the structure and role of the House of Commons and the House of Lords Flashcards
what is the HOC?
The primary chamber of the UK legislature, directly elected by voters.
what is the HOL?
The second chamber of the UK legislature, not directly elected by voters.
what is the structure of the HOC?
- 650 MPs, each elected from a constituency
- MPs are divided into backbench and frontbench MPs
- MPs do a lot of their work in committees, the main ones are select committees and legislative committees
what is a party whip?
they are appointed by main parties and they ensure the MPs in their parties are remaining loyal to the party and inform them on issues
what is the difference between frontbench and backbench MPs?
frontbench MPs are more senior, they are ministers, and party officials appointed by the PM, there are also opposition frontbench MPs
whereas backbench MPs are the majority, and can be more independent than frontbench MPs but are still expected to show party loyalty
what is the structure of the HOL?
- 92 hereditary peers
- 26 are archbishops
- the rest of the members are life peers
- unelected chamber
- scrutinise government
what are life peers?
someone who is granted a peerage, which entitles the holder to attend the HOL, take part in debates and scrutinise and vote on legislation, this is for life, and unlike hereditary peers, it cannot be passed down to their children
how do you become an MP?
- join a party
- get placed on the party’s approval central list of candidates
- get nominated as the prospective parliamentary candidate for a constituency by being elected by the local members
- when an election is called, ensure that you are nominated by at least ten local residents and registered with the constituencies returning officer
- win a plurality of votes in the constituency when a general election is held
what are crossbenchers?
those of the HOL who are not formal members of a party, and are independent minded
how might the HOL be reformed?
- an all appointed second chamber
- an all elected second chamber
what are the problems with the current HOL?
- an unelected legislature is undemocratic
- too many members of the current HOL are not active or are only semi-active
appointment process of life peers
Nominated, either by current party leader, the House of Lords Appointments
Commission or the public
Nominees are considered and vetted by the independent House of Lords Appointments Commission and the names are then passed to the Prime Minister
The Prime Minister considers the list and passes it to the monarch, who issues official Letters Patent
The newly created life peer presents their Letters Patent and is sworn in as a life peer in a short ceremony
the functions of the HOC
legislating
scrutiny of government
representation
national debate
social representation
how can the HOC legislate?
- they grant the government legitimacy for what it does
- private member bills
- pass legislation and approve public finances
what are private member bills?
when backbench MPs develop their own legislation
what is the process of a private member bill?
ballot : names of backbench MPs are randomly drawn and there is an allocated time to discuss the proposed bill
this is where MPs make a ten minute speech of their bill.
they can be introduced through a presentation
what is the problem with private member bills?
the chances of seeing it through to law are small
give 2 examples of private member bills that happened 2017-2019
Animal Welfare Act 2019 by Sir Oliver Heald cons MP
Assaults on emergency workers Act 2018 by Chris Bryant labour MP
what is the Voyeurism (Offences) Act 2019? what was a problem with it?
banned the practice of upskirting
it was difficult to pass onto law as it took a whole year
how can the Lords legislate?
they do not really legitimise legislation
- they can scrutinise proposed legislation, to give their opinion and ask the government to think again and maybe amend the proposals
- they have the power to delay legislation for up to one year
what can the commons do when the lords delays legislation?
they can vote to bypass legislation and pass legislation without approval from the lords after the one year delay
when has the Commons bypassed legislation from the lords? (2)
- The Hunting Act 2004: banning fox hunting
- Sexual Offences Amendment Act 2000: lowering the age of consent for gay men to 16
the Sailsbury Convention
the lords cannot obstruct any proposed legislation that was contained in the government’s manifesto.
1911 and 1949 parliament acts
the lords can only delay legislation for one year and have no legislative control over financial matters.