UK Government: The Structure & Role Of Parliament Flashcards
(100 cards)
1
Q
Definition of Referendum
A
A direct public vote on a policy measure.
E.g. 2016 EU referendum (Brexit)
2
Q
Relationship between HOL & HOC
A
Lower chamber is HOC & they hold virtually all power. (650 MPs)
Upper chamber is HOL & they are largely advisory & can only deem HOC ‘unlawful’ and can advise to rethink their laws. (800 Lords)
3
Q
HOL consists of?
A
-Life peers: appointed to peerage for lifetime only - Life peerages act, nominated by leaders of political parties.
-92 hereditary peers: (prior to 1999, 700 hereditary) Lords temporal.
-26 Church of England bishops selected on basis of seniority - Lords spiritual.
-& cross benchers.
4
Q
What are crossbenchers?
A
Independent peers who sit in the Lords.
5
Q
Trends & developments since nineteenth century
A
-democracy
-balance of power
-diversity
-checks & balances
-committees
-broadcasting
-devolution & EU membership
6
Q
How has democracy developed?
A
Parliaments membership was increasingly chosen by the people, by reform acts, culminating in 1928 when full female suffrage was achieved.
7
Q
How has balance of power developed?
A
Parliaments acts of 1911 & 1949 meant that power between commons and lords shifted considerably to lie with only commons.
8
Q
How has diversity developed?
A
-Commons is increasingly diverse e.g. first female MP Nancy Astor 1919, 2019 election had 220 women MPs.
-Racial diversity increased, first chinese MP in 2010 & south Asian woman in 2010.
-65 MPs were BAME (after 2019).
-Increase in LGBTQ representatives & people with disabilities.
9
Q
How has checks and balances developed?
A
Growing trend towards centralised control & discipline, meaning govt was able to dominate pmt.
Recently backbench MPs have become more rebellious. Theresa May was unable to get her Brexit deal and was given vote of no confidence.
10
Q
How have committees developed?
A
Increased use for debate. PMQs are heated and entertaining, but not most effective.
11
Q
How has broadcasting developed?
A
Parliament televised making electorate familiar with procedures and tone, raising its profile.
12
Q
How has devolution and EU membership developed?
A
The advent of devolution and EU membership has meant that many policies and laws have been decided outside WM.
13
Q
How is Parliament still traditional?
A
-The govt and opposition face each other, separated by a distance calculated as 2 sword lengths apart.
-Speaker starts day with formal procession preceded by a gold mace & accompanied by the chaplain.
14
Q
Definition of By-election
A
An election held in a single political constituency to fill a vacancy arising during a government’s term of office.
15
Q
Definition of Cabinet reshuffle
A
When PM shuffles his cabinet members around.
16
Q
Key positions in parliament
A
-prime minister
-the speaker
-leader of the HOC
-whips
-frontbench
-backbenchers
17
Q
The prime minister
A
Most important, leader of winning party & command majority of commons. Executive dominates legislature.
18
Q
The speaker
A
Ensure as many MPs can speak in debates, administer rules of HOC, can suspend MPs for breaking rules e.g. calling an MP a liar.
E.g. Labour MP Dennis Skinner called David Cameron “dodgy Dave” and was suspended.
Speaker voted for by MPs in series of ballots.
Speaker post controversial recently.
E.g. Michael Martin 2000-2009 forced to resign due to expenses scandal.
19
Q
Leader of the HOC
A
Governments business manager who sees from the executives perspective that commons runs smoothly & bills are timetabled.
E.g. Thursdays the leader of house tells commons about business scheduled for the following week.
20
Q
Whips
A
In charge of party discipline and ensuring MPs stay loyal and vote the way their leaders dictate.
Removal for political disloyalty e.g. BJ removed whip from 21 Tory rebels who defied whips instructions not to support a motion to take control of parliamentary business form the govt during the Brexit bill saga.
21
Q
Frontbench
A
Members of governing parties who are also ministers in govt & also to opposition MPs who are shadow ministers.
Sit in front rows.
22
Q
Backbenchers
A
Ordinary MPs who aren’t ministers. Some revel to show independence e.g Jeremy Corbyn rebelled during Blair/Brown leadership making him the most rebellious Labour backbencher 1997-2010.
23
Q
Main functions of Parliament
A
- Legislative: where laws are introduced, debated & passed.
- Representative: pmt represents people through constituencies & through political ideas.
- Scrutiny: pmt has vital role in checking govt by questioning legislation.
- Deliberative: debate and discussion.
24
Q
Definition of Public bill
A
Bill that applies to everyone when it becomes law.
25
Definition of Private bill
Only apply to specific groups of people or public bodies, usually authorities.
26
How many bills are passed a year on average?
30-40.
E.g. 31 passed in 2019.
27
Process of passing a bill
1. Green paper
2. White paper
3. First reading
4. Second reading
5. Committee stage
6. Report stage
7. Third reading
8. HOL stages
28
1. Green paper
Green paper: discussion document e.g. adult social care 2019.
29
2. White paper
White paper: Pre-legislative scrutiny & draft bill published before introduced to pmt. Scrutinised by select or joint committee.
E.g. draft Tenant Fees bill.
**10** draft bills handled this way 2017-19.
30
3. First reading
Formal introduction/ reading of bills titles by relevant govt minister.
31
4. Second reading
Main debate on principles in HOC.
Rare to defeat bill at this stage but happened last e.g. 1986 Sunday trading bill defeated.
32
5. Committee stage
Bills are sent to public bill committees who read line by line and suggest amendments. Major changes unlikely, majority on committee.
Democratic Audit found 2/3 of committee bring relevant expertise.
87% of amendments accepted were by these specialised MPs.
33
6. Report stage.
Amendments accepted, rejected or changed by commons.
34
7. Third reading
Final debate on amended version of bill, no more changes.
35
8. The HOL stages
Process repeated by Lords and any amendments are checked by commons. Could lead to ‘parliamentary ping pong’.
36
Definition of Parliamentary Ping-pong
Bill going back and forth between chambers.
E.g prevention of terrorist act 2007 considered 5 times.
Commons have sovereignty and can evoke parliamentary act to pass their version of law within a year
E.g. Hunting act 2004.
37
What is English votes for English laws? (EVEL)
Aim of EVEL is to ensure English MPs can veto bills that only apply to England.
38
Definition of derogation
To ignore/dismiss/disregard.
39
Definition of populism.
Controversial, a following of members of public who are ‘unheard as they have controversial views.
40
Definition of Collective responsibility
When ministers come together to back the PM.
41
What is Salisbury’s convention.
HOL shouldn’t block something within the govt manifesto as the party is voted for and they have the mandate of the people.
42
What is secondary legislation?
Minister made law or statutory instruments. (SIs)
Allows relevant minister to introduce new clauses or changes for sake of efficiency.
E.g. Misuse of drugs act 1971
Around **3500** SIs passed annually.
43
Backbench MPs and legislation - Private members bills
Ordinary MPs can also introduce and present their bills through PMBs.
They can reflect their policy concerns & influence Parliament.
E.g. Abortion act 1967.
44
3 ways PMBs are introduced?
- ballot bills
- ten minute rule bills
- presentation bills
45
Ballot bills
-13 Friday sittings annually.
-Best form and most likely to pass or be debated.
-Backbenchers enter a ballot & 20 names are drawn out.
-MPs who don’t have a specific bill in mind are approached by pressure groups and people who offer suggestions.
-Or government HANDOUT bills.
-Only can be passed if not controversial & govt doesn’t oppose.
E.g. Turing bill 2016, govt minister spoke for 25 mins and debate time ran out.
E.g. Conservative Mp Christopher Chope blocked bill outlawing upskirting.
- ONLY 4 ballot bills passed 2017-19 e.g. Assaults on emergency workers.
46
Ten minute rule bills
-Prime time in HOC after question time on Tuesdays & Wednesdays.
-Backbenchers raise issues on concerns for their constituents.
-Party whips decide slots.
-Usually fail but exception e.g. Guardianship act 2017 - act in missing person for over 90 days’ best interest.
47
Presentation bills
-Formally presented during Friday sittings, after ballot bills on order paper have been.
-No debate, not controversial.
48
Indirect backbench pressure
Backbenchers can influence govt legislation by applying pressure to a bell before it reaches the commons.
e.g. govt forced to abandon bill to privatise english forests.
e.g. Blair’s govt persuaded to bring in corporate manslaughter bill.
49
Parliament performs representative role well. How?
-650 constituencies, geographical representation.
-Wide range or parties.
-Diverse HOC.
E.g. 220 women MPs in 2019, 6% LGBT.
-MPs have range of wider interests e.g. disability, animals, environment.
50
Parliament does not perform representative role well. How?
-Not all constituencies are equal in size- 6x more voters in populous constituency.
-FPTP favours 2 party system, underrepresenting other parties.
-Only 34% women in HOC.
-29% MPs are privately educated compared with 7% of population as a whole.
51
Definition of Redress of grievances.
MPs giving citizens the right to speak up by presenting their issues to councils or in HOC debate.
E.g. 2010, 10 months in 1 mp received over 38,400 pieces of communication.
52
Theories of representation
Burkean/Trustee theory
Delegate theory
Mandate theory
53
Burkean / Trustee theory
Elected officials should take into account constituents views but use their personal judgement and experience to serve in publics best interest.
Concept weakened e.g. Nick Boles represented leave constituency but voted to remain.
54
Delegate theory
Elected MPs are mouthpieces for their constituency.
E.g. Stephen Lloyd a Lib-dem MP promised to support Brexit if re elected against his own views and party policy and he did so.
E.g. Zac Goldsmith said he’d resign if govt backed a 3rd runway and Heathrow & he did.
55
Mandate theory
Elected officials are there to represent and carry out their party manifesto, ie. constituents voted for party not the person.
Some MPs e.g. Anne Milton have lost seat when standing independent after leaving the party they were previously elected in.
56
HOC increasing gender diversity
1. All women shortlists - used by Labour since 1997, quotas where candidates selected from only women. E.g. Jess Philips
2. Priority lists - David Cameron introduced 2005 100 conservative target seats. 1/2 had to be women.
57
What is scrutiny of the executive?
MPs ensuring laws are ‘fit for purpose’ and govt explains and defends policies to MPs and peers with proper discussion & debates
Through:
-Parliamentary debates
-Prime ministers questions (PMQs)
-Committees (standing & select)
58
Parliamentary debates
Offer MPs opportunities to raise concerns & opinions & can force govt to change mind.
E.g. Debate on whether Uk earlobes sh out ur undertake air strikes in Syria.
59
Case study: Debate over Syrian air strikes.
-Evidence president Al-Assad was using chemical weapons against Syrian civilians during civil war so David Cameron proposed air strikes to deter use of illegal weapons.
-Defeated by margin of 785-272 votes - 30 Conservatives & 9 Lib-dems voted against after Iraq war.
-E.g. Tory Mp Cheryl Gillian said “i cannot sit in this house and be duped again”
60
Definition of Parliamentary privilege.
MPs & peers protected & given freedom of speech & right to regulate affairs. No slander and no contempt.
E.g. when Lord Peter Hain broke injunction grante
61
Emergency debates
Granted at speakers discretion. Specific & important matter, MP given 3 mins to present request.
22 during 2017-19.
E.g. Brexit
Non partisan e.g. contaminated blood scandal by Diana Johnson Labour MP.
62
Recent developments
-Backbench business committee 2010 deciding topic on floor of HOC & WM 1 say a week.
-WM hall debates held 4 days a week - debate allocated by ballot. E.g. MP Ben Bradley led debate on education & attainment of white W/C boys.
-Mondays reserved for petitions/e-petitions. Any more than 100,000 signatures must be considered by committee.
E.g. 700,000 signatures for self employed receiving statutory sick pay.
E.g. 415,000 signatures for NHS staff getting additional cash.
63
Conclusion on importance of debates.
-MPs instructed on how to vote.
-Whips win most common votes for govt.
-Advantage of heft payroll vote - those within ruling party given higher pay year by year, to decrease rebelling.
-Lords have little impact.
-Money bills are weakly debated.
64
Prime Minister’s questions (PMQs)
2017-18 over 55,000 questions asked, increase of 42% over previous year.
Wednesdays, backbench MPs ask 1 question each, leader of opposing party asks 6.
65
PMQs are effective. How?
-High profile & widely publicised.
-Forces prime minister to directly address key issues, scrutiny.
-PMs fear it, Cameron “isn’t a Wed where you don’t feel total fear” & Blair.
-Even own members challenge.
E.g. David Davis to BJ “in the name of God, go”
66
PMQs are ineffective. How?
-Misleading of how govt is scrutinised.
-Theatrical & for petty point scoring. E.g. John Bercow former speaker “culturally atmosphere is very male… & public school twittishness”
-Independent Hansard society found 12% public proud of pmt, 67% said to much petty point scoring.
-MPs of ruling party plan questions to shine govt in good light.
67
What are urgent questions ? (UQs)
MPs apply to speaker morning of question time for permission for UQ.
E.g. 114 answered following 2017 queens speech.
68
Types of committees
Public bill committees
Select committees
Lords committees
69
Public bill committees
-Members of pbc go through line by line and make changes.
-Temporary committees that last the lifetime of the bill & so they lack accumulated wisdom.
-Majority of loyal MPs, so lack of major changes.
-16-20.
-Named after bill.
70
Advantages of PBC.
-Allow backbench MPs to scrutinise legislation in detail.
-Governing party & official opposition.
-Can be effective e.g. Investigatory Powers Act 2016.
-Opportunities for pressure groups & individuals to put forward suggestions.
-Expert witnesses can be called e.g. George Monbiot gave oral evidence to Environment bill committee.
71
Disadvantages of PBC.
-Membership involves relevant govt minister e.g. Rebecca Pow.
-Membership decided in proportion to party strength in commons.
-0.5% of opposition amendments accepted.
-Temporary membership = lack of expertise.
-Whips decide membership so they choose loyal members.
72
The nuance surrounding representation
-18% of MPs 2017-19 undertook jobs outside parliamentary duty.
-MPs represent personal interest too
E.g. Jess Philips & domestic violence.
-MPs also represent those in constituency who didn’t vote for them.
73
Select committees
-most significant - can call investigations (partygate), witnessed & reporting findings.
-Public accounts committee (PAC) is most important.
-lifelong.
-267 reports 2017-19.
-28 SC in 2020.
-each department is shadowed by committee. 2019 health committee.
74
Advantages of Select committees
-provide alternative & corporate forum to scrutinise & interrogate govt policy rather than debate in commons chamber.
-less party political manner & aim for consensus not competition.
-many committee chairs r from opposition.
-lifelong = experience.
-chairs elected by secret ballot reducing power of whips.
75
Disadvantages of Select committees
-in desire for bipartisan approach, there’s evident that chairs avoid selecting highly politicised topics.
-majority in party.
-quality of investigation depends on MPs skill.
-many select committees vote along party lines.
76
Lords committees
-less power than HOC. Investigations & examine specialist subjects.
-6 permanent committees e.g. international relations committee as well as ST committees put forward by peers for special inquiry.
-4 special inquiry committees per year e.g. May 2020 Covid committee.
77
Advantages & Disadvantages of Lords committee
:) Expertise & experience.
:) Govt doesn’t have majority in members.
:( Limited powers
78
Tuesday in the life of a backbench MP
-speak at debate in WM hall.
-interviewed by journalist.
-spoke at meeting with All-party parliamentary group.
-attending as member of international development select committee.
-urgent debate.
-meeting with whip.
-dinner with colleagues for campaign tactics.
79
What are Backbench rebellions?
-When MPs go against the wishes of their party on a given vote. -Backbenchers (500) compared to 150 frontbenchers (govt ministers & shadow cabinet ministers).
-Backbenchers highly disciplined by whips who instruct them on how to vote on given issues.
80
Why do Backbench rebellions happen?
1. Moral reasons.
2. Constituency issues.
3. Policy disagreement.
4. Political strategy.
81
Moral reasons
Believe it’s morally right to not support their party.
(abortion, war)
E.g. Sunday trading - shops of certain size have to close by 4pm.
E.g. Jess Philips.
82
Constituency issues
Some MPs revel when a policy might directly affect their constituency.
E.g. Conservative MP Zac Goldsmith rebelled against his party over the building of a new runway in Heathrow airport.
83
Policy disagreement
MPs openly disagree with policies.
E.g. Brexit.
84
Political strategy
Some MPs rebel in certain circumstances for political reasons. A govt with a small majority places backbenchers in very advantageous position. Cant be disciplined.
E.g. Tory govt got Cameron to call EU referendum although he was a remained.
85
4 types of opposition in parliament
1. Official opposition (2nd biggest party).
2. Other opposition (other parties).
3. Intra-party (opponents within governing party).
4. Inter-party (coalition disagreements).
86
What is oppositions fundamental purpose?
-To scrutinise the government & offer better, viable solutions & alternatives to issues they address.
-Official opposition is also known as a ‘govt-in waiting’ & they have a shadow cabinet to challenge relevant govt ministers & act as an alternative govt.
87
How can the opposition challenge the govt?
-Leader has 6 questions in PMQs & can ask follow ups.
-Opposition have 20 days per year where they choose debate topic (17 to official & 3 to others). E.g. school funding & NHS privatisation.
-Members of shadow cabinet can ask questions & provide alternatives.
-Select committees criticise govt.
-2010-15 Lib Dem’s meant conservatives dropped proposals to lower inheritance tax.
-During Brexit debates, MPs prevented many of May’s motions going through. (Small majority).
88
The significance of opposition
-More significant when there’s a minority government t as they can more effectively challenge legislation.
-In times of national emergencies, oppositions are typically supportive & there’s national unity. However, Lord Norton out in his article ‘Good govt needs an effective oppostion’.
89
Strengths of Opposition
-official opposition gets some extra funding & privileges in parliament & funding to assist with research.
-opposition can position themselves as an opposition govt.
-opposition can sometimes change govt policy.
E.g. 2009 Gurkhas to settle in the UK (24 labour rebels).& aspects of Brexit.
-Backbench rebels from within governing party can cause problems.
E.g. 2012 Con rebels effectively blocked bill that would’ve reformed Lords.
90
Weaknesses of Oppostions
-govt possesses greater resources, debates/parliamentary business & also resources from Cabinet Office & special advisers.
-depends on quality of members of shadow cabinet.
E.g. Abbot appeared on LBC radio 2017 for an interview about police & was criticised for poor grasp of details.
-opposition successes are rare.
-successful rebellions are rare.
91
Equilibrium of Legitimacy
Both sides need to accept legitimacy of the other. Role of opposition IS to oppose. Opposition mustn’t veto or block policies of elected govt. equally govt must allow opps to critique policies.
Healthy democratic process.
92
Features of Parliamentary govt
-fusion of powers (exec & leg overlapping).
-govt is drawn from parliament.
-govt can be removed through vote of no confidence (May 2017).
-cabinet govt rather than personal leadership.
93
Risk of Elective dictatorship
As parliament has sovereignty, govt can act as they please.
Not binding on govt.
94
WM model
Traditional system of govt where parliament is representative of the people & holds the executive to account.
95
Whitehall model
Political power has shifted to the executive branch & parliament merely give the seal of approval to executive policy.
96
Transformative model
Parliament is no longer the policy making body & can only transform policy. But, parliament is far from irrelevant.
97
Does the Executive dominate parliament? YES
-they have legislative supremacy
& parliament isn’t binding on govt.
-massive majorities
E.g. Tony Blair (412) 1997
-PMBs require govt support & are rarely passed.
-party whips.
-MPs often considered ‘lobby folder’ (vote as party dictates).
E.g. Starmer 2023 ceasefire vote.
-PMQs are theatrical & not beneficial.
98
Does the Executive dominate parliament? NO
-committees use parliament members.
-PMQs/parliamentary debates.
-votes of no confidence.
E.g. May & Johnson.
-not in times of minority govt (uncommon).
-PMBs.
-select committees becoming increasingly high profile & independant.
-all legislation is scrutinised.
-20 opposition days.
99
How is Scrutiny of executive effective?
-parliament has modernised procedures. (growing rebelliousness)
E.g. Iraq war & air strike missions on Syria.
-departmental select committees are becoming more independent.
-changes to HOL such as removal of most hereditary peers.
-increase is diversity in HOC.
-question prime minister.
100
How is Scrutiny of executive ineffective?
-lots of language and tradition is archaic.
-checks on govt remain weak.
-debates are excuses for party politics.
-committees lack power to influence & alter legislation before it is passed.
-HOLs existence.
