Chapter 5: Institution of Parliament

Question 1

1 Who is who in Parliament

Who sits where?

Answer 1

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.

Question 2

The Speaker

Answer 2

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.

Question 3

Frontbenchers

Answer 3

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’.

Question 4

Backbenchers

Answer 4

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.

Question 5

1.2 Prominent roles in the House of Commons

Answer 5

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

Question 6

1.3 The Speaker of the House of Commons (Politically neutral and presiding over parliamentary debates)

Answer 6

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

Question 7

Disciplinary & Punitive Function

Answer 7

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.

Question 8

1.3.1 The Speaker’s power in debates

Answer 8

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.

Question 9

Speaker Considerations

Answer 9

• 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.

Question 10

1.3.2 Amendments to proposed legislation

Answer 10

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.

Question 11

Speaker will try to maintain impartiality by applying principles

Answer 11

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.

Question 12

1.3.3 Upholding Parliamentary rules

Answer 12

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.

Question 13

1.3.4 The Speaker and political controversy (Brexit political crises)

Answer 13

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.

Question 14

Controversial and Unprecedented

Answer 14

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.

Question 15

1.3.5 The Deputy Speaker

Answer 15

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

Question 16

1.4 The Leader of the House

Answer 16

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)

Question 17

The Leader of the House

Answer 17

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.

Question 18

1.4.1 Shadow Leader of the House

Answer 18

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.

Question 19

1.5 Whips

Answer 19

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’)

Question 20

Three-line whip

Answer 20

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‘.

Question 21

Defying a three-line whip

Answer 21

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.

Question 22

1.6 Prominent figures in the House of Lords

Answer 22

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.

Question 23

Black Rod

Answer 23

‘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

Question 24

1.7 Summary

Answer 24

• 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.

Question 25

2 The workings of Parliament

2.1 ‘Rules’ and convention

Answer 25

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

Question 26

2.2 ‘Erskine May’

Answer 26

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.

Question 27

Parliamentary Proceadural Rules

Answer 27

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).

Question 28

2.3.1 Presumption in favour of government business

Answer 28

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.

Question 29

2.5 Resolving procedural disputes

Answer 29

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.

Question 30

2.6 The daily business of Parliament

Answer 30

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.

Question 31

2.6.1 Question Time

Answer 31

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

Question 32

2.6.2 Prime Minister’s Question Time

Answer 32

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.

Question 33

2.7 Urgent questions

Answer 33

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

Question 34

2.8 Ministerial statements

Answer 34

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.

Question 35

2.9 Debates

Answer 35

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.

Question 36

2.10 Divisions

Answer 36

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.

Question 37

Lord Speaker

Answer 37

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).

Question 38

2.11 Hansard

Answer 38

’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.

Question 39

2.11.1 The rule in Pepper v Hart [1993] AC 593

Answer 39

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.

Question 40

2.12 Committees

Answer 40

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.

Question 41

2.13 Summary

Answer 41

• 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.

Question 42

3. Parliamentary legitimacy and privilege

What is parliamentary legitimacy?

Answer 42

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.

Question 43

3.2 The House of Commons

Answer 43

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

Question 44

3.3 Disciplining MPs

Answer 44

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

Question 45

3.3.1 Criminal offences

Answer 45

• 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

Question 46

3.4 House of Commons Code of Conduct

Answer 46

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’.

Question 47

3.5 Expulsion from the House

Answer 47

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.

Question 48

3.5 Expulsion from the House

Answer 48

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.

Question 49

3.6 MPs’ expenses scandal

Answer 49

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.

Question 50

MPs Second Homes

Answer 50

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

Question 51

3.7 Independent Parliamentary Standards Authority (IPSA)

Answer 51

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’.

Question 52

3.8 Parliamentary Committee on Standards

Answer 52

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.

Question 53

Committee of Privileges

Answer 53

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

Question 54

3.9 Parliamentary Commissioner for Standards (PCS)

Answer 54

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

Question 55

3.9.1 Powers of the PCS

Answer 55

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

Question 56

If a breach is proved..

Answer 56

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

Question 57

3.10 Legitimacy of the House of Lords

Answer 57

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.

Question 58

Democratic legitimacy of the House of Lords

Answer 58

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

Question 59

3.11 Lords’ (mis)conduct

Answer 59

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.

Question 60

Investigations & Complaints

Answer 60

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

Question 61

Matters outside the remit of the Commissioner

Answer 61

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

Question 62

Sanctions include

Answer 62

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)

Question 63

3.12 Parliamentary privilege

Answer 63

’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.

Question 64

3.12.1 The right of each House to control its own proceedings and precincts

Answer 64

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.

Question 65

3.12.2 Freedom of speech

Answer 65

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.

Question 66

3.12.3 ‘Proceedings in Parliament’

Answer 66

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.

Question 67

R v Chaytor & Ors [2010] UKSC 52

Answer 67

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.

Question 68

3.12.4 Freedom from arrest

Answer 68

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.

Question 69

3.13 Summary

Answer 69

• 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.

Question 70

4. Parliamentary scrutiny

4.1 Parliamentary committees

Answer 70

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.

Question 71

4.1.1 House of Commons Select Committees

Answer 71

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

Question 72

4.1.2 House of Lords Select Committees

Answer 72

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

Question 73

4.2 What are select committees?

Answer 73

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

Question 74

4.3 Why does Parliament need select committees?

Select committees are cross-party

Answer 74

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).

Question 75

4.4 Select committee membership

Answer 75

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.

Question 76

4.4.1 Commons select committees

Answer 76

• 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

Question 77

4.4.2 Lords select committees

Answer 77

• 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

Question 78

4.5 Scrutiny of government

Answer 78

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

Question 79

4.6 House of Commons select committees

Answer 79

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.

Question 80

4.7 House of Lords select committees

Answer 80

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).

Question 81

4.8 Joint select committees

Answer 81

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.

Question 82

4.9 Select committee powers to call evidence

Answer 82

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.

Question 83

4.9.1 Power to summons witnesses

Answer 83

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.

Question 84

4.9.2 Who gives evidence to select committees?

Answer 84

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

Question 85

Mark Zuckerberg: International grand committee

Answer 85

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.

Question 86

4.10 Select committees in action

Answer 86

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:

Question 87

4.11 Summary

Answer 87

• 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.

Question 88

5 Passage of legislation

5.1 Getting a Bill to Parliament

Answer 88

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)

Question 89

5.2 Different process for secondary legislation

Answer 89

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.

Question 90

5.2.1 Affirmative resolution procedure

Answer 90

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

Question 91

5.2.2 Negative resolution procedure

Answer 91

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).

Question 92

5.2.3 JCSI

Answer 92

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.

Question 93

5.3 Bills starting in the Commons

Answer 93

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.

Question 94

5.3.1 First and Second readings

Answer 94

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.

Question 95

5.3.2 Committee stage

Answer 95

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.

Question 96

5.4 Report stage and third reading

Answer 96

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.

Question 97

5.5 Final stages (Ping Pong)

Answer 97

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.

Question 98

5.6 Royal assent (More of a convention than law)

Answer 98

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.

Question 99

Announcements & Commencement

Answer 99

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.

Question 100

5.7 Private Members’ Bills (PMBs)

Answer 100

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.

Question 101

Private members’ bills

Answer 101

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’.

Question 102

5.8 Parliament Acts 1911 and 1949

Answer 102

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.

Question 103

Collapse of a longstanding convention

Answer 103

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.

Question 104

Hunting Act

Answer 104

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).

Question 105

5.9 Summary

Answer 105

• 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.