Parliament

Question 1

Legislative branch

Answer 1

Made up of the monarch, House of Commons and the House of Lords. The legislature is the law making body in the country.
In the uk this is a bicameral system (2 Chambers).
The 1911 and 1949 parliament acts reduced powers of the Kurds and increased the commons power.
The monarchs power has been limited by the Magna Carta, bill of rights and the act of settlement
Power of the legislative changes.
Number of MPs in parliament is 650.

Question 2

Features of UK legislature

Answer 2

Bicameral - two chamber system (HoC and HoL). The two chambers scrutinise each other and it could lead to gridlock.
Executive and legislative branches fused - PM sits in the legislature and is usually head of the largest party. 100 MPs also sit in the executive.
Legislative can dismiss the executive - parliament can remove a PM by a vote of no confidence. 1979 James Callaghan’s minority labour government.
Parliamentary elections decide the government - FPTP decides the government and the system usually achieves a majority government. But in the US they have presidential and congressional elections.

Question 3

Constraints of parliamentary power

Answer 3

Increased power of the executive - if the PM has a large majority they can pass what legislation they want.
Judiciary can interpret and call legislature to account - 27 declarations of incompatibility between 2011-13.
Pressure groups and the media can try to reserve legislation or change it.

Question 4

Roles and functions of parliament

Answer 4

HoC - bills presented to the commons by the government, the house debates bills and can suggest amendments. They have the right to approve or reject a bill.
HoL - lords also debates bills and suggests amendments to the commons. They can delay legislation but this is rare. Last time the lords delayed a bill for the full time was the 2004 Fox Hunting Ban.
The monarch - bill can only become law once the monarch gives royal assent. Last time a monarch rejected royal assent was Queen Anne in 1708.

Question 5

Functions of the commons

Answer 5

Legislate - bills are presented to the HoC by the government (agenda is set out at the start of parliament by the queens speech). Command debates bills and suggests amendments. They have the right to reject or approve bills.
Debate - government seeks support for its policies and spending plans, the commons debates these policies. Central carpet of commons had two lines separating government and opposition, MPs must not cross the line, this creates adversarial politics.
Scrutiny - parliament scrutinises the government and policies through select committees and public bill committees. PBCs examine legislation in detail. Supreme Court inquire and investigate policy, administration and expenditure. PBC dissolve when legislation is approved or rejected.
Represent - parliament expresses the nations concerns on issues that affect everyone and issues that affect a few. It’s the Representatives role of the MP to raise issues in parliamentary questions or debates in the committees.
Recruitment - commons is the recruiting centre for ministers. New MPs watch how ministers perform in the commons and they learn what to do and what not to do. If MPs perform well, they became noticed by party leaders and if successful they are promoted to ministerial jobs in government. Poor performances in the commons dance the career prospects of ministers and they may be removed from the government.

Question 6

Roles in the House of Commons

Answer 6

The speaker - currently Lindsay Hoyle. Job is to manage the commons. Lead debates and make sure there is order and rules are followed. They are elected at the start of a new parliament and when a previous speaker resigns or dies. They only vote in a tie.
Whips - make sure MPs attend votes and they give instructions on how to vote. MPs get instructions each week and if underlined three times it is important. They keep discipline in parties and remove rebel MPs. Jared O’Mara had the whip removed (MP for Sheffield Harlem). Current chief whips are Chris Heaton-Harris (conservative) and Sir Alan Campbell (labour).
Government - job is to drive the legislative process by proposing bills from the manifesto. Oppositions job is to challenge the government and hold them to account. A dangerous opposition exposes mistakes within the government and allows for scrutiny of the government. The opposition has whips and a shadow cabinet.

Question 7

Legislative process

Answer 7

Green paper - sets out options for the legislation to get feedback.
First reading - formal presentation of the bill, there is no debate or vote.
White paper - explains objectives of legislation.
Second reading - main debate. Government ministers explain objectives and shadow ministers respond and backbenchers are involved in the debate. If a bill is contested a vote is taken. Government defeats are rare - last government was 1987 Sunday trading plans act.
Committee stage - bill sent to public bill committees, where scrutiny of bill and amendments are suggested. They dissolve once the bill is passed and usually membership is 10 to 50, membership also reflects party strength in the commons.
Third reading - amendments are considered by the commons. They can accept, reject or alter the amendments. The commons take a vote on the altered bill which usually gets passed.
Lords - they make amendments to the bill, which commons can accept or reject. Bill goes back and forth until both houses agree, however the commons can pass the bill if delayed by one year.
Royal assent - approval from the monarch. Once the bill is signed by the monarch it becomes a law. Convention dictates the monarch always grants royal assent.

Question 8

Private members bills

Answer 8

These are bills created by backbench MPs.
They can be passed in three ways:
The ballot - 20 bans pulled from ballot at start of each parliamentary session.
Ten minute rule - MPs have 10 minutes to make a speech to introduce a bill, but few bills get passed at the first hurdle.
Presentation - MP presents a bill on the floor of the house by introducing the names of the bill but there is no debate at this stage.
PMBs do not usually pass without government support.

Question 9

Different types of legislatures

Answer 9

Policy making legislatures - amend of reject proposals and put forward alternative bills.
Policy influencing legislature - can modify or reject legislation and legislative proposals but cannot develop extensive proposals of their own.
Legislatures with no policy influence - they are unable to modify of veto proposals from the executive.
Uk has a policy influencing legislative as most bills are from the government, the executive is in control of the timetable and party disciple ensures proposals are rarely defeated

Question 10

Other committees

Answer 10

Liaison committee - consists of all chairs of committees. Twice a year they question the PM.
Public Accounts Committee - examines government expenditure and is always hiked by the opposition. They recently gave a report on funding for free schools.
Public Administration and Constitutional affairs committee - examines constitutional issues and the role of the civil service

Question 11

Parliamentary scrutiny

Answer 11

Legislative process - second reading debates the bill ensuring scrutiny. Also scrutinised by PBC and the HoL debate the bill.
However the executive controls the timetable meaning anything by the opposition can run out of time. Majority of commons reflects the PBC meaning whips can make MPs vote a certain way. Last time the government lost at second reading 1987.
Question time - government minister face questions in the commons. Bercow requires ministers to answer more frequent questions. PMQs take place Wednesday for an hour. This gives opposition and backbenchers opportunity to question the PM.
However government whips draft questions for MPs to flatter the government (pasty questions). PMQs referral to parliamentary theatre or Punch and Judy politics. In 2015/16 35,000 written questions but only 3,600 oral questions.
Opposition - leaders of opposition had special privileges including the right to respond first to the PM and 6 questions at PMQs. Opposition scrutinises government policy and create their own policy due to being the government in waiting. Opposition gets 20 parliamentary days to set the agenda. 2009 Lib Dem’s passed Gurkha citizenship and defeated the government.
But opposition relies on limited state funding (short money), labour only given £6.8 million in 2015/16.
Debates - half an hour debates at the end of each day, gives MPs a chance to raise an issue. Emergency debates can be called by an MP. Debates can be high quality. 2010 Wright Reforms created the backbench business committee.
But debates may be poorly attended. Only 4 emergency debates between 2015/16. Members of backbench business committee are elected in party groups, meaning members are not always independent.
Select committees - 21 select committees, each dealt with different areas. Mostly have 11 members but some have more. Members are policy experts in their area so scrutinise policy effectively. Graham Scott criticised Michael Gove with changes to GCSEs. Government has to respond to reports.
However only 40% of reports in 2011 were responded upon by the government. Members get a £15,000 salary to be independent. They can call witnesses (Russel Brand to the home affairs committee).
However government have a majority in select committees. Whips may put pressure on MPs to vote for someone on the select committee. They have come under fire for being too aggressive with witnesses

Question 12

Gender representation in the commons

Answer 12

2015 28% of MPs were women and it was 32% in 2017.
All women shortlist’s used by Labour in every general election since 1997 (expect 2001). It requires some constituencies to elect their candidate on all women shortlist’s.
A list - conservative tactic which highlighted the top 100 constituency target seats and constituency associations are required to draw up shortlist’s where at least half the candidates were women. But only 19/49 conservative MPs elected in 2010 had been on the A-list

Question 13

Representation in the commons

Answer 13

Age - average age 51.
14 MPs between 18-29, 102 MPs 30-39, 190 MPs 40-49, 197 MPs 50-59, 114 MPs 60-69 and 28 MPs over 70.
Youngest MP is Mhairi Black 23. She gets the nickname baby of the House. Longest service is Kenneth Clarke nickname father of the house.
Ethnicity - 52 non white MPs in 2017. 8% of commons represents 13.6% of the population.
Education - 35% of MPs in 2010 attended a fee paying school. 2017 dropped to 29% compared to 7% of the country.
45 MPs define as LGBT including justice secretary Justine Greening.
Labour MPs more likely to work in the public sector, conservative MPs more likely to have worked in business.

Question 14

Theories of representation

Answer 14

Delegate model - delegate is an individual selected to act on behalf of others. They should not depart from instructions to follow their own judgement. Weaknesses of model is MPs don’t act as delegates.
Trustee/ Burkean model - MP is responsible for representing interests of constituents. Once elected they are free to decide how to vote. Weakness of the model is it assumes MPs know what the best thing to do is.
Mandate theory - MPs elected to carry out manifesto promises. Weakness of the model is that the electorate only have a basic understanding of their political interests thus paying little attention to manifestos when voting.

Question 15

What are backbench MPs

Answer 15

They do not take part in the executive, shadow cabinet or the opposition front bench.
Main roles is constituency work, taking part in votes, committee work, PMBs and scrutiny of the executive.

Question 16

Roles of backbenchers

Answer 16

Constituency work - must devote time to helping and representing constituents. Many people will not have voted for the MP but the MP must raise issues of people locally. Must make regular visits and hold surgeries. Constituents visits them and MPs must provide help.
Taking part in votes and debates - have the right to vote in bills in the HoC. They must decide to vote for their constituent or their party. Ken Clarke and Rachael Maskell followed constituents wishes and not the party line with the Brexit vote. Backbenchers involved in debates but the speaker gives priority to ministers. They have parliamentary privilege (freedom of speech and cannot be sued for anything said in parliament). They ask questions and demand a written response. Like Rachael Maskell regarding job losses at Nestle in york.
Committee work - they become members of standing committees in areas of interest. They also join select committees which scrutinise the government.
PMB - most PMB’s fail due to the lack of time but it does get publicity for the issues. Governments use PMBs to introduce controversial ideas without putting their name to it.
Scrutiny of the executive - parliamentary privilege means if a backbenchers asks a question the executive must answer. Also committee work provides scrutiny.

Question 17

Backbenchers revolting

Answer 17

Backbench MPs became rebellious in the labour government of 1997-2010, this continued into the coalition.
Coalition government was the most rebellious since 1945 as 185 coalition MPs voted against their whips. 148 were conservative. Hollobone was the most rebellious, he voted against the whip 129 times between 2010-15.
Backbenchers traditionally weak due to small revolts not being affective. PM patronage meant backbenchers wanted to be in the good books of the PM to get promoted.
Whips ensure they vote with the party line but during the coalition backbenchers become more powerful.
Select committee chairs were no longer chosen by whips and they receive an additional salary. Backbench business committee also control 35 days of the timetable.

Question 18

House of Lords

Answer 18

House of Lords currently 796 members but only 400 seats. This makes it the largest second chamber on the world, behind China.
Three types of peers: life, spiritual and hereditary.

Question 19

Comparative powers of the commons and lords

Answer 19

Parliament acts - restricted lords as they could only delay bills. Lords is a revising chamber and their amendments to bills can be rejected. Lords have become more assertive, only delayed bills for full time, 4 times - last time in 2004. Commons usually accept amendments.
Financial privilege - lords cannot delay or amend money (supply) bills, these are
Bills concerned with national taxation, loans or public money. Each year an appropriation bill authorises government spending and is passed by the commons. The commons claim financial privilege when the lords plan an amendment to legislation with a financial implication. Coalition used this with the 2012 welfare reform bill.
But some peers have accused ministers of abusing their powers.
Confidence and supply - government requires confidence to stay in office. Supply refers to authorisation of government spending by commons. Traditionally a government failing on a supply bill resigns. Commons can remove a government by a vote of no confidence which the lords cannot vote on. 23 votes of no confidence and 3 votes of confidence since 1945.
Salisbury convention - lords should not vote against manifesto bills. Convention not legally binding. 2006 lords voted against labour ID cards.
Reasonable time convention - government needs to pass proposals since they do not control timetable in the lords the lords should not deliberately delay bills and ensure they passed by the end of sessions. Reform proposals include a 60 day limit but people say this will weaken parliamentary scrutiny.
Secondary legislation - lords do not reject secondary legislation. Not universally accepted and the lords amended two regulations on tax credits. Government introduced the Strathclyde review which said the commons should override any lords in secondary legislation but this is not currently in use.

Lords have become more assertive since the 1999 reforms.
2004 Hunting act blocked for a year
Government defeats in lords more common than in the commons. Blair and brown lost 7 times in the HoC and over 400 times in the HoL. 40% of the defeats were accepted by the brown and Blair governments.

Question 20

Reforms to the HoL

Answer 20

1999 HoL reform act - got rid of all but 92 hereditary peers, kept 527 life peers and CofE represented by 26 bishops and archbishops and it created 27 law lords.
2012 HoL reform - it was dropped after a rebellion of 91 conservative MPs.
2014 HoL reform - allowed members to retire or resign and members would be removed if jailed for over a year or for non attendance.

Question 21

Arguments for further reform for the HoL

Answer 21

YES
Still 92 hereditary peers, lords limited by parliamentary acts,
Lords voted against cuts to legal aid 11 times without making a difference, HoL too large and not diverse
NO
An elected second chamber would lead to gridlock, 1999 act already cut membership and a reduction decreases the quality of debate, reform acts improved party balance (before 1999 - 40% conservative, 16% labour and 29% cross-bench, after - 30% labour, 27% conservative and 23% cross-bench), lords have become more dominant in recent years with amendments to counter terrorism proposals and stopping identity cards.

Question 22

Reforms to the HoC

Answer 22

Wright reforms 2010 - select committee chairs elected by the commons and paid an additional salary.
It created the backbench business committee who hear local issues and schedule debates on e-petitions and they control 35 days of the timetable.
Also created the Liaison committee.
Fixed term Parliament act 2011 - schedules elections for every 5 years

Question 23

Arguments for further reform of the commons

Answer 23

YES
Select committee powers could be strengthened by giving them power to force witnesses to attend and answer questions, 2011 draft bill allowed for MPs to be recruited if they were found guilty of wrong doing - this hasn’t been implemented. HoC lacks diversity.
NO
Referendum 2011 on AV voting made it clear there was no support for electoral reform. Wright Reforms improved powers of backbenchers.
They have also allowed duke increased independence on scrutiny.