parl structure Flashcards
benefits of having 2 chambers
- represents different interests, states in federal system
- greater scrutiny and revision for legislation (rwanda bill, HoL)
- upper house has checks and balances
who sits where in the Hoc
- governing party on the right and opposition on the left
- shadow mins and ministers are front benchers
- non mins mps are backbenchers
what is it like being an MP
- 2023: £86,584
- parl priveledge: legal immunity, right to free speech (no fear of prosecution)
- parl expenses also paid, running office, employing staff, accommodation, travel
- each house has the right to regulate its own internal affairs without interference from outside bodies (courts)
- expected to be totally loyal in the chamber if your party is in gov
- no induction into how to be a ‘good’ mp, cannot effectively scrutinise or make effective change as they are not taught how
what are mps not allowed to do
- address another MP by name only by title
- speak until called by the speaker by bobbing
- cannot clap to show approval in the HoC
erskine may and mp behaviour rules
- cannot call others liars or hypocrites
- mp is called to apologise for foul language to others or will be ejected
mp behaviour in the HoC
- PMQ heckling, roaring, screeching, bellowing etc
- either wrong foot a speaker on the opposition or one liners shouted in short silences
- practiced hecklers: michael dugher, labour
- tory have heckling squads –> departmental support groups
- dennis skinner: called C members crooks and apologied by reversing the statement, called david C as dodgy dave
public opinion of PMQ
22 feb 17
- 2% watched it to the end
- less than 1/3 said they had watched ones before but not thsi one
- 54% said they had never watched it
- 77% said there was too much ‘party political point scoring instead of answering the question’
- 23% said it put them off politics
arguments for and against changing the structure of the HoC
FOR
- adversarial chamber that damages our politics
- encourages less confrontational debates if semi circle
- reduces the tribalism which puts the public off
AGAINST
- shape cannot change culture and personality –> this is the issue
- creates clear divisions against parties
- debate and disagreement makes sharp policy
what do whips do
- ensuring mps attend parliament divisions and approving absence when their role is not needed
- instructing how mps should vote, debate with votes are underlined –> ‘3 line whip’, strict instruction to vote according to party line or face disciplinary action, most important divisions
- alistair campbell: chief w of L of Hoc
- lord kennedy of southwark: chief w of L and HoL
- simon hart: C and HoC
- baroness williams of trafford C and HoL
what does the speaker do
- presides over debates and maintains order
- cant temp suspend rule breakers
- elected by mps by secret ballot, no party affiliation, vote is for tie breaker and debate
- stand down at GE but usually re-elected
john bercow as a speaker (significance)
- allowed multiple urgent questions a day, MPs talked of major issues, rather than to be appearing to ignore them
- significance: increased scrutiny of gov by backbenchers, allowed for different party views to be expressed and elected MPs could express the opinions of people in parl
- allowed parl expression to a major current of public opinion
- annoying, bullying allegations, attempted secret vote to get him removed
- allowed emergency motions to be more than a bland formulation
- procedural rulings: commons maj = real authority over events making mps unhappy
- partisan: bias and party alliance, allows pregnant and new mother mps to cast proxy votes
lindsay hoyle as a speaker
- elected by AV
- hoyle is experienced, impartial on brexit and can handle a crisis
- equality and reputation –> tolerance
- difficult to depart from conventions, not as willing as bercow
life peers in the HoL and significance
- 695 in nov 2016
- life peerages act 1958: appoint members to the upper house for life, no inheritance
- PM: recommends individuals for appointments
- life peerages act 1958 and HoL act 1999, diversity and professionalism –> former mps, business people, educations and arts sector all have lords
- having diff professionals allows for expertise to review gov policy
hereditary peers in HoL and significance
- 92 –> HoL act 1999, elected
- 75 elected by ballots of hereditary peers from their party and crossbench groups
- peerages act 1963: H peers can renounce titles and memberships of the Lords
- why is this bad: unelected representatives, PMs can influence who is appointed (michelle moan and ppe)
how is lords reform effective or not effective
- increased equality, removal of unelected peers
- increased diversity and professionalism
- having different professionals have different people review policies of gov
- independent HoL appointment, commission, unbiased
BUT
- pm can influence who is appointed, blair 2006-7, michelle m and johnson
- unelected house
what are the 5 functions of parl
- legislation
- debate
- scrutiny and accountability
- recruiting minsters
- representation
what is scrutiny and accountability
- parliament examines the policies and work of the executive to hold it to account
- ensures gov is accountable by requiring ministers to explain and justify their actions
parliamentry questions are effective scrutiny
- allows opposition leader, leader of third party and backbenchers to scrutinise PM
- designated opportunity for all MPS to question the executive
- weekly: constant scrutiny over a period of time
- gov are forced to justify their actions in a public form
parliamentary questions are not effective scrutiny
- govt backbenchers are usually given questions by whips to flatter rather than probe
- speaker bercow: fails to effectively reduce in chamber –> leads to parl theatre not effective S, questions not answered directly, one-liners etc
- leader of opposition tries to influence shape of agenda + highlight gov failures
- gov drive agenda, not opposition, 4/5 times a year
- no follow up Q for mps
- backbenchers can be ignored if not seen to fit the gov agenda
why is the oppositon effective scrutiny
- appears as an alternative gov in waiting, needs to develop its own policies and may support government measures
- can force policy retreats when gov has a small maj
- 20 opposition days a year, advance agenda or expose government failure
- opposition leader, 6 questions at PMQ for further scrutiny of the PM
why is the opposition not effective scrutiny
- has limited opportunities to set agenda in parliament
- opposition is divided and in a minority as they just lost a GE, weak opposition
- 17/20 for main opposition, other parties have little question time between them
what are select committees
why are select committees effective scrutiny
- select C scrutinise policies and actions of gov, conduct detailed examinations of controversial issues
- question ministers and can request access to gov papers
- many select C recommendations are accepted by gov
- election of chairs and members by mps has enhanced the independence of SC
why are select committees not effective scrutiny
- a gov with a maj in HoC will have a maj in committees
- mins and civil servants: may not give enough into and can deny documents
- no power to propose policy: gov can ignore recs made by SC
- some do not attend reg: overly abrasive when questioning witnesses
when were select committees introduced and what do they focus on
- introduced in 1980
- focus on the work of specific government departments or agencies
what different roles can a select committee be tasked with
- pre legislative scrutiny –> gathering information before the drafting of new leg or while a bill is in its early draft stage (environmental, food and rural affairs committee on draft animal welfare bill (2017)
- post legislative scrutiny –> evaluating the impact and function of a new act of parliament since it has come into law to determine whether it has achieved its intended purpose
- scrutiny of an individual minister, agency or departments performance –> shadowing their work and examining policy issues
how do select committees function
- comprise a min of 11 mps and/or peers who draw evidence from a wide range of sources
- question gov ministers and civil servants and may appoint experts and invite members of the public to give evidence
cross departmental select committees
- public accounts committee –> monitors how money is spent on public services
- environmental audit committee –> role is to check how gov policies comply with sustainability and the protection of environment
why do select committees have a high level of internal democracy
- reflects the party political balance of the house of commons
- the proportion of seats in each committee given to opposition parties will be equal to the proportion of seats they hold in the commons
- elected by MPs across parliament, individual parties select members to sit on each committee
act of parliament
law passed by parliament
bill
proposal for a new law/change to a current law that has yet to complete the parliamentary leg process
green paper
gov document setting out various options for legislation and inviting comment
public bill
bill concerning a general issue of public policy, introduced by a gov minister –> most important type of bill, debated in parliament
white paper
gov doc setting out a detailed proposal for legislation
private bill
sponsored by an organisation (company or local authority) –> group affected by a bill has the right to petition parliament against it
hybrid bill
- combination of public and private
- propose changes to the law which would affect the general public but also certain groups or areas in particular (HS2 railway link)
private members bill
- introduced by backbench MPs or a member of the lords and are unlikely to become law
- in the commons, the names of MPs applying to introduce a private members bill are drawn in a ballot
- mps can make a proposal using a 10 minute rule, in a time limited speech
process of passing a bill
- first reading
- 2nd reading
- committee stage
- report stage
- third reading
- house of lord stages
first reading, bills
- formal presentation of the title of the bill on the floor of the house by a minister from the responsible department
- no debate/vote at this stage
2nd reading, bills
- main debate on bill principle
- gov min explains + justifies bills objectives
- shadow ministers responds, backbenchers contribute to debate
- if bill contested, vote taken, rarely lost by gov at reading stage
committee stage, bills
- detailed scrutiny of each clause takes place and amendments can be made
- new committee formed for each public bill, which is dissolved when bill has completed this stage
- membership (16-50) reflects party strength in the commons and the whips instruct MPs how to vote and public bill committees may take evidence from outside experts
- finance bills and bills of constitutional significance (EU ref) are scrutinised on HoC floor –> committee of the whole house
report stage
- amendments made by committee are considered by the full HoC -> can accept, reject or alter
- mps not on public bill committee now have an opportunity to table amendments
thirs reading
- debate on amended bill on the floor of the house, no further amendments are permitted
hose of lord stages
- bill sent ot HoL where stages are repeated
- amendments in Lords can be agreed, rejected or amended again
- parl ping pong –> bill can go back and forth between the houses
- gov can accept changes, leave bill or invoke parl act
- most public bills must pass all these stages in one session of parl
