3. Parliament

Question 1

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

Answer 1

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

Question 2

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?

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

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

Question 6

What happens at the first reading?

Answer 6

The bill is formally introduced

Question 7

What happens at the second reading?

Answer 7

The bill is debated for the first time

Question 8

What happens at the committee stage?

Answer 8

The bill is scrutinised line by line and amendments are tabled

Question 9

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?

Answer 9

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

Question 10

Who first considers any amendments made to a bill?

Answer 10

The house which first considered the bill

Question 11

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

Answer 11

Yes

Question 12

What is the Salisbury convention?

Answer 12

Lords will abstain from voting down a government bill on second or third reading, if it concerns a policy listed in its election manifesto.

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

What is secondary legislation?

Answer 15

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

Question 16

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

Answer 16

1. Negative resolution procedure
2. Affirmative resolution procedure

Question 17

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

Answer 17

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

Question 18

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

Answer 18

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

Question 19

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

Answer 19

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

Question 20

What are Henry VIII Powers?

Answer 20

Powers granted to government to make minor amendments to primary legislation

Question 21

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

Answer 21

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

Question 22

What is the sub judice rule?

Answer 22

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

Question 23

What is an exception to parliamentary privilege?

Answer 23

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

Question 24

When is an Order for Commencement required, and what is its effect?

Answer 24

required if statute contains a commencement provision require Secretary of State to issue an Order for Commencement for bill to come into force.

• cf. if no such provision is contained, bill will enter into force once Royal Assent is granted.

Question 25

How many MPs are elected to the House of Commons?

Answer 25

650 members (5 yrs terms)

Question 26

How many members are in the House of Lords?

Answer 26

778 members, but there is no fixed number of seats.
- appointed for life by Prime Minister, whereas in the Commons, MPs are elected.

Question 27

How many members comprise the Welsh Assembly?

Answer 27

60 members

Question 28

What are the two forms of parliamentary privilege?

Answer 28

absolute and qualified privilege

Question 29

What is absolute privilege and when does it apply?

Answer 29

MP cannot be liable for defamation for any statement made during Parliamentary proceedings (physically in Chambers).
- extends to ‘close connection’ scenerios related to proceedings + Select committees.
- no protection if speech occured outside Parliament.

Question 30

What is qualified privilege?

Answer 30

• only applies to defamation claims, and provides a fall-back defence if oral/written statement is shown to have been made (i) in the public interest and (ii) not malicious.

Question 31

What are the four key rules of the MP Code of Conduct?

Answer 31

1) MP must disclose any relevant interest in proceedings
2) Disclose details on financial interest on Public Register
3) Publish consultancy contracts on Register
4) Prohibited from lobbying

Question 32

How are MPs held accountable for breaches of the Code of Conduct?

Answer 32

by Parliament
- independent committee enforce rules, and serious breaches are referred to the House of Commons.
Minor cases - dealt by Speaker

Serious cases standards/privilege committee is enlisted to investigate and decide on a punishment.
- Whole HoC then votes on punishment.

Question 33

When must the Speaker notify constituents about their MPs misconduct?

Answer 33

if an MP is either:
1) suspended for more than 10 days;
2) Convicted w/ prison sentence
3) Offences concerns financial allowances

If 10% of constituents petition for re-election, race for MP’s seat re-opens.

Question 34

In what circumstances are MPs immune to arrest?

Answer 34

civil arrest cases (ie. not making child support payments)* when the HoC is sitting. *

Question 35

What are the two main forms of Parliamentary Privilege?