3.1.1.2 the structure and role of parliament Flashcards
in 2015 what was the vote in favour of military action in syria
397 to 223
House of Commons
The lower chamber, and the primary chamber, of the UK legislature. It is directly elected by voters.
House of Lords
The upper chamber of the UK legislature. It is not directly elected by voters
Bicameralism
this term describes a politcal system in which there are two chambers in the UK legislature
Advantages of Bicameralism
-the upper house provides checks and balances
-provides gretaer scruntiny and revision of legislature
-represents different interests
Disadvantages of Bicameralism
-institutional conflict between the two houses which produces legislative gridlock
-indirectly elected upper house may frustrate the will of the democratically elected lower house
legislature
the branch of government responsible for passing laws
parliament
an assembly that has the power to debate and make laws.
how many MPs are there in the HoC?
650
how is each member elected?
FPTP
Is the number of MPs fixed?
No. In 2016, the Conservative government confirmed its commitment to cut the number of MPs to 600 and equalise constituency size by 2020
what are ministers and shadow ministers known as
front benchers
what are MPs that have no ministerial or shadow ministerial posts also known as
backbenchers
majority of MPs that come from a party, what is the exception
Sylvia Hermon, once a Ulster Unionist MPs, was re-elected as an independent in north down in 2010 and 2015.
parliamentary privilege
The legal immunity enjoyed by MPs, particularly their right to free speech in parliament
What was the average MP salary in 2016
£75,000
two elements of parlaimentary privilege
-freedom of speech
-exclusive cognisance
freedom of speech
Members of both houses are free to raise any issue in parliament without fear of prosecution
exclusive cognisance
this is the right of each houses to regulate its own internal affairs without interference from outside bodies
divisons
a vote in parliament
whip
a party offical responsible for ensuring that MPs turn up to parliamentary votes and follow party instructions on how to vote
what are the three main roles of whips
-ensuring that MPs attend parliamentary divisions and approving the absence of MPs when their vote isn’t required
-issuing instructions on how MPs should vote
-enforcing discipline within the parlaimentary party
what is the role of the speaker?
Presides over debate in the chain by selecting MPs to speak and maintaining order. They may temporarily suspend MPs who break Parliamentary rules.
how is the speaker elected
by MPs through secret ballot
hereditary peers
a member of the house of lords who, since 1999, has been selected from those who inherited their title
life peer
a member of the house of lords who has been appointed to the chamber for their lifetime
peer
a member of the house of lords
different categories of members in house of commons
-hereditary peers
-life peers
-lords spiritual
what did the house of lords 1999 act do to hereditary peers
ended the right but all of 92 hereditary peers to sit and vote in the lords
how many hereditary peers were there before the 1999 act
750
peerages act 1963
-allowed hereditary peers to renouce their titles and membership of the lords.
-allowed douglas-home to leave the lords and win by by-election to the house of commons when he became Conservative party leader and prime minister in 1963
-also allowed for women hereditary peers to sit
the life peerages act 1958
gave the prime minister the right to appoint members to the upper house for life
what was significant about the 1958 and 1999 act together
they brought about signifcant changes to the composition and working of the house of lords. the creation of the life peers increased the diveristy and professionalism.
in november 2016 how many female peers were there
211 (26% of the lords compared to 9% in 1999)
proposals of reform to the house of lords
-Free vote 2003 - MPs had a free vote on seven options proposed by a parlaimentary joint committee
-White Paper 2007 - hybrid house, 50% elected 50% appointed
-House of Lords bill 2012 - proposed a chamber of 360 elected members 90 appointed members 12 bishops and 8 ministerial members
Exclusive powers of the house of commons
-the right to insist on legislation - in cases of conflict over legislation the lords should ultimately give way to the commons
-financial privilege - the lords cannot delay or amend money bills
-the power to dismiss the executive - if the government is defeated on a motion of no confidence, it must resign
what legislation underpins the commons primacy
parliament act of 1911 and 1949
conventions covering the relationship
-the sailsbury doctrine - bills implementing manifesto commitments should not be opposed by the lords
-reasonable time - the lords should consider government business with a reasonable time
-secondary legislation - the lords does not usually object to secondary legislation
The parliament act
The House of Lords does not have a veto over legislation approved by the House of Commons. It can onlt delay bills fro up to one year, Prior to 1911, it could block bills passed by the commons indefinitely. The parliament act 1911 restricted this veto power to two parliamentary sessions, which was reduced to one by the parliament act 1949.
what bills have been passed without consent of the laws
-war crimes act 1911
-European parliamentary election act 1999
-sexual offences (amendments) act 2000
-hunting act 2004
financial privilege
-The house of lords cannot delay or amend money bills. the parliament act 1911 states that any bill certified by the speaker as a money bill which is not passed by the lords unamended within a month can recieve royal assent without the agreement of the lords.
-The commons can also claim finacial privilege when the lords passes an amendment to legislation that has finacial implications, such as creating new spending.
examples of times finacial privilege was used
welfare reform bill 2012
counter terrorism 2008
identity cards 2010
support for child refugees 2016
confidence and supply
-the commons can remove the government by defeating it in a motion of no confidence. the lords does not vote on confidence motions.
-before 2011, defeat in the commons on such a motion or on the queens speech would trigger the resignation of the government
how many confidence votes have there been since 1945
23 votes of no confidence and 3 of confidence
examples of no confidence votes
James Callaghan 1979 - lost by one vote
Theresa May 2019 - won 325 to 306
Boris Johnson 2022 - won 211 to 148
fixed term parliament act 2011
clarified and limited what is treated as a confidence motion. Only a commons motion stating ‘that this house has no confidence in His majesty’s government’ is now treated as a motion of no confidence. if passed, and no alternative government is approved by the commons within 14 days, parliament is dissolved and a general election is called
the sailsbury convention
The Sailsbury Convention states that the House of Lords should not vote against a bill that seeks to an act manifesto commitment of the governing party on second or third reading no should it agree wrecking amendments
times the sailsbury convention has come under strain
-in 2006 pairs voted against an identity card bill despite it featuring in labour is 2005 manifesto. They argue that leave I have not won sufficient support of the election to claim a democratic mandate and that the convention was outdated as it relates to a time when the other house has the inbuilt conservative majority.
-lib dem conservative 2010 coalition
reasonable time convention
-The government needs to get its legislative proposals through parliament in a reasonable time. Whereas the government has significant control of the parliamentary timetable in the commons, it does not have this in the lords.
-the convention thus emerged that laws should consider all government business within a reasonable time
secondary legislation and the lords
-Parliament delegates to ministers the authority to issue secondary legislation which brings into force or amends part of an act. The parliament act do not cover legislation but it is a convention that the lords does not usually reject it.
-the review recommended that the commons should be able to override any lords vote to rejct secondary legislation.
-May’s government announced that it had no plans to curb the power of the lords
a more assertive house of lords
since the removal of hereditary peers the house of lords has become more assertive in the legislative process
-blair and brown were defeated 7 times in the commons but over 400 in the lords. moat of these happened on judicial and constitutional matters as they are of a particular interest of the peers
-many key provisions in bills are dropped liek the public bodies bill 2010-12, including plans to privatise the forestry committee
4 factors that have increased effectiveness of the house of lords
-party balance
-enhanced legitimacy
-government mandate
-support from MPs
party balance
-No party has a majority in the house of lords, so governments must win cross-party support for their legislation.
-The votes of Lib dem proved crucial - if they vote with the opposition, the government faces defeat
-the government is most likely to give ground when it’s own peers rebel or abstain
enhanced legitimacy
the reformed lords is more confident of its legitimacy and more willing to show its strength on legal and constitutional issues
government mandate
peers have questioned whether the sailsbury convention should apply in periods of coalition or when the governing party wins the support of less than a third of the electorate
support from MPs
the lords has been most effective in forcing the government to amend its proposals when MPs, particularly backbenchers from the governing party, support from amendments
debates about relative powers
the relative powers of the two chambers reflect their different functions and legitimacy. The commons has primacy because it has the democratic legitimacy which the lords lacks.
Input legitimacy
the composition of an institution and its responsiveness to citizens’ concerns as a result of participation by, and representation of, the people.
Output legitimacy
the quality and effectiveness of an institution’s performance and outcomes for people.
input vs output in parliament
the commons has input legitimacy because of its composition (it is directly elected and accountable to voters), whereas the lords has output legitimacy becuase of what it delivers (its scruntiny and revision produces better quality legislation)