2. Parliament Flashcards
(42 cards)
What is Parliament?
The British legislature (law-making body), made up of the House of Commons, House of Lords and monarch
What is the House of Commons and House of Lords?
- HofCs - The primary chamber of the UK legislature, directly elected by voters
- HofLs - The second chamber of the UK legislature, not directly elected by voters
What are ‘backbenchers’ and their man role?
- MPs who don’t have a ministerial or shaw-ministerial or shadow-ministerial position. They occupy the necessary in the debating chamber behind their leaders.
- Their man role is to represent their constituencies. They are also expected to support the leaders of their respective parties
What is an ‘Opposition’?
- The official opposition is usually the party with the second-largest number of seats in the Commons
- It’s role is to criticise the government and to oppose many of its legislative proposals
- It also seeks to present itself as an alternative government
What is the structure of Parliament?
- It is Bicameral (2 chambers legislature)
- The House of Lords (The Upper House)
- House of Commons (The Lower House)
- Housed at the Palace of Westminster which is an officially designated royal residence
What is the structure of the House of Commons and how does the selection of members work?
- It’s the Lower House
- 650 elected members (reviewed from time to time)
- Elections must be held every 5 years
- Members represent parties and the Prime Minister and cabinet are usually members (although Lords CAN serve in cabinet too)
- Can override the Lords in cases of disagreement
- Sovereign power
- The majority of MPs of the Commons are backbenchers and the rest of frontbenchers and ‘shadow’ ministers occupying the front bench that face the government. The Shadow Cabinet is headed by the leader of the opposition.
What is the structure of the House of Lords and how does the selection of members work?
- About 760 members. Not fixed
- Appointed for life (Life Peers)
- Mixture of party members - Government and Opposition are mirrored in the Lords, ‘crossbenchers’ - who don’t sit with parties, 26 Archbishops and Bishops of the C of E and 92 elected ‘hereditary’ peers
- The king performs the state opening of Parliament here
- Can delay bills from becoming law, but cannot prevent bills from becoming law
- Unlike HofCs with benchers in the HofLs everyone is of equal status
What are the three main functions of Parliament that both the Commons and Lords perform?
- Passing legislation
- Scrutiny of the executive
- Providing ministers
How does the function of passing legislation for Commons and Lords work?
- Most important function of Parliament. Parliament is the supreme legislative body in the UK, with authority to pass or amend laws on any subject. The HofCs 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
- 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. E.g. David Cameron’s defeat in March 2016 on plans to extend Sunday trading, when Labour and the SNP joined with Conservative dissidents
- 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
- 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. On the other hand, only a small number of bulls are so poorly drafted that they are virtually unworkable. The usual example given is the 1991 Dangerous Dogs Act, which passed in response to a series of tabloid stories about dog attacks. Critics argued that, instead of prohibiting certain breeds of dog, it should have targeted irresponsible 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
What are party whips and government whips and how do they work?
- They’re responsible for ensuring that MPs attend parliamentary votes (divisions) and for granting leave of absence if their vote is not essential
- Appointed by each parliament to help organise their party’s contribution to parliamentary
- They issue MPs with a written instruction to attend, a whip, which indicates how important it is for an MP to be present
- A responsibility is making sure the maximum number of their party members vote, and vote the way their party wants
- 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
- They 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
How does the function of ‘parliamentary scrutiny’ for Commons and Lords work?
- 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.
- 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
The most important ways the function of scrutiny is performed are:
- Questions to ministers - 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 - 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 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
How does the function of ‘Providing ministers’ for Commons and Lords work?
- 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 only be occasion be used to secure the services of a particular individual as a minister, if that person is not an MP, 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
How does the HofCs represent the electorate?
- 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
- E.g. A number of the 44 MPs who voted against plans for the London to Birmingham High Speed Rail link (HS2) in March 2016 represented constituencies that would be affected by the planned route
- 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
How effectively does parliament perform its representative function?
- Once 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’re allowed to make representations to colleagues in government, as long as they make it clear that they’re acting as their constituents’ representative and not as a minister. For example 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% of MPs elected in May 2015 were female - an increase on the 2010 figure, which was 22% - compared to 51% of the UK population. Similarly ethnic minority MPs make up 6% of the Commons, compared to 13% of the population. A patter has also been developing in recent decades in terms of the class and occupational background of MPs
What does ‘Confidence and supply’ mean?
A type of informal coalition agreement sometimes used in the event of a hung parliament where the minority partner agree to vote with the government on key issues, usually in exchange for policy concessions
What are the exclusive powers of the House of Commons?
- The ability to give consent to taxation and public expenditure and although the Lords debates money bills, it cannot interfere with them
- ‘Confidence and supply’ - Can occur in the event of a minority government, where the governing party does not join a formal coalition, but relies on a limited agreement with another party/parties to keep itself in office.
- E.g. The Conservative Party’s arrangement with the Democratic Unionist Party following the general election in June 2017
Why does the House of a Lords not have a lot of power and what has happened across time where the amount theyve had has decreased?
- When the UK started being more democratic in the early 20th century, 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
- The Lords powers have had legal restraints provided by the Parliament Acts of 1911 and 1949. The first of these 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. This set out in law that: the Lords had no right to delay money bills, and it’s power to veto non-financial bills was to be replaced by a power of delay lasting two parliamentary sessions (equivalent to 2 years)
- 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
- 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 the 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
What is the Salisbury convention (1945)?
The convention whereby the House of Lords does not delay or block legislation that was included in a governments manifesto
What distinctive powers does the House of Lords have?
- It acts 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
- 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
What are the debates about the relative powers of the HofLs in parliament?
- That 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
What are the different ways the Lords are becoming more important?
- 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
- 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 Deniocrat peers demonstrated growing independence during the period of the New Labour government. E.g. after the 2005 general election. The formation of the coalition government in 2010 cast further doubt on whether the Sallbum convention stil applied. This was because the government programme was based on a coalition agreement - between the Conservative and Liberal Democrat leaders - that had never been put to the voters
- Cross-bench peers also began to play a more important role in holding the goverament 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. E.g. 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 goverment accepted all the amendments proposed in the Lords.
How does the Commons maintain its supremacy?
- When clashes occur, the government can make use of its majority in the Commons to overturn critical Lords amendments if it chooses to do so.
- E.g. In February 2012, 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.
- 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 ol Terrorism Bill, In the end it is up to the government to decide whether to accept or reject any changes proposed by the Lords
- 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 (very rare) e.g. Equalising the age of consent for gay and heterosexual people (2000)
- In practice, the Lords wil usually drop its opposition after making its point, as they lack the democratic legitimacy needed to push its case further
What is a legislative bill?
Proposed laws passing through parliament
What is the difference between a legislative bill and an act of parliament?
- A legislative bill is a proposed 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 Lords
- An act of parliament is a bill that has completed all its stages in parliament and has become law