Comp2- T6- Parliament Flashcards
What are the powers and functions of the Commons?
Examination and approval of the financial affairs of the government
Complete veto of legislation in certain circumstances
Dismissal of a government by a vote of no confidence
Select committee examination of the work of government departments
Final approval for amendments to legislation
What are the shared powers and functions of the Commons and Lords?
Debating legislation and voting on legislative proposals
Proposing amendments to legislation
Calling government and individual ministers to account
Debating key issues of the day
Private members may introduce legislation of their own
What are the powers and functions of the Lords?
Examining secondary legislation and making recommendations for future consideration
Delaying primary legislation for up to a year
What did the 1911 Parliament Act do?
Lords have been unable to interfere with the government’s financial arrangements.
What did the 1949 Parliament Act do?
Reduced the House of Lords delaying power to 1 year.
What is the Sainsbury’s Convention?
Unwritten convention says that the HofL must not obstruct any legislative proposal that was included in the government’s last election manifesto.
The government has been given a mandate from the people – the unelected HofL has no authority to defy that mandate.
What are 3 different forms of legislation?
Private Bills
Private Members’ Bill
Public Bill
What is a Private Bill?
If an organisation, wishes to take some action which the law currently forbids it from doing, it can apply for a Private Bill.
Often concerns the building of roads or bridges or various new uses of land.
Private Bills are not normally considered by either House as a whole but are considered by committees of one house or the other.
Members of the public and other interested parties may give evidence to these committees, or present petitions.
It is rare for a Private Bill to attract any publicity as they usually only concern private interests.
What are Private Members Bills?
Presented by individuals or groups of MPs or peers.
At the start of the year, members who wish to present such a bill enter their names in a ballot, usually about 7 bills are selected in this way and they guarantee at least 1 reading.
Such bills have virtually no chance of being turned into law as:
It is difficult to persuade enough MPs or peers to turn up for a debate and division.
Or because it is opposed by the government
If a bill attracts the attention of ministers and seems to be desirable, it will pass through the same procedures as a public or government bill.
MPs and peers know that their bills are unlikely to progress but use them to bring an issue to the attention of the government in the hope that ministers might take it up later.
Define division
The minimum number needed if the bill is to progress.
What is a Public Bill?
Most bills fall into this category.
Presented by the government and are expected to be passed without too much obstruction.
Up to a year, before they are drafted and announced, they are normally preceded by a White Paper which summarises the proposal.
At the White Paper stage, a debate is held and a vote taken.
Any potential problems are identified at this stage and, very occasionally, bills may be dropped if Parliament has serious concerns.
Define White Paper
A document outlining the main intentions and terms of a Public Bill
What happens at the 1st reading?
bill is introduced in the Commons or Lords, never challenged but instead with the purpose to inform members the bill is on the way
Formality
What happens at the 2nd reading?
Crucial stage
The main debate on the principles of the legislation
Followed by a vote or division
Party whips will get people to vote with the party
Details of the bill aren’t discussed
The government expects to win the vote and virtually always does
Major legislation like the annual budget the committee stage may involve the whole house
What happens at the Committee stage?
A Public Bill Committee is formed for each piece of legislation in the HOC containing 18 members chosen by the whips- the role is to consider the detail of bills
In each committee, the government side has the majority ensuring the government can win any vote at the committee stage
Defeats for government are not unheard of but remain rare
Committees can call witnesses from interested parties and consider written evidence when considering the details of a bill
Each proposed change/amendment is voted on
It is hoped and assumed amendments made at the committee stage will improve legislation ensuring it protects vulnerable minorities
How are the House of Lords involved in the Committee stage?
The government whips try to ensure the government wins any vote but there is no majority so it cannot be guaranteed (whole house in
Governments often suffer defeat in the Lords at this stage but the amendments proposed can be overturned in the HOC
What happens at the report stage?
The whole house debates the whole bill again with all the amendments included
Formality
What happens at the transfer stage?
If the bill starts in the Commons it is passed to the Lords and follows the same procedure, if started in the Lords it is passed to the Commons
(ping pong)
What happens at royal assent?
The monarch signs the bill formerly making it law, not been refused since 1707
Formality
How have the lords been able to force change?
If the Lords digs its heels in and insist on an amendment, it may force the government and the Commons majority into submission.
In 2015 when a government proposal to cut the payments of tax credits was rejected in the Lords and the government had to concede defeat.
Church of England Lords
26 members are archbishops or senior bishops in the Church of England
There are no automatic places for the leaders of other religions, though some have been nominated
Hereditary Peers
92 are members of the aristocracy
They have inherited their titles from their fathers
The House of Lords Act 1999 limited the number
When a vacancy arises, the surviving hereditary peers elect a replacement
Life Peers
Appointed for life only- their title cannot be passed onto their children
Usually given the title Lord, Baron, Baroness
Most appointed by party leaders
Many nominations are former government ministers whose political career is over
Others have held prominent positions in public life such as the police, civil service or army
Political peers normally support the party who nominated them
Large organisations such as religious groups, trade unions and pressure groups can also make nominations and there are also suggestions from the general public
Non-working Peers
Individuals who are not interested in political activity
Many appear in the Lords from time to time but rarely vote or take any active part
Some are never seen in the House
Part-time Peers
Peers who are often not attached to any part, but do take part in debates and vote on issues that particularly interest them
A fair proportion of these are hereditary peers
Their attendance is irregular
Working Peers
Often these are members of political parties who consider themselves professional politicians
For various reasons they have not stood for election, but are often granted peerage so that they can work for their party in the Lords. They may also be members of government or the opposition frontbench
As active members, they receive an income for their regular attendance
Define a Select Committee
A group responsible for scrutinising the work of a government, notably of a particular government department.
What work do Select Committees do?
Select Committees have enhanced parliamentary scrutiny of the executive.
The overall aim is to hold the government to account for policy and decision making and support parliament in scrutinising legislation and government spending.
They highlight important issues, bring expert contributions to debates, hold the government accountable for policy problems and issue evidence-based recommendations.
What are the core tasks of Select Committees?
Strategy – to examine the strategy of the government department, including its key objectives and priorities.
Policy – to examine policy and make proposals.
Expenditure and performance – to examine departmental spending and delivery.
Draft bills – to scrutinise draft bills.
Bills and delegated legislation – to help the Commons to consider bills and legislation.
Post-legislative scrutiny – to examine the enactment of legislation.
Appointments – to consider departmental appointments and hold pre-appointment hearings, if necessary.
Support for the House – to produce reports for debate in the Commons.
Public engagement – to help the Commons to make their work accessible to the public.
Background of Select Committees
Departmental Select Committees were created in 1979.
As of 2016, there are 21 Select Committees – some like Treasury Select Committee and Foreign Affairs Select Committee, have sub-committees.
Most Select Committees have between 11-14 members, the largest being the Select Committee on Exiting the EU which has 21 members.
Membership reflects the party balance in the Commons.
Chairs of committees are allocated to parties according to their relative strength.
Since 2010, select committee chairs are elected by all MPs in a secret ballot using the AV voting system – prior to this it was the party whips who appointed members of select committees.
Select Committees powers
Select Committees decide which issues they are going to examine.
They have wide powers to summon witnesses and examine restricted documents.
Committees spend much of their time questioning ministers, officials and outside experts.
Some witnesses are reluctant to provide full and frank evidence.
Confrontations with high-profile figures such as media mogul Rupert Murdoch, entrepreneur Mike Ashley and businessman Sir Philip Green made big headlines.
However, some MPs have been accused of being overly aggressive in their interrogations.
In 2015-2016, departmental Select Committees held some 700 meetings and produced almost 100 reports.
What do the government do with Select Committees reports?
The government must respond to Select Committee reports but is not required to accept their recommendations.
A study in 2011 found that governments accept around 40% of Select Committee recommendations.
How are Select Committees involved in the legislative process?
Select Committees cannot introduce their own legislative proposals but they are now involved in the pre-legislative scrutiny, where they make suggestions to improve draft bills, and post-legislative scrutiny, where they examine whether legislation has been effective.
When did Select Committees hold pre-appointed hearings for public appointments?
2008
For some 60 positions - including the chair of Ofcom and the Governor of the Bank of England.
How far is the Select Committee’s power in public appointments?
They do not have the power to veto appointments.
