Parliament Flashcards
Parliament
The British legislature (law making body) made up of the House of commons, House of lords and the Monarch
House of commons
The primary chamber of the UK legislature, directly elected by voters
House of lords
The primary chamber of the UK legislature, directly elected by voters
Backbenchers
MPs who do not have a ministerial or shadow-ministerial position
opposition
The party with the second-largest number of seats in the commons
Select committees
consisting of Backbench MPs, they investigate and report on the activities of the government departments
Bicameral
Two chambers
Parliamentary privilege
legal immunity from civil/criminal action allows MPs to raise important and significant issues
Parliamentary privilege
legal immunity from civil/criminal action allows MPs to raise important and significant issues
Public bills
bills that concern the whole country
Private bills
rare pieces of legislation that only affect a small number of people
Hybrid bills
Mixture of the two
Functions of parliament
- passing legislation
- scrutinizing the executive
- recruitment of ministers
Three line whip
An instruction given to Members of Parliament by the leaders of their party telling them they must vote in the way that the party wants them to on a particular subject.
How is scrutiny performed….
- PMQs
- Select committees
- debate
Salisbury convention 1945
The House of Lords does not delay or block legislation that was included in the governments manifesto
Parliament Act 1911
The House of Lords cannot delay a money bill
Parliamentary Ping pong
when a bill goes back and forth between the two houses
Sunset clause
A bill would automatically expire after a year unless further legislation was passed to renew it
Legislative bills
Proposed laws passing through parliament
Public Bill Committees
Committees responsible for looking at bills in detail
Act of Parliament
A bill that has completed all its stages in parliament and has become law
Private Member’s Bill
Affects the whole population, introduced by an individual backbench MP or a member of the Lords, these are much less likely than a public bill to become law as they depend on time being found for them to complete all their stages in parliament
How a bill becomes law
Starts in the house it was initiated in by the first reading, then second reading, then the committee stage, then the report stage and finally the third reading, then goes on to the next house and completes the same steps and then can be given the royal assent
Origin of the Bill
May originate as a green paper and/ or a white paper
First Reading
First compulsory stage, bill is made available to MPs/ Lords but is not debated or voted on at this stage
Second Reading
Principle of the bill is debated and a vote may be taken if it is contested
Committee Stage
Bill is scrutinised in detail by a public bill committee (standing committee), whose membership reflects the strength of the parties in the Commons, amendments may be made if the government is prepared to accept them
Report Stage
Whole house considers amendments made at the committee stage and may accept or reject them
Third Reading
Amended bill is debated and voted on by the whole house
House of Lords Stages
Bill goes through the same stages, with the exception of the committee stage, which is carried out by the whole house, can propose amendments and the house of commons has to decide whether to accept, reject or further amend these
Royal Assent
Monarch signs the bill, making it law, this stage is a formality as the sovereign is a constitutional monarch, who would not get involved in politics by refusing to sign a bill
Parliamentary Privilege
The right of MPs or Lords to make certain statements within parliament without being subject to outside influence, including law
Backbench Business Committee 2010
Creation enabled them to choose the topic for debate on 35 days in each parliamentary session, some of which are chosen in response to e-petitions
Urgent Questions
Device that, subject to the approval of the Speaker of the House, allows an MP to raise an important matter requiring an immediate answer from a government minister
House of Commons Select Committees
The current form was introduced by Norman St John Stevas, Leader of the House at the beginning of the Thatcher government, it scrutinises the policy, administration and spending of each government department
Public Accounts Committee
Examines government expenditure, seeking to ensure that value for money is being obtained
Liaison Committee
Consists of the chairs of all the select committees, questions the prime minister twice a year across the whole field of government policy
Committee on Standards
Oversees the work of the parliamentary commissioner on standards, an official who is in charge of regulating MPs conduct, including their financial affairs
Short Money
Assistance available to help opposition parties carry out their parliamentary business and provide help with the running costs of the leader of the oppositions office, the purpose is to compensate for the fact that, unlike the government, they do not have access to support from the civil service
Prime Minister’s Questions
Regular set-piece events of the parliamentary calendar, held once a week at 12pm for half an hour each Wednesday when the Commons is sitting
Green Paper
Document which begins the consultation process
White Paper
Describes how the government intends to solve a problem, rather than just opening up a discussion
Dummy Bill
A piece of paper with the bill’s title on it is given to the speaker who asks ‘second reading what day’ which is normally a few days after the first reading which is a formality
Standing Committee
Temporary committee made up of MPs and is set up specifically to examine the bill at hand
Committee of the Whole House
If a bill is considered to be of major importance, it will not be given to a standing or select committee, instead it will debated by all MPs in the Commons chamber
Representation
MPs should represent the feelings and concerns of their constituents, and in times of crisis, MPs are expected to speak the nations mind and express what the country is feeling
Functions of the House of Lords
Revision of bills, scrutiny of EU legislation, power of delay, recruitment to cabinet and scrutiny of the executive
Lords Spiritual
Many Church of England Bishops are members of the Lords until they retire
Life Peers
Appointed for life by the government, but their children do not inherit the title
Crossing the Floor
When an MP ‘falls out of love’ with their own party in between elections and decide to join another one
Evaluate the powers of the House of Lords.
- HOL doesn’t have a veto over legislation approved by HOC
- HOL can’t delay or amend money bills
- Salisbury convention
Is parliament an effective check on the power of the executive?
(2) yes (2) no
Yes
1. Backbench MPs provide checks on gov. policy
Select Committees are more effective, gov. accepts 40% of their recommendations
- Backbench MPs provide greater checks on government - PM question time
NO
- Government defeats are rare - most backbench MPs obey the whip
- Select committees have little power - government aren’t required to accept their recommendations
How does parliament create private member bills? (3)
- Ballot
- Presentation : MPs present a bill
- Ten minute rule bill : MPs have 10 minutes to make a speech and introduce a bill
How is parliament’s effectiveness in scrutinising the gov. limited by the executive? (4)
- Gov. bills = most bills originate from the Gov.
- Parliamentary timetable = Executive can use ‘guillotine’ motions to set time for debate
- Payroll vote = MPs have to support gov. or resign
- Party discipline = whips
How is the government scrutinised? (4)
- examples
- Question / PM question time = said to be unserious and theatre
- Opposition = question the gov. legislative proposals
- Select Committees = Issue recommendations
eg. Business Strategy Committee inquiry (2016) concluded dangerous working conditions in Sports Direct - Debate = MPs express their views and try to influence policy eg. 2003 Iraq invasion
What are some of the criticisms of the House of Commons? How was this tackled?
Not enough representation
8% BAME in the HoC
- David Cameron created the priority list for women MPs in 2005
What are the 3 theories of representation? + importance
Mandate = Representatives carry out their manifes
What are the 2 type of peers in the house of lords?
Hereditary peers = 92 currently, inherited
Life peers = life peerages act 1958 = PM appoints people, increased diveristy by 20%
What are some features of the House of Commons? (4)
- Dominant chamber
- The right to insist on legislation
- Financial privilege: Lords can’t delay or amend money bills
- Power to dismiss the executive: motion of no confidence
What laws/conventions underpin the dominance of the house of commons? (4) + examples
Salisbury Convention = HoL shouldn’t vote against law that are in manifesto
eg. 2006 = voted against identity card bill = said SC was outdated
Confidence and supply = Lords don’t vote on confidence motions
Reasonable time conventions = Lords should consider bills in a reasonable time
Parliament act 1911 = HoL can’t veto legislation but only delay it for a year
Parliament act 1949 = can’t delay or amend money bills
What was the free vote 2003?
MPs had a free vote on 7 options for HoL reform proposed by a parliamentary joint committee
none secured majority support, peers voted for a wholly appointed House of Lords.
What was the White paper vote in 2007?
proposed a hybrid House of Lords: 50% appointed and 50% elected.
a series of votes on reform options were held - a wholly elected house was approved by MPs, as was the 80% elected option.
The Lords supported a wholly appointed House.
What are select committees?
a small legislative committee appointed for a special purpose.
What is a Motion of no confidence? + example
a fixed term parliaments act states that parliament will be dissolved if the government is defeated and no alternative government is approved within 14 days .
eg. James Callaghan (1979) was defeated by Margaret Thatcher (conservative) by one vote (311 = 310)
The erosion of parliamentary sovereignty (4)
1) a great deal of legislative power moved to the European Union after 1973.
2)executive power has grown considerably in recent decades
3) it is increasingly the practice to hold referendums when important constitutional changes being proposed
4)devolution
What is the role of the opposition?
1)forcing the government to explain and justify its policies and decisions.
2)presenting alternative proposals
3)making itself ready to be an alternative government if the current government is defeated at the next general election.
strength of back benchers
1)they can be influential in select committee
2) on important parliamentary occasion, MPs can attract considerable public and media attention
3) when government lacks a majority in the commons, or any majority at all, small groups of MPs can become extremely influential as they can threaten the government’s very survival.
eg.Sir Geoffrey Howe, the Deputy Prime Minister, resigned from the cabinet over its European policy..
What are the limitations on the powers of the House of Lords? (3)
lack legitimacy as so far, they are not elected.
Parliament Act of 1911- Removed the Veto and allowed them only two years of a delay.
What are the main functions of parliament?
Passing legislation
scrutiny of the executive
providing ministers
Give 3 parliamentary committees + significance
the public accounts committee (pac)
- scrutinise the financial expenditure of the government and taxpayer’s money
- ensuring transparency and accountability within Government
departmental select committees
-they scrutinies the work of each department in terms of effectiveness
-
backbench business committee
- determines the business of the house for more than 20 days a year.
it decides what decides what backbenchers will debate on those days.scrutinise the financial expenditure of the government and taxpayer’s money
Give 2 advantages of backbench MPs
Give 2 disadvantages of backbench MPs
- expected to be loyal to the party line as they were elected on the basis of the party’s manifesto
- there are few opportunities for MPs to raise issues on the floor of the house or in committee. PMQ = theatrical
Example of individual ministerial responsibility
Resignation of David Blunkett, 2004
- Personal misconduct
- Allegations he asked officials to fast track a visa application for his nanny
Collective Cabinet Responsibility
ministers must publicly support collective cabinet decisions, or resign
Example of collective cabinet responsibility (2)
Resignation of Iain Duncan Smith, 2016
- Work and Pensions Secretary
- Protest against cuts to disability benefits
Resignation of Robin Cook, 2003
- Leader of the Commons
- Iraq
Role of the executive (3)
MAKING POLICY DECISIONS
- oversees day-to-day administration of state
PROPOSING LEGISLATION
- devises and initiates most primary leg
PROPOSING BUDGETS
- Chancellor sets out taxation and public spending
Prerogative powers (of the gov) + examples (3)
Ministers act on behalf of monarch
- International diplomacy e.g. meeting with Trump
- Making/ratifying treaties
- Deployment of armed forces
What are some of the other powers of the executive? (2) = examples
control of the legislative agenda = Propose bills and set timetable
e.g. EU (Notification of Withdrawal) Bill 2017
Creating secondary legislation
eg. 3500 Statutory instruments issued each year
What are some of the restrictions on the powers of the executive?
Fixed-Term Parliament Act 2011
- Requires 2/3 support for a snap election
What is some of the PM’s special powers? + examples
Patronage = Power to appoint people to government positions
e.g. 162 Labour peers appointed by Blair 1997-2005
Appointments of cabinet ministers = Power to shape cabinet in PM’s own image (in theory)
e.g. Cameron was forced to appoint 5 LibDems to cabinet in 2010 due to the Coalition Agreement
Policy-making input = Power to coordinate economic and foreign policy
e.g. Thatcher forced to shift policy on ERM in 1989 after Chancellor and Foreign Sec. threatened to resign
How did HofL Reform 1999 impact the power of the PM?
Removal of most hereditary peers empowers Tony Blair to pass more through the Lords
How did Cash for Honours 2007 impact the power of the PM?
Donors to Labour party were found to be receiving peerage nominations from Blair, weakening Blair’s reputation in his last year as PM
How did the 2010 Coalition impact the power of the PM?
Cameron was weakened by the pressure of leading while placating tensions between 2 parties, as well as by policy promises and reliance on the LibDems for power
How did the 2018 reshuffle impact the power of the PM?
May appeared extremely weak after a refusal from Jeremy Hunt to accept move from Health to business Secretary, as well as Justine Greening’s resignation. This was especially damaging as the public was aware of the failings of the reshuffle
Examples of PM and cabinet unsuccessfully determining policy (3)
- Poll Tax reform due to public protest
- Global financial crisis 2008
- Syria vote 2013
Examples of PM and cabinet successfully determining policy (3)
- Joining EEC 1973, joining ERM
- Poll Tax, privatisation, trade union reform
- Same Sex Marriage 2013
What is the Cabinet?
- Ultimate decision making body in government who are the heads of government departments
Roles of the Cabinet (4) + examples
- Registering decisions
- Discussing/deciding on major issues; ministers can inform and advice but ultimately it is still the PM’s decision. E.g. Thatcher and the ERM
- Report on current issues
- Settling disputes
What is Cabinet Office?
- A government department responsible for supporting the cabinet system and the prime minister, and managing the civil service
What are cabinet committees?
- Most decisions taken here
Can be permanent or temporary, e.g Olympics
How are Cabinet Meetings run/ how have they changed?
- Frequency and length fallen since the 1950s; now only once a week when Parliament is in session
- Under Blair: about an hour, maybe 1/2
- Very formal: seating plans, agenda set in advance, etc.
What are some strengths of Cabinet? (4)
- Make decisions that couldn’t be made elsewhere
- Legitimise decisions made elsewhere
- Settle coalition disputes
- Cabinet can overthrow PM if they’re getting unfavourable (Thatcher)
What are some weaknesses of Cabinet? (5)
- Marginalisation; the stronger the PM, the weaker the Cabinet
- Most decisions made in committees
- Can be bypassed, e.g Blair and Millennium Dome
- All ministers have the same political allegiance
- Meetings held in secret, details only emerge decades later
What are the conditions a PM can become PM under?
- Had to be member of Parliament; convention that they’re a member of the Commons
- Must lead political party; normally have a majority in the Commons (2017 Tory minority, 2010-15 coalition)
What are some patronage powers of the PM? What are some of these drawbacks + examples
+ Can appoint ministers, dismiss them, place allies in key roles, and appoint outsiders. 15 ministers who attended under Cameron were not appointed under May’s first cabinet
+ May nominate life peers with view of giving them ministerial positions (Brown and Sir Digby Jones)
- Can be restricted by desire for ideological balance
- Botched reshuffles create rivals, raise questions about PM’s judgement, reveal divisions, and highlight policy failings
- Choice limited by availability of talent
- Cash for Honours, 2007
- 2009: Brown planned to make Ed Balls Chancellor but Darling let it be known that he’d refuse to accept another post
What are some of the PMs authorities in cabinet? What are some of these drawbacks + examples
+ Chairs and manages meetings
+ Create Cab. Committees and appoint members to them. 2016: May created and chaired new Economy and Industrial Strategy Committee
+ Can use bilateral meetings to steer policy
- Requires support on big/controversial issues
- Problems arise if senior ministers feel ignored; challenge PMs policies
- Not involved in detailed policy making in cabinet committees
- Ministers represent departmental interests, and so seek resources/influence
PoWhat are some public standing of the PM? What are some of these drawbacks + examples
- May’s poor performance in 2017 GE weakened her position
- Blair enjoyed high ratings until Iraq
- Polls showed Cameron more unpopular than his party because of austerity, despite once being viewed as an electoral asset
+ Both Thatcher and Blair had significant impact on the world stage, strong relationships with President
What are some policy making powers of the PM? What are some of these drawbacks + examples
- Chancellor N. Lawson and Foreign Sec. Geoffrey Howe forced Thatcher to shift policy on the ERM in 1989 by threatening to resign
- Iraq undermined Blair in 2003
- Brown and financial crisis
- 2010 coalition undermined Cameron; accused of causing ‘chaos’ over energy policy after ministers appeared to state opposite policy in speech
Importance of Three Types of Parliamentary Committee (9 marks)
Select Committees - specific issue, suggest, 40% accepted, 2016 BHS Philip Green
Public Accounts Committees - expenditure (important - financial privilege), 88% accepted 2010-15
Liaison Committees - chair of SC, analyses SC effectiveness, 2002 Tony Blair bilateral in these
