Parliament Act 1911 - Result

Result

The Lords continued to suggest amendments to money bills over which it had no right of veto and in several instances these were accepted by the Commons. These included the China Indemnity Bill 1925 and the Inshore Fishing Industry Bill 1947. The use of the Lords' now temporary veto remains a powerful check on legislation.

It was used in relation to the Government of Ireland Act 1914, which had been under the threat of a Lords veto, now removed. Ulster Protestants had been firmly against the passing of the bill. However, it never came into force because of the outbreak of the First World War. Amendments to the Parliament Act 1911 were made to prolong the life of the 1910 parliament following the outbreak of the First World War and 1935 parliament because of the Second World War. These made special exemptions to the requirement to hold an election every five years.

Legislation passed through the Parliament Act, without the consent of the Lords, is considered primary legislation. This was of importance in Jackson v Attorney General, when the validity of the Parliament Act 1949 was questioned because it used the 1911 Act. The challenge asserted foremost that the 1949 Act was delegated rather than primary legislation, and that the 1911 Act had delegated power to the Commons. If this were the case, then the Commons could not empower itself through the 1949 Act without direct permission from the Lords. Since it was passed under the 1911 Act, it had never received the required consent of the Lords. However, the 1949 Act was found to be legal. The 1911 Act, it was concluded, was not primarily about empowering the Commons, but rather to restrict the ability of the Lords to affect legislation. This ruling also means that efforts to abolish the House of Lords (a major constitutional change) using the Act could be successful, although the issue was not directly addressed in the ruling.