2.1 structure, role of the HoC and the HoL

Question 1

history

Historical acts

Answer 1

Bill of Rights 1689
Parliament Acts 1911/1949
Extension of the franchise, 1832, 1867, 1884, 1918, 1928, 1969
House of Lords Act 1999

Question 2

composition of the House of Commons

frontbench and backbench MPs

Answer 2

• MPs who have been invited by the PM to join governemnt are bound by collective ministerial responsibility
• main opposition party has a shadow frontbench team, who scrutinise their gov counterparts
• these people are also required to support their partys leadership

Question 3

composition of the House of Commons

party whips

Answer 3

Whips Office encourage MPs to vote on party lines, they also report back any large rebellions that might occur
three-line whips is used on important party issues. this means MPs must attend and vote with their party, if they refuse, they may have the whip withdrawn

Question 4

Whips

example of MPs not supporting the Whip

Answer 4

September 2019 21 Cons MPs including Kenneth Clarke, Phillip Hammond, and Rory Stewart had the whip withdrawn for supporting the HoC taking control of EU withdrawal negotiations (against the cons)

Question 5

whips

when is the whip most important? + examples

Answer 5

• when a gov has a small majority or is trying to survive as a minority
• Eg. 1976-1979: Callaghan government had to survive without a majority. the whips struggled to ensure all MPs went through the division lobbies
• Eg. Cons MP Roger Sims was late for a parliamentary vote, enabling gov to win by 1 vote, this provoked a somewhat menacing response from the whips office.
• Eg. Gov fell when a vote of no confidence proposed by Margaret Thatcher passed by 311-310 votes

Question 6

composition of the House of Commons

Speaker of the House

roles

Answer 6

• does not engage in debate
• ensures parliament functions as effectively as possible
• they arrange parliamentary buisiness with the leaders of the main parties
• ensures proper procedure
• presides over debates in the HoC
• discipline

Question 7

the Speaker of the House of Commons

egs of the speaker doing their job xx

Answer 7

• Eg. 2022 Leader of the SNP Ian Blackford (westminister) suspended after claiming Johnson had been ‘willfully misleading parliament over lockdown parties held at Downing Street’
• Eg. Sir Lindsay Hoyle (2019-) has continued to ensure toe executive does not seek to evade its responsibility to Parliament. Eg. 2021 he criticised the treasury when it briefed journalists about the upcoming budget before informing the HoC

Question 8

composition of the House of Commons

how is the speaker elected?

Answer 8

• by a secret ballot of all MPs
• once elected, they are ceremonially dragged to the speakers chair and at the beginning of each new parliament formally ,they must seek re-election.

Question 9

leader of the official oppositon

powers

Answer 9

• since 1970s been able to claim short money from public funds to finance them to help with parliamentary business
• leader can ask 6 questions during PMQs
• selecting a shadow cabinet

Question 10

main functions of the HoC

legislation process

Answer 10

1. first reading: bill is read out
2. second reading: main principles debates
3. committee stage: scrutinised on a public bill committee
4. report stage
5. third reading
6. HoL first reading
7. HoL second reading
8. HoL committee stage
9. HoL report stage
10. HoL third reading
11. Royal Assssssent

Question 11

main functions of the HoC

critics of the legislative process

Answer 11

• public bill committees vote on party lines, so always have a gov majority
• MPs often expected to vote how whips tell them to
• secondary/delegated legislation can be made through statutory instruments amending legislation. The HoC can therefore sidestep scrutiny

Question 12

main functions of the HoC

providing ministers: advantages/disadvantages

Answer 12

• MPs can prove their abilities in the legislature :D
• parliament provides the front benches for the gov + opposition, so choice is restricted (as many as 1/3 of the governing party may be given a ministerial role)
• PM selecting gov from their backbenches means patronage power. This reduces debate and free thinking

Question 13

main functions of the HoC

scrutiny and debate: what does it mean, function, significant example?

Answer 13

• debate govs legislative programme
• Eg. Police, Crime, Sentencing and Courts bill raised significant questions over state intervention
• MPs also debate PMBs

Question 14

main functions of the HoC

parliamentary backbench buisiness committee

Answer 14

Established in 2010: provides backbench MPs with 35 days a year where they can control parliamentary buisiness.
- MPs can raise any issue, often those that are neglected by the government
- Eg. 2021-2022, debates includes Black History Month, gender-specific religous persecution and the role of the Irish in Britain.

Question 15

main functions of the HoC

adjournment debates

Answer 15

takes place at the end of each days sitting
- MPs can apply to the speaker to ask a minister a question
- when the MP has asked their question, other MPs may ask questions if the minister/backbencher agree
- Eg. 2020 Neil parish MPs adjournment debate called on the BBC to protect regional news programmes

Question 15

main functions of the HoC

petitions committee

when was it established? examples?

Answer 15

• established in 2015, created to schedule debates on petitions that reached 100,000 signatures
• Eg. March 2022, the committee arranged an important debate on waiving visa requirements for Ukranian refugees

Question 16

main functions of the HoC

early day motions

Answer 16

• introduced by MP urging debate on a specific issue
• most don’t reach the floor of the HoC
• but they can demonstrate support for a praticular issue.

Question 17

main functions of the HoC

emergency debates

Answer 17

• HoC standing order 24 means an MP may request an emergency debate
• if the speaker lets them, an MP has 3 minutes to make the case for an emergency debate
• Eg. 3 September 2019, Oliver Letwin’s case was approved by John Bercow, and it enabled the commons to demand the gov to extend its brexit negotiations with a margin of 329-300

Question 18

main functions of the HoC

urgent questions

Answer 18

• MPs can apply to the speaker for an urgent question
• minister is rquired to explain to the HOC what hte government is doing on the issue raised if it serves public interest
• Eg. 2022 Sir Lindsay Hoyle granted Angela Rayner an urgent question to the PM on whether he had knowingly broken lockdown restrictions by attending Downing Street parties during covid

Question 19

main functions of the HoC

effectiveness of scrutiny/debate?

bad

Answer 19

debated
- 3 line whips mean MPs can be just as swayed by their whips as by arguments
- adjournment debates can often be in front of an almost empty chamebr
- many debates also lack the force to change the law (e-petitions, opposition day motions)

Question 20

main functions of the HoC

effectivness of scrutiny/debate?

good

Answer 20

Eg. December 2021 the HoC debate on the introduction of covid 19 passes in England generated powerful arguments on both sides over the extent to which the government can intrude in people’s lives

Question 21

main functions of the HoC

representation - criticisim

Answer 21

• the HoC is not reflective of the UK today
• too influenced by privately educated white middle class men.
• the way of electing the HoC of by FPTP means the political opinion of the electorate is not fairly represented
• 66% of MPs are men, 27% are privately educated when this is nationally 6%

Question 22

main functions of the HoC

representation - positives?

Answer 22

• Eg. Membership of the 2019 HoC was the most socially representative in history, with 34% of female MPs and 7% LGBTQ+ MPs’
• too simplistic to argue the background of MPs informs their approach? Eg. Westminister private schools have produced radically different politicians Tony Benn and Nick Clegg, Clement Attlee, Tony Blair, etc.
• Eg. Parliament’s that legalised same-sex marriage 2013 and same-sex acts 1967 were primarely composed of straight men

Question 23

main functions of the HoC

legitimation

what does it mean? examples? conventions?

Answer 23

• bills require consent of HoC before they can be enacted
• Since Parliament Act 1911, the HoC has the exclusive right to approve the budget
• convention has also been established that the HoC has to be consulted over committing British forces to military action, Eg. Iraq 2003 PMs have allowed parliament to debate large scale military commitments

Question 24

# composition of the HoL before the HoL reform act....

Answer 24

- hereditary peers claimed membership due to their title, with a small number of bishops representing the church of england: 'Lords temporal' and 'lords spiritual'

Question 25

# composition of the HoL how are HoL peers selected?

Answer 25

- the PM - the advice of **Downing Street's Main Honours Committee** - the opposition parties - **House of Lords Appointment Commission**

Question 25

# composition of the HoL House of Lords reforming legislation

Answer 25

1. **1958 Life Peerages Act** gave PM authority to nominate life peers to the HoL, who do not pass on their title, and their membership being based on piublic service. Professional legitimacy 2. **1999 House of Lords Reform Act** removed the right of 750 hereditary peers to sit in the HoL. Blair agreed to compromise, wehre 92 hereditary peers could be elected, and it is fixed at 92. The party allegiance also remains 42 cons, 28 crossbenches, 3 lib dems, 2 lab and 17 non affiliated. this means the HoL is composed of life peers, hereditary peers, and bishops of church of englnad.

Question 26

# composition of the HoL composition of the HoL in **2022**

Answer 26

800 members of the HoL, 26 bishops, 92 hereditary peers, remainder life peers. - so life peers should be much less influenced by party politics than the HoC the gov and opposition also have frontbenches, and the lords is presided over by the lord speaker, **Eg.** **2021**, Lord McFall of Alcluith was elected lords speaker

Question 27

# main functions of the house of lords legislation | functions

Answer 27

- the lords can introduce legislation, but it is usually introduced in the commons - the lords still refines legislation from the commons - they can delay legislation for 1 year

Question 28

# main functions of the house of lords legislation | role + importance

Answer 28

- often very valuanle and amendents are often accepted by the HoC as improving the bill - members of the HoL also much less influenced by whips because lots are crossbenchers, so have an open mind

Question 29

# main functions of the house of lords parliament acts 1911/49 importance + egs

Answer 29

- lords can sitll pass legislation over the objections of the HoL, due to the parliament acts - **Eg. 2000 Sexual Offences (Amendment) bill** reducing the legal age of gay sex from 18-16 passed in the HoC but rejected on the lords, so the commons invoked the **1949 Parliament Act** bypassing the lords.

Question 30

# main functions of the house of lords heavy defeat in the lords + implications for the commons

Answer 30

- may persaude the government to reconsider whether to modify or continue the legisaltion. - **Eg. 2008** clauses in the **counter-terrorism bill** to enable terror supsects to be held for 42 days **without charge** were defeated in the Lords by 191 votes. Gordon Brown decided to drop them from the bill - **Eg. 2020** HoL criticism that the **Internal Market Bill 2020** didn't recognise authority of devolved governmetnts led to the government conceding some regulatory differences that could be accepted within a 'common framework'

Question 31

# main functions of the house of lords gov large majority + implications for the LORDS

Answer 31

much less prepard to accept lords amendments - **2020** Johnson had an 80 seat election victory. The HoC rejected all 5 of the lords amendments to the EU bill. One of which was the Dubs amendment, which would have ensured an unaccompanied child refugee would still be able to join relatives in the Uk after Brexit.

Question 32

# main functions of the house of lords scrutiny: Committees

Answer 32

- House of Lords sessional committees: particular issue, last from one session to the next - special enquiry (ad hoc) committees: specific issue, but also a specific time period committees concentrate on major social/political issues and make reccommendations to the government

Question 33

# main functions of the house of lords particularly significant HoL sessional committee?

Answer 33

- the Secondary Legislation Scrutiny Committee: highlights when statutory instruments are badly worded so may not achieve their purpose. **Eg. 2022** staturoy instruments used to reduce to 4 weeks the time when claimants may limit their job search to the same occupation and pay level as their former occupation, which had formerly been 3 months

Question 33

# main functions of the house of lords significant sessional committee? global warming hint

Answer 33

- sessional House of Lords committee on the environment and climate change: has held the government to account for not achieving its carbon reducation targets, and launched and enquiry into how the public can help solve climate change - **2020** special enquiry into the negative economic and social consequences of gambling reported its findings and advice based on extensive consultation

Question 34

# main functions of the house of lords joint HoL and HoC committees (3 main ones)

Answer 34

1. human rights 2. national security strategy 3. statutory instruments

Question 35

# main functions of the house of lords joint HoL and HoC commitees: national security members eg.

Answer 35

- **2022:** members included Tony Blair's former defence sec Lord Reid, Lord Butler, Lord Dannatt, Tobias Ellwood (chair of the HoC defence select committee), etc. - their reports are highly regarded

Question 36

# main functions of the HoL joint HoL and HoC commitees: established when? eg?

Answer 36

- joint committees can be established to deal with a specific issue - **Eg.** Joint Committee on the Draft Online Safety Bill - **2021** made 127 reccommendations

Question 37

# joint HoL and HoC commitees legitimation, representation, providing government, debate

Answer 37

- lords is not democratically representative, and so does not have a legitimising role, since legislation can be enacted without its consnet - **scrutiny**: commitees provide the government with valuable information/advice. Members of the Lords can also serve as government ministers - **debates:** wisdom + experience of the Lords means debates are less politically toxic, and can raise vital issues of public concern

Question 38

# main functions of the HoL HoL, Ukraine, and Russia.

Answer 38

- 10 months before the invasion, on **15 April 2021**, former lib dem leader Lord Campbell of Pittenweem, questioned the gov on how it was responding to the growing pssibility of a russian invasion - perhaps eg for wisdom?