2. parliament

Question 1

exclusive powers of the house of commons

Answer 1

• the right to insist of legislation: in cases of conflict over legislation, the lords should ultimately give way to the commons
• financial privilege: the lords can’t delay or amend money bills
• the power to dismiss the executive: if the government is defeated on a motion of no confidence, it must resign
• exclusive authority: to give consent to taxation and expenditure
• this is because the HoC represents the taxpayer, so the lords can see the bills but not interfere with them
• this also means that the chancellor must come from the commons

Question 2

confidence and supply

Answer 2

• this can occur in the event of a minority government, where the governing party doesn’t join a formal coalition but relies on a limited agreement with another party
• eg the conservative party agreement with the DUP in 2017
• the supporting party will provide backing on a vote of no confidence (confidence) and will vote through the government’s budget (supply)
• more flexible and less stable than a formal coalition
• the government requires the confidence and supply of the HoC to remain in office
• supply refers to the authorisation of government spending by the commons
• the commons can remove the government by defeating in a motion of no confidence

Question 3

main powers of the HoL

Answer 3

• the primary of the HoL is underpinned in legislation, notably the parliament acts of 1911 and 1949 in constitutional conventions
• the main conventions between the two chambers are the:
• sailsbury addison convention: bills implementing manifesto commitments are not opposed by the lords
• reasonable time convention: the lords should consider government business within a reasonable time

Question 4

functions of the HoL

Answer 4

• the lords do not usually object to secondary legislation
• the main functions of the HoL are the:
• mainly a revising chamber, proposing amendments to government legislation
• delay non financial legislation for up to one year in order to force the government to reconsider
• the only scenario in which the lords retains its veto is in the unlikely case that 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

Question 5

parliament acts do not effect the bills that

Answer 5

are sent from the commons less than a month before the end of a session

Question 6

how did the parliament acts get passed in the first place

Answer 6

• the 1911 act was pushed through after two general elections in 1910 gave the liberal government a strong mandate
• the threat of many new liberal peers being created forced the Lords to push it through
• the 1949 act was never agreed by the HoL but was forced onto the statute books using the 1911 Act so its legality has been challenged a number of times (most recently in 2004, with the hunting bill)

Question 7

when the lords support to the commons

Answer 7

• it is the default position and therefore largely unreported
• the general aim is to have the law enacted with a year because, if its any longer, events will have overtaken the original intent or purpose of the bill
• eg firearms (1997), the human rights act (1998)

Question 8

reasonable time convention

Answer 8

• the government needs to get its legislative proposals through parliament in a reasonable time
• whereas, the government has significant control of the parliamentary timetable in the HoC, it doesn’t have this in the HoL
• it should not be deliberately overlooked or delay consideration of government bills and should ensure that they are passed by the end of the session
• reform proposals have included a 60 day limit for consideration of government business by the lords although critics claim this would weaken parliamentary scrutiny

Question 9

secondary legislation and the house of lords

Answer 9

• parliament delegates to ministers the authority to issue secondary legislation which brings into force the amendments part of an act
• the parliament acts don’t cover secondary legislation but it is convention that the lords does not usually reject it
• it is neither rigid nor universally accepted
• in 2015, the HoL amended two regulations on tax credits
• the government responded by establishing the Strathclyde review of the primacy of the commons in this area
• the review recommended that the commons should be able to override any lords’ vote to reject secondary legislation
• May 2017 government announced it had no plans to curb the powers of the lords

Question 10

a more assertive lords

Answer 10

• the HoL has become more assertive in the legislative process since the removal of hereditary peers in 1999
• it blocked the sexual offences (amendment) act (2000) and the hunting act (2004), forcing the government to employ the parliament act in the following session
• government defeats have become more frequent
• the Blair-Brown governments were defeated 7 times in the HoC but more than 400 times in the HoL
• many defeats on judicial and constitutional matters (eg counter terrorism and restrictions on the right to trial by duty)

Question 11

debating major issues

Answer 11

• parliament is the place where people expect issues of major importance to be discussed
• eg HoC held debates before they decided to go to war in Iraq
• parliament becomes the focus of the nation’s attention on these occasions
• in the HoC, PMQs held every Wednesday is the media focus for the debates
• if a crisis emerges during a parliamentary recess, it is usual for members to demand that parliament be recalled in order for the issue to be discussed

Question 12

debating major issues - urgent questions

Answer 12

• an MP or lord can request an urgent question
• it is the speaker’s decision as to whether they accept this and it is timetabled for the beginning of the next parliamentary session
• the power to ask an urgent question is equal for all MPs
• urgent questions are asked at the beginning of the day and a request is submitted to the speaker
• if it is deemed not important, it gets binned
• if the speaker honours this request, the government and opposition are notified
• example: when the SNP asked an urgent question on the supreme court’s decision to now allow Scotland a second referendum in the House of Commons

Question 13

debating major issues - petitions

Answer 13

• the petitions committee refer petitions that achieve over 100,000 signatures to be debated in parliament
• if the petitions committee has no petitions over this threshold and a petition is important enough, they may request its debate

Question 14

backbench MPs and debate

Answer 14

• backbench MPs can speak in the second reading (most important debate) on any bill, but do not have an equal right to speak
• the speaker, who presides over debates, normally gives preference to ex-ministers, especially on important issues
• in most cases, an MPs will enjoy the right to be heard of they wish to say anything

Question 15

parliamentary privilege

Answer 15

• MPs have parliamentary privilege
• this meant that they can’t be sued for anything mentioned during a speech within the confines of Westminster
• example: Bob Seely, MP for the Isle of Wight, used parliamentary privilege to name layers helping Russian oligarchs in the UK
• they can also initiate adjournment debate, which gives them a chance to publicly share their views on subjects important to them
• MPs can put down early day motions for the same purpose, giving their views in writing in the hope that enough MPs will offer supporting signatures to win publicly for the cause
• early day motions are never debated but they can serve to make a point provided that sufficient signatures can be obtained

Question 16

standing order 43

Answer 16

• a convention that means that personal insults can’t be given in the chamber
• ‘dodgy dave’

Question 17

sustaining government

Answer 17

• the UK has a system of parliamentary government so as well as holding the government to account, parliament should ensure that the government can actually govern
• this is achieved by the governing party having a majority of seats in the HoC

Question 18

motion of no confidence/confidence motion

Answer 18

• party: no confidence in the leader
• eg Theresa May 2018 (survived), 2019 (removed), Boris Johnson 2022 (removed)
• government: timetabled motion that is debated and voted on
• however, they won’t vote if it doesn’t benefit them

Question 19

parliament is effective in holding the government to account

Answer 19

• the executive’s control over the parliamentary timetable has been weakened by the creation of the backbench business committee and the greater use of urgent questions
• backbench MPs provide greater checks on government policy that in the past, with increased incidents of rebellion (a constraint on government action)
• the reformed HoL, in which no party has a majority, is a more effective revising chamber amendments made in the lords often force the government to rethink legislation
• select committees have become more influential, with government accepting 40% of their recommendations, the election of select committee chairs and members has enhanced their independence
• government has accepted restrictions on the exercise of certain prerogatives (right to authorise military action), even if this is not legally binding an important precedent has been set
• the increased assertiveness of the HoL has led to many government defeats

Question 20

parliament is not effective in holding the government to account

Answer 20

• the Sailsbury convention
• government controls parliament’s agenda, so the limited amount of time allocated to PMBs and debates selected by the opposition is limited
• the power of the whips and the inducements of prime ministerial patronage remain important tools of executive power; using parliamentary private secretaries and ministers the government has a payroll vote of about 100, which is a majority hard to beat
• ministers can still obstruct select committees from summoning officials to their hearings and do not have to act on their reports
• government defeats are rare, most backbench MPs from the governing party obey the whip on most votes

Question 21

examples of HoL appointments using patronage power

Answer 21

• Gordon Brown (2008-2010) appointed Lord Alan Sugar to the HoL in 2009
• David Cameron (2010-2016) appointed Ed Llewellyn, his former chief of staff, as a member of the HoL in 2016

Question 22

members of the House of Lords

Answer 22

• lords spiritual: archbishops and bishops
• lords temporal: life peers and hereditary peers

Question 23

example of a select committee

Answer 23

the home affairs select committee investigated a disagreement in 2011 between Theresa May, the home secretary at the time, and Brodie Clark, a civil servant, over UK border force failings

Question 24

committee system

Answer 24

• a large part of the work of the HoC and HoL takes place in committees made up of around 10 to 50 MPs or lords
• these committees examine issues in detail from government policy and proposed new laws to wider topics, like the economy
• types of committees: select, joint, general, grand and public bill

Question 25

select committee development

Answer 25

• in 1979, the HoC select committees were introduced to monitor the performance of the major departments of the state
• select committees now work in both houses
• they check and repot in areas ranging from the work of government departments to economic affairs
• they have also been set up to investigate specific policy commitments, eg HS2
• the results of these inquiries are public and many require a response from the government

Question 26

why can select committees have a strong mandate

Answer 26

• the membership of a select committee is a minimum of 11, (unlike public bill committees) they are non partisan so all MPs are expected to work together
• the political parties vote members into select committees, rather than the whip being involved (increases party legitimacy)
• they are generally well regarded backbenchers and/or have lots of experience
• chairs of select committees are elected by MPs as a whole, ensuring they posses considerable cross party support
• they receive a financial bonus for this work

Question 27

select committee example

Answer 27

• since 2014, Sarah Wollaston, MP has been chair of the health and social care committee
• as a former GP and independent (former conservative) MP, she is ideally suited for the role and is considered to have the expertise and confidence to lead scrutiny of the department of health and social care

Question 28

select committee wider interactions

Answer 28

• select committees consult widely with ministers, civil servants and experts
• they can send for ‘persons, papers and records’ to help them with their investigations
• they can compel attendance from members of the public
• im select committees, MPs are still protect by parliamentary privilege
• as a result of this, select committees can engage in intense questioning of relevant parties without fear of prosecution
• critics claim that the way in which committees interrogate witnesses creates a ‘bear pit’ atmosphere
• witnesses are expected to attend and have no right to sit in silence, creating an adversarial and hostile environment

Question 29

functions of the House of Lords

Answer 29

• law making
• scrutiny of the government
• investigating public policy
• representation

Question 30

investigating public policy

Answer 30

• select committees in the HoL conduct investigation into policy areas by hearing evidence from a range of people, including experts on the policy area and ministers
• from 2016-17, the HoL produced 41 reports on policy areas (eg brexit)

Question 31

types of MP

Answer 31

• in the HoC, there are 650 MPs
• 4 are speakers (the speaker of the HoC and three deputies)
• 120 are government ministers
• 25 are her majesty’s official opposition
• the rest are backbench MPs

Question 32

MP’s party

Answer 32

• MPs are largely beholden to their party of the position
• in return for their help in getting elected, political parties expect loyalty
• MPs are expected to ‘toe the party line’ and vote in the way that the party leader and the whips insist
• if MPs do not do this they may have the ‘party whip withdrawn’ these means that they no longer sit as MPs for their political party

Question 33

what do individual MPs do

Answer 33

• the main role of a backbench MP is to represent the interest of their constituents
  in addition, they should:
• scrutinise the work of government
• consider the merits of legislation
• legitimise certain government decisions
• raise issues of concern (eg through urgent questions)

Question 34

how can MPs achieve change

Answer 34

• they can enter the ballot to ask a question during question time; backbench questions can often be the hardest for ministers to field because they often relate to niche issues in their own constituencies or concerns
• they can apply by ballot for a motion for the adjournment, this means that they will be able to speak in a debate the next day, if they catch the speaker’s eye
• they can introduce legislation by winning the private members ballot or by introducing a new bill under the 10 minute rule bill
• they can convey their views in the media, appearing on national and local TV and radio programmes (question time)
• they can play an active role in a select committee

Question 35

MPs’ constituency

Answer 35

• MPs have to be careful to look after the issues of their constituencies
• MPs regularly hold surgeries and attend constituency meetings about issues that will affect their constituents
• MPs often deal with issues on behalf of their constituents, representing their interests to government departments
• however, it is by convention that MPs only deal with their own constituents
• MPs also represent their constituencies, regardless of the political allegiance of their constituents

Question 36

PMs and their constitiuencies

Answer 36

• Rishi Sunak is a constituency MP for Richmond (Yorks)
• Keir Starmer is a constituency MP for Holburn and St Pancras
• Boris Johnson is a constituency MP for Uxbridge and South Ruislip

Question 37

ten minute rule bills

Answer 37

• the ten minute rule bill is an important way for MPs to try to introduce their own legislation
• if they wish to submit a ten minute rule bill, MPs must be first in the queue in the public office bill three weeks before the date they wish to present their bill
• when they present the bill, they can give a speech on the issue lasting up to ten minutes
• successful eg driving instructors (registration) act 2016
• as the government decides how much parliamentary time is given to any issue, ten minute bills rarely turn into laws
• only 11 ten minute rule bills have become laws since 1983

Question 38

conscience and special interests

Answer 38

• MPs might have their own preferences
• they may also introduce their own attempt to change the law (PMBs)
• sometimes, MPs can also act on behalf of special interest groups
• however, this can lead to problems for MPs (eg cash for questions)

Question 39

factors that limit MPs - party loyalty

Answer 39

• the demands of party loyalty can limit the effectiveness of an MP
• there are very few opportunities for independent thought and action
• eg many votes are three line whip, meaning MPs have to vote the way their party instructs them, failure to do so many result in them being expelled from the party
• many MPs see themselves as ‘trainee ministers’ and are unwilling to give up their chances of promotion to vote inline with personal conscience

Question 40

the whips

Answer 40

• they are responsible for organising party discipline and making sure the agenda of the party is pushed through in parliament
• the chief whip in the HoC is assisted by 14 assistant whips
• whips exist in the HoL, but the discipline is less strong
• items on the parliamentary order paper are underlined several times, depending on their perceived importance
• anything underlined with three lines is mandatory for MPs to attend and vote for the government’s position
• occasionally there will be a free vote in the HoC, meaning that there will be no whipping at all

Question 41

free votes

Answer 41

• assisted dying bill (2015-2016)
• marriage (same sex couples) bill (2012-2013)

Question 42

whips and party loyalty

Answer 42

• maintaining loyalty is important for any party and this is why the whips are given such a prominent role within their party
• it is essential because splits can mean to the les of a governing party’s majority
• eg Callaghan (labour, 1970s) and Major (conservative, 1990s) were both hurt by rebellions
• Major famously called the conservative party ‘bastards’ over their refusal to support his policy on Europe
• governments need the backing of MPs to pass their legislative agenda
• divisions are harmful as they present the party as weak
• divisions can make it unclear what government policy is

Question 43

example of rebellious MPs

Answer 43

• Philip Hollobone
• conservative MP for Kettering
• 19.7% rebellion rate

Question 44

factors that limit MPs - poor facilities

Answer 44

• poor facilities
• there has been a development of facilities for MPs over the last decade
• particularly, there was the building of portcullis house, which now houses many MPs
• given the job they do, there is still a lack of office space and many MPs can’t afford a permanent office in their constituency, meaning that the constituency surgeries often take place in local amenities

Question 45

factors that limit MPs - the growing amount of constituency work

Answer 45

• constituency work is now much more demanding than in used to be
• MPs are are ever more easily contactable and are expected to respond in ever quicker ways
• most MPs spend on average about 3 hours every day on constituency business which leaves them with less time to focus on their parliamentary role

Question 46

factors that limit MPs - select committees

Answer 46

• service on public bill and select committees
• this removes the member from the floor of the house
• this means they may miss parliamentary business whilst they are focusing on their committee work

Question 47

the size of the majority

Answer 47

• the extent to which backbenchers wield influence depends on the size of the government’s parliamentary majority
• Blair won landslide parliamentary majorities in the 1997 and 2001 general elections, as a result could survive very large rebellions by his backbenchers (therefore, the backbenchers had less power)
• if a government has a very small or no existent majority, then backbenchers will be at their most influential as the whips (on both sides) will need to make concessions to secure their support
• having lost her parliamentary majority in the 2017 general election, May had to manage rather than lead brexit to create as much cross party support for her strategy as possible

Question 48

the complexity of government issues

Answer 48

• MPs are often experts on certain subjects and become familiar with a wide range of policy areas over time
• however, there is still a wide range of issues they must consider, especially with the imposition of a more managed economy
• this is a term that means that the government’s spending more time intervening in economic affairs
• MPs tend to specialise in certain areas and inevitably do so at the expense of others
• eg Dennis Skinner, republican labour MP
• relative insignificant: however, the government does not need to take backbench MPs seriously

Question 49

parliamentary privilege

Answer 49

• parliamentary privilege is a principle which protects MPs and peers from being sued for libel or slander, thus ensuring that they have freedom of speech within westminister
• it also includes the right of parliament to exclusive cognisance, which means it controls its own internal affairs without outside interference
• eg lord hain names Philip green as uk #metoi businessman

Question 50

1922 committee

Answer 50

• backbench Conservative party group
• it is named after a group of backbench conservative MOs who voted to end the coalition with the liberals in 1922
• they meet once a week and the chairman has direct access to the party leader or PM
• these are the people who instigate the vote of no confidence

Question 51

parliamentary Labour Party

Answer 51

• refers to the Labour Party in parliament
• they have a big day in electing the next party leader and regularly holds meetings to discuss party policy

Question 52

her majesty’s official opposition

Answer 52

• refers to the largest political party in the HoC that’s not in government
• their role is to question and scrutinise the work of the government
• more generally, any party that is not a part of the government is described as an opposition party

Question 53

shadow cabinet

Answer 53

• the shadow cabinet consists of members from the main opposition party in the HoC and HoL
• this is currently the labour party
• it’s role is to examine the works of each government department and develop policies in their specific areas

Question 54

leader of the opposition

Answer 54

• the leader of the largest opposition party is the leader of the official opposition
• this role commands an additional salary to the parliamentary salary revived as an MP
• the leader also picks a shadow cabinet to follow the work of government departments

Question 55

opposition days

Answer 55

• opposition days are days where the main subject of business is chosen by the opposition parties
• under commons standing order number 14, 20 days in each session are made available to the opposition of which:
• 17 days are allocated to the leader of the official opposition and 3 days to the leader of the second largest opposition party who shares the time with smaller parties in the HoC
• the government may also make additional days available, these are called unallotted days

Question 56

bill

Answer 56

• a bill is a proposal for a new law or a proposal to change an existing law
• all acts of parliament start of as a bill
• there are two types of bill: public and private

Question 57

public bills

Answer 57

• bills that have a general effect, makes changes that affect the whole population
• parliament spends most of its time debating public bills which have been introduced by government (government bills)
• backbench MPs can also propose public bills (private members bills)

Question 58

private bills

Answer 58

• they make changes to the law that only apply to specific individuals or organisations
• less common
• eg transport for London act (2016)
• outside groups can request a private bill when they would like to acquire powers that go beyond general law

Question 59

hybrid laws

Answer 59

• have a general effect but some provisions single out particular individuals or groups
• eg the high speed rail (west midlands-crewe) bill (2017)

Question 60

the legislative process

Answer 60

house of commons
1. first reading
2. second reading
3. committee stage
4. report stage
5. third reading
house of lords
6. first reading
7. second reading
8. committee stage
9. report stage
10. third reading
11. royal assent

Question 61

consultation process

Answer 61

where outside groups are invited to contribute as the government decides what to include in the bill

Question 62

green paper

Answer 62

• consultation document that explains the specific issues the government would like to address, along with various different courses of action, to prompt debate and discussion
• the issue is still open for influence as the government has not settled on a course of action

Question 63

white paper

Answer 63

• a more focused document than green paper
• sets out the government’s plans for new legislation and invites feedback so that necessary changes can be made before the bill is presented to parliament

Question 64

house of commons first reading

Answer 64

• this stage is mostly a formality
• the title of the bill is read out and it is followed by an order for it to be printed
• there is no debate on the bill at this stage

Question 65

house of commons second reading

Answer 65

• the minister responsible for the bill makes a statement supporting it, this is followed by comments from the relevant shadow minister
• MPs then debate the general principles of the bill, rather than specific clauses and then vote on whether the bill will progress
• almost every bill passes this stage

Question 66

house of commons committee stage

Answer 66

• the bill is sent to a public bill committee (PBC)
• they are temporary, named after the bill they are scrutinising and disbanding when finished
• approximately 16 - 50 members, the composition of the PBC is roughly proportional to the rest of the house
• PBCs can receive written evidence and oral evidence hearings before they begin scrutinising the bill
• it is possible for bills to be sent to the committee of the whole house, which takes place on the floor of the chamber, allowing any interested MP to take part; they are often used for bills of major constitutional importance or great urgency, or bills that are so uncontroversial they have little opposition (e.g. Wales act 2014)

Question 67

house of commons report stage

Answer 67

• once a committee has examined the bill, it is reported back to the house of commons
• MPs debate the bill in its amended form, possibly amending or repealing changes made by the PBC
• MPs can propose new amendments on points that were not made in the committee stage

Question 68

house of commons third reading

Answer 68

• MPs debate the overall content of the bill and decide whether to accept or reject it in this current form
• no more amendments are proposed at this stage
• it is unusual for bill to be defeated at this stage
• once the bill has been agreed to, the bill moves on to the house of lords

Question 69

committee stage in the house of lords

Answer 69

• there are no PBCs in the house of lords
• all peers can participate in the committee stage
• bills are scrutinised either by: committee of the whole house (meets in the chamber) or by grand committee (meets away from the floor of the house)

Question 70

differences between the lords and the commons in the legislative process

Answer 70

• peers spend more time debating bills than MPs do
• the speaker in the house of commons decides which amendments will be debated, whereas the lord speaker has no such power, and all amendments can be debated in the lords
• the chair of the PBC selects amendments for debate in the commons, the lords committee stage is open to all peers and they can debate as many amendments they like
• in the commons, 100 MPs can vote to bring a debate to a close with a closure motion, but closure motions can’t be used to the house of lords; peers debate for as long as the house feels its appropriate

Question 71

the west lothian question

Answer 71

• when debating plans to devolve powers to Scotland, Northern Ireland and Wales, Tam Dalyell, the labour MPs for the Scottish constituency of West Lothian asked whether it would be fair that English MPs can no longer vote on matters that have been devolved to the Scottish/Welsh/Northern Irish legislatures but those MPs can still vote on bills that only effect England
• to improve this, they created ‘english votes for english laws’ but that was suspended in 2020