Uk Government: Parliament

Question 1

How are members of the House of Commons selected

Answer 1

MP’s are elected by the
voters.
First past the post, single
member constituencies.

Most MP’s represent political parties, with a few exceptions, Lady Hermon in North Down, NI, the Independent Group and members that have either been suspended from their parties or resigned the party whip.

Government are the largest party, opposition, the second largest.

Question 2

How are members of the House of Lords selected

Answer 2

Members either appointed as Life Peers, Lords Spiritual (Bishops of the Church of England) or are hereditary peers.

Question 3

What is the structure of the House of Lords

Answer 3

About 809 members. Not fixed.

Appointed for life (Life Peers).

Mixture of party members – Government and Opposition are
mirrored in the Lords, ‘crossbenchers’ – who do not sit with parties, 26 Archbishops and Bishops of the C of E and 92 elected ‘hereditary’ peers.

The Queen performs the state opening of Parliament here.

Can delay bills from becoming law, but cannot prevent bills from
becoming law.

‘Salisbury Convention’. Will not block Commons bills if they were in the Govt’s manifesto.

Question 4

What is the structure of the House of Commons

Answer 4

650 elected members (reviewed from time to time).

Elections must be held every 5 years.

Members represent parties and the Prime Minister and cabinet are usually members (although Lords CAN serve in cabinet too).

Source of all primary legislation and Acts of Parliament.

Can override the Lords in cases of disagreement.

Sovereign power.

Question 5

What are the 8 functions of Parliament

Answer 5

Debating major issues

Making law (Legislation)

Scrutinising the executive

Providing ministers

Sustaining government

Representation

Financial scrutiny

Redress of grievances

Question 6

Why is debating major issues an important function of Parliament

Answer 6

Parliament is the place where people expect issues
of major importance to be discussed. For example, the House of Commons held debates before triggering Article 50.

Parliament becomes the focus of the nation’s
attention on these occasions.

If a crisis emerges during a parliamentary recess, it
is not unusual for members to demand that Parliament be recalled in order for the issue to be discussed.Parliament was recalled in 2016 to pay tribute to the murdered MP, Jo Cox.

Question 7

Why is making laws an important function of Parliament

Answer 7

House of commons has powers to give consent to taxation which the Lord cannot influence

Legislation is initiated by government and limited opportunity for backbench and opposition MPs to propose legislation. Parliament rarely able to defeat or significantly amended legislation, To succeed it requires solid opposition combined with rebels from the government side

Party whips ensure that MPs attend Parliamentary votes and for gathering leave of absence if vote is not necessary. They issue MPs with instructions to attend, indicating how important it is for an MP to be present most important votes are on the line 3 times leading to a three line whip. Whips may offer the perspective of ministerial positions but can impose sanctions for not accepting the party line.

All government legislation must pass through what can be a
lengthy process in both the House of Commons and House of
Lords before it becomes law.

This gives members an opportunity to debate the principles of
the bill before them as well as the detail of the legislation.

There is also the opportunity for MPs to table amendments to
the legislation in order to get concessions from the government.

Delegated legislation (where ministers sometimes have special 
powers to direct orders on the approval of the Queen) does not 
have to pass through a rigorous procedure, but orders still have 
to be laid before MPs.

Question 8

How can the government use the argument of overriding necessity to push through legislation

Answer 8

The 2005 prevention of terrorism act which introduced control orders for individuals suspected of terrorism offences completed all of its stages in just 18 days

Question 9

Why is parliamentary scrutiny an important function of Parliament

Answer 9

This is perhaps the most important function of
Parliament, especially at a time when the government
has a great deal of power.

Parliament scrutinises government in a number of ways:

Questions to Ministers & Prime Minister’s Question Time (Every Wednesday)

Debates - can be an impulsive set piece event on a certain issue for example Camerons proposal to take military action in Syria. The creation of the backbench business committee has given MPs more power over the agenda by allowing them to choose the topic of debate a day a week. Debate in the Lords are given higher quality credits

Select Committees - which shadow individual government departments in the commons

Opposition Days, where the opposition gets to set the
agenda

Question 10

Why is providing ministers an important function of Parliament

Answer 10

The convention of having ministers that are from one of the two houses

Parliament act as a recruiting ground for future ministers, with the whips making recommendation to the Prime Minister on suitable candidates for promotion.

The award of a peerage can on occurrence be used to secure the services of a particular individual as a minister if a person is not an MP

Question 11

Why is representing the electorate an important function of Parliament

Answer 11

The commons is the elected house of Parliament representing the people while the Lord’s is representative of a wide range of professional backgrounds.

The Lord is not dominated by a single party like the commons. The Lord’s does not reflect the composition of wider UK society with more than half of its members over the age of 70, 3/4 are male and only around 5% of ethnic minorities

The Commons has a representative function as MPs are not delegates but use their judgement on how to vote rather than take instructions from the electorate. The first past the post system allows for strong links between MPs and constituencies. MPs are expected to respond to issues raised by individual constituents and stand up for the local interest at Westminster (119 MPs voted against Heathrow 3 in 2018 representing constituencies that would be affected by the plans)

Question 12

How effectively does Parliament perform its representative function

Answer 12

MPs loyal to their party, reinforced by the desire to win promotion to the government may come in Conflict with the needs to represent a constituency. The ministerial code regulate the conduct of ministers, advises them to take care to avoid conflict of interest but they are allowed to make representations to colleagues in government as long as they make it clear that they are acting as the constituents representative and not a minister.

Question 13

Why is sustaining government an important function of Parliament

Answer 13

The UK has a system of parliamentary government, so, as well as holding the government to account,
Parliament should also ensure that the government can actually govern.

This is usually achieved by the governing party having a majority of seats in the House of Commons.

If this is not possible, a coalition between parties may be formed or the largest party might seek support in key votes from a smaller party – confidence and supply.

This has been the case since June 2017. The DUP have agreed to lend the minority Conservative government their support in key votes.

Question 14

Why is financial scrutiny an important function of Parliament

Answer 14

A key function of the House of Commons is the
scrutiny of public spending.

There is an annual Finance Bill, otherwise known as the Budget, which has to be passed in order for taxation and spending to continue. The Lords can debate the budget, but cannot interfere with it.

The Chancellor also updates the House mid-way through the financial year in the Spring statement.

In addition, there are a number of parliamentary select committees that oversee matters such as government spending.

In this way, Parliament can be said to have on-going control of public finances.

Question 15

Why is redress for grievances an important function of Parliament

Answer 15

Historically, one of the earliest purposes of the
Commons was for people to obtain redress for
problems and grievances.

Centuries later, citizens can still go to Parliament and lobby their MP about a particular issue that concerns them.

Some MPs take up such causes and can either try to persuade government to change the law or attempt to change the law themselves using the procedure of private members’ legislation.
(We will cover this in more detail next lesson).

Question 16

What are the roles of MPs

Answer 16

Representing their constituents

Serving constituents

Voting on legislation

Debates

Committee work

Private members’ bills

Executive scrutiny

Question 17

What are the main roles of the House of Lords

Answer 17

Making laws

In-depth consideration of public policy

Holding government to account

Question 18

How does the House of Lords help make laws

Answer 18

Members spend almost half of the time in the
House considering bills (draft laws).

All bills have to be considered by both Houses of Parliament before they can become law.

During several stages, members examine each bill, line-by-line, before it becomes an Act of Parliament (actual law).

Many of these bills affect our everyday lives, covering areas such as welfare, health and education.

Question 19

How does the House of Lords help with in-depth consideration of public policy

Answer 19

Members use their extensive individual experience
to investigate public policy.

Much of this work is done in special Lords select committees - small groups appointed to consider specific policy areas.

In the 2013-14 session, House of Lords select committees produced 31 reports on subjects including economic affairs, European Union powers and advances in science.

Many select committee meetings involve questioning expert witnesses working in the field which is the subject of the inquiry. These meetings are open to the public.

Question 20

How does the House of Lords help with holding the government to account

Answer 20

Members of the H of L scrutinise the work of the
government during question time and debates in the chamber, where government ministers must respond.

In the 2013-14 session, members held the government to account with 7,559 oral and written questions and 247 debates on issues ranging from child poverty to immigration.

The public is welcome to visit and sit in the galleries overlooking the chamber during business.

Question 21

What are the reforms that have been established for the House of Lords

Answer 21

The black government moved to cut the number of hereditary peers down to 92 as part of a reform bill introduced in 1999

As part of the coalition contract between the conservatives and Liberal Democrats they agreed to be mainly elected House of Lords by proportional representation but this was never established as 91 Conservative MPs rebelled against it.

The House of Lords reform act 2014 allowed members to resign from the house, previously there were no mechanisms for this. It also allowed for the exclusion of any peers convicted of criminal offences and sentenced to imprisonment of more than one year

House of Lords expel and suspension act 2015 authorised the house to expel or suspend members.

Question 22

How has the House of Lords been restrained

Answer 22

Important legal restraints are provided by the Parliamentary act of 1911 and 1949.

1911 Parliamentary act refers to the house of lords breaking convention to not interfere with matters of taxation. So the Parliamentary act of 1911 said the Lord’s have no right to delay money bills and its power to veto non-financial bills was to be replaced with a power to delay lasting to Parliamentary sessions

The 1949 Parliamentary act allowed non-financial bills to be vetoed forone Parliamentary session

The Salisbury convention states that the House of Lords would not block or delay any legislation included in the government manifesto that allowed them to win the general election

Question 23

What are the lords powers now

Answer 23

It acts mainly as a revising chamber, proposing amendments to government legislation, which it is up to up to the government to decide whether to accept or reject

Can delay non-financial legislation for a year

the lords power to veto is only if the the government attempted to prolong the life of parliament beyond the 5 years they have the power to force a general election

Question 24

In what way has the Lord’s become more important

Answer 24

The removal of hereditary peers in 1999 meant that upper house was now dominated by life peers who had mostly been appointed for services in different walks of life. This increase the Lord’s sense of legitimacy. Life peers are also more likely to play a regular part in the work of the house while hereditary peers rarely appeared at West Minister

Most hereditary peers was traditionally Conservative so their departure meant the Conservative party cannot dominate the lords. Meaning that they have had to carefully manage the House of Lords

Crossbench peers play an important role in holding the government to account. As a neutral figures they are likely to assessable on its merits and decide logically whether to support or pose the government.

Question 25

How has the commons maintained its supremacy

Answer 25

Many amendments in the Lords are supported by the government itself on occasions when it notices flaws in its own legislation that clashes do occur using its majority to overturn the Lord’s amendment

A bill can go back and forth between the two houses known as Parliamentary ping-pong and extreme example of this is the 2005 prevention of terrorism bill where the Lord’s wanted the sunset clause which meant it would automatically expire after a year unless renewed

They can use the Parliamentary act to push the bill through for example with the equalising the age of consent for gay and homosexual people or banning hunting with dogs

Question 26

What are the evidence to suggest that backbench MPs are playing an increasing role within Parliament

Answer 26

The creation of the back bench committee in 2010

A rise in the number of backbench rebellion against government measures

And increase the use of urgent questions

Question 27

What is the backbench committee of 2010

Answer 27

Which is allowed to choose the topics for debate on 35 days of each Parliamentary session

Some subjects are in response to E petitions signed by members of the public with more than hundred thousand signatures

Question 28

What is an urgent question

Answer 28

Advice that, subject to the approval of the Speaker of the house allows an MP to raise an important matter requiring an immediate answer from a government minister

The number of urgent questions have increased

Question 29

What are limits on the influence of backbenchers

Answer 29

MPs can use various methods to draw attention to issues in which they are interested but this does not mean they will succeed in getting any action - an adjournment debate, After the official business of the house is over is an opportunity to raise issues and ministers will reply.

Public bill committee is give MPs an opportunity to propose amendments to legislation and each clause of a bill is scrutinised. The government has a majority on these committees and often will use its position to introduce its own amendments

The power of patronage and ties to party loyalty reinforced by the party whips remain an important factor

Question 30

What are select committees

Answer 30

They scrutinise the policy, administration and spending of each government department

Each department will select committee consists of a minimum of 11 backbench MPs. Their composition reflects the balance of party strength in the House of Commons

Chairs of select committees are now elected by their fellow MPs rather than chosen by party whips therefore increasing their independence

Question 31

What are the three non-departmental select committees

Answer 31

In the public accounts committee examines government expenditure, seeking to ensure that value for money is being obtained

The liaison committee, consists of the chairs of all the select committees, questions the Prime Minister twice a year across the whole field of government policy

The committee on standards oversees the work of the Parliamentary commissioners on standards, an official who is in charge of regulating MPs conduct including finances

Question 32

What is the importance of committees

Answer 32

Their work is respected because it is an evidence-based, hearings are televised and reported in the media increasing their influence

Long serving members can accumulate more knowledge of a particular policy area than a minister who may stay in the government department for only two or three years. Some experienced chairs of select committees haveBecome considerable public figures

Select committees have a direct influence on government policy

Question 33

How are select committees not influential

Answer 33

The majority of select committee members will be drawn from the governing party and there is a tradition that MPs from the government side chair the influential Treasury, foreign affairs and defence committee

The government accepts an estimated 40% of select committee recommendations but really changes major points

There is a high turnover rate of membership of committees and some MPs do not attend regularly

Question 34

What is the role and significance of the opposition

Answer 34

Her majesties opposition has the job of scrutinising the government program after the annual Queen speech and replies to the Chancellor of the Exchequer on the budget

Opposition party has 20 days allocated to propose subject of debate of which 17 are at the disposal of the leader of the opposition and three for smaller parties

Question 35

How does a bill start off as an idea

Answer 35

Green paper – this is a proposal for a new law.

Members of the public, pressure groups and anybody that is interested are invited to give their views.

If the government think that the idea has enough valid support, it is written up properly as a ‘green paper’ for a study as to how the
idea would work out in practise.

Question 36

What is the first reading

Answer 36

First reading is the first stage of a Bill’s passage through the House of Commons - usually a formality, it takes place without debate.

First reading of a Bill can take place at any time in a
parliamentary session.

The short title of the Bill is read out and is followed by an order for the Bill to be printed.

What happens after first reading?

The Bill is published as a House of Commons paper for the first time.
The next stage is second reading, the first opportunity for MPs to debate the general principles and themes of the Bill.

Question 37

What is the second reading

Answer 37

Second reading is the first opportunity for MPs to debate the main principles of the Bill.

It usually takes place no sooner than two weekends after first reading.

The Government minister, spokesperson or MP responsible for the Bill opens the second reading debate.

The official Opposition spokesperson responds with their views on the Bill.

The debate continues with other Opposition parties and backbench MPs giving their opinions.

At the end of the debate, the Commons decides whether the Bill should be given its second reading by voting, meaning it can proceed to the next stage.

It is possible for a Bill to have a second reading with no debate - as long as MPs agree to its progress.

What happens after second reading?

Once second reading is complete the Bill proceeds to committee stage -where each clause (part) and any amendments (proposals for change) to the Bill may be debated.

Question 38

What happens at the committee stage

Answer 38

Committee stage is where detailed examination of the Bill takes place. It usually starts within a couple of weeks of a Bill’s second reading, although this is not guaranteed.

Government Bills are usually formally timetabled after they have received a second reading.

Most Bills are dealt with in a Public Bill Committee.

If the Bill starts in the Commons the committee is able to take evidence from experts and interest groups from outside Parliament.

Amendments (proposals for change) for discussion are selected by the chairman of the committee and only members of the committee can vote on amendments during committee stage.

Amendments proposed by MPs to the Bill will be published daily and reprinted as a marshalled list of amendments for each day the committee discusses the Bill.

Every clause in the Bill is agreed to, changed or removed from the Bill, although this may happen (particularly under a programme order) without debate.

A minority of Bills are dealt with by a Committee of the Whole House (takes place on the floor of the House of Commons), with every MP able to take part.

Bills fast tracked through the House of Commons will receive less consideration. Consolidated Fund Bills do not have a committee stage at all.

Question 39

What happens at the report stage

Answer 39

If the Bill has been amended, the Bill is reprinted before its next stage.

Report stage gives MPs an opportunity, on the floor of the House, to consider further amendments (proposals for change) to a Bill which has been examined in committee.

There is no set time period between the end of committee stage and the start of the report stage.

All MPs may speak and vote - for lengthy or complex Bills the debates may be spread over several days.

All MPs can suggest other amendments to the Bill or new clauses (parts) they think should be added.

Report stage is normally followed immediately by debate
on the Bill’s third reading.

Question 40

Hat happens at the third reading

Answer 40

Third reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day.

Debate on the Bill is usually short, and limited to what is actually in the Bill, rather than, as at second reading, what might have been
included.

Amendments (proposals for change) cannot be made to a Bill at
third reading in the Commons.

At the end of the debate, the House decides (votes on) whether to approve the third reading of the Bill.

If the Bill started in the Commons it goes to the House of Lords for its first reading.

If the Bill started in the Lords it returns to the House of Lords for
consideration of any amendments the Commons has made.