parliament Flashcards
functions of parliament
legislation
scrutiny and accountability
debate
representation
recruitment of minister
legislation
how to bills become law
1. idea is generated by govt or think tanks
2. idea is circulated to relevant dept and cabinet
3. then drafted by Parliamentary Council
4. First reading - introduced the bill
5. second reading - the bill is debated
6. committee stage - select committees scrutinise the bill - it is debated again if changes are made
public bill committee - scrutinises bills clause by clause and makes amendments
99% of ministerial recommendations are accepted by the PBC
its makeup reflects the house of commons - govt always has a majority - questions on how effective scrutiny is
- sent to the lords for a similar process - sent back to be debated again if changes are made (ping pong)
- bill receives royal assent
private members bills
3 ways it can be brought up
1. Ballot - 20 names are drawn and time is assigned on 13 fridays in the session
2. Ten Minute Rule Bill - at the end of the day - time to introduce new bills
3. Presentation - the bill is introduced with no second reading
examples
Abortion Act 1967 - legalised abortion
Murder Act 1965 - abolished the death penalty
Voyeurism added to the Sexual Offences Act in 2019
Parliamentary Questioning - scrutiny and accountability
Heads of departments are questioned
PMQs is the most high profile - happens every Wednesday
opportunity for opposition and third largest party and backbenchers to raise questions
it shapes the public perception of politicians
Pros
PM is held accountable with direct questioning
high publicity - increased transparency to the public
cons
punch and judy politics - nothing is achieves
PMs can avoid answering questions
questions are often planted to make the PM look good - most recent PMQs - question related to Gloucestershire hospitals and NHS
it is only 30 minutes long and the leader of the opposition only gets to ask 6 questions
lots of heckling and results in ‘sound bites’
Opposition - scrutiny
have a difficult job of being the opposition and govt in waiting
leader of the opps has additional salary, role in the PMQs, right to be the first to respond to major govt decisions
opposition relies on Short Money for funding - they lack the expertise of the civil service
their strength and effectiveness depends on how strong the govt is and how united the opp is
opposition in charge of parliamentary agenda for 17 days
Select Committees - scrutiny
departmental select committees created in 1979 - most have 11 members and the chair is elected by the whole house
chair normally has record of independence and expertise
Wright Committee 2009 established BBBC and select committees to be determined by whole house
committees have similar composition to the Commons
can summon ministers and others as witnesses
have access to restricted documents
BUT they have enforcement powers - 40% of suggestions are accepted
hold pre-appointment hearings for public appointments eg Chair of Ofcom, Governor of Bank of England BUT cannot veto eg Amanda Spielman - head of Ofcom even though committee expressed concern 2016
Boris Johnson and Privileges committee - determining whether he misled Parliament
- being chaired by Labour Harriet Harman
- issue still needs to be voted on by Commons
Sue Gray report 2022 -Boris Johnson - 83 people total - to be fined for breaking Lockdown rules
Liaison Committee
2019 - Boris Johnson avoided meeting them to focus on ‘delivering Brexit’
2023 - grilled Sunak on economic issues, migrant, issues and the Windsor framework
Debate
Govt mostly decides parliamentary agenda
Backbench Business Committee (established in 2010) allows MPs (backbenchers) to shape the agenda - they are voted for by the whole house - reflects Commons - MPs with record of independence find it hard to be elected
decide agenda 35 days a session
many debates are poorly attended eg Ten minute rule at the end of the day
govt can ignore motions passed in debates - eg votes at 16
e-petitions - allow direct democracy - no vote - cannot be enforced eg 2019 3 million people signed to revoke article 50 - remain in the EU
House of Commons
MPs only need to be 21+
elected through GE - FPTP
privileges - freedom of speech and exclusive cognisance (the right of each house to regulate its own internal affairs w/o interference from outside bodies)
pay - £86,500/yr
role of the MP - determined by 4 factors
1. party
2. constituency
3. nation - related to budget, national security - all MPs united on supporting Ukraine
4. personal interests ie PMB eg Alex Chalk oversaw the passage of the Domestic Abuse Bill 2020
whips - ensure MPs turn up and vote accordingly
current chief whip - Simon Hart
2018 - 8 Tory MPs voted against Heathrow expansion - defied three-line whip
2020 - Julian Lewis MP had whip withdrawn after beating no 10 nominee to become chair of intelligence and security committee
the speaker - elected by MPs and has no political affiliation
they can vote when there is a tie
John Bercow - 2009-2019 - sought to enhance scrutiny by championing backbenchers
- 2019 - stopped May from re-introducing her un-amended Brexit deal to the floor
current speaker - Lindsay Hoyle
92% of bills passed in the 2019-2021 were govt bills - tyranny of the majority? elective dictatorship?
Over 500 statutory instruments were used to pass covid regulations
the Coronavirus Act was passed with little scrutiny and gave police extensive powers to break up gatherings eg Sarah Everard Vigil 2020
How representative is Parliament
House of Commons
1. Sex - 35% female MPs as of Feb 2023
- use of ‘all women shortlists’ Labour and ‘Priority lists’ Conservative - may breach Equality Act 2010
- women are not allowed to vote on maternity leave
2. sexuality - 56 MPs identify as LGBT - tend to be younger which reflects British society
3. ethnic minorities - 10% of MPs vs 14.4 % of the general population
4. education - 27% of MPs attended private schools vs 6.5% of students
House of Lords
778 members - 664 appointed members
- only Anglican Bishops are guaranteed seats in the house - 26 Lord Spirituals (although the chief rabbi also has a seat as a Lord Tempural)
- undemocratic - hereditary peers are there by birthright
- mostly old, white, men - 29% women (increasing)
- 35% are ex-MPs
House of Lords
role as scrutinising chamber - not a veto chamber
reform
- Parliament Act 1911 - no say over monetary bills
- Parliament Act 1949 - can only delay bills by two sessions
- Life Peerage Act 1958 - gave PMs right to appoint Peers for life
Peerage Act 1963 - allowed women hereditary peers to sit in the Lords + allowed Lords to renounce their title and seat
House of Lords Act 1999 - rid of all but 92 hereditary peers (compromise for Blair)
House of Lords Reform Act 2014 - allowed peers to retire + peers could be expelled if convicted of a crime
Salisbury convention - HofL cannot strike down bills that are part of the winning party manifesto
exception examples
- 2008 voted against Blair’s ID cards - he had a weak mandate (commons rejected as well)
- 2007 Fraud Bill was wrecked
issues of weak mandates eg coalition agreement - was not voted for by the people
impact of 1999 reform
- no party has a majority (hereditary peers were mostly conservative
- more assertive - reforms gave them more legitimacy eg Sexual Offences Act 2000, Fox Hunting Act 2004
- number of government defeats in the Lords has increased - 128 in the last session - highest number on record
proposed reform
- Wakeham commission 2000 - proposed fully elected, hybrid or fully appointed - no clear consensus
- Free Vote 2003, White Paper 2007 - no options secured majority but HofL voted for fully appointed
Should the HofL be reformed
Yes
- fundamentally undemocratic
- costly - Lords have no salary but have an untaxed stipend
- moral issues around the Lords eg Jeffrey Archer convicted of perjury eg Andrew Lloyd Webber
- 35% are ex-MPs
- Cash for Honour scandal 2006
No
- not subject to popular whim - good for long term issues eg Duke of Wellington’s amendment to the Environmental Act regarding sewage 2021
- they are no influenced by their party - no re-election needed
- they have a range of expertise - Doreen Lawrence
- hold the government to account - strong scrutiny of the Illegal Migrants Bill 2023 by ABC
