parliment Flashcards
(39 cards)
the structure of parliment
Parliament is the legislature of the UK; it’s primary role is to pass legislation (laws).
Parliament is bicameral (meaning two-roomed) as it contains both the House of Commons and House of Lords. The monarch is also the figurehead of the legislature as Head of State; to become law Royal Assent must be given.
The government (Prime Minister and their extensive team of ministers c90) sit in Parliament (either HoC or HoL); as a result, there is no separation of powers as Executive and Legislative are mixed together. Govt draws authority from Parliament and is directly accountable to Parliament - the HoC can remove a govt with a vote of ‘no confidence’.
no confidence
In politics, a vote of no confidence is a parliamentary motion where lawmakers decide whether they still support the current government, and if it passes, the government is typically forced to resign.
(hoc)Members of Parliament (650)
elected by a constituency (60-80,000 people). They were first members of and chosen by members of the local party.
(hoc)the speaker
voted for by MPs to chair debates (along with deputies) impartially, also ensuring rules (Standing Orders) are followed.
(hoc)frontbench MPs -
prominent members of their political party (Home Secretary - Priti Patel; Shadow Chancellor - Rachel Reeves)
(hoc)backbench MPs -
have no frontbench ministerial post but may still serve important functions within parliament.
(hoc)Whips
MPs who ensure that members of their party are aware of current business and turn up and vote; a ‘three-line whip’ is a vote that all MPs need to turn up for.
(hoc)Legislative Committees
a group of at least 20 MPs, roughly split along party lines and chosen by party whips, who look at every line of specific proposed laws (Bills) and vote to make amendments.
(hoc)Departmental Select Committees
a permanent group of roughly 11 MPs who scrutinise and have the ability to question members specific government departments (Home Affairs Select Committee, chaired by Yvette Cooper, Lab). Chairs of SCs are voted for by all MPs, not chosen by the Whips. DSCs will run inquiries into their areas and provide reports on their findings which always require an official response from the government; sometimes these reports are even debated in the chamber as a way of further scrutinising the govt.
(hol)Life Peers (670)
overwhelming majority appointed to the House of Lords by the Prime Minister (TB 374; GB 34; DC 245; TM 43; BJ 70+) or by HoL Appointments Commission based on nominations from the public and an extensive process.
(hol)Hereditary Peers (92)
Lords by virtue of an ancestral title. There used to be over 700 in the HoL, but the HoL Act 1999 cut down the number to 92.
(hol)bishops
permanent Church of England representatives.
(hol)Lord Speaker
elected by Peers as a politically neutral chair.
(hol)HoL Committees
broadly concerned with subjects, rather than departments, but will also run inquiries and provide reports on findings.
NOTE: Ministers, senior or junior, for each department can be found in both Houses so that each House has ‘a person’ responsible they can question.
types of legislation (hol)
Primary Legislation (Bills) - Secondary Legislation (Statutory Instruments)
Bills are proposed laws that must be passed by both Houses to become law:
Public - come from the govt, affects general public - Coronavirus Act 2020; Domestic Abuse 2021; Animal Welfare (Sentencing) Act 2021
Private - prepped by organisations, limited scope - U of London Act 2018
Hybrid - from govt, affects public and specific group - High Speed Rail Acts
Private Members’ - by backbench MP, rarely passed - Animal Welfare 2018
Secondary/Delegated Legislation are smaller changes to law that can be made by ministers without passing through Parliament.
Statutory Instruments (SIs) are most common type: 3,000+ passed each year, c1,000 go through Parliament via one of the following procedures:
AFFIRMATIVE means that a SI must be approved by Parliament (very few)
NEGATIVE means that Parliament has 40 days to choose to reject it - this gives Parliament a chance to reject something if there is a disagreement.
- HoL has important role in scrutinising secondary legislation (HoC often too busy). It rarely votes against SIs, but has happened: 2015 Tax Credit Cut - a SI (on a Bill not to do with money) would have cut funding for low-income families, Lords sensationally voted against the SI.
passing legislation(hol)
Parliament legitimises government’s proposed legislation by giving the assent of the people - only with assent of HoC (people) and HoL can Royal Assent (the monarch’s permission) be given
Holding govt to account(hol)
1hr/day for questions to ministers in both HoC and HoL
Select Committees can call ministers to appear for close questioning, write report on govt proposals
HoC and HoL vote on legislation; if govt cannot win votes then it fail no-confidence vote
Scrutinise legislation
Legislative Bill Committees (hol)
appointed by Whips so parties have control, built-in govt majority
Debates: debates (chaired by Speaker) can expose issues with Bills and gain public attention
create legislation(hol)
Private Members’ Bills: backbenchers can use ballot, ten-minute rule, presentation - rarely pass
Protect rights of citizens(hol)
Legislation to amend citizens’ rights are contentious - HoL especially sees role as protection of rights
Redress of grievances (from constituents or general public)
ONLY Commons
Money: after Parliament Act of 1911, only HoC has the right to amend and vote on ‘Money Bills’ in accordance with their democratic legitimacy.
Representing local constituencies: puts some MPs in positions where party/constituents will disagree.
Power to remove the government: a government has the ‘confidence’ of the HoC if it can show ability to pass legislation - if it doesn’t have ‘confidence’, HoC can vote no-confidence and force govt to resign.
ONLY Lords
Delaying Legislation: HoL can vote down a Bill, but if same Bill reappears the next year it must pass it.
Weaker party control: makeup means no government majority, so Peers can act in accordance to their best intent (against their own party) and can propose amendments in national/minority interest.
Scrutinising secondary legislation: time to fully debate and scrutinise smaller legislation (2005 TC SI)
Advising and revising chamber: aware of their lack of democratic legitimacy, the HoL see their view as one of giving the govt the chance “to think again” and revise legislation, either by voting down legislation or by attaching amendments they feel are important.
relationship between the two houses
- If govts have small majorities, HoL can be stronger in absence of strong mandate of the people
- Salisbury Convention: if a govt promised a policy in an election the HoL should not stand in the way
- CONVENTION that PMs need to sit in the HoC: leaders of all parties need to be democratically elected otherwise it would be undemocratic (despite only being elected by constituents rather than the nation)
- Reasonable Time Convention: HoL will look at govt business without unnecessary delays
- HoL will often back down during PING-PONG because of primacy of the HoC: however the govt might find that backbench MPs are more happy to defy them if the HoL make suggestions they are keen on.
- HoL needs to be strong if Opposition are weak to avoid elective dictatorship
Debate over relative powers
HoC: has democratic legitimacy to enact will, only HoC can vote on and amend money Bills,
most govt ministers sit in the HoC and therefore Commons has chance to question and pressurise,
constituency support and awareness, defeat for govt by HoC very serious and could trigger no-confidence vote
HoL: time to scrutinise (e.g. SIs), fewer removals (i.e. no elections), presence of considerable expertise,
weaker party (i.e. Whip) control, increasingly common for HoL to defeat govt Environment Bill 2021
