Chapter 5: Institution of Parliament Flashcards

Question

2 The workings of Parliament 2.1 ‘Rules’ and convention

Answer 1

Tracking the process by which proposed legislation – a Bill – becomes an Act of Parliament is a relatively straightforward task and is addressed in separate materials. More complex, and potentially more interesting, is the framework of rules and conventions underpinning this basic process. The rules governing the business of the House of Commons derive from three main sources: * ’Ancient usage’ (ie convention) * Standing Orders passed by the House following a vote * Rulings of the Speaker

Answer 2

Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament is the leading source of guidance on the workings of the House of Commons – note that this represents guidance and not rules The publication is updated as parliamentary procedure and conventions evolve. It now contains, for example: * Recall of MPs Act 2015: allows for a constituency to recall an MP for misconduct in office. * E-petitions: started by the government in 2011 and moved to the Parliament website in 2015, these allow for ordinary citizens to raise topics for debate in Parliament. At 10,000 signatures the government responds; at 100,000 the petition is considered for debate in Parliament.

Answer 3

Parliament’s procedural rules are not binding but are nevertheless respected by all parliamentarians. They ‘can be regarded as presumptions to which members voluntarily acquiesce’ (Loveland).

Answer 4

One key presumption is that government business takes precedence in the parliamentary timetable. This is reflected in ‘Standing Order 14’ which states (at SO 14.1) that: ‘Save as provided in this order, government business shall have precedence at every sitting.

Answer 5

Resolving disputes about parliamentary procedure is one of the Speaker’s most important roles. The Speaker might intervene, if, for example: * Whips from opposing parties cannot reach agreement on procedure * Backbenchers feel their concerns are not getting enough parliamentary time Remember that the Speaker is an elected and politically neutral member of the House of Commons. This office has generally been alternated between members of the two main political parties in recent times.

Answer 6

By custom, sittings in both Houses of Parliament begin with the saying of prayers. Attendance by MPs is voluntary. Other regular events include the following.

Answer 7

This takes place on Mondays to Thursdays, for one hour. A government minister answers questions put to their department by MPs. At least three days’ notice of questions must be given; the questions are then printed in the Order Paper for that day. Questions may also be put to Ministers in writing and answered in writing

Answer 8

This takes place in the House of Commons every Wednesday when Parliament is sitting, between 12 and 12.30 pm. The subject matter of questions do not need to be notified in advance. By convention, MPs ‘table’ (ie give notification of) a question about the PM’s engagements (this will not be the real subject matter of the question!). The PM therefore does not know exactly what questions will be asked.

Answer 9

If an MP wants to ask a Minister about an important matter requiring a quick response, they may make a request to the Speaker for an Urgent Question to be put. * The Speaker will grant the application if satisfied that the question is indeed urgent, and of public importance. * The government minister concerned must come to the Commons to explain the government’s position on the issue in question. * The House of Commons’ Twitter feed provides frequent updates on all Questions asked in the Commons

Answer 10

If there is something urgent and important that the government needs to bring to the attention of the House of Commons, the relevant Minister may make an oral statement to the House. This process is used after, for example, a major public incident. Ministerial statements are made after Oral Questions and any Urgent Questions. MPs then have the opportunity to ask the Minister questions. These are not tabled in advance; the order of questions is determined by the Speaker. Ministerial statements to Parliament may also be made in writing. These address more prosaic aspects of government business, for example the publication of reports by government agencies, and detailed financial information.

Answer 11

Debates in both Houses of Parliament are formalised discussions of proposals, for example for the reading of proposed legislation (Bills), or for the government to take action on a particular issue. The process of a debate is as shown below.

Answer 12

If the Speaker (or Lord Speaker) cannot determine a clear result from hearing MPs (or Lords) shout ‘Aye’ or ‘No’ following a debate, they will call a division. This means that members have to register their vote by walking into two different corridors on either side of their respective Chambers. These are called ‘division lobbies‘. Division lobbies are called the ‘Aye’ and ‘No’ lobbies in the Commons, and the ‘Contents’ and ‘Not Contents’ lobbies in the Lords.

Answer 13

Members are counted and their names recorded as they pass through the lobbies. If you have watched any parliamentary debates, you will know that the process takes around 15 minutes. The result of the vote is announced by the Speaker (or Lord Speaker).

Answer 14

’Hansard’ is the name given to the transcripts of parliamentary debates, as well as the record of written questions and answers. It also lists how members have voted in divisions. Hansard is not a strictly verbatim record; repetitions and obvious mistakes are left out. By convention, because the accuracy of the record is so important, if an MP makes an erroneous statement which is then recorded in Hansard, they must ensure that it is corrected.

Answer 15

Clear statements made in Parliament by ministers or other promoters of a bill (as recorded in Hansard) may be referred to in court in order to construe that legislation only if the wording of the legislation is ambiguous, obscure, or its literal meaning is absurd.

Answer 16

Parliamentary committees play an important role as scrutineers of government work and legislative proposals. They work in both the Commons and the Lords. Detailed information on committee remits and powers are covered in separate materials. There are two main types of committees. 1) 2.12.1 Select committees: These scrutinise many different areas of government activity and conduct. These have a permanent membership. 2) 2.12.2 Legislative committees: These scrutinise proposals for specific pieces of legislation, including delegated legislation and private bills. The most common form is a Public Bill Committee.

Answer 17

* The role of conventions in parliamentary procedure is important. * Other sources of procedural guidance and rules include ‘Erskine May’. * The powers of the Speaker include imposing sanctions on individual MPs for misconduct. * The business of Parliament includes weekly questions to the Prime Minister. * The process of a debate is highly formalised. * MPs cast their votes in ‘divisions’. * Parliamentary proceedings are recorded in Hansard. * The work of parliamentary committees is to scrutinise the legislative proposals, and policy implementation, of government.

Answer 18

Parliamentary legitimacy is based on the idea that Parliament has received a democratic mandate from the citizens who voted for its members (MPs), and therefore that Parliament is accountable to the people. Remember that Parliament is not the government (executive). There is significant overlap between the two in terms of personnel – as addressed in your materials on the separation of powers – but the question of the democratic legitimacy of government raises distinct considerations.

Answer 19

The Members of Parliament sitting in the House of Commons are democratically elected, ie in open and fair elections, by citizens. Every citizen’s vote carries the same weight. However, in order to have a realistic prospect of winning a seat in Parliament, a prospective MP needs to be a member of one of the major political parties. That is not to say that members of smaller political parties never get elected – for example, Caroline Lucas, the Green Party MP for Brighton Pavilion – but it is very rare in the UK’s ‘first past the post’ electoral system. It is also possible to run as an independent candidate, but few do, and there are even fewer successes. Limited to those joining a political party and satisfy the criteria for selection as a candidate

Answer 20

The power of the Speaker over MPs’ conduct in the Chamber of the House of Commons is addressed in your separate materials. MPs’ conduct outside the Chamber also has an impact on the perceived legitimacy of Parliament – an MP convicted of a criminal offence, for example, is unlikely to be seen as a suitable representative of the people

Answer 21

* An MP who is arrested on suspicion of a criminal offence need not inform the Speaker, as long as it does not affect their attendance in Parliament. * In the case of an MP who is convicted but released on bail pending appeal, or fined, the judge or magistrate does not need to inform the Speaker. * If an MP is convicted and sentenced to imprisonment of any length of time, the judge or magistrate will inform the Speaker by letter. * If an MP is sentenced to over a year in prison, they are disqualified from sitting and voting in the House of Commons or its committees

Answer 22

The First Rule of Conduct is that: ‘Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest, and resolve any conflict between the two, at once, and in favour of the public interest’. The Code states that it applies to Members in ‘all aspects of their public life’ but not in their ‘purely private or personal lives’. Stated purpose for the Code of Conduct: One of the stated purposes of the Code of Conduct for Members of Parliament is to ‘[ensure] public confidence in the standards expected of all Members and in the commitment of the House to upholding these rules’.

Answer 23

Expulsion from the House is the most serious form of punishment that the House of Commons has power to impose. A motion is moved, usually by the Leader of the House, ‘that [the MP] be expelled from this House’. It is generally reserved for serious crimes, perjury, fraud and corruption.

Answer 24

The Parliamentary Committee on Standards has no power to expel an MP. However, its recommendations for expulsion are likely to be followed. Since the Recall of MPs Act 2015, MPs can also be ‘recalled’ for a by-election if certain criteria are fulfilled in relation to that MP’s conduct, notably a conviction for an offence.

Answer 25

In 2009, following a Freedom of Information request, legal proceedings, and a leak to the media, a major political scandal erupted in relation to the amount and nature of expenses claimed by some MPs.

Answer 26

The majority of claims related to MPs’ ‘second homes‘ in London. Some MPs were claiming expenses for a second home (ostensibly to be nearer to Parliament), but not using them and instead renting them out. An investigative panel was established to look into claims for second homes. Criminal charges of false accounting were brought against four parliamentarians, all of whom were imprisoned. MPs made voluntary repayments of approximately £500,000

Answer 27

The Independent Parliamentary Standards authority was set up in 2010 and is responsible for the regulation and payment of expenses to Members of the House of Commons. The business costs and expenses claimed by each MP are now publicly available on the IPSA website. MPs are also required to declare their financial interests in the Register of Members’ Financial Interests, to ensure transparency about any interests which ‘others might reasonably consider to influence his or her actions or words as a Member of Parliament’.

Answer 28

The Parliamentary Committee on Standards took its current form in 2012. Its remit includes the following: * Overseeing the work of the Parliamentary Commissioner for Standards * Examining the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members’ Financial Interests and any other registers of interest established by the House * Considering any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in the Code of Conduct which have been drawn to the Committee’s attention by the Commissioner * Recommending any modifications to the Code of Conduct as may from time to time appear to be necessary.

Answer 29

Note that there is a separate body, the Committee of Privileges, which is appointed to consider specific matters relating to privileges referred to it by the House. It was this committee which produced the report in June 2023 into the misleading of the House by former Prime Minister, Boris Johnson

Answer 30

The Parliamentary Commissioner for Standards (‘PCS’) in the House of Commons is an independent officer of the House, supported by an office. Their role is to: * Provide advice * Investigate allegations that MPs have broken their Code of Conduct * Decide complaints from the parliamentary community about harassment, bullying or sexual harassment by MPs * Keep the MPs’ Code of Conduct under review * Keep the Register of Members’ Financial Interests

Answer 31

The Committee’s powers are to: * Order copies of relevant papers and records, and specific documents * Order the attendance of any MP * Decide whether to hear evidence in public or private

Answer 32

If not, it may recommend: * That the MP apologise, either in writing or in person in the House * Suspension from the service of the House for a specified number of sitting days (during this time the MP receives no salary and must not enter the precincts of the House). * In very serious cases only, expulsion from the House

Answer 33

Members of the House of Lords are not elected by the people. Nowadays, the majority are appointed - nominally by the King but, in fact, on the advice of the Prime Minister. Some nonparty political members are recommended by the House of Lords Appointments Commission, an independent body established in 2000. There are also some remaining hereditary peers sitting in the Lords. Their numbers were reduced to 92, however, following reform introduced by the House of Lords Act 1999.

Answer 34

The democratic legitimacy of the House of Lords has been and continues to be called into question - perhaps less frequently by ordinary citizens than by the government when the Lords get in its way. For example, in May 2018, the government criticised the House of Lords for passing an amendment to the EU Withdrawal Bill which allowed Parliament a veto to avoid a ‘no-deal Brexit’. The House of Lords does act as an important check on the actions of the government, however, as its members are arguably less susceptible to career considerations and pressure from their political party (if any) than MPs

Answer 35

As in the House of Commons, there is a Code of Conduct for members of the House of Lords. It covers very similar considerations, including personal behaviour and financial and business interests. The Code of Conduct is enforced by the House of Lords Commissioner for Standards.

Answer 36

Investigations are usually commenced as a result of a complaint about the conduct of a member. The Commissioner will investigate if the matter is within their remit, for example: * Failure to register relevant interests * Breach of the rules on financial inducements

Answer 37

* Policy matters or a member’s views * Members’ non-parliamentary activities * Members’ conduct in their ministerial capacity

Answer 38

A member who is imprisoned for over a year ceases to be a member of the House. Sanctions include: * Suspension from the House * Denial of access to financial support * Expulsion (very serious cases only)

Answer 39

’Parliamentary privilege’ means the range of freedoms and protections that both Houses require in order to function effectively. In summary, it consists of the following.

Answer 40

Each House has the right to control its own proceedings and precincts. For example, when the House of Lords Commissioner for Standards investigates a misconduct complaint, the evidence (eg relevant documents) becomes subject to parliamentary privilege and must remain confidential until released by the Commissioner.

Answer 41

All those participating in parliamentary proceedings have the right to speak freely without fear of legal liability. Article 9 of the Bill of Rights 1689 provides that proceedings in Parliament are not to be ‘impeached or questioned in any court or place out of Parliament’. This privilege continues to this day. An example of its application is the ability of MPs to make what would otherwise be defamatory comments during a debate in the House, without risk of legal liability.

Answer 42

The meaning of ‘proceedings in Parliament’ (originating from Article 9 of the Bill of Rights 1689) has been subject to judicial consideration. The general principle is that the courts will not allow any challenge to be made to what is said or done within the walls of Parliament in performance of its legislative functions and protection of established privileges. However, the courts will not allow misuse of the privilege.

Answer 43

In the case of R v Chaytor & Ors [2010] UKSC 52 the Supreme Court held that expenses claims by MPs did not qualify for the protection of privilege, which would otherwise have allowed them to avoid a trial for false accounting. Expenses claims were not considered to be part of the core or essential business of Parliament.

Answer 44

The ancient privilege of freedom from arrest applies to members of both Houses. Members may not be arrested without order or sentence of the House, except on a criminal charge or for a criminal contempt of court. There remain today very few arrestable civil offences, and the Joint Committee on Parliamentary Privilege has recommended that members’ freedom from arrest in civil cases should be abolished. The privilege has current practical application in that it exempts members from summons as a witness in court. Members may, however, choose to attend court voluntarily even when Parliament is sitting.

Answer 45

* The concept of parliamentary legitimacy is central to the rule of law in the UK. * MPs are selected as parliamentary candidates having joined their chosen political party. * Discipline and conduct in the Commons and the Lords is governed standards committees. * Possible sanctions against MPs and Lords include suspension from the House. * The Independent Parliamentary Standards Authority oversees MPs expenses. * The Parliamentary Commissioner for Standards investigates conduct allegations against MPs. * Parliamentary privilege exists, in part, to protect the rights of members to speak freely.

Answer 46

There are two broad types of committee in Parliament: select committees have longer-term membership and scrutinise governmental activities and polices; legislative committees (usually Public Bill committees) scrutinise individual pieces of proposed legislation. Within the first category, there are select committees operating in both the Commons and the Lords, though there is a difference in emphasis in the approach and subject matter dealt with in each.

Answer 47

These focus on scrutinising government departments. Each department of state is shadowed by a separate select committee, scrutinising its work.

Answer 48

The Lords’ select committees concentrate on broader more thematic scrutiny, based on six main areas: * Europe * Science and technology * Economics * Communications * The UK constitution * International relations

Answer 49

Select committees are a key mechanism by which Parliament holds the government to account. They consist of MPs, Lords, or, in the case of ‘Joint Committees’, both. Most select committees are established under Standing Orders (parliamentary rules), meaning that they are permanent entities although their membership will change with a change of parliament. Select committees are appointed by the House to perform a variety of tasks on the House’s behalf, including scrutinising the work of all government departments and examining expenditure, procedures, and domestic administration of the House. Committees determine the subjects into which they will inquire, and they have extensive powers to gather evidence, both written and oral. Their findings and recommendations are submitted to the House and published as reports

Answer 50

In separate materials you have seen how various mechanisms such as debates, parliamentary questions (PQs) and Prime Minister’s Questions (PMQs) are used to hold the government to account in the House of Commons. Select committees provide Parliament with a way of increasing its capacity to scrutinise the government away from the Commons chamber. Select committees are cross-party (including MPs and/or Lords from both sides of the House).

Answer 51

The Institute for Government considers that the identity of the select committee Chair ‘determines its impact more than any other factor’ (White H., Select Committees Under Scrutiny, Institute for Government, 2015). Party whips play no part in Select Committee appointments.

Answer 52

* Most committee Chairs are elected by their fellow MPs * Minimum 11 members, selected by internal party election * Membership reflects the party-political balance of the House

Answer 53

* Chairs appointed by the House on the proposal of the Committee of Selection * Members usually proposed by Committee of Selection, and voted on by the House * No fixed number of members * No rule on political balance

Answer 54

Select committee reports (which not infrequently criticise the government’s policies and actions or inaction) cannot simply be ignored. The government is committed to replying to every select committee report within 60 days of its publication. Select committees can influence the direction of government by: * Writing reports for the House * Attracting media attention to a political issue – this is increasingly important * Encouraging ministers to engage properly with an issue, knowing that they will be called to give evidence to a select committee meeting

Answer 55

Examples Public Accounts Committee This scrutinises the economy, efficiency and effectiveness of public spending and holds the government and its civil servants to account for the delivery of public services. Transport Committee This examines the expenditure, administration and policy of the Department for Transport and its associated public bodies. Committee on Standards This oversees the work of the independent Parliamentary Commissioner for Standards on, for example, MPs’ Register of Interests, conduct etc.

Answer 56

Examples Constitution Committee This examines all public bills for constitutional implications and investigates broad constitutional issues. Intergenerational Fairness and Provision Committee. This was set up in March 2019 to consider the impacts of current government policy on future generations. Gambling Industry Committee This was set up in June 2019 to consider the social and economic impacts of the gambling industry (eg online casinos).

Answer 57

There are four joint select committees (with members from both Houses): * The Joint Committee on Human Rights which considers human rights issues in the UK. * The Joint Committee for National Security Strategy which scrutinises the structures for governmental decision-making on national security, particularly the role of the National Security Council and the National Security Adviser. * The Joint Committee on Statutory Instruments is appointed to consider statutory instruments made in exercise of powers granted by Act of Parliament. Instruments not laid before Parliament are included within the Committee’s remit. * The Joint Committee on Consolidation Bills considers Bills which bring together a number of existing Acts of Parliament on the same subject into one Act without amending the law, although they occasionally contain minor corrections and improvements.

Answer 58

House of Commons select committees are given powers by the House to ‘send for persons, papers and records’, meaning they have the power to summon and examine witnesses. If any witness who has been summoned to appear before a select committee refuses to attend, the fact is reported to the House and an order made for his attendance at the bar to be admonished by the Speaker (Erskine May’s Parliamentary Practice (24th Edn, 2011) p 820). Remember that civil servants, Ministers, MPs and Lords cannot be summonsed in this way.

Answer 59

Usually, witnesses attend willingly. If they do not, the Select Committee may issue a summons. If that is ignored, then a warrant may be issued. If a Select Committee has issued a summons to a witness to attend, or produce papers, and the witness has not responded, it is for the House to act (or not) on the basis of a Report made to it by the committee. The House may order the Serjeant at Arms as Warrant Officer of the House to serve a Warrant on the witness. In serving the Warrant, the Serjeant or his appointee may call on the full assistance of the civil authorities, including the police.

Answer 60

The principal role of select committees is to scrutinise government. Ministers and civil servants will frequently appear before departmental select committees. On occasion, in the event of a crisis or issue which is in some way linked to a failure of government oversight, senior company employees may be asked to give evidence

Answer 61

For example, in 2018 Mark Zuckerberg, Facebook CEO, was asked to give evidence to an ‘international grand committee’ of parliamentary select committees as part of the UK Department of Culture Media and Sport’s ongoing investigation into online disinformation, ‘fake news’ and links to interference in the Brexit referendum. Mr Zuckerberg declined several invitations to attend, sending company employees in his place.

Answer 62

There is a wealth of content on youtube.com and other online resources showing highlights from select committee meetings. You may find it interesting to research the following select committee appearances:

Answer 63

* Parliamentary select committees are needed to provide a formal mechanism for scrutiny of government action by the legislature. * Parliamentary select committees are composed of MPs and/or Lords from any political party. * Select committees can require any civil servant, and private individuals, to appear before them to answer questions. * Select committees have powers to call evidence and to summon witnesses. * Select committees have questioned prominent business leaders in recent years, eg Facebook, Sports Direct.

Answer 64

A bill is a proposal for new legislation (an Act of Parliament), or a proposal to change an existing law, presented for debate before Parliament. Acts of Parliament are known as primary legislation. The proposed wording of the legislation is given to Parliament to consider in full. 1) Proposed by Government 2) Proposed by MP 3) Proposed by Members of Lords (Private Peer Bill)

Answer 65

Secondary legislation is made under powers granted to the relevant Secretary of State in primary legislation, often known as the ‘parent act’. Secondary legislation usually takes the form of Statutory Instruments (SIs). Not all secondary legislation is put to Parliament for consideration. This depends on the procedure mandated by the primary legislation.

Answer 66

SIs must be debated and approved by both Houses of Parliament. SIs must be debated and approved by both Houses of Parliament.

Answer 67

An SI does not need active approval by Parliament. It will automatically become law unless either House passes a motion to reject it (usually within 40 days).

Answer 68

Before being put before Parliament, the Joint Committee on Statutory Instruments scrutinises the government’s secondary legislation to make sure it is clear and within the powers granted by the primary legislation.

Answer 69

Most proposed primary legislation can start either in the Commons or the Lords but will need the approval of both Houses. (The only exception to this is if the Parliament Act procedure is used, in which case it is possible to bypass the Lords.) For bills introduced by the government, the decision whether to start in the Commons or the Lords is made by the PBLC with a view to ensuring a balanced programme of legislation in each House. By convention, bills on constitutional matters start in the Commons.

Answer 70

The First Reading is a formality – there is no debate on the bill at this stage. The Second Reading is a debate on the main principles of the bill, held in the chamber. * A Government minister will open the debate by setting out the case for the bill and explaining its provisions. * The Opposition will respond, and then other members are free to discuss it. The Government will close the debate by responding to the points made. No amendments can be made to the text of the bill at this stage, although members may give an idea of the changes they will be proposing at later stages. * At the end of the debate the House will vote on the bill. If the vote is lost by the Government, the bill cannot proceed any further, though it is rare for a Government bill to be defeated at this stage.

Answer 71

This stage involves a detailed consideration of the bill. In the Commons, this can be done in the chamber, or by a specially convened committee of MPs called a Public Bill Committee. In the Lords, the detailed reading may also be done in the chamber, or outside it. Any peer can participate in this. A Public Bill Committee in the Commons can: * Take oral and written evidence about the subject matter of the bill * Propose amendments * Propose wholly new clauses Amendments will need the approval of the PBLC before going on to the next stage.

Answer 72

In both Houses, the report stage takes place in the chamber. Only amendments proposed at committee stage are discussed. In the Commons, the third reading takes place immediately after the Report. No amendments can be made at this stage. In the Lords, third readings take place later, and amendments can be tabled.

Answer 73

Both Houses must agree on the text of a bill before it can become an Act. This means that, if the bill is amended in the second House, it must return to the first House for those amendments to be considered. The first House can reject the amendments, make changes to them or suggest alternatives. A bill may move backwards and forwards between the two Houses before agreement is reached, so this stage is sometimes called ‘ping pong’. The time taken to go through all these stages depends on the length of the bill, how controversial it is and whether it needs to be passed particularly quickly. An emergency bill may be passed in a matter of days, whereas a larger bill may be introduced at the beginning of the session and only passed at the end a year later.

Answer 74

In order for a bill to become law after it has passed both Houses after third reading, Royal Assent is also required. The monarch can give royal assent in person, but this has not happened since 1854. The King’s agreement to give his assent to a bill is a formality. By convention, the monarch does not refuse assent, though he is legally entitled to.

Answer 75

When Royal Assent has been given, an announcement is made in both Houses – by the Lord Speaker in the Lords and the Speaker in the Commons. The legislation may then come into force immediately, or after a period of time specified in the legislation, or on a later date following a ‘commencement order’ by the minister. A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent. If there is no commencement order or other provision, the Act will come into force at the beginning of the day on which it receives Royal Assent.

Answer 76

These are proposals for primary legislation introduced by MPs and Lords who are not government Ministers. Like public bills, Private Members’ bills can be introduced in either House and must go through the same set stages. However, as less time is allocated to these bills, it is less likely in practice that they will proceed through all the stages. In the Commons, Private Members’ bills have precedence over government business on thirteen Fridays in each parliamentary session.

Answer 77

Private members’ bills have on occasion made very significant changes to the law. Examples include: * The Murder (Abolition of the Death Penalty) Act 1965 was introduced as a PMB by Sydney Silverman MP. * The Abortion Act 1967 was introduced as a PMB by David Steel MP but was then backed by the government. * The Sustainable Communities Act 2007 introduced legislation intended to help reverse the trend of community decline, also called ‘Ghost Town Britain’.

Answer 78

In certain situations, it is possible for a public bill to be passed on the basis of a procedure first introduced in the Parliament Act 1911. This initially allowed a bill being sponsored by the government to be sent for Royal Assent without the approval of the House of Lords, if the Lords refused to consent to it for a period of two years. This time period was further reduced to one year through the Parliament Act 1949.

Answer 79

The reason for this procedure being introduced in 1911 was because of the collapse of a longstanding convention, under which the House of Lords did not block financial legislation (‘money bills’). This happened following a radical budget introduced by Lloyd George in 1909, which was strongly rejected by the Lords. After two years of constitutional crisis the Liberal government of the day decided to legislate in order to formally reduce the delaying powers of the House of Lords.

Answer 80

Use of the Parliament Act procedure has been quite sparing over time. It has only been called upon seven times in total, the last being in 2004 with the Hunting Act. This use of the procedure was particularly notable as it led to a challenge to the legality of the Hunting Act itself in the case of R (Jackson) v Attorney-General (2005).

Answer 81

* The government will consult on proposed legislation before it is put to parliament. * The Parliamentary Business and Legislation Committee of the Cabinet will decide what should be on the government’s legislative agenda. * Most legislation can start in either the Commons or the Lords, but will need the approval of both Houses, and go through three main stages. * Bills do not become law until they receive royal assent. * Acts of Parliament may come into force as soon as they receive royal assent, or at a later date specified in the Act. * MPs and Lords can also propose legislation, by way of a Private Member’s Bill. * Some legislation can be passed without the approval of the House of Lords, under the Parliament Acts 1911 and 1949.

Chapter 5: Institution of Parliament Flashcards

(106 cards)