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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Lord Empey: Northern Ireland likely to be without government for a year

The former UUP leader says Gerry Adams is now in "complete control" of Sinn Fein and no longer wants to be "trapped" by the Good Friday Agreement

The death of Martin McGuinness has made a devolution settlement in Northern Ireland even more unlikely and has left Gerry Adams in "complete control" of Sinn Fein, the former Ulster Unionist leader Reg Empey has said.

In a wide-ranging interview with the New Statesman on the day of McGuinness’ death, the UUP peer claimed his absence would leave a vacuum that would allow Adams, the Sinn Fein president, to consolidate his hold over the party and dictate the trajectory of the crucial negotiations to come. Sinn Fein have since pulled out of power-sharing talks, leaving Northern Ireland facing the prospect of direct rule from Westminster or a third election in the space of a year. 

Empey, who led the UUP between and 2005 and 2010 and was briefly acting first minister in 2001, went on to suggest that, “as things stand”, Northern Ireland is unlikely to see a return to fully devolved government before the inquiry into the Renewable Heat Incentive scheme is complete -  a process which could take up to a year to complete.

“Adams is now in complete control of Sinn Fein,” he said, adding that it remained unclear whether McGuinness’ successor Michelle O’Neill would be “allowed to plough an independent furrow”. “He has no equal within the organisation. He is in total command of Sinn Fein, and that is the way it is. I think he’s even more powerful today than he was before Martin died – by virtue of there just being nobody there.”

Asked what impact the passing of McGuinness, the former deputy first minister and leader of Sinn Fein in the north, would have on the chances of a devolution settlement, Empey, a member of the UUP’s Good Friday Agreement negotiating delegation, said: “I don’t think it’ll be positive – because, for all his faults, Martin was committed to making the institutions work. I don’t think Gerry Adams is as committed.

Empey added that he believed Adams did not want to work within the constitutional framework of the Good Friday Agreement. In a rebuke to nationalist claims that neither Northern Ireland secretary James Brokenshire nor Theresa May can act as honest or neutral brokers in power-sharing negotiations given their reliance on the DUP’s eight MPs, he said: “They’re not neutral. And they’re not supposed to be neutral.

“I don’t expect a prime minister or a secretary of state to be neutral. Brokenshire isn’t sitting wearing a hat with ostrich feathers – he’s not a governor, he’s a party politician who believes in the union. The language Sinn Fein uses makes it sound like they’re running a UN mandate... Gerry can go and shout at the British government all he likes. He doesn’t want to be trapped in the constitutional framework of the Belfast Agreement. He wants to move the debate outside those parameters, and he sees Brexit as a chance to mobilise opinion in the republic, and to be seen standing up for Irish interests.”

Empey went on to suggest that Adams, who he suggested exerted a “disruptive” influence on power-sharing talks, “might very well say” Sinn Fein were “’[taking a hard line] for Martin’s memory’” and added that he had been “hypocritical” in his approach.

“He’ll use all of that,” he said. “Republicans have always used people’s deaths to move the cause forward. The hunger strikers are the obvious example. They were effectively sacrificed to build up the base and energise people. But he still has to come to terms with the rest of us.”

Empey’s frank assessment of Sinn Fein’s likely approach to negotiations will cast yet more doubt on the prospect that devolved government might be salvaged before Monday’s deadline. Though he admitted Adams had demanded nothing unionists “should die in a ditch for”, he suggested neither party was likely to cede ground. “If Sinn Fein were to back down they would get hammered,” he said. “If Foster backs down the DUP would get hammered. So I think we’ve got ourselves a catch 22: they’ve both painted themselves into their respective corners.”

In addition, Empey accused DUP leader Arlene Foster of squandering the “dream scenario” unionist parties won at last year’s assembly election with a “disastrous” campaign, but added he did not believe she would resign despite repeated Sinn Fein demands for her to do so.

 “It’s very difficult to see how she’s turned that from being at the top of Mount Everest to being under five miles of water – because that’s where she is,” he said. “She no longer controls the institutions. Martin McGuinness effectively wrote her resignation letter for her. And it’s very difficult to see a way forward. The idea that she could stand down as first minister candidate and stay on as party leader is one option. But she could’ve done that for a few weeks before Christmas and we wouldn’t be here! She’s basically taken unionism from the top to the bottom – in less than a year”.

Though Foster has expressed regret over the tone of the DUP’s much-criticised election campaign and has been widely praised for her decision to attend Martin McGuinness’ funeral yesterday, she remains unlikely to step down, despite coded invitations for her to do so from several members of her own party.

The historically poor result for unionism she oversaw has led to calls from leading loyalists for the DUP and UUP – who lost 10 and eight seats respectively – to pursue a merger or electoral alliance, which Empey dismissed outright.

“The idea that you can weld all unionists together into a solid mass under a single leadership – I would struggle to see how that would actually work in practice. Can you cooperate at a certain level? I don’t doubt that that’s possible, especially with seats here. Trying to amalgamate everybody? I remain to be convinced that that should be the case.”

Accusing the DUP of having “led unionism into a valley”, and of “lashing out”, he added: “They’ll never absorb all of our votes. They can try as hard as they like, but they’d end up with fewer than they have now.”

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.