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The Politics Shed- A Free Text Book for all students of Politics.
Since 1999 when the last Labour government’s House of Lords Act shrank the number of hereditary peers from 758 to 92, life peers have held the majority of seats. Life peers are those appointed by political parties or the House of Lords appointments commission, and as the name suggests, they hold their seat for life.
They are joined by 26 bishops and six judges. The six judicial seats are a remnant of the chamber’s previous role as the highest court of appeal before the creation of the supreme court in 2009.
In another of the historical quirks of the British constitution, not all hereditary peers are created equally: two seats are reserved for the earl marshal and the lord great chamberlain.
The other 90 hereditary peers are chosen in byelections held on the retirement or death of any sitting hereditary peers. Candidates are drawn from the wider pool of remaining hereditary aristocrats, and only those already in the Lords can vote.
When Labour took power last year 2024, hereditary peer byelections were suspended. A government bill introduced last September is likely to pass this year and is expected to lead to the remaining hereditary peers losing their seats at the end of the parliamentary session in July.
Tony Blair’s changes reduced the Lords from 1,210 members to 692. But numbers have surged again, to 836, thanks to enthusiastic use of the power to create new peers by subsequent prime ministers.
Interview with Professor Meg Russell, Director of the Constitution Unit at University College, London, and author of The Contemporary House of Lords: Westminster Bicameralism Revived (Oxford University Press, 2103). Meg is an expert in the workings of the House of Lords
Evaluation of functions:
Evaluation of functions:
Representation
Representation
Positive
In many ways the Lords is more representative than the Commons. Many sections of society and associations are represented by peers who have special links with them and specific experience and knowledge.
Negative
The Lords is unelected and so could be said to represent no one because it is not accountable. It is not socially representative, with a high average age, a shortage of women and ethnic minority members and few members from working-class origins.
Calling government to account Positive Peers are more independent minded than MPs and can be more active in their questioning and criticisms of ministers. Negative There are no departmental select committees in the Lords, so a valuable means by which government can be called to account is missing.
Scrutiny .
Scrutiny .
Positive
The legislative committees in the Lords can be more effective than their counterparts in the Commons. These committees divide much less along party lines and are more independent. Furthermore, the peers who are members of these committees often have special knowledge, expertise and experience in the matters contained in the legislation. February 2025 the Lords voted for an amendment to the Data (Use and Access) Bill. The amendment, for which both Paul McCartney and Elton John had been arguing in the run-up to the vote, would limit the ability of AI companies to ‘scrape’ existing creative work, violating – so the musicians and others argued – their copyright. It remains to be seen if the government accepts the Lords amendment as the Bill, which has now completed its progress through Parliament in the Lords, is debated in the Commons.
Negative
Though the Lords often does propose legislative amendments, it cannot force them through as they may be overturned by the Commons.
Legislating
Legislating
Positive
Laws must go through the House of Lords to be passed. There is therefore knowledge that legislation has been fully scrutinised.
Negative
As an unelected body, the Lords cannot provide legitimation to legislation.
Deliberation
Deliberation
Positive
The House of Lords has two great advantages in deliberating on important issues. First, it has more time to do so than the Commons. Second, the Lords contains a vast well of knowledge and experience among its members.
Negative
The fact that the Lords has weak legislating powers means that its debates may be largely symbolic.
Checking government power
Checking government power
Positive
As its members cannot be controlled by the government, the Lords does, from time to time, act in a very independent way.
Negative
The government has several ways of bypassing obstruction by the Lords. The elected government and House of Commons will ultimately win out over the unelected Lords.
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