3.2- Parliament Flashcards Preview

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Flashcards in 3.2- Parliament Deck (24)
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1
Q

How are members of the House of commons chosen, how does this system of election work

A

All are chosen through first past the post in 650- constituencies- the conservatives want to decrease this to 600. There were 3971 seeking election in 2015

Under the fixed term parliaments act they are held at 5 year intervals. An early election can take place if, a government looses a no confidence vote and does not form a government in 14 days, or two thirds of MPs support an early election motion.

IF amnestying MP dies then there is a by election . Only one independent, lady Hermon has been elected in 2010 and 15 in North down NI. Some may complete their terms as independents, for example Douglass Carswell.

Most are back benchers. .

2
Q

How are the lords elected.

A

There are no limits to number of lords- around 800. There are hereditary, life and bishops

3
Q

What are parliaments main functions

A

Passing legisaltion
Scrutiny
Providing ministers (government)

4
Q

How is the function of passing legislation enacted

A

The most important function of parliament is to pass legislation.

Most legislated is initiated by the executive and there is limited opportunity for opposition MPs to pass their own legislation. IT generally responds to the government legislation.

5
Q

What are whips and what do they do

A

They are responsible for for ensuring MPs attend votes and votes with the parties. They issue instructions which indicates how important it is to vote - the most important are three lines. They may offer prospects of ministerial posts to encourage and reward loyalty. Persistent rebels may be withdrawn, being suspended if needed.

Peter mandleson was elevated to the lords to become business secretary

6
Q

WHAT IS THE ARGUMENT OF OVERRIDING NECESSITY

A

Governments can use this argument to get through legislation.

The 2005 prevention of terrorism act introduced control orders for individuals suspected for terrorism- it completed all stages in 18 days. The Cooper let win bill passed in one night. They can be rushed, for example the 1991 dangerous dogs act which responded to tabloid stories, the RSPCA found that 30 deaths were caused in the period by 21 breeds not specified- many criticised it as it targeted the dogs not the owners

7
Q

How does parliament enact scrutiny

A

The opposition seeks to hold the government to account and expose its errors.

They can do this in a number of ways

  • Questions to ministers-
  • Select committees
  • Debates- I.e. Cameron was defeated on Syria. Backbench business committee gives more power to back benches to shape what is debated.
8
Q

How does parliament need to represent the electorate

A

THE LORDS DOES NOT DO THIS- AVERGAE AGE OF 70 AND 5% MINORITY

The fptp method ensures this is strong. They have to show this element of representation, for example Zack goldsmith opposing the Heathrow’s expansion, or 44MPs opposing HS2 were form constituencies that would be affected- they may cote them out

9
Q

How effectively does parliament perform its role of representative function

A
  • MPs loyalty and desire for promotion, may come into conflict with their representative function. Some take the side of constituents, for example Hazel Blears supported a protest of a part of a hospital in Salford
  • Mps are still only 7% minority, minority female SEE OWEN JONES ON THIS- 2015- 22% were form business, 15% from finance, 10% from media and 14% from law.
10
Q

WHAT ARE THE MAIN POWERS OF THE LORDS? how has it been limited?

A

The lords is less powerful than the commons, with increased democracy it has lost power.

The parliament act fo 1911 and 1949 limited this. The lords broke the convention of not dealing with matters of taxation. The peoples budget, with large taxes on the aristocratic class caused them to reject the budget and as a result the 1911 parliament act was passed. It meant in law:

  • Lords have no right to delay money bills
  • They can now only delay by 2 years

Clement Attlee’s government faced opposition in the lords in its iron and steel nationalisation bills and used the act to push it through. the 1949 bill limited their delaying time to one year.

The salisbury convention also means that the lords will not oppose a commitment in a manifesto an elected party.

IT now has the following powers

  • It acts as a revising power, providing amendments, to government legislation, they can decide what to do
  • Delaying
  • IF a government were to attempt to prolong the life of parliament beyond its legal maximum, the lords can force an election
11
Q

IN WHAT WAYS IS THE LORDS BECOMING MORE IMPORTANT

A

The removal of most hereditary peers means that the upper house is now dominated by life peers, who had mostly been in service- it increases their sense of legitimacy. There has been increased turnout-

between 1979 and 97 there were 241 debates in the lords, between 1997 and 2010 there were 528 and between 2015 and 16 60

No party now holds the lords, - Lib Dems even opposed identity cards even though it was announced in advance. They argued that the salisbury convention did not apply due to the fact labour only had 35.2% of the popular vote. Coalitions create further debate on this.

Cross bench peers play more of a roll, as neural figures they can asses bills on merit. For example Lord Owen played a role in opposing the hEalth and social care bill, all the Lord’s amendments were taken.

12
Q

How does the commons maintain its supremacy

A

The commons still remains the dominant house

Many ammednents are supported, when it notices its flaws. When clashes occur the government can use its majority- for example in Feb 2012 the coalition gov rejected 7 amendments in the welfare reform and work bill, arguing it has financial implications

IT can go back and forth- for example the 2005 terrorism prevention bill, there was a 30 hour sitting, the lords insisted on a sunset clause that means it would automatically expire in a year- the lords backed down after a review was promised.

The commons can still use the parliament act- it did so in

  • Changing the European parliament voting system- 1999
  • Age of consent legalisation 2000
  • Banning hunting dogs 2004

IT usually drops its case after making its points

13
Q

How did the lords act in the tax credit issue

A

The Lords delayed planned cuts to tax credits. IT was emotionally charged and was able to get involved as it was in statutory instrument, rather than primary legislation.

They did not block it, delayed it.

14
Q

What are the different types of bill

A

Government bill or public bill- most important type that can be debated, They are Brought forward by ministers to change police. For example the 2012 health and social care act

Private bill- Much less common. Sponsored by a. company or organisation with the intention of chaining law that affects them. A group affected has the right to petition. For example the 2013 London local authorities and transport for London Act, it increased new powers for dealing with obstructions caused by bidders and road users in the capital.

Hybrid bill- Has characteristics of both public and private. IT proposes changes to law that affect both public and organisations particularly. for example HS2 bill

Private members Bill-
Affects whole pop, introduced by lords of MPs . Un liked to become law, depend on time being found for them. They are drawn at a ballot or under then 10 min rule. Some landmark bills have come by it- for example the duty on councils and the nHS to look after people with autism was a private members bill proposed by Cheryl Gillan MP

15
Q

What are the stages of a bill being passed

A

Origin- green paper then white paper

First reading- Made available

Second reading- debated and vote taken in contested

Committee stage- scrutinised in detail in public bill committee, amendments may be suggested.

Report stage- considers amendments

Third reading- amended bill is debated and voted on

HOL- same stages in Lords, no committee. Lords can propose amendments. Can last a year

Royal assent- monarch signs bill.

16
Q

What is parliamentary privilege

A

THEy are subject to parliamentary privilege- can say what they like with immunity to the outside world, for example they are exempt from libel. They are free to say what they want.

John Hemming used wit when talking about Ryan Giggs alleged adultery when gigs had sought many super injunctions to prevent the media talking about it.

17
Q

What evidence is there to suggest that backbenchers are increasing in their power

A
  • The backbench business committee was created in 2010- they can choose the topic of debate 35 days a year. Some are dictated by petitions. More debates from a varied pool of topics have taken place. Many are taken in Westminster hall. There have been some success, for example Harvey’s law that obliges owners of pets who are killed to be notified by the highway agency, when they die on the road. It often requires across bench cooperation and increases unity.
  • There has been an increase in the number of rebellions from Backbenchers. Phillip Cowley and Mark Stuart have calculated that coalition MPs rebelled 35% of the time between 2010-15, while it was only 28%in 2005-10.This is created by the fact it is a coalition. In the modern day backbenchers are more important in the Brexit deal, they hold the power.
  • There has bene an increase in the use of urgent questions- speaker allows this. Bercow let 3547 between 2009-13 compared to Michael Martin’s 1234 in 2000-2009. For example Damien green, as pension secretary, was summoned to assert a question by Steven Timms in regards to changes in Personal independence payment
18
Q

Where are the limitations of backbench powers

A
  • The attention MPs can bring does not mean they will succeed in getting action. For example adjournment debates. After the business of the house is over, there is an n opportunity to raise an issue and a minister will reply. They can also use the 10 min rule before official heARINGS. THEY OFTEN ONLY END in an airing and little change
  • Public bill committees ,allow for some scrutiny, but the government always has a majority

The power of patronage and ties to parties, enforced by whips, mean that in important cases, it is unlikely they will rebel.

19
Q

What are select committees, what are their function, what is their composition

A

Select committed were introduced by Norman St John Stevas, the leader of the house under thatcher in order to scrutinise policy, admin and spending of different departments.

There are some non departmental committees with functions-

Public accounts committees examines government spending - always headed by opposition MP

Liaison committee, all the chairs of the select committee, questions the PM twice a year

Committee on standards oversees the work of the parliamentary commissioner on standards, an official in charge of regulating MPs conduct, including finance

Each select committee has at least 11 MPs- they reflect the composition of the house, for example the Education committee following 2015 was headed by Neil Carmichael with 5 more tories , 4 labour and 1 SNP

They (Chairs) are elected by their fellow MPs, following a reform in 2010- it has increased their independence.

They decide what to investigate and can gather written and oral evidence, summon witnesses with relevant interest. They may even have specialist advisors and they produce reports the government has 2 months to respond to

20
Q

Why are select committees important

A
  • Their work is evidence based and more respected. They air issues of public interest- fro example the transport secretary Patrick McLoughlin was Brought to account following a controversy on the west coast main line franchise in 2012

The scope of committees work has widened to increase the scrutiny of legislation. They even have pre appointment hearings, where they interview candidates for public roles. For example the treasury Select committee has the right to veto the exchequer’s choice for the head of the office for budget responsibility

Long serving members can have greater understanding than a minister. Some have even become public figures. Margaret Hodge for example, chair of the public accounts committee from 2010-15 said she had more power in this role than as a minister

Select committees can have direct influence on police. For example the home office took the passport office back under ministerial control following a report from the home affairs select committee. There has been a backlog

21
Q

How Is the roll of committees limited

A
  • The government will always have a majority on the committee. There is also a tradition that MPs from government sides will head the treasury, foreign affairs and defence committees
  • Committees can only cover a few topics and tend to avoid more strategic long term issues
  • High turnover rate
  • Government accepts around 40 a government, they rarely result sin changes of policy
  • There are limitation stories their power, for example May blocked the home affiairs select committee from interviewing the head of MI5, Andrew Parker
22
Q

How do HOL select committees work

A

They do not shadow departments, but rather scrutinise legislation and investigate issues.

For example the constitution committee, it examines public bills for their constitutional impactions and investigates similar issues. They try to avoid duplicating the work of the commons committees. The lords has a different economic affairs committee, compared to the treasury committee. . IT has looked at areas with more expertise and depth, for example HS2. They often have limited impact. They do have expertise for example Nigel lawson, former treasurer, headed it,

23
Q

What is the role and significance of the opposition

A

Opposition parties are no tin a strong position, unless the government majority is small.

They tend to concentrate their power through attacking the government though the media.

The leader of the opposition can hold them to account - for example they take the leading Roll in responding to the government programme, as set out in the annual Queen’s speech and replies to the budget.

The opposition parties are allocated 20 days a year to propose debate subjects. 17 are at the disposal of the leader of official opposition. 3 are for the third greatest party. The SNP used theirs on debates on trident and the closure of HMRC. They are more symbolic. The government usually table an amendment to the motion, cancelling it out . With a majority, this is unlikely not to pass.

Assistance is available to them in short money- it provides help with the running costs of the leaders office. IT compensates the fact that they do not have the civil service on their side.

24
Q

What are ministerial questions an PMQs and what are their functions and how effective are they in scrutinising government.

A

It is a regular set piece event of the parliamentary calendar- Wednesday 12pm. It generally attracts considerable media attention and forces the PM to engage with issues, Tony Blair called it the most nerve racking bowel moving, courage draining experience of his life.

Critics point out its gladiatorial mature- it tends to reveal more about personalities than policy. FOR example Cameron focused on Corbyn’s suit rather than police. It seems almost stage managed, w with planted questions. In 2012 for example it was revealed that Desmond Swayne, Cameron’s press secretary had tried to create a ‘protective wall of sound’ against Ed Miliband.

Better scrutiny is seen in ministerial questions on a rota. It usually means more thorough and detailed questioning- they are given oral notice of questions. MPs can also submit written questions answered by civil service. Opposition MPs can inform themselves on government policy and individual interest can be given. This is less focused on