Lording it over the bill

In November last year the Licensing Bill was first published and presented in the House of Lords.

So far the bill, which is set to allow flexible opening hours for pubs in England and Wales and move responsibility for licensing from magistrates to local authorities, has been scrutinised at length by peers during the committee stage.

But what happens to it after this preliminary process and how exactly does the system work?

Here, Political journalist Sheila Gunn explains the ins and outs of the House of Lords and how it will influence the Licensing Bill.

Some years ago, a minister in the House of Lords was diligently reading out his reply to an amendment. It was late. The minister had been at the despatch box for hours. So when he came to the final paragraph of his brief, drafted by an official, he failed to spot that it was in different coloured ink. He read out: "This is not quite true but it's good enough for the Lords."

Being the Upper House, it provoked more humour than outrage. But it helps to illustrate why the government's decision to let the peers have the first go at the Licensing Bill created such bemusement in the industry.

The Lords is a very different species from the Commons. Most MPs do not understand how it operates. And most underestimate the ability of a group of peers to frustrate efforts.

This is nothing new. Margaret Thatcher used to spit blood when the Lords questioned her legislation. However, to the peers' credit, they did spot, for example, that the poll tax would be a nightmare to administer.

My own opinion has changed radically since being sent by my then editor at The Times to be the paper's first designated House of Lords correspondent in the mid-'80s.

At the time, the peers were inflicting repeated defeats on the Thatcher government. And my view - a fairly prevalent one - was that it was an extremely comfortable berth for those well past their sell-by date.

However, first impressions included the friendliness and the generosity of the peers - although gin in great volume, I discovered, is a lethal weapon in its own right; amusement at the sign which read "Lady Peers" (think about it!); that one need not be loud and offensive to effect changes to our laws; and the language was quaint, such as voting "content" or "not content" rather than "ayes" and "noes".

The more genteel atmosphere is generated partly through most peers actually addressing each other rather than, as in the Commons, the media or electors. And the unpredictability of what the Upper House will do to legislation owes something to the lack of the power of the Whips.

Unlike the Commons, it is hard to force members to vote as you want if they have no further political ambition. Front bench posts are filled from a far more diverse pool of experience. Baroness Blackstone, leading on the Licensing Bill for the government, has a formidable academic track record. But she gives the impression of thinking herself slightly above debates on drinking laws.

However, on the Conservative front bench - the strongest in the Lords in living memory - the top-flight corporate lawyer, Baroness Buscombe, clearly understands all the issues involved, unlike the three government ministers opposite her. The Lib Dems team on the bill is as mixed a bunch as you are likely to find in an Islington pub on a wet Wednesday.

So what do the Lords do? Well, they understand that their only legitimate role is to scrutinise legislation line by line. They study bills, which usually arrive in poor shape, to judge their intention and likely impact. It sounds simple but it is a function poorly carried out in the Commons.

To fulfil this role, the Lords' procedures vary considerably from those in the Commons. There is no "guillotine" to curtail debates: instead, there is a subtle form of discouraging over-lengthy speeches. Self-control rather than Speaker's rulings maintain order. All amendments can be debated. Votes during the committee stage are rare. And the government can not only be "defeated" - but lose votes without provoking a vote of confidence or banner headlines. There is a widespread misconception that defeats in the Lords can be, as a matter of course, overturned by "whipped" MPs. Please do not fall for that one. It would be impossible to encourage any peers to attend if all changes they made to legislation were promptly dropped by MPs.

Most Lords' amendments pass into law. The Lords generally do not vote for "wrecking" amendments, which destroy a key principle in a bill, especially if it was in the Queen's Speech. It is not considered quite the done thing.

A few amendments may be overturned or end up "ping-ponging" between the two Houses. But the usual procedure - especially during the next, report stage of a bill - involves a bit of quiet "trading" behind the scenes to agree what to "give" and what to "stick on".

Hence, in the Commons, one witnesses the sights and sounds of the circus. In the Lords, watch for the odd nod or gentle comment, signalling tacit acceptance of a point of dispute. Meanwhile, Commons' ministers may be left on the sidelines, gnashing their teeth in frustration.

Sheila Gunn is a media consultant, freelance journalist, lecturer on political journalism at City University and a Camden councillor.​

The process of the bill through Parliament​

• First reading​
  The bill is read to the House of Lords as a formality.
• Second reading​
  The House of Lords debates the general principles of the bill.
• Committee stage​
  A committee (which can be the whole House) debates the bill and any amendments to be made. The Licensing Bill is at this stage in the House of Lords.
• Report stage​
  The committee reports back to the Lords which debates and votes on the bill's content.
• Third reading​
  The bill is reviewed in its final form. In the Lords amendments can still be made at this stage.
• Passage through the other House​
  The Licensing Bill will go through the same stages again, this time in the Commons. It is not merely a formality. Both Houses have to agree on the text of the bill.
• Royal Assent​
  The bill becomes law and is known as an Act of Parliament.

Write in and have your say​

The Licensing Bill is due to go on to the report stage in the Lords in mid-February.

Baroness Buscombe (pictured)​, who is leading the Conservatives against the government, has told thePublican.com it is not too late for licensees to make their objections known since in the report stage there will be opportunities to vote against the content of the bill.

She is happy to receive letters as long as they reach her before February 5. Write to: Baroness Buscombe, House of Lords, London, SW1A 0PW.