2.1 The structure and role of the House of Commons and House of Lords. Flashcards

1
Q

How are members of the House of Commons selected in 2024?

A

Members of the House of Commons are elected in single-member constituencies using the first-past-the-post (FPTP) electoral system. As of 2024, the number of constituencies is set to be reduced from 650 to 600. In the 2019 General Election, FPTP resulted in a Conservative majority government, despite Labour gaining significant votes in urban areas. The system favours parties with geographically concentrated support, which can skew representation.

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2
Q

What is the current status of the Fixed-Term Parliaments Act (2011)?

A

The Fixed-Term Parliaments Act (FTPA) was repealed in March 2022 by the Dissolution and Calling of Parliament Act. This returned the power to call early elections to the Prime Minister, subject to the monarch’s formal approval. For instance, Boris Johnson called an early election in December 2019, bypassing the fixed-term framework, after failing to secure a Brexit deal through the Commons.

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3
Q

What happens if an MP dies or retires during a parliamentary term, and give a recent example?

A

A by-election is held in their constituency. For example, in 2023, a by-election in Selby and Ainsty saw Labour win the seat previously held by Conservative Nigel Adams, marking a significant swing in what had traditionally been a safe Conservative seat, reflecting broader political dissatisfaction with the government.

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4
Q

Who are backbenchers, and how have they influenced politics in recent years?

A

Backbenchers are MPs who do not hold ministerial or shadow-ministerial positions. They play a vital role in representing their constituencies and scrutinising government policies. In 2022, Conservative backbenchers, including those in the 1922 Committee, were instrumental in forcing Boris Johnson’s resignation after a series of scandals, showing their potential to challenge party leadership.

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5
Q

What is the composition of the House of Lords in 2024, and how does this impact its legitimacy?

A

As of 2024, the House of Lords has over 800 members, including life peers, 92 hereditary peers, and 26 bishops from the Church of England. While the House continues to play a key revising role, its unelected nature has been criticised. For instance, in the 2023 debates over the Illegal Migration Bill, the Lords made significant amendments, but the Commons had the final say, illustrating the Lords’ lack of ultimate legislative power. Calls for reform, including replacing it with an elected second chamber, have resurfaced.

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6
Q

What are the main functions of parliament, and how well are they fulfilled today?

A

Parliament’s main functions are passing legislation, scrutinising the executive, and providing ministers. In recent years, select committees have become an essential part of scrutiny. For example, in 2023, the Public Accounts Committee heavily criticised the government’s handling of public procurement during the pandemic, demonstrating robust oversight. However, the dominance of the executive and limited opportunities for backbench MPs to influence policy still raise concerns about parliament’s effectiveness in holding the government to account.

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7
Q

How has parliamentary scrutiny changed in 2024, and what are its key tools?

A

Parliamentary scrutiny involves holding the government accountable through questions to ministers, select committees, and debates. Prime Minister’s Questions (PMQs) remain a central, though often theatrical, tool for opposition parties to challenge the government. In recent years, parliamentary debates have shifted focus to key issues such as climate change and AI regulation. Select committees have also taken on greater importance; in 2024, the Digital, Culture, Media, and Sport Committee was critical in questioning ministers on the regulation of AI in public services.

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8
Q

What are the current discussions surrounding the reform of the House of Lords?

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The House of Lords is often viewed as undemocratic due to its unelected nature. Recent proposals for reform include reducing its size and introducing an element of election. In 2023, Labour’s policy manifesto called for a ‘reformed second chamber’ with a more democratic structure, while debates over its role in scrutinising laws such as the Online Safety Bill highlight both its strengths in expertise and its perceived lack of legitimacy.

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9
Q

How does the current composition of the House of Commons reflect wider UK society?

A

Despite improvements, the Commons is still not fully representative. In 2024, 34% of MPs are women, up from 29% in 2015, and 10% are from ethnic minority backgrounds, reflecting slow but ongoing progress. The 2024 Parliament has seen younger MPs elected, particularly from Labour and Green parties, reflecting a generational shift towards addressing issues such as environmental policies and housing. However, class and professional diversity remain limited, with a high proportion of MPs still coming from law, finance, and media backgrounds.

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10
Q

Parliamentary Ping Pong (2021 Trade Act Example)

A

Key Idea: Parliamentary Ping Pong occurs when amendments proposed by one House are rejected by the other, resulting in the bill being sent back and forth until both Houses agree.
Example:
2021 Trade Act: The House of Lords proposed amendments to prevent trade deals with countries committing genocide. The bill bounced between the Lords and Commons six times before the Lords conceded. The Lords’ final decision shows the importance of the democratic legitimacy of the Commons.

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11
Q

House of Lords’ Role in Brexit (EU Withdrawal Agreement Act 2020)

A

Key Idea: The House of Lords lacks democratic legitimacy compared to the Commons and often backs down when facing opposition from the elected House of Commons.
Example:
EU Withdrawal Agreement Act 2020: The Lords made five amendments, such as continuing the ERASMUS scheme. The Commons rejected these, and the Lords eventually accepted, recognising that Brexit was a key democratic mandate.

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12
Q

The Salisbury Convention (Limiting the Lords)

A

Key Idea: The Salisbury Convention prevents the House of Lords from blocking legislation that fulfils election manifesto promises.
Modern Context:
2024 Relevance: Although there has been debate over whether this convention still applies during coalition or minority governments, it remains an essential safeguard for manifesto-driven legislation. For instance, any legislation related to COVID recovery or Brexit fallout that was part of manifesto pledges could not be blocked by the Lords.

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13
Q

Decline of Legislative Scrutiny in the House of Commons

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Key Idea: The time MPs spend scrutinising legislation has declined, which raises concerns about the thoroughness of parliamentary review.
Stats and Trends (2006-2021):
Only 24% of MPs’ time is spent in the chamber on legislative scrutiny.
Brexit and COVID-19 set precedents for rushing bills without proper scrutiny, such as the 2021 Illegal Migration Bill, which received just two days in committee.
2024 Context:
Current Bills: Similar patterns continue with rapid legislation around net-zero targets or AI regulation, where scrutiny is minimal compared to past bills like the 2016 Immigration Act, which had 15 committee sessions.

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14
Q

Exclusive Powers of the House of Commons: Bringing Down a Government

A

Key Idea: The House of Commons holds exclusive power to pass a vote of no confidence, which can bring down a government.
Example:
The last successful no-confidence vote occurred in 1979 when the nationalist parties withdrew support for the minority Labour government, leading to the fall of James Callaghan’s government and the subsequent general election.
2024 Update:
In the post-Brexit and COVID political environment, there have been discussions of confidence votes related to leadership turmoil, especially around Prime Ministers’ management of the economy and healthcare.

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15
Q

Confidence and Supply Agreements (2017 DUP Example)

A

Key Idea: Confidence and supply agreements allow minority governments to remain in power through support from smaller parties, rather than forming full coalitions.
Example:
2017 Confidence and Supply: Theresa May’s Conservative government used an agreement with the DUP, ensuring their support in key votes, in exchange for £1 billion in funding for Northern Ireland.
2024 Relevance:
In a possible future minority government, we could see similar arrangements with parties like the Liberal Democrats or SNP, especially regarding support on issues like climate change or housing reform.

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16
Q

The Parliament Acts of 1911 and 1949 (Limiting the Lords)

A

Key Idea: The Parliament Acts significantly limit the House of Lords’ power by restricting their ability to block or delay legislation.
Example:
The 1911 Act reduced the Lords’ power to veto bills, and the 1949 Act limited their delaying power to just one year.
2024 Update:
This restriction remains vital, particularly around fast-tracked legislation like climate emergency bills or emergency economic packages, where swift passage is crucial.

17
Q

Secondary Legislation (Statutory Instruments)

A

Key Idea: Secondary legislation allows ministers to make regulations or changes to laws using statutory instruments, which are rarely challenged by Parliament.
Example:
In 2016, maintenance grants for university students were abolished through statutory instruments.
2024 Context:
Increasingly, statutory instruments are used for critical issues like AI regulation and post-Brexit trade laws, bypassing the full parliamentary process.

18
Q

Scrutinising and Revising Legislation (House of Lords)

A

Key Idea: The House of Lords plays a crucial role in scrutinising and revising rushed legislation, especially when the government seeks to push bills quickly through the Commons.
Details:
Amending Chamber: The Lords often offers technical amendments to improve bills, which are usually accepted by the government and Commons.
Lords’ Flexibility: The government has less control over the timetable in the Lords, giving peers more opportunity to analyse legislation in detail.
2024 Context:
During emergency situations, such as post-Brexit trade negotiations and climate change laws, the Lords has continued to be a key scrutinising force, ensuring that hastily introduced bills receive proper attention.