Parliament Flashcards
(50 cards)
1
Q
5 functions of Parliament
A
- Legislation
- Scrutiny and oversight
- Recruitment of ministers
- Representation
- Legitimacy
2
Q
Successes of Parliamentary representation?
A
Pros
- Strong MP constituency links
- HoL expertise, merit appointments
- Parliament is usually responsive to a need for change
- Descriptive representation is improving (14% ethnic minority)
3
Q
Failures of Parliamentary representation representation?
A
- Dominated by major parties (Lab and Cons)
- Increasingly more political appointments (e.g. cash for honours scandal 2006)
- Descriptive rep is especially lacking in HoL (avg. age is 71)
4
Q
Successes of Parliamentary legitimacy?
A
- Elected HoC (results give legitimacy to mandate - primarily majority governments)
- HoL expertise (e.g. Baroness Boycott - Journalistic expertise - crossbench)
5
Q
Failures of Parliamentary legitimacy?
A
- HoL is unelected, political affiliations (e.g. Lord Faulkner - services to the Labour party)
- FPTP is not propotional (e.g. 2024 Lab won 412, 63%, seats with 34% of the votes)
- HoC is an elected dictatorship (smaller parties lack power)
6
Q
Successes of Parliamentary scrutiny and oversight?
A
- Backbench MPs (e.g. Blair 2003 Iraq - 198MPs, incl. 121 Lab MPs)
- Official opposition (incl. chairing the Public Accounts Committee)
- Select Committees (e.g. Amber Rudd 2018 Home Affairs Committee deportation target failure)
- Individual and Collective ministerial responsibility (e.g. Priti Patel unsanctioned Israeli meeting 2017)
- Votes of no confidence (e.g. Johnson 2022 July - 62 resignations)
7
Q
Failures of Parliamentary scrutiny and oversight?
A
- Opposition may be limited by a strong govt. party
- Often ministers can simply be moved into a different post and can return to the cabinet (e.g. Priti Patel Int. Dev. Dep. resignation became Home Sec and is now in shadow cabinet)
- Investigations are long, drawn-out, often only historically relevant (e.g. PPE contracts and ‘VIP lane’ inquiry)
- Often scrutiny is made efficient by media attention and pressure e.g. Labour party ‘freebies controversy’
8
Q
Successes of the Parliamentary recruitment of ministers?
A
- Increasingly more diverse and representative
- Before becoming MPs people sometimes gain experience as SPADs
9
Q
Failures of the Parliamentary recruitment of ministers?
A
- Increasingly many are starting out as SPADs (e.g. Ed Miliband - for Gordon Brown, Matt Hancock - for George Osborne)
- Often favoring loyalty over merit
10
Q
Successes of Parliament’s legislating function?
A
- Parliament Acts 1911 and 1949 limit HoL delaying abilities
- Opposition days (17 for offical Opp)
- Power of the governing party makes it easier to pass legislation
- Salisbury convetion - HoL will not block legislation proposed to fulfill promises made in a manifesto that got elected
11
Q
Failures of Parliament’s legislating function?
A
- Parliamentary ‘Ping Pong’ can be long and costly
- Stalemates can occur when one House dislikes the proposed legislation e.g. Hunting Act 2004
- HoL can delay legislation
- Private Member Bills have a very low success rate <5%
- Opposition days at Speaker’s discretion e.g. 2024 Labour’s Gaza motion got voted on over SNP motion which had been scheduled
12
Q
Role of select committees?
A
13
Q
How are select committees effective in their roles? (4)
A
- Expert witnesses e.g. General Hockenhull (strategic command MOD) in Defense Committee on armed readiness
- Holding minsters to account e.g. Home Affairs Amber Rudd deportation targets
- Making recommendations e.g. Home Affairs Prevent Review findings
- Wright Reforms - since 2010 secret ballot to elect chairs, PAC chair must be opposition (more legit. and scrutiny)
14
Q
How are select committees NOT effective in their roles? (5)
A
- Witnesses can refuse to appear e.g. Mark Zuckerberg x2 refusals regarding fake news inquiries
- Own party questioning may lack pressure e.g. May’s evasiveness on whether Parliament would get a vote on Brexit HoC Liaison Committee
- Govt has 60 days to respond and does not have to implement recommendations
- Most committees have a government party majority - executive control is maintained
- Diversity is often lacking e.g. since 1979 93% of the Defence and Foreign and around 75% of committee witnesses (from 153 committees) have been male
15
Q
Role of the official opposition?
A
16
Q
How is the official opposition effective in its role? (6)
A
- Minimum 20 opposition days a year - 17 to official opp
- Official role and structured
- Responsible for operating the shadow cabinet
- Job is to promote alternatives to government suggestions
- Seeks to replace the governing party so scrutiny is in their interest
- PMQs questions - 6 to opposition leader and 2 to the leader of the second largest party
- A minority govt means that govt is forced to try to win over opp. members
17
Q
How is the official opposition NOT effective in its role? (3)
A
- Opposition can still whip its MPs
- Views of MPs and their constituents may not always align which can weaken the parties e.g. Brexit where 2/3 of Labour consts had voted leave
- Naturally has a minority which means for a defeat they have to win over other parties or govt rebels
- FPTP often gives opp. less representation in terms of seats e.g. 2017 Cons won 42% of the vote but 48% of seats while Lab won 40% of the votes and only 40% of the seats
18
Q
Role of the HoL?
A
19
Q
How is the HoL effective in its role?
A
- HoL Act 1999 and Life Peerages Act 1958 - increased legitimacy by reducing hereditary peers to 92
- No party majority (current: 270 Cons, 180 Crossbench, 175 Lab)
- Experts in their fields (e.g. Lord Sugar for business and enterprise) or experienced politicians (34%)
- No whips - allows for rebellion and opposition without consequences
- Frequently extracts concessions for civil liberties (e.g. Ensuring prosecution under the Religious and Racial Hatred Act 2006 required proof of intent) and adding sunset clauses (e.g. FTPA - ensuring no parliament can bind the next)
20
Q
How is the HoL NOT effective in its role?
A
- Still 92 hereditary peers - lacking legitimacy
- Outgoing executive often attempts to flood the house with new peers e.g. 243 appointments by Cameron, Truss appointed 30 despite only 49 days in office
- Sometimes attempt to defend their own interests e.g. 2004 Hunting Act
- Salisbury Convention means they should not interfere with manifesto promises
- Parliament Act 1949 only allows a delay of 1 year and no veto power
- Expensive - 2010-2015 £360,000 claimed by 62 peers for years where they hadn’t voted
- Voting participation is on average 30% lower amongst crossbenchers than political peers
21
Q
What are the 3 types of sovereignty?
A
Political - Exercised by the public in general elections, they give legitimacy to Parliament since leg and exec derive authority from public support
Legal - In law. Parliament can attempt to enact any legislation it chooses, no Parliament can bind the next
Popular - legitimacy derived from public support through both direct and representative democracy
22
Q
Arguments that Westminster Parliament is sovereign? (7)
A
- Reserves the right to enact legislation e.g. to repeal EU membership
- No codified constitution, no law above Parliamentary statute law
- SC cannot strike down an Act of Parliament only highlight incompatibilities
- Parliament could abolish devolved bodies (showing that they hold the ultimate power)
- ECHR in law through the Human Rights Act is regularly law, can be suspended or repealed by Parliament
- Results of referendums are not legally binding
- Leaving the EU has largely removed the influence of the EU as a source of legislative guidance
23
Q
Arguments that Westminster Parliament is NO LONGER sovereign? (5)
A
- Convention now that major decisions should be made via referendum rather than solely Parliament
- PM can advise the monarch to prorogue Parliament - thus prorogation (suspension) of Parliament does not require a vote by Parliament
- 2016 Brexit referendum results were honoured despite 75% supporting remain in 2016 (Shows political sovereignty over of the public is superior to Parliaments)
- Since devolved bodies were formed as an outcome of referendums it is likely Parliament would prefer to abolish them this way to maintain public support
- There used to be “primacy of EU law” which meant that where UK and EU law conflicted EU law took precedence
24
Q
HoC background
A
- 650 seats since the 2010 boundary review
- 403 seats for Lab, 120 Con, 72 Lib
- Roughly one MP per 71,000 voters
- Size allows for more representation but it also expensive
- MPs must be over 18, not imprisoned for more than one year, not holding office for profit under the crown, not in the HoL
25
HoL background
- Around 830 peers
- 92 hereditary peers , 26 spiritual peers (Archbishops and Bishops)
- unelected - legitimacy point
- List of nominations (written by PM typically with contributions from other party leaders) is given to HoL Appointments Commission and signed off by the monarch
- Average age is 71
- Only around 24% female
- 280 Cons 180 crossbenchers, 175 Labs
26
Yes - need for HoL reform
- More democratic and legitimate if elected
- May be more professional with higher participation rates - (47% political peers, 16% crossbenchers)
- More descriptive representation, younger, more variation in social class
- More responsive to the public if elected
27
No - need for HoL reform
- Expensive, an additional 100 peers would cost taxpayers around £2.6m annually (electoral reform soc)
- Loss of expertise, loss of merit based appointments and more political
- If elected they would have to be given salaries rather than allowances
- Would threaten the primacy of the Commons - which house would be superior
28
HoC is more powerful than the HoL - paragraph structure
Argument: Yes, HoL is more powerful and effective for scrutiny but overall HoC holds superior power enhanced by greater legitimacy and elected mandate
1. Restrictions vs Privileges
2. Elected vs Unelected (diversity, partisanship, expertise)
3. HoL secondary leg veto power vs HoC Vote of Confidence
29
What is a Private Member Bill?
- Proposed by govt backbenchers and opposition or Lords (anyone who isn't a govt minister)
- Very little time (only 13 Fridays allocated)
- A ballot is used to determine which PMBs will get debated
- 10 minute rule bills, aim to enable discussion and debate on a matter
- In the Lords if a PMB has support from the house and at least 1 MP it can go on to be discussed in the HoC
- PMBs originating in the HoC get priority over bills carried over from the HoL
E.g. Murder (Abolition of Death Penalty) Act 1965, Abortion Act 1967
(Expansion of rights)
Stalking Protection Act 2019
30
3 Constitutional limits on the power of the HoL
1. Parliament Act 1911 - HoL could only delay a bill for 2 years - HoC Right to insist on legislation
2. Parliament Act 1949 - HoL could only delay a bill for 1 year, established Financial Privilege of the Commons (HoL cannot veto money bills)
3. Salisbury Convention - HoL will not block legislation which was promised as part of the governments elected manifesto
31
4 reasons why bills pass
1. Whips
2. Govt Majority
3. Public pressure
4. Patronage, loyalty
32
6 reasons why bills fail
1. Significant moral issues
2. Small majority, coalition
3. Controversial issue
4. Lack of consensus
5. Weak unity/badly controlled party
6. United opposition
33
3 Exclusive powers of the HoC
1. Right to insist on legislation (Parliament Acts)
2. Financial Privilege (Parliament Act 1949)
3. Power to dismiss the exec through confidence and supply (votes of no confidence)
34
2 Conventions underpinning the primacy of the Commons
1. Salisbury Convention (Govt has mandate for manifesto promises which HoL should not interfere with)
2. 'Reasonable time' convention (1 year general PAs, 1 month for money bills - financial privilege)
35
HoL policy impact
Prevention of Terrorism
Anti-terrorism, Crime and Security Act 2001
- sunset clause
- appeal mechanism
Prevention of Terrorism Act 2005
- Subject to judicial decisions (in line with ECHR)
36
HoL policy impact
Incitement of Hatred
Racial and Religious Hatred Act 2006
- separated out the offences
- ensuring only intentional behaviour could be prosecuted
37
38
PMQs examples
1. Thatcher 1990 - flipped the statistics to highlight issues in Corbyn's own constituency
2. Cameron 2011 - "Calm down dear" misogynistic appearance and was badly received by the press
3. Cameron 2012 - Called Ed Balls a "muttering idiot" forced to retract by speaker
4. Kier Starmer 2025 - said the Cons were "sliding into braindead oblivion"
39
Liasion Committee
- established that PM has to appear twice a year to allow for scrutiny
E.g. Cameron aimed to provide transparency regarding Syria
E.g. Johnson put on the spot about vaccines during Covid
- chairs of all other committees
However...
- media coverage is limited
- PMs can evade questions e.g. May on Brexit but lots of very technical and procedural questions
40
Backbench Business Committee
- Set up following the 2010 Wright Reforms
- Can schedule b.b. motions once a week (35 days per session)
- Often used as an opportunity to debate uncomfortable topics e.g. Afghanistan
- Can have significant impact on policy
e.g. EU ref tory rebellion in b.b.c lead to a shift in leadership stance
e.g. 2011 Hillsborough disaster debate
- Decide which petitions get debate time
- Cross party cooperation
However...
- little rep for small parties
- time is allocated at short notice which makes it harder to debate urgent topics and attendance tends to be lower
41
How are backbenchers effective?
- (some) Independent minded
- Increasing govt defeats
- Increasing urgent questions e.g. during Brexit period 0.88 per sitting day
- Select committee powers
- parliamentary privilege
- Backbench business committee
- More emergency debates e.g. Steel Industry Special Measures Bill 2025
42
How are backbenchers NOT effective?
- Often whipped (lobby fodder), partisanship
- Dominated by govt MPs
- Low attendance at debates
- PMB rarely succeed
- Petitions do not always get debated
43
Backbench Rebellion - Syria
- 2013
- 30 Conservative and 9 Lib Dem MPs rebelled
- Against joint action with the US in response to claims of chemical weapons being deployed in Syria by Assad
- First time PM was defeated on military conflict
44
Backbench Rebellion - Iraq
- 2003
- 121 Labour MPs broke the whip
- total of 199 MPs voted against
- case for military intervention yet "unproven"
45
Coalition rebellion statistic
Coalition MPs rebelled in 35% of votes 2010-2015
46
Backbench Rebellion - Gay Marriage
- 2013
- 136 Con MPs rebelled and 5 Cons abstained
-
47
Backbench Rebellions - Extending Sunday trading times
- defeated by 27 Cons MPs
- SNP also refused to support it (shows influence of regional parties on English laws)
48
Major govt defeats Blair
- Racial and Religious Hatred Bill - motion to disagree with HoL amendment specifying intent
- 90 days without charge - Terrorism Bill
49
Major govt defeats May
- 2018 opposition motion found the whole govt guilty of contempt of parliament
- 'meaningful vote' on Withdrawal Agreement rejected twice
50
Major govt defeats Johnson
- Parliamentary approval for Brexit withdrawal was withheld forcing Johnson to apply for an extension
