Parliament Flashcards
What type of legislature do we have? What does it mean?
Bicameral
I.e. Parliament has 2 chambers - HoL and HoC (monarchy is ignored although it’s part of UK legislature)
House of Commons?
Lower house of uk parliament
The dominant chamber
650 MPs
Powers of parliament?
Legal sovereignty: parliament can’t bind their successors, legislative supremacy (highest law making power), can legislate on any matter
Motion of no confidence/vote of no confidence: HoC can remove the gov by defeating it in a vote of no confidence (FTPA states hat if the government loses such a vote and no alternative gov is approved by the Commons within 2 weeks, parliament will b dissolved leading to a general election). Loss of vote of o confidence happened in 79 Labour under James Callaghan
Composition of parliament?
650 MPs elected by FPTP
Number of MPs can change- conservative proposals to reduce the number to 600 were defeated in 2013
Over 100 MPs hold ministirial positions in gov. The main opposition party appoints shadow ministers to oppose them
Almost all MPs are elected as a representative of a political party- there have been several independents in last few years (people who stand for themselves or a small, local party) eg current Down North (Ireland) mp Lady Sylvia Herman
Composition key words?
Front bench- ministers and shadow ministers
Backbench- MPs who aren’t ministers
Majority- MPs part of gov
Speaker- controls debate, announces what’ll be discussed/who will speak, suspends MPs for breaking parliamentary rules, elected by MPs by secret ballot, no party affiliation (only votes if it’s a tie)
Whips- each party seeks to enforce party discipline to ensure its MPs vote the way their leadership wants them to
Division- i.e. A vote
Stages of passing legislation in HoC?
First reading Second reading Committee stage Report stage Third reading
Commons first reading?
No vote occurs
Bill is presented, printed
In private members bills a Second Reading date is set
Commons second reading?
A debate on the general principle of the bill is followed by a vote
Commons committee stage?
A committee considers each clause of the bill, and may make amendments
Commons report stage?
An opportunity to amend the bill. The house consider clauses to which amendments have been tabled
Commons third reading?
A debate on final text as amended
What happens after commons third reading?
The bill is then sent to the other House which may amend it
Stages of passing legislation in HoL?
First reading Second reading Committee stage Report stage Third reading
Lords first second committee stage report stage?
All same as commons
Lords third reading?
Same procedures as in the commons, but further amendments may also be made
What happens after bill goes through HoL?
Bill goes to HoC
The bill is then hopefully processes for royal assent, if accepted, the bill becomes an act
What is a private members bill?
What’s the point of them?
Notoriously hard to get through
Campaigning opportunity to push a cause - increases popularity in a constituency even if it doesn’t pass
Any mp can
Limited slots: only 1 a week
20 private members bills get randomly chosen
Opportunity for party to advertise
What is an adjournment debate?
Short debate (approx 30 mins)
Introduced by backbencher at the end of a days business
It enables a commons debate to occur without a question on which the house must then decide
Often ministers are replying to members questions
Sometimes the house votes on an adjournment motion
Why debates should provide effective scrutiny
MPs can express their views and try and influence policy on current events/gov actions
Ministers make statements to parliament on major issues
Eg 2003 Iraq invasion debate saw good arguments from both sides and reflected the different opinions within the nation
Why debates aren’t always effective?
Poorly attended
How has back bench business committee influenced debate?
Created in 2010
Gives MPs a greater opportunity to shape parliamentary agenda: decides topic for debate on the floor of the commons and in westminister hall for roughly 1 day/week
The committee takes account of backbench opinion/select committee reports/e petitions when choosing subjects to debate
2010-12 topics e.g. Included eu referendum and release of documents in hiksburough disaster
4 main ways of scrutinising the executive?
Questioning
Committees
Debates
The opposition
QT?
All ministers from each gov departments face questions from MPs in parliament
The most high profile is PMQs every Wednesday for 30 mins: chance for MPs to question the pm either on constituency matters or questions drafted by the whips
Legislative debates?
Both houses hold legislative debates in which members discuss gov oilicy, proposed new laws and topical issue
They are designed to assist MPs and lords reach an informed decision on a subject
They are all recorded in a publication called Hansard available online
Emergency debates?
They are called at short notice in the HoC on a matter that should have urgent consideration
An mp may apply to the speaker for an emergency debate on Mondays to Thursdays of working weeks
Eg Andrew mitchells ‘humanitarian catastrophe in Aleppo and Syria’ debate on 12th oct 2016
Select committees?
They scrutinise the policy, administration and expenditure of government departments
2 types of select committee scheduled
They are either departmental: they cover the work of a government department eg the Home affairs select committee which scrutinises the work of the home office
Or they are non departmental: they look at cross departmental issues eg Public Accounts Committee
Membership of select committees?
Minimum of 11 members, all backbench MPs
Membership reflects the party balance in the commons (cross party)
Wright reforms of select committees?
Members used to be chosen by whips, but in 2010 the house adopted Tony wright’s reforms:
The majority of select committee chairs are now elected by their fellow MPs. This applies to departmental committees and a few others
Select committee members are elected by their party by secret ballot
Aim of select committees?
They try to reach unanimous reports (as they carry most weight) which can lead to compromises across party lines
Long standing members become experts in the field, sometimes more so than the relevant ministers who spend less time in office
What issues do select committees look at?
What can they do?
They decide themselves what issues to look into
They can summon witnesses and access restricted documents
They question ministers, officials and outside experts and then issue reports
What do gov have to do with select committee reports?
The government has to respond to select committee reports, usually within 60 days
They do not have to implement their recommendations - only approx 40% of their recommendations are taken up
Eg of departmental select committees
Home affairs Treasury Foreign affairs Defence Education
Example of non departmental select committees?
Public accounts committee (always chaired by a senior opposition mp) Liaison committee (contains chair of all select committees and questions PM 2x year on public policy
Example of select committee recently?
Work and pensions committtee
The inquiry of sir Phillip greens and the pensions regulator on the BHS pension fund deficit
After the report Philip green made an out of court settlement for £363 mil to the pension fund of the BHS
What is the official opposition?
Second largest party in House of Commons
They hold gov to account
Provide alternative
In what way can the opposition scrutinise the government?
PMQs - leader of opposition gets up to 6Qs
Opposition days - opposition decides what parliament talks about for 20 days/ year (will debate what they want/politically salient issues to damage the gov with media resonance…eg last one was homelessness)
Roles of parliament?
Scrutinise
Legislate
Represent
Back bench business committees effective?
Back bench MPs put in charge of Commons timetable making issues discussed that would never have been scheduled by the government (eg 2011 the BBBC forced a debate on holding a referendum on continued membership of the eu with gov wanted to avoid at the time)
Cross party (8 members from 3 main parties)
Led to policy changes: debate in 2011 on hillsburogh disaster obliged the gov to clarify its position the documents it held
Bench bench business committee not effective scrutiny?
Election of committee members- in 2012 he government changed it from the house electing to each party electing its own members (despite bbbc protests to this)
Only 1 mp from smaller parties is elected
Attendance at Backbench debates: difficult for BBBC to schedule an urgent debate- would b more effective the bbbc had one day each week to hold their debates
Blairs reforms of Commons?
Pmq reform (changed to 1x30 min rather than 2x 15 min sessions)
Liaison committee (allows for 2x yearly appearance of the pm before the liaison committee)
Greater use of referendums (e.g. On devolution and Brexit…more representative)
Brown’s reforms of the commons?
Consult parliament more (declaring war became convention)
Wright reforms (took power away from party whips
Coalition reforms of the commons
BBBC created 2010
EVEL
FTPA
Recall of MPs
Role of House of Lords?
Grit in the oyster (ask the awkward Qs and add something original) eg Brexit result - made amendments to the bill
Get in the way of gov
How has HoL changed with removal of hereditary peers?
More representative
More ethnic minorities than the HoC
Used to be overwhelmingly white conservative males … removal of hereditary peers changed the balance completely
Because of party rebalance the lords could beat the gov NYC more
Strengths of HoL?
No party has overall majority: balance of votes lies with lib dems and cross benches (ministers scrutinised better)
Unelected therefore no constituency work so more time to focus on details of legislation
People are appointed later in life (politically experienced)
Weaknesses of the HoL?
Unelected: don’t have legitimacy to push gov far
Cross benches belong to no party and thus have even less democratic legitimacy
Is illegitimate and undemocratic
Is HoL illegitimate?
Input legitimacy (i.e. How people get there)…unelected therefore democratic deficit…but no point having 2 of same chambers
Vs
Output legitimacy (ie do they perform a good action)
Vs
Throughout legitimacy (how it carries out its function)
Is House of Lords too big?
800 eligible to attend
Most don’t turn up on a full time basis (semi retired, carers )… therefore roughly 400 actually attend
Over 18 years it has increased by 200 members
Tax payer pays £28 k a day for HoL
Nick clegg quote HoL?
Don’t let the best be the enemy for the good
The House of Lords is fit for purpose?
They have achieved a few wins- defeated the gov over the home offfice ministers attempt to drip their attempt to replace the antisocial behaviour orders with new injunctions to prevent nuisance
The House of Lords is not fit for purpose?
They are able to claim £300 a day tax free allowance for attendance plus expenses for limited travel costs: betw Feb 2014-Jan 2015, £21mil was spent on these expenses
In 2010-15, £360000 was claimed by 62 peers who didn’t vote once
The net operating cost of House of Lords in 2013-14= £93.1 mil
34% used to work in politics…Manual/skilled traders/policing/transport all have less than 1% each (HoL isn’t full of people with invaluable experience outside of politics)
71% of Lords are party political peers
Pm tends to appoint more peers from their own parties: Blair- 43% labour, brown- 32% labour, Cameron- 40% Tory
They are old (only two under 39…50% are 70+)
House of Lords should be elected?
92 remaining hereditary peers = unelected and unappointed
Effiency of the house is weakened by lack of democratic mandate: 5% of people stated that they would approve of a fully appointed house
They can’t implement changes (article 50)
We could use it to try out different voting system to FPTP
33% of public want to chvsnge house to elected
Only 29% peers are under 50
It’s v expensive
2nd largest 2nd chamber in world
Whips still dominate
PM fills it with people who will vote for them (eg Tony’s cronies)
More authority if elected
House of Lords shouldn’t be elected?
Conservative - 253/801 seats : no majority meaning gov is defied and scrutinised more
Unelected therefore smaller parties are represented more (e.g. Lib dems=100+ peers and only 9 MPs)
Lord sugar- expert in field
Only 1 chamber needed to express public authority … revising chamber compliments HoC role
Danger of gridlock eg America sandy hook (gov= less effienct)
Elected 2nd chamber would be dominated by gov… function of parties is to get people elected..rn HoL isn’t dominated by parties
Represents population more than HoC : speaker - woman, gov chief- woman, 5% peers - ethnic minority (4% of MPs compared to 12# public)
Gov defeated in £23,000/year benefit cap: lords are influenctial
HoL select committees produce 27 reports
In 2015/16 session 8000 oral/written Qs to government
