Institution of Parliament

Question 1

What’s a backbencher?

Answer 1

MPs who don’t have a ministerial role

Question 2

What’s the function of the Speaker? Is the role governed by law?

Answer 2

The role is governed almost entirely by convention:

• directing an MP to withdraw abusive or denigrating remarks
• suspending the sitting of the House due to serious disorder (very rarely used)
• suspending MPs who are deliberately disobedient (“naming”)
• ordering MPs to be quiet so others can be heard

Question 3

Do MPs have an automatic right to speak during debates?

Answer 3

No - the Speaker must call them to speak - he will consider their interest in the topic, their seniority, time available for the debate and need to respect the right to parliamentary minorities

Question 4

What are the principles the Speaker applies when debating amendments to bills as per their selection?

Answer 4

• need to protect parliamentary minorities
• amendments which are ‘out of order’ i.e. vague, not ready
• time wasting - debating amendments together

Question 5

What are the parliamentary rules called?

Answer 5

The Standing Orders

Question 6

What did the Speaker, John Bercow MP, do in Sep 2019?

Answer 6

He allowed an emergency debate to go ahead re. Brexit extension - controversial

Question 7

What are the three Deputy Speakers?

Answer 7

1. Principle “Chairman of Ways and Means” - elected from either side of HoC
2. First Deputy Chairman of Ways
3. Second Deputy Chairman of Ways
   - both do not resign from their parties but do withdraw from active political role.

Question 8

Leader of the HoC?

Answer 8

Gov minister - responsible for scheduling business (i.e. bills for debate), deputising for PM etc. Works closely with Chief Whips.

Question 9

Whips?

Answer 9

MPs or Lords appointed by each party in Parliament to manage their party’s contribution to parliamentary business. One of the whips’ key responsibilities is making sure the maximum number of their party members participate in voting, in support of their party, and in enforcing party discipline generally. Send out a circular (called ‘The Whip’) to MPs detailing upcoming parliamentary business.

Question 10

What’s a three-line whip?

Answer 10

Important divisions in The Whip - defying a three-line whip is a serious transgression and has sometimes resulted in the whip being “withdrawn” from an MP or Lord - expelled from political party (keeps seat) must sit as independent MP until Whip restored.

Question 11

Prominent figures in HoL?

Answer 11

Lord Speaker
Deputy Lord Speaker
Leader of HoL - minister (and member of cabinet)

Question 12

What are the three main sources that rules of the HoC are derived from?

Answer 12

• ‘ancient usage’ i.e. convention
• Standing Orders passed by the House following a vote
• Rulings of the Speaker

Question 13

What is Erskine May?

Answer 13

Leading source of GUIDANCE on workings of HoC (not rules).

Question 14

Are Parliament’s procedural rules binding? Who is responsible for resolving disputes about parliamentary procedure?

Answer 14

No - but they are respected by all.

The Speaker is - resolving disputes about parliamentary procedure is one of the Speaker’s most important roles.

Question 15

What’s the process for a debate in HoLs?

Answer 15

1 MP or Lord “moves a motion”
2 (Lord) Speaker puts a question to the House in the terms of the motion
3 MPs/Lords take turns to speak on the question
4 MPs/Lords vote by calling out “Aye” or
“No”
5 If there is no clear result, a division is called
– members then have to register their vote by walking into different corridors on either side of respective Chambers - ‘division lobbies’

Question 16

What’s Hansard? And what’s the rule in Pepper v Hart [1991]?

Answer 16

‘Hansard’ is the name given to the transcripts of parliamentary debates, as well as the record of written questions and answers.
Rule is: Clear ministerial statements in Hansard may be referred to in order to construe legislation only if the wording of the legislation is ambiguous, obscure, or its literal meaning is absurd.

Question 17

Two main type of committees?

Answer 17

Select committees - conduct enquiries into matters - perm membership
Legislative committees - scrutinise proposals for legislation

Question 18

What is ‘parliamentary legitimacy’?

Answer 18

Based on the idea that Parliament has received a democratic mandate from the citizens who voted for its members (MPs), and that Parliament is accountable to citizens.

Question 19

Who investigates breaches of the Code of Conduct? And what is the first rule?

Answer 19

Parliamentary Committee on Standards investigates; the first rule is “Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest, and resolve any conflict between the two, at once, and in favour of the public interest”.

Question 20

Can MPs be expelled from the house?

Answer 20

Yes - it’s the most serious form of punishment - but it is generally reserved for serious crimes, fraud, corruption etc. John Stonehouse is the example for this.

Question 21

Can MPs be expelled from their party?

Answer 21

Yes - they can be de-selected - such as Fiona Onasanya. Can also be used as a political tool: 2019; 21 MPs expelled from Conservative - due to voting against government trying to prevent ‘no-deal Brexit’.

Question 22

Who monitors MPs expenses? When and why were they set up?

Answer 22

IPSA - Independent Parliamentary Standards Authority - set up in 2010 after 2009 expenses scandal - of which criminal charges of false accounting were brought against 4 (they were imprisoned). Other MPs made voluntary repayments.

Question 23

Does the Commissioner for Standards investigate ministers’ conduct in their ministerial role?

Answer 23

No - it is their role to provide advice, investigate breaks of the Code of Conduct, review the Code etc.

Question 24

Process for suspected MPs breach of Code of Conduct?

Answer 24

First taken by Commissioner, then to Committee on Standards, then investigates - may agree with Commissioner in part, in full, or not at all. Then report may suffice, or may recommend MP to apologise, be suspended or expelled (serious only).

Question 25

Who often questions the legitimacy of the HoL?

Answer 25

The government - for example in May 2018; HoL passed amendment to EU Withdrawal Bill which allowed Parliament to veto no-deal Brexit vote.

Question 26

Who investigates Lords conduct?

Answer 26

HoL Commissioner for Standards

Question 27

What is Parliamentary Privilege?

Answer 27

Range of freedoms and protections that both Houses require in order to function effectively. Consists of 1. right of each House to control its own proceedings and precincts 2. right of those participating in parliamentary proceedings to speak freely without fear of legal liability.

Question 28

Principle of ‘proceedings in Parliament?’

Answer 28

The courts will not allow any challenge to be made to what is said or done within the walls of Parliament in performance of its legislative functions and protection of established privileges: courts will not allow misuse: in case of R v Chaytor & Ors [2010] expenses claim did not qualify for protection of privilege.

Question 29

Can members of Houses be arrested?

Answer 29

No - freedom from arrest privilege - aside from criminal charges or for criminal contempt of court.

Question 30

Why does Parliament need select committees?

Answer 30

provide Parliament with a way of increasing its capacity to scrutinise the government - there is HoC and HoL select committees. There are also joint committees - from both houses. They are cross-party. They write reports/attract media attention to political issues/encourage ministers to engage

Question 31

What’s a key power of select committees?

Answer 31

They can summon and examine witnesses such as senior employees (remember that civil servants, Ministers MPs and Lord CANNOT be summonsed in this way). If they do not attend willingly they can issue a warrant.

Question 32

Process for getting a bill (primary legislation) through Parliament?

Answer 32

• Proposed by Government
• Proposed by MP (Private Member’s bill)
• Proposed by member of Lords (Private Peer’s bill)

Question 33

If a government has a proposal for a bill it must submit a bid to the Parliamentary Business and Legislation Committee (PBLC); what will they consider when deciding?

Answer 33

• Is legislation needed, or can a similar outcome be achieved without it?
• Does it support the government’s political priorities?
• Has the proposed bill been published in draft form for consultation?
  PBLC will decide whether to start in Commons or Lords ensuring balanced programme. Constitutional matters start in HoC.

Question 34

What are the procedures for secondary legislation (mandated by the primary legislation)?

Answer 34

1. affirmative resolution procedure
   - SIs must be debated and approved by both HoPs
2. negative resolution procedure
   - does not need active approval - will automatically become law unless either House passes motion to reject (usually within 40 days)
   Before being put to Parl., the Joint Committee on Statutory Instruments scrutinises the SIs to ensure clear and within powers of primary.

Question 35

Initial Stages of a Bill?

Answer 35

First Reading - formality no debate
Second Reading - debate on main principles - House will vote
Committee Stage - detailed consideration of Bill - HoC: chamber of Public Bill Committee, HoL: chamber - any peer.

Question 36

Report stage and third reading?

Answer 36

Report stage - both houses in chamber

Third reading: HoC immediately after report, no amendments. HoL, later, amendments tabled.

Question 37

What is the ‘ping pong’?

Answer 37

Bill bouncing back between Houses - i.e. if bill amended in second House, it has to go back to first House who can reject amendments etc.

Question 38

What is Royal Assent?

Answer 38

Queen’s agreement to give assent to bill. By convention does not refuse, but legally entitled to. Not given in person since 1854. Once given, announcement in both houses. Commencement of legislation depends on what’s noted in legislation, etc.

Question 39

What are PMBs?

Answer 39

Private Members Bills. Introduced by MPs and Lords who are not government ministers. Through same stages but given less time so less likely to succeed. In Commons, PMBs given precedence on 13 Fridays in each Parliamentary session.

Question 40

Is it possible for a public bill to be sent for Royal Assent without HoL approval?

Answer 40

Yes - Parliament Acts 1911 and 1949 procedure. If HoL don’t consent for 1 year. Derived from breakdown of convention that HoL not supposed to block financial legislation. Followed from Lloyd George radical budget 1909.

Question 41

When was the last use of the Parliament Act procedure?

Answer 41

2004 - Hunting Act - R (Jackson) v Attorney-General (2005).