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Public Law > Parliament > Flashcards

Parliament Flashcards

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1
Q

Who are the prominent members of parliament other than pm/cabinet?

A

Speaker
Deputy speakers
Leader of the house
Shadow leader of the house

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2
Q

What disciplinary functions does the speaker have?

A

Directing an mp to withdraw abusive/denigrating remarks
Suspending sitting of house due to serious disorder
Suspending deliberately disobedient MPs
Ordering MPs to be quiet

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3
Q

What does the speaker consider when deciding who to call to speak in debates?

A

Official spokesperson from govt/opposition when starting and finishing
MP specific interest
MP seniority/previous contribution
Time
Rights of parliamentary minorities

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4
Q

What principles maintain impartiality when speaker is deciding which amendments to debate?

A

Protection of parliamentary minorities
Out of order = not debated
Amendments of same issue debated together

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5
Q

What is a speakers ruling?

A

Speaker deciding interpretation of parliamentary rules and procedures

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6
Q

What are standing orders?

A

Speaker ensuring correct application of parliamentary rules

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7
Q

Who is the principle deputy speaker?

A

Chairmen of ways and means

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8
Q

What are the roles of the principle deputy speaker?

A

Supervising arrangements for sittings in Westminster hall
Oversight of matters connected with private bills
Chair of panel of chairs
Presiding over annual budget debate

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9
Q

Do speakers and deputies resign?

A

Speaker - yes
Deputy - no but withdraw active political role

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10
Q

What are the duties of the Leader of the House?

A

Scheduling business
Chairing Parliamentary Business and Legislation Committee
Deputising for PM

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11
Q

What is the key responsibility of the whip?

A

Ensuring maximum number of party members participate in voting in support of party/enforcing discipline generally
Counting votes
Arranging business

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12
Q

Who are the prominent members of the HoL?

A

Lord Speaker
Senior Deputy Speaker
Leader of the HoL
Black Rod

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13
Q

Where are the rules governing the business of the Commons derived from?

A

Ancient usage (Convention)
Standing orders passed by house following a vote
Rulings of the speaker

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14
Q

What is Standing Order 14?

A

Government business has precedence in the parliamentary timetable

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15
Q

How are urgent questions asked?

A

MP requests to speaker
Speaker grants if urgent + public importance
Minister comes to Commons to explain government’s position
HoC Twitter feed updates

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16
Q

What are ministerial statements and how can they be made?

A

When something urgent that govt needs to bring to attention of Commons
Oral statement after oral/urgent questions
Written for more prosaic aspects

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17
Q

What is the process of debates?

A
  1. MP/Lord moves motion
  2. Speaker puts question to house in terms of motion
  3. MPs/Lords take turn to speak
  4. Vote by calling out aye/no
  5. Division if no clear result
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18
Q

When should Hansard be used to construe legislation?

A

When the legislation is ambiguous, obscure or its literal meaning is absurd

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19
Q

What is parliamentary legitimacy?

A

Parliament has received a democratic mandate from citizens who voted for MPs and is accountable to them

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20
Q

What happens if an MP is arrested on suspicion of a criminal offence?

A

Need not inform speaker as long as it doesn’t affect attendance in Parliament

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21
Q

What happens if an MP is convicted but released on bail pending appeal/fined?

A

The judge/magistrate does not need to inform the speaker

22
Q

What happens if an MP is convicted and sentenced to imprisonment?

A

Judge/magistrate will inform speaker by letter

23
Q

What happens if an MP is sentenced to over a year in prison?

A

Disqualified from sitting and voting in Commons or its committees

24
Q

What is the first rule of conduct (Commons)?

A

consideration of public interest - avoid conflict of interest and resolve in favour of public interest

25
Q

Who investigates breaches of the house of commons code of conduct?

A

Parliamentary Committee on Standards

26
Q

What is the most serious form of punishment in the commons?

A

Expulsion

27
Q

Who is responsible for the regulation and payment of expenses of members of the commons?

A

Independent Parliamentary Standards Authority

28
Q

What is the remit of the parliamentary committee on standards?

A
  • Overseeing parliamentary commissioner for standards
  • Examining commissioner’s proposed arrangements for register of members’ financial interests/other registers of interest
  • Considering conduct of members inclduing specific complaints on breaches of code of conduct
  • Recommending modifications to the code of conduct
29
Q

What is the role of the Parliamentary Commissioner for Standards?

A
  • Provide advice
  • Investigate allegations that MP broke code of conduct
  • Decide complaints re harassment, bullying, sexual harassment
  • Review code pf conduct
  • Keep register of members’ financial interests
30
Q

What are the powers of the Parliamentary Committee on Standards?

A
  • order copies of relevant papers, records, documents
  • order the attendance of any MP
  • decide whether to hear evidence in public or private
31
Q

What happens if the PCS prove that the code of conduct was breached?

A

Adverse report is sufficient OR
Recommend that the MP apologise in writing or in person OR
Suspension for a specified number of sitting days (no salary) OR
Expulsion

32
Q

Who appoints Lords?

A

Nominally the King on advice of PM
HoL Appointments Commission

33
Q

Who enforces the HoL code of conduct?

A

House of Lords Commissioner for Standards

34
Q

What matters are outside the remit of the HoL Commissioner for Standards?

A
  • policy matters/members views
  • non-parliamentary activities
  • conduct in ministerial capacity
35
Q

What are the sanctions for lords?

A

Suspension
Denial of access to financial support
Expulsion

36
Q

What is parliamentary privilege?

A
  • right of each house to control it’s own proceedings and precincts
  • freedom of speech
  • freedom from arrest
37
Q

What are the two B-road types of parliamentary committee?

A

Select
Legislative

38
Q

What do select committee tasks include?

A

Scrutinising govt departments
Examining expenditure
Procedures
Domestic administration

39
Q

What are the requirements of commons select committees

A

Most chairs selected by fellow MPs
Min 11 selected by internal party election
Reflects party balance of house

40
Q

What are the requirements of lords select committees?

A

Chairs appointed by house on the proposal of the committee of selection
Members usually proposed by CoS and voted by house
No fixed number/rules on political balance

41
Q

When does the govt reply to select committee reports?

A

Within 60 days

42
Q

How can select committees influence the direction of govt?

A
  • reports
  • media attention
  • encouraging ministers
43
Q

What are the four joint committees?

A
  • human rights
  • national security strategy
    *statutory instruments
  • consolidation bills
44
Q

What are the powers of the commons select committees?

A

To send for persons papers and records (summon and examine witnesses)

45
Q

Who cannot be summoned by select committees?

A

Civil servants
MPs
Ministers
Lords

46
Q

What is a bill?

A

A proposal for new legislation or proposal to change existing law

47
Q

How can a bill be proposed?

A
  • by govt
  • by MP (private members bill)
  • by Lord (private peers bill)
48
Q

What are the different procedures for statutory instruments?

A

Affirmative resolution
Negative resolution
Joint Committee on Statutory Instruments

49
Q

What are the stages of a bill?

A

First reading
Second reading
Committee stage
Report stage
Third reading
Ping pong
Royal assent

50
Q

What is the parliament act procedure?

A

A bill sponsored by govt can be sent for royal assent without lords approval if they refused to consent for one year

Public Law (8 decks)

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