Structure & role of Parliament Flashcards
(90 cards)
1
Q
What’s bicameral
A
Two chambers: House of Lords & House of Commons
2
Q
what chamber holds all the power
A
The House of Commons
3
Q
Who sits on the Commons
A
- The PM
- Govt ministers
4
Q
What does the speaker of the House of Commons do
A
- Presides over the HoC and ensures the rules in the house are observed
- can discipline distruptive MPs that break rules leading to suspension
- calls on MPs before they can speak
5
Q
Why is it important for speakers to remain impartial
A
They must severe all ties to their party. Due to the political parties,elections & referendums 2000 acts which prevented them from standing under a party
6
Q
How is a speaker elected
A
Support from 12 MPs and 3 from different party to their own.
If one candidate gets more than 50% they are declared winner, if no one wins majority, candidates with fewest votes are eliminated and repeated until one wins majority.
7
Q
Who’s on the speakers left and right
A
Right - governing party
Left - opposition party
8
Q
What do whips do
A
In charge of keeping Parliament in order.
They are in charge of party discipline within party and ensuring MPs stay loyal and vote the way their leaders dictate
9
Q
How do whips employ ‘carrots’ and ‘sticks’ to ensure backbench MPs act in line ?
A
- Persuade MPs with merits of party leaders views or tempt with future promotion for loyalty.
- Threaten MP with loss of promotion or withdrawal
10
Q
What is the 1922 Committee?
A
Conservative backbench committee that puts pressure on the frontbenchers.
Meets weekly yo discuss forthcoming business.
11
Q
Main functions of parliament
A
- Legislative: laws are introduced, debated and passed
- Representative: they represent the people through constituencies and parties
- Scrutiny: checking and scrutinising the govt by questioning its actions.
12
Q
Developments in Parliament
A
- Balance of power: the balance of power between the lords and Commons shifted in the twentieth century to the extent political power now lies in the Commons. The Parliaments Acts of 1911 & 1949 brought this change
- Diversity: growth of democracy has made Commons diverse. First female MP, Nancy Astor, took her seat in 1919, DEC 2019 there were 220 female MPs. In 1987, 3 black MPs were elected, in 2019 there were 65 MPs from ethnic minority groups.
- Democracy: Parliaments membership was chosen by all of the ppl as UK moved towards parliamentary democracy, was achieved through a number of parliamentary reform Acts
13
Q
What is a bill?
A
a proposal for a new law or to change an existing law
14
Q
What is the difference between public and private bills
A
Public bills make changes that affect the whole population (govt bills & PMB)
Private bills only apply to specific organisations or individuals
15
Q
What are the vast majority of laws passed called?
A
Public bills - bills that apply to everyone one its a law
16
Q
What bill only apply to a specific individual or organisation
A
private bills
17
Q
Govt bills
A
Created and promoted by the govt, often to fulfil manifesto promises. All members of governing party would be expected to support this bill.
18
Q
Private Members Bills
A
Introduced by backbench MPs and offer ways of legislating on important issues
- they have little chance of getting passed unless backed by govt
19
Q
What are hybrid bills
A
Elements of public and private bills.
General effects but significant impact on particular groups/ individuals
Eg: High speed rail bill 2017
20
Q
How does a bill become a law
A
- Proposed bills pass through the Lords and Commons
- The bill goes through certain stages of scrutiny
- It is debated and amended
- Most govt -backed bill becomes law and bills proposed by backbench or peers do not
- Every bill must receive the royal assent to become law
21
Q
What happens before a bill enters the HoC stages ?
A
- They go through the consultation stage
This starts with a green paper which then may be turned into a white paper
22
Q
The legislative process
A
- First reading: the formal introduction of bill, a formality (no debate)
- Second reading: the main debates on the bill takes place in Commons chamber (most gov bills progress at this stage, the last one to be defeated was the 1986 shops bill)
- Committee stage: bills are sent to Public Bill committees (temporary, named after the bill they are scrutinising) and they consider the bill & scrutinise LINE BY LINE. Govt always has majority so major changes are unlikely.
- Report stage: during this stage any amendments agreed in the committee stage are considered by the commons. Can either be accepted, rejected or changed
- Third reading- final debate on amended version of the bill. No further changes are permitted
- Consideration of amendments : bills has gotten through Commons stages, the process is repeated in the Lords. Amendments made by upper house can only be bill if HoC accepted it. However might be parliamentary ping pong
- Royal Assent
23
Q
What are some differences between the Commons and the Lords in the legislative process
A
- There are no Public Bill Committees in the Lords - they are scrutinised by committee of the whole house
- Lords spend more time debating bills than the Commons
24
Q
Difference between speaker in the Commons and the Lords
A
speaker of the HoC can decide which amendments will be debated in the Commons, the Lord speaker has no such powers and all amendments are debated
25
What is parliamentary ping pong
A bill going back and forth between two houses due to disagreement over amendment.
If no agreement is reached, Commons can use the Parliament Act to bypass the Lords in certain cases
26
The HoC privilege’s
- Financial privilege (established in statues and conventions)
- right to insist on legislation
27
Secondary legislations
statutory instruments -
28
How can Backbencher MPs influence the legislation
through the use of Public Bill committees
- ballot bills (best success)
- 10 min rule bills
- presentation bills (worst success)
Ballot bill: At the beginning of the parliamentary yr, all MPs who want to introduce PMBs sign a book and enter their name and 20 names selected at random, only 13 Fridays in each session and first 7 are for second readings. The last 7 names drawn from ballot have bills debated first and guranteed it’ll be debated
29
Commons
- The elected most powerful chamber of Parliament - 650 MPs
- this happened due to the Parliament Acts 1949 & 1911
30
Lords
- Unelected chamber, no fixed membership
- lacks democratic mandate and has limited powers.
- Main powers are to amend & revise legislation, (Commons have final say) - describes as ‘think again’ chamber. But can only do for a yr and can’t block an legislation that was in party’s manifesto
- The last PM to sot in the Lords was Alec Douglas-Home in 1963, Labour, who resigned and won by elections to sit in the Commons
- LORDS SCRUTINISE SECONDARY LEGISLATION
31
Hereditary peers
members of the aristocracy who have inherited their titles and right to sit in HoL
32
House of Lords act 1999
Removed all but 92 of the hereditary peers
33
Life peers
Life peers Act 1958 - allowed peers to sit n the Lords for their whole life but can’t pass onto children
34
Who are Lord Spirituals?
26 archbishops that sit in the HoL, when they retire as bishops they lose their membership of the HoL
35
If theres parliamentary ping pong who usually backs down and why
the Lords, due to its lack of legitimacy
36
How does the Salisbury convention conflict with the Parliament Acts
Under the Salisbury convention the Lords aren’t meant to block any bills that are in the govt manifesto, however Parliament Act allow the Lords to delay a legislation for one year
37
How do the parliaments Acts of 1911 and 949 limits the HoL
The 1911 Acts was convention that the lords couldn’t interfere with matters of taxation
- the act gave the lords no right to delay financial bills an its previous power to veto non-financial bills was replaced by only 2 yrs
The 1949 Acts was opposed after lords opposed the iron and steel nationalisation - delaying power to 1 year
38
How did the ‘English votes for English laws’ come about
An additional stage added to the legislative process in 2015 for select bills TO ADRESS THE WEST LOTHIAN QUESTION
39
what is the West Lothian Question
A Scottish MP (for West Lothian) asking why devolved bodies could vote on a matter that affects constituencies in England, but England couldn’t vote on issues that affected them.
40
What is ‘English Votes for English Laws’
a procedure in UK parliament, that gave English (or english and welsh MPs) the powers to vote on laws affecting only their region, aiming to address the imbalance casued by devolution
41
What are private members bills
bills introduces by backbench MPs
- ballot bills
- 10 min rule bills
42
What are ballot bills
At the beginning of the parliamentary year, MPs that wish to introduce PMB enter a ballot and 20 MPs are randomly chosen. Only the top few MPs get opportunity to present bill.
- 13 Fridays in each session are reserved for PMB and the first seven are for second readings.
(Most likely to succeed as more time in parliamentary timetable)
43
Example of recent PMB (significant)
The Assisted Dying bill
Introduced by a backbencher through the PMB (ballot) in 2024 through its second reading.
Passed with a majority of 55,
44
The Fixed Term Parliament Act 2011
states that a general election should be held every 5 yrs
- they could be an early election bypassed by 2/3 HoC OR if there was vote of no confidence and no govt was confirmed in 14days
45
When was the last time a Govt lost a confidence motion
In 1979, the labour government James Callaghan lost a motion by a single vote, forcing the PM to call a GE in which the conservatives won a majority
46
What is a confidence and supply agreement ?
much less formal coalition agreement - a minority party agrees to support another party on confidence and budget votes
- conservatives and DUP in 2017
47
Royal Prerogative powers
powers that the common law recognises as belonging to the monarch alone - now used by the PM
48
Constitutional Reform Act 2010
Placed limits of the prerogative power to negotiate treaties
49
Fixed Term Parliament Act 2010
limited the prerogative power to dissolve parliament and trigger a GE
50
Theories of representation
- Burkean
- Delegate
- Mandate
51
Burkean theory
Originates from Edmund Burke, he felt as Bristol’s MP he owed his unbiased opinion,his mature judgment.
- where elected officials represents the best interest of constituents while also employing their personal judgement
- has been weakened through strong party ties and parliamentary whipping systems
- Nick Boles former Conservative MP voted against his party in Brexit votes as he was putting his constituencies interest before the party
52
Delegate theory
Elected officials are simply ‘mouthpieces’ for their constituencies
- In 2015, conservative MP Zac Goldmsith promised his voters he would resign if govt backed a third runway at Heathrow and he did.
53
Role of MPs & peers
- vote on legislation
- serve in govt as minister or shadow cabinet
- introduce bills (PMB)
- make media appearance
54
how well does parliament perform its representative function - WELL
- All the UK is represented geographically by constituencies that are roughly equal sizes
- There are wide range of parties in the Commons, so a range of political opinions are represented
- Commons are becoming more diverse (terms of gender, race & sexuality). 220 women were elected in 2019 & 6% identified as LGBTQ
55
How well does parliament perform its representative function - NOT WELL
- Not all constituencies are of equal population size, and certain MPs aren’t able to be representative as well as others
- FPTP favours the two largest parties, as well as region based parties (SNP)- leading to under representation of minor parties
- MPs usually come from backgrounds under representative of the wider population ( 29% of MPs were privately educated compared with 7% of the population as a whole)
56
How does parliament scrutinise the executive
- Debates
- Parliamentary questions
- Parliamentary committees
57
Parliamentary privilege
- In parliamentary debates, MPs, peers are protected by parliamentary privilege.
- gives MPs freedom of speech when speaking in Parliament, they are exempt from the laws of slander.
However, it does not grant MPs/peers immunity from prosecution for criminal offences
58
Parliamentary debates
Offer MPs opportunity to raise concerns and opinions or change their minds.
Emergency debates- can be granetd to MPs at speakers discretion. Must be specific and important matters, MP has 3 mins to put their request to the House
EG: Contaminated blood scandal, patients were given contaminated blood samples during transfusion and got serious conditions including hepatitis C and HIV, MP Diana Johnson thank PGs for raising awareness of issue
59
exmaple of significant parliamentary debate
- Syrian air strikes
President of Syrian was using chemical weapons against civilians during the Syrian civil war, PM David Cameron proposed air strikes against him & Cameron was defeated as 30 Conservative and 9 Lib Dem’s voted against it. The parliamentary debate was highly charged due to the memories of the Iraq war.
Showed that parliament can affectively take the lead and scrutinise govt as
60
What did Cameron say after getting defeated during parliamentary debate
‘it is clear to me that the British Parliament, reflecting the views of the British people, does not want military action. I get that and the govt will act accordingly’
- This shows parliament effectively took the lead in determining foreign policy as there is usually no requirement for PM to seek parliaments approval for military action as it is part of their prerogative power.
61
Opposition day debates
In each session, 20 days are set aside for debates on topics chosen by opposition parties.
17 days are given to the official opposition parties and 3 days are given to the second opposition party
62
PMQs
++
- They can give positive publicity to the opposition. When Blair accused John major in 1997 of being ‘weak,weak,weak’
- Allow unwelcome questions, can expose weaknesses (when G.Brown said ‘we not only saved the world’ but he meant ‘saved the banks’ during PMQ
- Keep PMs ‘on their toes’. Tony Blair recalled PMQs as ‘most nerve racking,nailbitting..experience of a PMs life
- Members of thier own party have criticised the PM during PMQs- Conservative MP David Davis said ‘In the name of God,go’ during party gate in 2022
63
What did George W Bush say about PMQs
’I count my blessings that I don’t have to go into that pit John Major stands in, nose with the opposition’
64
PMQs
—-
- Can covey rowdiness and theatricals ‘an exchange of pointless and useless declamations’ - former MP Gerald Kaufman
- Punch and Judy politics
- Most questions are designed to catch out the opposition or praise ones own party rather than change opinions or policies
- Speaker Hoyle ‘pure theatre’ that the world watches, supports the fact it’s to taken seriously
65
What are planted questions in PMQs
When party whips ask backbenchers to ask certain questions that allows the govt present itself in a favourable light and celebrated successes
- 13th Nov 2024 - Southport MP asked if the budget would support public services unlike the previous govt - Keir stanmer said yes and his ‘1.3 billion local investment budget’
- UNDERMINES PARLIAMENTARY SCRUTINY
66
Select committees
Group of MPs or Lords that scrutinise the work of govt and hold them to account of each dept
- Powers aren’t set out in statute so limited
67
Functions of select committees
- Conduct inquiries
- Scrutinise draft govt bills
- Can question ministers, civil servants, ppl outside govt
68
What happens when someone doesn’t attend select committees request for questioning
can report to the house and they decide whether individual is ‘in contempt of Parliament’ - and found guilty cold be fined or imprisoned (Sports Direct owner declined)
69
Select committee reports
committees produce final report explaining full findings of ministers
- The govt has to reply within 2 months - HOWEVER, they aren’t obliged to act on the report recommendation
70
Liaison committee
the only committee that can question the PM directly twice years, holding them accountable on a range of issues
71
Public Accounts Committee
Checks the govt is spending money effectively and efficiently
Chair is always member of opposition
72
Select committees
++
- Less partisan and confrontation
- More professional and in depth than PMQs
- Can call witnesses from govt and outside Westminster to give evidence (inaccurate evidence by minister can lead to resignation)
- Govt must respond to report within 60 days
73
Select committees
—
- Governing party always has majority, which limits independence from party
- Witnesses can be evasive (equivocate) and elusive
74
How can justice select committees be used as parliamentary scrutiny
Appointed in Nov 2024
- Dominated by experienced MPs. 7 out of 9 are lawyers, and chaired by a barrister
- proved scrutiny by examining policies, spending and actions of their Ministry of Justice
75
Vote of no confidence
++
- ‘The nuclear option’, can bring down a govt . Happened to Callaghan's labour govt in 1979
76
Vote of no confidence
—
- Very unlikely to succeed. Only unstable minority govt would be vulnerable
77
Public Bill Committee
- Go through bill clause by clause
- Temporary, only meets while bill is in committee stage
78
Lords select committees
Scrutinise legislation and investigate specific issues (constitution committee examines the constitutional importance)
79
Public Accounts committee
COMMONS ONLY
- Chaired by experienced opposition
- Scrutinises value of money in public spending & how efficiently govt delivers public services
80
Party discipline in Commons
- Both parties use a whipping system to enforce party discipline and minimise dissent
- Most govt have large majorities to defeat rebellious backbenchers
- Most important votes are termed three-line whips
- Votes on matter such as assisted dying or abortion aren’t whipped, allowing MPs to free vote
81
Whips
Enforcing discipline within the party - issuing weekly instructions to backbench MPs an how party leader wants them to vote
82
What Is the three-line whip
When MPs must turn up and vote how their leaders wish.
Failure to so do can lead to resignation or dismissal. Backbencher who usually rebel are unlikely to be offered posts in govt
83
what is a free vote in the commons
a vote when MPs are free to vote how they wish
EG: assisted dying bill OR abortion
84
How Parliament influences govt decisions
- Committee system and reports
- Debates & questions
- Lobbying by MPS and peers
- Amending legislation ( esp in Lords)
85
Limits on parliaments influences on govt
- Govt can choose to ignore
- Party whips empire party discipline
- Govt is in control of most of parliaments timetable
- Govt can use its commons to override the lords amendments os rejection of a bill sing parliaments act.
86
What does the UK govt taking control of British steel show
- That parliament is effective in using its legislative function and bale to pass laws in times of emergencies to show national interest.
- It also shows passing a bill in one day(7hrs) that it bypassed its usual legislative scrutiny
- FPTP - LP majority allows it act quickly and decisively
87
The opposition
the second largest part in the HoC which forms a shadow cabinet to scrutinise govt dpt or providing alternative policies to the govt
88
The shadow cabinet
The oppositions front bench team which challenge a particular govt minister
89
How does the opposition provide effective scrutiny
- providing alternative govt puts pressure on the govt to perform effectively and forced them to defend their policies against possible alternatives
- leader of the opposition is able to directly question PM at PMQ’s and responds to the budget
- Can also attack govt in the media and put pressure
90
How the opposition might not be as effective in scrutiny
- May not be solely focused on scrutinising executive, but just appearing good to the public
- If the govt has a large majority, theres little the opposition can do to stop bills being passed
