6.4 - The Legislative Process Flashcards

1
Q

What is a legislative bill?

A

A proposed piece of legislation which can be introduced in either the Commons or Lords.

If it passes both houses, it receives Royal Assent and became an Act of Parliament.

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2
Q

How can private member’s bills be introduced to the House?

A
  • Ballot
  • Ten Minute Rule
  • Presentation
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3
Q

What has the effect of the private member’s bill been?

A

Very little as very few have become law.

There is little influence of backbenchers as a result.

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4
Q

How can hostile MPs get a private member’s bill out?

A

They can filibuster.

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5
Q

What is filibustering?

A

Deliberately wasting time by giving unnecessarily long speeches or drawn out points.

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6
Q

Why are many MPs not present for private member’s bills?

A

Many MPs return to their constituents on a Friday.

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7
Q

What is the real impact of private member’s bills?

A

They raise the profile of a particular issue rather than changing the law.

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8
Q

How can a private member’s bill have a realistic chance of becoming law?

A

Bills that have cross-party support that the government looks favourably upon.

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9
Q

What recent private member’s bills have become law?

A

The International Development (Gender Equality) Act 2014.

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10
Q

What is one of the most significant private member’s bills?

A

The House of Lords Reform Act 2014.

It made it possible for members of the HoL to resign / retire.
Allowed peers to be expelled from the Lords for criminal activity or non-attendance.

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11
Q

What are the stages of a bill through Parliament?

A

First Reading
Second Reading
Committee Stage
Report Stage
Third Reading / Transfer
Royal Assent

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12
Q

What does the First Reading consist of?

A

The Bill is formally presented to Parliament by the relevant minister.

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13
Q

What does the Second Reading consist of?

A

The main principles of the Bill are debated.

The government front bench introduces the Bill, and the opposition front bench and backbenchers then debate the Bill.

(Almost all Bills get through this stage by government)

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14
Q

What does the Committee Stage consist of?

A

The Bill is then considered by a Public Bill Committee, or by the whole HoL if it began there.

Amendments are now proposed to the Bill.

The budget and Bills of constitutional significance are scrutinised by a Committee of the Whole House.

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15
Q

What does the Report Stage consist of?

A

The bill, and any amendments are now debated and votes are taken upon them.

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16
Q

What does the Third Reading / Transfer consist of?

A

The amended bill will be further debated before being transferred to the other house, where it goes through the same stages.

17
Q

What does Royal Assent consist of?

A

Once a Bill is passed by both houses, it receives the Royal Assent becoming an Act of Parliament.

If the Lords refuses support of a Bill, the Commons can overrule.

18
Q

What are backbenchers?

A

Members of the Commons and Lords who are not members of either the government front bench or opposition front bench.

They are not bound by collective ministerial responsibility and so are more independent, but are still expected to obey the party whip.

19
Q

What are the main roles of backbench MPs?

A
  • Represent the interests of their constituents.
  • Scrutinise the work of government.
  • Consider the merits of legislation.
  • Legitimise government decisions.
  • Take issues they regard as significant.
20
Q

How can MPs represent the interests of their constituents at Parliament?

A

They can ask questions in the chanmber and question ministers on their behalf.

21
Q

How did the Backbench Business Committee increase the power of backbenchers?

A

They can control parliamentary business for 35 days a year.

MPs can raise any question for debate with the committee.

22
Q

What is the Petitions Committee?

A

The committee that scheduled debates on petitions.

(Mostly e-petitions that have reached 100,000 signatures.)

23
Q

What actually determines how powerful backbenchers are per Parliament?

A

Governments with massive majorities can survive large rebellions by backbenchers, so they do not need to worry about the backbenchers as much.

Governments with small or no majorities are incredibly reliant on backbenchers for legislation.

24
Q

Do backbenchers play an important role in the Commons? (Yes)

A
  • Select committees scrutinise work of government departments.
  • The Liaison Committee holds the PM accountable for policy development and implementation.
  • ‘Redress of Grievance’
  • MPs can raise public awareness of issues.
  • Private Member’s Bills.
  • Backbench Business Committee.
  • MPs can dismiss the executive with a vote of no-confidence.
  • Public Bill Committee amendments.
  • Legitimising role.
  • Backbenchers are not bound by collective ministerial responsibility so they can oppose government whips.
    *
25
Q

Do backbenchers play an important role in the Commons? (No)

A
  • The government can ignore the advice of select committees.
  • MPs are expected to obey the party whip.
  • A vote of no confidence can only be called in exceptional circumstances.
  • Public Bill Committees are whipped and so opposition amendments are unlikely to be accepted.
  • Most Private Member’s Bills fail.
  • The government still dominates Parliamentary Agenda.
  • The government’s increasing usage of secondary (delegated) legislation to change laws has negatively impacted MPs legislative function.
  • MPs are increasingly expected to represent their local party rather than their own conscience.
  • If the government has a large parliamentary majority, it can survive backbench rebellion.
26
Q

What is the opposition?

A

The second-largest party in the Commons.

27
Q

What is the ‘redress of grievances’?

A

The right to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.

28
Q

Why is the opposition important in British Politics?

A

Ensures the government is held to account.
Gives the electorate a different choice other than the government.

29
Q

What should the opposition do?

A
  • Ensure that the government justifies its legislative programme.
  • Create a public debate by providing reasoned arguments.
  • Provide an alternative government-in-waiting.
  • Use front bench spokespeople to expose failures of policy implementation.
  • The PMQT should allow the opposition leader to present himself as the PM-in-waiting.
30
Q

How can opposition parties ensure they achieve their objectives?

A
  • 20 opposition days are given to opposition parties to choose the subjects for debate.
  • At Public Bill Committees, opposition MPs can scrutinise proposed government legislation.
  • Shadow Ministers expose mistakes and failures of their opposition roles in government.
  • With small majorities, the opposition can work with the Lords to uncover governmental failures.
  • During Parliamentary debate, the opposition forces the government to justify its policies.
31
Q

What are ministerial questions?

A

When the executive is sitting in the Commons, they can be held accountable for government policy via questioning.

32
Q

How long per day is given to oral questions ministers in the Commons?

A

One hour per day from Monday to Thursday.

33
Q

How long per day is given to oral questions to ministers in the Lords?

A

30 minutes, Monday to Thursday.

Although, questions are directed to the government rather than to a specific department.

34
Q

How long are ministers given to respond to written questions?

A

One week if asked in the Commons.
Two weeks if asked in the Lords.

35
Q

When is the PM expected to attend the Commons?

A

Every Wednesday from 12:00 to 12:30.