The salisbury convention Mylène Braissant, Alexis Gourdain, Alice Fournat MAES 2018/2019 - Sorbonne université

"What is the Salisbury convention, and have the Lords broken it over Brexit?"  Published on the 22nd of June 2018 on The Constitution Unit.  The Constitution Unit in the Department of Political Science at University College London is the UK's leading research body on constitutional change. Sir David Beamish was Clerk of the Parliaments, the most senior official in the House of Lords, from 2011 to 2017. He is an Honorary Senior Research Associate at the Constitution Unit and a member of the Expert Working Group on the EU (Withdrawal) Bill

Is the Brexit process refashioning political equilibria Is the Brexit process refashioning political equilibria? The role of the House of Lords & the Salisbury convention

I - An overview of the British political system: the House of Lords & the legislative process II - A constitutionnal and political approach to the Salisbury Convention III – The House of Lords and Brexit

I. A. The legislative process in the UK, from a Bill to an Act of Parliament  Green Paper : government's ideas, opens discussions   White Paper : outlines  1st Reading : formality  2nd reading : debate  Committee Stage : examination and amendments  Report Stage  3rd Reading : final vote  "Ping-pong" between both Houses until agreement  Royal Assent by the Monarch  Act of Parliament 

I. B. The unwritten Constitution and its impact on the composition and role of the House of Lords  British Constitution Gathering of texts = statute law, common law & parliamentary converntions  1215 Magna Carta … 1911 & 1949 Parliament Acts  1958 Life Peerages Act: lifetime peerages  1999 House of Lords Act: no hereditary peers

Which role? Who's in the House of Lords? 3 main tasks: question and challenge the government, shape laws, investigate issues  Around 800 Lords VS 650 MPs  Lords Spiritual VS Lords Temporal (Life Peers)  Chosen for their knowledge and experience  Represent area of interest VS Region of the country  1/5 women  Unelected and sit for life 

II. A constitutionnal and political approach to the Salisbury Convention 

II. A. Establishing the Salisbury Convention: a matter of high interest for the peers Context: Landslide Labour general election victory in 1945 

The Salisbury-Addison Convention (1945) is an understanding between The Marquess of Salisbury Leader of the Conservative  Opposition in the Lords The Viscount Addison Labourite Leader of the House of Lords (1945-1951)

II. A. Establishing the Salisbury Convention: a matter of high interest for the peers Characterising the convention: A sensible proposal? A self-denying ordinance?  

II. B. Content and evolution of the  convention: safeguarding manifesto Bills

A manifesto Bill is accorded a Second Reading; II. B. Content and evolution of the convention: safeguarding manifesto Bills Contemporary content:  ‘In the House of Lords: A manifesto Bill is accorded a Second Reading; A manifesto Bill is not subject to ‘wrecking amendments’ which change the Government’s manifesto intention as proposed in the Bill; and A manifesto Bill is passed and sent (or returned) to the House of Commons, so that they have the opportunity, in reasonable time, to consider the Bill or any amendments the Lords may wish to propose.’ According to the Joint Committee of 2006

II. C. The doctrinal nature of the convention and its effect on contemporary British politics  To codify the convention? The Joint Committee of 2006: " We recommend that in future the Convention be described as the Government Bill Convention."

II. C. The doctrinal nature of the convention and its effect on contemporary British politics  Consequences: According to the House of Lords Constitution Committee, the convention does not apply to coalition governments. However, according to the current Leader of the House of Lords, the convention does hold for both coalition and minority governments There is no consensus across the political spectrum and within the various institutions -> the effects of the convention remain subjected to discussions. 

III. A. The controversial amendments tabled by the House of Lords during the Brexit negotiations:  Remaining in the EEA (European Economic Area) Parliamentary approval of the outcome of negotiations with the European Union

III. B. Has the House of Lords breached the Salisbury convention so far?   Pros:  1. Some of the amendments exceed their powers: which should not go beyond scrutinising and revising the legislation. 2. They added new amendments designed to trigger a second referendum, to keep the UK in the customs union and to effectively take over the negotiation with the European Union.

III.B - Has the House of Lords breached the Salisbury convention so far?  Cons: 1. The referendum asked a question only about leaving the European Union and not about what the EU-UK relationship would look like. 2. The great majority of the 196 House of Lords amendments were introduced by the government. The others are inviting the House of Commons to think again by putting forward amendments designed to improve the bill. 3. The controversial amendment as we have seen earlier of requiring a second referendum might have been seen as wrecking but the HoL has rejected this amendment made by the LibDem.

Conclusion 

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SOURCES : The Salisbury Convention : https://politicsteaching.com/2017/11/28/uk-government-in- focus-the-salisbury-convention/ https://prezi.com/zxbjhbjaylfj/house-of-lords-presentation/ https://fr.slideshare.net/marjemaasen/the-house-of-lords-presentation-final https://www.youtube.com/watch?v=FVHZycPVRsg https://www.youtube.com/watch?v=urwQuL4pQmg http://www.politics.co.uk/reference/house-of-lords-guide-to-legislation-sailsbury- convention-pol https://publications.parliament.uk/pa/jt200506/jtselect/jtconv/265/26506.htm#note 110 https://www.parliament.uk/site-information/glossary/salisbury-doctrine/ https://www.thetimes.co.uk/article/may-must-get-tough-with-lords-to-stop-the-brexit- meddling-8flpjr9qr