Particular knowledge and skills relevant to constitutional matters and human rights

The second chamber’s membership obviously needs to include people with knowledge and expertise in constitutional matters and human rights.

 In other countries, the consideration of constitutional matters and human rights issues is carried out by people of acknowledged independence with extensive legal and judicial experience. In this country, a strong contingent of experienced lawyers should be present in the reformed second chamber to help with this work. As currently, serving Law Lords would need to avoid committing themselves on particular issues which they might subsequently have to rule on. But retired Lords of Appeal in Ordinary or former holders of high judicial office would be free to contribute more fully. However, the consideration of constitutional and human rights matters is not a task which need, or should, be left exclusively to people with judicial experience or to lawyers. People with experience or expert knowledge of human rights issues and international human rights instruments would be required. The reformed second chamber should include members with the knowledge and skills necessary to enable it to discharge effectively its roles in relation to constitutional matters and human rights issues.

b) Use the following characteristics to describe the chambers – their powers, membership and proceedings – in your national legislature:

·  authoritative;

·  confident;

·  broadly representative;

·  breadth of expertise and a broad range of experience;

·  particular knowledge and skills relevant to constitutional matters and human rights;

·  an ability to bring philosophical, moral or spiritual perspectives to bear;

·  personal distinction;

·  freedom from party domination;

·  a non-polemical style;

·  the ability to take a long-term view;

·  the extent to which the second chamber’s members are broadly representative of the changing society which it seeks to serve;

·  the breadth of experience and range of expertise which they possess;

·  their individual personal distinction;

·  the quality of the arguments they can bring to bear;

·  their ability to exercise an unfettered judgement, relatively free from partisan political control;

·  regional representation;

·  gender balance;

·  representation for ethnic and other minorities;

·  vocational representation;

·  appropriate representation for voluntary, cultural, sporting and other organizations.

Task VIII. a) Read the following texts and say whether titles and names are important;

            b) Comment on the names of the legislature and its houses in your country. 

Titles of members

 The decision to sever the automatic link between the peerage and membership of the chamber means that a new title for members will be required. This is not a central issue, but the title adopted will symbolise the nature and style of the new institution and its members.

New members of the reformed second chamber will enter through appointment by the independent Appointments Commission, whether by virtue of selection as a regional member or by the Appointments Commission itself, or by virtue of appointment as a Lord of Appeal in Ordinary or as a representative of the Church of England. Possession of a peerage should no longer be a necessary qualification for membership of the second chamber, and new members should not be offered a peerage in that connection.

 The future of the peerage itself is not a matter on which we need express a view. However, we would expect that it would remain open to the Prime Minister to recommend award of a peerage in recognition of a person’s merit and achievements. Possession of a peerage should not be a bar to membership of the reformed second chamber and members of the chamber should not be precluded from accepting peerages; but the two should be completely distinct.

Titles of members

 The decision to sever the automatic link between the peerage and membership of the chamber means that a new title for members will be required. This is not a central issue, but the title adopted will symbolise the nature and style of the new institution and its members.

 Some have suggested that members of the reformed second chamber should adopt the suffix LP (Lord/Lady of Parliament) and the courtesy title ‘Lord/Lady’. This option would signal and symbolise the elements of continuity from the present House of Lords, which we believe should be sustained. It would also reflect the fact that for at least the first few years of its existence, until new members came to outnumber the remaining life peers, the reformed second chamber would continue to have a majority of Lords (and Ladies) among its members. There would be no need to change the name of the chamber and many of the formal usages could be left unaltered. While there might be a risk of confusion with the title ‘Lord of Parliament’ held by Church of England bishops and some members of the Scottish peerage, the numbers involved are sufficiently small as to suggest this would be a minor issue. Thus, possession of a peerage is no longer a necessary qualification for membership of the second chamber, and new members should not be offered a peerage in that connection.

 Others have proposed that a fresh chamber needs a fresh start. A change of title could clarify the changed nature of entry to the reformed second chamber and its separation from the peerage. They suggest that there would be a considerable risk of confusion between the Lords/Ladies of Parliament who were members of the second chamber but not peers, the Lords/Ladies who were peers but not members of the second chamber and, potentially, the Lords/Ladies who were peers and might be elected to the House of Commons. Alternative titles would be ‘State Counsellor’ and ‘Senator’/‘Senator of Parliament’. The former has little to commend it and could easily be confused with local government ‘councillor’. By contrast, ‘Senator’ has the great advantage of being generally understood as referring to a member of a country’s second chamber.

Name of the chamber

 Should members of the second chamber be known as Lords/Ladies of Parliament, this would allow many of the traditions and usages of the current House of Lords to continue and would not require any change in the name of the chamber. A change would be required, however, if members of the reformed second chamber were to receive the title

Senator/Senator of Parliament. In this country, we are accustomed to our two national legislative chambers being ‘Houses’ of Parliament. This would imply that the reformed second chamber should be known as the House of Senators.

These issues are not central to the successful reform of the second chamber and there are arguments in favour of each of the options canvassed above. We consider that the situation should be left to evolve. Parliament should determine whether, in time, the reformed second chamber should be called something other than the House of Lords and its members given a new title.

 

 

TEXT 7   Composition of the Modern House of Commons

 

The House of Commons is a representative assembly elected by universal adult suffrage, and consists of men and women (members of Parliament, “MPs”) from all sections of the community, regardless of income or occupation.

The UK Parliament has MPs from areas across England, Scotland, Wales and Northern Ireland. In addition, there is a Parliament in Scotland, a National Assembly in Wales and a National Assembly in Northern Ireland.

The UK has many political parties, the main three being Labour, Conservative and Liberal Democrats. These three work in both the House of Commons and House of Lords.

The UK public elects 650 Members of Parliament (MPs) to represent their interests and concerns in the House of Commons. MPs consider and propose new laws, and can scrutinise government policies by asking ministers questions about current issues either in the Commons Chamber or in Committees. As a representative of the ordinary citizen, an MP may challenge the policy put forward by a minister during a debate on a particular bill in the second reading or, as regularly happens, may put forward amendments at committee stage, through the institution of parliamentary questions and answers as well as during adjournment debates or during the debates on “Opposition days”. In addition, the expenditure, administration and policy of the principal government departments is closely scrutinized by the select committees of the House of Commons.

The House of Commons was originally far less powerful than the House of Lords, but today its legislative powers greatly exceed those of the Lords. Under the Parliament Act 1911, the Lords’ power to reject most legislative bills was reduced to a delaying power. Moreover, the Government is primarily responsible to the House of Commons; the prime minister stays in office only as long as he or she retains its support. Almost all government ministers are drawn from the House of Commons and, with one exception, all prime ministers since 1902.

The UK is divided into 650 areas called constituencies. During an election everyone eligible to cast a vote in a constituency (constituents) selects one candidate to be their MP. To stand as an MP a person must be aged 18 or over, a citizen of the UK, Commonwealth or the Republic of Ireland, and not disqualified. The candidate who gets the most votes becomes the MP for that area until the next election. In a general election, all constituencies become vacant and a Member of Parliament is elected for each from a list of candidates standing for election. General elections commonly happen every four to five years, after a Parliament has been dissolved and a new one summoned by the Sovereign. If a person stands down as an MP a by-election is held in that constituency alone to find a new MP for that area. A by-election occurs when a seat in the House of Commons becomes vacant during the lifetime of a Parliament (i.e. between general elections), because the sitting MP dies, resigns (by applying for the Chiltern Hundreds), is elevated to the peerage, or becomes ineligible to sit for some other reason.

Members of the House of Commons hold their seats until Parliament is dissolved (a maximum of five years after the preceding election). An MP who wishes to resign has to go through the process of applying for a paid office of the Crown, which automatically disqualifies the MP from holding a seat in the House of Commons.

The Speaker is the chief officer and highest authority of the House of Commons.

The Speakership under its present title dates back to 1377. But until the seventeenth century, the Speaker was often an agent of the King, although they were often blamed if they delivered news from Parliament that the King did not like. And only in the mid-nineteenth century it became the norm that the Speaker should remain politically impartial.

The Speaker of the House of Commons chairs debates in the Commons chamber. During debates he keeps order and calls MPs to speak. The Speaker also represents the Commons to the monarch, the Lords and other authorities and chairs the House of Commons Commission. The Speaker must be above party politics at all times.

The holder of this office is an MP who has been elected by other Members of Parliament. Under the new system which came into effect in 2007 and was first used in June 2009 candidates must be nominated by at least twelve members, of whom at least three must be of a different party from the candidate. Each member may nominate no more than one candidate. The candidate should then receive more than half the votes by secret ballot in the House.

Speakers still stand in general elections. During a general election, Speakers do not campaign on any political issues but simply stand as ‘the Speaker seeking re-election’.

The State Opening of Parliament marks the beginning of the parliamentary session. Its main purpose is for the monarch formally to open Parliament and, in the Queen’s Speech, deliver an outline of the Government’s proposed policies, legislation for the coming session and a review of the last session. State Opening is the main ceremonial event of the parliamentary calendar, attracting large crowds, both in person and watching on television and the internet. The Queen’s procession from Buckingham Palace to Westminster is escorted by the Household Cavalry. The Queen’s Speech is delivered by the Queen from the Throne in the House of Lords, in the presence of Members of both Houses.

Notes

An adjournment debate – a way in the Commons of having a general debate without requiring the House to vote. There is a half-hour adjournment debate at the end of each day’s sitting. Members apply for an adjournment debate to the Speakers Office. Subject matters of adjournment debates are varied. The MP who tabled the relevant adjournment debate is called to speak and a Minister will reply. The MP has no right of response, but can intervene in the Minister’s speech if he or she is willing to allow it (called ‘giving way’).

In Parliamentary law adjourn means ‘to end or postpone the current meeting’. The unqualified motion to adjourn terminates the meeting. A motion is put forward that the House should adjourn (the day’s business is finished), but it’s not actually answered and the adjournment debates are held. At the end of the half-hour debate the motion for the adjournment of the House is put forward again and agreed to - signalling the end of the day’s business.

Apply for theChiltern Hundreds – A way for an MP to resign. Under a Resolution of the House of 2 March 1624, Members of Parliament cannot directly resign their seat. Therefore a Member wishing to resign has to go through the process of applying for a paid office of the Crown. Stewardship of the Chiltern Hundreds is an appointment that, as a nominal office of profit under the Crown, disqualifies its holder from membership of the House of Commons. Although the appointment has been a sinecure since the 18^th century, it has been retained as a disqualifying office to enable members to give up their seats during the lifetime of a parliament (a member cannot by law resign his seat). After obtaining the stewardship (an application for which is never refused), the member resigns the office so as to make it available for re-use. A second office used for the same purpose is the stewardship of the Manor of Northstead. The law relating to both these offices is now contained in the House of Commons Disqualification Act 1975.

Opposition Days – Days allocated in the House of Commons in each session for the discussion of subjects chosen by the Opposition. There are 20 days allocated for this purpose per session and the Opposition generally uses them to raise questions of policy and administration.

 

Task I. Use the following expressions to describe 1) the elected chamber of the UK Parliament; 2) the elected chamber of the national legislature in your country:

universal adult suffrage all sections of the community regardless of income or occupation represent their interests and concerns consider and propose new laws scrutinise government policies questions about current issues put forward amendments eligible to cast a vote challenge the policy

exceed the powers put forward amendments secret ballot parliamentary session at committee stage a by-election is held become ineligible to sit for some reason come into effect deliver a speech elevate to the peerage

 

Task II. a) Use a law dictionary or GLOSSARY to define the following concepts,:

suffrage, institution, a delaying power, eligible/ineligible, qualified/disqualified, dissolve, nominate.

b) Use nomination, ineligible,  delaying power, qualified, nominating, eligible, institution, dissolved, delaying power,disqualified, nominations,ineligible, suffrage, institutions,eligible, nominations, eligible, dissolved,  power to delay, disqualified, nominating in the following sentences, translate the sentences:

1. The decision to sever the automatic link between the peerage and membership of the chamber means that a new title for members will be required. This is not a central issue, but the title adopted will symbolise the nature and style of the new … and its members.

2. There is no system of inviting widespread … and assessing candidates through a hierarchy of expert assessment groups as there is for the honours system.

3. Whether a two-term President could be elected or appointed Vice President depends upon the meaning of the Twelfth Amendment, which provides that ‘‘no person constitutionally … to the office of President shall be … to that of Vice-President.’’

4. Bagehot divided the … of the British state into two categories: the “dignified parts…, which excite and preserve the reverence of the population” and the “efficient parts… those by which it, in fact, works and rules.”

5. Employees who suffer from occupational diseases are … for workers' compensation.

6. The Prime Minister forwards the resulting list of … to the Queen.

7. Federal employees were … from accepting or holding any position in the Government or the District of Columbia if they belonged to an organization that they knew advocated the overthrow of our constitutional form of government.

8. Under the current system for appointing life peers to the House of Lords, the parties have been good at … at least some people who are not professional politicians, who are personally distinguished in their own right and who sometimes take a relatively independent line.

9. Immunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights is called … immunity.

10. But if the parties were … candidates for election, their criteria would be likely to change.

11. Since Congress may not supersede the power of a State to determine how a corporation shall be formed, supervised, and …, a corporation, which has been …. by a decree of a state court, may not file a petition for reorganization under the Bankruptcy Act.

12. It would be easy for small groups within particular professions or sectors of society to dominate and control the … process.

13. A trust to provide for the needs of a disabled person may terminate if the beneficiary becomes … for a government-benefits program such as Medicaid.

14. Although the Conservative majority in the Lords adopted the self-denying ordinance of the ‘Salisbury Convention’ under which they did not reject Bills fulfilling manifesto commitments – the Government decided to reduce the length of the Lords’ … .

15. If an applicant is certified to be … for naturalization, the oath of allegiance may be administered by the Attorney General, a federal district court, or a state court of record.

16. Parliament Act 1949.This Act reduced the Lords’ … from a minimum of two years to a minimum of one.

17. The Court struck down state statutes which either wholly … resident aliens for welfare assistance or imposed a lengthy durational residency requirement on eligibility.

18. The legislative power, the Framers both knew and feared, was predominant in a society dependent upon the … of the people, and it was important to have a precaution against the triumph of transient majorities.

19. In addition, the House of Lords’ … Bills would be reduced to six months and its power to veto secondary legislation abolished.

 

Task III. Define the meanings of the word authority in the following sentences. Find more examples with it.

The Speaker is the chief officer and highest authority of the House of Commons.

The Speaker also represents the Commons to the monarch, the Lords and other authorities and chairs the House of Commons Commission. The Speaker must be above party at all times.

Task IV. Fill in the blanks with prepositions where necessary:

to chair … debates, regardless … income, a debate … a particular bill, … the second reading, … committee stage, to stay … office, … some other reason, to disqualify the MP … holding a seat.

Task V. Read the following texts to discuss the differences in law-making process in the House of Commons and in the House of Lords:

In the Commons, the growth of party feeling and the obstructionist tactics of Irish Nationalist MPs led to the rights of individual MPs being progressively restricted to ensure that the Government’s business was processed. The guillotine, time limits, selection and grouping of amendments, and controls on opportunities for debate were the main tools employed. As a result, the Speaker was granted substantial powers, including responsibility for controlling debate and the conduct of MPs in the chamber. The only major aspect of the chamber not under the Speaker’s authority is the business of the House, which remains in the hands of the Leader of the House of Commons on behalf of the Government. Similar trends have been observed in lower chambers around the world.

One consequence of the variation in procedural styles adopted by the two Houses is that they may reach different decisions on procedural matters with regard to legislation. For example, in the Commons, the decision whether a proposed amendment is relevant or should be called for debate is the Speaker’s alone. In the Lords, the relevance of amendments is decided by the House as a whole, while the member moving an amendment can insist on it being debated and decided separately. As a result, an amendment ruled out of order in the Commons may be debated and passed in the Lords. Similarly, while the rules as to whether a Bill is hybrid are the same in both Houses, the Government can use its majority in the Commons to dispense with the relevant Standing Order, and so treat the Bill as if it were not hybrid. The Government cannot rely on being able to do this in the Lords.

Although these features may appear somewhat inconsistent, they are an inevitable consequence of the different approaches to procedure taken by the two Houses. The benefits for the work of the second chamber flowing from open procedures are such that inconsistencies of this sort are a relatively minor price to pay. This approach to procedure provides for a more relaxed pace of business and allows greater time for detailed consideration and reflection than does the more hurried and regulated approach generally adopted by first chambers. It does, however, increase the risk of filibustering. The absence of any mechanism to ensure that Government business is dealt with within a reasonable time frame can result in deadlock, such as is regularly experienced in the United States Congress. In the case of the second chamber, it is necessary that the freedoms associated with open procedures should be tempered with acknowledgement of political reality. Most legislation is proposed by a Government which has a majority in the House of Commons, the pre-eminent House of Parliament, that is based upon its victory in a general election. As we have noted in earlier chapters, it would not be appropriate in these circumstances for the second chamber to seek to delay Government business purely by procedural means. Therefore, while the benefits of open procedures are significant, we reaffirm our earlier recommendation that it is essential they be accompanied by a convention that all Government business be considered within a reasonable time.

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