Parliament (2.1-2.4) Flashcards
(33 cards)
What is Parliament?
Parliament is the British legislature (law-making body) made up of three central elements: the 2 Houses and the monarch.
-Sometimes referred to as Westminster, the district of London where it’s located - housed at the Palace of Westminster (an officially designated royal residence).
-Dates back to the 13th century, when the King permitted the election of an assembly to assist him in governing the country.
How many chambers does the UK parliament have? What are they?
The UK has a bicameral parliamentary system - 2 chambers:
-House of Commons - elected.
-House of Lords - unelected - arguably weakens the ability to hold the executive to account - as people don’t elect lords - they are appointed.
What is the House of Commons? How is it structured? How are members selected? Who do MPs represent?
House of Commons (The Lower House) - the primary chamber of UK legislature, directly elected by voters.
-The Commons is the source of all primary legislation and Acts of Parliament.
-It has sovereign power.
-The Commons can override the Lords in cases of disagreement.
Structure:
-650 elected members - represent single-member constituencies - elected by FPTP (usually an average of 6 candidates seeking election per constituency).
-Elections must be held every 5 years according to the Fixed Term Parliaments Act, 2011 (since been repealed by the Dissolution and Calling of Parliament Act 2022, the calling of an election within a term length of 5 years remains) - constituency boundaries change every 10 years according to census data.
-An early election can be held in the event of a government losing a no-confidence vote, or if 2/3 of parliament support a motion for an early election.
-If an MP dies or suddenly retires, the vacancy is filled by a holding a by-election in that constituency.
-Members nearly always represent parties but can stand as independent candidates. MPs who lose the whip are kicked out of the parliamentary party and must sit as independent candidates until the next election E.g Diane Abbott, Jeremy Corbyn, Matt Hancock.
-The cabinet are usually members of the Commons, although Lords CAN serve in cabinet too.
What are ministers? What are frontbenchers and backbenchers? What proportion of members of the House of Commons are backbenchers?
Ministers - members of the House of Commons or House of Lords (e.g Lord David Cameron), chosen by the Prime Minister to be members of the government, sub-divided into different departments - headed by the Prime Minister.
Frontbenchers - MPs who are either members of the government as cabinet ministers, or members of the opposition party in the ‘shadow’ cabinet - both sit at the front opposite each other.
Backbenchers - MPs who do not have a ministerial or shadow-ministerial position - i.e not in the cabinet of the government or shadow cabinet of the opposition - they sit behind the frontbenchers.
-The majority of MPs (roughly 3/4 of the total membership of the Commons) are backbenchers - they have no ministerial role and are not in government.
-Their main role is to represent their constituencies.
What is the opposition? What is its role? Who heads the Shadow Cabinet?
The official opposition is usually the party with the second-largest number of seats in the Commons.
-Its role is to criticise the government and to oppose many of its legislative proposals.
-It also seeks to present itself as an alternative government.
-The leader of the opposition party heads the shadow cabinet - they decide who will join them on the front benches to face the government.
What is the House of Lords? How is it structured? How are members selected?
House of Lords (The Upper House) - the second chamber of the UK legislature, not directly elected by voters.
-The House of Lords can delay bills from becoming law, but cannot prevent them from becoming law.
-The King performs the state opening of parliament in the House of Lords (opens a new session of parliament) - reads out the King’s speech (written by the PM but is customarily delivered by the sovereign in a neutral tone), which sets out the government’s priorities over the coming year.
Structure:
-792 members (as of March 2024). There is no limit on the sizes of its membership - not fixed.
-3 types of peers - life peers, spiritual peers and hereditary peers .
-Life peers are appointed for life.
-Life peers consist of both party members (government and opposition are mirrored in the Lords), and ‘crossbenchers’ (neutral figures so do not sit with parties - they are often experts in their field - the appointment of crossbenchers overseen by the House of Lords Appointment Commission operated set up in 2000 to nominate a proportion of peers not linked with a party - there are currently 183 crossbenchers in the Lords).
-Spiritual peers - the 26 Anglican Archbishops and Bishops - sit in the Lords for historic reasons as the CoE is the official church of the British state.
-Hereditary peers - 92 peers who inherit their positions (e.g John Attlee, grandson of Clement) - roughly 750 peers removed by the 1999 House of Lords Act.
What are the 3 influences on Parliament? What are the advantages and disadvantages of each?
1) Political influence - policies/manifestos of the various parties are presented to the electorate during election campaigns. The majority party in parliament forms the government (most of the time).
2) Public opinion & the media - e.g Abortion Act 1967 (from David Steel’s private member’s bill), Hunting Act 2004 (banned fox hunting). More likely to influence parliament when a general election is imminent, hence there is a lot of pandering to the public through things like tax cuts.
3) Pressure groups and lobbyists - groups that have a particular interest (can be sectional - Law Society or the BMA, or cause Greenpeace, League against cruel sports) - or individuals will ‘lobby’ in the lobbies of Westminster, where the public have access to MPs.
Advantages:
-Political influence - allows legislation to be shaped by party policies and pledges.
-Public opinion - represents what most people are thinking.
-Pressure groups and lobbyists - allows for organised external influence from groups not operating within parliament itself - another layer of representation.
Disadvantages:
-Political influence - policies and manifestos usually have a short-term focus, and are subject to unpredictable and rapidly-changing circumstances. Often governments change - e.g Liz Truss’ radical changes not part of Johnson’s 2019 manifesto.
-Public opinion - tyranny of the majority, fluctuates, not always accurate or well-informed. Prone to ‘moral panic’ or knee-jerk reactions.
-Pressure groups and lobbyists - undue influences can be damaging in that they may only benefit a small group of elites, rather than the majority - may be detrimental.
What are the 3 main functions of parliament? What separate fourth function does the Commons also have?
Both the Commons and the Lords perform 3 main functions:
1) Passing legislation
2) Scrutiny of the executive
3) Providing ministers
4) Representing the electorate - Commons only
What is the role of parliament in passing legislation? How do the Commons and Lords differ for this function?
-The most important function of parliament - parliament is the supreme legislative body in the UK, with the authority to pass or amend laws on any subject.
-Most legislation is initiated by the government - there is limited opportunity for backbench and opposition MPs to propose measures of their own.
-Parliament mostly reacts to measures put forward by the executive, rather than develop its own legislative proposals.
-Parliament is rarely able to defeat or significantly amend legislation. To succeed, this requires solid opposition from the opposition parties, combined with rebels on the government side.
-The government can push through legislation using the argument of overriding necessity - e.g control orders, introduced through the 2005 Prevention of Terrorism Act, completed all its stages in just 18 days.
-Legislation is very rarely unworkable - an example of an unworkable bill was the 1991 Dangerous Dogs Act, which banned certain breeds of dog, rather than targeting irresponsible owners. It was heavily criticised by the RSPCA.
Commons vs Lords:
-The Commons has exclusive power to give consent to taxation - as the elected chamber it represents the public, and the Lords is not allowed to amend or interfere with the passage of financial legislation (‘money’ bills).
-The Lords has the right to amend non-financial legislation.
What are party whips? What is their role in the passing of legislation?
Party whips are responsible for ensuring that MPs attend parliamentary votes (known as ‘divisions’). Members of both Houses register their vote for or against issues by physically going into two different areas either side of their debating chambers - ‘division lobbies’. This is known as ‘dividing the House’. In the Commons, MPs vote by physically dividing into two separate areas - the Aye and No lobbies.
-Whips issue MPs with a written instruction to attend - also known as a ‘whip’.
-The ‘whip’ will indicate how important it is to attend by underlining the instruction either once, twice or three times.
-‘Three-line whips’ are the most important votes.
-Government whips may offer the prospect of ministerial posts in order to encourage and reward loyalty - they may also sanction those who do not accept the party line.
-Persistent rebels may have the whip withdrawn, meaning that they are effectively withdrawn from the parliamentary party - e.g Jeremy Corbyn had a record for the most rebellions during the Blair years.
-Party whips reinforce the adversarial nature of the party system - the opposition constantly confronts and challenges the government.
What is the role of parliament in terms of scrutiny of the executive? How is scrutiny performed? How do the Commons and Lords differ for this function?
Parliamentary scrutiny:
-Parliament has a duty to exercise oversight of the executive’s actions.
-The opposition seeks to hold the government to account and to expose its errors.
-Ministers have a duty to explain and defend their policies in parliament - the appointment of Lord Cameron as Foreign Secretary raised concerns over the ability of his department to be properly scrutinised by the opposition in the Commons.
Scrutiny performed by:
-Debates - these can be impressive set-piece events, since the creation of the Backbench Business Committee in 2010, backbench MPs have more power to shape the agenda by allowing them to choose the topic for debate on one day per week (35 days in each parliamentary session).
-Questions to the PM at PMQs and to ministers at ministerial questions - criticised for being overly theatrical and a point-scoring exercise dominated by the PM and leader of the opposition.
-Select committees - backbench-consisting committees that shadow, investigate and report on individual government departments in the Commons (different to USA one’s, temporary committees set up to investigate a particular occurrence or event - e.g Hunter Biden). These Commons select committees are composed to reflect the proportionate size and strength of the parties in the Commons. As of 2010, their Chairs are not chosen by party leaders, but rather by MPs (non-executive).
Commons vs Lords:
-Most government departments are represented in the Lords by a junior minister. This is to ensure that the Lords can scrutinise the work (e.g legislation) of government departments and the executive as a whole.
-The counterpart of select committees in the Lords carry out topic-based inquiries.
-Debates in the Lords are often given credit for their high quality, as participants commonly include recently retired individuals with expertise in a particular field.
What is the role of parliament in terms of providing ministers? How do the Commons and Lords differ for this function?
-Ministers must sit in one of the 2 houses.
-Parliament acts as a recruiting ground for future ministers, with the whips making recommendations to the Prime Minister on suitable candidates for promotion.
-The PM possesses wide powers of patronage.
Commons vs Lords:
-A person does not have to sit in the Commons to become a minister - Theresa May had one Lord in her cabinet.
-In 2008, following the financial crisis, Gordon Brown appointed Peter Mandelson from the European Commission to the Lords so that he could serve as Business secretary.
-In 2023, Sunak awarded David Cameron (Lord Cameron) with a peerage in order to appoint him as Foreign Secretary after Braverman’s sacking as Home Secretary. This again shows how a minister does not have to be an MP.
What is the role of the Commons in terms of representing the electorate? How effectively does parliament perform its representative function?
-The Commons has a representative function since it is the elected house.
-FPTP means that there is a strong link between MPs and there constituency - they are expected to respond to issues raised by individual constituents and to stand up for local interests.
Effectiveness:
-An MPs loyalty to their party (reinforced by the desire to win promotion to government) may come into conflict with the need to represent their constituency.
-The Ministerial code advises ministers to take care to avoid conflicts of interest - i.e constituents versus personal gain in the party.
-The Commons does not represent the demographic proportions of society - women and ethnic minorities are underrepresented. Although, we now have the UK’s first British Asian Prime Minister.
What are the 2 exclusive powers of the House of Commons?
1) To give consent to taxation and public expenditure:
-The Commons represents the taxpayer.
-Although the Lords can debate money bills, they cannot amend or interfere with the passage of them.
-For this reason, the chancellor of the exchequer (national treasury) is obliged to sit in the Commons, where the annual budget is presented.
2) Confidence and supply:
-A type of informal coalition used in the event of a hung parliament, where the largest party does not join a formal coalition, but it instead relies on a limited, informal agreement with a minority partner who agree to vote with the government in exchange for policy concessions.
-The ‘confidence’ part refers to the voting part of the arrangement. The ‘supply’ part refers to the minority partner voting through the government’s budget.
-E.g Conservatives and the DUP after the 2017 election was a confidence and supply agreement - Conservatives 8 seat shorts of a majority. Another example would be the 1977 Lib-Lab Pact between Callaghan’s minority Labour government and the Liberal Party.
What are the main powers of the House of Lords? What are its constraints?
-The Lords is less powerful than the Commons - as suggested by one of its alternative names: the ‘second chamber’. This is widely regarded as appropriate due to its lack of democratic legitimacy.
-It acts mainly as a revising chamber, proposing amendments to government legislation - it is then up to the government to accept or reject these amendments.
-In-depth consideration of public policy - all bills have to be considered by both Houses - ‘parliamentary ping pong’.
-Scrutiny - holding the government to account.
-Can delay non-financial legislation for one year.
-The only scenario where the Lords can retain its veto, is if a government were to attempt to prolong the life of parliament beyond its legal maximum term - then the Lords is legally empowered to force it to hold a general election.
Constraints:
-Parliament Acts of 1911 and 1949 - the most important legal restraints on the power of the Lords.
-The 1911 Act was provoked by the actions of the Lords in rejecting a radical tax-raising budget put forward by Liberal chancellor, David Lloyd George (later PM) - the aristocratic Lords were outraged by the new taxes. This crisis was resolved by the 1911 Act which set out that the House of Lords has no right to delay money bills (which has to be primary legislation). Also, for non-financial bills, its power of veto was replaced with a two-year delaying power.
-The 1949 Act (a revision of the previous Act) reduced the delaying period for non-financial bills from 2 years to 1 year. It can now only delay a bill for one year.
-The government can also use the Parliament Acts 1911 and 1949 as a device to allow the Commons to overrule the Lords where agreement cannot be reached to force a bill through by - this devise is infrequently used and is often a last resort should the Lords prove stubborn.
-The Salisbury Convention (1945) - the House of Lords cannot oppose (delay or block) second or third reading legislation that gives effect to, or is included in, a winning party’s (government’s) manifesto - a constitutional convention. Named after the grandson of the 19th century prime minister, Lord Salisbury (Conservative), who led his government from the Lords but, when in opposition, frequently used his Lords’ majority to obstruct Commons legislation during Liberal government. Salisbury’s grandson, a Lord himself, agreed that the Conservative majority in the Lords would not interfere with any of Attlee’s Labour’s manifesto commitments (Labour had a Commons majority after 1945 election).
How has the Lords become more assertive? How does the Commons maintain its supremacy?
Lords more assertive:
-The removal of 750 hereditary peers by the 1999 House of Lords Act has led to a resurgence in the House of Lords’ legitimacy and status. The upper house is now dominated by life peers appointed for genuine service.
-The departure of hereditary peers ended the traditional dominance of the Conservative Party in the Lords.
-The reformed Lords has been more inclined to challenge the government - government defeats in the House of Lords doubled in the New Labour era (1997-2010) compared to the Thatcherite era (1979-97).
-Crossbenchers, as neutral figures, play an important role in holding the government to account as they are more likely to assess a bill on its merits. E.g former doctor, Lord Owen played a crucial role in proposing amendments to the coalition government’s controversial Health and Social Care Bill in 2012.
-Salisbury convention - some members of the Lords have argued that the convention should not apply if a government is elected on a low share of the popular vote, or if the government programme is based on a collation agreement (e.g in 2010) with arguably no clear mandate for the government’s manifesto.
-David Cameron’s appointment to the Lords to become Foreign Secretary is another significant moment for its power.
The Commons’ maintenance of its supremacy:
-Although the Lords is clearly more assertive, the Commons remains the dominant house.
-When conflict between the two houses occurs, the government can usually make use of its majority in the Commons to overturn critical Lords amendments if it chooses to.
-A bill can go back and forth between the two houses (‘parliamentary ping pong’). But, in the end, it is up to the government to decide whether to accept or reject any changes proposed by the Lords. E.g 2005 Prevention of Terrorism Bill, which introduced control orders, entailed a marathon sitting of 30 hours over the Lords’ proposal of a ‘sunset clause’ (i.e the bill would automatically expire after a year unless further legislation was passed to renew it). Eventually, the Lords backed down.
-Should the Lords maintain its opposition to the Commons and insist on its amendments after a period of parliamentary ping pong, as a last resort the government can use the Parliament Acts 1911 and 1949, an infrequently used legislative device that allows the Commons to overrule the Lords where agreement can not be reached, to force a bill through - this is a rare device but was invoked 3 times by the Blair government for changing the voting system for European parliament elections, equalising the age of consent for gay and heterosexual people, and banning hunting with dogs.
-In practice, the Lords often exhibits self-restraint and will drop its opposition after making its point, recognising that it lacks the democratic legitimacy to push its case further. E.g in 2015, the Lords voted to delay the Cameron government’s planned cuts to tax credits (which supported low-income working people). Supporters of the government argued that, because this was a financial measure, the Lords should not have become involved. However, technically speaking, the Lords were within their rights because the tax credit cuts were incorporated as a statutory instrument, rather than in primary legislation, which the Lords was allowed to reject. But, peers showed self-restraint by not supporting a controversial Liberal Democrat motion to block the changes completely.
What is a bill? What does a bill seek to become?
A legislative bill is a proposed law passing through parliament - can be introduced in either the Commons or the Lords.
-A bill seeks to become an act of parliament - a bill that has completed all its stages in parliament and has become law.
How does a bill start? What is a Green Paper?
A bill starts as an idea - when a new law is proposed by a government department, the department will issue a Green Paper - a consultative document outlining the proposals.
-Members of the public, pressure groups and anybody that is interested are invited to give their views.
How does a Green Paper become a White Paper?
If the government thinks that the idea has enough valid support, it is formally written up and published as a White Paper - a government’s firm proposal.
What are the different types of bills?
1) *Government or public bills - official proposals for a new law (statute law / statutes - i.e Acts of Parliament).
2) Private bills - bills that only affect individual people or corporations. E.g Faversham Oyster Fishery Company Bill.
3) Hybrid bills - cross between a public and a private bill - affects particular people, organisations or places. E.g Crossrail and HS2 Acts.
4) Private member’s bills - introduced by any MP or Lord from any party, as long as they are not a minister - selected by ballot and subject to a 10-minute rule - most are public bills and most do not pass. Example of private member’s bills: David Steel (Liberal) put forward a bill in 1967 which led to the 1967 Abortion Act, and Stella Creasy (Labour) put forward a bill to extend access to abortion in Northern Ireland.
*Acts of Parliament:
-Handled by the relative department.
-Drawn up by civil service lawyers known as ‘draftsmen’ or ‘parliamentary counsel’.
-Must accurately represent the government’s wishes, but must also be legally accurate.
-Introduced in parliament by the relevant minister.
What is the first stage of a bill after the White Paper stage?
First reading - bill made available to MPs but is not debated on.
*It’s important to note that a bill can start in either house - but it will eventually pass through both houses in the end.
What is the second stage of a bill after the first reading?
Second reading - the principle of the bill is debated (not the detail) and a vote may be taken if it is contested.
-Takes place no sooner than 2 weekends after first reading.
What is the third stage of a bill after the second reading? What are public bill committees?
Committee stage - each clause of the the bill is scrutinised in detail by a public bill committee - amendments are recommended and a government can choose to accept or reject them.
-In the Lords, the commitee stage is carried out by the whole House.
-If amended, the bill is reprinted before its next stage.
-The composition of public bill committees must reflect the size of the parties in the House. As a government will usually have a majority in the committee, it is highly unlikely that a bill will be thrown out at this stage. The government may even use its position of strength to propose amendment of its own.
What is the fourth stage of a bill after the Committee stage?
Report stage - bill returns to the floor of the House and the amended bill can be debated - further amendments are proposed.