UK GOV 2: Parliament

Question 1

2.1 Structure & Role of House of Commons & Lords
What is the difference between Frontbench and Backbench MPs?

Answer 1

Frontbench MP’s are more senior, as ministers and party officials appointed by the Prime Minister - there are usually around 90. Backbench MPs are not Ministers but may work in committees; they make up roughly 3 quarters of the total membership of the Commons. Backbenchers do not have ministerial or shadow ministerial position and their main role is to represent their leaders of their respective parties.

Question 2

2.1 Structure & Role of House of Commons & Lords

What are the role of Whips?

Answer 2

All main parties appoint whips who work under chief whip, they’re concerned with ensuring MPs in their parties are informed and persuade reluctant MPs to support their party’s line. They also inform their party leadership how MPs are feeling about an issue, and may warn of possible rebellions.

Question 3

2.1 Structure & Role of House of Commons & Lords

What is necessary in order to form a government?

Answer 3

In order to form a majority the government need 326 seats to form a party; which fluctuate depending on how many Sinn Fein get as they do not take their seats in the House of Commons for political reasons (Northern Irish context)

Question 4

2.1 Structure & Role of House of Commons & Lords

Define Parliamentary Privilege

Answer 4

An ancient principle that protects MPs from external pressures and specifically means they can’t be prosecuted or sued for anything said in the House of Commons, designed to offset monarchical tyranny.

Question 5

2.1 Structure & Role of House of Commons & Lords

Who makes up the House of Lords?

Answer 5

Hereditary Peers - 92 members following the House of Lords Act 1999, once dead or retired successor must be elected by all remaining peers. They are expected to attend and vote regularly and take part in committee work.

Lords Spiritual - 26 are archbishops and bishops of the Church of England.

Life Peers - Nearly 700, cannot pass their titles onto children, nominated by the prime minister; they are political appointments. Expected to follow their party’s line on most issues, there are also non-political peers appointed on recommendation of NGOs. Peers represent sections of society in Parliament, such as ethnic minorities, the elderly, hospital patients, etc. They represent important political causes which tend to be environment and human rights concerns.

Question 6

2.1 Structure & Role of House of Commons & Lords

What are the roles within the House of Lords?

Answer 6

3 Main jobs Peers undertake:

• Scrutinising legislation: peers with special expertise play a valuable role in examining proposed legislation.
• Every gov. dept. has a frontbench representative in the Lords, giving peers opportunity to call gov. to account.
• Many peers sit on committees that investigate aspects of gov. policy and produce reports whch may be critical or supportive and suggest changes to proposals.

Question 7

2.1 Structure & Role of House of Commons & Lords

Name 5 differences between the House of Commons and Lords

Answer 7

House of Commons:
- In the case of MP retirement, a by-election is held to fill their place
- MPs enjoy parliamentary privilege, they’re free from outside interference and cannot be prosecuted for anything said in the Commons.
- Most MPs are elected as members of a party and may be resigned or expelled from party.
- All main parties appoint whips who work under Chief Whips.
- The Commons is divided by parties

House of Lords:
- Once a hereditary peer dies, their successors must be elected by the remaining peers.
- There are nearly 700 life peers, whose titles die with them.
- Most members are nominated by the Prime Minister as political appointments expected to follow their party’s line on most issues.
- The House of Lords Appointment Commission decides who’s appointed and veto unsuitable MPs.
- The Lords is not partisan.

Question 8

2.1 Structure & Role of House of Commons & Lords

What are the main functions of Parliament?

Answer 8

1. Passing Legislation: The most important, Parliament is the supreme legislative body in the UK with authority to pass or amend laws on any subject.
2. Parliamentary Scrutiny: Responsibility to exercise oversight of the executive’s actions, opposition seeks to hold the gov. to account and expose its errors. Ministers have a duty to explain and defend their policies in Parliament.
3. Debate important issues of the day: Hold Adjournment debates, Emergency debates, Debates about Military intervention, and Backbench Business Committee have the authority to schedule debates and deal with forms submitted by MPs.

Question 9

2.1 Structure & Role of House of Commons & Lords

What is one example where the Executive have struggled to pass legislation via Parliament?

Answer 9

1. March 2016 Sunday Trading; On Mondays to Saturday, all shops in the UK are free to remain open for as long as they wish - Sunday is different. Sunday trading act 1994 regulates Sunday shop opening hours, large shops may open for no more than 6 hours to protect workers - no restrictions for smaller shops. Conservative Gov wanted to extend larger shop opening times for estimated £1.8billion profit in 10 years. However March 2016, MP conceded that plans to relax Sunday trading were ‘dead in the water’ after 22 Tory Backbenchers teamed up with Labour and SNP.

Question 10

2.1 Structure & Role of House of Commons & Lords

Define the role of Party Whips, and provide 2 examples of MPs defying their Whips.

Answer 10

Party whips are responsible for ensuring that MPs attend parliamentary votes (divisions) and for granting leave of absence is their vote is not essential.

1. Feb 2017: Fifth of Labour MPs defy Corbyn - 1/5 of labour MPs defied Corbyn’s 3-line whip to vote against legislation, granting Theresa May the power to trigger the UK’s exit from the EU. Total of 498 MPs voted to give 2nd reading to short bill allowing for gov. to invoke article 50 despite 114 against this.
2. Winter 2021: Backbench rebellions over Vaccine passports - 99 Conservative MPs rejected plans for vaccine certificate; however they were passed by 369 votes to 126, only with the backing of Labour. Number of rebels far exceeded Johnson’s parliamentary majority of 79 and the 56 MPs needed to trigger the vote of No Confidence.

Question 11

2.1 Structure & Role of House of Commons & Lords

What are the Pros and Cons to PMQ’s?

Answer 11

Pros:
- Allows public judgements to be made about political members in terms of behaviour in PMQs.
- PMQs are central to the UK constitutional theory and practice.
- Ensures the executive is subordinate to the legislative; emphasising democracy
- Creates the opportunity for political awareness; 54% of population have heard of it
- Shows transparency to the electorate and gov needs to be open to ministers; less corruption and allows for scrutiny

Cons:
- Not every question can be heard due to such limited time
- Questions can often be pre-determined by civil servants, reducing legitimacy.
- PMQs seen as a battle ground, PM tries to come out with an untarnished reputation rather than answer questions clearly.
- Public are not satisfied with it, feeling it emphasises the disconnect between politics and citizens, only 12% of spectators said PMQs makes them proud of parliament
- demographically limited; time slot is inconvenient
- quality of the debate is poor, therefore doesn’t do much to ensure public is informed

Question 12

2.1 Structure & Role of House of Commons & Lords

What are the limits to the effectiveness of Parliamentary Debates?

Answer 12

Timing: 5 minutes per issue, can’t reach resolute conclusion

Government majorities: More tory MPs, issues aren’t well balanced, affecting diversity

Power of the Motions: Executive determine the motion, not the opposition. Therefore they are prepared to answer the questions.

Question 13

2.2 The Comparative powers of the House of Commons and Lords

What are the two situations where the Commons have exclusive authority?

Answer 13

1. Only they can give consent to taxation and public expenditure as the Commons represent the taxpayer, the Lords cannot interfere - which is why the Chancellor of the Exchequer is obliged to sit in the Commons.
2. Confidence and supply: a type of informal coalition agreement sometimes used in the event of a hung parliament, where the minority partner agrees to vote with the government on key issues, usually in exchange for policy concessions. Can occur in the event of a minority government, where they rely on a limited agreement with another party to keep itself in office. E.G: June 2017, Conservatives were 8 seats short of a majority, their arrangement with the DUP following the general election was a confidence and supply agreement.

Question 14

2.2 The Comparative powers of the House of Commons and Lords

Which laws and conventions contain the most important legal restrains on the power of the Lords?

Answer 14

Parliament Acts of 1911 and 1949:
Limited the ability of the HoL to delay legislation first to 2 years then to 1 year. The 1911 Act also prevented the Lords from having any influence over financial matters.

1945 Salisbury Convention:
States HoL has no democratic authority to block any proposed legislation for which the government has an electoral mandate (was contained in last manifesto)

Question 15

2.2 The Comparative powers of the House of Commons and Lords

Define a Government Defeat

Answer 15

When the Government fails to persuade a majority of MPs or members of the HoL to support them in a division (vote). Term is usually used to describe occasions where the gov. has been defeated by a whipped vote.

Question 16

2.2 The Comparative powers of the House of Commons and Lords

Define a Whipped vote

Answer 16

In the Westminster parliamentary system, a vote by members of a legislative body where members are strictly required to vote as directed by the leadership of their political party.

Question 17

2.2 The Comparative powers of the House of Commons and Lords

Provide one recent example where the HoL defied the Salisbury Convention

Answer 17

After the 2005 General Election, where they opposed Tony Blair’s proposals for identity cards despite this policy being announced in the Labour Party’s manifesto. They argues the convention no longer applied due to the Government being re-elected on a very low share of the popular vote (35.2%).

Question 18

2.2 The Comparative powers of the House of Commons and Lords

Define parliamentary ping pong and one example of this

Answer 18

Parliamentary ping pong is where a bill goes back and forth between the two houses. One extreme example was the debate between the two houses on the 2005 Prevention of Terrorism Bill, which introduced control orders. Ran on for 30 Hours, the lords wanted the bill to include a ‘sunset clause’; automatically expiring after a year unless further legislation was passed to renew it. In the end the Lords backed down following a compromise, the government promised a review a year later.

Question 19

2.2 The Comparative powers of the House of Commons and Lords

Define the Act that can be used to force a bill through in the case of the Lords maintaining their opposition to the Commons.

Answer 19

The Parliament Act: described as Parliament’s ‘nuclear deterrent’, invoked when MPs and Peers cannot agree on a Bill. Once this happens, the Bill may be passed in the next Parliamentary session without HoL consent under section 2 of the Parliament Act 1911, amended by the parliament act 1949.

Question 20

2.2 The Comparative powers of the House of Commons and Lords

Provide one example of the Government using the Parliament Act

Answer 20

Equalising the age of consent for gay and heterosexual people in 2000

• Blair argued equality should be given to comply with European Human Rights. The age of consent for gay men became an issue due to the lack of inclusion felt by gay people. Jack Straw was a huge advocate for this.
• Criticisms included: Promoting heterosexuality in young people, government feeling that they needed to have control over homosexual conduct to protect younger gay men who were statistically more likely to be sexually abused.

Question 21

2.2 The Comparative powers of the House of Commons and Lords

What are the most important differences in respective powers of the Commons and Lords

Answer 21

Commons:
- Can dismiss government by a vote of no confidence
- Provide final approval for legislation amendments
- Select committee examination of the work of government departments

Lords:
- Delay primary legislation for up to 1 year

Question 22

2.2 The Comparative powers of the House of Commons and Lords

Define primary legislation

Answer 22

The general term used to describe the main laws passed by legislative bodies of the UK

Question 23

2.2 The Comparative powers of the House of Commons and Lords

Define secondary legislations

Answer 23

Laws, regulations and orders mostly made by government ministers, Require parliamentary approval but don’t have to pass through full procedure. Most aren’t discussed in parliament.

Question 24

2.2 The Comparative powers of the House of Commons and Lords

Define delegated legislation

Answer 24

Laws and regulations made by ministers and other public bodies under powers granted by parliament

Question 25

2.2 The Comparative powers of the House of Commons and Lords

Define statutory instrument

Answer 25

A form of legislation only allowing the provisions of an act of parliament to be subsequently brought into force or altered without parliament having to pass a new act

Question 26

2.4 The Ways in Which Parliament Interacts With the Executive

Define the role of select committees

Answer 26

HoC select committees are largely concerned with examining the work of government departments and generally shadow their work. There is one for each government department, examining three main aspects: spending, policies and administration. These departmental committees have a minimum of 11 members, with 350 overall, and they decide upon the line of inquiry and gather written and oral evidence which is then presented to the Commons.

Question 27

2.4 The Ways in Which Parliament Interacts With the Executive

What are the Pros and Cons of Select Committees?

Answer 27

Pros:
- provide one committee scrutinising each whitehall department’s executive actions and implementation process in detail
- attract serious ex-ministers and experts in fields and are less partisan than backbenchers
- have the capability to review major ministerial appointments
- large committees have the ability to draw on institutional structures surrounding them

Cons:
- only work effectively when operating in bipartisan manner
- creating a ‘corporate spirit’ is difficult and biases the topics that committees investigate
- departmental committees mainly operate by calling ‘witnesses’; a weak and old-fashioned form of information gathering, producing lots of claim and counter claim.
- strong evidence of a past lack of diversity of witnesses; women severely underrepresented.
- legislative and select committees are separate, reducing the ability to review legislation by experts