Parliament Flashcards

1
Q

What is parliament?

A

the British legislature (law-making body), made up of
the House of commons.
House of Lords and monarch.

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2
Q

What are the HOC and HOL?

A

House of Commons-
the primary chamber of the UK legislature, directly
elected by voters

House of Lords-
the second chamber of the
UK legislature, not directly elected by voters.

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3
Q

What are backbenchers?

A

MPs who do not have a ministerial or shadow-ministerial position. They occupy the benches in the debating chamber behind their leaders. Their main tole is to represent their constituencies. They are also expected to support the leaders of their respective parties.

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4
Q

What is the opposition?

A

the official opposition is usually the party with the second-largest number
of seats in the Commons.
Its role is to criticise the
government and to oppose many of its legislative proposals. It also seeks to present itself as an alternative government

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5
Q

What type of parliamentary system does the UK have?

A

The UK has a ‘bicameral’ parliamentary system - a parliament with two chambers, an elected House of Commons and an unelected House of Lords.

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6
Q

How many MPs are there?

A

650

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7
Q

What were the two ways to call an early election under the Fixed Term Parliaments Act?

A

An early general election could be held in one of two possible situations: if a government lost a vote of no confidence and the prime
minister could form another administration within 14 days: or if two-thirds of MPs supported a motion calling for an early election. Theresa May called an early election for June 2017 with the support of the necessary proportion of MPs.

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8
Q

What happens if an MP dies?

A

If an MP dies or retires during a parliamentary term, the vacancy is filled by holding a by-election in
that constituency

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9
Q

Examples of independent MPs

A

Most MPs are elected as members of a political party. Only one independent, Lady Hermon - MP for North Down in Northern Ireland - was elected at the 2010 and 2015 general elections. Sometimes an MP may resign or be expelled from a party, and serve out the rest of the parliamentary term as an independent. For example, UKIP’s only MP, Douglas Carswell (member for (lacton, Essex), left the party to become an independent in March 2017.

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10
Q

Difference between backbenchers and frontbenchers

A

The majority of MPs - roughly three-quarters of the total membership of the Commons - are
known as backbenchers. The rest are the frontbenchers. who are sub-divided into members of
the government, and shadow ministers, who are members of the opposition, occupying the front bench that faces the government. the Shadow cabinet is headed by the leader of the opposition.

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11
Q

Types of peer

A

There are three main categories of peer: hereditary peers, life peers and 26 ‘Lords Spiritual (Anglican archbishops and bishops) who sit in the Lords for historic reasons, as the Church of England is the official church of the British state.

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12
Q

How many sitting members of the HOL?

A

785

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13
Q

How many lords spiritual?

A

26

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14
Q

How many hereditary peers?

A

92

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15
Q

Main functions the houses perform

A

• passing legislation
•scrutiny of the executive (including debating)
•providing ministers.

In addition the Commons has the function of representing the electorate. This section outlines each of these roles in turn, with some assessment of how well they are fulfilled.

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16
Q

Exclusive HOC power

A

The House of Commons has exclusive power to give consent to taxation - as the elected chamber it represents the public, and the Lords is not allowed to interfere with the passage of what are known as ‘money’ bills. The Lords has the right to amend non-financial legislation.

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17
Q

Why opposition is necessary for parliament to function?

A

Most legislation is initiated by the government and there is limited opportunity for backbench and opposition MPs to propose measures of their own. Parliament mostly reacts to measures put before it by the executive, rather than developing its own legislative proposals, and it is rarely able to defeat or significantly amend legislation. To succeed, this requires solid opposition from the opposition parties combined with rebels on the government side. An example is David Cameron’s defeat in March 2016 on plans to extend Sunday trading, when Labour and the SNP joined with Conservative dissidents.

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18
Q

Example of opposition and rebels defeating bill?

A

An example is David Cameron’s defeat in March 2016 on plans to extend Sunday trading, when Labour and the SNP joined with Conservative dissidents.

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19
Q

Job of whips and measures that take

A

The adversarial nature of the party system, in which the opposition constantly confronts and challenges the government, is reinforced by the work of the party whips. They are responsible for ensuring that MPs attend parliamentary votes (known as ‘divisions’) and for granting leave of absence if their vote is not essential. They issue MPs with a written instruction to attend - also known as a ‘whip’ - which indicates how important it is for an MP to be present. The most important votes are underlined three times and these occasions are therefore known as a
“three-line whip’. Less important requests for attendance may be underlined just once or twice.
Government whips may offer the prospect of ministerial posts in order to encourage and reward loyalty. Whips can also impose sanctions on those who do not accept the party line. Persistent rebels may have the whip withdrawn, meaning that they are effectively suspended from the party and have to sit as an independent. This can also happen in cases of misconduct where it is felt that an MP has damaged the party’s reputation. Smaller teams of whips operate in the Lords.

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20
Q

Example of whip being removed

A

After allegedly groping two men while he was drunk, Chris Pincher had whip removed in 2022.

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21
Q

How can governments push through legislation?

A

Governments can use the argument of overriding necessity to push through legislation. The
2005 Prevention of Terrorism Act, which introduced control orders for individuals suspected of terrorist offences, completed all its stages in just 18 days.

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22
Q

Example of gov using argument of overriding necessity?

A

The 2005 Prevention of Terrorism Act, which introduced control orders for individuals suspected of terrorist offences, completed all its stages in just 18 days.

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23
Q

Example of poorly drafted bill

A

The usual example given is the
1991 Dangerous Dogs Act, which was passed in response to a series of tabloid stories about dog altacks. Critics argued that, instead of prohibiting certain breeds of dog, it should have targeted iresponsible owners. A review by the RSPCA, 25 years later, showed that of 30 deaths caused in that period by dogs, 21 involved breeds that were not specified in the act.

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24
Q

What are select committees?

A

consisting of backbench
MPs, the composition of Commons select committees reflects the make-up of the Commons.
Select committees in the Commons investigate and report on the activities of government departments.
Their counterparts in the Lords (such as the Constitution Committee and the Science and Technology Committee)
carry out topic-based inquiries.

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25
Q

Meaning of scrutiny role

A

Parliament has a responsibility to exercise oversight of the executive’s actions. The opposition seeks to hold the government to account and to expose its errors. Ministers have a duty to explain and defend their policies in parliament.

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26
Q

Why do most senior ministers sit in the Commons?

A

Most senior ministers sit in the Commons, where the main action of politics takes place. Theresa May’s first Cabinet, appointed in July 2016, contained only one member of the Lords (the Leader of the Lords, Baroness Evans), which is typical of recent practice. However, most government departments are represented in the Lords by a junior minister, whose role is to oversee the passage of business through the upper house.

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27
Q

The most important ways scrutiny is performed? (3)

A

• questions to ministers, which may call for oral or written answers. Prime Minister’s Questions, a weekly question-and-answer session in the chamber of the Commons, has been criticised for being unduly theatrical and largely a point-scoring exercise dominated by the prime minister and the leader of the opposition.
• select committees, which shadow individual government departments in the Commons.
• debates, which can be impressive set-piece events, such as the August 2013 House of Commons debate in which the Cameron government was defeated on its proposal to undertake military action in Syria. Since 2010 the creation of the Backbench Business Committee has given MPs more power to shape the agenda by allowing them to choose the topic for debate on one day per week. Debates in the Lords are often given credit for their high quality, with participants commonly including recently retired individuals with expertise in a particular field, but they rarely influence the course of events.

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28
Q

How has scrutiny through debates been enhanced in recent years?

A

Since 2010 the creation of the Backbench Business Committee has given MPs more power to shape the agenda by allowing them to choose the topic for debate on one day per week. Debates in the Lords are often given credit for their high quality, with participants commonly including recently retired individuals with expertise in a particular field, but they rarely influence the course of events.

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29
Q

Example of gov being defeated in a debate

A

In a August 2013 House of Commons debate the Cameron government was defeated on its proposal to undertake military action in Syria.

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30
Q

Where are ministers chosen from?

A

In a parliamentary system of government, the convention is that ministers must sit in one of the two houses. Parliament acts as a recruiting ground for future ministers, with the whips making recommendations to the prime minister on suitable candidates for promotion. The prime minister possesses wide powers of patronage.

The award of a peerage can on occasion be used to secure the services of a particular individual as a minister, if that person is not an MP.

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31
Q

Example of someone being put in parliament so they could be a minister

A

For example, following the 2008 financial crisis, Gordon Brown recalled Peter Mandelson from the European Commission, appointing him to the Lords so that he could serve as business secretary.

Plus Cameron

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32
Q

Is the Lords representative?

A

The Commons has a representative function since it is the elected house. The Lords is representative only in the sense that it contains people with a wide range of professional backgrounds, although this aspect is not organised systematically. The Lords is not dominated by a single party in the way that the Commons often is, as a consequence of the distorting effects o the first-past-the-post voting system. However, the Lords does not reflect the composition of wide UK society. More than half of its members are over the age of 70, three quarters are male and on around five per cent come from ethnic minorities.

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33
Q

Are MPs simply delegates?

A

The Commons has a representative function as the elected house. By long-standing tradition, MPs are not delegates of their constituencies - they use their judgement on how to vote, rather than taking instructions from those who elect them. The first-past-the-post system means that there is a strong link between an MP and their constituency. MPs are expected to respond to issues raised by individual constituents and to stand up for local interests at Westminster. If an MP does not fulfil the expectations of the local electorate, the voters have a right to choose a different representative at the next general election.

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34
Q

Example of MPs standing up for their constituencies in parliament

A

For example, a number of the 44 MPs who voted against plans for the London to Birmingham High Speed Rail link (H52) in March 2016 represented constituencies that would be affected by the planned route.

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35
Q

Two concerns about how effectively parliament performs its representative function?

A

• One concern is that an MP’s loyalty to their party, reinforced by the desire to win promotion to the government, may come into conflict with the need to represent a constituency. However, skilful MPs are good at reconciling the two roles. The ministerial code, which regulates the conduct of ministers, advises them to take care to avoid conflicts of interest. But they are allowed to make representations to colleagues in government, as long as they make it clear that they are acting as their constituents’ representative and not as a minister. For example in 2006 Hazel Blears, a member of Tony Blair’s Cabinet, supported protests against a planned closure of part of a hospital in her Salford constituency.
•Another issue is that, although there has been considerable improvement since the 1980s, the Commons is still not truly representative of society as a whole. 29 per cent of MPs elected in May 2015 were female - an increase on the 2010 figure, which was 22 per cent - compared to 51 per cent of the UK population. Similarly ethnic minority MPs make up 6 per cent of the Commons, compared to 13 per cent of the population. A pattern has also been developing in recent decades in terms of the class and occupational background of MPs.

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36
Q

Example of balancing loyalty to party and constituents

A

For example in 2006 Hazel Blears, a member of Tony Blair’s Cabinet, supported protests against a planned closure of part of a hospital in her Salford constituency.

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37
Q

Exclusive power of the HOC

A

There is one important area, however, where the Commons has exclusive authority - to give consent to taxation and public expenditure. Since the Commons represents the taxpayer, there is a tradition that although the Lords debates money bills, it cannot interfere with them. For this reason the chancellor of the exchequer is obliged to sit in the Commons, where the annual budget is always presented.

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38
Q

What is confidence and supply?

A

A type of informal coalition agreement sometimes used in the event of a hung parliament where the minority partner agrees to vote with the government on key issues, usually in exchange for policy
concessions.

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39
Q

How does confidence and supply work and when is it needed?

A

Another area where the Commons can exercise power is the situation known as confidence and supply. This can occur in the event of a minority government, where the governing party does no! join a formal coalition, but relies on a limited agreement with another party (or parties) to keep itself in office. This means that the supporting party will provide backing on a vote of no confidence, and will vote through the government’s budget (the ‘supply part of the arrangement). In return the smaller party will receive certain concessions. It is an agreement thats more flexible (and thus less stable) than a full coalition.

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40
Q

Examples of confidence and supply

A

The Conservative Party’s arrangement with the Democratic Unionist Party following the general election in June 2017, when the Conservatives were eight seats short of a majority, was a confidence and supply agreement.

Another relatively recent occurrence in the UK was in 1977-78, when James Callaghan’s minority Labour government concluded the Lib-Lab Pact’ with the smaller Liberal Party. There was talk of the SN supporting a minority Labour government on these terms, had the 2015 election resulted
in a hung parliament

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41
Q

Is the HOL less powerful than the HOC?

A

The Lords is definitely less powerful than the Commons, as suggested by one of its informal alternative names, the ‘second chamber Since the early 20th century, when the UK started to become more democratic, its powers have been limited by both law and convention. It is widely accepted that this is appropriate, since it lacks the democratic legitimacy of an elected chamber.

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42
Q

Background of 1911 Parliament Act

A

It came about when the Lords broke with the convention, established since the late 17th century, that they should not interfere with matters of taxation.
Aristocratic outrage at new taxes on land and wealth, proposed in the Liberal government’s
‘People’s budget of 1909, led the Lords to break with this tradition. By rejecting the budget they brought about a prolonged constitutional crisis, which was resolved by the passing of the Parliament Act two years later.

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43
Q

What did the 1911 Parliament Act do?

A

This set out in law that:
.the Lords had no right to delay money bills
. its power to veto non-financial bills was to be replaced by a power of delay lasting two
parliamentary sessions (equivalent to two years).

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44
Q

How was the 1911 Parliament Act modified?

A

Clement Attlee’s Labour government, faced with opposition from the Lords to its iron and steel nationalisation bill, used the 1911 act to push through a modification, halving the length of time that the upper house could use its delaying power. This was embodied in the 1949 Parliament Act.

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45
Q

What is the Salisbury Convention?

A

The power of the Lords is also constrained by the 1945 Salisbury convention, a convention agreed shortly after the election of the Attlee government. Named after the Conservative opposition leader in the upper house, Lord Salisbury, the convention stated that the Lords would not oppose a bill that gave effect to a commitment contained in the manifesto of the winning party at a general election. The convention was a response to the election of Britain’s first majority Labour government, which was committed to a radical reforming programme.

(the convention whereby the
House of ords does not delay or block legislation that was included in a government’s manifesto.)

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46
Q

Distinctive powers of the HOL

A

• It acts mainly as a revising chamber, proposing amendments to government legislation, which it is up to the government to decide whether to accept or reject.
• It can delay non-financial legislation for one year.
•The only scenario in which the Lords retains its veto is an extremely unlikely one: if a government were to attempt to prolong the life of parliament beyond its legal maximum term of five years, the Lords is legally empowered to force it to hold a general election.

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47
Q

What has been noticed about the HOL’s assertiveness in recent years?

A

Although the formal powers of the Lords are quite restricted, as with so much else in British politics, what the upper house can actually do depends to a large extent on the particular circumstances of the time. In recent years some commentators have argued that the Lords is becoming more assertive in its relationship with the elected chamber.

48
Q

Effects of removal of hereditary peers (3)

A

-The removal of most hereditary peers from the Lords in 1999 meant that the upper house was now dominated by life peers, who had mostly been appointed for service in different walks of life. This increased the Lords’ sense of legitimacy. Life peers were also more likely to play a regular part in the work of the House, whereas many hereditary peers rarely appeared at Westminster. As a result the reformed House was more inclined to challenge the government. For example, after the 2005 general election, the Lib Dem peers opposed Tony Blair’s proposals for identity cards, even though this policy had been announced by the Labour Party in advance. They argued that the Salisbury convention no longer applied because the government had been re-elected on a very low share of the popular vote (only 35.2 per cent).

-Another consequence of the departure of most hereditary peers was that the traditional dominance of the House by the Conservative Party came to an end. No party now has overall control of the Lords and so careful management of the House has become more important for governments. Liberal Democrat peers demonstrated growing independence during the period of the New Labour government.

-Cross-bench peers also began to play a more important role in holding the government to account.
As neutral figures, they are more likely to assess a bill on its merits and to decide accordingly whether to support or oppose the government.

49
Q

Evidence of irrelevance of Salisbury Convention (2)

A

-For example, after the 2005 general election, the Lib Dem peers opposed Tony Blair’s proposals for identity cards, even though this policy had been announced by the Labour Party in advance. They argued that the Salisbury convention no longer applied because the government had been re-elected on a very low share of the popular vote (only 35.2 per cent).

-The formation of the coalition government in 2010 cast further doubt on whether the Salisbury convention still applied. This was because the government programme was based on a coalition agreement - between the Conservative and Liberal Democrat leaders - that had never been putto the voters.

50
Q

Example of Lib Dem peers becoming more independent

A

For example, after the 2005 general election, the Lib Dem peers opposed Tony Blair’s proposals for identity cards, even though this policy had been announced by the Labour Party in advance. They argued that the Salisbury convention no longer applied because the government had been re-elected on a very low share of the popular vote (only 35.2 per cent).

51
Q

Example of cross bench peers being objective and assessing merit

A

For example, the cross-bench peer Lord Owen, a former doctor, played a leading role in opposing the coalition government’s controversial Health and Social Care Bill. The measure was passed in March 2012 after the government accepted all the amendments proposed in the Lords.

52
Q

Stats on increasing gov defeats in lords

A

1979-97 : 241 defeats
2022-23: 125 defeats

53
Q

Are the HOC and HOL always conflicting?

A

The two houses are not always in conflict with each other - in fact, many amendments in the Lords are sponsored by the government itself, on occasions when it belatedly notices flaws in its own legislation.

54
Q

What can the government do if there are clashes with the HOL?

A

-In the end it is up to the government to decide whether to accept or reject any changes proposed by the Lords.

-The government can usually make use of its majority in the Commons to overturn critical Lords amendments if it chooses to do so.

-If the upper house maintains its opposition to the Commons, as a last resort the government can use the Parliament Act to force a bill through.

55
Q

Example of HOC using majority to reject HOL amendments

A

In February 2012, for example, the coalition government rejected seven amendments to its Welfare Reform and Work Bill, arguing that only the Commons was entitled to take decisions with large financial implications.

56
Q

What does the HOL usually do after making its point?

A

Inpractice, the Lords will usually drop its opposition after making its point, recognising that it lacks the democratic legitimacy needed to push its case further.

57
Q

What is parliamentary ping pong and example

A

A bill can go back and forth between the two houses in a process known as ‘parliamentary ping pong’ An extreme example of this was the debate between the two houses on the 2005 Prevention of Terrorism Bill, which introduced control orders. This entailed a marathon sitting of 30 hours. The Lords wanted the bill to include a ‘sunset clause - in other words it would automatically expire after a year unless further legislation was passed to renew it. In the end it is up to the government to decide whether to accept or reject any changes proposed by the Lords. In the case of the Prevention of Terrorism Bill the Lords backed down following a compromise - the government promised a review a year later.

58
Q

Blair’s use of Parliament Act

A

It was used three times by the Blair government for the following:

•Changing the voting system for European parliament elections (1999).
• Equalising the age of consent for gay and heterosexual people (2000).
• Banning hunting with dogs (2004).

59
Q

What are legislative bills?

A

proposed laws passing through parliament.

60
Q

How many times has the parliament act been used since 1949?

A

5 times, most recently in 2004

61
Q

Case Study of the Lords’ defeat of the Cameron government’s plans for cuts to tax credits, October 2015

A

The House of Lords attracted publicity in the autumn of 2015 by voting to delay planned cuts to tax credits and to compensate those who were affected. This was an emotionally charged issue because the purpose of tax credits was to support low-income working people. The vote raised a constitutional issue, with supporters of the government arguing that because this was a financial measure, the Lords should not have become involved. However, strictly speaking, the peers were within their rights because the tax credit changes were incorporated in a ‘statutory instrument’ (or secondary legislation) rather than in primary legislation. The government was acting on the basis of power delegated to it under a previous act of parliament, which enabled it to make changes to the law, rather than bringing forward a new bill. The Lords was allowed to reject a statutory instrument.
At the same time the episode highlighted the limits of the Lords’ power. Peers showed restraint in choosing not to support a more controversial Liberal Democrat motion to block the changes completely. This is typical of the Lords’ approach; the upper house normally tries to avoid all out conflict with an elected government. The government ordered a review of the Lords’ power to take this kind of action in the future, but eventually backed away from further confrontation on the issue.

62
Q

Difference between a bill and act of parliament

A

• A legislative bill is a proposal for a new law, or a change to an existing law, which is brought before parliament. A bill can be introduced in either the Commons or the Lords.
• An act of parliament is a bill that has completed all its stages in parliament and has become law.

63
Q

What is a government/public bill? Example

A

The most important type of proposal that can be debated in parliament. These are brought forward by
governinent ininisters to change public policy, for example the reorganisation of the NHS which was brought about by the 2012 Health and Soclal Care Act.

64
Q

What is a private bill and example

A

Much less common. It is sponsored by an organisation such as a company or a local authority, with the intention of changing the law as it affects that organisation. A group affected by such a bill has the right to petition parliament against it. An example is the
2013 London Local Authorities and Transport for London Act, which introduced new powers
for dealing with obstructions caused by builders and road
users in the capical

65
Q

What is a private member’s bill?

A

Affects the whole population, introduced by an individual backbench MP or a member of the Lords. These are much less likely than a government bill to become law. as they depend on time being found for them to complete all their stages in parliament. In the Commons, at the start of each session the names of MPs applying to introduce a private member’s bill are drawn in a ballot. An alternative is or a member tc make a proposal using the ‘ten minute rule’, but this allows for little more than the airing of an issue in a speech which must last no more than ten minutes

66
Q

Example of Private Member’s Bill

A

Some landmark bills have, however, originated as private member’s bills. An example of such a measure is the imposition of a duty on councils and NES services to look after people with autiem, passed in 2009, which was initiated by Cheryl Gillan MP.

67
Q

What is a hybrid bill and example

A

Has characteristios of both a public and a private bill. It proposes changes to the law which would affect the general public, but certain groups or areas in particular. The bill to build the H82 rail link from London to Birmingham (and then to Manchester and Leeds)
is an example.

68
Q

Types of bill list

A

Government/public bill
Private members bill
Private bill
Hybrid bill

69
Q

Which house do bills go through first?

A

Either, stages are flipped

70
Q

What are public bill committees?

A

committees responsible for looking at bills in detail.

71
Q

What is parliamentary privilege

A

the right of MPs or Lords to make certain statements within parliament without being subject to outside influence, including law.

72
Q

List of stages a bill goes through

A

Origin
First reading
Second reading
Committee stage
Report stage
Third reading
Same stages but in other house (no committee stage in Lords)
Royal assent

73
Q

What happens in the origin stage?

A

A bill may originate as a Green Paper (a document setting out options for legislation and inviting consultation) and/or a White Paper (a more detailed statement of the government’s intentions) - but this whole stage is not compulsory.

74
Q

What happens in the first reading?

A

First compulsory stage. The bill is made available but is not debated or voted on at this stage.

75
Q

What happens in the second reading?

A

Principle of the bill is debated and a vote may be taken if it is contested.

76
Q

What happens in the committee stage?

A

ONLY HAPPENS WHEN GOING THROUGH COMMONS

Bill is scrutinised in detail by a public bill committee, formerly known as a standing committee, whose membership reflects the strength of the parties in the Commons.
Amendments may be made at this stage if the government is prepared to accept them.

77
Q

What happens in the report stage?

A

Commons considers amendments made at the committee stage and may accept or reject them.

78
Q

What does the HOL do in the committee stage?

A

Their ‘committee stage’ is carried out by the whole House. The Lords can propose amendments.
The Commons has to decide whether to accept, reject or further amend these.

The bill can go back and forth between the two Houses for up to a year before it becomes law, in a process popularly known as ‘parliamentary ping pong’

79
Q

What happens in royal assent stage?

A

Monarch signs the bill, making it law. This stage is a formality as the sovereign is a constitutional monarch, who would not get involved in politics by refusing to sign a bill.

80
Q

What does parliamentary privilege mean and not mean?

A

Crucial to the ability of MPs and peers to carry out their functions is the concept of parliamentary privilege. This means that, within the confines of parliament, they may say what they like, without being subject to outside influence.
This includes immunity from being sued for libel.

It does not mean that they cannot be prosecuted for criminal activity; several MPs and peers were jailed, for example, following revelations in 2009 that they had made false claims for parliamentary expenses The role of parliamentary privilege is to ensure that Ms and peers enjoy their historic right to freedom of speech.

81
Q

Reasons in support of claim that backbench MPs are playing an increasingly significant role (3)

A

-The creation of the Backbench Business Committee in 2010
-A rise in the number of backbench rebellions against government measures, even if the average number of MPs involved in particular rebellions has declined.
-An increase in the use of ‘urgent questions’

82
Q

Significance of Backbench Business Committee

A

The creation of the Backbench Business Committee in 2010 is allowed to choose the topic for debate on 35 days in each parliamentary session. Some of these subjects are chosen in response to e-petitions signed by members of the public; 100,000 signatures are required to qualify. This has led to the holding of debates on some subjects that might not otherwise have been chosen. Some of these take place in Westminster Hall, the oldest surviving part of the Houses of Parliament, in order to ease the burden on the Commons chamber. The Backberth Business Committee responds to proposals that command cross-party support, and so there an incentive for MPs to work together in requesting a debate.

83
Q

Example of Backbench Business Committee debate

A

A debate in 2015 led to the introduction of Harvey’s law, which obliges the Highways Agency to notify the owners of pets who are killed on the roads.

84
Q

Significance of rise in backbench rebellions

A

A rise in the number of backbench rebellions against government measures, even if the average number of MPs involved in particular rebellions has declined.

Note also that if a government is not certain of getting its business through, it may choose not to proceed rather than risk an actual defeat in the Commons. The coalition government’s dropping of its House of Lords reform bill after the second reading in 2013 is an example of this.

85
Q

Evidence of rise in backbench rebellions

A

Political scientists Philip Cowley and Mark Stuart have calculated that coalition MPs rebelled in 35 per cent of divisions during the 2010-15 parliament; the equivalent figures for government rebellions under Labour in the
2005-10 parliament was 28 per cent.

Nearly 40 MOs joined revolt against online safety bill

60 Tory MPs voted for series of amendments to Rwanda Bill in a rebellion

86
Q

Example of whips pushing bills through

A

.

87
Q

Urgent questions rise and significance

A

An increase in the use of ‘urgent questions’ - a device that, subject to the approval of the Speaker of the House, allows an MP to raise an important matter requiring an immediate answer from a government minister.

88
Q

Evidence of rise in urgent questions

A

A study conducted during the coalition government found that Speaker John Bercow allowed a total of 3547 urgent questions in 2009-13, while his predecessor, Michael Martin (2000-09) presided over only 1234 in a much longer period.

89
Q

Example of urgent question

A

An example is the summoning of Work and Pensions Secretary Damian Green in February 2017. He was summoned to answer an urgent question put by Labour MP Stephen Timms regarding changes to Personal Independence Payment, a benefit paid to disabled people.

90
Q

In support of backbenchers have limited influence

A

• MPs can use various methods to draw attention to issues in which they are interested, but this does not mean that they will succeed in getting any action taken. One example of this is an adjournment debate. After the official business of the House is over, there is an opportunity to raise an issue and a minister will reply. Another option for backbenchers is the 10-minute rule.
This allows MPs to speak for 10 minutes on their chosen subject before the beginning of official business on certain days. However, in both cases, the only result is likely to be an airing of the MP’s concern in debate.
•Public bill committees give MPs an opportunity to propose amendments to legislation, and each clause of a bill is scrutinised. However, the government has a majority on these committees and often it will use its position of strength to introduce its own amendments, rather than listening to proposals from opposition MPs.
•The power of patronage and ties of party loyalty, reinforced by the party whips, remain important factors in the Commons.

91
Q

Examples of influential and knowledgeable lords

A

Backbench members of the House of Lords are usually established figures in their own fields, and many are retired politicians. The promise of a government post cannot therefore influence them as much as it might a backbench MP, and so they are likely to act independently. The growing prominence of cross-benchers who have no party affiliation has already been noted. For almost any conceivable area of public life or interest, there will be peers with experience and expertise who can contribute to debates in particular areas. Current examples include Professor Lord Hennessy, One of Britain’s leading experts on constitutional matters, and Baroness Greenfield in the field of science and technology.

92
Q

When were select committees introduced?

A

House of Commons select committees in their curent form were introduced by Norman St John Seras, leader of the House at the beginning of the Thatcher government in 1979.

93
Q

Types of select committees

A

There is a select Commite to scrutinise the policy, administration and spending, of each government department.

In addition there are several non-departmental select committees with specific functions.
•The Public Accounts Committee examines government expenditure, seeking to ensure that value for money is being obtained.
• The Liaison Committee, which consists of the chairs of all the select committees, questions the prime minister twice a year across the whole field of government policy.
• The Committee on Standards oversees the work of the parliamentary commissioner on standards, an official who is in charge of regulating MPs’ conduct, including their financial affairs.

94
Q

Make up of select committees and how are MPs chosen

A

Each departmental select committee consists of a minimum of 11 backbench MPs. Their composition reflects the balance of party strength in the House of Commons. For example, the Education Select Committee was chaired by Conservative MP Neil Carmichael following the 2015 general election. Of the ten other members, a further five were Conservatives, four were Labour and one was a member of the SNP.

Following a reform introduced in 2010, chairs are now elected by their fellow MPs rather than chosen by the party whips, a move which has increased their independence. Members are chosen by secret ballot within party groups.

95
Q

Info on select committee investigations

A

The members of a select committee decide on the areas that they will investigate. They have the power to gather written and oral evidence and to summon witnesses, including ministers, civil servants, experts and members of the public with a relevant interest. Select committees may appoint specialist advisers - possibly an academic in the field they are investigating - to assist them in their work. They produce a report, to which the government is expected to respond within two months.

96
Q

Points showing select committees are important

A

• Their work is respected because it is evidence-based. Their hearings are televised and reported in the media, which increases their influence. They air issues of public interest. The Transport Select Committee, for example, held Transport Secretary Patrick McLoughlin to account for the controversy over the West Coast Main Line rail franchise in 2012.
• The scope of the committees’ work has widened in recent years to include the scrutiny of legislation. They also hold pre-appointment hearings, in which they interview candidates for some public roles. The Treasury Select Committee, for example, has the right to veto the chancellor of the exchequer’s choice for the head of the Office for Budget Responsibility.
• Long-serving members can accumulate more knowledge of a particular policy area than a minister, who may stay in a government department for only two or three years. Some experienced chairs of select committees have become considerable public figures, and this role is now recognised as an alternative career path to the ministerial ladder.
• Select committees can have a direct influence on government policy. For example, in 2014 the Home Office took the Passport Office back under ministerial control, following a critical report by the Home Affairs Select Committee. The chief executive of the Passport Office, organised as an executive agency at the time, had been criticised for a large backlog in applications that ha caused considerable public anger during the summer.

97
Q

Example of experienced select committees member

A

An example is Margare Hodge, chair of the Public Accounts Select Committee from 2010 to 2015, who has said that she had more influence in this role than as a government minister earlier in her career.

98
Q

Example of select committee direct impact on gov policy

A

For example, in 2014 the Home Office took the Passport Office back under ministerial control, following a critical report by the Home Affairs Select Committee. The chief executive of the Passport Office, organised as an executive agency at the time, had been criticised for a large backlog in applications that had caused considerable public anger during the summer.

99
Q

Example of select committees hold to account on issue of public interest

A

The Transport Select Committee, for example, held Transport Secretary Patrick McLoughlin to account for the controversy over the West Coast Main Line rail franchise in 2012.

100
Q

Points that select committee influence is limited

A

• A majority of select-committee members will be drawn from the governing party (or parties in the case of a coalition) and there is a tradition that MPs from the government side chair the influential Treasury, foreign affairs and defence committees.

• Although the resources available have increased, the committees can cover only a limited range of topics in depth and there is a tendency to avoid investigations into more long-term, strategic issues.
• There is still a high turnover rate for membership of committees, and some MPs do not attend regularly.
• The government accepts an estimated 40 per cent of select-committee recommendations, but these rarely involve major changes of policy.
•Committees’ power to summon witnesses is considerable but not unlimited. For example, in 2013, as home secretary, Theresa May blocked the Home Affairs Select Committee from interviewing the head of MI5, Andrew Parker.

101
Q

Why is make up of select committees reflecting gov strength a problem?

A

Less likely to challenge/scrutinise at time gov is at its strongest

102
Q

Example of committees’ ability to summon witnesses being limited

A

For example, in 2013, as home secretary, Theresa May blocked the Home Affairs Select Committee from interviewing the head of MI5, Andrew Parker.

103
Q

Lords select committees purpose and examples/types

A

House of Lords select committees operate on a different basis to those in the Commons. They do not shadow government departments, but instead scrutinise legislation and investigate particular issues. An example is the Constitution Committee, which examines public bills for their constitutional implications and investigates broad constitutional issues. Lords committees deliberately seek to avoid duplicating the work of their counterparts in the Commons. Thus a Treasury Select Committee is to be found in the Commons, which examines the work of the Treasury and HMRC. The Lords has an Economic Affairs Committee, which looks at wider issues, such as the economic case for the HS2 rail link.

104
Q

Are HOL select committees influential?

A

Lords committees can draw on the services of a range of well-qualified experts in different fields. For example, former Chancellor Lord (Nigel) Lawson was a member of the Economic Affairs Committee. Yet, however learned and thoroughly researched the reports of these Lords committees may be, their wider impact is usually limited.

105
Q

Weaknesses of opposition power and example

A

Opposition parties are not in a strong position to hold the government to account in parliament unless its majority is small. Even a leader of the opposition who is judged to be an effective performer in the Commons, such as William Hague in the period of Tony Blair’s first government, may make little real impression on the general public, as his defeat in the 2001 general election showed.

106
Q

Dilema opposition leaders face

A

Opposition leaders may choose instead of challenging gov in house in futile way constantly, to concentrate on attacking the government through the media, where they reach a larger audience. They have a constant dilemma in that they need to criticise ministers, while also projecting themselves in a statesmanlike light as a government in waiting.

107
Q

When can the opposition leader hold the gov to account?

A

The leader of the opposition does, however, have certain opportunities to hold the government to account.

They take the leading role in responding to the government programme, as set out in the annual Queen’s speech, and replies to the chancellor of the exchequer’s budget speech.

PMQs

Has certain number of days to propose subjects for debate

108
Q

When can opposition parties propose subjects for debate? Are they important?

A

The opposition parties are allocated 20 davs a vear to propose subiects for debate. Of these, 17 days are at the disposal of the leader of the official opposition - the largest opposition party - eaving the other three days to the second-largest opposition party.

These occasions are of only timbolic importance, allowing opposition parties to register their views on aspects of government policy. The government will usually table an amendment to the opposition motion, cancelling it out by commending its own policy. With an in-built majority it will usually have no difficulty in carrying the amendment.

109
Q

Example of opposing parties using their days to propose debates

A

The 5N, for example, used Its alcation in November 2015 to instigate debates on the Trident nuclear defence system, to Which they are strongly opposed, and on the closure of HMRC offices.

110
Q

Financial assistance available to opposition parties

A

Assistance is available to help opposition parties carry out their parliamentary business, in the form of ‘Short money’. The fund also provides help with the running costs of the leader of the opposition’s office. The purpose of Short money is to compensate for the fact that, unlike the government, opposition parties do not have access to support from the civil service. It is supposed to be spent on policy research and the salaries of staff who work for the opposition in parliament, rather than in their party headquarters.

111
Q

How has financial assistance available to opposition parties been changed in recent years?

A

The Conservative government cut the amount available after the 2015 general election, on the grounds that opposition parties should make sacrifices at a time when Whitehall departments’ funding was being reduced.

112
Q

What is PMQs and how is it important?

A

Prime Minister’s Questions is one of the regular set-piece events of the parliamentary calendar.
It is held once a week, at 12 p.m. for half an hour each Wednesday when the Commons is sitting.
It attracts considerable attention in press and television reporting. Its defenders argue that it obliges the prime minister to engage with the opposition on a range of topics, and the intensive preparation that goes on inside Number 10 suggests that it is a significant event. Tony Blair later described it as ‘the most nerve-racking, discombobulating, nail-biting, bowel-moving, terror-inspiring, courage-draining experience in his political life.

113
Q

Points PMQs is limited in its importance

A

-Critics, however, point to the ‘gladiatorial’ nature of the encounter between the prime minister and the leader of the opposition, which tends to reveal more about their respective personalities than it does about the detail of government policy. Clashes between David Cameron and Jeremy Corbyn for example, were notorious for their displays of prime ministerial scorn, with Cameron on one occasion attacking his opposite number’s choice of suit.

-There is considerable stage management, with MPs on the government side deliberately asking ‘planted’ questions to present the prime minister in a good light.

114
Q

Example of stages questioning in PMQs

A

In 2012, for example, it was revealed that Cameron’s parliamentary private secretary, Desmond Swayne, had orchestrated heckling of the Labour leader, Ed Miliband, and had asked Conservative MPs to create a ‘protective wall of sound’ around the prime minister when he faced opposition criticism.

115
Q

What questioning is arguably more effective than PMQs at scrutinising government activity and why? Why is it limited?

A

Better scrutiny of government activity is arguably provided by the rota on which ministers answer questions about their own departments. This usually entails more detailed questioning and ministers are given notice of oral questions so that they can prepare with the assistance of civil servants. MPs can also submit written questions that are answered by civil servants. This allows opposition MPs to inform themselves about government policy, and individual members can raise issues of interest to their constituents. This is, of course, much less well-known than the highly theatrical verbal duels between the prime minister and the leader of the opposition.