2.3 Legislative process Flashcards

1
Q

5

Describe the Salisbury Convention

A
  • HoL will not reject/amend manifesto item passed by HoC
  • Convention states that unelected, unaccountable body should not hinder legitimate policies
  • However recent reforms to make HoL more professional have led greater challenging of manifesto legislation, especially if the exact details of policy change
  • Lords can propose ‘reasoned amendments’ at second reading, but not ‘wrecking amendments’
  • debates over whether convention should apply to minority/coalition government
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2
Q

3

Describe ‘wrecking amendments’

A
  • A bill that would make the legislation unworkable or contradictionary
  • e.g. Lord Dear proposed ‘wrecking amendment’ on Marriage (Same-Sex Couples) Bill that would have forced religious organisations to opt-in to offering homosexual weddings, with CoE being banned from doing so
  • Speaker can refuse to select such amendments for debate
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3
Q

7

Outline the legislative process

A
  • First reading - bill introduced to HoC (or HoL)
  • Second reading
  • Committee stage - scrutiny by committee
  • Report stage
  • Third reading
  • Passage to HoL (or HoC) + ‘ping pong’ for up to year
  • Royal Assent
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4
Q

3

Describe the second reading

A
  • main debate held, followed by vote
  • gives opportunity for opposition to voice views
  • possible for bill to pass with no debate
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5
Q

8

Describe the committee stage

A
  • Public Bill Committee (exclusive to HoC) set up to deal with bill
  • party whips dominate selection of members
  • Take evidence from experts and interest groups
  • Government can table amendments which are debated on
  • amendments for discussion selected by Committee chair and voted on only by committee members
  • minority of bills dealt with whole HoC
  • Applies to all bills, bar money bills
  • Composition of public bill committees reflects composition in Parliament and thus Government rarely loses committee stage vote
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6
Q

2

Describe the report stage

A
  • All MPs can suggest amendments which then are voted on
  • Bill debated with passed amendments included
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7
Q

2

Describe the Third Reading

A
  • final debate and last opportunity to block legislation
  • no more amendments can be tabled
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8
Q

4

Describe parliamentary ‘ping-pong’

A
  • Once passed third reading in HoC, bill will begin HoL first reading (or vice-versa)
  • HoL cannot veto bill, but can propose and pass amendments
  • HoC and HoL must approve amendments from other house
  • Back and forth continues until both agree
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9
Q

1

Describe royal assent

A

monarch signs bill into law, marking formal passage

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10
Q

4

Describe the differences in the House of Lords legislative process

A
  • Before committee stage, amendments published in ‘Marshall’s list’
  • In committee stage, the government cannot limit subjects under discussion or impose a time limit - unlike in the HoC
  • HoL meets as whole house in commitee stage
  • Amendments can be added at third reading provided it has not already been discussed at committee or report stage - unlike in HoC
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11
Q

3

Describe the whip system

A
  • Parties appoint chief and deputy whips in HoL and HoC
  • Ensure that fellow legislators attend and vote according to party lines
  • Powers of patronage employed e.g. proposing withdrawal of funding for local constituency if MP threatens to break whip
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12
Q

3

Describe the levels of the whip

A
  • One-line whip - attendance requested
  • Two-line whip - attendance necessary
  • Three-line whip - attendance essential (may expel members/remove whip e.g. Ken Clarke, Amber Rudd)
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13
Q

4

Describe the power of the whip

A
  • large parliamentary majority will make voting/debates largely a formality due to whip
  • Members whipped to vote on amendments in Public Bill Committees
  • Also influence selection of Public Bill Committee members
  • MPs who defy whip are unlikely to advance careers e.g. Jeremy Corbyn held no ministerial role during New Labour
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14
Q

3

Describe how PMBs are introduced in the House of Commons

A
  • Ballot - MPs put forward proposal. 20 enter ballot and top seven usually debated. Most PMBs introduced this way
  • Ten-Minute Rule - slot on Tuesday and Wednesday for MP to propose legislation in ten-minute speech. Less likely to be successful
  • Presentation - formal presentation to HoC
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15
Q

1

Describe how PMBs are introduced in the House of Lords

A

selected using ballot at start of each parliamentary session

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16
Q

2

Describe the success of PMBs

A
  • Can be successful if attains cross-party, and importantly, government support
  • e.g. Andrew Rosindell’s Animals (Penalty Notices) Bill 2021 which proposed £5k fines for animal abuse quickly passed Parliament due to support of Government
17
Q

4

Describe the failure of PMBs

A
  • Limited parliamentary time given to debate them on Fridays
  • May lack numbers to hold division (vote)
  • e.g. Peter Kyle MP’s 2018 PMB to reduce voting age to 16 not given enough time by government to proceed
  • Role of PMBs generally serves to raise profile of issue rather than changing law
18
Q

5

List some notable defeats in the House of Commons

A
  • Shops Bill 1986 - government lost despite 140-seat majority (due to religious rebels); failed due to 27 Tory rebels in 2016
  • Terrorism Act 2006
  • Syrian intervention 2013
  • EU withdrawal Agreement 2018 - 230 vote loss (highest ever)
  • Letwin Amendment 2019
19
Q

4

Describe the Terrorism Act 2006 government defeat in 2005

A
  • Included clause to detain terrorists suspects without charge for 90 days
  • 49 Labour MPs rebelled
  • Govenrment defeated 322-291
  • First Blair loss in HoC
  • Clause dropped from Act
20
Q

3

Describe the government defeat on Syria intervention in 2013

A
  • Coalition defeated on motion to authorise military intervention in Syria provided the UN had proved Assad had carried out a chemical weapons attack
  • Surprise defeat due to 30 Con and 9 LD rebels
  • 285-272 defeat (13 vote loss)
21
Q

3

Describe the government defeat in the Letwin amendment 2019

A
  • Emergency debate called by Oliver Letwin MP to allow HoC to take control of parliamentary business to prevent Government forcing through no-deal
  • 21 pro-EU Tories rebelled
  • Motion passed 328 - 301 (27 votes)
22
Q

3

Describe a recent PMB

A
  • Liam Fox introduced a Down Syndrome bill to strengthen rights of those with Down Syndrome
  • Cross party sponsors: Ian Paisley, Layla Moran
  • Passed into law 2022