6.4 - The Legislative Process

Question 1

What is a legislative bill?

Answer 1

A proposed piece of legislation which can be introduced in either the Commons or Lords.

If it passes both houses, it receives Royal Assent and became an Act of Parliament.

Question 2

How can private member’s bills be introduced to the House?

Answer 2

• Ballot
• Ten Minute Rule
• Presentation

Question 3

What has the effect of the private member’s bill been?

Answer 3

Very little as very few have become law.

There is little influence of backbenchers as a result.

Question 4

How can hostile MPs get a private member’s bill out?

Answer 4

They can filibuster.

Question 5

What is filibustering?

Answer 5

Deliberately wasting time by giving unnecessarily long speeches or drawn out points.

Question 6

Why are many MPs not present for private member’s bills?

Answer 6

Many MPs return to their constituents on a Friday.

Question 7

What is the real impact of private member’s bills?

Answer 7

They raise the profile of a particular issue rather than changing the law.

Question 8

How can a private member’s bill have a realistic chance of becoming law?

Answer 8

Bills that have cross-party support that the government looks favourably upon.

Question 9

What recent private member’s bills have become law?

Answer 9

The International Development (Gender Equality) Act 2014.

Question 10

What is one of the most significant private member’s bills?

Answer 10

The House of Lords Reform Act 2014.

It made it possible for members of the HoL to resign / retire.
Allowed peers to be expelled from the Lords for criminal activity or non-attendance.

Question 11

What are the stages of a bill through Parliament?

Answer 11

First Reading
Second Reading
Committee Stage
Report Stage
Third Reading / Transfer
Royal Assent

Question 12

What does the First Reading consist of?

Answer 12

The Bill is formally presented to Parliament by the relevant minister.

Question 13

What does the Second Reading consist of?

Answer 13

The main principles of the Bill are debated.

The government front bench introduces the Bill, and the opposition front bench and backbenchers then debate the Bill.

(Almost all Bills get through this stage by government)

Question 14

What does the Committee Stage consist of?

Answer 14

The Bill is then considered by a Public Bill Committee, or by the whole HoL if it began there.

Amendments are now proposed to the Bill.

The budget and Bills of constitutional significance are scrutinised by a Committee of the Whole House.

Question 15

What does the Report Stage consist of?

Answer 15

The bill, and any amendments are now debated and votes are taken upon them.

Question 16

What does the Third Reading / Transfer consist of?

Answer 16

The amended bill will be further debated before being transferred to the other house, where it goes through the same stages.

Question 17

What does Royal Assent consist of?

Answer 17

Once a Bill is passed by both houses, it receives the Royal Assent becoming an Act of Parliament.

If the Lords refuses support of a Bill, the Commons can overrule.

Question 18

What are backbenchers?

Answer 18

Members of the Commons and Lords who are not members of either the government front bench or opposition front bench.

They are not bound by collective ministerial responsibility and so are more independent, but are still expected to obey the party whip.

Question 19

What are the main roles of backbench MPs?

Answer 19

• Represent the interests of their constituents.
• Scrutinise the work of government.
• Consider the merits of legislation.
• Legitimise government decisions.
• Take issues they regard as significant.

Question 20

How can MPs represent the interests of their constituents at Parliament?

Answer 20

They can ask questions in the chanmber and question ministers on their behalf.

Question 21

How did the Backbench Business Committee increase the power of backbenchers?

Answer 21

They can control parliamentary business for 35 days a year.

MPs can raise any question for debate with the committee.

Question 22

What is the Petitions Committee?

Answer 22

The committee that scheduled debates on petitions.

(Mostly e-petitions that have reached 100,000 signatures.)

Question 23

What actually determines how powerful backbenchers are per Parliament?

Answer 23

Governments with massive majorities can survive large rebellions by backbenchers, so they do not need to worry about the backbenchers as much.

Governments with small or no majorities are incredibly reliant on backbenchers for legislation.

Question 24

Do backbenchers play an important role in the Commons? (Yes)

Answer 24

• Select committees scrutinise work of government departments.
• The Liaison Committee holds the PM accountable for policy development and implementation.
• ‘Redress of Grievance’
• MPs can raise public awareness of issues.
• Private Member’s Bills.
• Backbench Business Committee.
• MPs can dismiss the executive with a vote of no-confidence.
• Public Bill Committee amendments.
• Legitimising role.
• Backbenchers are not bound by collective ministerial responsibility so they can oppose government whips.
  *

Question 25

Do backbenchers play an important role in the Commons? (No)

Answer 25

• The government can ignore the advice of select committees (Women and Equalities Committee ignored over Accessibility Action Plan)
• MPs are expected to obey the party whip.
• A vote of no confidence can only be called in exceptional circumstances.
• Public Bill Committees are whipped and so opposition amendments are unlikely to be accepted.
• Most Private Member’s Bills fail.
• The government still dominates Parliamentary Agenda.
• The government’s increasing usage of secondary (delegated) legislation to change laws has negatively impacted MPs legislative function.
• MPs are increasingly expected to represent their local party rather than their own conscience.
• If the government has a large parliamentary majority, it can survive backbench rebellion.

Question 26

What is the opposition?

Answer 26

The second-largest party in the Commons.

Question 27

What is the ‘redress of grievances’?

Answer 27

The right to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.

Question 28

Why is the opposition important in British Politics?

Answer 28

Ensures the government is held to account.
Gives the electorate a different choice other than the government.

Question 29

What should the opposition do?

Answer 29

• Ensure that the government justifies its legislative programme.
• Create a public debate by providing reasoned arguments.
• Provide an alternative government-in-waiting.
• Use front bench spokespeople to expose failures of policy implementation.
• The PMQT should allow the opposition leader to present himself as the PM-in-waiting.

Question 30

How can opposition parties ensure they achieve their objectives?

Answer 30

• 20 opposition days are given to opposition parties to choose the subjects for debate.
• At Public Bill Committees, opposition MPs can scrutinise proposed government legislation.
• Shadow Ministers expose mistakes and failures of their opposition roles in government.
• With small majorities, the opposition can work with the Lords to uncover governmental failures.
• During Parliamentary debate, the opposition forces the government to justify its policies.

Question 31

What are ministerial questions?

Answer 31

When the executive is sitting in the Commons, they can be held accountable for government policy via questioning.

Question 32

How long per day is given to oral questions ministers in the Commons?

Answer 32

One hour per day from Monday to Thursday.

Question 33

How long per day is given to oral questions to ministers in the Lords?

Answer 33

30 minutes, Monday to Thursday.

Although, questions are directed to the government rather than to a specific department.

Question 34

How long are ministers given to respond to written questions?

Answer 34

One week if asked in the Commons.
Two weeks if asked in the Lords.

Question 35

When is the PM expected to attend the Commons?

Answer 35

Every Wednesday from 12:00 to 12:30.

Question 36

What are the differences between public bill committees and select committees?

Answer 36

Public bill committees examine the details of a particular bill.
Select committees scrutinise government departments.