Parliament

Question 1

Define Parliament

Answer 1

In the UK, parliament is the highest legislature, consisting of the Sovereign, the House of Lords, and the House of Commons.

Question 2

Define House of Commons

Answer 2

The House of Commons is the lower house of the UK Parliament, the Lords being the Upper House, in the bi-cameral system. The 650 members of the Commons are known as Members of Parliament, or more commonly MPs.

MPs are either frontbenchers or backbenchers. Frontbenchers include government ministers (there are about 100), their opposing counterparts (called shadow ministers) and spokesmen. All other MPs are called backbenchers. The House of Commons has a variety of functions. Firstly, it sustains and legitimises the executive, which consists of government MPs. On the other hand, the Commons also scrutinises the executive, particularly when considering legislation, which are laws that the Commons has the sovereignty to make – including those concerning finance. Ultimately, the Members of the House of Commons are voted in by and thus represent the electorate.

Question 3

Define House of Lords

Answer 3

The House of Lords is the upper house of Parliament (the Commons is the lower house) in the UK’s bicameral system. Parliament is the UK’s legislature – the branch of government responsible for making law. Members of the Lords are often referred to as peers.

Question 4

Define Confidence and supply

Answer 4

In the UK a confidence and supply agreement is normally required in order for a minority government to be able to govern. A confidence-and-supply agreement is one whereby a party or independent members of parliament will support the government in motions of confidence and appropriation or budget (supply) vote, by either voting in favour or abstaining.

The most recent example of a confidence and supply agreement was between the Conservative Party and the Democratic Unionist Party in June 2017 following the June 2017 General Election.

Question 5

Define Salisbury Convention

Answer 5

The Salisbury Doctrine, or “Convention” as it is sometimes called ensures that major Government Bills can get through the House of Lords when the Government of the day has no majority in the Lords. In practice, it means that the Lords does not try to vote down at second or third reading, a Government Bill mentioned in an election manifesto.

Question 6

Define Parliamentary privilege

Answer 6

Parliamentary privilege grants certain legal immunities for Members of both the House of Commons and House of Lords to allow them to perform their duties without interference from outside of the House. Parliamentary privilege includes freedom of speech and the right of both Houses to regulate their own affairs.

Question 7

Define Legislative bills

Answer 7

A legislative Bill is a proposal for a new law, or a proposal to change an existing law, that is presented to Parliament. A Bill may be introduced in the House of Commons or the House of Lords but it must pass a series of stages in both Houses before it can be finally approved. If both Houses have agreed on the content of a Bill it is presented to the reigning monarch for formal approval, known as Royal Assent, and becomes an Act of Parliament.

Question 8

Define Public bill committees

Answer 8

A Public Bill Committee (PBC) is a committee set up by the House of Commons to examine the details of a particular Bill. All Bills, other than Money Bills, are automatically sent to a Public Bill Committee following their second reading unless they are committed to a committee of the Whole House. The composition of the committees must match the size of the parties in the House.

Question 9

Define Backbenchers

Answer 9

A backbencher is a legislator who doesn’t hold a government office or is not a frontbench spokesman in the Opposition. They are simply members of the Parliamentary “rank and file”.

Backbenchers do not tend to have much ability to influence government policy. However, they still play a role in providing services to and relaying opinions from their constituents, sitting on parliamentary committees and also they may join together to combat unpopular government policies or to exploit internal splits in the governing party. So they do provide valuable input into the legislative process

Question 10

Define select committees

Answer 10

Select committees are small groups of MPs or members of the House of Lords that are set up to investigate a specific issue in detail or to perform a specific scrutiny role. They may call in officials and experts for questioning and can demand information from the government. Select committees publish their findings in a report and the government is expected to respond to any recommendations that are made.

Question 11

Define Oppositions

Answer 11

he Opposition, formally known as HM Official Opposition, refers to the largest political party in the House of Commons that is not in government. The leader of this party takes the title Leader of the Opposition. The role of the Official Opposition is to question and scrutinise the work of the Government. More generally, any party that is not a part of the government is described as an opposition party.

Question 12

Outline the breakdown of the Members of the House of Commons

Answer 12

The composition of the House of Commons is as follows:

• The House of Commons consists of 650 MPs (this number is not fixed but varies each time changes are made to parliamentary constituencies. The intended reduction in the number of MPs to 600 was delayed by the calling of the 2017 general election).
• Each MP is elected by a single-member parliamentary constituency using the ‘first-past-the-post’ voting system
• MPs are (almost always) representatives of a party and are subject to a system of party discipline.
• MPs are divided into frontbench MPs and backbench MPs.

Constituencies are of roughly equal size, normally containing between 60,000 and 80,000 voters. Most constituencies are in England (533). There are 59 constituencies in Scotland, 40 in Wales and 18 in Northern Ireland. There was a

proposal to reduce this number to 600 by 2020 but this was postponed.

All MPs in the UK represent a political party. Occasionally, independent (non-party) MPs have been elected, but this is rare

Question 13

What is the role of MPs?

Answer 13

MPs have no set job description. The job is what they choose to make of it. However, there are four key roles that you may expect an MP to fulfil:
▪ Representing their constituents
▪ Supporting their party
▪ Scrutinising or playing a role in government
▪ Creating and debating laws

Question 14

Outline what is meant by Her Majesty’s Loyal Opposition

Answer 14

The Opposition is made up of the Shadow Cabinet of the party that won the 2 and most seats in the General Election. Currently Keir Starmer has 32 individuals in his Shadow Cabinet.

Question 15

Outline What the role of the speaker of the House of Commons

Answer 15

The Speaker of the House of Commons is the presiding officer of the House of Commons. They decide who speaks in debates and are in charge of maintaining order in the House of Commons. The Speaker is also responsible of the administration of the House of Commons. For example, the Speaker can recall the House of Commons during a national emergency. This last happened in August 2021 to discuss situation in Afghanistan. The Speaker also continues to sit as an MP and continues to represent his own constituents. However, they give up their party status when they are chosen to be the Speaker. The Speaker is chosen by their fellow MPs. When the Speaker is chosen, they are ceremoniously dragged to the Speaker’s chair by other MP – symbolic of the fact that they did not want the role but were willing to serve the House. The current Speaker of the House of Commons is Lindsay Hoyle. He took over from John Bercow in 2019. Bercow was a controversial Speaker, particularly over the issue of Brexit.

Question 16

Outline what is meant by the Denison rule

Answer 16

One of the potential jobs of the Speaker is to settle a tied vote in the House of Commons. As a result of his stance of impartiality within the House, if a vote is ever tied in the House of Commons the Speaker will always vote, as far as possible, in line with the status quo. For instance, the Speaker, in a tie, would vote against a vote of no confidence in the Government. The last time that the Speaker voted in a division was in April 2019 when an vote on Brexit timetabling motion was tied by 310 to 310.

Question 17

Outline what is meant by Party Discipline

Answer 17

MPs almost always rely heavily on their political party to get elected to Parliament. MPs are thus largely beholden to their party for their position. In return for their help in getting elected, political parties expect loyalty in return. MPs are expected to ‘toe the party line’ and vote in the way that the Party Leader and his whips insist. If MPs do not do this they may have the ‘party whip withdrawn’ these means that they no longer sit as MPs for their political party. In addition, they may be deselected, meaning they cannot represent that party at the next General Election.

The is a very powerful whipping system in the House of Commons. The parties have a series of MPs known as the whips who are responsible for ensuring party discipline. Traditionally, they do this by underlining the Order Paper a number of times depending on how important it is that one of their MPs votes: One Line - MPs don’t have to attend or vote but if they do should vote in line with the party. Two Line - MPs must attend unless they are otherwise engaged. Three Line Whip - MPs must attend the vote and must vote the way the whips wish or risk punishment.

Question 18

Give Examples of MPs who have had the whip withdrawn

Answer 18

• 2022: Anne Morris - In January 2022 Anne Marie Morris had the whip withdrawn after being the only Conservative to vote for a Labour motion to cut VAT on energy bills.
• 2019: Mass Conservative Removal - In 2019 Boris Johnson removed the Whip from 21 of his MPs after they voted with the Labour Party to take control of the Parliamentary Agenda over Brexit. Those removed included former Chancellor Philip Hammond, Party Grandee Ken Clarke and the grandson of Winston Churchill, Nicholas Soames. 2020: Jeremy Corbyn -
• In October 2020 former Labour Leader Jeremy Corbyn had the whip withdrawn by Keir Starmer after he said that Antisemitism in the Labour Party was not as bad as it had been portrayed and that its portrayal was part of a political attack.
• 2003: George Galloway - In 2003 George Galloway had the Labour Whip withdrawn after encouraging British troops to defy orders during the Iraq War - which Galloway vehemently opposed. In 2005 he formed a new party, Respect, and was re-elected as an MP.

Question 19

Give Examples of MPs who have been deselected

Answer 19

Bob Wareing (Labour) – Bob Wareing was a Labour MP from 1983 until 2010. However, in 2007 he was deselected after breaking the rules on lobbying. He did not run in the 2010 General Election.

Anne Mackintosh (Conservative) – In January 2014 McIntosh lost a vote of no confidence in her local Conservative Party and was deselected as its candidate in the 2015 General Election.

Tim Yeo (Conservative) – In 2014 Tim Yeo was deselected by his local Conservative Party after it had been argued that he did not spend enough time focusing on constituency issues.

Question 20

Outline what is meant by Not all votes are whipped votes.

Answer 20

Occasionally votes will be Free Votes. These are votes on which the whips agree not to tell their MPs how to vote. These votes are rare and are usually on issues that might be considered to be moral rather than political judgements.

2015 – Assisted Dying Bill to legalise euthanasia in the UK under certain circumstances: Defeated by 330-118

2013 – Same-Sex Marriage Bill: Passed by 400-175.

2011 – Voting by Prisoners to continue denying their right to vote: Passed by 234-22

Question 21

Outline the Members of the House of Lords

Answer 21

There are three main categories of peer: hereditary peers, life peers and 26 ‘Lords Spiritual’ (Anglican archbishops and bishops) who sit in the Lords for historic reasons, as the Church of England is the official church of the British state.

Ninety-two members are hereditary peers, people (nearly all men) who have inherited a title which entitles them to sit in the Lords. The number was determined in the House of Lords Act 1999. When a hereditary peer dies, his or her successor must be elected by all the remaining hereditary peers. Although they are not professional politicians, hereditary peers in the Lords are expected to take their position seriously, attend and vote regularly, and take part in committee work.

Twenty-six members are archbishops and bishops of the Church of England. This reflects the fact that Anglican Christianity is the established religion of the UK. Recently, however, leaders of other religions which flourish in the UK have also been appointed. Church of England Bishops do not all receive a House of Lords seat, as there are only 26 seats available. The Archbishops of Canterbury and York are guaranteed seats, while the remaining 24 diocesan bishops earn their seats based on their tenure. When a seat becomes available due to death or mandatory retirement at age 70, the next eligible bishop takes their place in the Lords.

The other members of the Lords, commonly known as life peers, are appointed. Technically, life peers are appointed by the reigning monarch, but this power was given up many years ago. Unlike hereditary peers, they cannot pass their title on to their children; it dies with them. Most life peers are nominated by the prime minister and the leaders of the other main parties. This means they are political appointments and this means that they are expected to follow their party’s line on most issues. There are also non-political peers appointed on the recommendation of non-government organisations and even by members of the public. These are called cross bench peers There is a House of Lords Appointments Commission, which decides which people shall be appointed and which can also veto unsuitable nominees nominated by party leaders.

Question 22

Crossbencher Examples

Answer 22

Lord Lisvane (Robert Rogers) is a Crossbench Peer. Before entering the House of Lords he was Chief Clerk of the House of Commons. He has one of the country’s foremost experts in constitutional affairs and parliamentary procedure and contributes enormously to the work of the House of Lords on this issue.

Baroness Boothroyd is a Crossbench Peer. Before entering the House of Lords she was a Member of the House of Commons. Between 1992 and 2000 she was the Speaker of the House of Commons. She was the first female speaker in History. As a Member of the House of Lords she has been a prominent contributor to debates on parliamentary reform and has enormous experience with which to inform these debates.

There is a convention that parties are able to make nominations roughly in proportion to their strength in the House of Commons. Thus, since 2020, the Conservative Party has made more nominations than other parties. But, as life peers are appointed for life, it can take many years to change the balance of party strengths in the House of Lords

Question 23

How are Lords Appointed?

Answer 23

People appointed to sit in the House of Lords are done so through the Life Peerages Act (1958). Officially, the monarch makes appointments to the House of Lords. However, in 2000 the House of Lords Appointments Commission was established. The Appointments Commission recommends individuals for the appointment as non-party-political life peers. It also vets the nominations of political parties, to ensure the suitability of members. There are a number of mechanisms through which members of the House of Lords can be appointed: Life Peerages are given to some MPs when they leave the House of Commons at the end of a Parliament. This is informally known as being ‘elevated to the Lords’.

When a Prime Minister resigns they name a resignation honours list. This is to reward those who have supported them.

Question 24

Who are the people that Boris Johnson gave life peerage too

Answer 24

After the 2019 General Election Boris Johnson gave peerages for the following MPs who had left the House of Commons:

1. Philip Hammond – Former Chancellor of the Exchequer
2. Jo Johnson – Former Minister for Universities (and Boris Johnson’s brother) Jo Johnson served as a Junior Minister in various departments. However, it is undeniable that his appointment to the House of Lords was influenced by his brother, who held the position of Prime Minister.
3. Charlotte Owen became a member of the House of Lords in July 2023 through Boris Johnson’s resignation honours list. Her appointment sparked controversy as many questioned the basis for her elevation to the House of Lords, considering her brief role as a Special Advisor to Conservative Ministers. She was the youngest member of the House at the time of her appointment.

Question 25

Why might Peers be appointed?

Answer 25

As a means to bring people from outside Parliament into the Government

In 2005 Andrew Adonis was made a Labour Lord by Tony Blair. He immediately took a place in the government as a Minister of State for Education.

In 2007 Digby Jones was made a Lord by Gordon Brown. He was immediately made a Minister for Trade and Investment as part of Gordon Brown’s ‘government of all the talents’. He had a wide-ranging business background and had extensive experience in international trade.

Lord Frost was a Senior Diplomat and Special Advisor to Boris Johnson when he was Foreign Secretary. Boris Johnson wanted him to become a Member of the Government and so appointed him to the House of Lords in September 2020.

Question 26

Outline what is meant by getting rid of potentil backbenchers

Answer 26

John Major took over as leader of the Conservative Party from Margaret Thatcher in 1990. Margaret Thatcher remained in the House of Commons and was still widely respected and revered by the Conservative Party, many of whom were still loyal to her. In 1992 she was offered a place in the House of Lords and she stepped down from Parliament. This enabled John Major to place more distance between himself and Thatcher, who still held so much authority in the party.

▪ As a reward for political service- John Prescott was Labour’s Deputy Prime Minister between 1997 and 2007. He stepped down from this role when Tony Blair resigned as Prime Minister. In 2010 he was awarded a Life Peerage, sitting as a Labour Lord. This was due to his long service with the party. He was heavily criticised for accepting this. John Prescott had always been a strong advocate for the working class and had said that the House of Lords should be abolished. Between 2011 and 2014 Robert Rogers was the Clerk of the House of Commons. As such, he was the senior constitutional expert in the UK. As such, upon his retirement in 2014 he was appointed to the House of Lords, becoming Lord Lisvane.

▪ To bring particular expertise into the House of Lords.- These peers are often crossbenchers. In 2005 Andrew Adonis was made a Labour Lord by Tony Blair. He immediately took a place in the government as a Minister of State for Education. In 2007 Digby Jones was made a Lord by Gordon Brown. He was immediately made a Minister for Trade and Investment as part of Gordon Brown’s ‘government of all the talents’. He had a wide-ranging business background and had extensive experience in international trade. Lord Frost was a Senior Diplomat and Special Advisor to Boris Johnson when he was Foreign Secretary. Boris Johnson wanted him to become a Member of the Government and so appointed him to the House of Lords in September 2020.

Question 27

Distinguishes between legislatures in terms of their policy-making role and identify three different types

Answer 27

1. Policy-making legislatures, for example, the US Congress, which can formulate and substitute their own policy as well as modifying and rejecting proposals from the executive branch.
2. Policy-influencing legislatures, for example, the UK parliament and the German Bundestag, which can modify and sometimes reject measures proposed by the executive, but cannot formulate or substitute their own policy. The European Parliament would also fit in here.
3. Legislatures with little or no policy effect, for example, China’s National People’s Congress, legislatures in former European communist states, which had no power to formulate, modify or reject executive proposals and met when they are required to formally approve policy that has already been agreed.

Question 28

Explain how parliaments effectiveness as a legislature has been questioned

Answer 28

Indeed, Parliament is the supreme legislature in the UK, in that it can make and unmake any law it wishes (subject to the higher authority of EU law), as expressed in the principle of parliamentary sovereignty (see p. 189). Parliament is not restricted by a codified constitution, and no other law- making body can challenge Parliament’s authority. Devolved assemblies, local authorities and ministers can only make laws because Parliament allows them to. However, Parliament’s effectiveness as a legislature has also been questioned:

• The bulk of Parliament’s time is spent considering the government’s legislative programme. Only a small number of bills, private member’s bills, are initiated by backbenchers, and these are only successful if they have government support.
• Party control of the House of Commons means that government bills are rarely defeated, and most amendments affect the details of legislation, not its major principles. It is more accurate to say that legislation is passed through Parliament rather than by Parliament.
• The Lords play a subordinate role in the legislative process. It is essentially a ‘revising chamber’; most of its time is spent ‘cleaning up’ bills not adequately scrutinised in the Commons.

Question 29

Outline the main functions of parliament

Answer 29

Both the Commons and the Lords perform three main functions:
· passing legislation
· scrutiny of the executive (including debating)
· providing ministers.

In addition the Commons has the function of representing the electorate.

Question 30

Outline Passing Legislation as a main function of Parliament

Answer 30

• Parliament is the supreme legislative body in the UK, with authority to pass or amend laws on any subject. The House of Commons has exclusive power to give consent to taxation — as the elected chamber it represents the public, and the Lords is not allowed to interfere with the passage of what are known as `money’ bills. The Lords has the right to amend non-financial legislation.
• Most legislation is initiated by the government and there is limited opportunity for backbench and opposition MPs to propose measures of their own. Parliament mostly reacts to measures put before it by the executive, rather than developing its own legislative proposals, and it is rarely able to defeat or significantly amend legislation. To succeed, this requires solid opposition from the opposition parties, combined with rebels on the government side. An example is David Cameron’s defeat in March 2016 on plans to extend Sunday trading, when Labour and the SNP joined with Conservative dissidents.
• The adversarial nature of the party system, in which the opposition constantly confronts and challenges the government, is reinforced by the work of the party whips. They are responsible for ensuring that MPs attend parliamentary votes (known as divisions') and for granting leave of absence if their vote is not essential. They issue MPs with a written instruction to attend —also known as a whip’ — which indicates how important it is for an MP to be present. The most important votes are underlined three times and these occasions are therefore known as a three-line whip’. Less important requests for attendance may be underlined just once or twice. Government whips may offer the prospect of ministerial posts in order to encourage and reward loyalty. Whips can also impose sanctions on those who do not accept the party line. Persistent rebels may have the whip withdrawn, meaning that they are effectively suspended from the party and have to sit as an independent. This can also happen in cases of misconduct where it is felt that an MP has damaged the party’s reputation. Smaller teams of whips operate in the Lords.
• Governments can use the argument of overriding necessity to push through legislation. The 2005 Prevention of Terrorism Act, which introduced control orders for individuals suspected of terrorist offences, completed all its stages in just 18 days. On the other hand, only a small number of bills are so poorly drafted that they are virtually unworkable. The usual example given is the 1991 Dangerous Dogs Act, which was passed in response to a series of tabloid stories about dog attacks. Critics argued that, instead of prohibiting certain breeds of dog, it should have targeted irresponsible owners. A review by the RSPCA, 25 years later, showed that of 30 deaths caused in that period by dogs, 21 involved breeds that were not specified in the act.

Question 31

Outline parliamentary scrutiny as a function of Parliament

Answer 31

Parliament has a responsibility to exercise oversight of the executive’s actions. The opposition seeks to hold the government to account and to expose its errors. Ministers have a duty to explain and defend their policies in Parliament. Most senior ministers sit in the Commons, where the main action of politics takes place. Theresa May’s Cabinet, appointed in July 2016, contained only one member of the Lords (the Leader of the Lords, Baroness Evans), which is typical of recent practice. However, most government departments are represented in the Lords by a junior minister, whose role is to oversee the passage of business through the upper house.

There are a number of ways in which the function of scrutiny is performed. The most important are:
* Questions to ministers, which may call for oral or written answers. Prime Minister’s Questions, a weekly question-and-answer session in the chamber of the Commons, has been criticised for being unduly theatrical and largely a point-scoring exercise dominated by the PM and the leader of the opposition.
* Select committees, which shadow individual government departments in the Commons.
* Debates, which can be impressive set-piece events, such as the August 2013 House of Commons debate in which the Cameron government was defeated on its proposal to undertake military action in Syria. Since 2010 the creation of the Backbench Business Committee has given MPs more power to shape the agenda by allowing them to choose the topic for debate on one day per week. Debates in the Lords are often given credit for their high quality, with participants commonly including recently retired individuals with expertise in a particular field, but they rarely influence the course of events.

Question 32

Outline providing ministers as a function of Parliament

Answer 32

In a parliamentary system of government, the convention is that ministers must sit in one of the two houses. Parliament acts as a recruiting ground for future ministers, with the whips making recommendations to the prime minister on suitable candidates for promotion. The prime minister possesses wide powers of patronage.

The award of a peerage can on occasion be used to secure the services of a particular individual as a minister, if that person is not an MP. For example, following the 2008 financial crisis, Gordon Brown recalled Peter Mandelson from the European Commission, appointing him to the Lords so that he could serve as Business Secretary.

Question 33

Outline Representing the electorate (the Commons only) as a function of Parliament

Answer 33

The Commons has a representative function since it is the elected house. The Lords is representative only in the sense that it contains people with a wide range of professional backgrounds, but this aspect is not organised systematically. By long-standing tradition, MPs are not delegates of their constituencies — they use their judgement on how to vote, rather than taking instructions from those who elect them. The first-past-the-post system means that there

is a strong link between an MP and his or her constituency. MPs are expected to respond to issues raised by individual constituents and to stand up for local interests at Westminster. For example a number of the 44 MPs who voted against plans for the London to Birmingham High Speed Rail link (H52) in March 2016 represented constituencies that would be affected by the planned route.

If an MP does not fulfil the expectations of the local electorate, the voters have a right to choose a different representative at the next general election.

Question 34

How effectively does Parliament perform its representative function?

Answer 34

One concern is that an MP’s loyalty to his or her party, reinforced by the desire to win promotion to the government, may come into conflict with the need to represent a constituency. However, skilful MPs are good at reconciling the two roles. The ministerial code, which regulates the conduct of ministers, advises them to take care to avoid conflicts of interest. But they are allowed to make representations to colleagues in government, as long as they make it clear that they are acting as their constituents’ representative and not as a minister. For example in 2006 Hazel Blears, a member of Tony Blair’s Cabinet, supported protests against a planned closure of part of a hospital in her Salford constituency.

Another issue is that, although there has been considerable improvement since the 19805, the Commons is still not truly representative of society as a whole. 29 per cent of MPs elected in May 2015 were female — an increase on the 2010 figure, which was 23 per cent — compared to 51 per cent of the UK population. Similarly ethnic minority MPs make up 6 per cent of the Commons, compared to 13 per cent of the population. A pattern has also been developing in recent decades in terms of the class and occupational background of MPs.

Question 35

Outline the relative powers of both chambers (House of Commons and House of Lords)

Answer 35

The relative powers of the two chambers reflect their different functions (such as the Commons’ role in confidence and supply) and legitimacy. The Commons has primacy because it has the democratic legitimacy which the Lords lacks. However, it is helpful to consider two aspects of legitimacy:
* Input legitimacy concerns the composition of an institution and its responsiveness to citizens’ concerns as a result of participation by, and representation of, the people.
* Output legitimacy concerns the quality and effectiveness of an institution’s performance and outcomes for the people.

The Commons has input legitimacy because of its composition (it is directly elected and accountable to voters), whereas the Lords has output legitimacy because of what it delivers (its scrutiny and revision produce better quality legislation).

Question 36

Outline The exclusive powers of the House of Commons

Answer 36

Most of the powers and functions of Parliament are shared by the two houses. There is one important area, however, where the Commons has exclusive authority — to give consent to taxation and public expenditure. Since the Commons represents the taxpayer, there is a tradition that although the Lords debates money bills, it cannot interfere with them. For this reason the Chancellor of the Exchequer is obliged to sit in the Commons, where the annual budget is always presented.

Another area where the Commons can exercise power is the situation known as confidence and supply. This can occur in the event of a minority government, where the governing party does not join a formal coalition, but relies on a limited agreement with another party (or parties) to keep itself in office. This means that the supporting party will provide backing on a vote of no confidence, and will vote through the government’s budget (the ‘supply’ part of the arrangement). In return the smaller party will receive certain concessions. It is an agreement that is more flexible (and thus less stable) than a full coalition. This happened in 1977-78, when James Callaghan’s minority Labour government concluded the lib–Lab Pact’ with the smaller Liberal Party. There was talk of the SNP supporting a minority Labour government on these terms, had the 2015 election resulted in a hung Parliament. It happened again in 2017 when Theresa May’s government lost it majority and agreed a confidence and supply arrangement with the DUP.

Question 37

Outline the Main powers of the House of Lords

Answer 37

The Lords is definitely less powerful than the Commons, as suggested by one of its informal alternative names, the ‘second chamber’. Since the early 20th century, when the UK started to become more democratic, its powers have been limited by both law and convention. It is widely accepted that this is appropriate, since it lacks the democratic legitimacy of an elected chamber.

The most important legal restraints on the power of the Lords are provided by the Parliament Acts of 1911 and 1949. The first of these came about when the Lords broke with the convention, established since the late 17th century, that they should not interfere with matters of taxation. Aristocratic outrage at new taxes on land and wealth, proposed in the Liberal government’s `People’s budget’ of 1909, led the Lords to break with this tradition. By rejecting the budget they brought about a prolonged constitutional crisis, which was resolved by the passing of the Parliament Act two years later

The power of the Lords is also constrained by the 1945 Salisbury convention, a convention agreed shortly after the election of the Attlee government. Named after the Conservative opposition leader in the upper house, Lord Salisbury, the convention stated that the Lords would not oppose a bill that gave effect to a commitment contained in the manifesto of the winning party at a general election. The convention was a response to the election of Britain’s first majority Labour government, which was committed to a radical reforming programme.

Question 38

Outline the Distinctive powers of the House of Lords

Answer 38

The Lords, then, has the following distinctive powers:
* It acts mainly as a revising chamber, proposing amendments to government legislation, which it is up to the government to decide whether to accept or reject.
* It can delay non-financial legislation for 1 year
* The only scenario in which the Lords retains its veto is an extremely unlikely one: if a government were to attempt to prolong the life of Parliament beyond its legal maximum term of 5 years, the Lords is legally empowered to force it to hold a general election

Question 39

Outline the Debates about the relative powers of the two houses

Answer 39

Although the formal powers of the Lords are quite restricted, as with so much else in British politics, what the upper house can actually do depends to a large extent on the particular circumstances of the time. In recent years some commentators have argued that the Lords is becoming more assertive in its relationship with the elected chamber.

Question 40

Outline the House of Lords reform

Answer 40

The removal of most hereditary peers from the Lords in 1999 meant that the upper house was now dominated by life peers, who had mostly been appointed for service in different walks of life. This increased the Lords’ sense of legitimacy. Life peers were also more likely to play a regular part in the work of the House, whereas many hereditary peers rarely appeared at Westminster. As a result the reformed House was more inclined to challenge the government.

Another consequence of the departure of most hereditary peers was that the traditional dominance of the House by the Conservative Party came to an end. No party now has overall control of the Lords and so careful management of the House has become more important for governments. Liberal Democrat peers demonstrated growing independence during the period of the New Labour government. For example, after the 2005 general election, they opposed Tony Blair’s proposals for identity cards, even though this policy had been announced by the Labour Party in advance. They argued that the Salisbury convention no longer applied because the government had been re-elected on a very low share of the popular vote (only 35.2 per cent). The formation of the coalition government in 2010 cast further doubt on whether the Salisbury convention still applied. This was because the government programme was based on a coalition agreement — between the Conservative and Liberal Democrat leaders — that had never been put to the voters.

Cross-bench peers also began to play a more important role in holding the government to account. As neutral figures, they are more likely to assess a bill on its merits and to decide accordingly whether to support or oppose the government. For example the cross-bench peer Lord Owen, a former doctor, played a leading role in opposing the coalition government’s controversial Health and Social Care Bill. The measure was passed in March 2012 after the government accepted all the amendments proposed in the Lords.

Question 41

How does the Commons maintain its supremacy?

Answer 41

Although the Lords is clearly more assertive, the Commons remains the dominant house. The two houses are not always in conflict with each other — in fact, many amendments in the Lords are sponsored by the government itself, on occasions when it belatedly notices flaws in its own legislation. But when clashes occur, the government can usually make use of its majority in the Commons to overturn critical Lords amendments if it chooses to do so. In February 2012, for example, the coalition government rejected seven amendments to its Welfare Reform and Work Bill, arguing that only the Commons was entitled to take decisions with large financial implications.

A bill can go back and forth between the two houses in a process known as ‘parliamentary ping pong’. An extreme example of this was the debate between the two houses on the 2005 Prevention of Terrorism Bill, which introduced control orders. This entailed a marathon sitting of 30 hours. The Lords wanted the bill to include a ‘sunset clause’ — in other words it would automatically expire after a year unless further legislation was passed to renew it. In the end it is up to the government to decide whether to accept or reject any changes proposed by the Lords. In the case of the Prevention of Terrorism Bill, the Lords backed down following a compromise: the government promised a review a year later.

If the upper house maintains its opposition to the Commons, as a last resort the government can use the Parliament Act to force a bill through. This is rare, but it was used three times by the Blair government:
· changing the voting system for European Parliament elections (1999)
· equalising the age of consent for gay and heterosexual people (2000)
· banning hunting with dogs (2004).

In practice, the Lords will usually drop its opposition after making its point, recognising that it lacks the democratic legitimacy needed to push its case further. The following case study illustrates the willingness of the Lords to take a stand on an issue, but also the self-restraint that usually prevails in clashes between the two houses.

Question 42

Briefly outline The process of a bill becoming an Act of Parliament

Answer 42

1. Initial stage
2. First reading
3. Second reading
4. Commitment stage
5. Report stage
6. Third reading
7. The second chamber
8. Royal Assent

Question 43

Outline what happens in the Initial Stage of the process of a bill becoming an Act

Answer 43

‘Draft Bills’ are issued for consultation before being formally introduced to Parliament. This allows proposed changes and amendments to be made before the Bill’s formal introduction. Almost all of these are created by the Government. Most Draft Bills are examined either by select committees in the Commons or Lords or by a joint committee of both Houses. The consultation process on Draft Bills may involve the government issuing a paper for public consideration, for example White Papers (ideas for a specific policy) and Green Papers (more general ideas for a future policy).

Question 44

Outline what happens in the First Reading and Second Reading in the process of passing of bill to becoming a law

Answer 44

First Reading- the bill is introduced (read out) to Parliament, with no debate or voting.

Second reading: a full debate takes place considering the details of the bill, which can be defeated at this stage.

Question 45

Outline what in the Committee stage and Report Stage in the passing of bill to becoming a law

Answer 45

Committee stage: the bill in considered in detail by a public bill committee (around 18 MPs). Some bills may be considered by the whole chamber (Committee of the Whole House). Amendments can be made at this stage. If the bill only impacts England, the committee will be made up of English-based MPs.

Report stage: the committee reports its findings, and any amendments, to the Commons, which can amend or reverse any changes.

Question 46

Outline what is meant in the Third Reading and the Second chamber in process of the passing of bill to becoming a law

Answer 46

Third reading: this is another full debate of the bill, but no amendments can be made. Usually bills will be passed at this stage.

The second chamber: once passed by the Commons, the same process takes place in the House of Lords. Sometimes bills may start in the Lords before going through the Commons.

Question 47

Outline what is meant by the Royal Assent in the process of passing of bill to becoming a law

Answer 47

Royal Assent: once passed by both chambers, the bill is given to the monarch to grant Royal Assent. Once this happens, the bill becomes law.

The majority of bills are proposed by the government and are known as ‘Public Bills’ and are usually successful at being passed into law. Another type of bill is a Private Members’ Bill. These are introduced by MPs or Lords who are not government ministers. A minority of Private Members’ Bills become law but, by creating publicity around an issue, they may affect legislation indirectly. Like other Public Bills, Private Members’ Bills can be introduced in either House and must go through the same set stages. However, as less time is allocated to these Bills, it is less likely that they will proceed through all the stages.

Question 48

How the Commons and Lords interact during the passing of laws

Answer 48

Lords are able to propose amendments for consideration by the Commons. The Commons can adapt these amendments, or reject them (as in the Article 50 bill example). The Lords can then argue against the rejection- this may result in a process known as ‘ping-pong’, where a bill goes back and forth between the two chambers. The Lords will generally accept the bill eventually but can delay it by up to a year. If there is a division between the two, the Commons takes priority, as it is democratically legitimate. Exceptions are bills outlined in a government’s manifesto (the Salisbury convention) and money bills, which will not generally be delayed by the Lords. An exception to this was when the Lords voted to delay proposed government cuts to tax credits in 2015, which Chancellor George Osborne suggested ‘raised constitutional issues’. If there is a coalition, the Salisbury convention may be weakened, as manifesto commitments may be amended or abandoned during the formation of a coalition.

Question 49

Outline arguments that Backbencher MPs have a significant role in Parliament

Answer 49

1. They can introduce Private Members’ Bills which may become laws
2. ‘Ten Minute Rule Bills’ are an opportunity for backbenchers to voice an opinion on a subject or aspect of existing legislation. MPs make speeches of no more than ten minutes outlining their position, which another Member may oppose in a similar short statement. This can raise the profile of a particular issue
3. They can carry out detailed scrutiny of government bills and policy, through working on public bill and select committees
4. They can pose questions to government ministers during Question Time
5. They can examine government actions through debates in the Commons
6. They can write questions to ministers, who must provide a response
7. They can raise concerns of their constituents and bring them to the government’s attention
8. They can use parliamentary privilege- this grants legal immunities for MPs and peers to allow them to perform their duties without interference from outside of the House

Question 50

Outline arguments that backbenchers do not have a significant role in parliament

Answer 50

1. Private Member’s Bills very rarely become law, so most of a backbencher’s time is spent considering government bills
2. When it comes to scrutiny, government whips limit role of their backbenchers, limiting their independence and significance
3. When debating, there is a limited time available to discuss issues in detail, and debates often have little direct impact on legislation
4. MPs could represent the people better- they are often elected with less than 50% of the vote in their constituencies, and the views of women and minority groups could be argued to be not properly represented
5. Question Time is often weak and ineffective

Question 51

Outline the reasons why select committees have a significant role in challenging the executive

Answer 51

They scrutinise government policy, shadowing the work of major government departments. They do this by carrying out inquiries, writing reports, carrying out question and answer sessions (through which they can call witnesses, including government ministers), and ask to see government papers

Question 52

Outline the reasons why that select committees restrict in challenging the executive

Answer 52

1. The government has a majority on the committees, reflecting their Commons majority, so can dominate them (although the chairs of select committees are elected by Parliament as a whole)
2. Whips control individual appointments to the committees, meaning loyal MPs can be placed on them
3. Select committees can criticise government policy, but cannot change it

Question 53

Outline Question time

Answer 53

The best-known example of this is PMQs (Prime Minister’s Questions)- this takes place every Wednesday from 12-12.30pm.

Question Time has a role to play in scrutinising the government because:
1. The Prime Minister (or whichever minister is being questioned) must answer questions on subjects which they (in theory) are not aware of, and must justify and explain their actions, which holds them to account
2. During PMQs, the opposition leader can ask supplementary questions, allowing them more opportunity to scrutinise the PM
Question Time is argued to be ineffective, because:

Questions are often not properly answered by the PM/ministers
1. It is often described as an example of ‘Punch and Judy’ style politics, whereby the PM and opposition leader try to embarrass each other and score cheap political points, rather than it being proper meaningful scrutiny
2. The raucous (perhaps boorish) nature of Question Time, PMQs particularly, damages the reputation of Parliament and politicians in the eyes of the public