on either side of the Chamber, where their names are recorded by clerks. At each lobby are two Tellers (themselves members of the House) who count the votes of the Lords. The Lord Chancellor or Deputy Speaker may vote from the Woolsack. Once the division concludes, the Tellers provide the results thereof to the presiding officer, who then announces them to the House. If there is an equality of votes, the motion is decided according to the following principles: legislation may proceed in its present form, unless there is a majority in favour of amending or rejecting it; any other motions are rejected, unless there is a majority in favour of approving it. The quorum of the House of Lords is just three members for a general or procedural vote, and 30 members for a vote on legislation. If fewer than three or 30 members (as appropriate) are present, the division is invalid.

Committees

The Parliament of the United Kingdom uses committees for a variety of purposes; one common use is for the review of bills. Committees of both Houses consider bills in detail, and may make amendments. In the House of Lords, the committee most commonly used for the consideration of bills is the Committee of the Whole House, which, as its name suggests, includes all members of the House. The Committee meets in the Lords Chamber, and is presided over not by the Lord Chancellor, but by the Chairman of Committees or a Deputy Chairman. Different procedural rules apply in the Committee of the Whole House than in normal sessions of the Lords; in particular, members are allowed to make more than one speech each on a motion. Similar to the Committee of the Whole House are the Grand Committees, bodies in which any member of the House may participate. A Grand Committee does not meet in the Lords Chamber, but in a separate committee room. No divisions are held in Grand Committees, and any amendments to the bill require the unanimous consent of the body. Hence, the Grand Committee procedure is used only for uncontroversial bills. Bills may also be committed to Public Bill Committees, which consist of between twelve and sixteen members each. A Public Bill Committee is specifically constituted for a particular bill. A bill may also be referred to a Special Public Bill Committee, which, unlike the Public Bill Committee, has the power to hold hearings and collect evidence. These committees are used much less frequently than the Committee of the Whole House and Grand Committees. The House of Lords also has several Select Committees. The members of these committees are appointed by the House at the beginning of each session, and continue to serve until the next parliamentary session begins. The House of Lords may appoint a chairman for a committee; if it does not do so, the Chairman of Committees or a Deputy Chairman of Committees may preside instead. Most Select Committees are permanent, but the House may also establish ad hoc committees, which cease to exist upon the completion of a particular task (for instance, investigating the reform of the House of Lords). The primary function of Select Committees is to scrutinise and investigate Government activities; to fulfil these aims, they are permitted to hold hearings and collect evidence. Bills may be referred to Select Committees, but are more often sent to the Committee of the Whole House and Grand Committees. The committee system of the House of Lords also includes several Domestic Committees, which supervise or consider the House's procedures and administration. One of the Domestic Committees is the Committee of Selection, which is responsible for assigning members to many of the House's other committees.

Legislative functions

quorumMost legislation may be introduced in either House, but, most commonly, is introduced in the House of Commons. The power of the Lords to reject a bill passed by the House of Commons is severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be presented for the Royal Assent without the consent of the House of Lords. The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons, and do not have the effect of extending a parliamentary term beyond five years. A further restriction is a constitutional convention known as the Salisbury Convention, which means that the House of Lords does not seek to oppose legislation promised in the Government's election manifesto. By a custom that prevailed even before the Parliament Acts, the House of Lords is further restrained insofar as financial bills are concerned. The House of Lords may neither originate a bill concerning taxation or Supply, nor amend a bill so as to insert a taxation or Supply-related provision. (The House of Commons, however, often waives its privileges and allows the Upper House to make amendments with financial implications.) Moreover, the Upper House may not amend any Supply Bill. The House of Lords formerly maintained the absolute power to reject a bill relating to revenue or Supply, but this power was curtailed by the Parliament Acts, as aforementioned. Hence, as the power of the House of Lords has been severely curtailed by statute and by practice, the House of Commons is clearly the more powerful chamber of Parliament.

Judicial functions

The judicial functions of the House of Lords originate from the ancient role of the Curia Regis as a body that addressed the petitions of the King's subjects. The judicial functions of the House of Lords are exercised not by the whole House, but by a group of "Law Lords". The bulk of the House's judicial business is conducted by the twelve Lords of Appeal in Ordinary, who are specifically appointed for this purpose under the Appellate Jurisdiction Act. The judicial functions may also be exercised by Lords of Appeal (other members of the House who happen to have held high judicial office). No Lord of Appeal in Ordinary or Lord of Appeal may sit judicially beyond the age of seventy-five. The judicial business of the Lords is supervised by the Senior Lord of Appeal in Ordinary and his or her deputy, the Second Senior Lord of Appeal in Ordinary. The jurisdiction of the House of Lords extends, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland. From Scotland, appeals are possible only in civil cases; Scotland's High Court of Justiciary is the highest court in criminal matters. The House of Lords is not the United Kingdom's only court of last resort; in some cases, the Privy Council performs such a function. The jurisdiction of the Privy Council in the United Kingdom, however, is narrower than that of the House of Lords; it encompasses appeals from ecclesiastical courts, issues related to devolution, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters. Not all Law Lords sit to hear cases; rather, since World War Two cases have been heard by panels known as Appellate Committees, each of which normally consists of five members (selected by the Senior Lord). An Appellate Committee hearing an important case may consist of even more members. Though Appellate Committees meet in separate committee rooms, judgement is given in the Lords Chamber itself. No further appeal lies from the House of Lords. A distinct judicial function—one in which the whole House, rather than just the Law Lords, may participate—is that of trying impeachments. Impeachments are brought by the House of Commons, and are tried in the House of Lords; a conviction requires only a majority of the Lords voting. Impeachments, however, are essentially obsolete; the last impeachment was that of Henry Dundas, 1st Viscount Melville in 1806. Similarly, the House of Lords was once the court that tried peers charged with high treason or felony. The House would be presided over not by the Lord Chancellor, but by the Lord High Steward, an official especially appointed for the occasion of the trial. If Parliament was not in session, then peers could be tried in a separate court, known as the Lord High Steward's Court. Only peers, their wives, and their unremarried widows were entitled to trials in the House of Lords or the Lord High Steward's Court; the Lords Spiritual were tried in Ecclesiastical Courts. In 1948, the right of peers and peeresses to be tried in such special courts was abolished; now, they may be tried in the same courts as others. The Constitutional Reform Act 2005 will lead to the creation of a separate Supreme Court of the United Kingdom, to which the judicial function of the House of Lords, and some of the judicial functions of the Judicial Committee of the Privy Council, would be transferred. In addition, the office of Lord Chancellor will be reformed, to remove his ability to act as both a government minister and a judge. This is motivated in part by concerns that the historical admixture of legislative, judicial, and executive power, may not be in conformance with the requirements of the European Convention on Human Rights (a judicial officer having legislative or executive power not being likely to be considered sufficiently impartial to provide a fair trial), and in any case are considered undesirable according to modern constitutional theory concerning the separation of powers. The new Supreme Court will be located in Middlesex Guildhall.

Relationship with the Government

Unlike the House of Commons, the House of Lords does not control the term of the Prime Minister or of the Government. Only the Lower House may force the Prime Minister to resign or call elections by passing a motion of no-confidence or by withdrawing supply. Thus, the House of Lords' oversight of the government is limited. Most Cabinet ministers are from the House of Commons, rather than the House of Lords. In particular, all Prime Ministers since 1902 have been members of the Lower House. (Alec Douglas-Home, who became Prime Minister in 1963 whilst still an Earl, disclaimed his peerage and was elected to the Commons soon after his term began.) No major cabinet position (except Lord Chancellor and Leader of the House of Lords) has been filled by a peer since 1982. However, the House of Lords does remain a source for junior ministers.

Current composition

Source: [http://www.parliament.uk/directories/house_of_lords_information_office/analysis_by_composition.cfm House of Lord official figures] The House of Lords, as of July 1, 2005: Note: These figures exclude eight peers who are on leave of absence. †The number of hereditary peers 'allocated' to each party, which is based on the proportion of hereditary peers that belongs to that party, is:
- Conservative Party: 42 peers
- Labour Party: 2 peers
- Liberal Democrats: 3 peers
- Cross-benchers: 28 peers Of the initial 42 hereditary peers elected as Conservatives, one (The Lord Brabazon of Tara) now sits as a Cross-bencher, having become the House of Lords' Chairman of Committees, and another (The Lord Willoughby de Broke) now sits as a non-affiliated member.

References

- Carmichael, Paul, Brice Dickson, and Guy Peters. (1999). The House of Lords: Its Parliamentary and Judicial Role. Oxford: Hart Publishing.
- [http://www.parliament.the-stationery-office.co.uk/pa/ld/ldcomp/compso.htm Davies, Michael. (2003). Companion to the Standing Orders and guide to the Proceedings of the House of Lords, 19th ed. London: HMSO.]
- Farnborough, T. E. May, 1st Baron. (1896). Constitutional History of England since the Accession of George the Third, 11th ed. London: Longmans, Green and Co.
- Longford, Frank Pakenham, 7th Earl of. (1999). A History of the House of Lords. Gloucestershire: Sutton Publishing.
- "Parliament" (1911). Encyclopædia Britannica, 11th ed. London: Cambridge University Press.
- Raphael, D. D., Donald Limon, and W. R. McKay. (2004). Erskine May: Parliamentary Practice, 23rd ed. London: Butterworths Tolley.

External links

- [http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/ The British Broadcasting Corporation. (2005). "A–Z of Parliament."]
- [http://politics.guardian.co.uk/lords/ The Guardian. (2005). "Special Report: House of Lords."]
- [http://www.parliament.uk/ The Parliament of the United Kingdom. Official website.]
- [http://www.parliamentlive.tv/ The Parliament of the United Kingdom. Parliament Live TV.] United Kingdom Category:National upper houses Category:Westminster Category:Government of the United Kingdom Category:Politics of the United Kingdom Category:United Kingdom constitution ja:貴族院

British House of Commons

The House of Commons is the lower house of the Parliament of the United Kingdom, and is now the dominant branch of Parliament. Parliament also includes the Sovereign and the upper house, the House of Lords. The House of Commons is a democratically elected body, consisting of 646 members, who are known as "Members of Parliament" or "MPs." Members are elected by the first past the post system of election for limited terms, holding office until Parliament is dissolved (a maximum of five years). Each member is elected by, and represents, an electoral district known as a constituency. The House of Commons is the source of the vast majority of government ministers and, since 1963, every Prime Minister. The House of Commons evolved at some point during the fourteenth century and has been in continuous existence since. The House of Commons (the "Lower House") was once far less powerful than the House of Lords (the "Upper House"), but is now by far the dominant branch of Parliament. The House of Commons' legislative powers exceed those of the House of Lords; under the Parliament Act 1911, the Upper House's power to reject most bills has been reduced to a mere delaying power. Moreover, the Government of the United Kingdom is answerable to the House of Commons; the Prime Minister stays in office only as long as he or she retains the support of the Lower House. The full, formal style of the House of Commons is The Honourable The Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament Assembled. The term "Commons" derives from the Norman French word communes, meaning "localities." It is often misunderstood that "Commons" is a shortening of the word "commoners" (as opposed to "Lords" in the case of the other House) but this explanation is ahistorical. The House of Commons, like the House of Lords, meets in the Palace of Westminster.

History

Parliament developed from the council that advised the King during mediæval times. This royal council, meeting for short-term periods, included ecclesiastics, noblemen, as well as representatives of the counties (known as "knights of the shire"). The chief duty of the council was to approve taxes proposed by the Crown. In many cases, however, the council demanded the redress of the people's grievances before proceeding to vote on taxation. Thus, it developed legislative powers. In the "Model Parliament" of 1295, representatives of the boroughs (including towns and cities) were also admitted. Thus, it became settled practice that each county send two knights of the shire, and that each borough send two burgesses. At first, the representatives of the boroughs were almost entirely powerless; whilst county representation was fixed, the monarch could enfranchise or disfranchise boroughs at pleasure. Any show of independence by burgesses would have led to the exclusion of their towns from Parliament. The knights of the shire were in a better position, though still less powerful than their aristocratic counterparts in the still unicameral Parliament. The division of Parliament into two houses occurred during the reign of Edward III: the knights and burgesses formed the House of Commons, whilst the clergy and nobility formed the House of Lords. Though they remained subordinate to both the Crown and the Lords, the Commons did act with increasing boldness. During the Good Parliament (1376), the Speaker of the House of Commons, Sir Peter de la Mare, complained of heavy taxes, demanded an accounting of the royal expenditures, and criticised the King's management of the military. The Commons even proceeded to impeach some of the King's ministers. The bold Speaker was imprisoned, but was soon released after the death of King Edward III. During the reign of the next monarch, Richard II, the Commons once again began to impeach errant ministers of the Crown. They insisted that they could not only control taxation, but also public expenditures. Despite such gains in authority, however, the Commons still remained much less powerful than the House of Lords and the Crown. The influence of the Crown was further increased by the civil wars of the late fifteenth century, which destroyed the power of the great nobles. Both houses of Parliament held little power during the ensuing years, and the absolute supremacy of the Sovereign was restored. The domination of the Crown grew even further during the reigns of the monarchs of the Tudor dynasty in the sixteenth century. This trend, however, was somewhat reversed when the House of Stuart came to the English Throne in 1603. The first two Stuart monarchs, James I and Charles I, provoked conflicts with the Commons over issues such as taxation, religion, and royal powers. The bitter differences between Charles I and Parliament were great, and were settled only by the English Civil War. The King was beheaded, and the monarchy and Upper House abolished, in 1649. Although the Commons were in theory supreme, the nation was truly under the control of a military dictator, Oliver Cromwell. The monarchy and the House of Lords were, however, both restored in 1660, soon after Cromwell's death. The influence of the Crown had been lessened, and was further diminished when James II was deposed in the course of the Glorious Revolution (1688). The House of Lords, however, soon returned to its dominant position in Parliament, and would continue to occupy such a position until the nineteenth century. The eighteenth century was notable in that it was marked by the development of the office of Prime Minister. The modern notion that the Government may remain in power only as long as it retains the support of Parliament soon became established. The modern notion that only the support of the House of Commons is necessary, however, was of much later development. Similarly, the custom that the Prime Minister is always a Member of the Lower House, rather than the Upper one, did not evolve immediately. The House of Commons experienced an important period of reform during the nineteenth century. The Crown had made use of its prerogative of enfranchising and disenfranchising boroughs very irregularly, and several anomalies had developed in borough representation. Many towns that were once important but had become inconsiderable by the nineteenth century retained their ancient right of electing two Members each. The most notorious of these "rotten boroughs" was Old Sarum, which had only eleven voters; at the same time, large cities such as Manchester received no separate representation, although their eligible residents were able to vote in the corresponding county seat - in the case of Manchester, Lancashire. Also notable were the pocket boroughs—small constituencies controlled by wealthy landowners and aristocrats, whose "nominees" were invariably elected by the voters.

The Reform Acts and Parliament Acts

The Commons attempted to address these anomalies by passing a Reform Bill in 1831. At first, the House of Lords proved unwilling to pass the bill, but were forced to relent when the Prime Minister, Charles Grey, 2nd Earl Grey, advised King William IV to flood the House of Lords with several pro-Reform Members. Before the King could take such an action, the Lords passed the bill in 1832. The "Reform Act 1832" abolished the rotten boroughs, established uniform voting requirements for the boroughs, and granted representation to populous cities, but also retained many pocket boroughs. In the ensuing years, the Commons grew more assertive, the influence of the House of Lords having been damaged by the Reform Bill Crisis, and the power of the patrons of pocket boroughs having been diminished. The Lords became more reluctant to reject bills that the Commons passed with large majorities, and it became an accepted political principle that the support of the House of Commons alone was necessary for a Prime Minister to remain in office. Many further reforms were introduced during the latter half of the nineteenth century. The Reform Act 1867 lowered property requirements for voting in the boroughs, reduced the representation of the less populous boroughs, and granted parliamentary seats to several growing industrial towns. The electorate was further expanded by the Representation of the People Act 1884, under which property qualifications in the counties were lowered. The Redistribution of Seats Act of the following year replaced almost all multi-member constituencies with single-member constituencies. Redistribution of Seats Act The next important phase in the history of the House of Commons came during the early twentieth century. In 1908, the Liberal Government under Herbert Henry Asquith introduced a number of social welfare programmes, which, together with an expensive arms race with Germany, had forced the Government to seek more funding in the form of tax increases. In 1909, the Chancellor of the Exchequer, David Lloyd George, introduced the "People's Budget", which proposed a new tax targeting wealthy landowners. The unpopular measure, however, failed in the heavily Conservative House of Lords. Having made the powers of the House of Lords a primary campaign issue, the Liberals were re-elected in January 1910. Asquith then proposed that the powers of the House of Lords be severely curtailed. Proceedings on the bill were briefly interrupted by the death of King Edward VII, but were soon recommenced under the new monarch, George V. After fresh elections in December 1910, the Asquith Government secured the passage of a bill to curtail the powers of the House of Lords. The Prime Minister proposed, and the King agreed, that the House of Lords could be flooded by the creation of five hundred new Liberal peers if it failed to pass the bill. (This was the same device used earlier to force the Upper House to consent to the passage of the Reform Act 1832.) The Parliament Act 1911 soon came into effect, destroying the legislative equality of the two Houses of Parliament. The House of Lords was only permitted to delay most legislation for a maximum of three parliamentary sessions or two calendar years—reduced to two sessions or one year by the Parliament Act 1949. Since the passage of these Acts, the House of Commons has remained the dominant branch of Parliament, both in theory and in practice. Historically MPs were unpaid. Most of the men elected to the Commons had private incomes, while a few relied on financial support from a wealthy patron. Early Labour MPs were often provided with a salary by a trade union, but this was declared illegal by a House of Lords judgement of 1910. Consequently a clause was included in the Parliament Act 1911 introducing salaries for MPs. It should be noted that government ministers had always been paid.

Members and elections

Parliament Act 1949 Each Member of Parliament represents a single constituency. Prior to the reforms of the nineteenth century, the constituencies had little basis in population: the counties and the boroughs (whose boundaries were fixed) were, for the most part, equally represented in the Lower House by two Members each. Reforms enacted during the nineteenth century, starting with the Reform Act 1832, led to a more equitable distribution of seats. Moreover, the reforms of 1885 abolished most two-member constituencies; the few that remained were all abolished in 1948. University constituencies (the constituencies that allowed important universities such as Oxford and Cambridge to be represented in Parliament) were abolished in the same year. Thus, each constituency now elects only one Member of Parliament. There is still a technical distinction between county constituencies and borough constituencies, but the only effect of this difference involves the amount of money candidates are allowed to spend during campaigns. The boundaries of the constituencies are determined by four permanent and independent Boundary Commissions, one each for England, Wales, Scotland, and Northern Ireland. The number of constituencies assigned to the four parts of the United Kingdom is based roughly on population, but subject to certain statutory regulations. England, Wales, and Scotland must have a total of approximately 613 constituencies, and Northern Ireland must include between sixteen and eighteen constituencies. By law Wales must have at least 35 Members of Parliament. The Commissions conduct general reviews of electoral boundaries once every eight to twelve years, as well as a number of interim reviews. In drawing boundaries, they are required to take into account local government boundaries, but may deviate from this requirement in order to prevent great disparities in the populations of the various constituencies. The proposals of the Boundary Commissions are subject to parliamentary approval, but may not be amended by Parliament. After the next general review of constituencies, the Boundary Commissions will be absorbed into the Electoral Commission, which was established in 2000.Currently the United Kingdom is divided into 646 constituencies, with 529 in England, 40 in Wales, 59 in Scotland, and 18 in Northern Ireland. General elections occur whenever Parliament is dissolved by the Sovereign. The timing of the dissolution is normally chosen by the Prime Minister (see relationship with the Government below); however, a parliamentary term may not last for more than five years, unless a Bill extending the life of Parliament passes both Houses and receives Royal Assent. The House of Lords, exceptionally, retains its power of veto over such a Bill. Each candidate must submit nomination papers signed by ten registered voters from the constituency, and pay a deposit of £500, which is refunded only if the candidate wins at least five per cent of the vote. The deposit seeks to discourage frivolous candidates. Each constituency returns one Member; the First-Past-the-Post electoral system, under which the candidate with a plurality of votes wins, is used. Minors, members of the House of Lords, prisoners, and insane persons are not qualified to become Members. In order to vote, one must be a resident of the United Kingdom as well as a citizen of the United Kingdom, of a British overseas territory, of the Republic of Ireland, or of a member of the Commonwealth of Nations. Also, British citizens living abroad are allowed to vote for fifteen years after moving from the United Kingdom. No voter may vote in more than one constituency. Once elected, the Member of Parliament normally continues to serve until the next dissolution of Parliament or until death. If a Member, however, ceases to be qualified (see qualifications below), his or her seat falls vacant. It is possible for the House of Commons to expel a Member, but this power is only exercised when the Member has engaged in serious misconduct or criminal activity. In each case, a vacancy may be filled by a by-election in the appropriate constituency. The same electoral system is used as in general elections. The term "Member of Parliament" is normally used only to refer to Members of the House of Commons, even though the House of Lords is also a part of Parliament. Members of the House of Commons may use the post-nominal letters "MP." The annual salary of each Member is £57,485; Members may receive additional salaries in right of other offices they hold (for instance, the Speakership). Most Members also claim between £100,000 and £150,000 for various office expenses (staff costs, postage, travelling, etc) and also for the costs of maintaining a home in London in the case of non-London Members.

Qualifications

There are numerous qualifications that apply to Members of Parliament. Most importantly, one must be aged at least twenty-one years, and must be a citizen of the United Kingdom, of a British overseas territory, of the Republic of Ireland, or of a member of the Commonwealth of Nations, in order to be eligible. These restrictions were introduced by the British Nationality Act 1981, but were previously far more stringent: under the Act of Settlement 1701, only natural-born subjects were qualified. Members of the House of Lords may not serve in the House of Commons. A person may not sit in the House of Commons if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if he or she is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland). Also, lunatics are ineligible to sit in the House of Commons. Under the Mental Health Act 1959, two specialists must report to the Speaker that a Member is suffering from mental illness before a seat can be declared vacant. There also exists a common law precedent from the eighteenth century that the "deaf and dumb" are ineligible to sit in the Lower House. This precedent, however, has not been tested in recent years, and is highly unlikely to be upheld by the courts. Anyone found guilty of high treason may not sit in Parliament until he or she has either completed the term of imprisonment, or received a full pardon from the Crown. Moreover, anyone serving a prison sentence of one year or more is ineligible. Finally, the Representation of the People Act 1983 disqualifies those found guilty of certain election-related offences for ten years. Several other disqualifications are established by the House of Commons Disqualification Act 1975. Holders of high judicial offices, civil servants, members of the regular armed forces, members of foreign legislatures (excluding members of the legislatures of the Republic of Ireland and Commonwealth countries), and holders of several Crown offices listed in the Act are all disqualified. The provisions of the House of Commons Disqualification Act 1975 largely consolidate the clauses of several previous enactments; in particular, several Crown officers had already been disqualified since the passage of the Act of Settlement 1707. Ministers, even though they are paid officers of the Crown, are not disqualified. The rule that precludes certain Crown officers from serving in the House of Commons is used to circumvent a resolution adopted by the House of Commons in 1623, under which Members are not permitted to resign their seats. Should a Member seek to leave, he or she may request appointment to one of two ceremonial Crown offices: that of Crown Steward and Bailiff of the Chiltern Hundreds, or that of Crown Steward and Bailiff of the Manor of Northstead. These offices are sinecures (that is, they involve no actual duties); they exist solely in order to permit the "resignation" of Members of the House of Commons. The Chancellor of the Exchequer is responsible for making the appointment, and, by convention, never refuses to do so when asked by a Member who desires to leave the House of Commons. See resignation from the British House of Commons.

Officers

resignation from the British House of Commons The House of Commons elects a presiding officer, known as the Speaker, at the beginning of each new parliamentary term, and also whenever a vacancy arises. If the incumbent Speaker seeks a new term, the House may re-elect him or her merely by passing a motion; otherwise, a secret ballot is held. A Speaker-elect cannot take office until he or she has been approved by the Sovereign; the granting of the royal approbation, however, is a mere formality. The Speaker is assisted by three Deputy Speakers, the most senior of which holds the title of Chairman of Ways and Means. The two other Deputy Speakers are known as the First and Second Deputy Chairman of Ways and Means. These titles derive from the Committee of Ways and Means, a body over which the Chairman once used to preside; even though the Committee was abolished in 1967, the traditional titles of the Deputy Speakers are still retained. The Speaker and the Deputy Speakers are always Members of the House of Commons. Whilst presiding, the Speaker or Deputy Speaker wears a ceremonial black robe. The presiding officer may also wear a wig, but this tradition has been abandoned by the present Speaker, Michael Martin, and by his predecessor, Betty Boothroyd. The Speaker or Deputy Speaker presides from a chair at the front of the House. The Speaker is Chairman of the House of Commons Commisssion, which oversees the running of the House, and controls debates by calling on Members to speak. If a Member believes that a rule (or Standing Order) has been breached, he or she may raise a "point of order," on which the Speaker makes a ruling that is not subject to any appeal. The Speaker may discipline Members who fail to observe the rules of the House. Thus, the Speaker is far more powerful than his Lords counterpart, the Lord Chancellor, who has no disciplinary powers at all. Customarily, the Speaker and the Deputy Speakers are non-partisan; they do not vote, or participate in the affairs of any political party. By convention, a Speaker seeking re-election is not opposed in his or her constituency by any of the major parties. The lack of partisanship continues even after the Speaker leaves the House of Commons. The Clerk of the House is both the House's chief adviser on matters of procedure and Chief Executive of the House of Commons. He is a permanent official, not a Member of the House itself. The Clerk advises the Speaker on the rules and procedure of the House, signs orders and official communications, and signs and endorses bills. He chairs the Board of Management, which consists of the heads of the six departments of the House. The Clerk's deputy is known as the Clerk Assistant. Another officer of the House is the Serjeant-at-Arms, whose duties include the maintenance of law, order, and security on the House's premises. The Serjeant-at-Arms carries the ceremonial Mace, a symbol of the authority of the Crown and of the House of Commons, into the House each day in front of the Speaker. The Mace is laid upon the Table of the House of Commons during sittings.

Procedure

Mace Like the House of Lords, the House of Commons meets in the Palace of Westminster in London. The Commons Chamber is small and modestly decorated in green, in contrast with the large, lavishly furnished red Lords Chamber. There are benches on two sides of the Chamber, divided by a centre aisle. This arrangement reflects the design of St Stephen's Chapel, which served as the home of the House of Common

Irish House of Lords

Upper house

Common characteristics

Powers

Election or appointment

Abolition

Titles of upper houses

Common ones

Unique titles

See also

Irish House of Commons

Famous members

See also

Act of Union 1800

See also

External links

Woolsack

Black Rod

External link

Lord Lieutenant of Ireland

Official Residence

Role in Government

Irish Attitudes towards the Lord Lieutenant

See also

Further Reading

Peerage of Ireland

Dukes in the Peerage of Ireland

Marquesses in the Peerage of Ireland

Earls in the Peerage of Ireland

Viscounts in the Peerage of Ireland

Barons in the Peerage of Ireland

House of Lords

History

Reform

Lords Spiritual

Lords Temporal

Qualifications

Officers

Procedure

Committees

Legislative functions

Judicial functions

Relationship with the Government

Current composition

See also

References

External links

British House of Commons

History

The Reform Acts and Parliament Acts

Members and elections

Qualifications

Officers

Procedure