This House of Lords Library Briefing provides lists of government defeats in the House of Lords on delegated legislation by parliamentary session (from 1997–98 to 2017–19) and calendar year (from 1950 to 2019), as well as listing the five defeats on ‘fatal’ motions.
Government Defeats in the House of Lords on Delegated Legislation (53KB Excel spreadsheet, XLSX)
Some of the divisions on delegated legislation in the House of Lords have been attempts to reject the legislation. These are often called ‘fatal’ amendments in that they have the effect of withholding the House’s agreement. Other divisions have taken place on amendments that have sought to place on record an objection to an SI, whilst stopping short of rejecting it altogether. These are often called ‘non-fatal’ amendments. Both terms are informal and do not feature in the Companion to the Standing Orders.
On 26 October 2015 the House agreed to two amendments to the motion to approve the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015. Both amendments to the approval motion sought to delay consideration of the regulations until certain conditions were met. There was some discussion regarding whether the two amendments could be accurately defined as either fatal, in that they did not approve the regulations, or non-fatal, as they delayed, or declined to consider, the regulations until certain conditions had been met, rather than rejecting them outright. This appears to have been the first time amendments have been passed to decline to consider an instrument.
The Excel tables provide a breakdown of government defeats on delegated legislation in the House of Lords by parliamentary session and calendar year and categorise them as being on either fatal or non-fatal motions; the two defeats on the Tax Credits (Income thresholds and Determination of Rates) (Amendment) Regulations 2015 have been categorised as delaying motions. The table also lists the five instruments since 1950 that have been subject to a ‘fatal’ defeat.
Government Defeats in the House of Lords on Delegated Legislation (53KB Excel spreadsheet, XLSX)
The House of Lords (Alternative Second Chamber Bill) [HL] is a private member’s bill introduced by Baroness Smith of Llanfaes (Plaid Cymru). It would require the secretary of state to carry out a consultation regarding proposals for replacing the House of Lords with an alternative second chamber. The bill specifies whom the secretary of state would be required to consult with and the timeframe of that consultation.
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The bill is a government bill that would make a range of changes to the legal framework concerning elections, including extending the franchise for UK parliamentary elections and other reserved elections to 16- and 17-year-olds. The bill was amended during both its committee and report stages in the House of Commons, with many of the government’s later amendments implementing recommendations from the Rycroft review on countering foreign financial influence and interference in UK politics.
Social media and other technologies have made it easier, quicker and cheaper for foreign powers to spread false information online aimed at undermining UK democracy. Such disinformation campaigns are one type of interference operation. In parallel, researchers have noted a link between declining public trust and societal polarisation, which can be exacerbated by online discourse. This briefing provides introductory reading to these issues, including recent reports and government announcements.
