Chapter 5: Institution of Parliament Flashcards
1 Who is who in Parliament
Who sits where?
The Chamber of the House of Commons is a rectangular shape, so the Government and the
Opposition can face each other. Members of Parliament (MPs) from the same party tend to sit
together.
The Speaker
The Government sits on the benches to the right of the Speaker. The official Opposition and MPs from other parties sit on the benches to the left of the Speaker.
Frontbenchers
Government ministers and shadow ministers (ie their counterparts in the opposition – including the ‘Opposition Shadow Cabinet’) sit on the front benches, facing each other. They are referred to as ‘frontbenchers’.
Backbenchers
MPs who don’t have a ministerial (or shadow) role sit nearer the back of the Chamber and are
referred to as ‘backbenchers’.
The Speaker sits in a prominent position between the two sides of the House.
1.2 Prominent roles in the House of Commons
In addition to the Prime Minister, the Cabinet (who are also predominantly MPs) and the elected MPs for each political party, there are a number of other prominent figures who have an important part to play in Parliamentary business.
These are:
* The Speaker of the House
* The Deputy Speakers
* The Leader of the House
* The Shadow Leader of the House
1.3 The Speaker of the House of Commons (Politically neutral and presiding over parliamentary debates)
The Speaker is the chief officer and highest authority in the House of Commons and, by
convention, politically neutral. Although they remain a Member of Parliament, they resign from
their political party on taking office. The Speaker is elected by the House of Commons.
The Speaker’s role is to preside over Parliamentary debates, determining which MPs may speak and maintaining (or attempting to maintain) order during debates
Disciplinary & Punitive Function
These include:
* Directing an MP to withdraw abusive or denigrating remarks
* Suspending the sitting of the House due to serious disorder (very rarely used)
* Suspending MPs who are deliberately disobedient (‘naming’)
* Ordering MPs to be quiet so others can be heard
The Speaker does not normally vote in Parliament, nor ever participate in debates.
1.3.1 The Speaker’s power in debates
MPs do not have an automatic right to speak during debates and the Speaker must balance MPs’
participation with ensuring the smooth running of parliamentary business. In deciding who to call
to speak.
Speaker Considerations
- The standard practice of calling the official spokespeople from the Government and the
Opposition to start and finish a debate - Whether some MPs have a specific interest in the topic being debated (such as a direct
constituency link or policy expertise) - An MP’s seniority and whether they have previously contributed to the debate
- The time available for the debate
- The need to protect the rights of parliamentary minorities. Whether minorities have had a
chance to contribute can be an important consideration in deciding whether to bring a debate
to an end.
1.3.2 Amendments to proposed legislation
The Speaker also has control over which amendments to bills (legislation proposed by the
government) can be debated and voted upon. Exercise of this power can lead to accusations
that the Speaker is acting politically. The Speaker can also decide to allow urgent questions or emergency debates.
Speaker will try to maintain impartiality by applying principles
The need to protect parliamentary minorities. (The Speaker will often allow backbench opposition MPs to table – ie propose for debate – amendments to government bills.)
- Amendments which are ‘out of order’ will not be debated (eg if they are vague, not properly
related to the bill, or submitted late). - Several amendments which relate to the same issue may be debated together, so that
parliamentary time is not wasted.
1.3.3 Upholding Parliamentary rules
Standing Orders: In addition to controlling the behaviour of unruly MPs, the Speaker is responsible for ensuring the
correct application of parliamentary rules. These rules are called ‘Standing Orders’.
Speaker Rulings: The Speaker can also make definitive interpretations of parliamentary rules and procedures through ‘Speaker’s rulings.’ He or she will draw on advice from the Clerk of the House and the Deputy Speakers, but the Speaker makes the ultimate decision.
Governed almost entirely with by Convention: The Speaker’s role is exercised and governed almost entirely by convention. MPs can criticise the Speaker by putting down a substantive motion for debate. If MPs voted to criticise (or ‘censure’) the Speaker’s behaviour, the Speaker would come under pressure to resign but is not automatically dismissed from their post.
1.3.4 The Speaker and political controversy (Brexit political crises)
The role of the Speaker attracted little public attention, certainly outside the United Kingdom, until
the Parliamentary debates relating to the Brexit political crisis. John Bercow MP, Speaker from 2009 until 31 October 2019, became a familiar figure in the news and attracted both praise and criticism for his conduct of the role. Some of his decisions had a very significant impact on the progress of withdrawal from the EU.
Controversial and Unprecedented
In September 2019, the Speaker allowed an emergency debate to go ahead which paved the way
for backbench MPs to take control of the Parliamentary timetable, passing legislation requiring the government to seek a time extension for leaving the EU in order to avoid a ‘no deal Brexit’. This was a controversial and unprecedented use of the emergency debate procedure.
1.3.5 The Deputy Speaker
The House of Commons elects three Deputy Speakers:
They are elected from the opposite side of the House of Commons to the Speaker.
The principal Deputy Speaker has four roles which are distinct from that of the Speaker:
* Supervision of arrangements for sittings in Westminster Hall
* General oversight of matters connected with private bills
* Chair of the Panel of Chairs with general responsibility for the work of general committees.
* Presiding over the annual Budget debate (by convention)
The other two Deputy Speakers are known as the First Deputy Chairman of Ways and Means and the Second Deputy Chairman of Ways and Means. Unlike the Speaker, deputy speakers do not
resign from their parties, but they do withdraw from any active political role
1.4 The Leader of the House
The Leader of the House of Commons is a government minister whose main responsibility is to
organise government business in the House. This consists principally of:
* Scheduling business (eg bills for debate)
* Chairing the Parliamentary Business and Legislation Committee
* Deputising for the Prime Minister in some circumstances, if the Deputy Prime Minister or First
Secretary of State is unable to do so (or there is no one operating in that role)
The Leader of the House
The Leader of the House works closely with the Chief Whip (Parliamentary Secretary to the
Treasury). Whips are MPs or Lords appointed by each party in Parliament to manage their party’s contribution to parliamentary business. One of the whips’ key responsibilities is making sure the maximum number of their party members participate in voting, in support of their party, and in enforcing party discipline generally.
1.4.1 Shadow Leader of the House
The Shadow Leader of the House of Commons is a member of the Official Opposition Shadow
Cabinet and is responsible for working with the Leader of the House in arranging Commons’
business. Through the Shadow Leader, the opposition can hold the government to account in how it manages the business of the House of Commons.
1.5 Whips
In addition to shaping their party’s contribution to the business of both Houses of Parliament, whips are responsible for:
* Counting votes
* Arranging the business of Parliament (in this capacity they are often referred to as the ‘usual
channels’)
Three-line whip
Every week, whips send out a circular (called ‘The Whip’) to their MPs or Lords detailing upcoming
parliamentary business. Special attention is paid to divisions (where MPs vote on debates).
Important divisions are underlined three times - a ‘three-line whip‘.
Defying a three-line whip
Defying a three-line whip is a serious transgression and has sometimes resulted in the whip being ‘withdrawn’ from an MP or Lord. This means that the Member is expelled from their political party (but keeps their seat in their constituency) and must sit as an independent MP until the whip is restored.
1.6 Prominent figures in the House of Lords
The House of Lords has broadly equivalent figures to those in the House of Commons:
- The Lord Speaker chairs daily business in the House of Lords and gives procedural advice and
assistance. - The Senior Deputy Speaker deputises for the Lord Speaker.
- The Leader of the House of Lords is a Minister (and member of the Cabinet) and is the most
senior representative of the government in the Lords. The Leader leads a team of around 25
ministers and whips in the Lords.
Black Rod
‘Black Rod’ is a senior officer in the House of Lords, responsible for maintaining order in the House and its precincts. Black Rod plays a prominent role in the state opening of Parliament. This official is sent from the Lords to summon the Commons to hear the King’s speech; the doors of the Chamber are traditionally slammed in his face, to symbolise the independence of the Commons. He knocks on the door three times, after which it is opened, and MPs follow to the Lords to hear the King
1.7 Summary
- The basic division of the House of Commons is between the government Ministers and MPs,
and opposition shadow Ministers and MPs. - The role of the Speaker is to preside over Parliamentary debates and enforce the relevant rules.
- The political dimension of the Speaker’s role is contentious: Speaker are intended to be
politically neutral but in practice this has not always been the case. - The role of the Leader of the House is to organise government business within the House.
- The role of the Whips is to manage the business of voting in parliament.
- The House of Lords has equivalent prominent figures.