The Structure And Role Of Parliament Flashcards
What is parliament?
Parliament is the supreme legislative body of the uk.
How is parliament structured?
Parliament is bicameral, made up of two chambers:
- the House of Commons, the elected chamber of the uk parliament.
- the House of Lords, the unelected chamber of the uk parliament.
What are the features of the House of Commons? (6)
• It’s the elected chamber of Parliament.
• MPs (650) in the House of Commons are elected through a FPTP system.
• the House of Commons is chaired by a speaker.
• it’s organised by party Whips.
• they enjoy Parliamentary privilege, meaning MPs cannot be prosecuted or sued for anything they say in the House of Commons.
• regulates its own affairs, self regulation is a fundamental principle of parliamentary sovereignty and autonomy, allowing the commons to functions effectively without any interference of external
involvement
The House of Commons is regarded as superior to the Lords due to its special powers of:
- financial privilege
- primacy over legislation
- the power to dismiss the executive
The superiority of the Commons over the Lords is upheld by the following 5 laws/ conventions:
1. the Parliament Acts of 1911 and 1949
2. the convention that the Lords cannot vote against any money Bills
3. only the Commons may defeat the government on a confidence motion A vote to determine whether the Commons still supports the government. If it loses, the government must resign
4. The Salisbury Convention prevents the Lords voting against a winning party’s manifesto The Lords will not vote against a proposal from a winning manifesto
5. the ‘reasonable time convention’ prevents the Lords from delaying government business
6. the Lords rarely block secondary legislation. Legislation relating to how Acts are carried out and interpreted
What are the features of the House of Lords?
• It’s the unelected chamber of Parliament.
• Consists of life peers, hereditary(92) and spiritual(26) peers.
• It is chaired by a Lord speaker.
• Is less controlled by party whips.
• Limited authority through the Parliamentary Acts of:
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1911 - introduced by liberal government after constitutional crisis where the Lords rejected the Peoples Budget of 1909, the prime minster at the time reduced HoL power to veto money bills.
1949 - Enacted by labour government to limit the HoL delaying power, reducing the period that the HoL could delay non money bills.
Constitutional reform act of 2005 - passed by labour government leader Tony Blair in aims of separating the judicial functions from the legislative, hence the establishment of the Supreme Court of the United Kingdom, which took over the judicial functions of the House of Lords, thus removing the Law Lords from the legislative chamber.
House of Lords act 1999 -
implemented by Labour government under Tony Blair to remove the automatic right of hereditary peers to sit and vote in the HoL, significantly reducing the hundreds of heredity peers in the HoL to 92.
Since the reform of the House of Lords in 1999, the Lords has become more effective at reviewing government legislation checking the executive and representing public concerns. This is because:
- The reformed House of Lords has a large number of crossbenchers and no overall party in control.
- The reformed House of Lords has greater expertise on policy areas than a Commons comprised of career politicians.
- With no majority winner in 2010 and 2017, the Salisbury convention does not apply, hence peers can vote against proposals.
- Less unified parties mean Lords amendments are more likely to be supported by backbench MPs less unity within a party gives backbench MPs more freedom and motivation to support amendments from the House of Lords, reflecting their own positions and leveraging their influence
What is the role of a Prime Minister in parliament?
- most important body in parliament, leading the executive branch. (Executive branch dominate the legislature)
- The prime minister selects and leads the cabinet, which is composed of ministers responsible for various government departments.
- The prime minister has the authority to appoint or dismiss ministers, senior civil servants, and other key officials within the government.
- key spokesperson for the government, addressing the nation on important issues and policies, and explaining government actions and decisions
- key figure in setting government policies and priorities, often shaping the national agenda.
- The prime minister represents the country both domestically and internationally, engaging in diplomacy, attending international summits, and negotiating with other heads of state and government.
- During times of crisis, such as natural disasters, economic downturns, or national security threats, the prime minister coordinates the government’s response and communicates with the public.
Gordon Brown, 2007-2010 Brown’s handling of the financial crisis faced significant criticism for his management of the economic downturn, and poor communication, leading to perceptions that he did not effectively manage the crisis. Although Brown’s government eventually implemented substantial bank bailouts and nationalized certain financial institutions, these moves were controversial. Critics argued that these measures were too focused on saving banks rather than directly addressing the needs of the broader economy and the public. The financial crisis led to severe economic repercussions, including a deep recession, increased unemployment, and austerity measures. Many people faced job losses, reductions in income, and financial instability. Brown’s perceived mishandling of the crisis contributed to a loss of public trust in his leadership and the Labour Party. His inability to effectively communicate the government’s strategies and reassure the public compounded this mistrust. Due to this, the 2010 general election, Brown’s Labour Party suffered a significant defeat, losing many seats and resulting in a hung parliament. This ultimately led to the formation of a Conservative-Liberal Democrat coalition government, with David Cameron becoming Prime Minister.
What is the role of the Speaker in parliament?
Speaker:
- Keep order and ensuring as many MPs as possible from across the range of parties are allowed to speak in debate.
- They administer the rules of the House of Commons and can suspend MPs who break these rules, e.g calling someone a liar/corrupt. For example, then-speaker John Bercow suspended veteran Labour MP Dennis Skinner for calling then prime minister David Cameron
‘Dodgy Dave’, and subsequently refusing to retract or apologise for his comments
- speakers are voted for by their fellows MP’s and must renounce any party allegiances before they take on the role. John Bercow, faced growing criticism, especially from the government benches, over his alleged favouritism towards opposition MPs and his perceived lack of cooperation on progression of the Brexit bill following the 2016 referendum. He was also accused of bullying by some members of his own staff including his former private secretary Kate Emms, who worked for him between 2010 and 2011 — claims he strongly denied
What is the role of the whip?
- whips are in charge of party discipline and ensuring that MPs stay loyal and vote the way their leaders dictate.
- There are also junior whips, as well as whips in the opposition parties
- Each week, whips issue a set of instructions on how their party’s MPs should vote. A ‘three-line whip’ indicates the party leadership expects all its MPs to turn up and vote a certain way.
- A ‘three-line whip’ indicates the party leadership expects all its MPs to turn up and vote a certain way.
- The whip may be withdrawn from an MP, which effectively means that the MP is suspended from the party. This is usually a temporary sanction and is much more likely a response to the M/s in question bringing the party into disrepute as opposed to defying the whip in a particular vote.
This was the case in 2012 when Conservative MP Nadine Dorries appeared on the TV reality show I’m a Celebrity…Get Me Out of Here! without first informing the party leadership or the whips of her participation, and thereby being absent from the Commons for several weeks. The whip was later restored to Dorries and she later went on to join the government benches - On rarer occasions, the whip can be withdrawn for political disloyalty.
This was the case in September 2019, when Boris Johnson removed the whip from
21 Tory rebels who defied the whips’ instructions not to support a motion to take control of parliamentary business from the government during the Brexit bill saga, ten MPs subsequently had the whip restored and five of the remainder decided to stand as independents or Liberal Democrats in the subsequent general election, although all lost their seats
A more unusual reason for the removal of the whip took place in July 2020.
Conservative MP Julian Lewis had been elected as chair of the Intelligence and Security Committee by securing the support of opposition MPs. In doing so, he defeated fellow Tory MP Chris Grayling, the government’s preferred candidate. A government source accused Lewis of ‘working with Labour and other opposition MPs for his own advantage. Clearly collaborating with the political enemy can be seen, on occasion, as a serious crime in politics
What is the role of the leader of the House of Commons?
- This cabinet-level post, held by prominent Eurosceptic Jacob Rees-Mogg following the 2019 election, is essentially that of the government’s business manager.
- It is their job to see that from the executive’s perspective the Commons runs smoothly, and that its bills are properly timetabled.
- For example, on Thursdays the leader of the house tells the Commons about the business scheduled for the following week and usually provisional business for the week after that.
- Their job also involves close liaison with the government’s chief whip.
What are Frontbenchers?
- This term is applied to members of the governing party/parties who are also ministers in the government and also to opposition MPs who are shadow ministers.
- The term derives from the fact that these members sit on the front rows in the Commons chamber.
What are backbenchers?
- These are the ordinary MPs who are neither ministers nor shadow ministers.
- Some are loyal followers of the party, especially those who are hoping for promotion to the frontbenches.
- It also here that the more independently minded MPs can be found, several MPs have spent many years criticising and sometimes, voting against their own party leadership from the backbenches.
During his time as a backbencher, former Labour leader Jeremy Corbyn rebelled frequently against the Labour government and its Blair/Brown leadership, making him the most rebellious Labour backbencher between 1997 and 2010
What are the main functions of parliament ?
Legislate: parliament debates, scrutinises, amends and passes bills, votes on bills become acts of parliament.
Recruit ministers: Talented members of Parliament (MPs) are promoted to the government ranks.
Representation: MPs and Lords represent their constituency’s interests and concerns of the public and party.
Debate: parliament provides a forum for debate on major issues or government actions. Debates can be triggered by the public through the backbench Business Committee.
Scrutinise: parliament scrutinises the work of government, by having an opposition tasked with examining the govt and holding it to account.
Brexit Debates and Parliamentary Prorogation (2019)
SCRUTINY + REPRESENTATION:
In August 2019, Prime Minister Boris Johnson advised the Queen to prorogue Parliament for five weeks, limiting the time available for MPs to debate and scrutinize the government’s Brexit plans. The Supreme Court later ruled this prorogation unlawful, as it prevented Parliament from carrying out its constitutional functions during a critical period. The government’s move to prorogue Parliament limited MPs’ ability to scrutinize the executive’s plans for Brexit, which is a fundamental parliamentary role. It restricted MPs from representing their constituents’ views on the crucial issue of Brexit. Constitutional problems:
- Separation of Powers: The prorogation was seen as an attempt by the executive to limit parliamentary scrutiny, disrupting the balance of power between Parliament and the executive.
- Judicial Intervention: The Supreme Court’s ruling that the prorogation was unlawful highlighted a constitutional crisis where the judiciary had to intervene to protect parliamentary sovereignty and the rule of law
Windrush Scandal (2018)
REPRESENTATION + SCRUTINY:
The Windrush scandal exposed how members of the Windrush generation, legally residing in the UK, were wrongfully detained, denied legal rights, threatened with deportation, and, in at least 83 cases, wrongly deported. Parliament failed to adequately scrutinize the Home Office’s policies and practices, leading to severe injustices due to MPs not adequately representing the affected individuals’ interests.
- Accountability: The lack of effective scrutiny and representation points to a failure in holding the executive accountable for its actions.
- Human Rights: The scandal raised significant human rights concerns, with individuals’ legal rights being violated, underscoring the need for robust parliamentary oversight to protect citizens
Expenses Scandal (2009)
SCRUTINY + INTEGRITY
The MPs’ expenses scandal revealed widespread misuse of the allowances and expenses system by MPs. This undermined public trust in Parliament’s ability to self-regulate and scrutinize its members’ conduct effectively.
- Transparency and Accountability: The scandal exposed deficiencies in transparency and accountability within Parliament, highlighting the need for reforms to ensure proper oversight of MPs’ expenses.
- Public Trust: The erosion of public trust in Parliament’s integrity pointed to a deeper constitutional issue regarding the ethical standards and accountability mechanisms for elected representatives.
Iraq War Inquiry (2003)
SCRUTINY + DEBATE.
Parliament did not adequately scrutinize the intelligence and justification for the Iraq War, failing in its role to debate and challenge the executive’s decisions effectively.
- Executive Dominance: The lack of proper debate and scrutiny underscored concerns about executive dominance over Parliament, weakening the checks and balances essential for a healthy democracy.
- Decision-Making Transparency: The inquiry highlighted issues with the transparency of decision-making processes within the government, raising questions about the adequacy of parliamentary oversight in matters of national security and foreign policy.
What are the ways in which parliament can scrutinise the government.
- PMQs.
- Debate.
- Select Committees.
- Amending and voting legislation.
- No confidence votes.
What is the function and PMQ’s and how effective are they.
- Weekly questions to the prime minister or ministers allowing MPs to publicly challenge and hold the government to account.
- It allows the public to hear directly from their leaders about current issues and government policies.
- PMQs often appear to be unconstructive, and the atmosphere in the Commons can be aggressive
-It helps engage the public in political processes by broadcasting the session live.
1. Tony Blair and Iraq War (2003): PMQs were instrumental in scrutinizing Tony Blair’s government during the lead-up to the Iraq War. Blair faced intense questioning and was compelled to justify his stance and decisions, demonstrating the accountability aspect of PMQs. 2. David Cameron and Phone Hacking Scandal (2011): PMQs were effective in holding David Cameron accountable during the phone hacking scandal, with MPs from all parties grilling him about his ties to News International and the adequacy of his responses to the scandal. 3. Theresa May and Brexit (2016-2019): Throughout the Brexit negotiations, PMQs were a significant platform for scrutinizing Theresa May’s strategies and decisions. The robust questioning highlighted the challenges and complexities of Brexit, reflecting the scrutiny and accountability roles of PMQs. 1. Boris Johnson and COVID-19 (2020): Critics argue that PMQs during the early stages of the COVID-19 pandemic were not entirely effective in holding Boris Johnson’s government accountable for its initial response to the crisis. Some felt that the questioning lacked depth and did not adequately address key issues such as testing and PPE shortages. 2. Rishi Sunak and the Cost of Living Crisis (2022): During PMQs in the ongoing cost of living crisis, Rishi Sunak faced criticism for not providing substantive answers to the pressing economic concerns raised by MPs, leading to questions about the effectiveness of PMQs in ensuring governmental accountability on economic policy.
What is the function of debate in terms of scrutinising the government (6) and how effective are they?
- Accountability: Debates provide a platform for government officials to justify their actions and decisions. This ensures that they are held accountable for their policies and actions.
- Transparency: Debates offer a transparent medium through which the public can be informed about government activities and policies.
- Policy Examination: Through debates, the details and implications of various policies are discussed and examined, revealing any potential flaws or benefits.
- Public Opinion: Debates reflect and influence public opinion, which can, in turn, affect government policy and action.
- Opposition Voice: Debates allow opposition parties to challenge the government, present alternative viewpoints, and hold the ruling party to account.
- Legislative Process: Debates are integral to the legislative process, providing the opportunity for detailed discussion of bills and laws before they are passed.
The Brexit debates were instrumental in scrutinizing the government’s handling of the UK’s departure from the European Union. These debates provided a platform for MPs to question and challenge the government’s negotiation strategies and the terms of the exit deal.
• June 23, 2016: The Brexit referendum result led to extensive debates in Parliament.
• January 15, 2019: The House of Commons rejected Theresa May’s proposed Brexit deal by 432 votes to 202, marking the largest defeat for a sitting government in history.
• October 19, 2019: A special Saturday sitting of Parliament was held to debate the revised Brexit deal, reflecting the urgency and significance of the issue.
Debates on the Windrush scandal scrutinized the government’s treatment of Commonwealth citizens who had been wrongly detained, denied legal rights, and threatened with deportation. These debates led to public apologies and policy changes.
• April 16, 2018: A debate in the House of Commons following media reports and public outcry highlighted the extent of the scandal.
• April 30, 2018: Home Secretary Amber Rudd resigned following intense scrutiny and criticism in parliamentary debates.
Debates on the MPs’ expenses scandal exposed widespread misuse of parliamentary expenses, leading to significant reforms in how MPs’ expenses were managed and reported.
• May 2009: Following revelations by The Daily Telegraph, debates were held in Parliament addressing the extent of the abuses and the need for reform.
• June 2009: Establishment of the Independent Parliamentary Standards Authority (IPSA) to oversee MPs’ expenses, following intense parliamentary debates and public pressure.
The debate over Prime Minister Boris Johnson’s decision to prorogue Parliament was crucial in scrutinizing the government’s actions and ensuring the maintenance of democratic processes.
• September 3-9, 2019: Intense debates took place in the House of Commons, resulting in the passing of the Benn Act, which aimed to prevent a no-deal Brexit.
• September 24, 2019: The UK Supreme Court ruled that the prorogation was unlawful, following significant parliamentary and public debate.
What is the function of select committees and how effective are they?
- Backbench MPs form committees on specific areas, e.g. Home Affairs and can call in ministers and other witnesses to hold the government to account by scrutinizing policies, decisions, and administration.
- Most select committee chairs are elected by MPs, so have authority from Parliament to challenge the government. Many are opposition MPs.
- They gather evidence from government officials, experts, stakeholders, and the public and conduct in-depth investigations into specific issues, often following public or political concerns.
- Select committees publish reports that may criticise the government
- voting on legislation / examine draft legislation and suggest amendments.
- The governing party has a majority on each committee and can ignore select committee reports
Home Affairs Committee and the Windrush Scandal:
The Home Affairs Committee, chaired by Yvette Cooper MP, scrutinized the handling of the Windrush generation in 2018-2019. The Windrush generation were wrongly detained, denied legal rights, and deported due to government policies. The committee’s investigations, including hearings in April and May 2018, exposed the failures within the Home Office and led to significant policy changes and the establishment of the Windrush Compensation Scheme.
Joint Committee on Human Rights (JCHR) and Surveillance:
The JCHR, chaired by Harriet Harman MP, scrutinized the Investigatory Powers Bill (now the Investigatory Powers Act 2016) in 2015-2016. The committee ensured that surveillance legislation included safeguards for privacy and human rights. The committee’s reports and recommendations led to amendments that strengthened oversight mechanisms and protections against abuse of surveillance powers
