✅ Parliament structure

act=

when a bill is agreed by both the HOC + L, it is given royal assent by the monarch, it then becomes an act of parliament + part of UK law

ammendments=

the name for any changes made to a bill by the HOC/L before it becomes an act of parliament

backbencher=

MPs/ members of HOL who aren’t govt ministers or shadow ministers, they play an important role during debates by checking + challenging ministers w lots of questions

bill=

an idea for a new law/ suggested changes to a law we already have, a bill is debated in both the HOC+L, not all bills become law

Cabinet=

part of the govt, the MP chooses people from from the govt party to join the cab to run diff department, these people can be MPs or members of the HOL

chamber=

the HOC+L each have a chamber, these are the rooms where they meet, debate + make decisions, the commons chamber has green benches + the lords has red

devolution=

when some powers were transferred from the UK parl. To the N.I assembly, Scottish parl. + the sender Cymru/ Welsh Parliament

division=

another word for a vote in UK parl., members divide into one of two lobbies on either side of each chamber to show they are voting for or against issues

evidence=

select committees usually launch each new inquiry into a topic by asking the public for evidence, this is an opportunity for anyone w an interest in the topic, or relevant experience, to share in their views, this evidence helps shape the committees’ final reports to the govt

hansard=

the full written report of what’s said in UK parl. Which is published online daily

legislation=

the process of making laws, or a set of laws

member of the Lords=

most members are appointed for their experience + expertise, they use this experience to scrutinise the work of the govt, examine bills + investigate public policy through committees

ministers=

MPs + members of the lords who are appointed by the PM + given a specific policy area to oversee, opposite parties shadow ministers to check + challenge govt ministers

ping-pong=

when a bill goes back + forth between the HOC+L for some time as amendments are made

referendum=

a public vote on a particular issue + is used to gauge public opinion, while the govt doesn’t have to implement the result, they usually do it as it represents the view of the majority of those who voted

select committee=

small groups of MPs or Lords set up to look into specific issues through inquiries, experts + the public may submit evidence to share their views + experiences

background summary of parl.

• The word parliament comes from the French word parler (to speak)

• Parliament therefore debates potential new laws, + votes on whether they should become law

• This is the process of legislation (so parliament is called the legislature)

• Parliaments other key role is to carry out scrutiny on the govt (executive)- examining + challenging their performance

Executive branch =

the part of govt with authority + responsibility for the daily administration (running) of the state, it must get parliaments approval for new laws, and face their scrutiny of these- and their running of the country

what the judiciary does?

interprets/ applies the law, making sure everyone - including the govt- is following the law of the land set out by parliament

govt : running the country:

• It's in charge of managing the country + deciding how our taxes are spent

• Diff govt departments have responsibilities for separate areas of business, e.g. the department of health or of transport

• Led by the PM, who selects a team of MPs + members of the HOL to help run the country

• All other MPs + members of the HOL carry out the work of parliament

parl.s role of legislation:

• Parliament doesn't get into the business of running the country, but it's responsible for approving + changing the country's laws (legislation)

• Most new laws presented to parliament are suggested by the govt

• To pass a new law both the HOC + HOL must agree it's a good idea

Parliaments role of scrutiny

• MPs are also responsible for keeping an eye on the work of the govt, to make sure it's doing a good job

• E.g. members of both the commons + lords will look at how the govt is spending the money it receives from people's taxes, this is often done thru Qs either written or oral (in HOC)

• Sitting on a select committee is another important way of scrutinizing the govt

Functions besides the main 2 carried out by parliament

• Representation

• Debate

• Legitimisation

The two house system (bicameralism)

• Parliament is made up of 2 houses: HOC + HOL

• The commons (the lower house) is where new laws are discussed + formulated; they also discuss the big current political issues

• The lords (the upper house) reviews legislation put forward by the commons + can reject (tho not permanently), suggest amendments to the bill, or vote in favour of it

How become a MP (commons)

• Stand as a candidate at a general or by-election

• Be 18+

• Not be a member of the police, armed forces, judiciary, civil service, or HOL

• Every MP has to stands for re-election at least every 5 years

• The majority stand as candidates for a political party (they are selected by the constituency party organisation, altho sometimes enforced from the central party HQ

• You can stand as an independent- however they rarely win

• All candidates require a deposit of £500 + the names of 10 subscribers from their constituency

Do all MPs represent a political party?

• Not all MPs represent a political party- they can sit as an independent MP, it is uncommon for an MP to be elected as an independent- more commonly they resign from/ are kicked out of a party over issues of conduct, or if they can no longer support the party's policies

E.g. of members not representing a party

• in 2019 Johnson expelled 21 tory MPs from the party for rebelling against the govt over Brexit- they sat as 'independent conservatives', most didn't stand for re-election

Can MPs change their party allegiance while sitting as an MP?

• MPs can change their party allegiance while sitting as an MP- under FPTP it is the individual who is elected- not the party

E.g. of an MP changing party allegiance

• E.g. in January 2021, Christian Wakeford defected from the conservatives to labour over 'Partygate'

How the performance of independent MPs was unusual in the 2024 election:

• More independents stood for election

• Independent candidates gained more votes

• Independent candidates gained seats

• Independent threatened further

How many more independents stood in 2024 election compared to 2019

• Just over 2x as many,

•  2024=459

• 2019=224

How many more votes did independents get in 2024 than in 2019 election

• 2024=2%

• 2019=0.6%

How many more seats did independents get in 2024 election compared to 2019

• 2024=6  and 2019=0

The 5 candidates who won seats from labour 2024:

• The 5 candidates who won seats from labour prominently features their positions on the Israel-Hamas conflict in their campaigns + opposed the major parties' positions on the conflict (one - Jeremy Corbyn - had previously been an MP party leader, before being removed from the party)

How did independents threaten further 2024?

• Labour saw key figures like Shabana Mahmood, Jess Phillips + Wes Streeting having sizeable majorities reduced by independents

How the govt is formed

• There are currently 650 constituencies (it's not fixed)

• One MP is elected for every constituency

• The party that had the most MPs (usually) forms the govt

• To get a majority, a party needs more seats than all opposition put together

• Sinn Fein's 7 lawmakers don't sit in parliament cuz they don't recognise NI as part of the UK + don't want to make an oath to the British Queen

• By convention, the speaker of the HOC + his 3 deputies don't vote

• So there are 639 active lawmakers so a govt needs 320 votes for a simple majority (if all MPs are available to vote)

What for + where are whips appointed

• Whips are appointed to each party to help organise their party’s contribution to parliamentary business, they are perhaps best known for their role in making sure that party members vote in line with party policy, the chief whip attends cab. + usually has 2-3 deputies

in what direction are whips messengers

• Whips are required to be party messengers in both directions, they let their backbench MPs know when important debates + votes are taking place, making sure they are aware of the party line, but they are also relied upon by the party leadership to feed back to them the views of backbenches, so that internal disagreements or party rebellions can be resolved/ headed off

the whip:

• the whips offices send out a circular to their MPs detailing upcoming parliamentary business, this is known simply as ‘the whip’, the document highlight any divisions (votes) that are expected to take place in the week ahead + indicates the more important items by underlining them more than once

3 Line whips

• The most important divisions are underlined 3 times- hence a ‘three-line whip’ these might include votes at the crucial stages of a major bill

defying a 3 line whip:

• Defying a 3-line whip is seen as a serious matter + has occasionally resulted in the whip being withdrawn from an MP (this means they are expelled from their party- though they still keep their seat- and means they must sit as an independent until the whip is restored) front benchers will normally be expected to resign from their role if they chose to defy a 3-line whip

conflicts MPs face around whips

• At times an MP may have to choose between voting with their party or with their conscience; a conflict of loyalties may also arise if their own constituency could be adversely affected by their party’s policy

e.g.s of defying 3 line whips

• July 2012- 91 conservative MPs voted against the HOL reform bill

• February 2017- 52 labour MPs refused to support the EU (notification of withdrawal) bill- triggering of article 50- on its third reading, this included shadow business secretary Clive Lewis, who stood down from the shadow cab. Over the vote

e.g. of a 3 line whip

• Oct 2022- Liz Truss issued a three-line whip on a vote on fracking, calling it a ‘confidence motion’ (i.e. if the govt were defeated, they would resign) in order to force backbenchers to support her, in the aftermath of her disastrous ‘mini-budget’

Free (unwhipped) votes

• At times, MPs are asked to vote on issues that have an ethical/ religious dimension- e.g. votes on abortion, embryology research or on restoring death penalty. By convention, party leaders have allowed their MPs a ‘free’ vote on decisions that are seen as a ‘question of conscience’

E.g. of a Free (unwhipped) vote

• 2024 terminally ill (end of life) bill (second reading)

when job of a whip becomes important

• The job of the whips becomes esp important when a govt has either a small majority or is in a minority, as is the case with the current govt, this can make it far more possible for an important vote to be lost + both govt + opposition whips are under great pressure to ensure their members vote. In the commons, where ultimately, the survival of a govt rests upon their ability to show that have the confidence of the house, a defeat for the govt can have particular significance

What happens when a govt has a strong majority

• their backbenchers may be more inclined to rebel, as there is less risk of damaging the govt, this is particularly the case w the many new labour MPs who are less career-minded (having won unexpectedly or not having climbed the party ladder to get into parl.)

How the whips get MPs to vote w the govt

Carrots (enticements)

Sticks (threats)

Types of Carrots (enticements)

• Potential future promotions

• Funding for constituency

• Supporting a private members’ bill or introducing a bill/ including it in the manifesto

• However- there are not always enough jobs to go around (esp w larger majority) or money/time

Types of Sticks (threats)

• ‘back of the queue’ for promotion

• Less support for re-election, or deselection for persistent rebels

• Withdraw funding/support for constituency

• Problems w the carrot + sticks system

• Could be seen as bullying/ blackmail

• Stops independence of thought

• Promotion is based on loyalty (‘toeing the party line’) rather than ability

pay + privilege

• MPs are paid a salary, as of 2024 it was £91,346, increases are set by the independent parliamentary salaries authority, which also regulates + pays MPs’ parliamentary expenses, these cover the costs of running any office + employing staff, plus accommodation + travel, the system was overhauled after the 2009 MPs’ expenses scandal, which resulted in hundreds of MPs having to pay back expenses they had claimed + 4 being jailed

MPs who faced criminal charges over their expenses unsuccessfully claimed

• they shouldn’t face prosecution because of parliamentary privilege (the legal immunity enjoyed by members of the HOC+L, it ensures that they can carry out their parliamentary duties w/out interference.

• The 2 most important elements of parliamentary privilege are:

• Freedom of speech (members of both houses are free to raise any issue in parliament w/out fear of prosecution, MPs have , for e.g. revealed info that is subject to court injunctions (e.g. identity of celebrities who have been granted injunctions))

• Exclusive cognisance (the right of each house to regulate its own internal affairs w/out interference from outside bodies (e.g. the courts)

How MPs are not above the law

• MPs who are imprisoned, suspended from the house for at least 21 sitting days, or convicted of making false allowance claims may be dismissed by voters under the 2015 recall of MPs act. If after 8 weeks, 10% of eligible electors have signed the recall petition, their seat is declared vacant + a by-election is scheduled, the MP can stand in this by-election

recall elections that have been held

Fiona Onasanya, Chriss Davies, Ian Paisley Jr

Fiona Onasanya’s recall election

Fiona Onasanya was subject to a recall after receiving a prison sentence + didn’t contest the 2019 Peterborough by-election,

Chriss Davies’ recall election

Chriss Davies, who was convicted of making false parliamentary allowance claims, contested the 2019 Brecon + Radnorshire by-election but was defeated

Ian Paisley jr recall election

Norther Antrim MP Ian Paisley Jr was the 1st to face possible recall, but the petition didn’t achieve enough signatures, there is no right of recall if an MP defects to another party or if constituents disapprove of their voting record

evolution of the speaker

• The role of speaker is almost as old as parliament itself + has evolved significantly over time, originally the speaker was the monarch's de facto representative in parliament, from the 18th century onwards, the speaker gained greater independence, beginning to represent the collective voice of parliament

the modern speaker

• The modern speaker is politically impartial + expected to avoid taking a political stance or favouring particular interests over other, to ensure this, the speaker is expected to resign from their party on appointment and don't campaign in general elections-  usually standing unopposed by the major political parties, however, they are still a serving MP + undertake constituency work

How the speaker is elected:

• By a secret ballot of MPs at the beginning of a new parliament, or following the resignation, death or retirement of the previous incumbent, if the speaker in post wishes to retain the role following a general election, they don't need to be re-elected by secret ballot + can be reappointed by a motion passed by a majority of MPs

Role of the speaker?

• Its is multifaceted, part-chair, part-referee, part symbolic representative of the commons as a whole, their responsibilities include:

• Controlling debate

• Deciding who can speak

• choosing amendments

• Allowing urgent Qs or emergency debates

• Exercising the casting votes

• Upholding parliamentary rules

How the speaker controls debate

• while most business in the house is largely controlled + timetabled by the govt, the speaker can lengthen or curtail debate before the point of 'closure', when a motion or bill goes to a vote

how the speaker decides who can speak

• MPs don't have an automatic right to speak during debates + the speaker must balance MPs participation w ensuring the smooth running of parliamentary business, those wishing to speak will try and 'catch the speaker's eye', rising from their seats briefly once the previous MP has finished their contribution

• In deciding who to call, the speaker will consider:

• The standard practice of calling the official spokespeople from the govt + the opposition to bookmark the end of a debate

• Whether some MPs have a specific interest in the topic being debated

• An MPs seniority

• Whether an MP has had a previous opportunity to contribute

• The time available for the debate

• The need to protect the rights of parliamentary minorities, whether minorities have had a chance to contribute can be an important consideration in deciding whether to bring a debate to an end

Choosing amendments (speaker)

• The speaker has the power to decide whether, + which, amendments to bills or motions can be debated + voted on, this risks putting the speaker in a highly political position, having to make a judgement on which amendments are worthy of debate, however, there are several principles that guide the speakers' decisions + seek to ensure impartially:

there are several principles that guide the speakers' decisions + seek to ensure impartially:

• The need to protect the rights of parliamentary minorities (the speaker will usually allow amendments tabled by the opposition frontbench as a point of principle, however, they may also select a key backbench amendment to provide an opportunity for parliamentary minorities to air their views)

• The speaker will generally not choose amendments that are 'out of order'

• Similar amendments may be grouped together in order to better structure the debate

amendments that are 'out of order', are:

• Are submitted late

• Are vague

• Are out of scope (meaning not sufficiently related to the subject matter of the bill or motion they are tabled against)

• Cover issues already considered in depth during the debate

• Don't make sense or would mean part of the bill didn't make sense (wrecking amendments)

when key principles guiding speakers decisions are departed from

• While these principles provide a good guide as to how the speaker will select amendments, they may be departed from should other interests outweigh them, the speaker's role in selecting amendments puts pressure on both the govt + opposition frontbenches. The govt has to be mindful of what amendments might be placed on its bills or motions; the opposition has to consider which amendments might be put to a vote + must carefully consider what amendments other backbenchers may put forward + whether these will undermine its approach

• Allowing urgent Qs or emergency debates (speaker)

• The speaker can decide to allow urgent question or emergency debates- both important means for backbenchers + the opposition to force ministers to the despatch box + raise the political profile of an issue

• Exercising the casting votes

• One of the most important, albeit very rarely used, powers the speaker has it to exercise the casting vote in the event of a draw, the use of this power is governed by a long-standing principle aimed at maintaining the speaker's impartiality, namely that they shouldn't vote against the overall majority, the speaker should vote in favour of allowing further discussion + avoid making final decisions by a casting vote, in practice, this means that a tie at second reading should be resolved by the speaker voting for the bill- on the basis that there will then be opportunity for further discussion, at third reading they would vote against, on the basis that the law should not be changed except with the will of the entire house

• Exercising the casting votes In 1974-9

• This power was used 7 times between 1974-9, It was almost needed when the Callaghan govt was defeated on a vote of confidence of 311 versus 310, it was most recently exercised on 22 july 1993 during the parliamentary vote on the Maastricht treaty, when votes were tied on 317 the then speaker betty Boothroyd voted against the leader of the opposition's amendment on the basis that the decision should only been taken by a majority, but the govt lost the vote on the motion itself

• Upholding parliamentary rules

• The speaker is also responsible for maintaining order in the HOC + ensuring standing orders (parliamentary rules) are upheld, MPs can ask the speaker to decide whether actions are within parliamentary rules by making a 'point of order'. In practice , this is also used by MPs to try draw attention to their opponent's actions + score political points

If the speaker deems the rules of the house has been broken, they can

• If the speaker deems the rules of the house has been broken, they can rule MPs out of order; require them withdraw their comments; suspend MPs for a day (or invite the house to suspend them for longer by 'naming them') or, in extremis, suspend the house

The speaker can also make definitive…

• The speaker can also make definitive interpretation of parliamentary rules + procedure through 'speaker rulings', they will draw on advice from the clerks + the deputy speakers, but the speaker is the ultimate arbiter

E.g. of how The spear's interpretation of the parliamentary rules can be controversial

• The spear's interpretation of the parliamentary rules can be controversial, in march 2019, speaker john Bercow made a statement confirming that the govt can't ask the commons a Q which is 'substantially' the same as a Q it has already been asked in the same session- pointing to long-standing precedent + quoting from the parliamentary guidebook , unless MPs expressly vote to disapply this rule, the speaker's decision prevents the govt bringing back its Brexit deal to the commons for a third 'meaningful vote' except if the Q put to MPs is, in the speakers view, substantially different from the previous meaningful vote held on 12 of march- demonstrating the speaker's significant gatekeeping role

John Bercow 2019

• In sep 2019, John Bercow allowed a motion under the emergency debate procedure that required the house to reach a decision on an issue, rather than consider it, eventually paving the way for backbench MPs to take control of the commons timetable + pass legislation requiring the govt to seek an article 50 extension in specific circumstances, this was an unprecedented use of the emergency debate procedure, + was highly controversial

speaker can decide whether ____ should proceed

• complaints of privilege- allegations that an MP, servant of the house or a select committee has been obstructed/ threatened- should proceed

• How MPs hold the speaker to account:

• MPs can criticise the speaker by putting down a substantive motion for debate, which the govt can provide time for it to be debated on the floor of the house, only three such motions have been debated since ww2

• If MPs vote to criticise (or 'censure') the speaker's behaviour, the speaker would come under pressure to resign, but is not automatically ousted from post