Unit 5 - The Legislature

Question 1

Prior to the 2010 general election, what event caused the destruction of the reputation of many MPs?

Answer 1

The expose by the Daily Telegraph showed that many MPs had abused their expenses scheme and a handful may have been guilty of criminal deception.

Question 2

Does the membership of the House of Commons reflect the electorate?

Answer 2

No – only 29% are women; only 6% come from ethnic minorities and a significant number have been privately educated.

Question 3

Who determines the pay of MPs and agrees their expenses?

Answer 3

Both the pay and expenses are determined by the Independent Parliamentary Standards Authority.

Question 4

Your local MP has voted against the whip. What does that mean and what may be the consequences?

Answer 4

The MP will have voted against the instructions of his/her party. The whips are MPs from each party whose duty it is to instruct MPs from that party on which way to vote. The consequences for the MP will depend on whether it was a three-line whip or not, the number of rebels and previous misdemeanours. A meeting with the whips is likely as is a meeting with local party officials. The ultimate punishment is to have the whip withdrawn
– expelled from the party in parliament but still remaining an MP (but an independent one).

Question 5

What is the definition of legislature?

Answer 5

The body who makes the laws.

Question 6

What is our legislature?

Answer 6

The Houses of Parliament - bicameral system, consists of House of Commons and House of Lords.

Question 7

How many members are there in the House of Commons?

Answer 7

650 elected MPs.

Question 8

Explain parliamentary privilege.

Answer 8

The key privilege is guaranteed freedom of expression in both houses without risk of being prosecuted for defamation.
Rights under parliamentary privilege:
- freedom of speech in both houses
- freedom from arrest for members and their staff within the precincts of the house
- right to suspend, disqualify, or punish its own members
- right to regulate their own meetings
- power to punish for the breach of privilege or contempt

Question 9

When does the House of Commons sit?

Answer 9

• Monday and Tuesday in the afternoon and evening
• Wednesday and Thursday from mid-morning to early evening
• Friday is private members’ business in the morning and early afternoon

Occasionally long sittings which go through the night.

Question 10

How many members does the House of Commons fit?

Answer 10

427.

Question 11

What is Hansard?

Answer 11

Official record of the proceedings of both houses of parliament and their committees. Practically verbatim, published each morning and has absolute privilege.

Question 12

How is the Speaker of the House elected?

Answer 12

Elected by MPs from MPs. Candidates proposed by MPs, three of whom come from different parties to that of the candidate. MPs vote and if no candidate gets 50% of vote, bottom drops out and voting repeats until someone has absolute majority. Tradition of ‘dragging the Speaker.’

Question 13

What does the Speaker of the House receive?

Answer 13

Official salary and residence in the Palace of Westminster.

Question 14

What happens once the Speaker is elected?

Answer 14

S/he is to remain politically impartial, resigning from party.

Question 15

What does the Speaker do during general elections?

Answer 15

Stands as ‘Speaker seeking re-election.’ No major parties put up candidate in opposition.

Question 16

Outline the role of the Speaker.

Answer 16

• keeps rule on unparliamentary language
• calls on speakers to take part in debates or ask questions
• rules on procedure
• certifies money bills
• signs writs for by-elections
• issues warrants for contempt
• oversees running of the House of Commons
• represents House of Commons

Question 17

Who is the Leader of the House?

Answer 17

Appointed by the PM and member of cabinet.

Question 18

What are the roles of the Leader of the House?

Answer 18

• controls timetable of House of Commons in accordance with needs of government
• liaises with Opposition on running of the House of Commons
• may deputise PM at question time

Question 19

How is party discipline obtained?

Answer 19

Through whips.

Question 20

Give the definitions of the word ‘whip’.

Answer 20

1. party officials who act as a link between the front and back bench and instruct backbenchers on how to vote
2. document sent to MPs by their whip indicating timetable for the week and relative importance importance of attending to vote. Three-line whip strongest instruction.
3. Membership of a party - ‘withdrawing the whip’ means expelling an MP from a party.

Question 21

What is pairing?

Answer 21

Convention between government and opposing whip that equal numbers of MPs from both sides are absent from a vote.

Question 22

What are party group meetings?

Answer 22

Meetings to discuss policy and voting behaviour.

Question 23

List some party committees.

Answer 23

• 1922 Committee (Conservatives)
• Parliamentary Labour Party
• Liberal Democrat Parliamentary Party

Question 24

What are the punishments for disobeying whips?

Answer 24

• disciplinary meeting before whips
• no promotion to junior ministerial post due to disloyalty
• not being reselected as party candidate in next election
• having whip withdrawn

Question 25

Define what is meant by the term backbencher.

Answer 25

A backbencher is any MP who does not hold a ministerial post, nor is a member of the shadow cabinet. Of the 650 MPs about 500 are backbenchers.

Question 26

List the four main roles of a backbencher.

Answer 26

Legislation, debating government policy, holding the government to account, helping constituents.

Question 27

List and briefly explain the stages that a government bill will follow to become a law.

Answer 27

Initial white paper/green paper; first reading – formality; second reading – debate on principles; committee stage – detailed consideration and amendment; report stage – consideration of amendments; third reading – formality; House of Lords – similar process; exchange of messages to get agreement; royal assent – formality.

Question 28

Your local MP has issued a press release stating she is to introduce a private member’s bill. What does this mean? What questions would you wish to ask her?

Answer 28

The MP is going to introduce a bill. Questions: substance of the bill; method by which she wishes to introduce it; does she have support from other MPs; does she have support from the government; the only method with any chance is the ballot method and even then there is little chance of success so why is she doing it?

Question 29

Is an individual backbencher likely to be able to influence government legislation?

Answer 29

Individually no, unless the MP is a member of the public bill committee. Collectively, as part of a backbench revolt, particularly at report stage, there is a chance.

Question 30

Outline the types of bills that may be passed in Parliament.

Answer 30

• Public Bills - alters laws of the land
• Private Bills - affects local authorities or specific people
• Hybrid Bills - mix of above two, affects general public but significant impact for specific individuals
• Private Member’s Bill - introduced by backbencher

Question 31

Which bill is NOT passed by both houses?

Answer 31

Finance bills.

Question 32

What are the three methods that backbenchers can use to introduce bills?

Answer 32

1. The Ballot
2. Ten Minute Rule.
3. Ordinary Presentation.

Question 33

Outline the Ballot and when it takes place.

Answer 33

When: Twelve Fridays - early morning to early afternoon.

Process:

1. MP enters ballot to be allocated slot to introduce Bill
2. if successful, MP must get bill drafted.
3. MP introduces bill on allocated Friday morning.
4. If successfully introduced, goes to Public Bill Committee.
5. Reporting Stage and Third Reading Stage take place on further Fridays.
6. Bill must then pass through House of Lords.
7. All legislative stages must be completed in one session.

Question 34

What are the requirements for a bill to be successfully introduced during the Ballot method?

Answer 34

1. Requires early slot as there is a number of bills introduced on the same day.
2. Must have support of 100 members.
3. If government opposes, bill is as good as dead.
4. Speaker must put it to vote by 2:30pm.

Question 35

Outline the Ten Minute Rule and when it takes place.

Answer 35

When: after question time on Tuesdays and Wednesdays.

Process:

1. MP must give 15 days’ notice to Public Bill Office.
2. If successful, must get bill drafted.
3. MP introduces bill on allotted day.
4. 10 minutes permitted to talk in support of or against bill. Then vote to introduce.
5. Even if house votes in favour, no further time is likely to be given for bill to progress further.

Question 36

Outline the Ordinary Presentation method and when it takes place.

Answer 36

When: Friday afternoon after balloted bills.

Process:

1. MP gives notice at Public Bill Office.
2. MP presents bill at allotted time.
3. Unlikely be to discussed or even debated.

Question 37

Why do MPs bother with the Ten Minute Rule and Ordinary Presentation when bills are unlikely to succeed?

Answer 37

Publicity.

Question 38

What is an Early Day Motion?

Answer 38

NOT a way to introduce a bill, but a way to gain publicity. MP puts down early day motion (other MPs may sign) and often gets good media attention.

Question 39

What is delegated legislation?

Answer 39

Also known as secondary legislation. Laws that can be made by others, including ministers, local authorities, or statutory bodies. If the latter two, they are known as ‘bylaws.’

Question 40

What must there be in order to pass delegated legislation?

Answer 40

Enabling Act of Parliament (primary legislation).

Question 41

What are the two main methods of delegated legislation for ministers?

Answer 41

Orders in Council and Statutory Instruments, Rules and Order.

Question 42

Outline Orders in Council.

Answer 42

Mainly used for emergency legislation when a bill needs to be passed rapidly. Minister drafts the law (order) and the Queen ratifies the law in the Privy Council, making it law. No secondary readings, etc.

Question 43

What is the Privy Council?

Answer 43

Comprises all cabinet ministers past and present, all British ambassadors, and others. Over 500 members.

Question 44

What is the title for members of the Privy Council?

Answer 44

The Right Honourable.

Question 45

When does the Privy Council meet in full?

Answer 45

Upon the death of a monarch.

Question 46

What is the role of the Privy Council?

Answer 46

• passes Orders in Council for which a quorum of only two or three cabinet ministers is required.
• acts as highest court of appeal for some Commonwealth countries and Crown Dependencies.
• grants royal charters to boroughs.

Question 47

Outline Statutory Instrument, Rule, or Order and the reasons for it.

Answer 47

Primary Act of Parliament is the skeleton of the law, whilst detail is fleshed out by delegated legislation. The reason for this is that 1. there is no time for parliament to pass detailed legislation, and 2. it facilitates the updating of laws.

• MP drafts the bill (order)
• order is laid out before parliament and usually, following a short debate or consideration, parliament is required to agree the law.

Question 48

List the four ways by which backbenchers may hold the government to account.

Answer 48

Question time; adjournment debate; urgent debate; membership of select committees.

Question 49

What is question time and when does it occur?

Answer 49

Question time is when backbenchers and opposition spokespersons can question the prime minister and ministers. PMQs takes place on Wednesday (12.00-12.30); departmental questions take place on four days per week when departments and their ministers answer questions on a rota basis.

Question 50

How effective is question time at holding the government to account?

Answer 50

They are events of high political drama. There is debate as to how effective they are in obtaining real information and holding the executive to account. Some believe that the noise, cheap jibes and often manufactured anger debase the political debate. MPs sometimes use question time to catch out ministers, rather than glean information; backbench MPs from the minister’s party may ask supportive or even planted questions. Ministers have the initiative and can always give a non-committal answer.

Question 51

Rather than question time, what may be a more effective way of holding the government to account?

Answer 51

Select committees (public accounts and departmental) may be much more thorough checks. They are all-party committees of backbenchers who can summon and question witnesses (ministers, civil servants and members of the public) and then produce in-depth reports.

Question 52

How important is constituency work? What is usually involved?

Answer 52

All MPs are expected to carry out constituency work for all their constituents – not only those who voted for the MP. Examples of what they do are: holding constituency surgeries; answering letters; supporting and advising constituents; taking up issues with ministers, local government or employers, commenting on any major local development.

Question 53

List the main groups that sit in the House of Lords. What do they all have in common, in relation to how they came to become members of the upper chamber?

Answer 53

There are two groups – lords temporal (92 hereditary elected peers and over 640 life peers) and lords spiritual (26 senior bishops of the Church of England). They all share the fact that none of them were elected by the electorate (the hereditary peers were elected by their party colleagues).

Question 54

Outline the main roles of the House of Lords.

Answer 54

The House of Lords has three roles. Legislative – passing laws (house is predominantly an amending chamber; ultimate power is power of delay). Deliberative – debating government policy (here the expertise of the members is of great importance). Constitutional – ensuring that legislation is neither unconstitutional nor against the will of the people (here the fact that they are unelected and therefore not beholden to party whips and are in the House of Lords for life is an advantage!).

Question 55

Identify the main grounds on which the House of Lords may be criticised.

Answer 55

Composition – unelected; privileged position of the Church of England; age of the members. Powers – it is unjustifiable that an unelected body can delay for up to a year the proposed legislation of an elected government.