UK - Parliament

Question 1

KEY TERM: Scrutiny

Answer 1

Scrutiny:

The close examination and investigation of government policy and action in the Lords and Commons and their committees.

Question 2

2.2 Comparative powers of the HoC and HoL

Answer 2

Topics include:
Exclusive powers of the Commons.
Exclusive powers of the Lords.
Debates on relative powers of the Houses.

Question 3

Exclusive Powers of the Commons:

The right to insist legislation

Answer 3

The HoL has no veto power over legislation approved by the Commons and can only delay most bills for up to a year, by amending the bill (these can be rejected by the Commons/can lead to PPP).

Question 4

Exclusive Powers of the Commons:

The right to insist legislation

Answer 4

The Parliament Acts of 1911 and 1949 reduced the legislative powers of the Lords through Commons legislation. It means the Commons can bypass the Lords delaying the bill for a year.

Question 5

Exclusive Powers of the Commons:

The right to insist legislation

Answer 5

EX: The Commons has used the Parliament Act to bypass the Lords delay:
The War Crimes Act (1991)
The European Parliamentary Elections Act (1999)
The Sexual Offences Act (amendment) (2000)
The Hunting Act (2004)

NB: The most it was used was under Blair (mainly because he could pass anything he wanted in the HoC with his huge majority, so the Lords was especially tough and the only real way to hold him accountable/scrutinise).

Question 6

Exclusive Powers of the Commons:

Financial Privilege

Answer 6

The HoL cannot delay or amend money bills (taxation or government fund raising) due to Parliament Acts 1911 and 1949.
(Because the Lords are not accountable to the taxpayers).
These bills must be passed by the Lords within a month, otherwise it passes anyway without the Lords’ consent.
(Their role here is ceremonial, and holding the bill for a month is just to show opposition and create political tension).

Question 7

Exclusive Powers of the Commons:

Financial Privilege

Answer 7

The Appropriation Bill (authorises government spending under the law), is passed annually through the Commons. For this the Lords stage is purely ceremonial as they have no power to change it.

Question 8

Exclusive Powers of the Commons:

Financial Privilege

Answer 8

The Commons can claim financial privilege and overrule any amendment from the Lords to legislation that has financial implications (taxation or gov spending).

Question 9

Exclusive Powers of the Commons:

Financial Privilege

Answer 9

EX: The Coalition Gov invoked financial privilege during the final stages of the Welfare Reform Bill 2012, that created Universal Credit.
This caused some peers to complain that ministers were abusing their power.

Question 10

Exclusive Powers of the Commons:

Financial Privilege

Answer 10

EX: The HoC also claimed FP on the Counter-terrorism Act (2008) and the Identity Cards Act (2010).

Question 11

Exclusive Powers of the Commons:

The power to dismiss the executive through confidence and supply

Answer 11

The confidence part: The Commons must have ‘confidence in the government’, giving them a mandate to rule. However, when they don’t, they can trigger a vote of no confidence to remove the government.
Thanks to the FTPA 2011, if it is successful, all ministers (and the PM) must resign and their party has 14 days to form a new government, otherwise there is a snap election.
The Lords have no power or role in this, and cannot hold the gov to account here.

Question 12

Exclusive Powers of the Commons:

The power to dismiss the executive through confidence and supply

Answer 12

EX: The last government to be defeated in a vote of no confidence was James Callaghan’s Labour in 1979 (lost by one vote).
The only successful one before that was in 1924.

Question 13

Exclusive Powers of the Commons:

The power to dismiss the executive through confidence and supply

Answer 13

EX: Theresa May also faced one in 2019, but it was unsuccessful due to effective party whipping and a ‘confidence and supply agreement’ with the DUP (with the gov offering more funding to NI in exchange).

Question 14

Exclusive Powers of the Commons:

The power to dismiss the executive through confidence and supply

Answer 14

The ‘supply’ part: is that if the government fails to pass a ‘supply measure’ (a budget or taxation bill), all members must resign from the government (including the PM).
The Lords have no power or role in this, and cannot hold the gov to account here (due to FP and the Parliament Acts).

Question 15

Exclusive Powers of the Commons:

The reasonable time convention

Answer 15

Due to the Lords being able to delay most bills for up to a year (which they could abuse to stop the effectiveness of the HoC), there is a reasonable time convention that requires them to consider government legislation ‘in a reasonable time’ and aim to vote on it by the end of the parliamentary session.
(This restricts the Lords’ ability to scrutinise the gov further).

Question 16

The main powers of the HoL:

Making laws

Answer 16

This can be done through the committee stage in the HoL, proposing secondary legislation. This brings into force or amends parts of an act from the Commons.
These Statutory Instruments go straight to the Lords and do not require a vote in the Commons first.

Question 17

The main powers of the HoL:

Making laws

Answer 17

EX: Usage of this secondary legislation took place when the Lords voted against two Commons amendments on the Tax Credit Cuts Act 2015. This forced the gov to amend the legislation until the peers accepted it.

Question 18

The main powers of the HoL:

Making laws

Answer 18

With many of the Lords being experts in their fields, they can effectively scrutinise government legislation on issues they know about.
EX: Doreen Lawrence scrutiny on anti-racism issues.

Question 19

The main powers of the HoL:

Making laws

Answer 19

The Lords are also sometimes more likely to stand up for minorities in society than the Commons when scrutinising the gov.
EX: Sticking up for disabled people during the welfare and social security reforms of 1992

Question 20

The main powers of the HoL:

Holding the gov to account (scrutiny)

Answer 20

The HoL has become more assertive in legislation process since the removal of all but 92 hereditary peers in 1999 (due to the House of Lords Act from Blair).
This is considered constitutional reform, and made the Lords more legitimate and democratic (making more of the Lords experts in their fields, rather than aristocracy).

Question 21

The main powers of the HoL:

Holding the gov to account (scrutiny)

Answer 21

EX: Since 1999, the Lords have scrutinised the gov by:

1. Blocking the Sexual Offences Act 2003.
2. Blocking the Hunting Act 2004.

Question 22

The main powers of the HoL:

Holding the gov to account (scrutiny)

Answer 22

The Lords is the best scrutiniser of the gov when they have a large Commons majority, avoiding elective dictatorships.
This is because the Commons will be loyal to the gov and the Lords are free from whips and party control.
EX: This is why the Lords were especially keen to block legislation under Blair.

Question 23

The main powers of the HoL:

Holding the gov to account (scrutiny)

Answer 23

Government defeats are sometimes more common in the Lords than in the Commons.
EX: Blair and Brown were only defeated 7 times in the Commons (due to their huge majorities), but defeated more than 400 times in the Lords.

Question 24

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 24

The Lords can only delay Bills, and suggest amendments which can be overturned by the Commons
EX: In 2017, the Lords tried to add amendments to the passing of Article 50 (Brexit), which was quickly overturned by the Commons.

Question 25

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 25

The Commons can actually vote down legislation from passing all together, the Lords can only propose amendments (which are not guaranteed to pass).

Question 26

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 26

The Commons has the option to do a vote of no confidence on the government.
EX: Last one was in 2019 against May (unsuccessful), last successful one was against Callaghan in 1979.

Question 27

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 27

Commons MPs are more independently minded than in the past, so are less likely to always go with the party line. This makes the Commons more assertive against the government.
EX: Rebellions against the government:
1. 55 Tory MPs rebelled against Boris to introduce tougher COVID restrictions in 2020.
2. 72 Tory MPs rebelled against Thatcher on her Sunday Trading Laws (Shops Bill 1986).

Question 28

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 28

The Commons is democratically legitimate and MPs have the right/mandate to challenge the government as they have been elected by the people. This cannot be said for the Lords.

Question 29

Debates on the relative powers of the Houses

How the Commons is argued to be more powerful:

Answer 29

Committees and PMQs are used to scrutinise the government. This cannot happen in the Lords, as the PM does not appear in that chamber.
EX: Committees: Liaison Committee scrutinising May on the Brexit process in 2017, or Home Office Committee on Amber Rudd scrutinised on Windrush, indirectly leading to her resignation. Even Jacob Rees-Mogg effectively scrutinised David Davis’ Brexit plans even though they are from the same party.
EX: PMQs: Corbyn scrutinising Thatcher on homelessness.

Question 30

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 30

Party control is much weaker in the Lords as they don’t need to be re-elected and so the gov cannot rely on them being loyal

Question 31

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 31

There is more political balance in the Lords - there is not a domination by one party. (There are also many independent Lords that are completely independent from party influence).

Question 32

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 32

There are more expertise and specialist knowledge in the Lords, so bills are potentially better and more effectively scrutinised by experts.

Question 33

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 33

Peers are from a range of backgrounds, so represent many different groups and interests in society - this gives them some legitimacy.

Question 34

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 34

Measures in the Commons such as PMQs (and committees) are ineffective at really scrutinising the gov, so Lords are the best form of scrutiny.
EX: Blair v Mayor - “he follows, I lead” or “weak, weak, weak” or Cameron “calm down dear”.
Committees: Hillary Benn asked May about Brexit in the Liaison Committee. He said “its a very simple question” and she replied, “its a very simple answer”, but didn’t actually answer the question.

Question 35

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 35

The gov tends to dominate the Commons as they have a majority, meaning bills are passed fairly easily for them (elective dictatorship).
EX: Blair and Brown were only ever defeated in the Commons 7 times and over 400 times in the Lords.
(Blair’s first defeat was in 2005).

Question 36

Debates on the relative powers of the Houses

How the Lords is argued to be more powerful in challenging the government:

Answer 36

The House of Lords Act 1999, removed 92 hereditary peers and gave the Lords more legitimacy and political power. This led to the Lords being able to cause more government U-Turns.
EX: The Tax Credit Cuts 2015 (Lords rejects gov amendments and forced them to change it). And, May’s Brexit Deal Drafts 2018 (the Lords kept defeating it and so May had to change it for them).

Question 37

2.3 The Legislative Process

Answer 37

Topics include:

1. Different stages a bill must go through to become a law
2. The interaction between the Commons and the Lords during the legislative process

Question 38

The legislative process

Different stages a bill must go through to become law:

Answer 38

First Reading: The bill is introduced (read out) to Parliament, with no debate or vote.

Question 39

The legislative process

Different stages a bill must go through to become law:

Answer 39

Second Reading: A full debate takes place considering the details of the bill, which can be defeated at this stage.

Question 40

The legislative process

Different stages a bill must go through to become law:

Answer 40

Committee Stage: The bill is considered in detail by a public bill committee (around 18 MPs - usually by committees that concern the bill’s subject matter). Some bills may be considered by the whole chamber (Committee of the Whole House). Amendments can be made at this stage.

Question 41

The legislative process

Different stages a bill must go through to become law:

Answer 41

Report Stage: The Committee reports its findings, and any amendments, to the Commons, who can amend or reverse any changes.

Question 42

The legislative process

Different stages a bill must go through to become law:

Answer 42

Third Reading: This is another full debate of the bill, but no amendments can be made. Usually bills will be passed at this stage.

Question 43

The legislative process

Different stages a bill must go through to become law:

Answer 43

The Second Chamber: Once passed by the Commons, the same process takes place in the Lords (although they have less power in the process, so less needs to be done).

Question 44

The legislative process

Different stages a bill must go through to become law:

Answer 44

Royal Assent: Once passed by both chambers, the bill is given to the monarch to grant it royal assent. Once this happens, the bill becomes a law.

Question 45

The legislative process

Different stages a bill must go through to become law:

Answer 45

The majority of bills are introduced by the government and are known as ‘public bills’. They are almost always successful (but depends on the size of the government’s majority in the Commons).

Question 46

The legislative process

Different stages a bill must go through to become law:

Answer 46

Private Members bills: are another type of bill. These are introduced by backbench MPs or Lords (not ministers). Only a select few will become law, but by creating publicity around an issue, they may affect legislation indirectly by making it known to the public/the government.
EX: The Up-Skirting Bill 2018 or the Benn Act 2019.

Question 47

The legislative process

The interaction between the Commons and the Lords during the legislative process:

Answer 47

Lords are able to propose amendments for consideration by the Commons - the HoC can adapt these amendments or reject them - the Lords can then argue against rejection resulting in ‘parliamentary ping-pong’, with the bill being passed between the chambers many times.
EX: The Prevention of Terrorism Act 2005 was passed between the chambers 5 times each.

Question 48

The legislative process

The interaction between the Commons and the Lords during the legislative process:

Answer 48

The Lords will generally accept bills but can delay them by up to a year
EX: The Sexual Offences Act 2003
The Hunting Act 2004

Question 49

The legislative process

The interaction between the Commons and the Lords during the legislative process:

Answer 49

If there is a division between the two, the HoC will take priority as it is democratically elected.

Question 50

The legislative process

The interaction between the Commons and the Lords during the legislative process:

Answer 50

Exceptions to the Lords interacting with the legislative process:

1. Bills outlined in the government’s manifesto bypass the Lords (due to the Salisbury Convention 1945.
2. Money bills can bypass the Lords (due to the Parliament Acts 1911 and 1949).
3. An exception to money bills however, was when the Lords delayed the Tax Credit Cuts in 2015 (the government accepting this and changing the bill to fit the Lords’ wishes, shows the Lords’ potential political power).

Question 51

2.4 The ways in which Parliament interacts with the executive

Answer 51

Topics include:

1. The role and significance of backbenchers in both Houses (including parliamentary privilege).
2. The work of Select Committees.
3. The role and significance of the opposition.
4. The purpose and nature of ministerial question time

Question 52

The ways in which Parliament interacts with the executive

The role and significance of backbenchers in both Houses (including parliamentary privilege):

Answer 52

Backbenchers have significant roles in Parliament:

1. They can introduce PMBs that can become law (Up-Skirting Bill 2018 and the Benn Act 2019).
2. ‘Ten minute rule bills’ are an opportunity for BBs to voice an opinion on a subject or aspect of existing legislation in a 10 minute speech - this can raise the profile of a particular issue. EX: Richard Graham on creating an offence for Drink Spiking (2022). Or, Mike Freer on legalising gay marriage in 2013.
3. They can carry out scrutiny of government bills and policy through public bill and select committees. EX: Jacob Rees-Mogg scrutinising David Davis on his economic plans for Brexit.
4. They can pose questions of government ministers during question time. EX: Corbyn to Thatcher in 1990 on the homeless.
5. They can examine gov actions through debates in the HoC. EX: Brexit debates, or debate on military action in Syria 2013.
6. They can write questions to ministers, who must provide a response.
7. They can raise concerns of their constituents and bring them to the government’s attention. EX: Richard Graham 2022 on drink spiking did this.
8. They can use parliamentary privilege, which grants legal immunities for MPs and Peers to allow them to perform their duties without interference from outside the House (includes freedom of speech in the House).
9. The Backbench Business Committee (BBBC) get a 10 day period in charge of the parliamentary timetable and tables debates during this time that are often uncomfortable for the government. EX: The Hillsborough disaster debate or debates on Afghanistan.

Question 53

The ways in which Parliament interacts with the executive

The role and significance of backbenchers in both Houses (including parliamentary privilege):

Answer 53

Backbenchers do not have a significant role in Parliament:

1. PMBs very rarely become law, so most of the time of BBs is spent considering government bills (public bills), which they often have no real say over if they are the opposition.
2. Government whips limit the role of BBs in gov scrutiny - limits the independence and significance of MPs from the ruling party. EX: Three line whips.
3. There is limited time to discuss issues in detail during debates, so they have little impact directly on legislation.
4. MPs don’t represent the people well - often elected with less than 50% popular constituency vote, with the views of women and minorities particularly underrepresented in the HoC.
5. Question Time (including PMQs) is often ineffective and weak. EX: Blair v Major (“he follows, I lead/weak, weak, weak”).

Question 54

The ways in which Parliament interacts with the executive

The work of Select Committees:

Answer 54

The Wright Reforms 2010, gave many more powers to select committees including electing their leaders by secret ballot to increase their independence from the House. Also, their chairs receive significant pay and respect.

Question 55

The ways in which Parliament interacts with the executive

The work of Select Committees:

Answer 55

Select Committees effectively scrutinise the executive:

1. They scrutinise gov policies. They carry this out by writing reports and inquiries, doing Q and A sessions (they can call witnesses here) and they can request to see gov papers. EX: Liaison committee on May’s back-up Brexit plan.
2. Secret Ballots mean that the gov has less control over the committees. EX: Julian Lewis becoming the head of Security and Intelligence Committee over Boris’ choice of Chris Grayling (however, Lewis had the whip removed).
3. Parliamentary privilege means no one can be sued for deformation while in seating (freedom of speech for committee members).
4. Committees are usually very bi-partisan. EX: Jacob Rees-Mogg effectively scrutinising David Davis on the Brexit Committee (not bound by party lines and makes effective scrutiny).
5. Can be very effective at scrutinising. EX: Amber Rudd resigning (indirectly) because of the Home Office Committee’s enquiry showing that she had misled parliament during the Windrush Scandal (led by Yvette Cooper from Labour - also showing that committee chairs can be opposition party MPs).
6. Health Committee released a report about protecting whistle-blowers within the NHS which calls for a new programme to be implemented to protect them - this was followed well by the gov and changed gov policy.

Question 56

The ways in which Parliament interacts with the executive

The work of Select Committees:

Answer 56

Select Committees don’t effectively scrutinise the executive:

1. The government has a majority on the committees, reflecting their Commons majority so can dominate them and limit the scrutiny against them.
2. Whips can control individual appointments to the committees, meaning loyal MPs to the gov can be placed on them.
3. They can criticise government policy, but cannot change it.
4. Committee members use them as opportunities for soundbites and media attention. EX: Tom Tugenhadt (Tory MP) to May “friends with benefits” on Brexit in the Liaison Committee.
5. Many people and ministers don’t show up to provide evidence. EX: In the Energy and Climate Change Committee, only 1 of the 6 CEOs of the big 6 companies showed up for evidence.
6. Only 20% of recommendations from select committees are enacted a year.
7. Members rarely speak to each other to leverage evidence and expertise.
8. They have unclear legal powers.
9. They have limited expertise as they can’t appoint external people to provide reports. EX: Environmental Audit committee released a report against gov plans to increase fracking, which led to nothing and no government policy.

Question 57

The ways in which Parliament interacts with the executive

Role and significance of the opposition:

Answer 57

They are significant:

1. They are given privileges at debates, for example during PMQs, opposition leaders can ask the PM more questions.
2. ‘Opposition Days’: the opposition parties can choose the agenda for 20 days in a session, and often use them to criticise and scrutinise the gov policy and actions.

Question 58

The ways in which Parliament interacts with the executive

Role and significance of the opposition:

Answer 58

They are not significant:

1. They have no ability to initiate legislation.
2. Government usually has an overall majority in the HoC, giving them dominance over the Commons.
3. They have a lack of resources relative to the government (e.g., the civil service).
4. The Opposition Party is often in a position of weakness and may be divided as they have lost an election (Labour after the 2019 election).

Question 59

The ways in which Parliament interacts with the executive

The purpose and nature of ministerial question time:

Answer 59

The two forms of this are:
PMQs (every Wednesday)
Urgent Questions (at the will of the Speaker - Bercow allowed many more to be asked than is convention).

Question 60

The ways in which Parliament interacts with the executive

The purpose and nature of ministerial question time:

Answer 60

Questions are effective because:
1. The PM or Minister must answer questions on subjects which they are not aware of and must justify and explain their actions - this effectively holds them to account.
2. During PMQs, the opposition leader can ask supplementary questions, allowing them more opportunity to scrutinise the PM.
EX: Corbyn v Thatcher 1990 (effective scrutiny of PM on the homeless)
EX: Starmer v Johnson 2021 (Johnson refused to answer the question and lied to Parliament, which got the electoral commission involved).

Question 61

The ways in which Parliament interacts with the executive

The purpose and nature of ministerial question time:

Answer 61

Questions are ineffective because:

1. Questions are often not properly answered by the PM/Ministers. EX: Boris and Starmer on ‘Cash for Curtains’.
2. It is often described as an example of ‘Punch and Judy’ style politics where the PM and Opposition leader try to embarrass each other and score cheap political points and grandstand, instead of meaningful scrutiny. EX: Boris to Starmer: “He is a lawyer, not a leader” or his Jimmy Saville comment.
3. The manic and ineffective nature of questions, esp PMQs damages the reputation of Parliament and Politics in the eyes of the public.

Question 62

What is important about the Voyeurism offences act?

Answer 62

It was a PMB that was struck out by Christopher Chope, but then picked up by the gov due to public support (May gov).

Question 63

What is important about the Nationalism and Borders Bill?

Answer 63

Priti Patel added 14 pages of secondary leg, and the Lords rejected it (PPP)

Question 64

Lords being effective at scrutiny:

Answer 64

Shami Chackribati publicly scrutinised the Police Crime and Sentencing Act 2021 as a former leader of Liberty PG.