Parliament

Question 1

Why is the UK’s system of government different?

Answer 1

The legislative and executive are fused, meaning the executive sits in the legislature - known as the parliamentary system

Question 2

What is parliament made up of?

Answer 2

1. the House of Commons
2. the House of Lords
3. the monarchy - head of state

Question 3

What is confidence and supply?

Answer 3

In the event of a hung parliament, where no party can form a majority of 325, the government can rely on a limited agreement with another party that provide backing on a vote of no confidence and the government’s budget (supply) and allow it to form a minority government

Question 4

What is the structure of the Commons?

Answer 4

1. Speaker - chair of the Commons and runs its proceedings, impartial
2. Prime minister - the leader of the largest party in the Commons
3. Cabinet - 20 or so most senior ministers in government
4. Government ministers - junior ministers who work under a Cabinet minister in a department
5. Whips - both main parties have whips who ensure that backbenchers vote with the party
6. Opposition benches - where the opposition parties sit
7. LOTO and Shadow Cabinet - official opposition to Cabinet ministers

Question 5

What is the structure of the Lords?

Answer 5

1. Speaker - chair of the Lords, also impartial
2. Government spokespersons - the Lords’ version of the cabinet
3. Backbenchers - Lords that are not in the government but are part of the governing party
4. Opposition benches - Lords not in the governing party, including the opposition spokespersons
5. Crossbenchers - unique to the Lords, they are peers with no party affiliation

Question 6

What are the five functions of Parliament?

Answer 6

1. Legislation
2. Debate
3. Representation
4. Legitimation
5. Scrutiny

Question 7

How does Parliament legislate?

Answer 7

• Both Houses review laws the government wishes to pass, and is then generally expected to pass them
• The Commons can amend and veto
• The Lords can suggest ammendments and delay for a year

Question 8

How does Parliament debate?

Answer 8

1. Each bill is debated in its second reading
2. Backbenchers and the opposition also debate the significant issues of the day
3. Adjournment debates are hold at the end of the day, where MPs can raise a matter that affects their consitutiencies
4. Emergency debates can be held, such as after the phone-hacking scandal

Question 9

Give three examples of when Parliament’s function of legislating was fufilled

Answer 9

1. Theresa May was defeated 17 times on the EU withdrawal bill in the Lords, meaning the government had to make concessions
2. Theresa May had a working majority of only 13, meaning the power of backbenchers is very high - for example, an amendment tabled by Hilary Benn and Alistair Burt requiring the House of Commons to sit for five days following any fortnightly statement, even during a prorogation, was passed 315–274 which strengthed Parliament’s power to sit despite prorogation
3. Coalition MPs rebelled in 35% of votes, and in 2005 56 backbench MPs defeated Blair’s plans to extend the detention of terrorism suspects

Question 10

Give two examples of when Parliament’s function of legislating was not fufilled

Answer 10

1. Majority control, especially large ones, lead to rare defeats in the Commons
   
   • Blair did not lose a vote until 2005
   • Johnson’s majority has only lost 3 votes in the Commons, 2 of which have been non-binding oppposition day motions
2. The coalition was only defeated twice on legislation in the Commons

Question 11

Give two examples of when Parliament’s function of debating was fufilled

Answer 11

1. The implementation of the Wright Committee’s recommendations mean MPs have more control over the agenda, and parliament now engages in more debates over current events
   
   • For example, wars in Syria and Iraq and the 2011 London riots
2. PMs have become reluctant to initate military action without Parliament debating it first
   
   • Cameron was defeated in 2013 by 7 votes over military action in Syria, and Parliament approved it against ISIS in 2014 and in Syria in 2015
   • BUT, TM did not consult parliament in 2018 agaisnt Syria [EVAL]

Question 12

Is Parliament substatinially representative?

Answer 12

YES:

• Each MP represents an area in the UK that has voted for them

NO

• FPTP distorts representation, so MPs are often elected by a minority of constitutients
• The Lords is unelected

Question 13

Is Parliament descriptively representative?

Answer 13

NO:

White middle class men dominate Parliament, only 34% women and 10% non-white, no BAME in Scotland, Wales and NI, 7% LGBT

YES:

It is improving - non-white population 14% and 13 more than last Parliament, half of Labour MPs are women and 20% are BAME

Question 14

What are the 3 ways MPs can represent their constituents?

Answer 14

1. Burkean representation - MPs vote what they think is best for constituents
2. Delegate model - MPs are the ‘mouthpiece’ of their constiuents
3. ‘Doctrine of mandate’ - MPs represent their party, which was elected with a mandate to carry out their manifesto

Question 15

Is MP representation effective?

Answer 15

YES:

• Social media improves the relationship between MPs and constituents, e.g. on Twitter - this pressured MPs to vote for gay marriage in 2013
• Parliament sometimes holds free votes that allow MPs to follow the views of consituents or their conscience - e.g. the Marriage (Same Sex Couples Act

NO:

• Under the coalition, Con and LD MPs supported policies their constituents voted against - there was uproar when Lib Dems backtracked their promise not to raise tuition fees
• UK elections are focused on parties, not candidates - polls have found 75% cannot name their local MP

Question 16

Outline the main powers of the House of Lords

Answer 16

1. Delay legislation for a year
2. Can still veto statutory instruments, as Parliament Acts do not extend to them - e.g. tax credits cuts 2015
3. Can also veto bills prolonging the length of a Parliament beyond five years

Question 17

What are the exclusive powers of the House of Commons?

Answer 17

• They can veto legislation - the Lords can only delay for a year
• They approve government’s budget - the Lords has no jurisdiction over financial matters and should not block money bills
• They can dismiss a government with a vote of no confidence
• They have the role of legitimation of the government and its laws - the Lords cannot legitimise as it lacks democratic authority

Question 18

What is the Salisbury Convention? Does it ever not apply?

Answer 18

The Lord’s won’t vote against manifesto pledges, as the government can be seen as having a mandate for them.

However, under the coalition government, the Coalition Agreement 2010 (a policy document published after the formation of the LibDem-Con coalition) was not seen as a manfiesto, so the Lords were obstuctive - defeated them 100 times in 5 years

The Lords also defeated the government on a financial matter in their manifesto in 2015, when Cameron tried to change tax credits, this defies convention but the Lords were able to vote against it as the government had used the statutory instrument of secondary legislation to put the bill forward, avoiding the traditional route of a Finance Bill, which the Lords do not historically have the power to oppose..

Question 19

Why could you argue that the Lords is more effective than the Commons?[4]

Answer 19

1. Party discipline is weaker in the Lords, so there is more freedom for peers to debate their own views
   
   • Between 2010 and 2012, the Lords defeated the coalition 48 times whilst the Commons did not defeat it once
2. Scrutiny - Lords spent most of the time scrutinising legislation, unlike the Commonds, as their debate is less time limited
   
   • In 2011, they spent a record 21 hours straight debating voting systems in the UK ahead of the then-proposed AV referendum
3. Legislation - the Lords have defeated the government many times in the Lords, and it can also force the government to amend bills
   
   • Any member can put forward amendments to legislation
   • 2012 defeat on the Welfare Reform Act, 2013 defeat on cutting of legal aid
4. Expertise - many Lords are appointed due to their experience and wisdom
   
   • Lord Walton, former president of the BMA
   • Lord Hogan-Howe, ex-police chief

Question 20

Why could you argue the Commons is more effective than the Lords? [8]

Answer 20

1. Parliament Acts (1911, 1949) - reduce the powers of the Lords to block legislation
   
   • Lords were unable to block the Fox Hunting Act 2004 and could only delay it for a year, as the Commons invoked the Parliament Act for only the 7th time since 1911 to force it through
2. Salisbury Convention
3. Legitimacy - the unelcted Lords lack a mandate, making any significant obstruction unpopular as it can be seen as undemocratic
4. Committees (select and liason) - have grown in influence and authority, but there are no departmental select committees in the Lords
   
   • Margaret Hodge, chairing the Public Accounts Committee, called Starbucks to account over the amount of tax it pays
5. Scrutiny - PMQs and ministerial question time only happens in the commons, whereas there are only government spokespersons in the Lords
6. Media - as the Commons is the primary chamber, it gets more media and therefore has more public attention

Question 21

What are the first four stages of a bill?

Answer 21

1. First reading - bill introduced
2. Second reading and vote - full debate and vote
3. Commitee stage - PBC scrutiny, changes proposed and voted on
4. Report stage and third reading - amendments, final debate and vote

Question 22

After the third reading, what happens to the bill?

Answer 22

It heads to the other chamber, where it goes through the same three readings and commitee stage - if changes are made then they must be accepted by both chambers before receiving royal assent and becoming law

Question 23

What is the difference between the committee stage in the Commons and the Lords?

Answer 23

In the Lords, it is often a committee of the whole House, whereas in the Commons it is usually a Public Bill Committee (formed of a group of MPs and chaired by a member of the Panel of Chairs)

Important, urgent, or very minor bills may be debated in Committee of the whole House (when the bill is debated on the floor of the House of Commons) - for example, the EU Withdrawal Bill being debated on the floor of the whole House meant MPs proposed 100s of pages of amendments.

Question 24

What happens if the Commons and the Lords don’t agree on the final wording of a bill?

Answer 24

This is called ‘ping-pong’, and can last up to a year before the Lords can no longer block it

It is when the amendments of a bill are being sent back and forth between the Lords and Commons, with neither house accepting the other’s will.

An extreme example of parliamentary ping-pong involved the Prevention of Terrorism Bill 2005. Over the course of 30 hours on 10-11 March 2005, the Bill was considered five times by the Lords and four times by the Commons.

Question 25

What are 7 ways parliament can scrutinise?

Answer 25

1. Questioning
2. Select committees
3. Legislative committees
4. Activities of the opposition
5. Vote of no confidence
6. Debating
7. Airing grievances of constituents

Question 26

How does Parliament question the executive?

Answer 26

• Parliament requires that ministers, including the PM, answer backbenchers questions
• PMQs also force the PM to be well informed about policy and the news
  
  • The oppurtunity to regularly question the PM is quite significant
  • Jeremy Corbyn used it in 2017 to effectively overturn the premium-rate number for Universal Credit
• The Speaker can raise ‘urgent questions’ - these allow the Commons to demand the attendence of the relveant minister to force scrutinity
  
  • MPs asked 307 UQs during the 2017–19 session, covering a diverse range of topics, from free TV licences for the over-75s to the gender pay gap

Question 27

Why could Parliament’s questioning of the executive be seen as ineffective?

Answer 27

• PMQs is often very uncivilised, and can be seen as political theatre
• The Speaker often has to intervene to address the behaviour of MPs, for example Speaker Lindsay Hoyle has warned the health secretary for his behaviour during PMQs, threatening to remove him from the chamber
• Questions are often planted and asked by ‘friendly’ government backbenchers
• ‘Punch and Judy’ style politics, with MPs jeeting and shouting in a childish manner

Question 28

How does Parliament scrutinise the executive through select committees?

Answer 28

• These scrutinise government departments, and reflect the composition of the Commons
• Thanks to the reforms of the Wright Committtee, the executive no longer controls membership of these committees, and they can act more independently
• They have the power to send for ‘persons, papers and records’
• They have an interrogative style of questoning, and witnesses have no notice of questions
• Members tend to be independently minded and so more critical
• Chairs of Committee are paid well, making the role more attractive
• Select committee reports also recieve a lot of publicity
• Successes include Margaret Hodge and the PAC, or Yvette Cooper’s (chairwoman of the Home Affairs Select Committe) questioning of then-Home Secretary Amber Rudd that led to her resignation over targets for removals

Question 29

Why could parliamentary scrutiny though select committees be seen as ineffective?

Answer 29

• They often review problems after they have occured, meaning they are less effective at preventing events
• The government is not obliged to act on their recommendations
• MPs have very little support for research
• Some MPs often chase ‘soundbites’ in chase of publicity, for example Theresa May was asked if the UK would be ‘friends with benefits’ with the EU after Brexit by Tory backbench MP Tom Tugendhat in the Liason Committee

Question 30

How does Parliament question the executive through legislative committees?

Answer 30

Public bill committees

• These were strengthed in 2007, improving legislative scrutiny
• All Bills, other than Money Bills, are automatically sent in a Public Bill Committee following their second reading unless they are committed to a Committee of the whole House.
• The composition of the committees must match the size of the parties in the House.
• Have the power to receive the same evidence as select commmittees

Question 31

Why could parliamentary scrutiny be seen as ineffective through legislative committees?

Answer 31

Their composition reflects the composition of the Commons, which disproprotionately reflects the largest parties, and also means that they are less effective under majority governments:

• They are far less independent than select committees, as their membership is still dominated by paty whips
• Amendments that are contrary to a majority government’s wishes are rarely accepted

Question 32

How do the activities of the opposition scrutinise government?

Answer 32

The ability to do so is often affected by factors beyond its control, such as the size and unity of the governing party, and the length of its time in office

However, there is still lots it can do:

• The Blair opposition (1994-97) was very effective in highlighting weaknesses in the Major government and presenting itself as a good alternative
• The parliamentary timetable allows for 20 opposition days where the oppostion chooses the subjects for debate
  
  • In 2009, a Liberal Democrat motion condeming Brown’s refusal to offer residency rights to Gurkha veterans was passed by 267 to 246 votes, which was seen as so embarrasing that the government changed the policy
  • Recently, Labour passed a number of opposition day motions calling for the sustained £20 UC increase and for the extension of free school meals

Question 33

Why are opposition day motions often seen as uneffective?

Answer 33

Whilst they force MPs to either vote or abstain on the permanent record, these motions are non-binding

Additionally, the Conservative government has adopted a strategy of not contesting opposition day motions. As a result, motions have generally been passed without a vote. From the government’s perspective this has avoided the possibility of an embarrassing defeat in the division lobby and denied the opposition parties the satisfaction of defeating the government in a vote.

Question 34

How has Labour adapted to the weakness of opposition day motions?

Answer 34

In 2018, Labour adopted a mechanism designed to turn a non-binding opposition day motion into a binding resolution of the House of Commons. By the use of an obscure piece of parliamentary procedure, known as a motion for a return, Labour drafted an opposition day motion in the form of ‘a humble address to Her Majesty’ requesting the release of Brexit papers to parliament - a motion for a return is binding and requires action on the part of the government. This forced the release of the relevant documents to the select committee for exiting the European Union.

Question 35

How have backbenchers’ role evolved in recent years?

Answer 35

Traditionally, backbench MPs have been seen as ‘lobby fodder’ - there to vote and do as the whip says.

But in recent years, their role has evolved into one of further scrutnity and rebellion, larglely thanks to the Wright Reforms of 2010.

Question 36

What is parliamentary privilege?

Answer 36

The fact that, within the wallls of Parliament, MPs are free to speak without fear of prosecution for slander

For example, David Davis recently used parliamentary privilege to reveal messages about Nicola Sturgeon’s chief of staff, Liz Lloyd, in relation to the Alex Salmond case in the SNP

Question 37

What is the role of the Backbench Business Committee?

Answer 37

• Set up in 2010
• Choose topics for debate 35 days a year
• In 2018, backbenchers arranged debates on the reunion of refugee families, perinatal mental illness and forced adoption in the UK

Question 38

What are some notable government defeats caused by backbencher rebellions?

Answer 38

Blair (2005, 66 seat majority) – an amendment to the Terrorism Bill to allow terrorist suspects to be held without charge for 90 days was defeated 291–322 (49 Labour MPs rebell)

Brown (2009, 66 seat majority) - a motion which allowed some Gurkhas to live in the United Kingdom passed by 276–246 (27 Labour MPs rebell)

Cameron (2013, coaliton) - a motion authorising military intervention in Syrian 285–272 (30 Conservative MPs rebell)

May (2017-19, minority) - defeated 17 times over the EU withdrawal bill thanks to various backbench rebellions

Johnson (2019, minority) - expelled 21 MPs after they rebelled against him in a bid to prevent a no-deal Brexit

Question 39

How can backbenchers influence legislation?

Answer 39

They can introduce Private Member Bills (PMBs), which are not backed by the government

Question 40

What are three limits to the power of backbenchers?

Answer 40

1. Whips - three-line whips force MPs to vote a certain way or face expulsion from the party, and also using a ‘carrot and the stick’ type method of persuading them to vote a certain way
2. Resources - they have limited reasearch and staff, and a very small budget
3. Majority - the larger the majority reduces the power of backbenchers, as more are needed for a rebellion

Question 41

Summarise arguments that suggest backbenchers DO play an important role in the House of Commons

Answer 41

1. Backbenchers make up select committees that scrutinise departments
2. The Liason Committee (made up of select committee chairs) scrutinises PM
3. ‘redress of grievance’ to air constituents problems in the Commons
4. PMBs
5. BBBC
6. Votes of no confidence
7. As they are not bound by collective ministerial responsibility, they can oppose party whips
8. Can exact concessions from government when majoirty is small to avoid rebellion

Question 42

Summarise arguments that suggest backbenchers DON’T play an important role in the House of Commons

Answer 42

1. Select committees can be ignored - Foreign Affairs committee advised against Syria
2. MPs expected to obey whip, become ‘lobby-fodder’
3. vote of no confidence rare
4. PBC are whipped
5. PMBs usually fail, no time for debate
6. Government still dominates agenda
7. Increased use of secondary legislation has reduced MPs power
8. Burkean principle largely ignored

Question 43

Describe the House of Lords

1. It’s makeup
2. It’s reforms

Answer 43

791 Lords

676 Life Peers, appointed for their life only

92 Hereditary peers- title passed down generations

Lords Spiritual - 26 Bishops and Archbishops of the CoE.

Lords Temporal - secular Lords

House of Lords Act 1999 reduced Hereditary peers

House of Lords Act 2014 - they can retire

Question 44

2 main conventions the Lords tend to respect

Answer 44

1. The Salisbury Convention - Manifesto
2. Reasonable time - Should Consider Gov buiness in reasonable time

Question 45

Role of the Whips

People and document

Answer 45

They act as a two way channel of communication between party leadership and backbenchers.

Use of stick or carrot - threat of punishment or promise of reward.

Chief Whip is a good role into cabinet position

Also a document that is circulated weekly advising MPs how to vote.

A 3 line whip is an unbreakable commitment.

Question 46

House of Lords Appointment Commission

Answer 46

Set up in 2000 as a reform

independent public body that scrutinises executive nominations to HoL

• to recommend at least two people a year for appointment as non-party-political life peers who sit on the crossbenches;
• to vet for propriety most other nominations for membership of the House of Lords (Not hereditary or Spirituals)

Question 47

3 Different Parliamentary Committees

Answer 47

Select Committee - They scrutinise government departments, and reflect the composition of the Commons, chairs elected via secret ballot.

Liason Committee - heads of select committees, It considers the overall work of select committees and takes evidence from the PM on matters of public policy 3 times a year.

Public Bill Committee - reflects the make up of the commons, scrutinises legislation. Whips influence selection

Question 48

is the Lords descriptively representative?

Answer 48

5.8% ethnic minorities in the Lords compared to 19.5% UK

57% privately educated compared to 7% UK.

Lords are 24% women compared to 51%

54% live in London or South East compared to 33% of UK

Question 49

Difference between crossbencher peer and unaffiliated peer?

Answer 49

Crossbencher - member of bipartisan crossbencher ‘party’

Unaffiliated - completely independent

Question 50

How are Lords elected to the Lords?

Answer 50

Nominated by the PM or House of Lords Appointment Commission.

That commission approve their appointment (Stops corruption)

Finally appointed by the queen

Question 51

2 different types of legitimacy

Answer 51

Input legitimacy - How people get there? eg voted in

Output legitimacy - how good people are at their jobs

Question 52

Why do political parties have less influence in the Lords?

Answer 52

Lords Spiritual and non political Lords do not align wiht a party.

Don’t need to worry about election or pleasing the party. No whips

No party has a majority

Question 53

3 different ways of introducing a private members bill

Answer 53

Ballot bills - have the best chance, 13 fridays, Lottery of trying to get your name on the ballot

10 minute rule bill - enter name and if succsessul talk about it for 10 minutes and try and get support

Presentation Bill - least succsesful - can state the name but nothing else so rare to get support

Question 54

House of Lords Appointment Commission

Answer 54

• Set up in 2000 as a reform
• independent public body that scrutinises executive nominations to HoL
• to recommend at least two people a year for appointment as non-party-political life peers who sit on the crossbenches;
• to vet for propriety most other nominations for membership of the House of Lords (Not hereditary or Spirituals)

Question 55

Difference between different bills?

Public v Private?

Answer 55

• Public - bills that apply to everyone. Eg. Abortion Bill 2019
• Private Bills that apply to specific organisations. Eg University of London Act 2018

Question 56

3 different ways of introducing a private members bill

Answer 56

1. Ballot bills - have the best chance, 13 fridays, Lottery of trying to get your name on the ballot
2. 10 minute rule bill - enter name and if succsessul talk about it for 10 minutes and try and get support
3. Presentation Bill - least succsesful - can state the name but nothing else so rare to get support

Question 57

What is secondary Legislation/ Henry VII clause

Answer 57

• Secondary legislation is amendments to primary legislation, doesnt get voted on in the commons as they dont have time.
• Lords tend to scrutinise this heavily as commons didnt get to.

Question 58

Recent example of PM and majority rejecting Lords amendment to Bill

Answer 58

• Brexit Bill
• Jan 2020
• Brexit bill finally passed in the commons, rejecting Lords amendments. In particular rejecting Alf Dubs’ amendment guarenteeing family reunion rights for child refugees.
• Alf Dubs (Labour peer and former child refugee) expressed huge disappointment along with members of Labour, Lib Dem, SNP and more.

Question 59

The 2 Different types of Statutory instruments/Secondary legislation

Answer 59

Negative

• Government lays a negative SI, each house has 40 days to stop the legislation. If no one objects to it then it becomes law.
• In the Lords only one member needs to table a motion to ensure its debated. These debates are an opportunity to put its dissenting opinion on record but they cannot stop the law coming into effect.

Affirmative

• each house must debate and approve affirmative SIs before the gov make it law but no time limit applies and there is no requirement for one house to do it before the other.
• In the Lords it needs to be considered by various committees before being debated.
• Only one house needs to object to prevent it from becoming law

Question 60

The Benn Act 2019

Answer 60

• Hilary Benn (Chair of the exiting the EU select committee) introduced it
• Required the PM to seek an extension to the Brexit Withdrawal date, in certain circumstances
• example of Commons, Select Committee and opposition scrutiny
• PMB - example of backbench power
• The nature of the topic means it is very important

Question 61

Tax-credits cuts bill 2015

Answer 61

• George Osbourne attempted to reduce welfare and benefits to low income families via secondary legislation.
• The Lords blocked it because it was Secondary Legislation and had hardly been scrutinised via the commons. This went against convention for the Lords.
• Osbourne called it a “Constitutional outrage” but made a U-turn because it brought the bill into public light and to reintroduce it as primary legislation (The lords said they would have no problem then) which would waste government time.
• Expertise of the Lords on show

Question 62

Upskirting Bill 2018

Answer 62

Defeated in the Commons after Tory MP Christopher Chope shouted Object during its second reading.

• It was later passed in the following parliament session.
• Backbench power
• Then later passed
• He only blocked it because he blocks all PMBs as he doesnt think they are scrutinised enough

Question 63

2 Examples of Blair’s elective dictatorship

Answer 63

• 2003 - 139 Labour Mps voted agaisnt involvement in Iraq war but he still won the vote. His majority is that large
• He lost his first vote in 2005, (8 years in) after his majority shrunk to 66 (Regarding imprisoning suspected terror suspects)

Question 64

The Sexual Offences Amendment Act 2000

Answer 64

Reduced the age of consent for gay sex from 18 to 16, easily passing the HoC.

Lords opposition to the bill was overridden by the gov so the amendment passsed.