Chapter 4 - Parliament Flashcards
House of Commons
Formed of 650 Members of Parliament (MPs) who each represent the constituency they won the last general election. Nearly all belong to a political party and sit with other party members.
His Majesty’s Loyal Opposition
The largest political party that is not in government. Leader is the Leader of the Opposition, and debates with PM on performance of government.
Shadow cabinet
Supports the Leader of the Opposition and scrutinizes their counterpart in government.
(i.e. Foreign minister scrutinizes foreign minister).
Speaker of the House of Commons
Chosen by all MPs. Speaker’s main function is to maintain order during debates and ensure that MPs comply with rules of parliamentary procedure. Expected to be politically impartial.
Elections in Parliament
House of Commons - General elections, House of Lords - Unelected.
Dissolution of Parliament (Elections in Parliament)
General elections held 25 working days after Parliament is “dissolved”. Dissolution occurs five years after the date that it first meets or earlier by royal prerogative after a request from the Prime Minister.
Qualification for Membership (Elections in Parliament)
No qualifications other than to be over 18, citizen of a Commonwealth country, not a Member of House of Lords, those holding following offices (Members of Judiciary, civil servants, members of armed forces, members of police forces, members of parliament/legislatures outside commonwealth ie EU.
By-Elections (Elections in Parliament)
In between elections, seats can become vacant through the death or retirement of a member. This triggers a by-election for that constituency to select a new member.
Recall of MPs Act 2015
If an MP has been:
- Convicted of an offence and is sentenced to imprisonment;
- Suspended by the House of Commons for 10 days for misconduct; or,
- Found guilty of providing false or misleading information in relation to their expenses,
The speaker will notify the constituency. This triggers a “recall petition” in the constituency. If more than 10% of the electorate in that constituency sign the petition, then a by-election is held. The MP is said to have been recalled back to their constituency, and if they so wish, can contest the by-election.
House of Lords (name four categories)
Is an unelected chamber. Currently around 800 members, each belonging to one of four categories:
(1) Hereditary Peers
(2) Life Peers
(3) Lords Spiritual
(4) Law Lords
Hereditary Peers (House of Lords categories)
Hold a title at the rank of a Duke, Earl, Viscount, or Baron.
These titles are hereditary and pass down through the family, usually to the first-born son.
House of Lords Act 1999 limits numbers to only 92.
Life Peers (House of Lords categories)
Make up the majority of the House of Lords, meaning that HoL is primarily an appointed chamber.
Appointed by the Monarch on the advice of the Prime Minister and are given the rank of Baron.
By convention appointments are made in approximate proportion to the share of the vote each political party achieved at the previous general election.
Unlike hereditary peers, these titles extinguish on the death of the holder and do not pass down in the family.
Lords Spiritual (House of Lords categories)
The most senior 26 bishops of the Church of England.
Law Lords (House of Lords categories)
Were appointed for life when the House of Lords served as the highest appellate court in the UK. This role was replaced by the Supreme Court, but some Law Lords still remain.
The King’s Speech (Primary Legislation)
Parliament lasts up to five years split into “Parliamentary Sessions” of about 12 months starting in May.
Every session is opened by a King’s Speech during the State Opening of Parliament.
King reads out a speech prepared by the government outlining the government’s legislative proposals for the following session.
Parliamentary Session (Primary Legislation)
Parliament lasts up to five years split into “Parliamentary Sessions” of about 12 months starting in May.
Significant because a Bill must pass House of Commons, House of Lords, and receive Royal assent within the session when it was first announced. Otherwise must start again in the next session.
Exception when HoC / HoL agrees to “carry over” a bill from one session to another.
In between sessions Parliament cannot meet and business is suspended until the beginning of the next session.
Prorogation (Primary Legislation)
A session ends and the next one begins when the Monarch, on the advice of the Prime Minister, exercises the royal preorogative power of prorogation.
Power must be exercised reasonably due to possibility it could be used by the government to effectively suspend Parliament for long periods of time. Anything other than a short prorogation must be justified or it could be reviewed as unlawful by courts.
Legislative Process (name all stages)
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Consideration of Amendments (ping pong)
Royal Assent
First Reading (Stages of Legislative Process)
First stage of Bill’s passage through parliament.
Formality that introduces the bill into the chamber. Government publishes the text of the bill and explanatory notes that outline the government’s intentions behind the bill.
Second Reading (Stages of Legislative Process)
First opportunity for the principles of the bill to be debated. Takes place in the chamber of the HoC, and all MPs can choose to take part.
Committee Stage (Stages of Legislative Process - name two types of Committee)
When the bill is scrutinised line by line. MPs can table amendments to the bill. These are debated and , if approved, they will form part of the bill.
Two main forms of committee:
(1) Public Bill Committee - Between 16 and 30 MPs form a Public Bill Committee and consider the bill. The political parties are represented in proportion to their share of the seats in the main chamber. The Committee can receive evidence from experts or campaign groups about the bill.
(2) Committee of the Whole House - Entirely uncontroversial or urgent bills, or bills of first-class constitutional importance are considered by all MPs meeting in a Committee of the Whole House. Meets in the Commons chamber.
Report Stage (Stages of Legislative Process)
The bill is received from the committee and is reconsidered in the chamber.
Further amendments can be made at this point, but in the House of Commons, the Speaker is unliekly to select for debate amendments that cover issues which have already been debated in an earlier stage of the process.
Generally, this stage gives an opporuntity for all MPs to raise concerns over matters of policy.
Third Reading (Stages of Legislative Process)
Often quite brief and gives MPs or peers a final review of the bill before going to the other House to start at first reading.
In HoL is the last chance for amendments to be made.
Consideration of Amenments / Ping Pong (Stages of Legislative Process)
During its process through either House, most bills are amended, sometimes quite heavily.
The amendments need to be considered in teh House that first consideered the bill. If the amendments are accepted, then thge bill can be sent to the Monarchg for Royal Assent. If the amendments are not agreed, then they can be removed or counter-amendments can be sent to the second House.
The second House then has to consider whether to insist on their amendment, accpt the counter-amendment, propose a compromise, or back down entirely.
This process is repeated between the Houses until the final text of the bill is agreed.
