Parliament Flashcards

1
Q

Chief whips of Conservative and Labour
Speakers of the HoC and the HoL

A

Simon Hart and Alan Campbell
Lindsay Hoyle and John McFall

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2
Q

Which Act let PMs nominate life peers
How many life peers did Blair nominate?
2 criticisms of life peerages?

A

Life Peers Act 1958
374
Can be a form of patronage i.e. Cash For Peerages or Boris Johnson awarding his aide a peerage, she would be the youngest ever.
Cameron only included 1 labour in his resignation list despite convention it should be representative

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3
Q

3 main functions to analyse Parliament/ HoC and HoL over

A

Representation
Legislation
Scrutiny

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4
Q

How does the House of Commons represent - 3 ways w/ examples

A

Represents constituents - 40 Tory MPs didn’t vote for Truss’ fracking unban in Oct 2022 - despite it being whipped.
Similar for HS2 and Heathrow runaway
Represents the party/ executive - Strong whip system means this is often the case. Removes party membership for those who defy i.e. Johnson removed the whip from 21 members who didn’t back the withdrawal agreement, Ken Clarke, Caroline Nokes
Can represent cross-party interest groups i.e. John McDonnell and Zac Goldsmith both part of an anti-3rd runway group. Can also be formal All-Parliamnetray Groups (APGs) such as Crispin Blun chairing Drug Reform APG - reviews reports and asks questions

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5
Q

How socially representative is the HoC and HoL
Age
Gender
Race

A

Age - average age around 50 for the HoC vs 71 for HoL

Gender - Women are 34% of MPs… Although more female Labour MPs than males right now. Cameron’s “A-List” and “Blair’s Babes” have seen a big rise

The House of Lords has around 1/3 female Lords - although recently only 1 in 5 life peerages have nominated a woman

Race - 63 MPs are BAME,, the highest of all time. Still lacks compared to the 19.5% it should be.

45% of Tory MPs went to fee-paying schools, and 86% of all MPs have a degree

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6
Q

How does the House of Commons scrutinise/ hold the government accountable on a whole (exclude committees) - …otoh

What enhances this scrutiny

What does this scrutiny ultimately depend on

A

(Prime) Ministerial Questions - Forces ministers and the PM to vet and be able to defend policy - Keir Starmer attacking Johnson over fines for COVID breaches.
Often theatrical and an excuse for adversarial politicking rather than proper scrutiny

The threat of rebellions/ no-confidence votes - Can ruin a leader’s image and force them to back down from policy for fear of looking weak. Theresa May faced 33 defeats and a no-confidence vote. Lost all authority.
Losing these votes is rare and can make use of strong whip systems.

Media scrutiny enhances all of this - i.e. huge pressure on Truss led to Jeremy Hunt becoming Chancellor and undoing all her policies - as well as her eventual resignation.

Ultimately depends on strength and unity of party and size of majority - i.e. Blair suffered 4 defeat compared to May’s 33. The party can be split by divisive issues like Brexit.

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7
Q

How many select comittees are there - who are its members, what is their role and what makes them good at scrutiny.
Any weaknesses

A

20 departmental Select Committees - one for each major state department and their role is to scrutinise the work and outcomes of these departments.
Membership, which reflects the house as a whole, is decided by a secret ballot.

Bipartisan nature dedicated to scrutiny rather than politicking - reports are often unanimous
Pay rise and prestige means the role is honoured and fulfilled well
Parliamentary privilege and power to call witnesses allows ruthless questions (led to the suicide of David Kelly in 2015??)
Streamlined - none of the time consuming rituals - effective scrutiny

However,, it lacks teeth and its reports can often be swept under the rug by the government/ ignored by the media unless particularly damning

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8
Q

Which select committee can hold the PM to account? Has it

A

The Liasion Committee was ignored 3 times by Johnson - who had previously walked out of a Transport Committee meeting as Mayor of London

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9
Q

What is the “queen of select committees” - current chair and recent examples of scrutiny

A

Public Accounts Committee - always chaired by an opposition MP. Taslked with monitoring effective government spending.
i.e. recently criticised for failing to collect taxes or investing in trade infrastructure post-brexit

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10
Q

What are public bill committees? Do they provide effective scrutiny

A

Committees to consider amendments for legislation that has passed the 2nd reading in the HoC. Could theoretically change the nature of a bill by accepting amendments but in reality the only amendments accepted are government ones, the party in power always has a majority and the government MPs are often “voting fodder”, instructed by the whip.

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11
Q

3 reasons House of Commons can/ does not sufficiently ensure quality of legislation?

A

Public Bill committees are always dominated by whipped “voting fodder”
A large majority, which can be whipped, means debates are often meaningless - wasting Parliament time
Much legislation is changed through secondary legislation/ Henry VIII powers, which the HoC does not have as many powers/ time over

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12
Q

Example of potentially worrying legislation passed due to a strong majority, or Henry VIII powers

A

Police, Crime, Sentencing and Courts Act 2022 gives police broad and vague powers over the right to assembly - potentially dictated by the Home Office…
Boris Johnson used 425 statutory instruments with little requirement for Parliamentary approval during his COVID-19 response.
Sunak’s current minimum service bill includes a worrying Henry VII clause allowing unilateral changes to be made
Retained EU Law Bill would give ministers power over former EU law - not Parliament

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13
Q

Good examples of legislation being defeated - why

A

Theresa May’s Withdrawal Agreement was defeated 3 times - controversial and a minority government - including the biggest defeat ever (432)
The above only happened due to the Brexit Bill 2017 - giving Parliament a final say on the Brexit deal due to 11 Tory MPs defying a three-line whip
2005 - Blair’s 90 day detainment period for terrorist suspects was defeated due to its controversy

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14
Q

Exclusive House of Commons powers the HoL doesn’t have - how come

A

Only HoC can defeat legislation - HoL can only delay for up to one year (Parliament Act of 1949) + reasonable time convention and can’t oppose manifesto legislation at all (Salisbury Convention/ gov. mandate)
Only HoC can vote on the budget/ financial matters (Parliament Act 1911)
Only HoC can call a vote of no-confidence
HoL can not legitimate decisions - legislatively or militarily as they are not elected representatives
HoC have final say over all amendments

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15
Q

One way in which the HoL is more representative than the HoC

A

In terms of parties/ issues. FPTP often denies proportional representation - 180 crossbench peers will represent some causes forgotten by the election.

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16
Q

How important are the HoL in legislation?
Primary
Secondary

A

Limited in primary legislation - can be overruled at all points and Private Member’s Bills require government backing. Consider and propose amendments that can signal apprehension. It is seen as helpful as any Lord can propose a bill and many are experts

Secondary legislation - V. important. Secondary Legislation Scrutiny Committee is the only Parliamentary body dedicated to it. Acts as a check when the HoC can’t. For example, went through all of the 400+ COVID-19 SIs under Johnson and the 000s under May over bRexit - highlighting key ones/ worrying ones

17
Q

Example of Lords holding up legislation, example of this not mattering

A

HoL stalled Osborne’s plans for a tax credit cut to low-income families in 2015…
Parliament Act 1911 lets the government overrule the HoL - as it did in 2000 to reduce restrictions on gay relations. There is also the threat of abolishing the HoL

18
Q

Ways the HoL engage in scrutiny

A

Use their expert knowledge to debate and propose amendments to legislation - can often improve the quality of the bill
Committees - highly regarded reports due to expertise and lack of partisanship - much like select committees. For example, economic affairs committee has been vocal about recent financial turmoil and praising the BoEs independence
Debating topical issues i.e. debated conflict in Palestine and A.I.

19
Q

Example of an expert in the H.O.L.

A

Baroness Chakrabati - former director of Liberty, has spoken on civil and womens rights as part of her work as a Baroness

20
Q

Two types of bill - how successful are they and examples of the latter

A

Government bills - introduced by exec and are very likely to pass
Private Member’s Bills - can be introduced in either house. Introduced in HoC via 10- min speech, a formal presentation or a ballot at the start of each Parliament.
Unlikely to succeed w/o government support
House of Lords Reform Act 2014 was successful
Young People’s Enfranchisement in 2018 wasn’t.

21
Q

What is the fillibuster - example

A

When a bill dies due to being debated too long - no time for a vote.
In 2016 a Tory MP - Sam Gyimah filibustered a bill wiping historic offences for homosexuality

22
Q

Passage of a bill through Parliament

A

First reading – introduced
Second Reading – debated and voted on (gov. will win)
Committee Stage – Public Bill Committee will scrutinise the bill and any amendments
Report Stage – the bill + any amendments will be voted on, MPs can introduce amendments on the day
Third Reading – a final debate over the finished bill, vote it through
HoL – HoL repeats same process as HoL, with less time limits for amendments and debate
Consideration of amendments - both houses must be agreed on the wording of the bill. Can lead to “ping pong” – HoC always wins
Royal Assent - sent to monarch and signed into law

23
Q

Ways in which the executive and Parliament interact

A

Backbenchers
Select Committees
The opposition

24
Q

What are backbenchers - what do they not have to follow

A

Members of Parliament who are not in government or on the opposition frontbench.
They do no have to follow collective ministerial responsibility

25
Q

What is parliamentary privilege?

A

Means members of parliaments are free to raise any issue without legal retaliation

26
Q

Main roles of backbenchers (mainly HoC)

A

Represent constituents
Scrutinise the governments
Legitimise legislation + gov. decisions

27
Q

Ways in which backbenchers can represent constituents in Parliament - example for each

A

Ask questions in the House to achieve “redress of grievance” - this can be through adjournment debates or oral/ written questions to Minsters. i.e. Caroline Lucas asking about fossil fuel projects
Backbench Business Committee - allows backbenchers to control Parliament business 35 days/ year. i.e. debating Christianity in society / devolution in Wales.
Just spend time with them at surgeries etc. Called best part of the job by Tony Benn
Introduce Private Member’s Bills

28
Q

How can backbenchers scrutinise the government

Counter these points

A

Join select comittees, especially the Liasion Comittee
Vote of no confidence - attempted lots recently
Aren’t bound by collective responsibility - can speak out and vote against policy i.e. fracking, third runway, military intervention

Select Committees are easily ignored - Johnson with Liasion Comittee
Successful votes of no confidence are rare - the last one was 1979
Must obey the party whip and toe the line or else risk no promotion - leads to them becoming “lobby fodder”

29
Q

Ways in which backbenchers aren’t required to legitimise government business or are weak in considering legislation

A

Increasing use of secondary legislation
Private Member’s Bills rarely go anywhere w/o gov. support
Convention of legitimising military force diminished w/ Theresa May
Public Bill Committees stacked with loyalists

30
Q

What does the importance of backbenchers ultimately depend on

A

Size and support of gov. majority. A large one means executive has more power over Parliament given an excess of votes and support. See Johnson who faced large support despite breaking the law.

Compared to Theresa May / Truss who had no backing due to ideology and minority government meant backbenchers had more control - defeated her withdrawal agreement 3x

31
Q

Main role of backbenchers in the House of Lords

A

Scrutiny - they have no constituents to represent and are even less likely to see their Private Member’s Bills through to fruition

32
Q

What should the opposition be doing all the time

A

Convincing the electorate it is a government in waiting

33
Q

Role of the opposition

A

To make sure the government justifies its policy program - leading to reasoned debate and comparison with its own policies
Be ready to step in should it need
Scrutinise the executive by PMQs and Minsters questions

34
Q

Opportunities for the opposition to fulfil its role

A

20 opposition days/ year - choose the debate
Offer amendments and scrutiny in Select and Public Bill Comittees
The Shadow Cabinet can provide contrast and scrutiny effectively and quickly against policies as they come out
Can work with rebel backbenchers and the HoC to stall legislation i.e. was emboldened by HoL amendments against a hard Brexit in 2018
Leading debates and PMQs

35
Q

How many opposition days motions have passed in the last 40 years

A

1 - in 2009 to grant Gurkha veteran residency rights

36
Q

Example of a shadow minster providing scrutiny

A

Dianne Abbot in 2018 flamed Amber Rudd over the Windrush scandal - she ultimately resigned

37
Q

Who always has a majority in select committees

A

The governing party