Parliament Flashcards
Who forms parliament?
House of Commons, House of Lords, Monarch
What is the main function of the Speaker of the House of Commons?
Maintain order and ensure that MPs comply with the rules of parliamentary procedure.
The Speaker is politically impartial and will no longer be a member of their political party.
In the House of Commons, where do MP’s who belong to the same political party as government sit?
They will sit with government (with MPs who are ministers sitting on the front benches)
Who is the Leader of the Opposition?
The largest party not in power will form his majesty’s loyal opposition. The Leader of the Opposition will debate with and question the PM on the performance of their government.
The Leader of the Opposition is supported by the shadow cabinet.
How many days after the dissolution of government is the general election held?
After 25 days. Dissolution means parliament has ended. No more legislation can be passed, all committee inquiries stop, and all seats in the House of Commons are vacated.
Who is excluded from becoming a member of the House of Commons?
- Persons under the age of 18
- Citizens of non-commonwealth countries. (This ban does not include citizens of the Republic of Ireland)
- Members of the House of Lords
- Members of the Judiciary
- Civil servants
- Member of the armed forces
- Members of a police force
- Members of Parliaments or legislatures outside of the commonwealth or Ireland including the European parliament
What is the recall of MPs Act 2015?
If an MP has been;
- convicted of an offence and is sentenced to prison
- suspended by the House of Commons for 10 days for misconduct
- Found guilty of providing false or misleading information in relation to their expenses
The speaker will notify their constituency and this will trigger a re-call petition. If more than 10% of the constituency sign the petition, the MP is said to have been recalled and it will trigger a by-election. (to select a new member)
What are the four categories of the House of Lords?
a. Hereditary peers
b. Life peers
c. Lord spirituals
d. Law lords
Where are government bills introduced?
Government bills are introduced in the House of Commons first, but uncontroversial bills are sometimes first introduced in the House of Lords.
what is the legislative process?
- First reading
- Second reading
3 Committee stage - Report stage
- Third reading
- Ping Pong
- Royal assent
What is the Sailsbury convention?
If a government bill is implementing a commitment that the party elected into government made in their manifesto, then the House of Lords will grant a second reading to the bill as a matter of course and will not otherwise block the legislation.
The House of Lords reserve the right to make amendments to the bill at later stages in the legislative process.
Does the House of Lords have absolute veto over legislation?
No. As an example, if the House of Lords block a peice of legislation already passed by the House of Commons, which is then reintroduced and passed by the House of Commons on the next session of Parliament, only for the House of Lords to block it again, the bill is sent to the monarch for royal assent.
The main condition is that a year has to have elapsed between the bill being granted a second reading in the first session and being granted a third reading in the second session.
What is a sunset clause?
Some provisions or all of an Act expires on a certain date.
What is secondary legislation?
Secondary legislation is legislation made by the government under the authority of an Act of Parliament.
What are the two main procedures by which secondary legislation is made?
Negative Resolution Procedure
Affirmative Resolution Procedure
How is a negative resolution passed?
A draft of the secondary legislation is published before the House of Commons and House of Lords. It will take effect on the date stated on the draft unless within 40 days of being laid, either House votes in favour of rejecting the secondary legislation.
How does a legislation pass through an affirmative resolution?
Both houses must expressly vote in favour of the secondary legislation for it to become effective.
Can the House of Lords block secondary legislation?
Yes. the Parliament Act 1911 and 1949 do not apply to secondary legislation. Meaning that the house of Lords are free to block the legislation.
Can the government amend primary legislation?
Yes. The government can amend primary legislation through Henry VIII Powers.
If there is an issue with secondary legislation, can it be struck down by the courts?
Yes. This is because secondary legislation is made by the government and not parliament. This means that secondary legislation can be struck down by the courts if the legislation goes beyond the power granted to the government.
Does an MP have to fear about being sued because of what he has said in parliament?
No. This is because of parliamentary privilege. This ensures freedom of speech within parliament.
what must members of parliament make sure to do in return of parliamentary privilege?
Parliament must excercise freedom of speech with respect to the courts and the legal process.
MPs and peers do not refer to cases which are currently before the courts during debates. This is so what is said in court does not influence the outcome of the case.
Can the courts refer the official record of debates in Parliament to help interpret legislation?
Yes. It has been established that parliamentary privilege does not prevent the courts from doing so.
