3. Parliament Flashcards

1
Q

What is the default position on how long Parliament lasts, and what happens afterwards?

A

5 years. Parliament is dissolved; all MPs vacate their seats and a general election is held

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2
Q

Before its recent repeal, what were the two ways in which a election can be held before the end of the five-year term, under the Fixed-term Parliaments Act 2011?

A
  1. Motion of no confidence is passed in House of Commons, and a Motion of confidence is not passed within 14 days, or
  2. 66% of all MPs (434/650) vote for an early election

Now a general election can be called at any time

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3
Q

Within what time limit must a bill pass the House of Commons, House of Lords, and receive Royal Assent?

A

Within the parliamentary session that the bill was first introduced to Parliament

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4
Q

What is the exception to the general rule that a bill must become law within the parliamentary session it is introduced?

A

If the House of Commons or the House of Lords agree to carry-over the bill to the next session

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5
Q

What are the five stages of the legislative process which take place within both the House of Lords and the House of Commons?

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
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6
Q

What happens at the first reading?

A

The bill is formally introduced

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7
Q

What happens at the second reading?

A

The bill is debated for the first time

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8
Q

What happens at the committee stage?

A

The bill is scrutinised line by line and amendments are tabled

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9
Q

What are the two main types of committee in the House of Commons, how many MPs does the first consist of, and which is the only one which applies in the House of Lords?

A
  1. Public Bill Committee (16-30 MPs)
    2 Committee of the Whole House (only one which applies in House of Lords)
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10
Q

Who first considers any amendments made to a bill?

A

The house which first considered the bill

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11
Q

Does the House of Lords have the same powers as the House of Commons to the make legislation?

A

Yes

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12
Q

What is the Salisbury convention?

A

If a government bill is implementing a commitment made in a party manifesto, the House of Lords will always grant a second reading, but also retain the right to make amendments at a later stage

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13
Q

What the House of Lord’s suspensory veto under the Parliament Acts 1911-1949?

A

If the House of Lords block a piece of legislation passed by the House of Commons, and the bill is reintroduced in the next session, any further House of Lords blocks are irrelevant, and the bill is sent for Royal Assent

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14
Q

What is the one condition for the suspensory veto to not be available to the House of Lords to block legislation a second time?

A

A year needs to have elapsed between the bill’s Second Reading in the first session and the Third Reading in the second session

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15
Q

What is secondary legislation?

A

Legislation made by government under the authority of an Act of Parliament

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16
Q

What are the two procedures by which secondary legislation is enacted?

A
  1. Negative resolution procedure
  2. Affirmative resolution procedure
17
Q

How is secondary legislation enacted under the negative resolution procedure, and can either House make amendments?

A

It will automatically take effect unless either House votes in favour of rejecting it within 40 days of the date stated on the draft

18
Q

How is secondary legislation enacted under the affirmative resolution procedure, and can either House make amendments?

A

Both houses must expressly vote in favour for it to take effect. No amendments can be made.

19
Q

Do the Parliament Act 1911-1949 apply to secondary legislation, and what is the effect of this?

A

No. The House of Lords are free to block legislation as many times as it is put forward.

20
Q

What Henry VIII Powers?

A

Powers granted to government to make minor amendments to primary legislation

21
Q

What is the primary impact of secondary legislation being made by government and not Parliament?

A

It can be struck down or interpreted in line with the rule of law by the courts if it goes beyond government powers

22
Q

What is the sub judice rule?

A

During debates, MPs and peers do not refer to cases which are currently before the courts

23
Q

What is an exception to parliamentary privilege?

A

Courts may refer to the official records of debates to help interpret legislation as intended by Parliament, where the legislation is unclear