Parliament Flashcards

1
Q

What are the three key features of parliamentary government?

A
  1. Parliament is THE highest source of political authority.
  2. Government is drawn from Parliament.
  3. Government is accountable to Parliament.
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2
Q

What are the key functions of the Commons?

A
  • Representation
  • Legitimation
  • Legislation
  • Scrutiny
  • Debate
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3
Q

What are the key functions of the Lords?

A
  • Legislation
  • Scrutiny
  • Debate
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4
Q

What powers/functions are shared by the two houses?

A
  • Debate key issues
  • Introduce, debate, amend, vote on bills
  • Hold ministers accountable
  • Dismiss senior judges with a joint vote
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5
Q

How does the convention of financial privilege limit the amendments that can be made by the Lords?

A
  • House of Commons asserts pre-eminence in financial matters.
  • Established in statute and convention.
  • Finance Bills and Consolidated Fund Bills must originate in Commons.
  • Lords cannot amend these bills.
  • If Lords amend with spending implications, Commons can overturn citing financial privilege.
  • Lords expected to respect Commons’ financial privilege if amendment overturned.
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6
Q

What are ‘money bills’?

A

They deal exclusively with taxation or public spending

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7
Q

How did the Parliament Act 1911 affect the Lords’ influence over ‘money bills’?

A
  • Act mandates ‘money bills’ for Royal Assent within a month, regardless of Lords’ action.
  • Money bills exclusively cover tax and spending.
  • Bills covering other subjects not subject to this limitation.
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8
Q

What impact did the Parliament Act 1911 have on Lords’ veto power?

A
  • Lords unable to veto bills since the act.
  • Prior to 1911, both houses had to approve bills for them to become law.
  • Lords had veto power.
  • Act limits Lords to delaying non-money bills for up to two years.
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9
Q

What did the Parliament Act 1949 do?

A
  • Labour government feared Conservative-dominated Lords would stall nationalisation program.
  • Introduced bill to reduce Lords’ power to delay non-money bills to a year.
  • Bill passed without Lords’ approval under Parliament Act 1911 due to peer opposition.
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10
Q

What do the Parliament Acts not apply to?

A

They don’t apply to bills extending the maximum duration of a Parliament beyond five years, or bills originating in the House of Lords or delegated/secondary legislation.

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11
Q

In addition to financial privilege, what other conventions limit the Lords?

A

Financial privilege, Salisbury convention and secondary legislation.

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12
Q

How, and why, have the conventions that limit the Lords come under strain in recent years?

A

Peers have become more assertive since the 1999 reforms - they have challenged the convention that peers should not block secondary/delegated legislation.

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13
Q

What exclusive power does the Commons have in relation to the executive?

A

The power to dismiss the executive - only MPs can cause a government to resign with a motion of no confidence.

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14
Q

How and why is political representation impacted by the use of FPTP for general elections?

A
  • UK divided into 650 constituencies, each with one MP.
  • FPTP system leads to disproportionate results, potentially undermining representation.
  • Lords still unelected.
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15
Q

What representation issues are raised by the House of Lords? What attempts have been made to address this issue?

A
  • Lords unelected, not a microcosm.
  • House of Lords Reform Bill 2012 proposed 360 elected members with 15-year terms, 90 appointed members, bishops, and ministerial members.
  • Withdrawn in September 2012 due to Conservative rebellion and opposition refusal to support programmed motion.
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16
Q

What is the delegate theory of representation?

A

The Delegate Model suggest that MPs should act as a mouthpiece for their constituents.

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17
Q

What is the trustee theory of representation?

A

The Trustee Model suggests that MPs should make their own decisions, based on the national interest.

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18
Q

What is the party/mandate model of representation?

A

That Party/Mandate Model suggests that MPs should stick to the manifesto that got them elected

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19
Q

Why has the use of referendums further complicated the question of how MPs should represent their constituents?

A

In the case of the BREXIT referendum, and the following EU Act (2017), some MPs said that they felt limited by the result of the EU referendum - Labour leader Jeremy Corbyn insisted “the Labour Party accepts and respects the decision of the British people”.

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20
Q

What are free/conscience votes?

A

A vote where MPs and Peers are not put under any pressure by party leaders to vote a certain way - they are often allowed for votes on difficult ethical issues.

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21
Q

Why was the free vote on the Assisted Dying Bill so controversial?

A
  • Bill allowed terminally ill to end lives with medical supervision.
  • Pressure groups angry, citing polls showing 82% public support.
  • Accused MPs of failing duty to represent.
  • Some saw MPs as protecting vulnerable minority.
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22
Q

How does an MP’s interests influence their representation?

A

MPs often choose to support causes or groups of certain sections of society, often because of their background before they were an MP. They can form all-party groups on topics such as climate change, human rights, poverty, ADHD etc.

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23
Q

How can constituency and party representation clash? Give an example.

A
  • MPs may face conflict between constituency interests and government policy.
  • Dilemma for governing party MPs.
  • Often prioritize constituents over party loyalty.
  • Party whips reluctantly permit this.
  • Example: Conservative MPs conflicted over fracking policy.
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24
Q

How can constituency and burkean representation clash?

A
  • MPs not delegates bound by voters.
  • Complex issues unlikely to have consensus in constituency.
  • Zac Goldsmith promised resignation if government backed 3rd Heathrow runway.
  • Resigned, ran as independent, lost.
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25
Q

How was female representation in the commons changed since 1983?

A

1983: 23 MPs (3%)
1997: 120 MPs (9%)
2010: 143 MPs (22%)
2015: 29%
2020: all time high at 34%

The majority of Labour and Lib Dem MPs are now female, for the first time in history

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26
Q

When compared to these examples, you could argue that women are underrepresented in the commons…

A

1) Welsh Senedd was the first body to get over 50% women
2) Finnish parliament

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27
Q

What are two methods used to increase the number of women candidates?

A

All women shortlists and priority lists

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28
Q

What are all women shortlists?

A

A gender quota that requires some constituency parties to select their parliamentary candidate from a list consisting of only women

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29
Q

What are priority lists?

A

Where constituency associations were required to draw up short lists on which at least half the aspirant candidates were women.

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30
Q

How has BME representation in the commons changed since 1987?

A

1987: 4 (0.4%)
1997: 9 (1.4%)
2019: 10%

One in five Labour MPs are now black or minority ethnic, compared with 6% conservatives. But there are no black, Asian or minority ethnic MPs in Scotland, Wales or Northern Ireland.

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31
Q

What age groups are least represented?

A

Young and old people are least represented. Most MPs are in the 35-55 age group.

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32
Q

How many representatives attended fee paying schools?

A
  • 29% of Commons and 62% of Lords were privately educated compared to the 7% national average
  • Four in five Conservative MPs attended fee paying schools according to the Sutton Trust
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33
Q

How many representatives went to university?

A

88% attended university compared to 20% of the population

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34
Q

How is the social class of MPs changing?

A
  • The number of MPs who had manual backgrounds is falling, even amongst Labour.
  • Labour MPs from working backgrounds in 1951 was 37%, but in 1997 it was 13%
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35
Q

How many MPs identified as LGTQIA+ in 2019?

A

6%

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36
Q

How is electoral representation relevant?

A

FPTP distorts parliamentary representation as the “winners bonus” has a cost: the underrepresentation of smaller parties.

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37
Q

What is the convention of individual ministerial responsibility?

A
  • Ministers accountable to Parliament for own and department’s conduct.
  • Expected to inform, explain, and take responsibility or resign for wrongdoing or serious errors.
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38
Q

What is Question Time?

A

On Monday-Thursday each week, time is reserved in the Commons for Question Time, where MPs can question Ministers from a particular government department. Each department takes its turn, appearing roughly every five weeks, according to a timetable set by the government.

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39
Q

Which MPs get to ask questions at Question Time?

A

MPs have to submit their questions at least three days in advance of Question Time. After the window for submitting questions closes, a computer randomly shuffles the submitted questions and the top 25 are printed.

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40
Q

Why is it arguable that oral questions are more about partisan point scoring than effective scrutiny?

A

Oral questions can be very political. They can be more about embarrassing or supporting the government than real fact finding.

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41
Q

What are topical questions at Question Time? How have they improved QT?

A

Since the 2001-2008 session, 25% of time in each Question Time session has been reserved for topical questions, which ministers do not see in advance. If they are lucky in the ballot for topical questions, they can ask a question on any relevant issue, allowing them to bring up breaking news and the most current developments.

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42
Q

What is Prime Minister’s Questions?

A

MPs are able to question the Prime Minister every Wednesday from 12 until 12.30. Questions are randomly selected by a computer shuffle, and the PM must also answer supplementary questions they do not see in advance. The Speaker usually allows the Leader of the Opposition to ask up to six supplementary questions.

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43
Q

What are the the strengths and weaknesses of PMQs?

A

Critics argue that PMQs is more about partisan point scoring than scrutiny and accountability. Most people only see the highlights of PMQs on the evening news, encouraging a focus on short, witty soundbites. Others consider PMQs a unique opportunity for the legislature to directly challenge the executive.

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44
Q

What are urgent questions? How has their use changed in recent years?

A

If the Speaker is satisfied that a question is urgent, and cannot wait for the relevant department’s next session of Question Time, then the MP can ask it at the end of that day’s QT. Ministers sometimes have to get to the House at quite short notice to answer these questions and have far less time to prepare their response than they usually do. Their use has greatly increased in recent years.

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45
Q

How are oral questions different in the House of Lords?

A

The House of Lords reserved 30 minutes for four oral questions each day but the key difference is that questions are put to the government as a whole, rather than to specific departments. Questions are tabled in advance, and relevant ministers with a seat in the Lords are required to attend and answer them. There is also a ballot to ask a topical question as the fourth question in the day’s session.

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46
Q

How do written questions work? What are their advantages over oral questions?

A

Written questions often prompt more detailed responses from the government. Departments can publish more information than can be delivered orally in the chamber.

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47
Q

What is parliamentary privilege?

A

This refers to the special protection that MPs and Peers have when they are engaged in parliamentary business. It means that MPs and Peers cannot be prosecuted or sued for libel or slander for any actions taken within the Palace of Westminster.

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48
Q

Why is parliamentary privilege important?

A

It is a vital principle as it means that members can more effectively call government and ministers to account; they do not feel at all constrained.

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49
Q

Why does parliamentary privilege still have restriction?

A

Members can’t still just act as they please - those who have abused parliamentary privilege may be disciplined for using provocative language, though this is a fairly weak check.

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50
Q

What are the four key types of committee?

A
  • Departmental Select Committees (DSCs)
  • Public Accounts Committee
  • Backbench Business Committee
  • Liaison Committee
51
Q

Why would committees be considered the most important method of scrutiny?

A

Because they are more independently minded than most MPs, though it would be an exaggeration to call them impartial.

52
Q

What is the Public Accounts Committee?

A

The oldest and most important committee. Remit to ensure “value for money” in public finances and that taxation and spending is done effectively.

53
Q

What are the strengths of the Public Accounts Committee?

A
  • The Chair is always a member of the Opposition
  • Members are elected by all MPs not party leaders
  • Members tend to act independently and not follow party discipline
  • High profile investigations lead to successes, giving hard-hitting and critical reports
54
Q

What are the weaknesses of the Public Accounts Committee?

A
  • Has been encroached up
  • No legal power to enforce its reports and can be ignored
  • Ratio mirrors that of the Commons, governing party MPs have a majority
55
Q

Give a successful example of the Public Accounts Committee?

A

They led an investigation in 2015 into the effectiveness of cancer care by the NHS. The report was highly critical of variations in cancer treatment in different regions and for different age groups. It also criticised low cure rates and increased waiting time for patients for treatment. The publicity caused the government to launch a review into cancer treatment and set up an independent cancer task force to improve the delivery of cancer treatment across the UK by 2020.

56
Q

In 2021, how many Departmental Select Committees were there?

A

20

57
Q

Give three examples of Departmental Select Committees?

A

Home Affairs Select Committee; Culture, Media and Support Select Committee; Treasury Select Committee.

58
Q

Usually how many members does a Departmental Select Committee have?

A

Most have 11 members

59
Q

What powers do Departmental Select Committees have?

A

They can summon witnesses and examine restricted documents. They spend much of their time questioning ministers, officials and outside experts.

60
Q

What are the strengths of DSCs?

A
  • More independently minded than backbenchers
  • Offers a career for chairs outside of the Commons, thus allowing for a build-up of expertise
  • 40% success rate in government accepting recommendations (A03: success rate on bigger issues lower)
61
Q

What is an example of a high profile DSC success?

A

2016 Business, Innovation and Skills Department investigation into working practices at Sports Direct. Concluded that Mike Ashley must be held accountable for ‘extremely disturbing’ working practices at the company.

62
Q

What are the weaknesses of DSCs?

A
  • No legal power to enforce its reports and can be ignored
  • Ratio mirrors the Commons - governing party MPs have the majority
63
Q

What is the liaison committee?

A

A “super committee” of the heads of the DCSs. The PM has to go before it twice a year and account for policy.

64
Q

What are the strengths of the liaison committee?

A
  • Expertise: the best of each committee
  • Gave Johnson a hard grilling after the resignations of Javid and Sunak
65
Q

What are the weaknesses of the Liaison Committee?

A
  • Only twice a year
  • No legal powers
  • Johnson avoided it
66
Q

How is the opposition secure?

A

The “official opposition” is recognised in the British constitution.

67
Q

What are the purposes of the opposition?

A
  • Provide an alternative “government in waiting”
  • Hold the government to account and force it to explain its actions
  • A share organising parliamentary business
68
Q

What influence does the opposition have in deciding parliamentary business?

A

They have the most questions (6) at PMQs and has some control over parliamentary agenda. There are 20 days, known as opposition days, which are devoted to debates in issues chosen by the opposition.

69
Q

How and why has the opposition’s influence in deciding parliamentary business changed after the 2015 election?

A

Before 2015, a coalition still saw a traditional opposition, whereby the government presented a set of policies and the opposition challenged those proposals with which it disagreed and presented alternatives. But in 2017, when a minority government formed, there was more opportunity for the opposition to be an effective check on the government. As the government had no parliamentary majority that they could rely upon, they needed to build a coalition of support for each policy initiative, thus meaning opposition members could now have a real impact on policy. But with the crisis of Brexit, it led to chaos.

70
Q

When and why are debates held?

A

Occasionally, Parliament is called on to hold debates on matters of national interest. On constitutional issues, referendums are becoming the norm with direct democracy replacing representative democracy. But referendums are not always appropriate and so parliamentary debates fill this role.

71
Q

Give a key example of a debate discussed in Parliament.

A

Debate which resulted in Cameron losing the vote on Syria in the Commons, likely due to the legacy of Iraq. Nick Robinson of the BBC said Cameron had lost control of his foreign and defence policy. By tradition, that is a matter of confidence, and should have led to a General Election immediately.

72
Q

What is a bill?

A

Proposal for a new law, or a proposal to change an existing law.

73
Q

What are public bills?

A

Public bills are bills that have a general effect - they make changes that effect the population.

74
Q

What is a government bill?

A

A public bill introduced by the government.

75
Q

What is a private members’ bill?

A

A public bill introduced by backbench MPs.

76
Q

How are private bills different to public bills?

A

Private bills make changes to laws that only apply to specific individuals or organisations. Outside groups can request a private bill when they would like to acquire powers that go beyond general law.

77
Q

What is a hybrid bill?

A

They have a general effect but some provisions single out particular individuals/groups.

78
Q

What is a consultation?

A

A consultation is where outside groups are invited to contribute as the government decides what to include in the bill

79
Q

What are green papers?

A

Green papers are a consultation document that explains the specific issues the government would like to address, along with various courses of action to prompt debate and discussion.

80
Q

What are white papers?

A

White papers are a more focussed document than green papers that set out the government’s plans for new legislation and invites feedback so that necessary changes can be made before the bill is presented to parliament.

81
Q

Once a bill has been drafted, what happens at the first reading?

A

It is mostly a stage of formality. The title of the bill is read out, and this is followed by an order for it to be printed. There isn’t a debate on the bill at this stage.

82
Q

What happens at the second reading of a bill?

A

The minister responsible for the bill makes a statement supporting it. This is followed by comments from the relevant shadow minister. MPs then debate the general principles of the bill, rather than specific clauses, and then vote on whether the bill should progress. The last government bill to be defeated at this stage was the 1986 Shops Bill.

83
Q

In the House of Commons, what happens at the committee stage of a bill?

A

The bill is then sent to a Public Bill Committee (PBC) which scrutinises the bill line by line. PBCs are temporary - named after the bill they are scrutinising and disbanded when finished. They have 16-50 members and the composition of the PBC is roughly proportional to the rest of the House. PBCs can receive written evidence, and conduct oral evidence hearings before they begin scrutinising the bill.

84
Q

What are the differences between Public Bill Committees and the Committee of the Whole House?

A

It is also possible for bills to be sent to the Committee of the Whole House, which takes place on the floor of the chamber allowing any interested MP to take part. Often used for bills of major constitutional importance, or of great urgency, or for bills that are so uncontroversial they have little opposition. In the 2013-2014 session, the Wales Bill, which sought to devolve powers further to Wales, was taken in the Committee of the Whole House.

85
Q

What happens at the report stage of a bill?

A

Once a committee has examined the bill, it is reported back to the House of Commons. MPs debate the bill in its amended form, possibly amending or repealing changes made by the PBC - MPs can propose new amendments on points that were no raised during the committee stage.

86
Q

What happens at the third reading of a bill?

A

MPs debate the overall content of the bill, and decide whether to accept or reject it in its current form. No more amendments are proposed at this stage. As with the second reading, it is unusual for bills to be defeated at this stage.

87
Q

How is the committee stage of a bill different in the HoL?

A

There are no PBCs in the Lords - all peers can participate in the committee. Bills are scrutinised by the Committee of the Whole House (meets in the chamber) or Grand Committee (meets away from the floor of the House).

88
Q

Why are bills debated for so much longer in the House of Lords?

A

In 2016-2017, peers spent 407 hours, 18 minutes debating government bills on the floor of the House. Peers in the Lords can debate for as long as the House feels is appropriate.

89
Q

What happens during ‘ping-pong’? What happens if the two houses reach a stalemate?

A

If the Commons agrees with the amendments, the bill can proceed for Royal Assent. If the Commons disagrees with the amendments, or makes alternative amendments, the bill returns to the Lords. If the Lords accepts these changes, the Bill can proceed for Royal Assent. If the Lords disagrees to the changes made by the Commons, the bill returns to the Commons. If the two houses reach a stalemate, the bill will fail in that session.

90
Q

What are the three ways that backbench MPs can introduce a private members’ bill?

A
  1. Ballot bills: At the beginning of the parliamentary year, all MPs who wish to introduce a PMB sign a book and their names for what is essentially a lottery in which 20 names are selected at random.
  2. 10 minute rule bills: MPs enter their names into a weekly ballot and, if successful, are able to make a short speech of no more than 10 minutes outlining their proposed bill after Question Time on Tuesdays and Wednesdays.
  3. Presentation bills: Members introduce the title of their bill but unlike with 10 minute rule bills they are not allowed to speak about it.
91
Q

What is secondary/delegated legislation?

A

Primary legislation (Acts of Parliament) grant ministers/public bodies power to make secondary legislation (statutory instruments).

92
Q

Under the negative procedure, how do statutory instruments become law?

A

Statutory instruments are laid before both house of parliament and become law on a stated date unless either house passes a motion (known as a ‘prayer’) within 40 days that the statutory instrument be annulled. Statutory instruments are only debated (for a maximum of 90 minutes in the Commons) if an MP requests a debate but as there is not time set aside for such debates, and the government largely controls the Commons’ timetable, many requests fail.

93
Q

Under the affirmative procedure, how do statutory instruments become law?

A

Statutory instruments are laid before parliament and must be approved by both Houses before it can come into effect. In the Commons, the statutory instrument is sent to a Delegated Legislation Committee - temporary committees that can debate the statutory instrument for a maximum of 90 minutes. The Commons then votes on the statutory instrument without any debate beforehand, on another day. Peers debate statutory instruments on the floor or in a Grand Committee.

94
Q

Why does parliament still have to legitimise all laws, taxes and spending, even though we have an elected government?

A

While governments can claim a mandate for their policies, by winning free and fair elections, all laws, taxes and public spending proposed by the government still has to be approved by Parliament. As a representative democracy, we rely on our representatives in parliament to legitimise the government’s policies on our behalf.

95
Q

How, and why, does the House of Commons play a particularly important legitimisation role?

A

All money bills must originate in the House of Commons, and cannot be amended or delayed by the House of Lords. The Parliament Acts allow the House of Commons to force through bills without the consent of the House of Lords.

96
Q

Why do the Royal Prerogative powers arguably raise legitimacy concerns?

A

In recent years, a number of legal limits have been placed on prerogative powers. E.g. Fixed Term Parliament Act limited the prerogative power to dissolve parliament and trigger a general election; and the Constitutional Reform and Government Act placed limits on to prerogative power to negotiate treaties. This has given government more influence and decisions/actions greater legitimacy.

97
Q

What are some examples of reforms that have attempted to give the use of the prerogative powers greater legitimacy?

A

The prerogative power of power to declare war has also become limited by non-legal conventions. In 2003 Blair asked the Commons to approve the decision to go to war in Iraq. It was approved 412-149. In 2013 Cameron asked parliament to approve military action in Syria. He was defeated 285-272. Legally, Cameron still had the power to proceed with his plans, but he recognised that serious questions would have been raised over the legitimacy of such decisions.

98
Q

Why can referendums be said to provide a competing source of legitimacy? Which source is ultimately most important?

A

52% voted in favour of BREXIT in the 2016 EU Referendum but a majority of MPs voted to remain in the referendum. Some Brexit voters became concerned that if an Act of Parliament was needed, Brexit might be delayed, or watered down by MPs and Peers. But ultimately parliament is sovereign.

99
Q

How has the use of secondary legislation changed in recent years?

A

Ministers are controversially increasing using statutory instruments to make much more significant reforms.

100
Q

What are skeleton bills?

A

Skeleton bills are bills that contain few specific details, mostly broad targets, and gives ministers broad powers to fill in many gaps with secondary legislation.

101
Q

What are Henry VIII clauses?

A

They are parts of bills that grant ministers the power to amend, or even repeal, existing Acts of Parliament, with secondary legislation.

102
Q

Why has the changing use of secondary legislation raised legitimacy concerns.

A

As statutory instruments receive so much less scrutiny than bills, and are so rarely defeated, it has become increasingly tempting for the government to introduce bills that delegate vast powers to make secondary legislation.

103
Q

What are policy making legislatures?

A

These amend or reject legislative proposals made by the executive, and can put forward alternative bills. The US senate is in this category.

104
Q

What are policy influencing legislatures?

A

These can modify or reject legislative proposals from the executive but are unable to develop extensive legislative proposals of their own.

105
Q

What is legislature with little or no influence?

A

These are unable to modify or veto legislative proposals from the executive, and cannot formulate meaningful alternative proposals of their own.

106
Q

How does government control parliament on a daily basis?

A
  1. They have majorities - FPTP overrepresents the winner
  2. They control the parliamentary timetable and most bills are government bills. The opposition only has 20 days a year to decide debate topics.
  3. Discipline/”payroll vote” - party whips can effect the career of an MP
  4. Statutory Instruments/Henry III clauses - useful way of avoiding scrutiny
107
Q

How does the size of a majority effect how well parliament performs?

A

Allows the government to absorb rebellions.

108
Q

In what circumstance can a government with a small majority control parliament?

A

If they have strong party unity

109
Q

Since when have rebellions increased?

A

Since the 90s

110
Q

Who rebelled against Johnson’s Brexit plan?

A

21 Tory MPs including Dominic Grieve, Caroline Noakes, David Gauke and Rory Stewart

111
Q

How were Tory rebels dealt with post-Brexit?

A

They had the whip removed by Johnson and were forced to sit as independent MPs. One of the MPs sacked by Johnson was Churchill’s grandson, causing some uproar.

112
Q

Give brief notes on the government defeat on the EU Withdrawal Agreement 2018.

A

In January 2019, May’s government was defeated by 432 votes to 202 votes on the Brexit deal it was offering parliament. This crushing defeat of her government’s central policy by 230 votes was the biggest any British government has suffered. In March 2019 a modified deal was defeated by 391 to 242 and a third attempt in March was defeated 344-286.

113
Q

Give brief notes on the government defeat on the Letwin Amendment 2019.

A

On 3 September 2019, in an emergency debate, 21 pro-EU Tory MPs voted for Oliver Letwin’s amendment for the House of Commons to take control of parliamentary business to stop the possibility of the Johnson government leaving the EU with a no-deal Brexit. The government lost 328-301.

114
Q

Give brief notes on the government defeat on Cameron’s proposal for military action in Syria?

A

MPs rejected possible UK military action against Syrian President Bashar al-Assad’s government to deter the use of chemical weapons. The motion was defeated 285-272, thus also ruling out joining US-led air strikes. The result of this defeat is likely because of the cloud of Iraq still hung low and having wanted to avoid the disaster they had previously encountered/caused.

115
Q

How can we see an unequal relationship between the Commons and the Lords?

A
  • Ultimate legal sovereignty (HoC) vs Lack legitimacy (HoL)
  • Can veto legislation (HoC) vs Have partial bi-cameralism: Parliament Act 1949, Salisbury Convention, Financial Privilege (HoL)
  • Can dismiss a government via a vote of no confidence (HoC) vs Cannot make a vote of no confidence (HoL)
  • MPs can defy whips (HoC) vs Peers have threat of reform is they resist (HoL)
  • Input legitimacy (HoC) vs Output legitimacy (HoL)
116
Q

What are the strengths of the Lords?

A
  • Looser party discipline: As Lords are not elected; the threat from party whips is less important and Lords find it easier to rebel.
  • Experience:
    a) “Generalist” ex ministers and MPs have years of legislative experience
    b) Experts in their field are often appointed who give great “functional representation” from business, medicine, the military etc. These people would often not stand for election. This makes them very effective in their scrutinising/revising role.
  • Time: Far stronger at secondary/delegated legislation.
117
Q

How has the House of Lords changed since 1999?

A

They have become more assertive

118
Q

How many times was the government defeated in the Lords in 2021?

A

126

119
Q

Why has the Lords become more assertive?

A
  1. Party balance: No party has an overall majority in the Lords, so governments must win cross-party support for their legislation. Cross-benchers may also be influential but are not a cohesive block. The government is most likely to give ground when its peers rebel or abstain.
  2. Enhanced legitimacy: The reformed Lords is more confident of its legitimacy and more willing to flex its muscles on legal constitutional issues.
120
Q

What are three arguments for an all-appointed House of Lords?

A
  1. People with special experience and expertise could be recruited into the legislative process.
  2. The political make-up of an appointed body could be manipulated to act as a counter-balance to the government’s House of Commons majority.
  3. Without the need to seek re-election, members would be more independently minded.
121
Q

What are three arguments for an all-elected Lords?

A
  • All elected second chamber would be wholly democratic
  • If elected by some kind of proportional representation, it would prevent a government having too much power
  • Under PR, smaller parties and independent members would gain representation they cannot win through FPTP in the House of Commons.
122
Q

What is an argument for a part elected and part appointed Lords?

A

Such a chamber could enjoy the advantaged of both alternatives.

123
Q
A