2.1 structure, role of the HoC and the HoL Flashcards
history
Historical acts
Bill of Rights 1689
Parliament Acts 1911/1949
Extension of the franchise, 1832, 1867, 1884, 1918, 1928, 1969
House of Lords Act 1999
composition of the House of Commons
frontbench and backbench MPs
- MPs who have been invited by the PM to join governemnt are bound by collective ministerial responsibility
- main opposition party has a shadow frontbench team, who scrutinise their gov counterparts
- these people are also required to support their partys leadership
composition of the House of Commons
party whips
Whips Office encourage MPs to vote on party lines, they also report back any large rebellions that might occur
three-line whips is used on important party issues. this means MPs must attend and vote with their party, if they refuse, they may have the whip withdrawn
Whips
example of MPs not supporting the Whip
September 2019 21 Cons MPs including Kenneth Clarke, Phillip Hammond, and Rory Stewart had the whip withdrawn for supporting the HoC taking control of EU withdrawal negotiations (against the cons)
whips
when is the whip most important? + examples
- when a gov has a small majority or is trying to survive as a minority
- Eg. 1976-1979: Callaghan government had to survive without a majority. the whips struggled to ensure all MPs went through the division lobbies
- Eg. Cons MP Roger Sims was late for a parliamentary vote, enabling gov to win by 1 vote, this provoked a somewhat menacing response from the whips office.
- Eg. Gov fell when a vote of no confidence proposed by Margaret Thatcher passed by 311-310 votes
composition of the House of Commons
Speaker of the House
roles
- does not engage in debate
- ensures parliament functions as effectively as possible
- they arrange parliamentary buisiness with the leaders of the main parties
- ensures proper procedure
- presides over debates in the HoC
- discipline
the Speaker of the House of Commons
egs of the speaker doing their job xx
- Eg. 2022 Leader of the SNP Ian Blackford (westminister) suspended after claiming Johnson had been ‘willfully misleading parliament over lockdown parties held at Downing Street’
- Eg. Sir Lindsay Hoyle (2019-) has continued to ensure toe executive does not seek to evade its responsibility to Parliament. Eg. 2021 he criticised the treasury when it briefed journalists about the upcoming budget before informing the HoC
composition of the House of Commons
how is the speaker elected?
- by a secret ballot of all MPs
- once elected, they are ceremonially dragged to the speakers chair and at the beginning of each new parliament formally ,they must seek re-election.
leader of the official oppositon
powers
- since 1970s been able to claim short money from public funds to finance them to help with parliamentary business
- leader can ask 6 questions during PMQs
- selecting a shadow cabinet
main functions of the HoC
legislation process
- first reading: bill is read out
- second reading: main principles debates
- committee stage: scrutinised on a public bill committee
- report stage
- third reading
- HoL first reading
- HoL second reading
- HoL committee stage
- HoL report stage
- HoL third reading
- Royal Assssssent
main functions of the HoC
critics of the legislative process
- public bill committees vote on party lines, so always have a gov majority
- MPs often expected to vote how whips tell them to
- secondary/delegated legislation can be made through statutory instruments amending legislation. The HoC can therefore sidestep scrutiny
main functions of the HoC
providing ministers: advantages/disadvantages
- MPs can prove their abilities in the legislature :D
- parliament provides the front benches for the gov + opposition, so choice is restricted (as many as 1/3 of the governing party may be given a ministerial role)
- PM selecting gov from their backbenches means patronage power. This reduces debate and free thinking
main functions of the HoC
scrutiny and debate: what does it mean, function, significant example?
- debate govs legislative programme
- Eg. Police, Crime, Sentencing and Courts bill raised significant questions over state intervention
- MPs also debate PMBs
main functions of the HoC
parliamentary backbench buisiness committee
Established in 2010: provides backbench MPs with 35 days a year where they can control parliamentary buisiness.
- MPs can raise any issue, often those that are neglected by the government
- Eg. 2021-2022, debates includes Black History Month, gender-specific religous persecution and the role of the Irish in Britain.
main functions of the HoC
adjournment debates
takes place at the end of each days sitting
- MPs can apply to the speaker to ask a minister a question
- when the MP has asked their question, other MPs may ask questions if the minister/backbencher agree
- Eg. 2020 Neil parish MPs adjournment debate called on the BBC to protect regional news programmes
main functions of the HoC
petitions committee
when was it established? examples?
- established in 2015, created to schedule debates on petitions that reached 100,000 signatures
- Eg. March 2022, the committee arranged an important debate on waiving visa requirements for Ukranian refugees
main functions of the HoC
early day motions
- introduced by MP urging debate on a specific issue
- most don’t reach the floor of the HoC
- but they can demonstrate support for a praticular issue.
main functions of the HoC
emergency debates
- HoC standing order 24 means an MP may request an emergency debate
- if the speaker lets them, an MP has 3 minutes to make the case for an emergency debate
- Eg. 3 September 2019, Oliver Letwin’s case was approved by John Bercow, and it enabled the commons to demand the gov to extend its brexit negotiations with a margin of 329-300
main functions of the HoC
urgent questions
- MPs can apply to the speaker for an urgent question
- minister is rquired to explain to the HOC what hte government is doing on the issue raised if it serves public interest
- Eg. 2022 Sir Lindsay Hoyle granted Angela Rayner an urgent question to the PM on whether he had knowingly broken lockdown restrictions by attending Downing Street parties during covid
main functions of the HoC
effectiveness of scrutiny/debate?
bad
debated
- 3 line whips mean MPs can be just as swayed by their whips as by arguments
- adjournment debates can often be in front of an almost empty chamebr
- many debates also lack the force to change the law (e-petitions, opposition day motions)
main functions of the HoC
effectivness of scrutiny/debate?
good
Eg. December 2021 the HoC debate on the introduction of covid 19 passes in England generated powerful arguments on both sides over the extent to which the government can intrude in people’s lives
main functions of the HoC
representation - criticisim
- the HoC is not reflective of the UK today
- too influenced by privately educated white middle class men.
- the way of electing the HoC of by FPTP means the political opinion of the electorate is not fairly represented
- 66% of MPs are men, 27% are privately educated when this is nationally 6%
main functions of the HoC
representation - positives?
- Eg. Membership of the 2019 HoC was the most socially representative in history, with 34% of female MPs and 7% LGBTQ+ MPs’
- too simplistic to argue the background of MPs informs their approach? Eg. Westminister private schools have produced radically different politicians Tony Benn and Nick Clegg, Clement Attlee, Tony Blair, etc.
- Eg. Parliament’s that legalised same-sex marriage 2013 and same-sex acts 1967 were primarely composed of straight men
main functions of the HoC
legitimation
what does it mean? examples? conventions?
- bills require consent of HoC before they can be enacted
- Since Parliament Act 1911, the HoC has the exclusive right to approve the budget
- convention has also been established that the HoC has to be consulted over committing British forces to military action, Eg. Iraq 2003 PMs have allowed parliament to debate large scale military commitments
composition of the HoL
before the HoL reform act….
- hereditary peers claimed membership due to their title, with a small number of bishops representing the church of england: ‘Lords temporal’ and ‘lords spiritual’
composition of the HoL
how are HoL peers selected?
- the PM
- the advice of Downing Street’s Main Honours Committee
- the opposition parties
- House of Lords Appointment Commission
composition of the HoL
House of Lords reforming legislation
- 1958 Life Peerages Act gave PM authority to nominate life peers to the HoL, who do not pass on their title, and their membership being based on piublic service. Professional legitimacy
- 1999 House of Lords Reform Act removed the right of 750 hereditary peers to sit in the HoL. Blair agreed to compromise, wehre 92 hereditary peers could be elected, and it is fixed at 92. The party allegiance also remains 42 cons, 28 crossbenches, 3 lib dems, 2 lab and 17 non affiliated.
this means the HoL is composed of life peers, hereditary peers, and bishops of church of englnad.
composition of the HoL
composition of the HoL in 2022
800 members of the HoL, 26 bishops, 92 hereditary peers, remainder life peers.
- so life peers should be much less influenced by party politics than the HoC
the gov and opposition also have frontbenches, and the lords is presided over by the lord speaker, Eg. 2021, Lord McFall of Alcluith was elected lords speaker
main functions of the house of lords
legislation
functions
- the lords can introduce legislation, but it is usually introduced in the commons
- the lords still refines legislation from the commons
- they can delay legislation for 1 year
main functions of the house of lords
legislation
role + importance
- often very valuanle and amendents are often accepted by the HoC as improving the bill
- members of the HoL also much less influenced by whips because lots are crossbenchers, so have an open mind
main functions of the house of lords
parliament acts 1911/49 importance + egs
- lords can sitll pass legislation over the objections of the HoL, due to the parliament acts
- Eg. 2000 Sexual Offences (Amendment) bill reducing the legal age of gay sex from 18-16 passed in the HoC but rejected on the lords, so the commons invoked the 1949 Parliament Act bypassing the lords.
main functions of the house of lords
heavy defeat in the lords + implications for the commons
- may persaude the government to reconsider whether to modify or continue the legisaltion.
- Eg. 2008 clauses in the counter-terrorism bill to enable terror supsects to be held for 42 days without charge were defeated in the Lords by 191 votes. Gordon Brown decided to drop them from the bill
- Eg. 2020 HoL criticism that the Internal Market Bill 2020 didn’t recognise authority of devolved governmetnts led to the government conceding some regulatory differences that could be accepted within a ‘common framework’
main functions of the house of lords
gov large majority + implications for the LORDS
much less prepard to accept lords amendments
- 2020 Johnson had an 80 seat election victory. The HoC rejected all 5 of the lords amendments to the EU bill. One of which was the Dubs amendment, which would have ensured an unaccompanied child refugee would still be able to join relatives in the Uk after Brexit.
main functions of the house of lords
scrutiny: Committees
- House of Lords sessional committees: particular issue, last from one session to the next
- special enquiry (ad hoc) committees: specific issue, but also a specific time period
committees concentrate on major social/political issues and make reccommendations to the government
main functions of the house of lords
particularly significant HoL sessional committee?
- the Secondary Legislation Scrutiny Committee: highlights when statutory instruments are badly worded so may not achieve their purpose. Eg. 2022 staturoy instruments used to reduce to 4 weeks the time when claimants may limit their job search to the same occupation and pay level as their former occupation, which had formerly been 3 months
main functions of the house of lords
significant sessional committee? global warming hint
- sessional House of Lords committee on the environment and climate change: has held the government to account for not achieving its carbon reducation targets, and launched and enquiry into how the public can help solve climate change
- 2020 special enquiry into the negative economic and social consequences of gambling reported its findings and advice based on extensive consultation
main functions of the house of lords
joint HoL and HoC committees (3 main ones)
- human rights
- national security strategy
- statutory instruments
main functions of the house of lords
joint HoL and HoC commitees: national security members eg.
- 2022: members included Tony Blair’s former defence sec Lord Reid, Lord Butler, Lord Dannatt, Tobias Ellwood (chair of the HoC defence select committee), etc.
- their reports are highly regarded
main functions of the HoL
joint HoL and HoC commitees: established when? eg?
- joint committees can be established to deal with a specific issue
- Eg. Joint Committee on the Draft Online Safety Bill
- 2021 made 127 reccommendations
joint HoL and HoC commitees
legitimation, representation, providing government, debate
- lords is not democratically representative, and so does not have a legitimising role, since legislation can be enacted without its consnet
- scrutiny: commitees provide the government with valuable information/advice. Members of the Lords can also serve as government ministers
- debates: wisdom + experience of the Lords means debates are less politically toxic, and can raise vital issues of public concern
main functions of the HoL
HoL, Ukraine, and Russia.
- 10 months before the invasion, on 15 April 2021, former lib dem leader Lord Campbell of Pittenweem, questioned the gov on how it was responding to the growing pssibility of a russian invasion
- perhaps eg for wisdom?
