Functions of parliament Flashcards
List the five most important functions of parliament
- Legislation
- Scrutiny and accountability
- Debate
- Recruitment of ministers
- Representation
What is the main function of parliament?
Making, amending and passing laws (legislating)
What does legislating through parliament do to executive made law?
Gives it democratic legitimacy by providing the indirect consent of the people
Why is legislating through parliament the most practical means of providing democratic legitimacy?
People cannot be continually assembled and referendums cannot be held for every decision
Why is the process of legitimising government laws mostly held by the commons?
- It is the democratically elected chamber
- The Salisbury Convention stops the lords from holding up legislation that was part of the governing party’s election manifesto
What must the commons approve every spring and summer?
They give formal approval to the chancellor’s budget. The lords have not been able to do this since the 1911 parliament act
What is private members legislation?
When backbenchers, rather than the government, have a chance to introduce legislation
What are the three ways private members bills can be introduced?
- 10 minute rule
- ballot
- presentation
Explain the idea of the ballot
Names of backbench MPs are randomly drawn on the second thursday of a parliamentary session and are allocated time to have their bill discussed
Why is the ballot the strongest way of introducing private members legislation?
Because the bill can be introduced with full opportunity for debate and discussion within the allocated time
Explain the idea of a 10 minute rule bill
This is where an MP is allowed to make a 10 minute speech introducing the issue for consideration
Why is private members legislation introduced through the 10 minute rule unlikely to succeed?
Because time is so limited, it is often used to make a political point rather than as a serious attempt to introduce the bill
How can a private members bill be introduced through presentation?
This is where the bill is formally ‘presented’ to the house with no discussion or comment
Why is introducing a private members bill through presentation unlikely to succeed?
The government will have many opportunities to thwart the bill
How many PMBs became statute law in the 2017-2019 parliament?
15
Give two examples of successful PMBs during the 2017-2019 parliament?
EU Act 2019 - Yvette Cooper (Labour)
Holocaust Act 2019 - Theresa Villiers (Conservative)
Why was the 2003 Sexual Offences Act limited?
It was passed before the widespread use of mobile phones and so did not account for things like upskirting
What was the only way to prosecute upskirting?
Under the common law tradition of outraging the public decency
What did the voyeurism act look to do?
Ban the practise of upskirting with the intent of causing distress or alarm to the victim
Who introduced the voyeurism act?
Lib Dem MP Wera Hobhouse, after an online petition gained 58,000 signarures
How did Theresa May give the voyeurism act a boost in its early stages?
She announced that it would have government support
Why did the voyeurism act fail to be passed on backbench business days?
Two MPs shouted oppose, thus moving it to a different day for further debate. They did this on the grounds that a government supported bill should not receive time on a BBB day
Why was the voyeurism act eventually able to pass in 2019?
Because it was given government time by Theresa May and had a mass cross party support
What do the lords do to legislation instead of legitimatising it?
Scrutinise it, offer their opinion, ask the government and commons to rethink and perhaps amend proposals to improve them
How long can the lords delay a piece of legislation for?
1 year
What is the lords effectively saying when they delay legislation?
Although we do not have the power to stop you we have serious reservation about this legislation and think you should reconsider
List the 4 main examples of when the lords has delayed legislation for a year but the commons passed it anyway
- The War Powers Act 1991 - allowed the UK to prosecute war criminals for crimes committed outside of the UK
- The European Parliamentary Elections Act 1999 - established a new closed list system for elections to the European parliament
- Sexual Offences Amendment Act 2000 - lowered the age of consent for gay men to 16
- The Hunting Act 2004 - banned fox hunting with packs of hounds
Define bill
A proposal for a new law, or a change to a current law, that has not yet completed the parliamentary process
Define bill
A proposal for a new law, or a change to a current law, that has not yet completed the parliamentary process
What happens to a bill when it has completed the legislative process?
It is placed on the statute books as an act of parliament
Where does the government set out its legislative programme?
In the queens speech at the start of a parliamentary session
