Parliament Flashcards
what are the exclusive powers of the commons?
- they can hold a vote of no confidence and bring down govt (1979)
- the commons can insist on legislation and veto bills - if it doesnt get through the commons, it will not become law
- if a bill reflects a manifesto pledge by the govt, then the HOL cannot block it (salisbury doctrine)
- if a bill concerns finances then the HOL cannot amend it meaning the HOC has complete power over taxation and public spending - Welfare Reform Bill (2012) and sometimes bills which arent fully financial (counter terrorism and identity cards
- Secondary legislation - changes to previous acts of parliament - sole job of commons although in 2015, the HOL made amendments to tax credit regulations - this led to strathclyde review which meant HOC could override any HOL changes
what are the main powers of the House of Lords?
- the 1911 and 1949 parliament acts have reduced the Lords’ powers to only being able to block a bill for 1 year and removed their ability to delay money bills
- salisbury convention says that the HOL would not oppose any bill that was in the parties’ manifesto
- the HOL can propose amendments which the govt may accept
- the HOL can force a general election if one isnt called at the end of the 5 year term
an argument saying that the Lords should have more power?
various election results have questioned the legitimacy of governments and it is argued the Lords should act as a check, especially because the Commons’ ability is limited by party politics - 2005, Labour won just 35% of the popular vote (Lords challenged the bringing in of identity cards even though Labour pledged to introduce them)
is the Lords becoming more important?
- since the 1999 act, the lords has greater legitimacy with the removal of most of the hereditary peers
- the Lords has therefore been more active in challenging government - even though they cant veto a bill, they can delay - fox hunting with dogs in 2004 had 700 hours of deliberating
- under the conservative govt 1979-97, there were on average only 13 defeats of the government in the lords, whilst labour 1997-2010 suffered on average 40 a year
what is a public bill?
a bill which is brought forward by the govt. makes up the bulk of legislation that passes in parliament
what is a private bill?
an organisation (e.g., company or local authority) can petition parliament to change the law on something that affects them e.g., 2013 london local authorities and the Transport for London Act
what is a hybrid bill?
-mixture of a private and public bill and has an impact on a specific group of the public e.g., HS2 bills
what is a private members bill?
-introduced by backbench MPs which affect the whole population. there have been some very significant ones e.g., abolition of death penalty 1965, HOL reform act 2014
what is a ballot bill?
20 MPs are drawn out of a ballot and have time allocated on one of the 13 fridays in the parliamentary session to propose a bill. although, these are often filibusted
what is a Ten Minute Rule Bill?
10 mins to introduce a bill - tends to just raise awareness although some do become law e.g., Divorce Act 2002
name all the types of Bills
- Private Bill
- Public Bill
- Hybrid Bill
- Private member Bill
- 10 minute rule Bill
- Ballot Bill
what are the stages of a bill going to law?
- first reading - normally in the commons - formal presentation of the title of the bill to the house by a minister - no debate yet
- second reading - debate on the principle of the bill - minister explains and justifies - the shadow minister and backbenchers respond and ask questions. a vote will be taken and almost all bills will pass the second reading
- committee stage - bill goes to a public bill committee who read bill and ask for clarification and propose amendments (scrutiny) - highly significant bills (finance) are scrutinised by the committee of the whole house
- report stage - amendments suggested in committee are considered by the whole house - further amendments can be proposed and are voted on
- third reading - debate and vote on amended bill
what happens if the bill passes the third reading?
- house of lords stage - goes through the stages that it went through in the commons - Lords can propose amendments and then the commons can vote on whether to accept them - ‘parliamentary ping-pong’ lasts up to one year
- final stage is royal assent which would cause a constitutional crisis if not given
what are the interactions between the HOL and the HOC during the legislative process?
- the lords can initiate bills but this is rare
- the lords cannot delay or initiate finance bills
- the Salisbury Convention says that the HOL should not block any bill on the govts manifesto - although this has been challenged when the legitimacy of the govt is questioned e.g., identity cards 2005 35% labour
- the lords can make amendments to a bill but these can be rejected in the commons
- the lords can delay a bill for up to 1 year
what is secondary legislation?
- acts of parliament are primary legislation
- secondary legislation is law made by ministers, who issue statutory instruments (about 3500 a year)
- these are scrutinised by the statutory instruments committee
- Secondary legislation is effectively amendments to already made bills and is used in many areas including tax, education, health and immigration
