Comp2- T6- Parliament

Question 1

What are the powers and functions of the Commons?

Answer 1

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

Question 2

What are the shared powers and functions of the Commons and Lords?

Answer 2

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

Question 3

What are the powers and functions of the Lords?

Answer 3

Examining secondary legislation and making recommendations for future consideration

Delaying primary legislation for up to a year

Question 4

What did the 1911 Parliament Act do?

Answer 4

Lords have been unable to interfere with the government’s financial arrangements.

Question 5

What did the 1949 Parliament Act do?

Answer 5

Reduced the House of Lords delaying power to 1 year.

Question 6

What is the Sainsbury’s Convention?

Answer 6

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.

Question 7

What are 3 different forms of legislation?

Answer 7

Private Bills
Private Members’ Bill
Public Bill

Question 8

What is a Private Bill?

Answer 8

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.

Question 9

What are Private Members Bills?

Answer 9

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.

Question 10

Define division

Answer 10

The minimum number needed if the bill is to progress.

Question 11

What is a Public Bill?

Answer 11

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.

Question 12

Define White Paper

Answer 12

A document outlining the main intentions and terms of a Public Bill

Question 13

What happens at the 1st reading?

Answer 13

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

Question 14

What happens at the 2nd reading?

Answer 14

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

Question 15

What happens at the Committee stage?

Answer 15

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

Question 16

How are the House of Lords involved in the Committee stage?

Answer 16

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

Question 17

What happens at the report stage?

Answer 17

The whole house debates the whole bill again with all the amendments included

Formality

Question 18

What happens at the transfer stage?

Answer 18

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)

Question 19

What happens at royal assent?

Answer 19

The monarch signs the bill formerly making it law, not been refused since 1707

Formality

Question 20

How have the lords been able to force change?

Answer 20

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.

Question 21

Church of England Lords

Answer 21

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

Question 22

Hereditary Peers

Answer 22

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

Question 23

Life Peers

Answer 23

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

Question 24

Non-working Peers

Answer 24

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

Question 25

Part-time Peers

Answer 25

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

Question 26

Working Peers

Answer 26

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

Question 27

Define a Select Committee

Answer 27

A group responsible for scrutinising the work of a government, notably of a particular government department.

Question 28

What work do Select Committees do?

Answer 28

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.

Question 29

What are the core tasks of Select Committees?

Answer 29

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.

Question 30

Background of Select Committees

Answer 30

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.

Question 31

Select Committees powers

Answer 31

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.

Question 32

What do the government do with Select Committees reports?

Answer 32

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.

Question 33

How are Select Committees involved in the legislative process?

Answer 33

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.

Question 34

When did Select Committees hold pre-appointed hearings for public appointments?

Answer 34

2008

For some 60 positions - including the chair of Ofcom and the Governor of the Bank of England.

Question 35

How far is the Select Committee’s power in public appointments?

Answer 35

They do not have the power to veto appointments.