2.2 PARLIAMENT NEW KEY POINTS (3/23)

Question 1

Parliamentary Govt.

Answer 1

• Parliament is sovereign (it has ultimate power)
• Govt. comes from Parliament (either Commons or Lords)
• Govt. is accountable to Parliament (eg PMQs, Sel Coms)
• Fusion of powers (not separation in US) means Govt. controls Parliament.

Question 2

Composition of Commons

Answer 2

• 650 elected MPs
• Frontbench or backbench MPs
• Neutral Speaker
• Whips
• 2 types of committee (Legislative – examining bills - and Select – scrutinizing Govt. departments)
• NB Public Accounts Committee scrutinizes Govt. finances).

Question 3

Composition of Lords

Answer 3

• Life Peers (700+)
• Hereditary Peers (92)
• Bishops (26).
• NB, none are elected.
• There are approx. 250 Conservative peers so no Govt. majority.
• Over 200 crossbenchers.

Question 4

Functions and powers of Commons

Answer 4

PASSING LEGISLATION
- Making laws legitimate
- Scrutinising laws coming from the Govt.

SCRUTINISING GOVT., AND MAKING THEM ACCOUNTABLE
- PMQs
- Select committees
- Vote of no confidence

REPRESENTING CONSTITUENTS
- (and also other sections of society eg pressure groups)

DEBATING ISSUES OF NATIONAL IMPORTANCE
- eg Syria.

ONE FUNCTION IS AN EXCLUSIVE POWER
- I.E only the Commons does this (not Lords).
- This is to give consent to taxation and public spending (ie the budget)

BE ABLE TO DEFINE THE TERM CONFIDENCE AND SUPPLY.
- This is a type of informal agreement often used in a hung Parliament when a small party agrees to vote with the Govt. on key issues in exchange for policy concessions
(eg DUP support for Conservatives in 2017)

Question 5

Functions and powers of Lords

Answer 5

REVISES LEGISLATION
- Can delay non-money bills for one year.
- In 2015 the Lords defeated Cameron’s plans to reduce tax credits.

APPROVES SECONDARY LEGISLATION
- These are minor regulations within major laws
- (Commons has less time to do this, so Lords often check secondary legislation).

DEBATING ISSUES

Question 6

Limitations on the Lords

Answer 6

PARLIAMENT ACTS OF 1911 AND 1949.
- Lords can only delay bills for one year (NB cannot delay money bills).

SALISBURY CONVENTION.
- Lords cannot block legislation that was in the manifesto.

AMENDMENTS TO BILLS.
- Must be accepted by Commons.

THREAT OF ABOLITION.
- Could be replaced with elected peers.
- Therefore Lords have self-restraint.

Question 7

The Legislative process

Answer 7

Usually starts with a Green Paper (ideas and options), then a White Paper (detailed draft)

1) FIRST READING.
- MPs informed about the bill, but no debate

2) SECOND READING.
- Main debate on bill

3) COMMITTEE STAGE.
- Detailed scrutiny by public bill committee
- amendments proposed

4) THIRD READING.
- Final debate, and last chance to block the bill

5) HOUSE OF LORDS.
- Scrutinised by a committee of the whole House

6) ROYAL ASSENT.
- Bill becomes an Act

Question 8

Evaluation of backbench MPs work (negative and positive)

Answer 8

1) MANY ARE JUST ‘LOBBY FODDER’, CONTROLLED BY WHIPS.
- However, many backbenchers are independent minded and follow their conscience (eg Tory rebel Remainers, eg from 2010-15 some coalition MPs rebelled in 35% of votes).
- In Jan 2018 Brexit vote over May’s EU Agreement, 118 Conservative backbenchers voted against her (she lost by a huge 230 votes).
- Be aware of Parliamentary Privilege, the right of MPs to speak out in Parliament without being subject to outside influence or the law (eg cannot be sued for libel)

2) MPS SCRUTINISE THROUGH LEGISLATIVE AND SELECT COMMITTEES.
- Since 2010 Parliament more willing to defy the Govt.
- In 2010 the Backbench Business Committee was created it can choose the topics for debate on 35 days each parliamentary session.
- However Select committee reports often ignored, and Govt. whips usually ensure that bills are passed.

3) INCREASING USE OF ‘URGENT QUESTIONS’ BY MPS WHICH REQUIRE AN IMMEDIATE ANSWER FROM THE GOVT.
- Over 3500 between 2009-13.

4) DEBATES ARE OFTEN POORLY ATTENDED,
- eg adjournment debates or backbench speeches under the 10-minute rule.
- However, some debates result in Govt. defeats eg Cameron on Syria in 2013
- Most of the really important work of the Commons is done in committees (but Govt. has a majority on these).

5) MPS OFTEN LITTLE KNOWN IN THEIR CONSTITUENCIES.
- However, many work hard (surgeries etc), and some effectively represent outside pressure groups.

6) 2009-10 EXPENSES SCANDAL.
- However, system tightened now.

7) BACKBENCHERS IN LORDS.
- Often more independent than backbench MPs (less influenced by whips).
- Growing number of cross-benchers with no party affiliation.

Question 9

Parliamentary Committees

Answer 9

a) Select Committees.
b) Legislative Committees.
c) Lords Committees.

Question 10

a) Select Committees.

Answer 10

GOOD POINTS
- Largely independent
- Power to scrutinise ministers, official documents and legislation
- Well respected –approx 40% of SC recommendations accepted by Govt,
- Chairs now elected by fellow MPs not Whips,
- Many are long standing and very knowledgeable,
- Can directly change Govt policy (eg in 2014 the Passport Office taken back into Home Office control after critical SC report.

BUT
- Reports often ignored- 60% of recommendations,
- Cannot enforce recommendations
- Pressure from Whips limits independence,
- Govt still has a majority (and an MP from the Govt party always chairs the Treasury, Foreign and Defence SCs
- Lack of resources

Question 11

b) Legislative Committees.

Answer 11

GOOD POINTS
- Examine legislation in detail

BUT
- Divide on party lines so not independent
- Decisions often overturned by whole House
- Lack research back up.

Question 12

c) Lords Committees.

Answer 12

Good points
- Specialist members
- Independent from party control
- Often gain concessions from Govt.

BUT
- Amendments often overturned in Commons,
- Govt. view usually wins out.

Question 13

What is the Opposition?

Answer 13

• Second largest party (Labour) forms the Official Opposition.
• The other parties are the general opposition.
• They get Short money to help do this.

Question 14

The Role of the Opposition

Answer 14

SCRUTINY OF GOVT.
- getting them to explain and justify policies (most effective if Govt has a small majority)

HIGHLIGHT POOR PERFORMANCE AND SUGGEST ALTERNATIVES (OFTEN IN THE MEDIA)

BE AN ALTERNATIVE GOVT. IN WAITING
- (need to criticise but appear statesmanlike, not overly negative)

Question 15

The Opposition’s Methods of Scrutiny

Answer 15

Ministerial question time
- (including written questions to ministers)
- Also PMQs. (this often descends into ‘Punch and Judy’ politics)
- Often descends into personal attacks (eg all Govt ministers have to face Questions not just PM.

PM also questioned by the Liaison Committee of the Commons twice a year.

Debates
- (Opposition gets 20 days a year to propose subjects for debate)
- E.G. SNP – debate on Trident nuclear defence 2015.

Select Committees.
- Many Labour MPs chair Select Committees.

Question 16

Ministerial Question Time (Including PMQs)

Answer 16

a)
- Prime Minister’s Questions every Wednesday (30 mins).
- Parliament holds PM to account BUT very ‘gladiatorial’ or ‘Punch & Judy’ – political theatre, mud-slinging.

b)
- Questions for MPs on Govt. side are often ‘planted’ (to present PM in a good light).

c)
- Also rota of questions for individual ministers.
- Usually more detailed and less partisan.
- MPs often raise concerns from constituents.

d)
- PMQs undoubtedly test a leader
– a good performance at PMQs is essential for maintaining a leader’s position in his party as well as boosting party morale.

Question 17

Is the Commons effective in carrying out its functions?

Answer 17

REPRESENTATION
- Most MPs very active in constituency, and some are effective at representing pressure groups and causes
BUT
- Commons is not socially representative (few women and ethnic minorities).
- Also, because of FPP, smaller parties (eg. UKIP) are under-represented.
- Still no effective mechanism to remove poorly performing MPs

SCRUTINY
- Question Time and Select Committees
BUT
- PMQT is a media sideshow, most MPs don’t want to be disloyal (they are Whipped).
- Also some MPs lack expertise, research back-up and time to investigate Govt. thoroughly

LEGISLATION.
- Commons makes legislation legitimate
BUT
- Usually 3 line Whip and automatic in-built majority for Govt (Elective Dictatorship).

DEBATING
- eg. Excellent Bombing Syria Debate.
- Such debates are seen as a good training ground for future Ministers
BUT
- Proper debate is rare in a crowded timetable.

Question 18

Is the Lords effective in carrying out its functions?

Answer 18

REPRESENTATION
- Life Peers represent wide cross section of society with expert knowledge, and often take up causes on behalf of neglected groups eg elderly
BUT
- Unelected, therefore lacks legitimacy.
- Also few women and ethnic minorities.

SCRUTINY
- More independent than MPs
- Whips less powerful
- Many Peers experts in their field. Often improve or block unfair or poorly crafted aspects of bills.
- Every Govt. department has a frontbench representative in the Lords that peers can question
BUT
- Cannot force change on Commons
- No Select Committee in Lords.

LEGISLATION
- Can amend laws
BUT
- Can only delay non-money bills not block
- Salisbury Convention

DEBATING
- More time to deliberate than Lords plus experts
BUT
- Debates are largely symbolic.

Question 19

Reform of the Lords

Answer 19

• In 1999 all but 92 of the hereditary peers removed from the Lords.
• Can be argued that Lords should be partially or fully elected.

Question 20

Arguments for elected Lords.

Answer 20

• Democratic (and more legitimate) – present system outdated (‘cash for peerages’)
• More representative
• Might encourage more participation
• Would improve legislation (better scrutiny of Commons, less elective dictatorship)

Question 21

Arguments against reform of Lords

Answer 21

• Could lead to gridlock between 2 chambers (which chamber would be more legitimate if both elected?)
• Political parties would take over the 2nd chambers – don’t need another House of Commons.
• If one party controlled both chambers then more elective dictatorship?
• Life peers have specialist knowledge – must not lose that.
• Also ethnic and gender diversity can be improved through appointment process: “if it ain’t broke, don’t fix it”!

Question 22

In what ways is the Lords becoming more important/assertive?

Answer 22

a)
- After removal of most hereditary peers in 1999, legitimacy of Lords has increased.

b)
- Life peers are more active, and hence there have been more challenges to Govt. power
- eg from 1997-2019 there were 528 defeats for the Labour Govt in the Lords

c)
- After 1999, Conservatives no longer dominated the Lords, no party has overall control.
- This means crossbenchers play an important role eg amendments to the Health and Social Care Bill in 2012 (which Govt accepted).

d)
- Lib Dem peers very obstructive after 2005
- eg they opposed Blair’s proposals for ID cards even though it was in the manifesto (disregarding Salisbury Convention)

Question 23

How does the Commons maintain its supremacy?

Answer 23

a)
- Govt usually has a majority in Commons so generally gets its own way
- eg Coalition Govt. rejected 7 Lords amendments to its Welfare Reform and Work Bill.
- Govt. can use the Parliament Act to force a bill through eg equalising the age of consent for gay people (2000).

b)
- House of Lords lacks democratic legitimacy so often practices self-restraint

Question 24

Reform of the Commons

Answer 24

2010-15 REFORMS
- Backbench Business Committee established to choose and control debates in Commons on 27 days each year on any topic.
- Chairs of Select Committee to be elected by backbench MPs (not Whips).
- Fixed term Parliaments of 5 years.

2015 RECALL OF MPS ACT
- A by-election can be triggered if an MP commits a serious offence.

FURTHER FUTURE REFORM
- Reducing MPs to 600 by re-drawing constituency boundaries (to be completed in 2018?).

Question 25

Does Govt. control Parliament?

YES

Answer 25

a) Usually Govt. has a majority (not in 2010 or 2017 though)

b) Most MPs want promotion so toe the party line,

c) Whips control MPs,

d) Legislative committees controlled by Govt.,

e) Govt. controls Commons timetable,

f) Lords can only delay a bill (plus Salisbury Convention - must pass manifesto measures),

g) Parliamentary scrutiny (PMQs, debates, vote of no confidence) is generally ineffective.

Question 26

Does Govt. control Parliament?

NO

Answer 26

a) Backbench rebellions

b) Select Committees can act independently and force changes in Govt. policy,

c) Govt. does not have a majority in the Lords.

d) 2017 Supreme Court Article 50 decision reasserted Parliamentary sovereignty,

e)
- Jan 2018, Speaker allowed a backbench MP to put forward an amendment which forced May to come back with an EU ‘plan B’ within 3 days of her defeat on her EU withdrawal agreement.
- The Speaker broke with established precedent to do this.
- Is this Parliament reasserting more control over a weak Govt ?