legislative processes in both Houses UKP Flashcards
(27 cards)
what is a public bill
affect the entire population
what is a private bill
- affect only organisations
- usually happens after organisations lobby
- E.G. University of Manchester Act 2004 facilitated the merging of two manchester unis
what is a government bill
- seek to fufil manifesto commitments/ government agenda
what is a private members’ bill
- introduced by backbench MPs
EXAMPLES OF PMB - Abortion act 1967
- Assault on Emergency Workers Act 2018
what are the three different ways a PMB is introduced
- enter ballot, 2 chosen and then are able to propose the bill on one of the 13 fridays
- 10 minute rule
- presentation where MP don’t speak to support it
what are the 5 stages which a bill goes through
- first reading
- second reading
- committee stage
- report stage
- third reading
what is the key role of the HOL in the legislative process
- lack democratic legitimacy so do not exert all powers
- only improves and fixes bills
- if reject by HOC, they will usually back down = happened during EU withdrawal Agreement Act 2020
when was a recent example of ‘parliamentary pingpong’
- 2021 Trade Act
- HOL wanted to prevent UK gov from making trade deals with countries which had committed genocide
- went between the two houses 6 times before April 2021
what is the salisbury convention
- HOL cannot block bills which was in government manifesto
- can offer ‘technical’ amendments but not ‘wrecking’ ones
- controversial topic, especially during coalitions and minority governments
what is secondary legislation
laws made by an individual or body under powers given to them by an Act of Parliament (primary legislation)
how has HOC scrutiny become less harsh
- MPs spend 24% of their time in the chamber between 2006-2021 (compared to 44% of peers)
- 27% of bills are subject to oral evidence by experts
- bills can be rushed through emergencies (COVID and Brexit)
how is ‘bringing down a government’ an exclusive power of the HOC
hold a vote of no confidence like in 1979
how is ‘forming confidence and supply’ an exclusive power of the HOC
- confidence and supply was seen in 2017
- DUP earned £1B in return, to be spent on Northern Ireland
how is ‘forcing through legislation’ an exclusive power of the HOC
- HOC can use Parliament Act 1911/1949 to pass legislation through
- used 7 times in total, three under Blair
WHEN BLAIR USED IT: - changing voting system for EU elections 1999
- age of consent to 16 2000
- banning hunting with dogs 2004
how is ‘passing fiscal/manifesto legislation’ an exclusive power of the HOC
- salisbury convention
- HOL cannot delay fiscal legislation due to Parliament Act 1911/1949
how is ‘forcing general election after 5 years’ an exclusive power of the HOL
- if government seeks to stay beyond 5 years without general election
- HOL calls for GE
how is ‘scrutiny and revising of legislation’ an exclusive power of the HOL
- when HOC rushes legislation through
- HOL crucial role in scrutinising and revising legislation
how is ‘delaying non-financial bills’ an exclusive power of the HOL
- often backsdown if amendments are rejected by HOC
how is ‘more representative’ showed that the HOL is growing in power and assertiveness
- dominated by life peers
- of 63 appointments from 2000-2014, 13 were of ethnic minorities
- 184/776 are crossbenchers
how is ‘becoming more powerful’ showed that the HOL is growing in power and assertiveness
- many life peers are ex politicians = Andrew Adonis was Secretary of State for Transport under Brown
- life peers are specialists from different fields (Lord Sugar/Lord Attenborough)
how is ‘independence from executive’ showed that the HOL is growing in power and assertiveness
TONY BLAIR
- defeated 4 times in HOC
- defeated 353 times in HOL
BOJO
- defeated 4 times in HOC
- defeated 243 times in HOL
TIME SCRUTINISING : 2020 Agriculture act
- 32 hours in HOC
- 96 hours in HOL
what are the arguments that the HOC is more powerful than HOL in terms of power over legislation
- Parliament Act 1911/1949 = cannot delay fiscal bills
- HOL is limited in legitimacy and vetos
- Salisbury convention weakens HOL
what are the arguments that the HOL is more powerful than HOC in terms of power over legislation
- takes stand against bill when necessary, eventhough lacks legitimacy
- delaying the bill is significant
- still scrutinises
what are the arguments that the HOL is more powerful than HOC in scrutinising legislation
- government has recently rushed scrutiny = HOL bigger role
- significant level of expertise
- HOL spends more time scrutinising
