Functions of parliament Flashcards

1
Q

List the five most important functions of parliament

A
  • Legislation
  • Scrutiny and accountability
  • Debate
  • Recruitment of ministers
  • Representation
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2
Q

What is the main function of parliament?

A

Making, amending and passing laws (legislating)

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3
Q

What does legislating through parliament do to executive made law?

A

Gives it democratic legitimacy by providing the indirect consent of the people

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4
Q

Why is legislating through parliament the most practical means of providing democratic legitimacy?

A

People cannot be continually assembled and referendums cannot be held for every decision

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5
Q

Why is the process of legitimising government laws mostly held by the commons?

A
  • 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
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6
Q

What must the commons approve every spring and summer?

A

They give formal approval to the chancellor’s budget. The lords have not been able to do this since the 1911 parliament act

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7
Q

What is private members legislation?

A

When backbenchers, rather than the government, have a chance to introduce legislation

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8
Q

What are the three ways private members bills can be introduced?

A
  • 10 minute rule
  • ballot
  • presentation
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9
Q

Explain the idea of the ballot

A

Names of backbench MPs are randomly drawn on the second thursday of a parliamentary session and are allocated time to have their bill discussed

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10
Q

Why is the ballot the strongest way of introducing private members legislation?

A

Because the bill can be introduced with full opportunity for debate and discussion within the allocated time

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11
Q

Explain the idea of a 10 minute rule bill

A

This is where an MP is allowed to make a 10 minute speech introducing the issue for consideration

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12
Q

Why is private members legislation introduced through the 10 minute rule unlikely to succeed?

A

Because time is so limited, it is often used to make a political point rather than as a serious attempt to introduce the bill

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13
Q

How can a private members bill be introduced through presentation?

A

This is where the bill is formally ‘presented’ to the house with no discussion or comment

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14
Q

Why is introducing a private members bill through presentation unlikely to succeed?

A

The government will have many opportunities to thwart the bill

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15
Q

How many PMBs became statute law in the 2017-2019 parliament?

A

15

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16
Q

Give two examples of successful PMBs during the 2017-2019 parliament?

A

EU Act 2019 - Yvette Cooper (Labour)
Holocaust Act 2019 - Theresa Villiers (Conservative)

17
Q

Why was the 2003 Sexual Offences Act limited?

A

It was passed before the widespread use of mobile phones and so did not account for things like upskirting

18
Q

What was the only way to prosecute upskirting?

A

Under the common law tradition of outraging the public decency

19
Q

What did the voyeurism act look to do?

A

Ban the practise of upskirting with the intent of causing distress or alarm to the victim

20
Q

Who introduced the voyeurism act?

A

Lib Dem MP Wera Hobhouse, after an online petition gained 58,000 signarures

21
Q

How did Theresa May give the voyeurism act a boost in its early stages?

A

She announced that it would have government support

22
Q

Why did the voyeurism act fail to be passed on backbench business days?

A

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

23
Q

Why was the voyeurism act eventually able to pass in 2019?

A

Because it was given government time by Theresa May and had a mass cross party support

24
Q

What do the lords do to legislation instead of legitimatising it?

A

Scrutinise it, offer their opinion, ask the government and commons to rethink and perhaps amend proposals to improve them

25
Q

How long can the lords delay a piece of legislation for?

A

1 year

26
Q

What is the lords effectively saying when they delay legislation?

A

Although we do not have the power to stop you we have serious reservation about this legislation and think you should reconsider

27
Q

List the 4 main examples of when the lords has delayed legislation for a year but the commons passed it anyway

A
  • 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
28
Q

Define bill

A

A proposal for a new law, or a change to a current law, that has not yet completed the parliamentary process

28
Q

Define bill

A

A proposal for a new law, or a change to a current law, that has not yet completed the parliamentary process

29
Q

What happens to a bill when it has completed the legislative process?

A

It is placed on the statute books as an act of parliament

30
Q

Where does the government set out its legislative programme?

A

In the queens speech at the start of a parliamentary session