Parliament

What are the criticisms of the HoC’s legislative process?

What are the criticisms of the HoC’s legislative process?

• The public bills committee votes on party lines with a government majority, limiting effectiveness off scrutiny.

• The influence of the whip on votes.

• Many law changes are secondary legislation.

How does the HoC provide ministers?

Prime Ministers picks the frontbenchers from backbenchers after they have proven their abilities in legislature to persuade the executive of their fitness for government.

Which chamber can claim democratic legitimacy?

House of Commons

How is scrutiny and debate ensured in the HoC?

• Backbench Business Committee gives backbenchers 35 days a year to control government debate.

• Petitions committee schedules debates for petitions with over 100,000 signatures.

• Adjournment debates at the end of each days sittings where MPs can ask minister’s questions.

• Early day motions for urgent debates to serve public interest.

• Emergency debates.

How is the HoC representative?

MPs represent a constituency.

How can the HoC claim legitimacy?

• Bills require royal assent and consent of parliament.

• Budgets have to be approved.

What is the composition of the HoL?

Varying number of lords but only 92 hereditary peers.

Lords temporal.

Lords spiritual.

Lord speaker.

Who has been the lord speaker since 2021?

Lord McFall.

What is the HoL’s legislative purpose?

They are unable to stop HoC bills, but they can scrutinise and propose amendments, which parliament can ignore. They can delay legislation for 1 year and are less influenced by whips.

What act gave lords job security?

1958 life peerage act.

When were hereditary peers limited?

1999.

How does the HoL scrutinise?

Sessional and special enquiry committees, alongside joint HoL and HoC committees, meet regularly.

What do HoL sessional committees do?

Deal with particular issues.

What do HoL special enquiry committees do?

They are set up for a time period to investigate a specific issue.

Criticisms of the HoL?

• No representative role.

• No legitimising role.

Benefits of HoL?

• Important in scrutinising legislation.

• Less politically toxic.

What are the powers of the HoC?

• It has the sole right to defeat a bill.

• IT possesses the exclusive right to dismiss the government if it loses a vote of confidence.

An example of a vote of no confidence?

1979, Callaghan’s government had survived 3 years as a minority government but suffered the winter of discontent. On the 28th of March, 1979, they lost the vote 311 - 310.

What are the powers of the HoL?

• No constituency duties so can devote more time to scrutiny.

• Not elected or bound by manifestos so can act independently.

• Crossbenchers prevent party domination.

• Specialist experience.

• Allows former HoC members to continue their public service.

An example of specialist experience in HoL.

Baroness Black of Strome, appointed in 2021. Anatomist and forensic anthropologist.

An example of a former MP coming into the HoL.

Kenneth Clarke served under Thatcher, Major, and Cameron but lost the whip in 2019 after seeking to delay Brexit. He was raised to peerage in 2020.

What is the passage of a bill starting in the HoC?

First Reading, Second Reading, Public Bill Committee, Report stage, 3rd reading, Moves to HoL, Repeat, Parliamentary ‘ping-pong’, Royal Assent.

What is the passage of a bill starting in the HoL?

First Reading, Second Reading, Public Bill Committee, Report stage, 3rd reading, Moves to HoC, Repeat, Parliamentary ‘ping-pong’, Royal Assent.

What happens in a first reading?

The title is introduced, date set for the second reading, there is no debate or vote.

What happens in a second reading?

There is a debate and vote where a bill can be defeated.

What happens to a bill in the public bill committee?

It is examined in detail and amendments may be added.

What happens to a bill in the report stage?

The public bill committees amendments are accepted or rejected and amendments can be added by non PBC MPs.

What happens in a third reading?

The bill is further debated and a vote is taken. The bill is unlikely to be defeated here.

What happened to backbenchers in the Bill of Rights, 1689?

They became protected by parliamentary privilege.

What can backbench MPs do in both houses?

They can raise any issue without the risk of prosecution for libel or defamation.

What is the role of backbench MPs in both houses?

• Represent the interests of their constituents.

• Scrutinise government’s work.

• Consider merits of legislation.

• Legitimise decisions.

What are backbench MPs expected to do?

Obey the whip.

What is the role of select committees?

To monitor the performance of major departments of the state.

An example of a select committee cutting across departmental lines?

Women and equalities committee.

Strengths of select committees.

• Non-partisan so reports carry great weight.

• Their criticisms improve future performance of departments.

• Each party votes on membership so no party domination.

• Chairs are elected by all MPs, ensuring cross-party support.

Benefits of being a select committee chair?

Significant financial bonus.

When do ministerial questions happen in the HoC?

Monday to Thursday for 1 hour.

What happens in HoC ministerial questions?

Oral questions are given to ministers.

When do ministerial questions happen in the HoL?

Monday to Thursday for half an hour.

What happens in HoL ministerial questions?

Oral questions are given to the government.

How must ministers respond to ministerial questions.

Must respond immediately to oral questions.

Must respond to written questions within 1 week in HoC and 2 weeks in HoL.

What is the purpose of ministerial questions?

To ensure that responsibilities aren’t being neglected.

When do Prime Minister question times happen?

Every wednesday between 12 and 12.30 in the HoC.

What is the purpose of PMQT?

To hold the prime minister to account, providing a spotlight on a PM’s records.

Structure of PMQT.

Opposition leader asks 6 questions, leader of the next biggest party asks 2, then MPs can ask questions.

Criticism of PMQT.

The raucous nature discourages debate and PM’s are adept at avoiding answering.

What are the roles of the opposition in the HoC?

• To force the government to justify its policies.

• Create public debate on why they can’t support government decisions.

• To be prepared to provide an alternative government.

• Expose the failures of policy implementation through frontbenchers.

How can the opposition scrutinise the government?

20 opposition days to choose the debate subjects in the HoC.

Role of shadow ministers?

To expose failures and mistakes of their opposite members.

Why does the opposition work with the HoL?

To uncover failures in policy and delay legislation