Parliament

Question 1

What are shadow ministers?

Answer 1

Counterparts to government ministers in the opposition.

Question 2

Who has control over which amendments to bills can be debated and voted upon?

Answer 2

The Speaker.

Speaker is meant to be impartial.

Speaker influences but does not fully control what is debated in Parliament; control how long debates last; determine which MPs should speak

Question 3

What are ‘Standing Orders’

Answer 3

Speakers responsible for ensuring the correct application of parliamentary rules = SO

Question 4

What are speaker’s rulings

Answer 4

definitive interpretations of parliamentary rules and procedures by the Speaker.

Speaker will draw on advice from the Clerk of the House and Deputy Speaker but up to the Speaker to make the ultimate decision.

Question 5

How is the Speaker’s role governed?

Answer 5

Convention.

If MPs vote to criticise (or ‘censure’) the Speaker’s behaviour, the Speaker would come under pressure to resign but is not automatically dismissed from their post.

Question 6

Who are Deputy Speakers?

Answer 6

3 Deputy Speakers elected by HoC.

Deputy Speakers do not resign from their parties but they do withdraw from any active political role.

Question 7

What is the role of the Leader of the House of Commons?

Answer 7

government minister whose main responsibility is to organise government business in the House. This consists principally of:

• Scheduling business (e.g. bills for debate).
• Chairing the Parliamentary Business and Legislation Committee.
• Deputising for the Prime Minister in some circumstances, if the Deputy Prime Minister or First Secretary of State is unable to do so (or there is no one operating in that role).

The Leader of the House works closely with the Chief Whip (Parliamentary Secretary to the Treasury). Whips are MPs or Lords appointed by each party in Parliament to manage their party’s contribution to parliamentary business

Question 8

What are whips responsible for?

Answer 8

• Shaping their parties’ contribution to the business of both Houses of Parliament
• counting votes
• arranging the business of Parliament

Question 9

What is the role of the Lord Speaker in HoL?

Answer 9

chairs daily business in the House of Lords and gives procedural advice and assistance.

Question 10

Who is the Leader of the HoL?

Answer 10

A minister and member of Cabinet.

Most senior representative of the government in the Lords.

Leads a team of around 25 whips in the Lords.

Question 11

Are parliament’s procedural rules binding?

Answer 11

no but still respected by all parliamentarians

Question 12

What is the presumption in favour of government business

Answer 12

government business takes precedence in the parliamentary timetable.

Reflected in Standing Order 14.

This does not have legal force but is the means by which the government of the day is able to control the business of the Commons. This is effectively by consent, but the Commons can vote to disapply SO 14, as occurred on 25 March 2019 during the protracted ‘Brexit’ debates.

Question 13

How long do parliamentary sessions usually last?

Answer 13

1 year

can last longer such as the 2017-2019 session

Question 14

Who will usually intervene to resolve procedural disputes?

Answer 14

Speaker.

e.g:

 Whips from opposing parties cannot reach agreement on procedure
 Backbenchers feel their concerns are not getting enough parliamentary time

Question 15

What is an ‘urgent question’ and when will it be put forward?

Answer 15

When an MP wants to ask a minister about an important matter requiring a quick response.

Request will be put to Speaker for an Urgent Question.

Speaker will grant application if matter is (i) urgent, and (ii) of public importance.

Question 16

What is a ministerial statement and when is it made?

Answer 16

Something urgent and important that the government needs to bring to the attention of the House of Commons.

Relevant Minister may make an oral statement to the House.

This process is used after, for example, a major public incident.

Ministerial statements are made after Oral Questions and any Urgent Questions. MPs then have the opportunity to ask the Minister questions. These are not tabled in advance; the order of questions is determined by the Speaker.

Ministerial statements to Parliament may also be made in writing. These address more prosaic aspects of government business, for example the publication of reports by government agencies, and detailed financial information.

Question 17

What is a ‘division’

Answer 17

where there is no clear result when voting on whether government should take action on a particular issue.

If the Speaker (or Lord Speaker) cannot determine a clear result from hearing MPs (or Lords) shout “Aye” or “No” following a debate, they will call a division.

means that members register their vote by walking into two different corridors on either side of their respective Chambers. These are called ‘division lobbies’.

Division lobbies are called the ‘Aye’ and ‘No’ lobbies in the Commons, and the ‘Contents’ and ‘Not Contents’ lobbies in the Lords.

Members are counted and their names recorded as they pass through the lobbies. If you have watched any parliamentary debates, you will know that the process takes around 15 minutes.

The result of the vote is announced by the Speaker (or Lord Speaker).

Question 18

What is a Hansard?

Answer 18

name given to the transcripts of parliamentary debates and the record of written questions and answers.

Also lists how members have voted in divisions.

Question 19

Can statements made in parliament by ministers or other promoters of a bill (as recorded in Hansard be referred to in court to construe that legisaltion?

Answer 19

Yes but only if the wording of the legislation is ambiguous, obscure, or its literal meaning is absurd.

Question 20

what are the 2 categories of parliamentary committees?

Answer 20

1. Select committees
2. Legislative committees

Question 21

What is the function of select committees?

Answer 21

Parliamentary committee.

scrutinise many different areas of government activity and conduct. These have a permanent membership.

Question 22

What is the function of legislative committees?

Answer 22

Parliamentary committee.

scrutinise proposals for specific pieces of legislation, including delegated legislation and private bills. The most common form is a Public Bill Committee.

Question 23

What is the basis of parliamentary legitimacy?

Answer 23

is based on the idea that Parliament has received a democratic mandate from the citizens who voted for its members (MPs), and therefore that Parliament is accountable to the people.

Remember that Parliament is not the government (executive). There is significant overlap between the two in terms of personnel but the question of the democratic legitimacy of government raises distinct considerations.

Question 24

Does an MP who is arrested on suspicion of a criminal offence need to inform the Speaker?

Answer 24

no, as long as it does not affect their attendance in Parliament

Question 25

If an MP is convicted but released on bail pending appeal, or fined - does the judge or magistrate need to inform the Speaker?

Answer 25

No.

Question 26

If an MP is convicted and sentenced to imprisonment of any length of time - does the judge or magistrate need to inform the Speaker?

Answer 26

yes, judge or magistrate must inform Speaker by letter.

Question 27

If an MP is sentenced to over a year in prison, can they continue to sit and vote in HoC or its committees?

Answer 27

No, they are disqualified.

Question 28

What is the overarching purpose of the Code of Conduct for Members of Parliament?

Answer 28

to “[ensure] public confidence in the standards expected of all Members and in the commitment of the House to upholding these rules”.

The Code states that it applies to Members in “all aspects of their public life” but not in their “purely private or personal lives”.

avoid conflict between private and public interests and if there is a conflict, to choose public interest.

Question 29

Are members of the HoL elected?

Answer 29

no, appointed.

Question 30

Which is the most serious sanction for a member of the HoL or HoC?

Answer 30

expulsion

Question 31

What is parliamentary privilege?

Answer 31

the range of freedoms and protections that both Houses require in order to function effectively.

Question 32

What are the 2 main features of parliamentary privilege?

Answer 32

-> The right of each House to control its own proceedings and precincts.

For example, when the House of Lords Commissioner for Standards investigates a misconduct complaint, the evidence (e.g. relevant documents) becomes subject to parliamentary privilege and must remain confidential until released by the Commissioner.

-> The right of those participating in parliamentary proceedings to speak freely without fear of legal liability.

Article 9 of the Bill of Rights 1689 provides that proceedings in Parliament are not to be “impeached or questioned in any court or place out of Parliament”. This privilege continues to this day. An example of its application is the ability of MPs to make what would otherwise be defamatory comments during a debate in the House, without risk of legal liability.

MP A would not be liable to a civil claim.

Question 33

In the case of R v Chaytor & Ors [2010], what did the Supreme Court say was not to be included in parliamentary privilege?

Answer 33

The expenses claimed by MPs did not qualify for the protection of privilege.

This meant that they could be tried for claims in false accounting.

Expense claims not deemd to be part of the core or essential business of parliament.

Question 34

What is the ‘freedom from arrest’ privilege?

Answer 34

Members may not be arrested without order or sentence of the House, except on a criminal charge or for a criminal contempt of court.

There remain today very few arrestable civil offences, and the Joint Committee on Parliamentary Privilege has recommended that members’ freedom from arrest in civil cases should be abolished.

The privilege has current practical application in that it exempts members from summons as a witness in court. Members may, however, choose to attend court voluntarily even when Parliament is sitting.

Question 35

What two parliamentary committee help safeguard the principle of government scrutiny by Parliament?

Answer 35

1. Select committees

• longer-term membership and scrutinise governmental activities and polices;
• operate in both the HoC and HoL
• usually established under Standing Orders (parliamentary rules)
• Select committees provide Parliament with a way of increasing its capacity to scrutinise the government away from the Commons chamber. Select committees are cross-party (including MPs and/or Lords from both sides of the House).
• issue select committee reports which may criticise government policies and are hard to ignore; government must reply to all select committee reports within 60 days

2. Legislative committees -> usually Public Bill committees) scrutinise individual pieces of proposed legislation.

Question 36

What is a joint select committee?

Answer 36

Has members from both houses.

4 JSC:

1. JC on Human Rights
2. JC for National Security Strategy
3. JC on Statutory Instruments
4. JC on Consolidation Bills

Question 37

How can the government propose a bill?

Answer 37

• must submit a bid for the bill to Parliamentary Business and Legislation Committee (PBLC) of the Cabinet, chaired by the Leader of the House of Commons.
• PBLC decides if bill will proceed to parliament

Question 38

What is Affirmative resolution procedure?

Answer 38

Where Statutory Instruments are debated and approved by both Houses of Parliament

Question 39

What is Negative resolution procedure?

Answer 39

Where a Statutory Instrument does not need active approval from Parliament.

Automatically becomes law unless either House passes a motion to reject (usually within 40 days)

Question 40

How long does a House usually have to reject a negative resolution procedure SI.

Answer 40

40 days

Question 41

Does all Secondary legislation need to be put to Parliament for consideration?

Answer 41

No.

Depends on the procedure mandated by the primary legislation (“parent”).

Affirmative -> yes
Negative -> no

Question 42

At which stage of passing a Bill is there the most detailed scrutiny of the Bill?

Answer 42

Committee stage.

Question 43

Can amendments to a Bill be made at the Report Stage and Third Reading?

Answer 43

No.

Only amendments proposed at the Committee Stage are discussed.

Question 44

What is ‘ping pong’ in parliamentary terms?

Answer 44

Between HoL and HoC.

If bill is amended in the second House -> must return to the first House for those amendment s to be considered.

If bill is sent back and teh amendments are rejected/ changes are demanded -> bill is moving back and forth between the two houses = ping-pong

Question 45

What is meant by the ‘commencement date’ of an Act of Parliament

Answer 45

the date where it comes into force.

(note: often different to when it was passed/ received royal assent)

Question 46

What is a Private Member’s Bill (PMBs)

Answer 46

proposals for primary legislation introduced by MPs and Lords who are not government Ministers.

Like 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 in practice that they will proceed through all the stages.

In the Commons, Private Members’ bills have precedence over government business on thirteen Fridays in each parliamentary session.

Private members’ bills have on occasion made very significant changes to the law. Examples:

o The Murder (Abolition of the Death Penalty) Act 1965 was introduced as a PMB by Sydney Silverman M.P.
o The Abortion Act 1967 was introduced as a PMB by David Steel M.P. but was then backed by the government.
o The Sustainable Communities Act 2007 introduced legislation intended to help reverse the trend of community decline, also called ‘Ghost Town Britain’.

Question 47

What procedure can be used to bypass the Lords?

Answer 47

Parliament Act Procedure

aolished any power of the House of Lords to veto any public Bill introduced in the House of Commons other than a bill containing any provision to extend the maximum duration of Parliament beyond five years or a Bill for confirming a provisional order.

Question 48

By convention, where do bills on constitutional matters start?

Answer 48

Commons

Question 49

At which stage are the main principles of the bill debated?

Answer 49

Second reading

Question 50

If the Lords refuse to pass a government-sponsored bill for a period of x years, the Parliament Act 1949 provide for the Lords to be bypassed and the bill sent for royal assent. What is the x period?

(Parliament Act Procedure)

Answer 50

1 year

Question 51

Can parliament legislate contrary to international law?

Answer 51

yes

Also affirmed in common law such as of Mortensen v Peters and Cheney v Conn where the UK courts have clearly enforced the UK statute rather than international law.

Question 52

Is parliament bound by its predecessors?

Answer 52

no

due to the absence of entrenchment as a constitutional safeguard

reflection of the traditional view that sovereignty takes a ‘continuing’ form, and that each new Parliament (with a fresh mandate) should have equal freedom of manoeuvre in creating new legislation.

Question 53

What is “entrenchment by manner and form”? When does it seem capable of being applied?

Answer 53

where Parliament introduces procedural requirements to make it harder for subsequent parliaments to change the law, for instance by requiring prior popular approval for repeal in a referendum.

possibility of manner and form entrenchment only therefore seems to apply – according to this reasoning – to subordinate legislatures, such as the devolved assemblies in the UK.

Question 54

Can a UK act bind a dominion?

Answer 54

Yes, but only if it is passed withe the request and consent of that Dominion (section 4 of the Statute of Westminster 1931)

Question 55

Which has a higher status - international or UK law? How can this be changed?

Answer 55

Domestic law has a higher status than international law.

If Parliament therefore wishes international legal systems or sets of standards to be enforced, it needs firstly to ‘incorporate’ this body of external law into the UK legal system by passing a statute to that effect.

-> e.g. European Communities Act 1972 which incorporated EU law in the UK’s own legal system

-> E.g. HRA