Chapter 6 - Parliament & Parliamentary Sovereignty

Question 1

What are the three central elements of Parliament, and which one is the most important?

Answer 1

1. House of Commons
2. House of Lords
3. Monarch
   Of these, the House of Commons is the most important.

Question 2

What are the five main functions of Parliament?

Answer 2

1. Scrutinising the work of the Government
2. Passing legislation
3. Debating key issues
4. Approving government funding
5. Providing personnel for the Government (ministers drawn from either House).

Question 3

What is Parliament’s role in relation to government-drafted legislation?

Answer 3

• It is actually the Government that is responsible for drafting most legislation that is placed before Parliament.
• Parliament’s role is to formally enact legislation rather than making laws on its own initiative.

Question 4

What is the role of the Speaker in the House of Commons?

Answer 4

The Speaker of the House of Commons chairs proceedings, rules on procedural points, controls debates, and performs their duties impartially by convention.

Question 5

What is the limit on the number of ministerial office holders in the House of Commons, and under which statute is this established?

Answer 5

The House of Commons is limited to 95 holders of ministerial office under the House of Commons Disqualification Act 1975, s 2.

Question 6

What is the Recall of MPs Act 2015, and what process does it introduce?

Answer 6

• The Recall of MPs Act 2015 introduces a process allowing MPs to be removed from their seat and for a by-election to follow if certain conditions are met.

Question 7

What are the three conditions that can trigger a recall petition under the Recall of MPs Act 2015?

Answer 7

1. The MP is convicted of an offence and receives a custodial sentence.
2. The MP is suspended from the Commons for at least 10 sitting days following a report from the Committee on Standards.
3. The MP is convicted of providing false or misleading information for allowances claims.

Question 8

What percentage of registered voters must sign a recall petition for an MP to be removed from their seat, and what follows if this threshold is met?

Answer 8

At least 10% of registered voters in the MP’s constituency must sign the recall petition within six weeks. If this threshold is met, the MP will be removed from their seat and a by-election will be called.

Question 9

How is the House of Lords different from the House of Commons in terms of its composition?

Answer 9

The House of Lords is not elected and is not a representative body. Historically, it consisted largely of hereditary peers, but now it is primarily made up of life peers, with up to 92 hereditary peers and 26 senior clergy of the Church of England.

Question 10

What did the House of Lords Act 1999 do, and how many hereditary peers remain in the House of Lords?

Answer 10

The House of Lords Act 1999 removed the bulk of hereditary peers from the House of Lords, allowing up to 92 hereditary peers to remain.

Question 11

How are life peers appointed to the House of Lords, and under which Act?

Answer 11

Life peers are appointed by the Monarch on the advice of the Prime Minister, and their appointment is made under the Life Peerages Act 1958.
* The Prime Minister often receives suggestions from a non-political Appointments Commission.

Question 12

What did the May 2011 White Paper propose for reforming the House of Lords?

Answer 12

Reducing the size of the House of Lords to 300 members, with 80% elected and 20% appointed. Elected members would serve a single 15-year term.

Question 13

Why was the House of Lords Reform Bill withdrawn after its second reading in July 2012?

Answer 13

The House of Lords Reform Bill was withdrawn due to opposition from Conservative backbenchers who were concerned that a mostly elected House of Lords would challenge the primacy of the Commons, as well as opposition from other parties and members of the House of Lords.
* There was also a feeling that reform was not a priortiy at a time of economic difficulty.

Question 14

What is the current outlook for reforming the House of Lords?

Answer 14

Although there is a widespread view that the unelected House of Lords is unsuited to a modern constitutional democracy, there are currently no credible proposals for its reform.
* The removal of the remaining hereditary peers may be the only likely change in the near future.

Question 15

What does the Meeting of Parliament Act 1694 require regarding the summoning of Parliament?

Answer 15

• The Meeting of Parliament Act 1694 requires that Parliament must be summoned every three years.
• By convention, Parliament now meets throughout the year, primarily due to the need for annual renewal of taxes and the volume of political work.

Question 16

What is the maximum duration of a Parliament according to the Parliament Act 1911, and how has this historically been handled?

Answer 16

• The Parliament Act 1911 limits the maximum life of a Parliament to five years.
• Historically, most Parliaments did not last the full five-year term because Prime Ministers would request dissolution from the Monarch when their party was politically popular, thus maximizing their chances of success in a general election.

Question 17

How did the Fixed-term Parliaments Act (FTPA) 2011 change the duration of Parliament and when early elections can be held?

Answer 17

• The FTPA 2011 introduced fixed dates for parliamentary general elections, with a maximum term of five years.
• Early elections could be triggered by a vote of no confidence (unless a new government could be formed) or by a two-thirds majority vote by MPs in favor of an early election.

Question 18

How was the general election of December 2019 triggered despite the provisions of the Fixed-term Parliaments Act 2011?

Answer 18

• The Early Parliamentary General Election Act 2019 was enacted to circumvent the FTPA 2011 after the Government failed to obtain a two-thirds majority to trigger an election. This Act only required a simple majority of MPs to pass and allowed the December 2019 general election.

Question 19

What change did the Dissolution and Calling of Parliament Act 2022 introduce?

Answer 19

The Dissolution and Calling of Parliament Act 2022 repealed the Fixed-term Parliaments Act 2011, reviving the royal prerogative power to dissolve Parliament.

Question 20

What is a parliamentary ‘session’, and how long do they typically last?

Answer 20

A parliamentary session typically starts in the spring and lasts for one year, although they can sometimes be longer, especially when important constitutional issues are being debated.

Question 21

What happens when a parliamentary session ends, and how can public bills be carried over?

Answer 21

A session ends when Parliament is prorogued by Royal Decree. Prorogation terminates all pending business, and any public bills that have not passed into law will normally lapse, although it is possible to carry over public bills from one session to the next, subject to agreement.

Question 22

What is the key difference between public bills and private bills in the legislative process?

Answer 22

Public bills alter the general law and apply to the public as a whole, while private bills change the law for a specific individual or locality.

Question 23

What are the two forms of public bills?

Answer 23

(a) Government bills – introduced as part of the Government’s legislative programme.
(b) Private members’ bills – introduced by MPs or Lords who are not government ministers.

Question 24

What typically happens to private members’ bills and can they influence government legislation?

Answer 24

Most private members’ bills do not become law due to lack of parliamentary time. However, they can create significant publicity around issues and may influence the Government’s legislative proposals.

Question 25

Can you provide an example of a private member’s bill that failed to become law but later influenced government legislation?

Answer 25

A private member’s bill criminalising upskirting failed to become law, but it later influenced the passage of the government-backed Voyeurism Act 2019, which made upskirting a specific criminal offence.

Question 26

How many private members’ bills became law in the 2022–23 parliamentary session, and can you give an example of one that was not controversial?

Answer 26

In the 2022–23 parliamentary session,** 24 private members’ bills received Royal Assent**.
* An example of a non-controversial bill is the British Sign Language Act 2022, which recognises British Sign Language as a language and requires the Government to promote its use.

Question 27

What is an example of a highly controversial private member’s bill, and why was it opposed by the Government?

Answer 27

1. The European Union (Withdrawal) Act 2019 and the European Union (Withdrawal) (No 2) Act 2019 were controversial as they prevented the UK from leaving the EU without a deal.
2. These bills were opposed by the Government because it wanted to leave open the possibility of a no-deal Brexit.

Question 28

Can you name two notable Acts that started as private members’ bills?

Answer 28

1. The Murder (Abolition of Death Penalty) Act 1965, which abolished the death penalty for murder.
2. The Abortion Act 1967, which provided a legal route for abortions.

Question 29

What happens during the first reading of the legislative process?

Answer 29

The first reading is purely formal; the title of the bill is read out, and it is then printed and published.

Question 30

What occurs during the second reading of a bill in the House of Commons?

Answer 30

The main debate takes place on the general principles of the bill during the second reading.

Question 31

What is the purpose of the committee stage in the legislative process, and how is the committee structured?

Answer 31

• The purpose of the committee stage is to examine the bill in detail, and amendments may be made to its clauses.
• The committee consists of 16–50 members, appointed by the Committee of Selection, and reflects the proportional representation of parties within the House of Commons.

Question 32

Under what circumstances might a bill be referred to the ‘Committee of the Whole House’?

Answer 32

Important bills, such as those of constitutional significance or those authorising government expenditure, or uncontroversial bills that require little discussion, may be referred to the ‘Committee of the Whole House’.

Question 33

What happens during the third reading of a bill in the House of Commons?

Answer 33

During the third reading, the bill as amended is considered. The debate is normally brief, and only verbal amendments can be made. This is the final opportunity to vote on the bill.

Question 34

What happens if the House of Lords makes amendments to a bill after its third reading in the Commons?

Answer 34

If the House of Lords makes amendments to the bill after the third reading, it is sent back to the Commons. The bill can theoretically go back and forth between the two Houses until prorogation, but in practice, the Lords will usually accept the Commons’ decision if the original wording is restored.

Question 35

When does a bill become law, and what is this process called?

Answer 35

A bill becomes law after receiving Royal Assent, at which point it is referred to as an ‘Act of Parliament’. However, its commencement may be delayed until a future date determined by delegated legislation under the Act.