The Workings of Parliament Flashcards
The rules governing the business of the House of Commons derive from three main sources:
- ‘Ancient usage’ (i.e. convention)
- Standing Orders passed by the House following a vote
- Rulings of the Speaker
What is the leading source of guidance on the workings of the House of Commons – note that this represents guidance and not rules?
Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament
One key presumption is that government business…
…takes precedence in the parliamentary timetable
Each Parliament (elected after a general election) is divided into sessions. These usually last around a year, though some can last longer, notably the session from 2017-19.
Each session of Parliament begins with the…
…’King’s Speech’ (not, in fact, written by the King but by the government, setting out its legislative agenda).
According to Loveland, in recent years parliamentary time has been divided roughly as follows:
30-35% - Government bills
15-17% - Government general debates
7-8% - Opposition general debates
8-10% - backbenchers’ bills and motions
8-10% - questions to Ministers
Resolving disputes about parliamentary procedure is one of the Speaker’s most important roles. The Speaker might intervene, if, for example:
- q Whips from opposing parties cannot reach agreement on procedure
- q Backbenchers feel their concerns are not getting enough parliamentary time
Remember that the Speaker is an elected and politically neutral member of the House of Commons. This office has generally been alternated between members of the two main political parties in recent times.
When does PMQ take place?
Prime Minister’s Question Time takes place in the House of Commons every Wednesday when Parliament is sitting, between 12 and 12.30 pm.
The subject matter of questions do not need to be notified in advance.
By convention, MPs ‘table’ (i.e. give notification of) a question about the PM’s engagements (this will not be the real subject matter of the question!)
The PM therefore does not know exactly what questions will be asked.
Where does Question time take place?
Question time, which takes place on Mondays to Thursdays, for one hour. A government minister answers questions put to their department by MPs.
At least three days’ notice of questions must be given; the questions are then printed in the Order Paper for that day.
Questions may also be put to Ministers in writing and answered in writing.
If an MP wants to ask a Minister about an important matter requiring a quick response, they may make a request to…
…the Speaker for an Urgent Question to be put.
The Speaker will grant the application if satisfied that the question is indeed urgent, and of public importance.
The government minister concerned must come to the Commons to explain the government’s position on the issue in question
If there is something urgent and important that the government needs to bring to the attention of the House of Commons…
…the relevant Minister may make an oral statement to the House.
This process is used after, for example, a major public incident.
Ministerial statements are made after Oral Questions and any Urgent Questions.
MPs then have the opportunity to ask the Minister questions. These are not tabled in advance; the order of questions is determined by the Speaker.
Ministerial statements to Parliament may also be made in writing. These address more prosaic aspects of government business, for example the publication of reports by government agencies, and detailed financial information.
Debates in both Houses of Parliament are formalised discussions of proposals, for example for the reading of proposed legislation (Bills), or for the government to take action on a particular issue. The process of a debate is as follows:
- MP or Lord “moves a motion”
(Lord) Speaker puts a question to the House in the terms of the motion - MPs/Lords take turns to speak on the question
- MPs/Lords vote by calling out “Aye” or “No”
• If there is no clear result, a division is called.
If the Speaker (or Lord Speaker) cannot determine a clear result from hearing MPs (or Lords) shout “Aye” or “No” following a debate, they will call a division. What does this mean?
This means that members register their vote by walking into two different corridors on either side of their respective Chambers. These are called ‘division lobbies’.
Division lobbies are called the ‘Aye’ and ‘No’ lobbies in the Commons, and the ‘Contents’ and ‘Not Contents’ lobbies in the Lords.
Members are counted and their names recorded as they pass through the lobbies.
If you have watched any parliamentary debates, you will know that the process takes around 15 minutes.
The result of the vote is announced by the Speaker (or Lord Speaker).
Information as to how individual members have voted is available to the public the following day.
What is Hansard?
‘Hansard’ is the name given to the transcripts of parliamentary debates, as well as the record of written questions and answers.
It also lists how members have voted in divisions.
Hansard is not a strictly verbatim record; repetitions and obvious mistakes are left out.
By convention, because the accuracy of the record is so important, if an MP makes an erroneous statement which is then recorded in Hansard, they must ensure that it is corrected.
The rule in Pepper v Hart [1993] AC 593.
Clear statements made in Parliament by ministers or other promoters of a bill (as recorded in Hansard) 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.
What are committees and what are the 2 types?
Parliamentary committees play an important role as scrutineers of government work and legislative proposals.
They work in both the Commons and the Lords. Detailed information on committee remits and powers are covered in separate materials.
There are two main types of committees:
- Select committees scrutinise many different areas of government activity and conduct. These have a permanent membership.
- Legislative committees scrutinise proposals for specific pieces of legislation, including delegated legislation and private bills. The most common form is a Public Bill Committee.
