Parliament

Question 1

Selection of members in the HoC

Answer 1

650 constit… 2015 3971 candidates seeking election… av of 6 per constit
Under fixed term parl act (2011) gen elecs are supposed to be held at regular intervals… early GE can be held if vote of no confidence… pm doesn’t form new gov in 14 days, 2/3 MPs support a motion calling for GE
3/4 of the total membs of the commons are known as backbenchers

Question 2

Passing leg in HoC

Answer 2

Hoc exclusive power to give consent to taxation
Most leg is initiated by gov… limited opp for backbench and opposition MPs to prop measures of their own
Parl mostly reacts to measures but b4 it by the exec, rather than dev its own legislative props, rarely able to def or sig amend legislation… requires solid opposition+ Rebs for ex DC def in March 2016 on Sunday trading
Party whips resp for ensuring MPs vote as they should… rewards if do.. punishments is don’t e.g AMM sups from party + sit as indep

Question 3

How can govs push through leg

Answer 3

Use the argument of overriding nec
The 2005 prevention of terrorism act, intro control orders for indivs susp off terrorism… completed all its stages in 18 days

Question 4

Bills being unworkable

Answer 4

Some are so poorly drafted virtually unworkable
1991 dangerous dogs
Passed after tabloid stories about dog attacks… critics argued that instead of prohibiting certain dog breeds, should have targeted irresponsible owners
A review by the RSPCA, 25 years later, showed that 30 deaths caused by dogs in that period, 21 not spec in that act

Question 5

Main functions of HoC

Answer 5

Passing legislation
Scrutinising of the exec
Prov mins
Rep the electorate

Question 6

Providing mins

Answer 6

Convention is that mins must be sitting in one of the two houses. Parliament acts as a recruitment ground for future mins, w/ the whips making recommendations to the PM on suitable cands for prom.
PM has a wide power of patronage

Question 7

Exclusive powers of HoC

Answer 7

Exclusive authority to give consent to taxation & pub expenditure
Chancellor of the exchequer- obliged to sit in commons, where the annual budget is always pres
Confidence & supply - can occur in the event of a minority gov, where the governing party does not join a formal coalition- relies on a limited agreement w/ another party- the cons arrangement w/ the DUP following the general election in June 2017.. cons 8 seats short… sup in case of no confidence + budget… concessions

Question 8

How effectively does parl perform its representative function?

Answer 8

MPs loyalty to party + need for power comes into conflict w/ need to rep a constit
Ministerial code… advises to avoid conflict of interest
Allowed to make reps as long as clear acting for constit for ex in 2006 Hazel Blears, a memb of TBs cab, sup protests against the planned closure of part of a hospital in her Stafford constit
Cons not rep of Soc as a whole 35% women compared to 51% of pop

Question 9

Representing the electorate

Answer 9

Commons has a rep function… elected
MPs are not delegates of their constit… use their own judgement on how to vote, rather than taking instructions from those who elect them
FPTP system means that there is a strong link between MP + constituency
MPs are expected to respond to issues raised by Indiv constituents and stand up for local interests at w’minster e.g Anthony Mangall + fishing rights for Brixham
+ a no of the 44 MPs who voted against the plans for the London to Birmingham High Speed Rail link (HS2) in March 2016… rep cons who wld be affected

Question 10

Parl scrutiny

Answer 10

OPP seeks to hold the gov to account and expose its errors
Ministers have a duty to explain & defend their pol in parliament
Most imp was scrutiny is performed
-questions to ministers- may call for oral or written answers. PMQs, weekly in the commons has been criticised for being unduly theatrical and largely a point-scoring exercise dom by the PM + leader of opposition
Select coms which shadow Indiv gov depts in coms
Debates can be impressive set-piece events, such as Aug 2013 HoC deb in which the cam gov was defeated on its prop to undertake mil action in Syria.
Since 2010 the creation of the Backbench business com has given MPs to shape the agenda by allowing them to choose the topic of debate on one day per week

Question 11

Members of HoL

Answer 11

Does not have an upper limit on the size of its membership
April 2024- 788 membs
92 Hereditary, life peers & 26 ‘lords spiritual’ who sit in for historical reasons

Question 12

Passing legislation in the HoL

Answer 12

Lords are not allowed to interfere w/ the passage of ‘money’ bills
Lords have a right to amend non-financial legislation
Smaller teams of whips

Question 13

Providing mins in the HoL

Answer 13

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

Question 14

Parliamentary scrutiny in the HoL

Answer 14

DC= HoL + for sec, normally very few lords who are mins
Gov depts are rep in the Lords by a jr minister whose role is to oversee the passage of business through the upper house
Debates in the lords are oft given credit for their high quality, w/ participants commonly incl recently retired indivs w/ expertise in a partic field, rarely infl the course of events

Question 15

The Lords + party Dominance

Answer 15

The lords is only rep in the sense that it contains ppl w/ a wide range of prof backgrounds… not org systematically.
The Lords is not dom by a single party in the way that the commons oft is, as a consequence of the distorting effects of FPTP
The Lords does not reflect the composition of the wider UK Soc. 1/2 over 75 3/4 male 5% ethnic minority

Question 16

Main legal restraints of the HoL

Answer 16

Most imp legal restraints on the power of the Lords are prov by the parl acts of 1911 & 1949. The first of these came about when the Lords broke w/ the convention, est since the late 17th century, that they should not interfere w/ matters of taxation aft ppls budget

Question 17

1911 and 1949 acts ag the lords

Answer 17

1911
-the lords had no right to delay money bills
-its power to veto non-financial bills was to be replaced by a power of delay lasting two parl sessions
1949
-only one session

Question 18

1945 Salisbury convention constraining Lords power

Answer 18

Lords wld not oppose if mentioned in manifesto of winning party.

Question 19

The Lords Power

Answer 19

Acts mainly as a revising chamber, prop amendments to gov legislation, which it is up to gov to accept or reject
can delay non-financial legislation for one year
The only scenario Lords can veto is if gov tries to extend its own life

Question 20

In what ways is the Lords becoming more important?

Answer 20

1999 removal of hered peers… incr sense of leg
Life peers more likely to play a reg part in the work of the house.. hered peers rarely appear
Cons defeats 1979-97 211
Lab defeats 1997-2010 528
Trad dom of the house by the cons party came to an end.. no party has overall control of the Lords & so careful management of the house has become more important for govs
LD peers dem growing indep during the period of new lab gov
For ex after 2005 gen elec they opposed TBs prop for identities card even though announced in advance… no longer Salisbury convention bc got elected on low prop of vote

Question 21

Coalition gov putting strain on Salisbury convention

Answer 21

Gov prog was based on coalition agreement, never put before voters

Question 22

Cross-benchers in the Lords

Answer 22

Began to play a more imp role in holding gov to account.
As neutral figures they are more likely to assess a bill on its merits + to decide accordingly whether to support or oppose the gov
For ex, the cross-bench peer Lord Owen played a leading role in opposing the coalition govs controversial health & social care bill, measure was passed in March 2012 after the gov accepted the amendments prop by the Lords

Question 23

How does the commons maintain its supremacy?

Answer 23

Does agree on occasions when there is obvious flaws in its own legislation
When clashes do occur the gov can usually make use of its maj in Commons to overturn critical Lords amendments if chooses to do so.
For example Feb 2012 coalition gov rejected 7 amendments to its welfare reform & work bill- arguing only commons can make dec w/ large financial imp.

Question 24

Example of lords backing down

Answer 24

2005 prevention of terrorism bill… entailed a marathon of sitting for 30 hours… extreme ping pong… Lords wanted sunset clause- automatically expire… Lords backed down… gov prom review

Question 25

Last resort… use of parl act

Answer 25

Can be used to force a bill through
For ex;
Changing the voting system for European parl elecs (1999)
equalising the age of gay + het ppl (2000)
Banning hunting w/ dogs (2004)
Lords will usually drop its opposition after making a point… rec that it lacks the dem legit needed to push its case further.

Question 26

Lords rejection of tax credit cuts

Answer 26

Rejected plans to cut tax credits and to compensate those who were affected in Autumn 2015
Some argued it was a financial measure so lords should have not been involved … strictly speaking was right bc ‘statutory instrument’ rather than primary legislation- bc not started a new bill, Lords was allowed to reject
Lords decided not to block all-together but held their ground, backed away from further confrontation.

Question 27

Government bill or public bill

Answer 27

Most imp prop that can be debated in parliament
Brought forward by gov mins to change public policy, for ex the reorganisation of the NHS which was brought about by the 2012 health and social care act

Question 28

Private bill

Answer 28

less common
Sponsored by an org such as company or local auth, w/ the intention of changing the law as it affects of org
a group affected by such a bill has the right to petition parliament against it
For ex 2013 London Local Authorities & Transport for London act which into new powers for dealing with obstructions caused by builders & road users in the capital

Question 29

Hybrid bill

Answer 29

Has characteristics of both pub + priv bill
Proposes changes to the law which would affect the general public, but certain groups or areas in particular
The Bill to build the HS2 rail link from London to Birmingham (and then to Manchester and Leeds is an example)

Question 30

Private member’s bill

Answer 30

Affects the whole pop, intro by an Indiv backbench MP or a member of the Lords
Much less likely than a gov bill to become law, depends on time found for them to complete stages in parliament
In the commons, at the start of each session the names of MPs applying to into a priv memb bill are drawn in a ballot
Alt is for a memb to make a prop using the 10 min rule, but this allows for little more than airing of an issue in a speech
Some landmarks have, however, originated as priv memb bills. An ex of such a measure is the imposition of a duty on councils and NHS services to look after ppl w/ autism, passed in 2009 which was initiated by Cheryl Gillan MP

Question 31

Origin of a bill

Answer 31

A bill may originate as a green paper (a document setting out options for leg and inviting consultation) and/ or a white paper (a more detailed statement of a gov’s intentions)- NOT compulsory

Question 32

First reading

Answer 32

First compulsory stage. The bill is made available to MPs but is not debated or voted on at this stage.

Question 33

Second reading

Answer 33

Principle of bill is debated and a vote may be taken if contested

Question 34

Committee stage

Answer 34

Bill is scrutinised in detail by pub bill com, whose memb reflects the strength of the parties in the commons. Amendments may be made at this stage if the gov is prepared to accept them

Question 35

Report stage

Answer 35

Whole house considers amendments at com stage & may accept or reject them

Question 36

Third reading

Answer 36

Amended bill is debated and voted on by the whole House

Question 37

HoL stages

Answer 37

Bill goes through same stages in the Lords, with exception of the committee stage, carried out by whole house, Lords prop amendments. Commons has to decide whether to accept or reject or further amend these.
The bill can be in ‘parl ping pong’ for up to a year b4 it becomes law

Question 38

Royal assent

Answer 38

Monarch signs the bill, making it law. This stage is a formality as the Sov is the constit monarch, who would not get involved in pol by ref to sign a bill

Question 39

Sig of backbenchers

Answer 39

Some commentators sug that backbenchers are holding an incr sig role w/in parliament… especially in scrutinising gov activity
The creation of the b’bench business com in 2010, which is allowed to choose topic for 35 days in each parliament session
Chosen in response to e-petitions signed by membs of the public, 100,000 signs required to qual
Led to holding of debs on subjects which may otherwise not be chosen… ex intro of Harvey’s law 2015 which obliges the highway agency to notify owners of pets who are killed on the roads
The b’bench business com responds to prop that command cross-party sup, incentive for MPs to work together

Question 40

Backbench Rebs

Answer 40

Rise in the no of backbench Rebs ag gov measures even if the average no of MPs involved in Rebs have decr
35% of coalition MPs Reb during the 2010-15 parl, 2005-2010 parl = 28%
If gov is not certain of getting its business through… might choose not to proceed.
The coalition govs dropping of its HoL ref bill ft 2nd reading in 2013= ex

Question 41

Parliament privacy

Answer 41

Concept means that w/in the confines of parl, they may say what they like, w/out being subject to outside infl… this incl immunity from being sued for libel
Role of parl priv is to ensure MPs and peers enjoy their historic right to freedom of speech

Question 42

Urgent questions

Answer 42

Increase in the use of ‘urgent questions’ - a device that, subject to approval of the speaker, allows an MP to raise an important matter requiring an immediate power from a gov min
Speaker John Bercow allowed a total of 3547 urgent q’s in 2009-13 while his predecessor Michael Martin (2000-2009) presided over only 1234 in a much longer period.
One ex = summoning of work & pensions sec Damian Green in Feb 2017. Summoned to answer an urgent q put by lab MP Stephen Timms regarding to personal indep payment, a benefit paid to disabled people

Question 43

Limits on backbencher influence

Answer 43

MPs can use various methods to draw attention to issues in which they are interested, but his does not mean they will succeed in getting any action taken. One example is the adjournment debate, after the official business of the House is over, there is an opp to raise an issue & a min will respond.
10 min rule- will likely only air debate unlikely to come to anything

Question 44

Limits on backbench influence- public bill

Answer 44

Public bill coms give MPs an opportunity to to propose amendments to legislation, and each clause of a bill is scrutinised
However gov has a majority on these coms and oft will use its position of strength t intro its own amendments, rather than listening to props from opp MPs
The power of patronage & ties of party loyalty, reinforced by the party whips remain important factors in the commons.

Question 45

B’benchers in the lords

Answer 45

Usually est figures in their own fields + many are retired pols. The prom of a gov post cannot therefore infl them as much as it might a b’bench MP, likely to act indep.
Growing prom of cross-benchers who have no party affiliation.

Question 46

Select com to scrutinise

Answer 46

Scrutinised the policy, admin & spending of each gov dept
Sev non-dept select coms w/ spec funding
Pub accounts committee examines govt expenditure, seeking to ensure that value for money is being obtained
The liaison committee, consists of the chairs of all select committees, questions the PM twice a year across the whole field of gov policy
The com on standards oversees the work of the parl commissioner on standards, an official who is in charge of reg MPs conduct incl their financial affairs.

Question 47

Set up of a select committee

Answer 47

Each dept select committee consists of a minimum of 11 b’bench MPs.
Their composition reflects the balance of party strength in the HoC.
For example, the ed select com was chaired by cons MP Neil Carmichael after 2015 gen elec… /10 other membs, 5 = cons, 4= lab, 1= SNP
Rej intro in 2010 chairs = now elec by fellow MPs rather than chosen by party whips, a move which has increased their indep. Memb chosen by secret ballot w/in party group

Question 48

Role of selec com

Answer 48

Members of select committee decide on the areas that they will invest
Have power to gather written & oral evidence & to summon witnesses including nuns, civ servants etc
Select com may appoint specialist advisers- possibly academic in the field they are investigating- to assist them in their work
Prod a rep, to which the gov is expected to resp w/in 2 month

Question 49

Why are select committees important

Answer 49

Work is respected bc it is ev-based. Hearing are televised & reported in the media, which incr their infl. Air issues of public interest. The transport select committee, for example, held Transport sec Patrick McLoughin to account fir the West Coast main line franchise in 2012
Scope of the com work = widened in recent years to include the scrutiny of leg. Hold pre-appointment hearings, in which they int cands for some public roles… The treasury select com, right to veto the c of escheq for the head of the office for budget responsibility
Long standing members can accumulate more knowledge of a partic pol area than a min. Now rec as an alt to the ministerial ladder. Ex Marge Hodge, chair of public accounts com from 2010-15… she had more infl in that role than as a min earlier in her career
Direct infl on gov pol, for ex in 2014, home affairs select committee took the passport office under min control- chief exec of passport off had been crit for a large backlog in apps

Question 50

HoL select coms

Answer 50

Operate on a diff basis
Do not shadow gov dept, instead scrutinise leg & investigate partic issues
constit com, examines pub bills for their constit imp
Lords = Econ affairs look at wider issues not just treasury + HMRC
- can draw on a range of well-qual experts in diff fields
-wider impact = lim

Question 51

Infl of select coms should not be exag

Answer 51

Majority of sel com membs will be drawn from governing party & there is a trad that MPs from the gov chair the influential treasury, foreign affairs + defence commission
Although resources available have increased the coms can cover only a limited range of topics in depth & there is a tendency to avoid investigations into more long-term strategic issues
Still high turnover rate of membs - MPs dont attend reg
Gov accepts an est 40 % of SC recs, rarely involve major changes in pol

Question 52

Issues with the opposition

Answer 52

OPP parties are not in a strong enough position to to hold the gov to account in parliament unless its majority is small
OPP leaders can often make little impact on public

Question 53

What do the opposition do to make up for lack of power?

Answer 53

Concentrate on attacking the gov through the media, where they reach a larger audience
Dilemma in criticising ministers but appearing statesman like
Leader of opposition in holding gov to account by taking a leading role in resp to the gov projects set out in the Q’s speech + replies to chancellor of the exchequer’s budget speech

Question 54

Opposition days

Answer 54

Opposition parties are allocated 20 days a year to propose subjects for debate
17 days for leader of official opposition leaving other 3 days to 2nd largest opposition party
These occasions are only of symbolic importance, allowing op parties to share their views on aspects of gov pol
2024 SNP ceasefire in Gaza, labour knife + sword ban
Gov will usually table an amendment to the opposition motion, cancelling it out by commending its own pol… w/ maj no diff carrying through amendment.

Question 55

Assistance for opp parties

Answer 55

To carry out their parl business in their form of ‘short money’… fund also proves help w/ the running costs of the leader of the OPPs office
Made to compensate for the fact opp parties do not have access to the civil service. Cut in 2015 on the grounds op parties should make sacrifices when Whitehall dept funding was reduced.
Supposed to spend on pol research & the salaries of staff who work for the opp in parliament, rather than the party HQ.

Question 56

PMQs

Answer 56

Held once a week at 12pm for 30 mins each wed when parl is sitting. Attract consid attention in press and TV rep
Some argue it obliges the PM to engage w/ opp on range of topics & intensive prep goes on in no 10
TB later described it as ‘the most nerve-racking, discombobulating, nail-biting, bowel-moving, terror-inspiring, courage-draining experience in his political life’

Question 57

Complaints about PMQs

Answer 57

‘Gladiatorial’ nature of the encounter between the PM and+ the leader of the opposition
Tends to be more about personalities than gov pol
For ex DC insulting Corbyn’s suit
Stage management w/ MPs on the gov side delib asking planted Q’s to present the PM in a good light
2012 Desmond Swayne had orchestrated heckling of the lab leader Ed Miliband & had asked cons MPs to create a ‘protective wall of sound’ around the PM when he faced opposition criticism.

Question 58

Ministerial questions

Answer 58

Better scrutiny of gov activity by the rota on which mins answer Q’s ab their own depts.
Usually entail more detailed Q’ing & mins are given notice of oral q so they can prepare we/ assistance of civ servants
MPs can also sub written qs that are answered by civ servants
Allow op MPs to inform themselves on gov pol & Indiv membs can raise w/ their constit
Less well-known than PMQs