Chapter 4 - Parliament

Question 1

House of Commons

Answer 1

Formed of 650 Members of Parliament (MPs) who each represent the constituency they won the last general election. Nearly all belong to a political party and sit with other party members.

Question 2

His Majesty’s Loyal Opposition

Answer 2

The largest political party that is not in government. Leader is the Leader of the Opposition, and debates with PM on performance of government.

Question 3

Shadow cabinet

Answer 3

Supports the Leader of the Opposition and scrutinizes their counterpart in government.

(i.e. Foreign minister scrutinizes foreign minister).

Question 4

Speaker of the House of Commons

Answer 4

Chosen by all MPs. Speaker’s main function is to maintain order during debates and ensure that MPs comply with rules of parliamentary procedure. Expected to be politically impartial.

Question 5

Elections in Parliament

Answer 5

House of Commons - General elections, House of Lords - Unelected.

Question 6

Dissolution of Parliament (Elections in Parliament)

Answer 6

General elections held 25 working days after Parliament is “dissolved”. Dissolution occurs five years after the date that it first meets or earlier by royal prerogative after a request from the Prime Minister.

Question 7

Qualification for Membership (Elections in Parliament)

Answer 7

No qualifications other than to be over 18, citizen of a Commonwealth country, not a Member of House of Lords, those holding following offices (Members of Judiciary, civil servants, members of armed forces, members of police forces, members of parliament/legislatures outside commonwealth ie EU.

Question 8

By-Elections (Elections in Parliament)

Answer 8

In between elections, seats can become vacant through the death or retirement of a member. This triggers a by-election for that constituency to select a new member.

Question 9

Recall of MPs Act 2015

Answer 9

If an MP has been:

• Convicted of an offence and is sentenced to imprisonment;
• Suspended by the House of Commons for 10 days for misconduct; or,
• Found guilty of providing false or misleading information in relation to their expenses,

The speaker will notify the constituency. This triggers a “recall petition” in the constituency. If more than 10% of the electorate in that constituency sign the petition, then a by-election is held. The MP is said to have been recalled back to their constituency, and if they so wish, can contest the by-election.

Question 10

House of Lords (name four categories)

Answer 10

Is an unelected chamber. Currently around 800 members, each belonging to one of four categories:

(1) Hereditary Peers

(2) Life Peers

(3) Lords Spiritual

(4) Law Lords

Question 11

Hereditary Peers (House of Lords categories)

Answer 11

Hold a title at the rank of a Duke, Earl, Viscount, or Baron.

These titles are hereditary and pass down through the family, usually to the first-born son.

House of Lords Act 1999 limits numbers to only 92.

Question 12

Life Peers (House of Lords categories)

Answer 12

Make up the majority of the House of Lords, meaning that HoL is primarily an appointed chamber.

Appointed by the Monarch on the advice of the Prime Minister and are given the rank of Baron.

By convention appointments are made in approximate proportion to the share of the vote each political party achieved at the previous general election.

Unlike hereditary peers, these titles extinguish on the death of the holder and do not pass down in the family.

Question 13

Lords Spiritual (House of Lords categories)

Answer 13

The most senior 26 bishops of the Church of England.

Question 14

Law Lords (House of Lords categories)

Answer 14

Were appointed for life when the House of Lords served as the highest appellate court in the UK. This role was replaced by the Supreme Court, but some Law Lords still remain.

Question 15

The King’s Speech (Primary Legislation)

Answer 15

Parliament lasts up to five years split into “Parliamentary Sessions” of about 12 months starting in May.

Every session is opened by a King’s Speech during the State Opening of Parliament.

King reads out a speech prepared by the government outlining the government’s legislative proposals for the following session.

Question 16

Parliamentary Session (Primary Legislation)

Answer 16

Parliament lasts up to five years split into “Parliamentary Sessions” of about 12 months starting in May.

Significant because a Bill must pass House of Commons, House of Lords, and receive Royal assent within the session when it was first announced. Otherwise must start again in the next session.

Exception when HoC / HoL agrees to “carry over” a bill from one session to another.

In between sessions Parliament cannot meet and business is suspended until the beginning of the next session.

Question 17

Prorogation (Primary Legislation)

Answer 17

A session ends and the next one begins when the Monarch, on the advice of the Prime Minister, exercises the royal preorogative power of prorogation.

Power must be exercised reasonably due to possibility it could be used by the government to effectively suspend Parliament for long periods of time. Anything other than a short prorogation must be justified or it could be reviewed as unlawful by courts.

Question 18

Legislative Process (name all stages)

Answer 18

First Reading

Second Reading

Committee Stage

Report Stage

Third Reading

Consideration of Amendments (ping pong)

Royal Assent

Question 19

First Reading (Stages of Legislative Process)

Answer 19

First stage of Bill’s passage through parliament.

Formality that introduces the bill into the chamber. Government publishes the text of the bill and explanatory notes that outline the government’s intentions behind the bill.

Question 20

Second Reading (Stages of Legislative Process)

Answer 20

First opportunity for the principles of the bill to be debated. Takes place in the chamber of the HoC, and all MPs can choose to take part.

Question 21

Committee Stage (Stages of Legislative Process - name two types of Committee)

Answer 21

When the bill is scrutinised line by line. MPs can table amendments to the bill. These are debated and , if approved, they will form part of the bill.

Two main forms of committee:

(1) Public Bill Committee - Between 16 and 30 MPs form a Public Bill Committee and consider the bill. The political parties are represented in proportion to their share of the seats in the main chamber. The Committee can receive evidence from experts or campaign groups about the bill.

(2) Committee of the Whole House - Entirely uncontroversial or urgent bills, or bills of first-class constitutional importance are considered by all MPs meeting in a Committee of the Whole House. Meets in the Commons chamber.

Question 22

Report Stage (Stages of Legislative Process)

Answer 22

The bill is received from the committee and is reconsidered in the chamber.

Further amendments can be made at this point, but in the House of Commons, the Speaker is unliekly to select for debate amendments that cover issues which have already been debated in an earlier stage of the process.

Generally, this stage gives an opporuntity for all MPs to raise concerns over matters of policy.

Question 23

Third Reading (Stages of Legislative Process)

Answer 23

Often quite brief and gives MPs or peers a final review of the bill before going to the other House to start at first reading.

In HoL is the last chance for amendments to be made.

Question 24

Consideration of Amenments / Ping Pong (Stages of Legislative Process)

Answer 24

During its process through either House, most bills are amended, sometimes quite heavily.

The amendments need to be considered in teh House that first consideered the bill. If the amendments are accepted, then thge bill can be sent to the Monarchg for Royal Assent. If the amendments are not agreed, then they can be removed or counter-amendments can be sent to the second House.

The second House then has to consider whether to insist on their amendment, accpt the counter-amendment, propose a compromise, or back down entirely.

This process is repeated between the Houses until the final text of the bill is agreed.

Question 25

Royal Assent (Stages of Legislative Process)

Answer 25

Once the bill has been approved by the House of Commons, and the House of Lords, in order for it to become law, the Monarch must grant the Royal Assent.

This is seen as a formality because by consitutional convention, Royal Assent is always granted.

Question 26

Powers of the House of Lords (name two limits)

Answer 26

Generally has the same powers as the House of Commons to pass legislation or to make amendments.

The passage of a bill can be more difficult in the House of Lords than in the House of Commons because the govenrment usually lacks a majority in the House of Lords.

The House of Lords can force the govenrment to accept amendments that the fovernment does not want to make and can ultimately reject a bill entirely. However, in practice thse powers are restricted by a combination of political and legal rules, reflecting the notion that the unelected House of Lords should not ultimately thwart the wishes of the elected House of Commons.

Limitations on House of Lords’ powers:

(1) Salisubury Convention

(2) Suspensory Veto Under Parliament Acts 1911-1949

Question 27

Salisbury Convention (Limitation on HoL Powers)

Answer 27

If a government bill is implementing a commitment that the party elected into government made in their manifesto, then the House of Lords will grant a second reading to the bill as a matter of course and will not otherwise block the legislation

The House of Lords reserve the right to make amendments to the bill at later stages in the legislative process.

Question 28

Suspensory Veto Under Parliament Acts 1911-1949 (Limitation on HoL Powers)

Answer 28

If the House of Lords block a piece of legislation already passed by the House of Commons, which is then reintroduced and passed by the House of Commons in the next session of Parliament, only for the House of Lords to block it again, the bill is sent to the Monarch for Royal Assent.

This means that the House of Lords does not have an absolute veto over legislation but, rather, merely a ‘suspensory veto’, in that they can only delay rather than block legislation completely.

The main condition is that, in the House of Commons, a year needs to have elapsed between the bill being granted a Second Reasing in the first session and being granted a Third Reading in the second session.

Parliament Acts 1911-1949 DO NOT apply to secondary legislation - HoL may block this!

Question 29

Commencement / Commencement Provision

Answer 29

Once legislation has received Royal Assent, it will usually not come into forrrce immediately. Usually it will inclde a commencement provision giving power to the government to bring the legislation into force at a later date.

AKA Commmecement Orders / Commencement Regulations.

Are a type of SECONDARY LEGISLATION

Order will detail which provisions of the Act are to take effect and from what date. (Usually come into effect at different times.

If not, legislation comes into effect immediately.

Question 30

Amending / Repealing / Sunset Legislation

Answer 30

Parliament may amend legislation at any time.

Parliament may repeal legsilation.

“Sunset Clause” sometimes inlcded which means that some provisions or all of an Act expires on a certain date.

Question 31

Secondary Legislation / Delegated Legilsaiton / Subordinate Legislation / Statutory instruments / Regulations

Answer 31

Legislation made by the government under the authority of an Act of Parliament.

Usually used to implement policies or provide the detailed regulations necessary for government scheme to operate.

May be struck down in courts - made by government and not by Parliament. This is done if secondary legislation goes beyond the powers granted to government. Courts may also restrict power to ensure compliance with Rule of Law.

Question 32

Negative Resolution Procedure (Enactment of Secondary Legislation)

Answer 32

Draft of the secondary legislation is laid before House of Commons and House of Lords.

It will take effect on the date stated unless within 40 days of being laid, either House votes in favour of rejecting the secondary legislation.

If no motion is passed, it becomes the law.

No amendments to the draft may be made.

Parliament Acts 1911-1949 DO NOT apply to secondary legislation - HoL may block this!

Question 33

Affirmative Resolution Procedure (Enactment of Secondary Legislation)

Answer 33

Alternative to Negative Resolution Procedure.

Draft of secondary legisalation is laid before both HoC and HoL and both Houses must expressly vote in favour of the secondary legislation for it to become effective.

In the HoC - secondary legsilatoin can be debated in the chamber or by the Delgated Legislation Committee.

No amendments to the draft can be made.

Parliament Acts 1911-1949 DO NOT apply to secondary legislation - HoL may block this!

Question 34

Henry VIII Powers

Answer 34

Powers granted to the government to amend primary legislation.

In practice, used to give government power to make minor amendments to legislation.

However, if frafter more broudly (to allow significant changes) becomes controversial - Breach of separation of powers as the role of law-making shifting away from legsilature to executive.

Question 35

Parliamentary Priviege

Answer 35

Includes a rule that ensures the freedom of speech in Parliament.

Seperation of powers underpins this rule. Proceedings of Parliament are a matter for Parliament alone.

Ensures that MPs and peers are free to speak in Parliament without fear of being sued in the courts.

Reflects principle of parliamentary soveriengty - Is no for the courts to question Acts of Parliament.

Sub Judicie Rule - Requres that MPs and peers do not refer to cases which are currently before the courts during debates. Concern that what is said in Parliament may affect the outcome of the case.

Exception - Use of Parliamentary Debates to Aid interpretation. Courts will used debates held in parliament to aid interpretation and intention of parliament for unclear legislation.

Question 36

Sub Judicie Rule (Parliamentary Privilege)

Answer 36

Requres that MPs and peers do not refer to cases which are currently before the courts during debates. Concern that what is said in Parliament may affect the outcome of the case.