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The salisbury convention
Mylène Braissant, Alexis Gourdain, Alice Fournat MAES 2018/ Sorbonne université
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"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 He is an Honorary Senior Research Associate at the Constitution Unit and a member of the Expert Working Group on the EU (Withdrawal) Bill
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Is the Brexit process refashioning political equilibria
Is the Brexit process refashioning political equilibria? The role of the House of Lords & the Salisbury convention
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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
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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
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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
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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
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II. A constitutionnal and political approach to the Salisbury Convention
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II. A. Establishing the Salisbury Convention: a matter of high interest for the peers
Context: Landslide Labour general election victory in 1945
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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 ( )
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II. A. Establishing the Salisbury Convention: a matter of high interest for the peers
Characterising the convention: A sensible proposal? A self-denying ordinance?
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II. B. Content and evolution of the convention: safeguarding manifesto Bills
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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
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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."
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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.
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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
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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.
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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.
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Conclusion
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Dear listeners, thank you for your kind attention!
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SOURCES : The Salisbury Convention : focus-the-salisbury-convention/ convention-pol 110 meddling-8flpjr9qr
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