3.2- Parliament Flashcards
How are members of the House of commons chosen, how does this system of election work
All are chosen through first past the post in 650- constituencies- the conservatives want to decrease this to 600. There were 3971 seeking election in 2015
Under the fixed term parliaments act they are held at 5 year intervals. An early election can take place if, a government looses a no confidence vote and does not form a government in 14 days, or two thirds of MPs support an early election motion.
IF amnestying MP dies then there is a by election . Only one independent, lady Hermon has been elected in 2010 and 15 in North down NI. Some may complete their terms as independents, for example Douglass Carswell.
Most are back benchers. .
How are the lords elected.
There are no limits to number of lords- around 800. There are hereditary, life and bishops
What are parliaments main functions
Passing legisaltion
Scrutiny
Providing ministers (government)
How is the function of passing legislation enacted
The most important function of parliament is to pass legislation.
Most legislated is initiated by the executive and there is limited opportunity for opposition MPs to pass their own legislation. IT generally responds to the government legislation.
What are whips and what do they do
They are responsible for for ensuring MPs attend votes and votes with the parties. They issue instructions which indicates how important it is to vote - the most important are three lines. They may offer prospects of ministerial posts to encourage and reward loyalty. Persistent rebels may be withdrawn, being suspended if needed.
Peter mandleson was elevated to the lords to become business secretary
WHAT IS THE ARGUMENT OF OVERRIDING NECESSITY
Governments can use this argument to get through legislation.
The 2005 prevention of terrorism act introduced control orders for individuals suspected for terrorism- it completed all stages in 18 days. The Cooper let win bill passed in one night. They can be rushed, for example the 1991 dangerous dogs act which responded to tabloid stories, the RSPCA found that 30 deaths were caused in the period by 21 breeds not specified- many criticised it as it targeted the dogs not the owners
How does parliament enact scrutiny
The opposition seeks to hold the government to account and expose its errors.
They can do this in a number of ways
- Questions to ministers-
- Select committees
- Debates- I.e. Cameron was defeated on Syria. Backbench business committee gives more power to back benches to shape what is debated.
How does parliament need to represent the electorate
THE LORDS DOES NOT DO THIS- AVERGAE AGE OF 70 AND 5% MINORITY
The fptp method ensures this is strong. They have to show this element of representation, for example Zack goldsmith opposing the Heathrow’s expansion, or 44MPs opposing HS2 were form constituencies that would be affected- they may cote them out
How effectively does parliament perform its role of representative function
- MPs loyalty and desire for promotion, may come into conflict with their representative function. Some take the side of constituents, for example Hazel Blears supported a protest of a part of a hospital in Salford
- Mps are still only 7% minority, minority female SEE OWEN JONES ON THIS- 2015- 22% were form business, 15% from finance, 10% from media and 14% from law.
WHAT ARE THE MAIN POWERS OF THE LORDS? how has it been limited?
The lords is less powerful than the commons, with increased democracy it has lost power.
The parliament act fo 1911 and 1949 limited this. The lords broke the convention of not dealing with matters of taxation. The peoples budget, with large taxes on the aristocratic class caused them to reject the budget and as a result the 1911 parliament act was passed. It meant in law:
- Lords have no right to delay money bills
- They can now only delay by 2 years
Clement Attlee’s government faced opposition in the lords in its iron and steel nationalisation bills and used the act to push it through. the 1949 bill limited their delaying time to one year.
The salisbury convention also means that the lords will not oppose a commitment in a manifesto an elected party.
IT now has the following powers
- It acts as a revising power, providing amendments, to government legislation, they can decide what to do
- Delaying
- IF a government were to attempt to prolong the life of parliament beyond its legal maximum, the lords can force an election
IN WHAT WAYS IS THE LORDS BECOMING MORE IMPORTANT
The removal of most hereditary peers means that the upper house is now dominated by life peers, who had mostly been in service- it increases their sense of legitimacy. There has been increased turnout-
between 1979 and 97 there were 241 debates in the lords, between 1997 and 2010 there were 528 and between 2015 and 16 60
No party now holds the lords, - Lib Dems even opposed identity cards even though it was announced in advance. They argued that the salisbury convention did not apply due to the fact labour only had 35.2% of the popular vote. Coalitions create further debate on this.
Cross bench peers play more of a roll, as neural figures they can asses bills on merit. For example Lord Owen played a role in opposing the hEalth and social care bill, all the Lord’s amendments were taken.
How does the commons maintain its supremacy
The commons still remains the dominant house
Many ammednents are supported, when it notices its flaws. When clashes occur the government can use its majority- for example in Feb 2012 the coalition gov rejected 7 amendments in the welfare reform and work bill, arguing it has financial implications
IT can go back and forth- for example the 2005 terrorism prevention bill, there was a 30 hour sitting, the lords insisted on a sunset clause that means it would automatically expire in a year- the lords backed down after a review was promised.
The commons can still use the parliament act- it did so in
- Changing the European parliament voting system- 1999
- Age of consent legalisation 2000
- Banning hunting dogs 2004
IT usually drops its case after making its points
How did the lords act in the tax credit issue
The Lords delayed planned cuts to tax credits. IT was emotionally charged and was able to get involved as it was in statutory instrument, rather than primary legislation.
They did not block it, delayed it.
What are the different types of bill
Government bill or public bill- most important type that can be debated, They are Brought forward by ministers to change police. For example the 2012 health and social care act
Private bill- Much less common. Sponsored by a. company or organisation with the intention of chaining law that affects them. A group affected has the right to petition. For example the 2013 London local authorities and transport for London Act, it increased new powers for dealing with obstructions caused by bidders and road users in the capital.
Hybrid bill- Has characteristics of both public and private. IT proposes changes to law that affect both public and organisations particularly. for example HS2 bill
Private members Bill-
Affects whole pop, introduced by lords of MPs . Un liked to become law, depend on time being found for them. They are drawn at a ballot or under then 10 min rule. Some landmark bills have come by it- for example the duty on councils and the nHS to look after people with autism was a private members bill proposed by Cheryl Gillan MP
What are the stages of a bill being passed
Origin- green paper then white paper
First reading- Made available
Second reading- debated and vote taken in contested
Committee stage- scrutinised in detail in public bill committee, amendments may be suggested.
Report stage- considers amendments
Third reading- amended bill is debated and voted on
HOL- same stages in Lords, no committee. Lords can propose amendments. Can last a year
Royal assent- monarch signs bill.
