Parliament

Question 1

What are the three main parts of Parliament? Briefly explain each one.

Answer 1

1. House of Commons - all of the elected MPs, each represents their own constituency.
2. House of Lords - unelected
3. Monarch - King/Queen

Question 2

What are the three functions of the House of Commons?

Answer 2

1. Holding the government to account
2. Scrutinising the law-making process
3. Representation

Question 3

What are the three functions of the House of Lords?

Answer 3

1. Forum for general debate
2. Revising chamber
3. Constitutional check on the House of Commons - makes the Commons ‘think again’. Similar to a second opinion.

Question 4

The powers of the House of Lords are limited by what two things. Give an example of each.

Answer 4

1. Conventions - Salisbury convention

2. Law - Parliament Acts 1911 and 1949

Question 5

What is the Salisbury convention?

Answer 5

The Convention ensures that major Government Bills can get through the Lords when the Government of the day has no majority in the Lords. In practice, it means that the Lords do not try to vote down at Second or Third Reading, a Government Bill mentioned in an election manifesto.

Question 6

What are the main two ways of scrutiny? Explain.

Answer 6

1. Questioning ministers - e.g. PM Questions (Wednesday 12-12:30)
2. Debates - Discussion of government policy, proposals for new laws

Question 7

What are the select committees called in the House of Commons and House of Lords?

Answer 7

House of Commons - departmental committees

House of Lords - thematic committees

Question 8

Name 2 inquiries by the House of Lords (thematic inquiries).

Answer 8

1. UK’s record on children’s rights

2. implications of Human Rights due to Brexit

Question 9

What does Benton and Russell say about executive dominance?

Answer 9

‘Overall, oversight committees strengthen the policy-making process inside and outside government by exposing decision-making to rigorous tests, and by encouraging more careful consideration of options. One of the principal successes of the British select committees since their establishment over 30 years ago is that they have become an integrated part of the policy-making process. By definition, therefore, it is often difficult to isolate their influence from that of other actors. But it is clear that they are taken seriously.’

Question 10

How does the committee decide which petitions will be debated?

Answer 10

Number of signatures (over 100,000 will be debated) unless it has recently been debated or will in the near future, the subject is unsuitable, breadth of interest amongst MPs. However, those with less signatures may be debated if they are topical and there is widespread support amongst MPs.

Question 11

Who are debates scheduled by? Describe petition debates.

Answer 11

The Petitions Committee.
Petition debates are general debates about the issues raised by the petition. This means that the debates cannot directly change the law or result in a vote to implement the request of the petition. If your petition is debated, it means that MPs can discuss your petition, ask questions about the Government’s position on the issue, or press the Government to take action. A Government Minister takes part in the debate and answers the points raised.

Question 12

Describe the Parliamentary Commissioner for Standards

Answer 12

The Parliamentary Commissioner for Standards is appointed by a Resolution of the House of Commons for a fixed term of 5 years and is an independent officer of the House. The Committee on Standards oversees the work of the Parliamentary Commissioner for Standards. It also adjudicates when she submits reports to them concerning complaints about MPs.
The Commissioner can investigate allegations that a named Member has breached the rules of conduct set out in paragraph 10-16 of the Code of Conduct. The Commissioner cannot decide whether a Member has broken the law nor can she decide whether a Member has breached the rules of another organisation, such as the Independent Parliamentary Standards Authority (IPSA).

Question 13

What is the role (six points) of the House of Commons Committee on Standards?

Answer 13

1. Oversee the work of the Parliamentary Commissioner for Standards.
2. Examine the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members’ Financial Interests and any other registers of interest established by the House
3. Review from time to time the form and content of those registers
4. Consider any specific complaints made in relation to the registering or declaring of interests referred to it by the Commissioner
5. Consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in the Code of Conduct which have been drawn to the Committee’s attention by the Commissioner
6. Recommend any modifications to the Code of Conduct as may from time to time appear to be necessary.

Question 14

What five things are the committee on standards in public life (NBPB) responsible for?

Answer 14

1. Advising the Prime Minister on ethical issues relating to standards in public life
2. Conducting broad inquiries into standards of conduct
3. Making recommendations as to changes in present arrangements
4. Promoting the7 principles of public Life
5. Our remit does not allow us to investigate individual allegations of misconduct. That is the role of the relevant regulator.

Question 15

What four things do the Independent Parliamentary Standards Authority (IPSA) do? What does the compliance officer do?

Answer 15

1. Salaries
2. Expenses
3. Pay
4. Pensions
   Compliance Officer - conduct an investigation if he has reason to believe that an MP may have been paid an amount under the MPs’ Scheme of Business Costs and Expenses (the Scheme) that should not have been allowed; and at the request of an MP, to review a decision by IPSA to refuse reimbursement for an expense claim, in whole or in part.’

Question 16

What are the key points in the Recall of MPs Act 2015?

Answer 16

MP could lose seat as a result of recall petition - leads to a by-election (can stand again).

Question 17

What are they key points of the Fixed-Term Parliaments Act 2011?

Answer 17

Until 2011, possible early elections under PM prerogative power to dissolve House of Commons. Fixed-Term Parliaments Act 2011: elections to be held every five years, removal of prerogative power.
Safety-valves to have a mid-term election: 1) when House of Commons passes a motion that there should be such an election (2/3 majority) or 2) when it passes a motion of no confidence in the government (simple majority) and no alternative government can be formed.

Question 18

Name 4 advantages given by Hazell on the Fixed-Term Parliaments Act 2011.

Answer 18

1. reduction of PM power
2. better electoral administration
3. electoral fairness
4. better governmental planning

Question 19

What did the House of Commons Political and Constitutional Reform Committee say about the Fixed-Term Parliaments Act 2011?

Answer 19

the Act is an important reduction of PM power that provides a platform of greater certainty for legislative, strategic and financial planning for both Parliament and government

Question 20

Consider possible reforms to the House of Lords.

Answer 20

Better representation amongst women and ethnic minorities - to make the House of Lords representative of the Public it would need 130 more women and twice as many ethnic minorities.
Democratically elected - however, this could pose a threat to the supremacy of the Commons

Question 21

Talk about the aims of the House of Lords Reform Bill 2012-2013 and why it was withdrawn.

Answer 21

1. 360 elected members, 90 appointed members and 12 Lords Spiritual
2. Commons would remain supreme
   ‘the Bill had aroused controversy among Conservative backbenchers, some of whom were concerned that a mostly elected House of Lords would challenge the primacy of the Commons, some of whom felt that reform was not a priority at a time of economic difficulty. Critics in other parties and in the House of Lords also opposed the Bill.’

Question 22

Name six recommendations for the House of Lords made by the House of Commons Political and Constitutional Reform Committee.

Answer 22

1. No longer replacing hereditary peers in the House of Lords when they die
2. Removing persistent non-attendees
3. (Possibly) fixed-term appointments for new peers
4. No introduction of a retirement age
5. Expelling peers convicted of a serious offence
6. Determining the relative numerical strengths of party groups in the House of Lords

Question 23

Name sections 1 - 4 of the House of Lords Reform Act 2014

Answer 23

Section 1: member of the House who is a peer may resign by notice of writing to the Clerks of the Parliament
Section 2: provision for cessation of membership for non-attendance (with exceptions, for example, the peer has taken leave of absence)
Section 3: ceases to be a member if convicted of a serious criminal offence (imprisonment of more than 12 months not suspended)
Section 4: provisions on the effect of ceasing to be a member

Question 24

What is the basic aim of the House of Lords (Expulsion and Suspension) Act 2015? What are sections 1 and 3?

Answer 24

This Act makes provision for the possible expulsion or suspension of a member of the House of Lords
Section 1: standing orders may make provision for the expulsion or suspension of a member
Section 3: a person expelled is to be treated as if she or he has ceased to be a member for the purposes of the House of Lords Reform Act 2014

Question 25

What are the key points of the Lords Spiritual (Women) Act 2015?

Answer 25

Process for appointment of most senior eligible female bishop to the House of Lords
Time-limited and will end 10 years after the Bill comes into force

Question 26

What does Mark Elliot say about the House of Lords Reform?

Answer 26

‘ … concerns about the size of the House of Lords — and about the Prime Minister’s powers of patronage — persist. Such concerns were reignited bythe dissolution honours list published in summer 2015, in which 26 out of 45 new peers were Conservative politicians or supporters … A related set of concerns pertains to the cost of the House of Lords, not only because of the obvious cost implications of the second chamber’s ever-increasing membership, but also in the light of the system for paying individual peers.’

Question 27

What was the Government’s response to delay the Draft Tax Credits Regulations 2015?

Answer 27

‘The review would consider in particular how to secure the decisive role of the elected House of Commons in relation to (i) its primacy on financial matters and (ii) secondary legislation.
The review will be led by Lord Strathclyde, supported by a small panel of experts.’

Question 28

What was the outcome of the Strathclyde review?

Answer 28

‘I have suggested three options to provide the House of Commons with a decisive role on statutory instruments. One option would be to remove the House of Lords from statutory instrument procedure altogether. This has the benefit of simplicity and clarity. However, it would be controversial and would weaken parliamentary scrutiny of delegated legislation and could make the passage of some primary legislation more difficult.
The second option would be to retain the present role of the House of Lords in relation to statutory instruments, but for that House, in a resolution or in standing orders, to set out and recognise, in a clear and unambiguous way, the restrictions on how its powers to withhold approval or to annul should be exercised in practice and to revert to a position where the veto is left unused. This option seeks to codify the convention. However, since a resolution of the House could be superseded, or standing orders could be suspended, by further decisions of the House, it would not provide certainty of application.
A third option would be to create a new procedure - set out in statute - allowing the Lords to invite the Commons to think again when a disagreement exists and insist on its primacy. This would better fit with the established role of the House of Lords as regards primary legislation.’

Question 29

Seven arguments for a fixed-term parliament

Answer 29

1. Consistency.
2. Devolved institutions have it.
3. Leaving the decision to the Prime Minister gives the party an unfair advantage as they can choose to have an election when the public opinion is in favour of them – reduction in the PM’s power.
4. Media attention on when the PM will call an election overshadows the actual running of government and its policies.
5. Helps to redress the balance between the Executive and Commons.
6. Electoral Fairness and administration.
7. Better government planning.

Question 30

Seven arguments against a fixed-term parliament.

Answer 30

1. Leading up to a General Election everything grinds to a halt as Government changes their policies accordingly.
2. It is flexible to have a non-fixed-term Parliament and allows for the dissolution and a new election if the Government has an inadequate majority or if there is a social calling.
3. The Royal Prerogative to dissolve parliament on the advice of the Prime Minister is an essential element of the British Constitution.
4. No evidence that it makes a better government.
5. Henry Hill: ‘government prisoned in’.
6. Less flexibility.
7. Less elections and therefore less democracy.

Question 31

What should the functions of both the House of Commons and House of Lords be?

Answer 31

1. Scrutiny: Checking and challenging the work of Government (both chambers).
2. Legislation: Making and changing laws (House of Commons), revising chamber (House of Lords).
3. Debating: Debating the important issues of the day (both houses) – in the House of Commons this can become a way of point scoring.
4. Budget and taxes: House of Commons have financial privilege, they check and approve government spending, the House of Lords have limited powers.
5. Form a government from amongst its members.
6. Representing the people in the House of Commons but the House of Lords is unelected.
7. The House of Commons is heavily party political, the House of Lords is not.

Question 32

What is the first past the post system?

Answer 32

First-past-the-post system is used to elect MPs to the House of Commons and for local elections in England and Wales. The UK or local authority is divided into numerous voting areas – constituencies or wards. Ballot voters are then counted and the candidate that has received the most votes is elected to represent the constituency or word.

Question 33

What is the alternative vote system?

Answer 33

The voter puts a number by each candidate, with a one for their favourite, 2 for their second favourite and so on. They can put numbers on as many or as few as they wish. A candidate will be elected if more than half the voters put them down as their favourite. If nobody gets half, the numbers provide instructions for where you want your vote to go if your favourite candidate can’t win. The candidate who came last is eliminated and the counters look at these instructions to move the votes of the people who voted for them to their second favourite candidate. This process continues until one candidate has half of the votes and is elected.

Question 34

What is the Additional Member System (AMS)?

Answer 34

The Additional Member System (AMS) is used to elect the Scottish Parliament, the National Assembly for Wales and for the London Assembly. Under AMS, voters are given two votes; one for an individual candidate and one for a party. Individual candidates are elected to single-member constituencies using first-past-the-post. Under the second, party vote, representatives (additional members) are elected proportionally to a larger region. The percentage of votes obtained by the parties in the party vote (second ballot) determines the overall number of representatives included those elected for the single member constituencies after taking into account the seats gained in each region by each party in the first ballot.

Question 35

What is the Closed Party List system?

Answer 35

The Closed Party List system is used to elect Members of the European Parliament, with the exception of Northern Ireland which uses Single Transferable Vote. A voter marks a cross on the ballot paper next to the party’s name they wish to support. Once the ballot papers have been counted, each party gets the number of seats proportionate to the number of votes it has received in each constituency. Multi-member constituencies are required for the Closed Party List which means constituencies are normally larger but elect several representatives rather than just one. As voters choose parties rather than candidates, it is for parties to determine the order in which candidates appear on the list and are then elected.

Question 36

Does the legislature control the executive?

Answer 36

1. There appears to be an overlap.
2. The legislature is in control in the sense that the executive must report to the legislature and is entitled to rule by the virtue of having the confidence of the legislature.
3. When a single party holds a majority in the legislature, this entitles it to complete control of the executive. That party then has control of both branches. But the party leadership will also take the leading roles in the executive, so far as the two branches are concerned, the reality is that the executive controls the legislature, usually until the next election.
4. When no single party holds a majority, the legislature is in a more powerful position, and the executive will depend for its continuation on trade-offs between parties in the legislature. Leaders of the bigger parties don’t like this situation, because it tends to diminish the power of the executive over time.
5. Fast-track legislation: pressing issues can be passed in weeks or days by government.

Question 37

Name the reforms in the House of Commons since 1997

Answer 37

1. 1997: Prime Minister’s questions was changed from two 15 minute sessions each week to one 30 minute session – critics argue that this lessens the executive’s exposure to parliament.
2. 1997: Twice a year, the heads of the select committees question the Prime Minister over their particular area of interest, thus holding the Prime Minister to greater scrutiny.
3. 2007-2010: Brown guaranteed greater consultation with parliament over foreign affairs, and also guaranteed to hold a vote in parliament on every decision to go to war.
4. 2009: The leaking of MP’s expense records exposed a widespread abuse of the system by parliamentarians, ISPA was set up to oversee expenses, and MPs now have to make their receipts open to the public, and regulations concerning MPs’ second homes were also tightened up.
5. The Fixed-Term Parliaments Act 2011-2011.

Question 38

Name the reforms in the House of Lords since 1911

Answer 38

1. 1911: The Parliament Act gave the House of Lords less power.
2. 1949: The Parliament Act gave the House of Lords even less power.
3. 1999: Removal of hereditary peers from 600 to 92.
4. 2000: The independent House of Lords Appointments Commission is established to recommend and approve suitable candidates for membership.
5. 2001: The Queen confirms her intention to create 15 new non-political House of Lords members.