2.3 Legislative process Flashcards
1
Q
5
Describe the Salisbury Convention
A
- HoL will not reject/amend manifesto item passed by HoC
- Convention states that unelected, unaccountable body should not hinder legitimate policies
- However recent reforms to make HoL more professional have led greater challenging of manifesto legislation, especially if the exact details of policy change
- Lords can propose ‘reasoned amendments’ at second reading, but not ‘wrecking amendments’
- debates over whether convention should apply to minority/coalition government
2
Q
3
Describe ‘wrecking amendments’
A
- A bill that would make the legislation unworkable or contradictionary
- e.g. Lord Dear proposed ‘wrecking amendment’ on Marriage (Same-Sex Couples) Bill that would have forced religious organisations to opt-in to offering homosexual weddings, with CoE being banned from doing so
- Speaker can refuse to select such amendments for debate
3
Q
7
Outline the legislative process
A
- First reading - bill introduced to HoC (or HoL)
- Second reading
- Committee stage - scrutiny by committee
- Report stage
- Third reading
- Passage to HoL (or HoC) + ‘ping pong’ for up to year
- Royal Assent
4
Q
3
Describe the second reading
A
- main debate held, followed by vote
- gives opportunity for opposition to voice views
- possible for bill to pass with no debate
5
Q
8
Describe the committee stage
A
- Public Bill Committee (exclusive to HoC) set up to deal with bill
- party whips dominate selection of members
- Take evidence from experts and interest groups
- Government can table amendments which are debated on
- amendments for discussion selected by Committee chair and voted on only by committee members
- minority of bills dealt with whole HoC
- Applies to all bills, bar money bills
- Composition of public bill committees reflects composition in Parliament and thus Government rarely loses committee stage vote
6
Q
2
Describe the report stage
A
- All MPs can suggest amendments which then are voted on
- Bill debated with passed amendments included
7
Q
2
Describe the Third Reading
A
- final debate and last opportunity to block legislation
- no more amendments can be tabled
8
Q
4
Describe parliamentary ‘ping-pong’
A
- Once passed third reading in HoC, bill will begin HoL first reading (or vice-versa)
- HoL cannot veto bill, but can propose and pass amendments
- HoC and HoL must approve amendments from other house
- Back and forth continues until both agree
9
Q
1
Describe royal assent
A
monarch signs bill into law, marking formal passage
10
Q
4
Describe the differences in the House of Lords legislative process
A
- Before committee stage, amendments published in ‘Marshall’s list’
- In committee stage, the government cannot limit subjects under discussion or impose a time limit - unlike in the HoC
- HoL meets as whole house in commitee stage
- Amendments can be added at third reading provided it has not already been discussed at committee or report stage - unlike in HoC
11
Q
3
Describe the whip system
A
- Parties appoint chief and deputy whips in HoL and HoC
- Ensure that fellow legislators attend and vote according to party lines
- Powers of patronage employed e.g. proposing withdrawal of funding for local constituency if MP threatens to break whip
12
Q
3
Describe the levels of the whip
A
- One-line whip - attendance requested
- Two-line whip - attendance necessary
- Three-line whip - attendance essential (may expel members/remove whip e.g. Ken Clarke, Amber Rudd)
13
Q
4
Describe the power of the whip
A
- large parliamentary majority will make voting/debates largely a formality due to whip
- Members whipped to vote on amendments in Public Bill Committees
- Also influence selection of Public Bill Committee members
- MPs who defy whip are unlikely to advance careers e.g. Jeremy Corbyn held no ministerial role during New Labour
14
Q
3
Describe how PMBs are introduced in the House of Commons
A
- Ballot - MPs put forward proposal. 20 enter ballot and top seven usually debated. Most PMBs introduced this way
- Ten-Minute Rule - slot on Tuesday and Wednesday for MP to propose legislation in ten-minute speech. Less likely to be successful
- Presentation - formal presentation to HoC
15
Q
1
Describe how PMBs are introduced in the House of Lords
A
selected using ballot at start of each parliamentary session
16
Q
2
Describe the success of PMBs
A
- Can be successful if attains cross-party, and importantly, government support
- e.g. Andrew Rosindell’s Animals (Penalty Notices) Bill 2021 which proposed £5k fines for animal abuse quickly passed Parliament due to support of Government
17
Q
4
Describe the failure of PMBs
A
- Limited parliamentary time given to debate them on Fridays
- May lack numbers to hold division (vote)
- e.g. Peter Kyle MP’s 2018 PMB to reduce voting age to 16 not given enough time by government to proceed
- Role of PMBs generally serves to raise profile of issue rather than changing law
18
Q
5
List some notable defeats in the House of Commons
A
- Shops Bill 1986 - government lost despite 140-seat majority (due to religious rebels); failed due to 27 Tory rebels in 2016
- Terrorism Act 2006
- Syrian intervention 2013
- EU withdrawal Agreement 2018 - 230 vote loss (highest ever)
- Letwin Amendment 2019
19
Q
4
Describe the Terrorism Act 2006 government defeat in 2005
A
- Included clause to detain terrorists suspects without charge for 90 days
- 49 Labour MPs rebelled
- Govenrment defeated 322-291
- First Blair loss in HoC
- Clause dropped from Act
20
Q
3
Describe the government defeat on Syria intervention in 2013
A
- Coalition defeated on motion to authorise military intervention in Syria provided the UN had proved Assad had carried out a chemical weapons attack
- Surprise defeat due to 30 Con and 9 LD rebels
- 285-272 defeat (13 vote loss)
21
Q
3
Describe the government defeat in the Letwin amendment 2019
A
- Emergency debate called by Oliver Letwin MP to allow HoC to take control of parliamentary business to prevent Government forcing through no-deal
- 21 pro-EU Tories rebelled
- Motion passed 328 - 301 (27 votes)
22
Q
3
Describe a recent PMB
A
- Liam Fox introduced a Down Syndrome bill to strengthen rights of those with Down Syndrome
- Cross party sponsors: Ian Paisley, Layla Moran
- Passed into law 2022
