Parliament Act and the Premiership

In addition to being the leader of a great political party and the head of Her Majesty's Government, the modern Prime Minister is the leader of the House of Commons. From this commanding position, the Prime Minister directs the law-making process, enacting into law his party’s programme. For example, former Prime Minister Tony Blair, whose Labour party was elected in 1997 partly on a promise to enact a British Bill of Rights and to create devolved governments for Scotland and Wales, subsequently stewarded through Parliament the Human Rights Act (1998), the Scotland Act (1998) and the Government of Wales Act (1998).

From its appearance in the 14th century, Parliament has been a bicameral legislature consisting of the Commons and the Lords. Members of the Commons are elected; those in the Lords are not. Most Lords are called "Temporal" with titles such as Duke, Marquess, Earl and Viscount. The balance are Lords Spiritual (prelates of the Anglican Church).

For most of the history of the Upper House, Lords Temporal were land owners who held their estates, titles and seats as an hereditary right passed down from one generation to the next in some cases for centuries. In 1910, for example, there were nineteen whose title was created before 1500.^{[69][70][71][72]}

Until 1911, Prime Ministers had to guide legislation through the Commons and the Lords and obtain a majority approval in both to translate it into law. This was not always easy because political differences usually separated the chambers. Representing the landed aristocracy, Lords Temporal were generally Tory (later Conservative) who wanted to maintain the status quo and resisted progressive measures such as extending the franchise. The party affiliation of members of the Commons was less predictable. During the 18th century, its makeup varied because the Lords had considerable control over elections: sometimes Whigs dominated it, sometimes Tories. After the passage of the Great Reform Bill in 1832, the Commons gradually became more progressive, a tendency that increased with the passage of each subsequent expansion of the franchise.

In 1906, the Liberal party, led by Sir Henry Campbell-Bannerman, won an overwhelming victory on a platform that promised social reforms for the working class. With 379 seats compared to the Conservatives' 132, the Liberals could confidently expect to pass their legislative programme through the Commons.^[73][74] At the same time, however, the Conservative Party had a huge majority in the Lords; it could easily veto any legislation passed by the Commons that was against their interests.^[75]

For five years, the Commons and the Lords fought over one bill after another. The Liberals pushed through parts of their programme, but the Conservatives vetoed or modified others. When the Lords vetoed the "People's Budget" in 1909, the controversy moved almost inevitably toward a constitutional crisis.^[76]

An important vote: the House of Lords voting for the Parliament Act 1911. From the Drawing by S. Begg The Parliament Act 1911 eliminated the Lords’ veto power over legislation approved by the House of Commons. Indirectly, it also further enhanced the dominance of the Prime Minister in the constitutional hierarchy.

In 1910, Prime Minister Herbert Asquith ^[77] introduced a bill "for regulating the relations between the Houses of Parliament" which would eliminate the Lords' veto power over legislation. Passed by the Commons, the Lords rejected it. In a general election fought on this issue, the Liberals were weakened but still had a comfortable majority. At Asquith's request, King George V then threatened to create a sufficient number of new Liberal Peers to ensure the bill's passage. Rather than accept a permanent Liberal majority, the Conservative Lords yielded, and the bill became law.^[78]

The Parliament Act 1911 established the supremacy of the Commons. It provided that the Lords could not delay for more than one month any bill certified by the Speaker of the Commons as a money bill. Furthermore, the act provided that any bill rejected by the Lords would nevertheless become law if passed by the Commons in three successive sessions provided that two years had elapsed since its original passage. The Lords could still delay or suspend the enactment of legislation but could no longer veto it.^[79][80] Subsequently the Lords “suspending” power was reduced to one year by the Parliament Act 1949.

Indirectly, the Act enhanced the already dominant position of Prime Minister in the constitutional hierarchy. Although the Lords are still involved in the legislative process and the Prime Minister must still guide legislation through both Houses, the Lords no longer have the power to veto or even delay enactment of legislation passed by the Commons. Provided that he controls the Cabinet, maintains party discipline, and commands a majority in the Commons, the Prime Minister is assured of putting through his legislative agenda.

[edit] "Presidential" Premiership

The role and power of the Prime Minister have been subject to much change in the last fifty years. There has gradually been a change from Cabinet decision making and deliberation to the dominance of the Prime Minister. As early as 1965, in a new introduction to Walter Bagehot's classic work The English Constitution, Richard Crossman identified a new era of "Prime Ministerial" government. Some commentators, such as the political scientist Michael Foley, have argued there is a de facto "British Presidency". In Tony Blair's government, many sources such as former ministers have suggested that decision-making was centred around him and Gordon Brown, and the Cabinet was no longer used for decision making.^[81] Former ministers such as Clare Short and Chris Smith have criticised the lack of decision-making power in Cabinet. When she resigned, Short denounced "the centralisation of power into the hands of the Prime Minister and an increasingly small number of advisers"^[82] The Butler Review of 2004 condemned Blair's style of "sofa government".

Prime Ministers may dominate the Cabinet so much that they become "Semi-Presidents". Examples include William Ewart Gladstone, David Lloyd George, Neville Chamberlain, Winston Churchill, Margaret Thatcher, and Tony Blair. The powers of some Prime Ministers waxed or waned, depending upon their own level of energy, political skills or outside events: Ramsay MacDonald, for example, was dominant in his Labour governments, but during his National Government his powers diminished so that he was merely the figurehead of the government. In modern times, Prime Ministers have never been merely titular; dominant or somewhat dominant personalities are the norm.

Generally, however, the Prime Minister is held responsible by the nation for the consequences of legislation or of general government policy. Margaret Thatcher's party forced her from power after the introduction of the poll tax; Sir Anthony Eden fell from power following the Suez Crisis; and Neville Chamberlain resigned after being criticised for his handling of negotiations with Germany prior to the outbreak of World War II, and for failing to prevent the fall of Norway to the Nazi onslaught.

The Prime Minister's powers are also limited by the House of Commons, whose support the Government is obliged to maintain. The Commons checks the powers of the Prime Minister through committee hearings and through Question Time, a weekly occurrence in which the Prime Minister is obliged to respond to the questions of the Leader of the Opposition and other members of the House. In practice, however, a Government with a strong majority need rarely fear "backbench rebellions".

[edit] Powers and constraints

When commissioned by the Sovereign, a potential Prime Minister's first requisite is to "form a Government" – create a cabinet of ministry that has the support of the House of Commons, of which they are expected to be a member. The Prime Minister then formally kisses the hands of his Sovereign, whose royal prerogative is thereafter exercised solely on the advice of the Prime Minister and Her Majesty's Government ("HMG"). The Prime Minister has weekly audiences with the Sovereign, whose functions are constitutionally limited "to advise, to be consulted, and to warn"; the extent of the Sovereign's ability to influence the nature of the Prime Ministerial advice is unknown, but presumably varies depending upon the personal relationship between the Sovereign and the Prime Minister of the day.

The Prime Minister will appoint all other cabinet members (who then become active Privy Councilors) and ministers, although consulting senior ministers on their junior ministers, without any Parliamentary or other control or process over these powers. At any time, he may obtain the appointment, dismissal or nominal resignation of any other minister; he may resign, either purely personally or with his whole government; or obtain the dissolution of Parliament, precipitating the loss of all MPs' seats and salaries and a general election (Ministers will remain in power pending the election of the new House of Commons). The Prime Minister generally co-ordinates the policies and activities of the Cabinet and Government departments, acting as the main public "face" of Her Majesty's Government.

Although the Commander-in-Chief of the British Armed Forces is legally the Sovereign, under constitutional practice the Prime Minister, with the Secretary of State for Defence whom he may appoint or dismiss, holds power over the deployment and disposition of British forces, and the declaration of war. The Prime Minister can authorise, but not directly order, the use of Britain's nuclear weapons and the Prime Minister is hence a Commander-in-Chief in all but name.

The Prime Minister makes all the most senior Crown appointments, and most others are made by Ministers over whom he has the power of appointment and dismissal. Privy Counsellors, Ambassadors and High Commissioners, senior civil servants, senior military officers, members of important committees and commissions, and other officials are selected, and in most cases may be removed, by the Prime Minister. He also formally advises the Sovereign on the appointment of Archbishops and Bishops of the Church of England, but his discretion is limited by the existence of the Crown Nominations Commission. The appointment of senior judges, while constitutionally still on the advice of the Prime Minister, is now made on the basis of recommendations from independent bodies.

Peerages, knighthoods, and other honours are bestowed by the Sovereign only on the advice of the Prime Minister. The only important British honours over which the Prime Minister does not have control are the Orders of the Garter, Thistle, and Merit; the Royal Victorian Order; and the Venerable Order of Saint John, which are all within the "personal gift" of the Sovereign.

The Prime Minister appoints Ministers known as the "Whips", who use his patronage to negotiate for the support of MPs and to discipline dissenters of the government parliamentary party. Party discipline is strong since electors generally vote for parties rather than individuals. Members of Parliament may be expelled from their party for failing to support the Government on important issues, and although this will not mean they must resign as MPs, it will usually make re-election difficult. Members of Parliament who hold ministerial office or political privileges can expect removal for failing to support the Prime Minister. Restraints imposed by the Commons grow weaker when the Government's party enjoys a large majority in that House, or in the electorate. In general, however, the Prime Minister and their colleagues may secure the Commons' support for almost any bill by internal party negotiations with little regard to opposition MPs.

However, even a government with a healthy majority can on occasion find itself unable to pass legislation. For example, on January 31, 2006, Tony Blair's Government was defeated over certain aspects of proposals to outlaw religious hatred, and, on November 9, 2005, was defeated over plans which would have allowed police to detain terror suspects for up to 90 days without charge. On other occasions, the Government alters its proposals in order to avoid defeat in the Commons, as Tony Blair's Government did in February 2006 over education reforms.^[83]

Formerly, a Prime Minister whose government lost a Commons vote would be regarded as fatally weakened, and his whole government would resign, usually precipitating a general election. In modern practice, when the Government party has an absolute majority in the House, only the express vote "that this House has no confidence in Her Majesty's Government" is treated as having this effect; dissentients on a minor issue within the majority party are unlikely to force an election with the probable loss of their seats and salaries, and any future in the party.

Likewise, a Prime Minister is no longer just "first amongst equals" in HM Government; although theoretically his Cabinet might still outvote him, in practice he progressively entrenches his position by retaining only personal supporters in the Cabinet. In periodical reshuffles, the Prime Minister can sideline and simply drop from Cabinet the Members who have fallen out of favour: they remain Privy Councillors, but the Prime Minister decides which of them are summoned to meetings. The Prime Minister is responsible for producing and enforcing the Ministerial Code.

[edit] Precedence, privileges and form of address

Throughout the United Kingdom, the Prime Minister outranks all other dignitaries except the Royal Family, the Lord Chancellor, and senior ecclesiastical functionaries (in England and Wales, the Anglican Archbishops of Canterbury and York; in Scotland, the Lord High Commissioner and the Moderator of the General Assembly of the Church of Scotland; in Northern Ireland, the Anglican and Roman Catholic Archbishops of Armagh and Dublin and the Moderator of the General Assembly of the Presbyterian Church).

By tradition, before a new Prime Minister can enter 10 Downing Street for the first time as its occupant, they are required to announce to the country and the world that they have kissed hands with the reigning monarch, and thus have become Prime Minister. This is usually done by saying words to the effect of:

Her Majesty the Queen [His Majesty the King] has asked me to form a government and I have accepted.

—^[84][85][86]

Although it wasn't required, Tony Blair also said these words after he was re-elected in 2001 and 2005.

At present the Prime Minister receives £142,000 in addition to a salary of £65,000 as a Member of Parliament.^[2][87] Until 2006 the Lord Chancellor was the highest paid member of the government ahead of the Prime Minister. This reflected the Lord Chancellor's position at the top of the judicial pay scale, as British judges are on the whole better paid than British politicians and until 2005 the Lord Chancellor was both politician and the head of the judiciary. The Constitutional Reform Act 2005 stripped the Lord Chancellor of his judicial functions and his salary was reduced to below that of the Prime Minister.

The Prime Minister traditionally resides at 10 Downing Street in London and is also entitled to use the country house of Chequers in Buckinghamshire.

The Prime Minister is customarily a member of the Privy Council; thus, they become entitled to prefix "The Right Honourable" to their name. Membership of the Council is retained for life. It is a constitutional convention that only a Privy Counsellor can be appointed Prime Minister, but invariably all potential candidates have already attained this status. The only occasion when a non-Privy Councillor was the natural appointment was Ramsay MacDonald in 1924, but the issue was resolved by appointing him to the Council immediately prior to his appointment as Prime Minister.

According to the now defunct Department for Constitutional Affairs, the Prime Minister is made a Privy Counsellor as a result of taking office and should be addressed by the official title prefixed by "The Right Honourable" and not by a personal name. This form of address is employed at formal occasions but is rarely used by the media. Tony Blair, the previous Prime Minister, was frequently referred to in print as "Mr Blair", "Tony Blair" or "Blair".^[88] Colleagues sometimes referred to him simply as "Tony".^[89] The Prime Minister is usually addressed as "Prime Minister", for example by interviewers^[90] or civil servants, as in Yes, Prime Minister. Since "Prime Minister" is a position, not a title, he or she should be referred to as "the Prime Minister" or (e.g.) "Mr. Blair". The form "Prime Minister Blair" is incorrect but is sometimes used erroneously outside the UK.

[edit] Retirement honours

It is customary for the Sovereign to grant a Prime Minister some honour or dignity when that individual retires from politics. The honour commonly, but not invariably, bestowed on Prime Ministers is membership of the United Kingdom's most senior order of chivalry, the Order of the Garter. The practice of creating retired Prime Ministers Knights (or, in the case of Margaret Thatcher, Ladies) of the Garter has been fairly prevalent since the middle-nineteenth century. On the retirement of a Prime Minister who is Scottish, it is likely that the primarily Scottish honour of the Order of the Thistle will be used instead of the Order of the Garter, which is generally regarded as an English honour.

It has also been common for Prime Ministers to be granted peerages upon their retirement which elevates the individual to the House of Lords upon his retirement from the Commons. Formerly, the peerage bestowed was usually an earldom (which was always hereditary), with Churchill offered a dukedom.^[91] However, since the 1960s, hereditary peerages have generally been eschewed, and life peerages have been preferred, although in 1984 Harold Macmillan was created Earl of Stockton 21 years after his retirement. Sir Alec Douglas-Home, Harold Wilson, James Callaghan and Margaret Thatcher accepted life peerages. However, Edward Heath, John Major and Tony Blair did not accept peerages of any kind on stepping down as MPs. Margaret Thatcher's son Mark is a baronet, which he inherited from his father Denis, but this is not a peerage.

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