Do the bishops in the House of Lords actually change anything?

When 0.8 of a bishop turns up to each vote (on average), it's hard to argue they have a substantial effect.

In the wake of the Church of England's vote to continue banning women from being bishops, there have been renewed calls to remove bishops from the House of Lords. This e-petition, for instance, argues that:

The Church of England on 20th Nov 2012 voted not to allow women to be Bishops. Though that is within its rights to do, this should worry the Government as Church of England Bishops are awarded legislative power through seats in the House of Lords.

The Church has chosen to be a sexist organisation by refusing women the right to hold highest leadership positions and therefore should not be allowed automatic seats in the House of Lords, as this clearly does not comply with the spirit of UK Equality law.

But does it actually matter that bishops are in the House of Lords? Clearly, I'm not talking about points of principle; having a religious organisation in the House of Lords is as symbolically wrong as having a hereditary monarch as the head of state. It represents a Britain which hasn't existed for a very long time, and actively denigrates many people's conception of their own nationality.

But do the bishops in the Lords actually affect anything? A 2007 paper from UCL's Meg Russell and Maria Sciara, titled "Why Does the Government get Defeated in the House of Lords?: The Lords, the Party System and British Politics" suggests not.

There are 26 bishops seats in the house of lords (although that number varies occasionally due to deaths and retirements, and currently only 25 are present). That is out of 760 seats overall, and compares to the 212 Conservative, 225 Labour, and 90 Liberal Democrat peers. In other words, if turnout were 100 per cent, and party lines held all the time, the bishops would never matter – the vote would go to the coalition every time.

The first snag are the crossbenchers – 176 peers who aren't affiliated with any parties. But even they don't affect the outcome all that often. Of all 806 whipped votes in the Lords between 1999 and 2005, the crossbenchers changed the outcome just 50 times. That is, if they had not voted, 37 defeats would have been turned to victory, ten defeats would have been turned to a draw, two victories would have been turned to a draw, and one draw would have been turned to a victory.

The second snag, and the one the parties battle with most frequently, is turnout. In the same period, the mean turnout for Labour and Liberal Democrat peers was just over 50 per cent, and while it was just 34 per cent for the Tories. For the parties, boosting turnout is by far the most important way to win votes. Once the whipped lords actually turned up, they tended to vote with their party, with 97 to 99 per cent cohesiveness.

In this sleepy chamber, where do the bishops fit in? The authors write:

The Bishops’ impact… is limited by the fact that they are a small group, and that like the Crossbenchers they vote relatively little, and do not vote as a cohesive block.

Most of the time, there is only one bishop at each vote (they actually have a formal rota, apparently), and their mean turnout is just 3.2 per cent. As in, four-fifths of a person. Only ten times in six years were there votes with more than five bishops attending (only 66 times with more than one):

The largest turnouts were 11 votes on the balloting of grammar schools in 2000 (when nine Bishops supported the government and two opposed), on the Civil Partnerships Bill in 2004 (eight supporting, two opposed), and on the Learning and Skills Bill in 2000 with respect to sex education guidelines to replace Section 28.19.

So there aren't many bishops in the lords, and they rarely turn up. Which is why it's not a surprise that, over 806 divisions and six years, only three times did the bishops make a difference. Twice, the government was defeated by one vote when the sole bishop voted against it, and once the government was defeated by one vote when three bishops voted against it:

This was over the issue of education of asylum seekers’ children, where an amendment moved by the Bishop of Portsmouth required that such children are taught in a school and not separately in a detention centre. Three Bishops attended and voted against the government, and it lost the division by one vote.

When it comes to the simple legislative arithmetic, it is largely irrelevant whether we have bishops in the lords. A dodgy batch of mussels in the House of Lords' restaurant would probably have a greater material effect on the outcome of divisions that the lords spiritual do.

There are, of course, benefits for the bishops which are harder to quantify. Being peers gives them the ability to lobby others more effectively; and there were almost certainly times when the threat of defeat caused the government to change its legislative program pre-emptively.

Nonetheless, those fighting to remove Bishops from the Lords are doing the right thing by focusing on matters of principle, such as equality and secularity. When it comes to substance, there really isn't a whole lot to object to.

Bishops, and an archbishop. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.