Parliament Flashcards

1
Q

Legislature

A

The body that has the power to make, revoke and change laws. Has the role of scrutinising the executive and holding them to account

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2
Q

Executive

A

The body that runs the country and proposes laws to the legislature

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3
Q

Judiciary

A

The body that interprets and applied the law. It does this to uphold the rule of law in society

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4
Q

What is confidence and supply?

A

In the event of a minority government, the government can rely on a limited agreement with another party to keep itself in office

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5
Q

The HoC can veto legislation

A

The HoL can only delay legislation for a year (Parliament Act 1949)

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6
Q

The HoC can amend legislation

A

The HoL can amend legislation, but needs Commons approval (ping-pong)

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7
Q

The HoC can reject any legislation, even manifesto pledges

A

Salisbury Convention - The HoL does not vote against manifesto pledges. Not the case for coalition govt

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8
Q

The HoC approves govt budget

A

The HoL has no jurisdiction over financial matters

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9
Q

The HoC can dismiss a govt under extreme circumstances with a vote of no confidence

A

The HoL has no power to dismiss a government

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10
Q

Factors that determine the HoL as more effective than the HoC?

A
  • Party Discipline
  • Legislation
  • Scrutiny
  • Expertise
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11
Q

Party discipline in the HoL?

A
  • Weaker in the Lords, more independent
  • More freedom for peers to debate and express views
  • Defeated the coalition government 48 times between 2010 and 2012, while the Commons did not defeat the executive on any proposed legislation
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12
Q

Scrutiny in the HoL?

HoL more effective than HoC

A

Spend most of the time scrutinising legislation, unlike MPs in commons. Between 2010 and 2015 the Lords voted against reforms to constituency boundaries, NHS, HoL, AV referendum and caps on welfare payments

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13
Q

Legislation in the HoL?

Lords more effective than HoC

A

Govt has lost some legislation to the Lords e.g. Tax credits, Welfare reform. Lords defeated the govt in 2013 over its plans to cut legal aid

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14
Q

Expertise in the HoL?

HoL more effective than HoC

A

Lords more effective in its scrutinising role for checking the govt than the Commons. Many appointed due to their expertise e.g Lord Walton, former President of the BMA

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15
Q

Factors that determine the HoC is more effective than the HoL

A
  • Parliament Acts 1911 and 1949
  • Committees
  • Salisbury Convention
  • Scrutiny
  • Legitimacy and representation of constituents
  • Media
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16
Q

Parliament Acts 1911 and 1949 (HoC)

A

Made Lords less powerful than Commons. Preventing them from rejecting legislation and only allowing them to delay for a year. E.g. Lords forced a delay in the Hunting Act 2004

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17
Q

Committees (HoC)

HoC more effective than HoL

A

The Commons selects committees have grown in influence and authority, more effective in scrutinising government departments e.g.Health Committee brought about changes to the coalition’s Health and Social Care Bill

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18
Q

Scrutiny (HoC)

A

Lords less effective in scrutinising the government. PM’s Questions and ministerial question time only happen in the commons. Allows the Commons to directly scrutinise the government

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19
Q

Impact of the Media (HoC)

HoC more effective than HoL

A

Media still concentrates more on the Commons and it’s role in making government accountable

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20
Q

Salisbury Convention (HoC)

A

Convention means that the Lords does not try to vote down a government bill mentioned in an election manifesto

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21
Q

Legitimacy and representation of constituents (HoC)

HoC more effective than HoL

A

Lords is unelected, so lack a mandate

22
Q

A bill can go back and forth between the two Houses for up to a year before it becomes law. What is this also known as?

A

‘Ping-pong’

23
Q

The Lords can … to the commons

A

Propose amendments

24
Q

Methods of Parliamentary Scrutiny

A
  • Questioning
  • Select Committees
  • Legislative Committees
  • Activities of the opposition
25
Q

Pros and Cons of Questioning. (Parliamentary scrutiny)

A

✅Parliament requires that ministers, including the PM, answer questions by backbenchers in the Commons
✅Opportunity to regularly question the PM is significant, and quite unique. E.g. 2017 Jeremy Corbyn used PMQs to effectively overturn premium-rate number used to call Universal Credit
✅The Speaker can raise ‘urgent questions’ which allow the Commons to demand the attendance of the relevant minister so they can answer questions and face criticism
❌Too many questions are from ‘friendly’ government backbenchers
❌PMQs is political theatre rather than proper scrutiny. Speaker has to often intervene and address behaviour
❌PMQs has become and exercise for point scoring. ‘Punch and Judy’ politics MPs jeering and shouting in a childish manner e.g. PMQs every Wednesday. Brexit.

26
Q

What are Select Committees? (Parliamentary scrutiny)

A

Allow for the scrutiny of government departments. Due to Wright Report, executive no longer controls membership and now can act independently and scrutinise effectively

27
Q

Pros and Cons of Select Committees (Parliamentary scrutiny)

A

✅Have been successful e.g. PAC 2013 held Amazon, Starbucks and Google to account for the limited tax they pay in the UK
✅Committee members tend to be independently minded, so feel freer to be critical e.g. The Public Accounts Committe - investigates how all gov departments use taxpayers’ money.
✅Select Committee reports receive a lot of publicity, especially when they are critical
❌They often review problems after they have occurred and criticise the government for this e.g. Transport Committee 2009 Boris Johnson walked out when being questioned about impact of heavy snow on public transport
❌The government is not obliged to act upon the recommendations of select committees e.g. gov accused of ignoring select committee recommendations in final Heathrow expansion policy
❌Ministers have a huge amount of support, whereas MPs have very little research support

28
Q

Pros and Cons of Legislative Committees

A

✅Public bill committees were strengthened in 2007, improving the scrutiny of legislation
❌Amendments that are contrary to a majority government’s wishes are rarely accepted
❌Far less independent than select committees as their membership is still dominated by party whips

29
Q

Others form of Scrutiny

A

-Debating

30
Q

Parliamentary privilege

A

Refers to the fact that, within the walls of Parliament, MPs are free to speak without the fear of prosecution for slander

31
Q

Impact of Backbench Business Committee?

A

The roles of backbenchers has now increased as they are now able to choose topics for debate 35 days a year

32
Q

Limits to backbenchers powers?

A
  • Whips
  • Resources
  • Majority
33
Q

Whips?

A

To encourage backbenchers to vote with their party

34
Q

Resources? Limitation to backbenchers

A

Compared to the government, backbenchers have relatively few resources to rely on

35
Q

Majority? Limitation for backbenchers

A

A government with a large Commons majority means a lot of MPs are needed to make governments pay attention to them. Backbenchers accept govt legislative programme and go along with it even if they disagree

36
Q

Why the HoL SHOULD be reformed?

A

✅Full or partial election would raise the legitimacy of the second chamber
✅An elected chamber would be a more effective check on the executive, since the Salisbury Convention would not exist
✅Reducing the size of this chamber would make it more effective

37
Q

Why the HoL SHOULD’NT be reformed?

A

❌If elected, might challenge the authority of the Commons
❌Since 1999 the Lords has proved to be a useful check on the executive - dominated commons
❌The current chamber works well. Active chamber, sits for longer, meets more frequently than any other

38
Q

Stages of a bill. Explain the process through the house of COMMONS

A

1) First reading (Bill introduced)
2) Second reading and vote (Full debate and vote)
3) Committee stage (Scrutinised by public bill committee, changes proposed and voted on
4) Report stage and third reading (Amendments, debate and vote on final bill)

39
Q

Stages of a bill. Explain the process through the house of LORDS

A

1) First reading (Bill is introduced)
2) Second reading (Full debate and vote)
3) Committee stage (Scrutinised by public bill committee, changes proposed and voted on)
4) Report stage and third reading (Amendments, debate and vote on final bill)

40
Q

If changes ARE made to the bill, explain the process

A

1) If changes are made from the House of Lords > House of commons > changes accepted > Royal Assent
2) If changes are made from the House of Lords > House of commons > changes rejected > House of Lords > Decision accepted > Royal Assent
3) If changes are made from the House of Lords > House of commons > changes rejected > House of Lords > Decision rejected > House of Commons (ping pong)

41
Q

If NO changes are made to the bill, explain the process

A

Straight to Royal Assent for Bill to be signed by monarch and become law

42
Q

The Commons can … or … back to the Lords

A

1) Accept amendments

2) Send them

43
Q

The Lords can … the Commons’ will, or…

A

1) Accept

2) Send the bill back

44
Q

Give examples of ways the opposition can still influence the popularity and power of a government in certain circumstances?
(Tony Blair on Major government)

A

For example: The Blair opposition (1994-1997) was very effective in highlighting weakness in the Major government as well as presenting itself as a good alternative government

45
Q

Give an example of when the PM has became reluctant to initiate military action without Parliament. In recent years Parliament has been given a chance to debate the matter.

A
  • 2013 Cameron wanted to order military action in Syria. Instead of giving the order, Parliament was given a chance to debate it - defeated, was voted down
  • 2014 and 2015 debates over air strikes on Syria were both successful
46
Q

How did Blair suffer his first even defeat in the Commons, what was it about 2005?

A

Backbench MPs defeated Blair’s plans to extend the detention of terrorist suspects to 90 days. Was defeated in the Commons

47
Q

When has the Lords defeated the Commons during PM Johnson?

A

The government has suffered a series of defeats in the House of Lords over its plans to clamp down on disruptive and noisy protesters.

48
Q

How many times was May’s government defeated in the Lords on the EU withdrawal Bill?

A

14 times

49
Q

Example of a recent urgent question by a backbencher?

A

N.o.10 partygate revelations January 2022

50
Q

Backbench rebellions?

A

Tory MPs rebelled 35% of divisions 2010-2015

Labour MPs rebelled 29% of divisions 2010-2015