2.1 The structure and role of the House of Commons and House of Lords
The selection of members of the HoC and HoL, including different types of Peers; the main functions of the
HoC and HoL and the extent to which these functions are fulfilled
The House of Commons
The House of Commons is a democratically elected chamber of 650 MP’s, it is the primary chamber in
Parliament although it is referred to as the lower chamber while the House of Lords is the upper
chamber. Each MP is elected in a single member constituency using the First past the post electoral
system EG Fabian Hamilton was elected in 2019 to represent Leeds North East. The number of MP’s is
not fixed but proposals to cut the number to 600 have been dropped.
In the Commons chamber the governing party sits on the benches to the right of the Speaker’s chair
and the opposition sit on the benches to the left. About 100 MP’s can be expected to be appointed to a
ministerial position in the government EG Stuart Andrew MP for Pudsey is also a Minister in the
Department for Levelling Up, Housing and Communities. The main opposition party appoints Shadow
ministers and both ministers and shadow ministers are known as frontbenchers because they occupy
the benches closest to the floor of the chamber, while MPs without ministerial or shadow ministerial
positions are known as backbenchers.
Most MP’s elected represent a political party and historically there have been few Independents. MP’s
will remain in office until the next general election and this period of office can be no longer than 5
years, the next election is therefore due in 2024 unless the current PM opted to ask the King to
dissolve Parliament to trigger an earlier election.
The House of Lords
The House of Lords is an unelected chamber, it is subordinate to the House of Commons. Members are
known as Peers, they are unpaid but can claim a daily attendance allowance of £166 as well as travel
expenses. The House of Lords is chaired by the Lord Speaker who is elected by the peers and is
politically neutral, the current Lord Speaker is Baron McFall of Alcluith who was elected in 2021.
Hereditary Peers – Before 1999 the Lords had over 700 hereditary peers who inherited their title
and place in the upper chamber. The Peerages Act 1963 allowed hereditary peers to renounce their
titles and membership of the Lords and also allowed for female hereditary peers to sit in the Lords.
The House of Lords Act 1999 ended the right of all but 92 hereditary peers to sit and vote in the Lords.
When one of these peers resigns or dies a by election is held in which peers from the same group
choose a replacement from the register of hereditary peers. EG After the Earl of Listowel retired (he
sat as a crossbencher), Lord Hampton was elected by crossbench peers to replace him.
Life Peers – The Life Peerages Act gave the PM the right to appoint members to the House of Lords for
life. Their title cannot be inherited. The independent House of Lords Appointments Commission
recommends individuals for appointments as crossbenchers and vets those nominated by political
parties although its role is only advisory and PM’s can ignore it as Boris Johnson did when appointing
Lord Lebedev.
Has the House of Lords become more diverse and professional in recent years?
Creation of Life Peers, 1958
This began moving the Lords away from being an overwhelmingly hereditary chamber. This increased
the Lords’ sense of legitimacy
Hereditary peers and the conservative whip
Another consequence of the departure of most hereditary peers was that the traditional dominance of
the House by the Conservative Party came to an end. Crossbenchers and independent peers are more
, common now. No party now has overall control of the Lords and so careful management of the House
has become more important for governments. The people who are appointed have proved themselves
in their professions – meaning the HoL, since there has been less hereditary peers and the
introduction of Life Peers, has become more professional and more diverse.
Female representation
1997 – 10%. Another issue is that although there has been considerable improvement since the
1980s, the Commons is still not truly representative of society as a whole. 29% of MPs elected in May
2015 were female – an increase on the 2010 figure, which was 22% - compared to 51% of the UK
population. In 2022, it is 1/3 women
House of Lords Reform Act 2014
It has allowed Lords to leave (resign, retire)
750 life peers created between 1997 and 2020
Makes second chamber too large and too inefficient
2017 Burns Report recommendations about membership
Recommended a 600-member maximum and a maximum 15-year term for the HoL – rejected
2007 White Paper on House of Lords reform - A Hybrid House.
Recommended some form of election – rejected
House of Lords Bill 2012
Proposed a part-elected, part-appointed HoL – rejected
If the HoL was elected the HoL and HoC would both have a mandate to govern (because they have
both been voted by the people) and (like in the US), this could lead to gridlock
The three main functions of the HoC and the HoL
Both the Commons and the Lords perform three main functions
Legislative function – passing laws. Both House of Pment review the laws government wishes to pass
and, after debating and scrutinising them, Pment is generally expected to pass them. The Commons
can amend legislation and ultimately veto it. The Lords can suggest amendments, but does not have
the power to veto laws, only to delay them for a year
Scrutinising function – holding the executive to account
Representative function – representing the electorate including providing ministers for the
government.
Evaluate the view that both Houses of Parliament fail to carry out their main functions
Legislative function
Parliamentary sovereignty
Over the years, Parliament has passed laws that limit the application of parliamentary sovereignty.
These laws reflect political developments both within and outside the UK. They include:
The devolution of power to bodies like the Scottish Parliament and Senedd Cymru.
The Human Rights Act 1998.
The decision to establish a UK Supreme Court in 2009, which ends the House of Lords function
as the UK's final court of appeal.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller abbysrevision. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.49. You're not tied to anything after your purchase.