Functions of Parliament Flashcards
What are the most significant functions of parliament? (LSDRR)
Legislation Scrutiny Debate Recruitment of ministers Representation
What indicates that parliament’s main function is making law?
It is the legislative branch, or legislature, of a political system
What is a bill?
A draft legislative proposal that is debated in parliament
What does a bill become when it has completed the legislated process and enters law?
An Act of Parliament
What are the most significant bills?
Public bills
What is a public bill?
A bill concerning a general issue of public policy, introduced by a government minister.
How many public bills are generally introduced every session?
Between 25 and 35
Where is the government’s legislative programme set out?
In the Queen’s Speech at the beginning of a parliamentary session
What is a green paper?
A government document that sets out various options for legislation and invited comment
What is a white paper?
A government document that explains the objectives of government policy
Who are draft bills scrutinised by?
MPs, Select committees or joint committees
What are the main stages in the legislative process for a bill (except a money bill) introduced in the House of Commons?
First stage Second reading Committees stage Report stage Third reading House of Lords stages
First Stage
Formal presentation of the title of the bill on the floor of the house, no debate or vote yet.
Second Reading
Main debate on principle of bill, if bill is contested a vote is taken, government defeats at this stage are rare.
Committee Stage
Sent to public bill committee where each clause is scrutinised and amendments can be made.
Report Stage
Amendments made in committee considered by full House of Commons, can accept, reject or alter them, MPs not on the public bill committee now have the chance to make table amendments.
Third Reading
Debate on the amended bill on floor of the house, no further amendments allowed.
House of Lords stages
Bill sent to House of Lords, stages repeated, if amendments made Commons can agree, reject or amend them further, bill can go back and forth between two houses ‘parliamentary ping-pong’, if agreement can’t be reached then government has to decide whether to accept changed made by Lords, drop the bill or invoke the Parliament Act
When did parliamentary ping-pong occur?
Between 2010 and 2012, Commons overturned series of Lords’ amendments on legal aid and welfare
When was a bill defeated in the second reading stage?
1986 when the Sunday Trading Bill was defeated by 14 votes despite a government majority of 140
What is a private members’ bill?
A bill initiated by a backbench MP
What are the 3 routes a private members’ bill can take?
Ballot
Ten Minute Rule Bill
Presentation
What is Secondary legislation?
A law made by ministers who have been granted this authority by an Act of Parliament, rather than made by parliament.
What are Philip Norton’s 3 classes of legislatures?
Policy-making legislatures
Policy-influencing legislatures
Legislatures with little or no policy influences
What are policy-making legislatures?
These amend or reject legislative proposals made by the executive, and can put forward alternative bills
What are policy-influencing legislatures?
These can modify or reject legislative proposals from the executive but are unable to develop extensive legislative proposals of their own
What are legislatures with little or no policy influence?
These are unable to modify or veto legislative proposals from the executive, and cannot formulate meaningful alternative policy proposals of their own
What type of legislature is the UK parliament?
A policy-influencing legislature
Why is the UK parliament a policy-influencing legislature?
Law making occurs through not by parliament
It only has modest influence over policy and reacts to government proposals rather than taking the lead in formulating policy.
Parliament can vote against government bills and pass amendments.
Why is parliament’s effectiveness in making and scrutinising law limited?
Because of the dominance of the executive
What evidence is there that the dominance of the executive limits parliament’s effectiveness in making and scrutinising law?
Government bills - most bills originate from the government, private members’ bills have little chance of success without government backing.
Parliamentary timetable - executive controls most of legislative timetable + can use ‘guillotine motions’ to cut the time available for debate and scrutiny.
The ‘payroll vote’ - ministers + parliamentary private secretaries are required to support the government or resign. Over 40% MPs from governing party on this ‘payroll vote’.
Party discipline - whip system ensures government proposals are rarely defeated + that amendments to them are acceptable.
What is parliamentary scrutiny?
Role of parliament in examining the policies and work of the executive, and holding it to account
What ways is the executive scrutinised in the House of Commons?
Parliamentary Questions (Ministerial and Prime Minister’s Questions)
The Opposition
Select Committees
What is a Select Committee?
A committee responsible for scrutinising the work of a government, notably of a particularly government department
What is the overall aim of select committees?
To hold the government accountable for policy and decision making, and support parliament in scrutinising legislation and government spending.
What are the 10 core tasks for departmental select committees?
Strategy Policy Expenditure + Performance Draft Bills Bills + Delegated Legislation Post-legislative Scrutiny European Scrutiny Appointments Support for the House Public Engagement
Select Committees tasks: Strategy
Examine the strategy of the government department, including its key objectives and priorities
Select Committees tasks: Policy
Examine policy and make proposals
Select Committees tasks: Expenditure and Performance
Examine departmental spending and delivery
Select Committees tasks: Bills and Delegated Legislation
Help the Commons to consider bills and legislation
Select Committees tasks: Post-legislative Scrutiny
Examine the implementation of legislation
Select Committees tasks: European Scrutiny
Scrutinise EU policy developments and legislative proposals
Select Committees tasks: Appointments
Consider departmental appointments and hold pre-appointment hearings, if necessary
Select Committees tasks: Support for the House
Produce reports for debate in the Commons
Select Committees tasks: Public engagement
Help the Commons make their work accessible to the public
When were departmental select committees created and why?
1979 to scrutinise the policy, administration and expenditure of government departments
How many departmental select committees were there in 2016?
21
Since 2010, how are chairs of select committees decided upon?
They are elected by MPs in a secret ballot using AVS
What do successful committee candidates often have?
A reputation for independence or particular expertise
What is an example of the chair of a select committee having expertise?
The Health Select Committee has been chaired by former secretary of state for health Stephen Dorrell and former GP Sarah Wollaston.
Since 2010, how are select committee members decided upon?
Elected by a secret ballot within party groups
Prior to 2010 how were select committee members decided upon?
Appointed by party whips
What is the composition of select committee members?
Parties are represented proportional to their representation in the House of Commons
Give an example of someone being called before a select committee
Mike Ashley was called before the Business, Innovation and Skills Select Committee for Sports Direct working conditions
Give an example of a recent high-profile select committee inquiry
Culture, Media and Sport Select Committee inquiry (2009-10) into press standards and privacy was critical of the conduct of the press regarding the News of the World phone-hacking scandal that led to the Leveson Inquiry
Are select committees effective in scrutinising the executive? Arguments FOR
Scrutinise the policies + actions of government, conducting detailed examinations of controversial issues.
Question ministers, civil servants + outside experts + can request access to government papers.
Many select committee recommendations are accepted by the government.
Election of chairs + members by MPs has enhanced the independence of select committees.
Are select committees effective in scrutinising the executive? Arguments AGAINST
A government with a majority in the Commons will also have a majority in committees.
Minister and civil servants may not provide much information when questioned, and access to documents may be denied.
Have no power to propose policy - governments can ignore their recommendations.
Some members do not attend regularly; some may be overly abrasive when questioning witnesses.
How many emergency debates were held in the 2015-2016?
4 including one on the European refugee crisis and one on the UK steel industry
What is an issue with debates?
They can be poorly attended
What is the Backbench Business Committee (BBBC) and when was it created?
Created in 2010
Has given MP’s greater opportunity to shape the parliamentary agenda.
What does the BBBC do?
It decides the topic for debate on the floor of the Commons and in Westminster Hall for roughly 1 day per week.
Has the BBBC been a success? Arguments FOR
Has given backbench MPs greater say over parliamentary timetable.
Has enabled debate on, and raised profile of, issues that would otherwise not have been discussed in depth in parliament - including EU referendum.
Debates initiated by BBBC have influenced government policy, including those on reducing fuel and beer duty.
Was a successful vehicle for public engagement with parliament, allocating time for debates for topics with 100,000 signatures in an e-petition
has the BBBC been a success? Arguments AGAINST
Government doesn’t have to respond to, or accept, motions passed after debates scheduled by the BBBC.
Government allocates time for BBBC debates at short notice and in an ad hoc way.
Government ignored criticism from the BBBC and forced through changes which give party groups greater say in the election of BBBC members.
Smaller parties are under-represented: 7 members are Conservative or Labour MPs, the others are SNP
Why has parliament’s effectiveness in the recruitment and development of future government ministers become questionable?
COMMUNICATION SKILLS - Being an effective communicator is key for career prospects on an MP but TV rather than parliament is now the key arena in which MPs display their communication skills.
EXPERIENCE - Government needs people with managerial, leadership and organisational skills. Around 1 in 5 MPs worked in politics before parliament.
CONFORMITY - Loyal MPs have better prospects of ministerial office than rebels. However, some MPs may not aspire to ministerial office and the strengthening of select committees offers an alternative career route.
What is a delegate?
Given clear instructions on how to act on behalf of the people they represent.
Must follow these instructions in full and not adapt them based on their judgement.
Must not vote on basis of their personal views.
Who proposed the trustee model?
Burke
What is a trustee?
Should take account of the interests and values of the group they represent but are not bound by strict instructions from them.
Free to exercise their own judgement on issues and vote accordingly and according to their conscience.
What is constituency representation?
MPs are expected to protect and advance the collective interests of the constituency they represent and to represent the interests of individual constituents.
What is party representation?
Most successful general election candidates are elected for the party they represent.
Have to get the right balance of representing the views of local party members who selected them and of voters who elected them.
What is descriptive representation?
Occurs when a legislature mirrors the society it represents.
How many female MPs are there as of 2017?
208
What percentage of the Commons are women compared to the UK population?
32% of Commons compared to 51% of the UK population
Why does Labour tend to have a higher proportion of female MPs?
They use all female shortlists as of 1997
How many BAME MPs are there as of the 2017 general election?
Rose from 41 to 52
Only 8% of the house compared to 15% of the population
What age range are most MPs in?
35 - 55 (younger and older people are under-represented)
Who was the youngest MP to be elected since 1832 and at what age?
SNP’s Mhairi Black, 20 years old when elected in 2015
In 2017 how many elected MPs identified as LGBT?
45 (highest number in the world)
In 2017 what percentage of MPs elected went to a fee-paying school compared to the percentage of voters?
29% of MPs compared to 7% of votes
MPs who worked in business are more likely to be from what party?
Conservatives
MPs who worked in the public sector (e.g. teachers) are more likely to be from what party?
Labour
