6.4 - The Legislative Process Flashcards

1
Q

What is a legislative bill?

A
  • 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.
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2
Q

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

A
  • Ballot
  • Ten Minute Rule
  • Presentation
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3
Q

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

A
  • Very little as very few have become law.
  • There is little influence of backbenchers as a result.
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4
Q

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

A

They can filibuster.

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5
Q

What is filibustering?

A

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

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6
Q

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

A

Many MPs return to their constituents on a Friday.

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7
Q

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

A

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

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8
Q

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

A

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

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9
Q

What recent private member’s bills have become law?

A

The International Development (Gender Equality) Act 2014.

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10
Q

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

A
  • 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.
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11
Q

What are the stages of a bill through Parliament?

A
  • First Reading
  • Second Reading
  • Committee Stage
  • Report Stage
  • Third Reading / Transfer
  • Royal Assent
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12
Q

What does the First Reading consist of?

A

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

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13
Q

What does the Second Reading consist of?

A
  • 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)
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14
Q

What does the Committee Stage consist of?

A
  • 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.
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15
Q

What does the Report Stage consist of?

A

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

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16
Q

What does the Third Reading / Transfer consist of?

A

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

17
Q

What does Royal Assent consist of?

A
  • 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.
18
Q

What are backbenchers?

A
  • 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.
19
Q

What are the main roles of backbench MPs?

A
  • 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.
20
Q

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

A

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

21
Q

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

A
  • They can control parliamentary business for 35 days a year.
  • MPs can raise any question for debate with the committee.
22
Q

What is the Petitions Committee?

A
  • The committee that scheduled debates on petitions.
  • (Mostly e-petitions that have reached 100,000 signatures.)
23
Q

What actually determines how powerful backbenchers are per Parliament?

A
  • 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.
24
Q

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

A
  • 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.
25
Q

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

A
  • The government can ignore the advice of select committees.
  • 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.
26
Q

What is the opposition?

A

The second-largest party in the Commons.

27
Q

What is the ‘redress of grievances’?

A

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

28
Q

Why is the opposition important in British Politics?

A
  • Ensures the government is held to account.
  • Gives the electorate a different choice other than the government.
29
Q

What should the opposition do?

A
  • 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.
30
Q

How can opposition parties ensure they achieve their objectives?

A
  • 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.
31
Q

What are ministerial questions?

A

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

32
Q

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

A

One hour per day from Monday to Thursday.

33
Q

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

A

30 minutes, Monday to Thursday.

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

34
Q

How long are ministers given to respond to written questions?

A

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

35
Q

When is the PM expected to attend the Commons?

A

Every Wednesday from 12:00 to 12:30.