Parliament Flashcards

1
Q

What does the Speaker do?

A
  • The Speaker **presides over debates in the chamber, selects MPs to speak,maintains order + suspends MPs who break parliamentary rules **
  • The Speaker is elected in a secret ballot through AV + allows MPs to **rank the candidates in order of preference **- MPs with the fewest votes (less than 5%) are eliminated + the second preferences reallocated to the remaining candidate
  • The Speaker must** stand down from their post at a GE but is normally re-elected **at the start of the next parliament
  • The Speaker doesn’t vote unless there is a tie in which case they have the deciding vote but normally use it to provide further debate rather than a final decision **
    ** Michael Martin
    became the 1st speaker to be **forced from office when he resigned in 2009 **- due to his handling of the **expenses scandal + was viewed as an obstacle to reform **
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2
Q

What do the whips do?

A
  1. Whips ensure that MPs attend parliamentary divisions (votes) +** approving their abscence when their vote isn’t needed **
  2. They issue instructions on how MPs should vote - each week MPs receive instructions on how they should vote (the **whip) - debates where there will be a vote are underlined + ‘three-line whip’ is a strict instruction to attend** + vote according to the party line or face disciplinary action
  3. They enforce **discipline the whips persuade wavering MPs to vote with the party **- whips provide certain **assurances, make offers or threats **
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3
Q

What is the job of an MP including the job role and pay

A
  • MPs are paid a salary of £86,584 a year -** increases are set by the Independant Parliamentary Salaries Authority** which also **pays the MPs parliamentary expenses **
  • Cover costs of running an office, employing staff, accommodation + travel expenses
    MPs have parliamentary privilege (legal immunity MPs have) -
    1. Freedom of speech - members of both houses are free to raise any issue in parliament without fear of prosecution - MPs have revealed the identity of celebrities who remain anonymous in court proceedings etc
    2. Execlusive cognisance - the right of each house to regulate its own internal affairs without interference from outside bodies (e.g courts)
    3. Parliamentary privilege doesn’t mean being above the law - MPs who are **imprisoned or suspended from the House for at least 21 sitting days may be dismissed by votes (Recall of MPs Act 2015**) - if after 8 weeks 10% of eligible voters have signed the recall petition their seat is declared vacant + a by-election is called (the MP can stand)
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4
Q

Explain the key details of John Bercow’s time as Speaker

A
  • Bercow was seen as a reform Speaker - allowed** urgent questions several times a day** compared to his predecessor Speaker Martin

*Key Ruilings *
* Bercow allowed an extra amendment to the 2013 Queen’s Speech which gave** backbench Tory Brexiteers a chance to express their disappointment **that there weren’t propsals for an EU referendum - coereced Cameron into the referendum
* Allowed emergency motions to go beyond the normal formulation - paved the way for the Bean-Burt Bill to prevent a no-deal Brexit - gave the Commons leverage over the cource of events = angered ministers

  • Coup Attempt - relations with the Speaker + the government deteriorated when the government organised a last-day to coup through a secret ballot of MPs (making it easier for MPs to remove him)
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5
Q

Explain the key modernising initiatives under Bercow

A
  1. Allowed for a Common’s creche and for **parents to carry small children into the lobbies **
  2. Allowed for proxy voting for pregnant MPs + new mothers
  3. Bercow was also praised for his reaction to **Labour MP Jo Cox’s murder as he visited her constituency **
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6
Q

Explain the key details of Lindsay Hoyle’s time as Speaker

A
  • Hoyle was elected as Speaker as he was an experienced MP since 1997 + had been deputy speaker since 2010 among 3 in total (most senior + experienced of the 3)
  • Hoyle promised that he would improve the safety measures for MPs + their families - he presided over procedings after the 2017 Westminster terrorist attacks + placed the Commons in lockdown
  • Hoyle also promised to restore the reputation of the Commons after accusations of **bias + bullying under Bercow **
  • Hoyle said that he would publish clerk’s advice making it harder for him to** depart from conventions** (Bercow was often accused of this - allowed MPs to control the parliamentary timetable) - suggests he **won’t break procedure to challenge the government + Leader of the Commons **(Ress-Mogg) wants to review the Speaker’s ability to dictate Commons rules + how **long someone can serve as Speaker **
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7
Q

Explain the role of hereditary peers and legal reforms taken regarding hereditary peers

A
  • Hereditary peers = House of Lords Act 1999 **ended the right of all but 92 hereditary peers **before there were 750
  • **Peerages Act 1963 **- allowed hereditary peers to renounced their titles + membership in the HOL + allowed women to be hereditary peers
  • HOL Act 1999 has transformed the hereditary element into ‘elected hereditary peers’ - 15 hereditary peers who became **deputy speakers were chosen in a ballot of the whole house **
  • 2 other hereditary peers had royal appointments + the remaining 75 were elected by ballots of hereditary peers from their party + crossbench groups
  • When a **hereditary peer dies or resigns a by-election **is held in which peers from the same group choose a replacement from the register of hereditary peers - 30 by-elections had been held by Aug 2016
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8
Q

Explain the role of bishops in the HOL

A

Lords Spirtual = 26 bishops + archbishops of the Church of England

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9
Q

Explain the role of life peers and legal reforms taken regarding hereditary peers

A
  • Life peers = Life Peerage Act 1958 gave the PM the right to appoint members for life - that title + membership cannot be inherited - life peers include former MPs (20% of the members in the HOL)
  • Life peers are often **appointed when a PM is leaving office **
  • Independant HOL Appointments Commission recommends individuals for appointments as **non-party peers + vets those nominated by political parties **
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10
Q

Explain the reforms taken regarding HOL members post 1999

A
  1. Free vote, 2003 - MPs had a free vote on 7 options proposed by a parliamentary joint committee - none secured a majority + the peers voted for a wholly appointed House
  2. White Paper, 2007 - proposed a **hybrid House - 50% appointed + 50% elected **+ a series of votes on reform were held - a wholly elected House was approved by MPs but the Lords supported a wholly appointed House
  3. House of Lords Bill, 2012 - proposed a chamber of 360 elected members, 90 appointed members, 12 bishops + 3 ‘ministerial members’ - was approved MPs but **91 Conservative MPs rebelled **+ Labour indicated that it would **vote against a ‘programme motion’ **+ **prevent the bill from passing **
    * (Prior to this many hereditary peers took the Conservative whip - their removal ended the Conservative majority)
  4. The HOL has 784 members - 227 of them are women (29%) - the **HOL Act 2015 **meant that members **convicted of serious criminal offences would be expelled or suspended **
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11
Q

Explain the power and limitations of the House of Commons

A

HOC Powers:
1. The right to ‘veto’ any legislation as the elected House with a **mandate from the electorate **
2. Call a vote of no confidence in the gov to remove them from power
3. Accept, amend, delay + reject legislation put forward from the gov
4. Scrutinise the government through a range of methods including slect committees + questions
5. **Power of monetary legislation due to 1911 Parliament Act **

HOC Limitations:
1. Government usually** holds a majority + use the whips to limit the effectiveness of the scrutiny **

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12
Q

Explain the powers + limitations of the House of Lords

A

HOL Powers:
1. The** powers to scrutinise legislation + suggest amendments**
2. Delay the passage of legislation for up to 1 year, due to 1949 Parliament Act
3. Hold the government to account through question time + debates
4. An absolute veto on Parliament extending its life beyond 5 years
5. Lords may have expertise in policy areas that MPs don’t have

HOL Limitations:
1. 1911 Parliament Act - removed the Lords’ power to reject money bills + allowed the Lords to** delay a bill by only 2 years **
2. 1949 Parliament Act - **removed the Lords’ power to delay bills to just 1 year **
3. Salisbury Convention - a convention that the Lords will not reject a bill put forward in a government’s manifesto **
4. The Lords
cannot question the PM or other government ministers only government spokespeople **
5. **Select committees don’t scrutinise the work of departments **

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13
Q

Explain how select committees function

A
  • Select committees scrutinise government departments by establishing inquires, gathering evidence + producing reports
  • Select committees - have a minimum of 11 MPs/peers who question government ministers, civil servants + often appoints **experts + invite members of the public **to give evidence
    e.g A candidate for the **Bank of England Deputy Governor resigned in 2017
    following
    criticism from the Treasury Select Committee of her ‘incomplete answers ‘** to them
    e.g The Environmental Audit Committee interviwed the Environment Secretary George Eustive in the summer of 2022 - following **headlines about raw sewage being released into rivers + the sea in the UK **
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14
Q

Explain the types of roles that select committees can be tasked with

A
  1. ** Pre-legislative scrutiny **- **gathering information before the drafting of new legislation **(or while a Bill is in the early stages) - **Media Bill is being currently scruntised by the HOC Committee on Culture, Sport and Media **
  2. Post-legislative scrutiny - evaluates the impact + function of a new Act of Parliament+ whether it has** achieved its purpose**
  3. Scrutiny of an individual minister,agency or department’s performance - shadowing ministers work + examining policy issues
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15
Q

Explain how House of Common select committees function

A
  • The HOC select committees focus on **specific departments **(e.g Education Committee)
  • Several committees are cross-departmental - Public Accounts Committee which monitors how **money is spent on public services **+ the Environment Audit Committee who check how well **government policies comply with sustainability **
  • Once a topic of enquiry has been determined, a list of preliminary questions are drafted + published in a press release to** call for evidence **
  • Professional clerks then sift through all the evidence submitted in the 1st stage + make recommendations on who should be invitied to give oral evidence to the committee
  • The committee then concludes its findings + produces a **report of recommendations **which the **government have to respond to in 60 days but don’t have to implement **
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16
Q

Explain how House of Lords permanent select committees function

A
  • **Permanent or ‘sessional’ committees **- concentrate on six different themes; communications, the constitution, economic affairs, internal relations, science + tech + the EU
  • These committees members develop **specialist knowledge + can check back periodically to see how government has responded to its recommendations **
  • e.g the select committee on** Artifical Intelligence uses Twitter** to** inform the public **on how its work has been acted upon + is shaping government policy
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17
Q

Explain how House of Lord Ad hoc select committees function

A
  • **Ad hoc committees **are set up to examine a specific issue within a predetermined timeframe
  • They consider a **wide range of evidene, perspectives + publish reports with recommendations **
  • e.g the 2004 Brodcast General Elections Debates Report was carried out by the Communications Committee - its recommendations informed broadcasters + helped to improve the format of televised pre-election debates in 2015
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18
Q

How are select committees less adversarial than the normal work of the Commons?
What can happen if a minister does not provide satisfactory answers to a select committee?

A
  • Unlike debates in the chamber and PMQT, which are brief,** far greater depth of scrutiny** can be achieved and over a much longer period (several months)
  • Committees work is consensual rather than combative in nature, MPs are far** less concerned with political point-scoring**
  • Government ministers cannot so easily use rhetoric to evade scrutiny as they have to provide** accurate and relevant evidence **+ be forced to explain their actions
  • If a minister fails to provide satisfactory answers to a select committee, or demonstrates a lack of understanding, it can have serious repercussions- e.g Home Affairs Committee questioned former home secretary, Amber Rudd in 2018. She denied knowledge that the Home Office had set migrant removal targets, which conflicted with evidence provided in a previous statement heard by the committee + resigned as a result
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19
Q

What are the strengths of select committees?

A
  1. They interview government ministers in public hearings
  2. They respond to current controversies with their inquiries
  3. They appoint recognised experts to assist inquiries
  4. Chairs can be of high quality - MPs may select a departmental expert (Sarah Wollaston, Health Committee), an energetic newcomer (Tom Tugendhat, Foreign Affairs Committee), or an** experienced politician (Yvette Cooper, Home Affairs Committee**)
  5. The composition of members + chairs encourages **cross-party cooperation **
  6. The **influence from government, shadow cabinet or party whips **on the **selection of committee members + chairs **is limited - leads to **genuine scrutiny **
  7. Studies from **2015 estimated that 30-40% of committee recommendations end up as government policy **
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20
Q

What are the limitations of select committees?

A
  1. The government has **60 days to respond to reports **but its not compelled to take up any recommendations, select committees can only advise not force the gov to take up their non-binding recommendations
  2. Interviewing by ministers can end up as an interrogation in order to gain media coverage
  3. The turnover of members damages committee effectiveness - the Defence Committee saw an 83% turnover from 2010-2015 - the replacements may not be as invested or informed
  4. The Existing EU Committee chaired by Labour’s Hilary Benn tested the limits of cross-party cohesion. May 2018 the Conservative committee members John Whittingdale, Andrea Jenkyns + Jacob Rees-Mogg all publicy criticised it for being** too pro-Remain**. According to Jenkyns only **7 of the 21 committee members voted Leave **
  5. The Treasury committee called then chancellor, George Osborne over budget cuts in 2010, he was able to evade answering questions on the impact of the cuts by focusing instead on the budget deficit itself, which he blamed on the previous Labour government.
  6. When Boris Johnson (as mayor of London) was under the scrutiny of the Transport Committee in 2009, which was investigating the** impact of heavy snow on public transport in the capital**, he simply called time and walked out
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21
Q

Explain how members are selected to be members of select committees and how the select committees are composed

A
  • The Wright Reforms (2010) made important changes to select committees; have to have a **minimum of 11 members **one of whom is the committee chair
  • The membership of each committee reflects the** party political balance** in the HOC -** 5 Conservative, 4/5 Labour + 1/2 smaller parties** (SNP, Lib Dems)
  • Committee members are selected by MPs from their party +** chairs are elected by a secret ballot of all MPs **
  • Committees are seated in a hemicycle which** promotes collaborations **
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22
Q

Explain the 4 cross-departmental select committees,their functions and an example of them being effective or ineffective

A
  • The** Liason Committee** (members are** all the committee chair**s) exits to coordinate select committee activity + meet twice a year to scrutinse the work of the PM
    e.g In July 2022 PM Johnson was scrutinised by the LC about ‘Partygate’ while dozens of ministers were resigning from gov
  • Public Bill Committees - these are committees set up to **scrutinise proposed legislation **
    e.g most amendments made to bills are made from the party in gov - 84% of amendments in 2018
  • Backbench Business Committee - control the subjects Parliament will debate for 35 half days each Parliamentary session - MPs can apply to this committee for a** certain debate to be held**
    e.g in **2011 the committee scheduled a debate **on holding a referendum on the UK’s EU membership which while defeated saw 81 Tories defy the whip
  • Petitions Committee - reviews the e-petitions on the HOC website for government response + debate - in 2017 a petition to** prevent President Trump from having a state visit** to the UK gained** 2 million signatures + a 4-hour debate was held on it **
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23
Q

Explain the role of the chair on a select committee

A

The chair has a key role in directing the committee’s inquiries, they largely determine how the committee uses its time effectively to ask questions, develop lines of enquiry + challenge sources of evidence that appear contradictory or unreliable before they produce the report with their recommendations

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24
Q

Explain the ways in which Parliamentary debates are effective

A
  1. Backbench Business Committee - allows MPs to shape the parliamentary debate - decide the topics for 1 day per week
  2. MPs can request an **emergebcy debate on a specific matter that needs ‘urgent consideration’ **(approved by the Speaker)
  3. Intro of Grand Committee Room - increaed the **range + number of issues discussed **- deal with non-controversial issues
  4. From 2015 E-petitions which have** more than 100,000 signatures must be debated in Parliament = increased public engagement **
  5. Ministerial Question Times rotate every 4 weeks for each department - members can submit their questions in advance or they can be drawn in the ballot for ‘topical questions’ at the end of the session + ask any questions they please
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25
Q

Explain the ways in which Parliamentary debates are ineffective

A
  1. The government can** ignore motion spassed in debates** - e.g the motion for lowering the voting age to 16 (2013)
  2. In the BBBC smaller parties are under-represented - 7 BBC members are Conservative or Labour MPs
  3. In 2012 the government changed the way BBBC members are elected - are now elected within party groups not the whole house - makes it more difficult for independant MPs to be selected + MPs opinions may not be their own not the party’s
  4. There is often** poor attendance** at debates -** ammnedments can’t be tabled or voted on in 2015-16 **sessions there were 113
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26
Q

Explain the ways in which MPs are effectively recruited

A
  1. MPs must have excellent communication skills in order to gain public support + confidence - **television, social media are the main arena where MPs display their skills **
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27
Q

Explain the way in which MPs are ineffectively recruited

A
  1. Experience - there is a high turnover of MPs - 227 new MPs in 2010,185 in 2015, 98 in 2017, 140 in 2019 - 1 in 5 MPs worked in politics before being an MP
  2. Conformity -** loyal MPs are more likley to progress to minsterial** posts - means they **don’t challenge legislation beforehand **
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28
Q

Explain how PMQ’s provides effective scruntiny

A
  1. Corbyn tried to change the style of PMQ’s by asking questions sent in by the public
  2. Speaker Bercow called more backbenchers during PMQ’s + required ministers to answer urgent questions more frequently
  3. PMQ questions are set the day before which gives the government time to draft their responses in order to give** detailed answers** of what the gov is doing in that department
  4. Effective scrutiny is also dependent on the abilities of the backbenchers and Leader in Opposition - Corbyn was seen as a very poor performer
  5. The ability to question the PM directly + the public often watch which means that the **public get more engaged with politics + scrutiny
    **
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29
Q

Explain how PMQ’s provides ineffective scrutiny

A
  1. Government backbenchers ask questions **drafted by the whips **(often flattened + don’t prove)
  2. PMQs are often very boisterous and much more parliamentary theatre than effective scrutiny occurs - particularly between the two main parties - the Leader of the Opposition gets 6 questions + the leader of third-largest party gets 2 questions
  3. Political pundits often assess who **‘won’ PMQs each week **+ thus it has become increasingly about grabbing media attention for ‘winning’ rather than raising issues in the media
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30
Q

Explain the Opposition provides effective scrutiny

A
  1. **Leader of the Opposition **asks 6 questions at PMQ’s + responds first to the PM on major statements
  2. Opposition parties choose the topics for debate 20 days in a parliamentary year - **17 days **allocated to the **main opposition **
  3. Opposition party appoints a **Shadow’s cabinet **to **follow the work of government departments **+ provide their **own policies for their topic areas **
  4. On the **19th of October 2022 Labour **used its opposition day bring forward a vote to ban fracking (the motion allowed the vote to be effectively binding) - the Conservative ‘whip’ said that this meant it was a **vote of no-confidence in Truss + ordered MPs to vote against it **
    * A number of Conservative MPs especially those who had constituencies in which fracking could take place - looked to the **Conservative manifesto which pledged a ban on fracking **
    * The Conservative MP seemed to have resigned following a statement from No.10 saying it was not a vote of no confidence - the motion was defeated 230-326 votes but 36 Conservative MPs abstained + the chaos of the day was the **trigger point for ending Trus’s premiership + she resigned the next day **
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31
Q

Explain how the Opposition provides ineffective scrutiny

A
  1. Opposition cannot claim a mandate on their on their policies after losing in the GE
  2. Oppositon party are state funded by ‘Short money’ - 2015-16 Labour gov receeived £6.8 million in funding but the Conservatives have propsed reductions in funding
  3. They cannot change government policy + generally look to criticise
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32
Q

Explain the delegate, trustee and constituents model of representation

A

Delegate model - an **individual who acts on behalf of other on the basis of clear instructions **+ they **shouldn’t depart from thise instructions **or vote based on their own personal views

Trustee model - MPs are responsible for representing their constituents interests - decide on matters based on their independant judgements but take on baord their constituents views + **can vote based on their conscience **

Constituency model (Trustee + Delegate) - MPs reprent the collective intersts of the constituency they represent + the views on individual constituents - MPs hold regular surgeries where constituents discuss problems or concerns - take these **grievances to a public authority, writing to a minister or raising it in the Commons **

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33
Q

Explain party representation and descriptive representation

A

**Party Representation **- Political parties dominate elections - MPs are often chosen based on their party not their personal strengths or beleifs

Descripitve Representation - When the legislature mirrors the society it represents - Parliamenet should reflect + represent all social groups + minority groups

34
Q

Representation of MPs:
How many were educated privatley + what party has the most?
How many MPs are from ethnic minorities from each party?
How many LGBT MPs are there from each party + which one has the highest proportion?
How many female MPs are there from each party + in the HOC?

A
  1. 27% (173 MPs) of MPs were educated at independent schools (compared to 6.5% in the UK population) - 80% are Conservative MPs (**65% **of **Sunak’s Cabinet **went to independant schools)
  2. Labour MPs have 41 MPs - 2019 from ethnic minorities (+9 since the 2017 election)
  3. Conservative MPs have 22 MPs - 2019 from ethnic minorities (+3 since the 2017 election)
  4. Lib Dems have 2 MPs - 2019 from ethnic minorites - (+1 since the 2017 election)
  5. 45 MPs are openly LGBT+ - SNP have the highest proportion (9 of 47), there are 25 Conservative LGBT+, 25 LGBT+ Labour MPs + 1 Lib Dem LGBT+ MP
    6.
    220 female MPs were elected
    , 12 more than the previous record of 208 set in 2017 - there are **104 female Labour **MPs, 87 female Conservative MPs, 7 female Lib Dem MPs + 16 female SNP MPs
35
Q

What initatives have been implemented to increase the number of female MPs

A

There have also been key initiatives to increase the number of female MPs
* All-women shortlists which have been used by Labour in every GE since 1997 (except 2001), these gender quotas require some constituency parties to select their candidate from a list of all women **
* Cameron introduced a
priority list in 2005 for the top 100 Conservative target seats** - constituency associations had to draw up shortlists with at least half of the aspiring candidates being women - only **19/49 women Conservative MPs elected in 2010 were on the lists + the approach was dropped
**

36
Q

How do many MPs in departmental question sessions ask ‘utterly pointless questions’?

A
  • They ask questions designed to make the session easier for whoever is on the front bench of the party that the MP asking belongs to by asking questions which praise certain policies or **allow MPs to talk about areas where the government is doing well **
  • In 2014 at Treasury Questions the Conservative MP for Colne Valley Jason McCartney asked “Will the Chancellor please continue to reject the doom-mongering, mithering and class warfare from the Labour Party and continue with his long-term economic plan?”
37
Q

Who decides these sorts of ‘pointless’ questions?

A
  • Pointless questions are typically decided by** ‘support groups’ of loyal MPs who meet with the frontbench team** before a session to **decide a line of attack **-
  • The PPS for the ministers also suggest **friendly lines + ambitious MPs agree to ask them **
  • When George Osborne’s power was at its height his Treasury Support Group would agree to heckle the opposition during the Budget speeches + question time which had around** 60 MPs** in it - **to advance their political careers ** (“you be good to Georgie and Georgie’s good to you” - Westminister syaing)
  • In 2015/16 Parliament had trouble attracting MPs to help **out with Scottish Questions **
38
Q

What are Urgent Questions and why are they much more effective than ordinary questions?

A
  • Urgent Questions are when ministers are summoned to the House by MPs to ask a question on specific matters - sometimes governments will organise statements on something which has gone wrong to avoid being humiliated by a UQ or appearing reluctant to face scrutiny
  • When John Bercow became Speaker he made the government answer urgent questions 0.9 per sitting day in 2017-19 when they were 0.2 per sitting day in 2013-14
  • Osborne like other ministers would try to dodge urgent questions by sending their juniors to answer them - Osborne famously sent **David Gauke in place to defend any unpopular Treasury policy **
  • Some UQ can force the government to announce a concession as ministers cannot get through an hour in the Commons defending a failed policy
39
Q

What are private members’ bills and Why do they have very little chance of actually becoming law?

A
  • PMBs are opportunities for backbenchers to introduce legislation if they are voted in
  • When PMBs are opened in the Commons MPs who oppose the bill or dislike the idea of backbenchers making law start talking in a practice known as ‘filibustering’ - talking out a bill until the end of that session
  • At** 2.30 pm any bills that haven’t reached a vote die** + even if the bill goes into its second reading where it goes into committee stage where it is more likely to be killed
40
Q

Why are filibusters so effective?

A
  1. Filibusters are effective as they have to talk for hours to block a bill people like Jacob Rees-Mogg, and Philip Davis have covered topics like the quality of wine at the Garrick Club, Peter Pan, bus routes etc
  2. The only way to end a filibuster is to gather 100 MPs to vote for a ‘closure motion’ to stop the speaker + move on - this demonstrates that there is **sufficient support for a bill to proceed **
  3. Gathering 100 MPs is difficult though as MPs are often in their constituencies then + unless an MP is certain that their other colleagues will also turn up to make the closure motion successful they **won’t see much incentive to neglect their constituency **
41
Q

How is it decided which backbenchers get to introduce a private members’ bill, and why does this ‘pollute’ the political ecosystem according to Hardman?

A
  • PMBs are often introduced by** lobby groups who have loud campaigns in the run-up to bills being introduced** + for their **second readings which gives the false impression that the bill has a great chance of success **
  • Hardmen argues it pollutes the political ecosystem by ensuring that the bill is given a good slot - to give a PMB the best chance of being heard in the Commons it needs to come **top of a ballot of MPs which is increased when an MP drums up press in advance **rather than getting a slot + waiting until just before to come up with a bill which is pointless + expensive
42
Q

How has the National Trust shown that lobbying can be effective?

A
  • The National Trust protects the heritage of England, Wales + NI, it has about 4.2 paid-up members - in 2011 it joined forces with the Campaign to Protect Rural England and Friends of the Earth to warn that the National Policy Framework proposed by ministers which were meant to lead to a rise in homes built
  • They argued that the framework was “disregarding the impact that these proposals will have on open space in and around our cities, towns and villages” + that “local voices will not be heard” in the reformed planning process
  • This led to conflict between the National Trust + ministers - the campaigning of the National Trust was so effective that Eric Pickles then Communities Secretary + Theresa May privately vowed never again to have such a serious stand-off with an organisation that represented so many people that were **likely to vote Conservative **
  • Consequently, ministers have dodged reforms which would build more houses to solve the housing crisis such as reviewing protections for the Green Belt
43
Q

How has pressure group 38 Degrees shown that lobbying can be effective?

A
  • A 2011 plan to part-privatise the Forestry Commission which manages more than 150,00 hectares of Britain’s forests - ministers insisted that protections for the forests would remain but the plan to raise £250 million from the sale caused anger
  • 38 Degrees launched a petition to stop the sell-off that was signed by 500,000+ - MPs were inundated even if there **weren’t any forests in their constituencies **
    e.g **Simon Hughes’s office received more letters about forests **than anything else the whole year even though **Bermondsey + Old Southwark had no Forestry Commission land at all **
  • This led to the **government dropping the campaign **
44
Q

How can the e-petition system, launched in 2011, on occasion be a waste of parliamentary time?

A
  • In 2011 the Coalition gov launched an e-petitions system that they said would allow voters to get concerns aired in the HOC - if a petition reached 100,000 signatures it was eligible for a debate in Parliament
  • The then-leader of the** HOC, Sir George Young said the petitions would be a “megaphone” for voters **
  • In **2015 MPs ended up debating a petition calling on the gov to “stop allowing immigrants into the UK” **- MPs who decided that the statement should be debated even though they **vehemently disagreed used the debate to explain why they disagreed **
  • In 2017 there was a petition to ban then-presidential candidate Donald Trump from the UK that attracted 586,930 signatures - a 4-hour debate then occurred as a result
  • The debates that come from e-petitions are non-binding
45
Q

What does Hardman say is the motivation behind a lot of the activities of an MP?

A
  • Hardmen argues that MPs very rarely prob on whether legislation really works, instead, they want to get **attention from an MP, the party’s hierarchy, a vociferous campaign group or the media **
  • MPs are pressured to stay out of trouble in their party + locally, not be excellent legislators - so they aim to get attention by participating in meaningless parliamentary activities rather than plug away at the boring work of examining laws properly
46
Q

Define a Green paper, a White Paper and Public and Private bills

A
  • *Green Paper *- a goverment document setting out various options for legislation + inviting comment
  • White Paper - a government document setting out a **detialed proposal for legislation **
  • **Public Bill **- a bill concerning a general issue of **public policy introduced by a government minister **
  • Private Bill - a bill introduced by a company - less common + often **sponsored by an organisation **(a company or local groups) - a group affected by a bill the right to **petition Parliament against **
  • PMBs - introduced by backbencher MPs or a Peer + are unlikely to become law - in the HOC the names of MPs applying to introduce a PMB are drawn in a ballot. MPs can also make a **PMB proposal in a ‘10 minute rule’ speech **
  • *Hybrid Bill * - a combination of **public + private bills **- propose changes to public policy or authorities e.g **the bill to build the HS2 railway links **
47
Q

Explain stages 1-3 in passing bills in Parliament

A
  1. *First Reading *- when the title of the bill is read out on the House floor - no debate occurs
  2. *Second Reading *- when the main debate is held on the principle of the bills - governments are rarely defeated here
  3. Committee Stage - bills are sent to a** Public Bill Committee** which is created for every bill - bills are **scrutinised + ammendments **are made - **committee membership reflects party strengths **in the Commons + MPs are told how to vote by whips (less likely to follow though)
48
Q

Explain stages 4-6 in passing bills in Parliament

A
  1. Committee of the Whole House - only bills of** constitutional or financial significance** are **scrutinised on the HOC floor **
  2. Report Stage - ammendments made in **committee are considered by the whole HOC **+ the whole HOC can table ammendments
  3. EVEL - after the report stage the Speaker determines to be England-only go to a Legislative Grand Committee - all MPs can take party in debates but only England MPs can vote or propose ammendments
49
Q

Explain stages 7-8 in passing bills in Parliament

A
  1. Third Reading - debate on the amended bill in the HOC - no further ammendments can be made at this stage
  2. Ping-pong - all prior stages are repeated in the Lords if the Lords make ammendments they’re sent back to the Commons which can agree,reject or amend the Lord’s changes - bill goes back + forth between the Houses
50
Q

Explain the Advantages in the way bills are being passed

A

Advantages
1. Laws must gain the approval both houses - expert scrutiny from the Lords
2. The party system is weak in the Lords so **peers take the role as legislaters more seriously **
3. **Public Bill Committees scrutinise every line of the bill **
4. All ammendments are voted on + debated in the House of the Commons floor

51
Q

Explain the Disadvantages of the way bills are passed

A
  1. Party whips in the Commons mean MPs often vote with the party line - not their conscience
  2. **PMBs **have little chance of success + are often filibustered
  3. Non-English MPs can still vote on England-only bills as despite EVEL bills need **majority support **
  4. The Lords can amend or delay legislation despite being an **unelected chamber **
  5. Whips control MPs which mean that if an MP is ambitious they’re best served by keeping quiet in committees - Conservative whips use to keep a dirt/black book to blackmail MPs on how to vote
52
Q

Explain how the Lords became more assertive in recent years

A
  • Hereditary peers were removed in 1999 - blocked the** Sexual Offences Ammendment Act 2020** + the Hunting Act 2004 which forced the government to use the Parliament Act in the follwoing session
  • The Lords can propose ammendments to bills passed by the Commons - the Commons can then amend, reject or accept
  • Lords cannot force ammendments - if the Commons refuses to accept them the Lords can back down or block the bill from passing for** 1 year**
  • If they block it for 1 year the bill can pass unchanged without the Lord’s permission under the Parliament Act e.g War Crimes Act 1991, European Parliamentary Elections 1999
53
Q

Explain how the Lords was very effective in scrutinising New Labour

A
  • The Blair + Brown government were only defeated 7x in the HOC but 400x in the HOL - many were on **judicial + constitutional **matters
  • Example - Counter-terroism + restricitve on the** rights to trial by the jury **
  • **4 out of every 10 defeats **in the Lords were **accepted by Blair + Brown **
54
Q

Explain how the HOL’s party makeup more effective

A
  • The party balance in the Lords means there isn’t a party has a majority in the HOL so the government must **win cross-party support for their legislation **

HOL Peer Makeup: Conservative peers - 270
* Labour peers - 171
* **Lib Dems **peers - 80
* Crossbench peers - 183
* Independant peers - 37
E.g - votes from Liberal Democract peers were cruical over New Labour’s term

55
Q

Explain why use of the Salisbury Doctrine has been questioned

A
  • The Salisbury Doctrine has been questioned as to whehter it should apply in coalition governments or when the governing party wins the **support of less than 1/3 of the elctorate **
56
Q

Explain Input and Output legitmacy

A

Input Legitmacy = composition of an institution + its responsiveness to citizens concerns due to particupation + representation of people - held by the HOC due to it **direct accountablity to voters **

Output Legitmacy = quality + effectiveness of an insitutions performance + outcomes for the people - held by the HOL as its scrutiny + revision produce **better quality legislation **

57
Q

Explain arguments in favour of HOL reform

A
  1. HOL doesn’t have democratic legitmacy as it’s unelected - not representative
  2. HOL isn’t accountable to the electorate - unlike MPs
  3. HOL lacks diversity - lack of **women, BAME + LGBTQIA+ representation **
58
Q

Explain arguments not in favour of HOL reform

A
  1. Members are appointed = experts means they can scrutinise legislation without party political biases
  2. HOL being unelected means it serves as a check on the HOC’s power - **scrutinises + revises legislation **
59
Q

Explain the powers of the House of Commons

A
  1. Right to insist on legislation - Lords should give way in case of dispute
  2. Financial privilege - delay budgets + amend legislation involving finances
  3. Commons have** financial privilege** when the Lords pass bills with financial implications e.g creating new spending
    * Conservative-Lib Dem coalition invoked financial privilege during the final stages Welfare Reform Bill 2012 - Lords backed down
    * Commons also claimed financial privilege on counter-terroism (2008) + supproting child refugees (2016)
  4. Power to dismiss the executive - if the gov is defeated in a motion of no confidence it must resign
60
Q

Explain the powers of the House of Lords

A
  1. In the HOC the government controls the Parliamentary timetable but they don’t in the Lords - the Lords must have ‘reasonable time’ to consider bills
    * Allows Lords to** scrutinise for longer **but they **cannot overlook or delay **considering a bill
    * Reform proposals argue for a 60-day limit on ‘reasonable time’
61
Q

Explain the limitations on power in the Lords

A

1.** Secondary legislation** - ministers have the authority to amend Acts - convention that the **Lords don’t reject it **
* Convention that the **Lords don’t reject it **
* Exceptions e.g in 2015 the Lords amended 2 regulations on tax credits - led to the Strathelyde review = established the Common’s primacy said it should be able to override Lord’s rejections on SL - recommendations weren’t implemented

  1. Lords **cannot dismiss the executive **
62
Q

Explain the Factors which affect the HOC + HOL’s relationship

A
  1. 1911 Parliament Act - Lords can only delay legislation for 2 years - went to **1 year in 1949 **
  2. Salisbury Doctrine - bills implementing manifesto commitments aren’t opposed by the Lords
63
Q

Explain proposed reforms to the Lords in the 1910s, what they proposed and why they failed to pass

A

1910s
1. 1910 - Liberal gov propose efficient HOL - agreements aren’t made
* Failed to make **agreements on HOL’s exact powers
**
2. 1911 - Leader of the Opposition propose for members to be **indirectly elected **

  1. 1911 Parliament Act - Lords can only delay legislation for 2 years + have to pass financial bills (only delay for 1 month)
  2. 1918 - **Bryce Report **proposed new functions for HOL + the revision of bills
    * Bryce Report **wasn’t implemented due to WW1
    **
64
Q

Explain proposed reforms to the Lords in the 1920s, what they proposed and why they failed to pass

A
  1. 1922 - **King mentions reform **in many speeches - resoultion for **‘hereditary peers being elected by their order’ **
    * Debate in 1922 for hereditary peers being **elected is adjourned + not resumed **
  2. 1929-35 - PMB about wanting** life peerage** were introduced + **withdrawn so it failed **
65
Q

Explain proposed reforms to the Lords in the 1949, what they proposed and why they failed to pass

A
  1. 1949 Parliament Act - dealing with the HOL’s powers - can only delay bills by 1 year + not delaying or not passing financial bills
66
Q

Explain proposed reforms to the Lords in the 1960s-70s, what they proposed and why they failed to pass

A
  1. 1963 - Peerages Act meant hereditary peers could **surrender their peerages **
  2. 1968/69 - Bill on HOL Reform - proposed new roles for members - abandoned by the PM after **debate in the Houses **
  3. 1978 - Committee on HOL Reform Proposals - **2/3 of the HOL being elected + 1/3 appointed **
    * Committee Reforms were never pursued
67
Q

Explain proposed reforms to the Lords in the 1999, what they proposed and why they failed to pass

A
  1. 1999 - HOL receives Royal Assent on a bill - reducing the number of hereditary peers by more than 600+ - freezing them at 62
68
Q

Explain proposed reforms to the Lords in the 2000s, what they proposed and why they failed to pass

A
  1. 2000 - Independant HOL Appointments Commission is established - recommend + approve suitable candidates for membership
  2. 2001 - Queen confirms the intention to** create 15 new non-party political HOL members **
69
Q

Explain proposed reforms to the Lords in the 2002-2007, what they proposed and why they failed to pass

A
  1. 2002 -** Joint Committee for HOL Reform** (in the HOC + HOL) - publishes a report
  2. 2007 - Report sets out a policy for a hybrid HOL - **50% elected + 50% appointed **
70
Q

Explain proposed reforms to the Lords in the Coalition, what they proposed and why they failed to pass

A
  1. 2012 - Joint Committee on HOL Reform suggests 80% elected HOL + 20% nominated. Passed the reading stage by 462 to 124 votes
    * Deputy PM announces that the legislation was dropped
  2. 2014 - HOL Reform Act - allowed the **resignation of peers from the HOL **+ the expulsion of members
71
Q

Explain the problems with the compositon of the ‘old’ Lords and how changes have been revolutionary

A
  • The Lords was solely made up of entirely Bishops + hereditary peers, except for a few Law Lords. There were no women + the **average attendance was below 100 **
  • The Lords was uninfluential in terms of legislation + failed to scrutinise legislation as it was meant to so was ill-respected
  • 1999 House of Lords Act removed over 600 peers freezing the number of HOL **hereditary peers to 92 **- people have to have use + be experts to be in the HOL it’s no longer down to inheritance
  • The Lords has the same proportion of women as the Commons + the women are more active members (238 women in the HOL, 226 women in the HOC) = **29% of women in the Lords **
  • The average attendance is 367, ethnic minorities peers are around 55 (HOC is 63)
72
Q

What is the one area of legislation that the Lords still has blocking powers over?

A
  • Whether or not to extend a Parliamentary term - the House of Lords must consent to the extension of Parliamentary terms
73
Q

Why does the Lords have a strong degree of independence?

A
  • The Lords has 183 Crossbenchers + 37 Independent peers who take **no party political whip **+ vote according to issue each time + aren’t influenced into voting a certain way by whips
  • The HOL isn’t confrontational like the HOC - the chairs go across in a circular format + less parliamentary theatre occurs
  • Even when** peers do belong to a party whip** they are much less controlled by them as they are past ambition + have already reached the positions they want
  • Many peers are** life peers** which means they don’t have the risk of losing their positions if they **don’t vote according to the party line **
74
Q

Why does Baroness Hayman believe that attempts to make an elected second chamber have
failed? Explain both reasons she gives.

A
  • Whilst there is **widespread public support **for an elected HOL, there is also widespread public support for a HOL which has members that are free from party political influence + are experts in their field
  • The push for an elected HOL comes from those who believe a democratic mandate is needed for someone to be involved in legislative processes - however proposals for this end up compromising by proposing for a hybrid HOL
  • Clegg said that “the best shouldn’t be the enemy of the good” when he argued for an 80% elected HOL + 20% unelected - means they** lose their battle of principle** by focusing on practicalities
75
Q

What would be the problem with making the Lords more democratically legitimate by
electing it?

A
  • The 1911 government decided to limit the powers of the Lords + assert the primacy of the Commons with its democratic mandate + as the **Lords wasn’t legitimate **due to its aristocratic hereditary background they shouldn’t have as many powers
  • By reducing the power of the Lords to simplifying delaying not vetoing bills + having no power over financial bills
  • This means that those who argue for an elected HOL no longer have an argument for constraining the powers of the HOL if it becomes elected - there is no way to enshrine the Common’s primacy
  • MPs who had previously been in favour of the HOL being elected changed their minds when they realised the Common’s primacy would have to be lost + the **Lords given more powers **
  • MPs also didn’t like that there would now be **another elected representative in their constituency **
  • Furthermore if peers are elected through **Proportional Representation **then the **peers would have a fairer mandate then MPs **- which would mean that when bills are being ping-ponged the Lords would be less likely to back down as they would have a mandate to stand on so bills would stagnate for much longer as the Lords wouldn’t back down or simply delay as it does not
76
Q

What do supporters of an elected second chamber argue? Why does this make the creation of an elected Lords less likely?

A
  • That other countries have **bicameral parliaments **which are both elected - Hayman argues that second chambers in those countries are constantly in debate over powers + composition
  • All bicameral parliaments are in countries which have a codified + entrenched constitution + have a **written agreement **on how to resolve disputes between the houses when both refuse to back down on a bill in order for the parliament to function
  • Very little support in the UK for a **codified constitution **
77
Q

How does the Lords provide scrutiny where the Commons at times does not?

A
  • The** Lords is full of experts **in their fields where the Commons contains many generalists
  • This means that the Lords fills in skill/knowledge gaps in the Commons - that means they can scrutinise bills from their specific knowledge
  • Government who control the parliamentary timetable + the issues debated - they also have a majority which means that bills are less scrutinised by government MPs who just pass it
  • It has become a convention for the government to not have a majority in the Lords - they have to **gain cross-party support **
  • The Lords also has more time than the Commons - can consider more amendments + amendments which due to time constraints are never even debated in the HOC
  • The Lords has the time to go through legislation line-by-line unlike the Commons + makes the key amendments in the fine print to make the** bill work effectively** (using advice from experts, academics, pressure groups, charities etc) - not the **large confrontational amendments **which the Commons focuses on
78
Q

What is the problem with secondary legislation? What is the problem with membership of the Lords?

A
  • The Lords has a convention to not block secondary legislation - they cannot amend secondary legislation + financial legislation
  • Formal membership is around 800 - around** 600 vote on important legislation **- however attendance is around 367 but the committee stages, offices + the chamber doesn’t accommodate 367 not even 800
  • This means that not all members can participate in debate + scrutinising of legislation - as more members are regularly added it becomes **more costly + impractical **
79
Q

Explain the similarites between Parliament + Congress in the US + UK

A

Similarities
* Both legislation have 2 elements - US (has the** House of Representatives + the Senate**)
* In theory both have chambers have equal legislative powers
* Congress has the power to declare war in the US (hasn’t been used since WW2) - in the UK Parliament approval for **military action is only a convention **

80
Q

Explain the differences between Parliament + Congress in the US + UK

A

Differences
* In the US both chambers are broadly equal - in the UK the Commons dominates the Lords
* In the US both chambers are elected - the **Lords are appointed **
* **Congress is seperate
from the executive - can propose laws of its own (many bills also come from Parliament)
* In the UK the executive operates within the legislature
* Standing committees in the US are much more powerful than in the UK
* Party discipline is much
less strong in hte US **