Parliament

What is the UK system?

What is the UK system?

bicameral = having 2 chambers

Advantages of bicameral system

• 2nd chamber can act as a check upon the first

• more specialists

Disadvantages of a bicameral system

• can lead to constitutional gridlock with conflict between the 2

• do not represent electorate

• unnecessarily costly

• providing ministers for the executive

Role of the House of Commons

• representing the electorate

• passing legislation

• scrutinising govt and legislation

• passing annual finance bills

How is legislation passed

1. White Paper (concrete proposals)

2. 1st reading (propose bill to Parliament)

3. 2nd reading (first debate and vote)

4. Committee stage (closer look and amendments)

5. Report Stage

6. Third Reading

7. Repeat in HoL (Pingponging)

8. Royal Assent

Limitation of method of passing legislation

• HoC can be ineffective in defying the govt or holding it to account as we do not have legislative gridlock due to majorities

• limited opportunities for backbench and opposition to propose own bills

• bills proposed by backbenchers and opposition are unlikely to pass due to the majorities

Private Member Bills

backbenchers have 13 Fridays a year to propose bills introduced by ballot

• 16% of bills passed from 2015-2021 were Private Members Bills

Why are Private Members Bills unlikely to become Acts of Parliament?

• lack of time (only 35 days per session is given for backbench business)

• lack of govt support

• filibustering (JRM reading poetry during the Sustainable Livestock Bill 2010)- filibustering (JRM reading poetry during the Sustainable Livestock Bill 2010)

Ways Parliament can hold the Executive to account

• Select Committees

• Debates

• Questions to Ministers (eg. PMQs)

Example of HoC being ineffective in holding govt to account

Brown only being defeated 3x, Blair even fewer showing that majority of bills easily pass without much scrutiny

Ways backbenchers can introduce bills

• By ballot

• 10 Min Rule (backbencher has 10mins to make a case for their bill, have a 1% success rate from 2015-2021)

• Ordinary Presentation (backbencher can introduce bill by writing after giving prior notice, no guarantee of debate)

Role of the Whips

• instruct MPs on required attendance and voting requirements

• enforce discipline within their party through offers, assurances and threats

• make sure MPs vote or approve their absences

What does it mean to have the 'party whip withdrawn'?

when an MP does not vote a way that the whips insist, they become an independent MP until they reconcile with their party (eg. Corbyn after saying antisemitism in Labour was not that bad, Galloway after encouraging troops to defy orders during Iraq war)

Three Line Whip

MPs must attend and vote the way the whips want or are punished

How many whips are in each chamber?

15 in HoC 7 in HoL

Salisbury Convention 1945

HoL does not vote against an item which was part of the govt's manifesto

• HoL can only delay a bill not prevent it from passing

Parliament Acts 1911 & 1949

any bill that passes HoC in 2 successive sessions can be presented for royal assent without HoL consent

House of Lords Act 1999

removes all by 92 hereditary peers

Crossbenchers

HoL members who don't have a party alliance

How many members are in HoL?

758

Roles of the Lords

• Making laws

• Indepth scrutiny of public policy

• holding govt to account

• provide specialist knowledge and expertise

Life Peerages Act 1958

allows members to be appointed for life without their title passing on

Problems with representation in HoL

• 5% are minority ethnic 22% are women

• average age = 70 = ultimately fails to reflect the UK's population

Cash for Honours 2007

Labour Party donors had been asked for large sums of money before quickly afterwards being suggested as members of the House of Lords

Cameron's Cronies 2016

• Cameron named a number of his closest advisers and staff as nominees for the House of Lords

• appeared that Cameron was attempting to use the Resignation Honours List to favour political allies, not to further the operation of the HoL

Advantages of HoL regarding legislation

• can spend more time considering legislation (2020, HoC spent 32 hrs considering Agriculture Act whilst HoL spent 96)

• expertise

• independence due to crossbenchers and lack of reliance on support as they are not elected unlike an MP

How does HoL scrutinise the govt

• questions (Private Notice Questions)

• Debates

• Select committees

• Legislative scrutiny

examples of HoL supplying specialist knowledge

• Lord Lisvane: expert in constitutional affairs

• Baroness Grey-Thomson: paralympian who challenges govt on disability rights (eg. critic of the bedroom tax)

• Lord Adonis: published academic in educational policy

1922 Committee

have direct access to the Tory party leader

= allow backbenchers to have an impact in their party

Parliamentary Labour Party

have a big say in electing the next party leader and regularly hold meetings to discuss Party Policy

= allows backbenchers to impact their party

Backbench Business Committee

organises debates in Parliament once a week

= allows more issues that backbenchers are concerned about to be discussed

Parliamentary Privilege

allows any member of Parliament to speak freely whilst exercising their role

= meaning they cannot be sued for libel or prosecuted