PL5: The Institution of Parliament Flashcards
The speaker of the HoC
Chief Officer and highest authority
Politically neutral
Remain an MP; but resign from party
Role is to preside over Parliamentary Debates
Also have a disciplinary function
What are the HoC Disciplinary powers
- Withdraw abusine or denigrating remarks
- Suspending the sitting of House due to serious disorder (rare)
- Suspend deliberately disobedient MPs (naming)
- Ordering MPs to be quiet so others can be heard
Speaker’s power in debates
Control how long debates last.
Balance MPs participation
What does the Speaker consider in calling who to speak
- Official spokesperson from Gov & Opposition
- MPs have specific interest in the topic debated
- Seniority
- Time available
- Protect parliamentary minorities
Amendments to proposed legislation
Speaker has control over amendments to bills
Can lead to accusations Speaker is acting politicall
Speaker - maintaining impartiality
Protect parliamentary minorities
Amendments that are “out of order” will not be debated (vague/not related to bill)
Combine amendments so parliamentary time is not wasted.
Speaker - Upholding parliamentary rules
Speaker is responsible for application of Standing Orders
Make definitive interpretations of rules/procedures (“speaker’s rulings”)
Speaker’s role is almost entirely conventions
Speaker - Criticism
MPs can criticise the speaker
Substantive motion for debate required
May come under presure to resign.
Speaker and political controversy
John Bercow
Brexit impacts
Sept 2019 allowed an emergency debate which paced the way for a back bench MP to take control of Parliamentary Schedule.
Extension for leaving the EU to avoid “no deal” Brexit.
Controversial & unprecendented
Deputy Speaker Titles
Chairman of Ways and Means
First and Second Deputies
Deputy Speaker Duties
- Supervision of arrangements for sittings
- General oversight of private bills
- Chair the Panel with responsibilities for general committees
- Presiding over annual Budget debate (convention
Leader of the House
Government Minister - organise government business in the House
- Scheduling business
- Chairing the Parliamentary Business and Legislation Committee
- Deputising for the Prime Minister in some circumstances
Shadow Leader of the House
Work with Leader of House to arrange Common’s Business.
Can hold the government to account in how it manages HoC
Whips
Shape party contributions
Count votes
Arrange business of Parliament - secribed as the “usual channels”
A Circular
Sent out by the Whips and called “The Whip” detailing upcoming parliamentary business.
Attention paid to the divisions - three line whips
House of Lords key figures
The Lord Speaker
The Senior Deputy Speaker
The Leader of the House of Lords
The Lord Speaker
chairs daily business in the House of Lords and gives procedural advice and
assistance.
The Leader of the House of Lords
is a Minister (and member of the Cabinet) and is the most senior representative of the government in the Lords. The Leader leads a team of around 25
ministers and whips in the Lords.
‘Black Rod’
senior officer in the House of Lords
responsible for maintaining order in the House and its precincts.
a prominent role in the state opening of Parliament
Rules governing the business of HoC come from three main sources
- ’Ancient usage’ (ie convention)
- Standing Orders passed by the House following a vote
- Rulings of the Speaker
Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament
Guidance not rules
Evolves: eg
Recall of MPs Act 2015
E-petitions
Parliamentary Procedural Rules
Not binding, nevertheless respected.
They ‘can be regarded as presumptions to which members voluntarily
acquiesce’ (Loveland).
Presumption in favour of government business
Standing Order 14
‘Save as provided
in this order, government business shall have precedence at every sitting.’
Does not have legal force
Commons can vote to disapply; as occured 25th March 2019 for the Brexit Debate
Resolving Procedural Disputes
- One of the Speaker’s most important roles
- Might intervene when opposing party Whips cannot agree
- Backbenchers feel their concerns are not getting enough attention.
Question Time
Mondays to Thursdays, for one hour.
government minister answers questions
put to their department by MPs. At least three days’ notice - printed in the Order Paper for that day.
May also be put in writing
PMQ
every Wednesday when Parliament is sitting,
12 and 12.30 pm.
do not need to be notified in advance.
Urgent Questions
May request to the Speaker for an Urgent Question
Speaker will judge if urgent and of public importance.
Gov minister must come to commons and explain
HoC Twitter Feed provides updates
Ministerial Statements
Oral statements to the House, if government needs to bring something urgent to the HoC.
Often made after Oral or Urgent Questions.
Can also be in writing
Debates
Formalised discussions of proposals, reading Bills or taking action on particular issues
Process of debate
MP or Lords “moves a motion”
Speaker puts Q to the House
MP?lords take turns
Vote by calling “aye”/”no”
No clear result a “division” is called
Division
If Speaker cannot determine a clear result they call a division.
Walk in division lobies
Hansard
Transcripts of parliamentary debates
Record of written questions and answers.
Lists how members have voted in divisions.
Not in verbatim
Erroneous statements removed
Pepper v Hart 1993
**Clear statements made in Parliament*by ministers and other promoters of a bill may be referred to in court in order to construe that legislation - only if the wording of the legislation is ambiguous, obscure or its literal meaning is absurd”
Parliamentary Committees
Select and Legislative
Select Committees
These scrutinise many different areas of government activity and conduct. These have a
permanent membership.
Legislative Committees
These scrutinise proposals for specific pieces of legislation, including delegated legislation and
private bills.
The most common form is a Public Bill Committee.
Parliamentary legitimacy
Democratic mandate from citizens
Therefore Parliament is accountable to the people.
MPs conduct outside the Chamber
MPs’ conduct outside the Chamber also has an impact on
the perceived legitimacy of Parliament
Criminal Offences
- Arrested on suspicion; convicted released on bail - need not inform speaker if doesn’t impact attendance.
- Convicted and sentenced - magistrate will inform the Speaker.
- Sentenced for over a year in prison, they are disqualified.
Expulsion from the House
Most serious punishment
Motion moved by Leader of the House.
Serious crimes
eg John Stonehouse 1976
P
Power to expel an MP
Parliamentary Committee on Standards has no power to expel an MP.
Recommendations for expulsion are likely to be followed.
Recall of MPs Act 2015,
MPs can also be ‘recalled’ for a by-election if certain criteria are
fulfilled in relation to that MP’s conduct, notably a conviction for an offence
MPs’ expenses scandal
2009 FOI
Scandal over the amount and nature of expenses claimed.
Criminal charges of false accounting were brought against four parlimentarians, all of whom were imprisoned. MPs made voluntary repayments of approx £500k
Independent Parliamentary Standards Authority (IPSA)
Set up in 2010
Responsible for the regulation and payment of expenses to Members of the HoC
Expenses publically available
Register of Member’s Financial Interests
Ensure transparency about interests that “others might reasonably consider to influence”
Parliamentary Committee on Standards
- Overseeing work on Parl Commissioner for Standards
- Register of Members’ Financial Interests, and any other registers of interest.
- Consider any matter relating to the conduct of Members
- Recommending any modifications to the Code of Conduct
Committee of Privileges
Consider specific matters relating to privileges referred to it by the House
Parliamentary Commissioner for Standards
Independent officer of the House,
- Provide Advice
- Investigate allegations that MPs have broke Code of Conduct
- Decide complaints
- Review Code of Conduct
- Register of Member’s Financial Interests
The Commissioner cannot investigate….
The Commissioner cannot investigate ministers’ conduct in their ministerial role, or members of the HoL. Nor can they investigate constitutents’ complaints about MPs.
Complaints about MP’s expenses are dealt with by…
Complaints about MP’s expenses are dealt with by the IPSA, not the Commissioner for Standards
Powers of the PCS
- Order copies of papers, attendance of any MP
- Decide to hear evidence in public or private
May recommend
* MP apologise / suspension / expension
Legitimacy of the House of Lords
- Not elected by the people
- Appointed by the King’s (on advice if the PM)
- House of Lords Appointments Commission - est in 2000
Does act as an important check on the actions of the government, however, as its member are arguably less susceptible to career considerations and pressure from political parties
Lords’ Misconduct
Enforced by the House of Lords Commissioner for Standards.
Will investigate:
* Failure to register relevant interests
* Breach of the rules on financial inducements
Matters outside the House of Lords Commissioner for Standards.
Matters outside the remit of the Commissioner include:
* Policy matters or a member’s views
* Members’ non-parliamentary activities
* Members’ conduct in their ministerial capacity
Member of HoL imprisoned for over a year ceases to be a member of the House
Sanctions include:
* Suspension from the House
* Denial of access to financial support
* Expulsion (very serious cases only)
Parliamentary Privilege high level definition
’Parliamentary privilege’ means the range of freedoms and protections that both Houses require
in order to function effectively.
Parliamentary Privilege:
Right of each House to control its own proceedings and precincts
- Each House has the right to control its own proceedings and precincts.
House of Lords Commissioner for Standards investigates a misconduct complaint, the evidence becomes subject to parliamentary privilege and must remain confidential
until released by the Commissioner.
Parliamentary Privilege: Freedom of Speech
Article 9 of the Bill of Rights 1689 provides that proceedings in Parliament
not to be ‘impeached or questioned in any court or place out of Parliament’.
Parliamentary Privilege:
Proceedings in Parliament
- Has been subject to judicial consideration
- Courts will not allow any challenge to be made to what is said/done in the walls of Parliament in performance of legislative functions.
- Courts will not allow misuse of privilege
R v Chaytor & Ors
Supreme Court held that expenses claims by MPs did not qualify for the protection of privilege.
Expenses claims were not considered to be part of the core or
essential business of Parliament.
Parliamentary Privilege:
Freedom from arrest
May not be arrested without order or sentence of the House, except on a criminal charge or for criminal contempt of court.
Very few arrestable civil offences.
Exempts members from summons as a witness in court.
House of Commons Select Committees
These focus on scrutinising government departments. Each department of state is shadowed by a separate select committee, scrutinising its work.
House of Lords Select Committees
Broader more thematic scrutiny, based on six main areas:
* Europe
* Science and technology
* Economics
* Communications
* The UK constitution
* International relations
Select Committees
- Hold the government to account.
MPs, Lords, both in the case of Joint Committees - Established by Standing Orders - permanent entities although changing parliament
- Modern system of select committees was established in 1979
Why does Parliament need select committees?
- Select committees provide Parliament with a way of increasing capacity to scrutinise government away from the Commons chamber.
- Select committees are cross-party.
- Not enough sitting time for MPs to scrutinize fully every piece of legislation.
Select Committee membership
Institute for Government considers that the identity of the select committee Chair ‘determines
its impact more than any other factor’
Commons Select Committees
- Most committee Chairs are elected by their fellow MPs
- Minimum 11 members, selected by internal party election
- Membership reflects the party-political balance of the House
Lords select committees
- Chairs appointed by the House on the proposal of the Committee of Selection
- Members usually proposed by Committee of Selection, and voted on by the House
- No fixed number of members
- No rule on political balance
Scrutiny of government
The government is committed to replying to every select committee report within 60 days of its publication.
Influence the direction of government by:
* Writing reports for the House
* Attracting media attention to a political issue – this is increasingly important
* Encouraging ministers to engage properly with issues - knowing they may be called to give evidence.
Public Accounts Committee
This scrutinises the economy, efficiency and effectiveness of public spending and holds the
government and its civil servants to account for the delivery of public services.
Transport Committee
This examines the expenditure, administration and policy of the Department for Transport and its
associated public bodies.
Committee on Standards
This oversees the work of the independent Parliamentary Commissioner for Standards on, for example, MPs’ Register of Interests, conduct etc.
Constitution Committee
This examines all public bills for constitutional implications and investigates broad constitutional
issues.
HoL Select Committee
Intergenerational Fairness and Provision Committee
This was set up in March 2019 to consider the impacts of current government policy on future
generations.
HoL Select Committee
Gambling Industry Committee
This was set up in June 2019 to consider the social and economic impacts of the gambling
industry (eg online casinos).
HoL Select Committeee
Joint Select Committees
There are four:
* Human Rights
* National Security Strategy
* Statutory Instruments
* Consolidation Bills
Joint Committee on Human Rights
Considers human rights issues in the UK.
Joint Committee for National Security Strategy
Scrutinises the structures for
governmental decision-making on national security, particularly the role of the National Security Council and the National Security Adviser.
Joint Committee on Statutory Instruments
Appointed to consider statutory instruments made in exercise of powers granted by Act of Parliament. Instruments not laid before Parliament are included within the Committee’s remit.
Joint Committee on Consolidation Bills
Considers Bills which bring together a number of existing Acts of Parliament on the same subject into one Act without amending the law,
although they occasionally contain minor corrections and improvements.
Select Committees Powers to Call Evidence
- to ‘send for persons, papers
and records’ - If any witness who has been summoned to appear before a select committee refuses to attend,
the fact is reported to the House and an order made for his attendance at the bar to be admonished by the Speaker - civil servants, Ministers, MPs and Lords cannot be summonsed in this way.
Power to summons witnesses
- Select Committee may issue a summons. If ignored, then a warrant may be issued.
- The House may order the Serjeant at Arms as Warrant Officer of the House to serve a Warrant on the witness.
- In serving the Warrant, the Serjeant or his appointee may call on the full assistance of the civil authorities, including the police.
Who gives evidence to select committees?
- Senior company employees may be able to give evidence.
- eg 2018 Zuckerberg was asked to give evidence
Select Committee: David Cameron, when PM on welfare reform
(Liaison Committee)
Select Committee: Theresa May, when PM on her Brexit agenda
(Liaison Committee)
Select Committee: Philip Green (collapse of BHS)
Getting a Bill to Parliament
A bill can be proposed in the following ways:
- Proposed by government
- Proposed by MPs
- Proposed by member of Lords (Private Peer’s Bill) * Proposed by
Different process of secondary legislation
- Made under powers granted to the relevant Secretary of State in primary legislation.
- Often known as the “parent act”
- Usually takes the form of Statutory Instruments
Affirmative resolution procedure
SIs must be debated and approved by both the primary legislation.
Negative resolution procedure
An SI does not need active approval by Parliament,
It will automatically become law unless either House passes a motion to reject it (usually within 40 days).
JCSI
Joint Committee on Statutory Instruments
Scrutinises the government’s secondary legislation to make sure it is clear and within the powers granted by the primary legislation
Bills starting in the Commons
- Approval of both Houses needed.
- First Reading; Second Reading and Committee Stage
First Reading
a formality – there is no debate on the bill at this stage.
Parliament Act Procedure
Only exception to requiring approval of both Houses is via the Palriament Act Procedure, making it possible to bypasss the Lords
Bills on constitutional matters
By convention, bills on constitutional matters start in the Commons.
Second Reading
Debate the main principles on the bill
* Gov Minister will open the debate by setting the case for the bill and explaining its provisions
* Opposition will respond/discuss
* No amendments can be made to the text of the bill at this stage.
* Vote on the bill - if lost by the Gov, then cannot proceed.
Committee Stage
- Detailed consideration of the bill
- Either in the chamber, or by Public Bill Committee
They can: - Take oral and written evidence about the subject matter of the bill
- Propose amendments
- Propose wholly new clauses
Report stage
- Only amendments proposed at committee stage are discussed.
- Third reading takes place after the Report.
- No amendments can be tabled in the Commons, but amendments can be tabled in the Lords
Final Stage
Both Houses must agree on the text before it becomes and Act.
Ping pong.
Length of time depends on the importance of the bill.
Royal assent
- Royal assent has not been given in person since 1854
- It is a formality
- By convention, the monarch does not refuse assent, though he is legally entitled to.
- Announcement made in both Houses following Royal Assent Being given.
- May come into force immediately, or after a period of time specified, or on a later date following a “commencement order”
Commencement Order
- Designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent.
- If there is no commencement order or other provision, the Act will come into force at the beginning of the day on which it receives Royal Assent.
Private Members’ Bills
- Proposed by MPs and Lords who are not government Ministers
- Can be introduced in either House
- Less time is allocated to these bills, less likely in practice to proceed.
Examples of Private Members’ Bills
-
The Murder (Abolition of the Death Penalty) Act 1965 was introduced as a PMB by Sydney
Silverman MP. -
The Abortion Act 1967 was introduced as a PMB by David Steel MP but was then backed by
the government. -
The Sustainable Communities Act 2007 introduced legislation intended to help reverse the
trend of community decline, also called ‘Ghost Town Britain’.
Parliament Acts 1911 and 1949
- A bill being sponsored by the government to be sent for Royal Assent without approval of the House of Lords, if blocked for one year.
- 1911 intro due to collapse of convention whereby HoL blocked financial legislation.
Parliament Act:
Seven times used in total.
2004 Hunting Act
R (Jackson) v Attorney-General (2005)
