Parliament of the UK

Parliament of the UK

1. Composition of Parliament

   • Parliament made up of 2 chambers
     • House of Commons
       • 650 MPs
         • Conservative gov to cut members to 600 by 2020
       • Dominant house
         • Power of Lords was limited in 1911+49 Parliament Acts to allow this
       • Directly elected every 5 years
         • Fixed Term Parliament Act 2011
         • FPTP system
       • Lower chamber
       • Includes front and back benchers
         • Front = Ministerial or Shadow Ministerial role
         • Back = MP or lord who doesn't have M or SM role
       • Pay and Privilege
         • 2018 = £77,000
           • Paid by Independent Parliamentary Salaries Authority
             • Also pay MPs expenses e.g travel, staff etc
               • System re-examined after 2009 Expenses Scandal
         • Parliamentary Privilege
           • Freedom of Speech
             • Free to raise any issue without fear of prosecution
               • Example: MPs have revealed information subject to court injunctions
           • Exclusive Cognisance
             • Right of each house to regulate internal affairs without interference from outside bodies e.g. courts
           • Doesn't mean they're above law
             • MPs in prison or suspended from HoC for 21 days can be dismissed by voters
               • Recall of MPs Act 2015
               • ONGOING CASE: Labours Fiona Onasanya
       • Key Office Holders
         • WHIPS
           • Ensure MPs attend parl votes & approve absences
           • Instruct MPs how to vote
           • Enforce party discipline
         • Speaker
           • Presides over debates
             • Can suspend disobedient MPs
             • Ask MPs to be quiet or revoke remarks
           • Is politically impartial
             • Must resign from party when elected
             • Only votes in a tie & uses vote to further debate not make final decision
           • CURRENT: John Bercow
     • House of Lords
       • Around 800 members
         • Most members = life peers
           • Proposed by PM and elected by Monarch
         • 92 hereditary peers
           • Was prev 750 hereditary peers
             • 1999 Lords Reform Act removed all but 92
               • 92 are elected but not by public
                 • Only 15 elected by whole house, others = hereditary peers from their party and crossbench groups
                   • Is this undemocratic?
         • 26 senior CofE bishops
       • Upper chamber
   • Contains the Executive branch
     • All gov ministers incl PM are either MPs (mostly) or peers
     • No separation of powers
       • PM = part of legislature
   • Bicameral legislature

2. Role of Parliament

   • Legislate
     • Key stages in legislative process
       • 1. First reading
         • 2. Second reading
           • 3. Committee Stage
             • 4. Report Stage
               • 5. Third reading
                 • 6. House of Lords Stage
                   • 7. Consideration of amendments
                     • 8. Royal assent
                       • Approved by Monarch, becomes law
                     • Hoc can accept/reject/alter amendments
                   • Stages 1-5 repeated in Lords
                 • Debate on house floor, no more amendments permitted
               • Committee amendments considered by HoC, it can accept/reject/alter
             • Sent to public bill committee for detailed scrutiny
           • Main debate
         • Formal intro, no debate
     • HoL can suspend a bill but under Parl Act 1941 it becomes law after 1yr
     • Majority of legislation = public bills (apply to all)
       • Priv bills = promoted by orgs e.g councils (only apply to specific individuals)
         • Gov bills = created by gov usually for manifesto promises
           • Priv members bills = independently introducted by backbench MPs or peers, very few become law (ALSO PUBLIC BILLS)
   • Scrutinise Government
     • PMQs
       • :) -Keeps PM 'on their toes'
       • :( - Can convey image of rowdiness and theatricals
       • :( - Most Q's designed to catch out opp or praise own party
       • :) - Allow unwelcome Q's and can expose weakness
     • Parliamentary Debates
       • :) - Allow free expression of views
       • :) - Televised = inform the public & improves accessibility
       • :( - Few minds are changed, MPs usually vote party line
       • :( - Many MPs use it to impress leader/further own career
     • Select Committees
       • :) - Less partisan & confrontational than debates
       • :) - Gov must respond to reports in 60 days
       • :( - Gov party always has majority on committee
       • :( - Govs can ignore recs, only have to respond not act
       • :) - Can call witnesses from outside & inside gov
       • :( - Witnesses can be evasive & elusive
     • Vote of no confidence
       • :) - Can bring down ineffective gov
       • :( - Unlikely to succeed
     • Scrutiny of draft legisl & vote on final bill
       • :) - Enables bills to be properly checked
       • :( - Strong party loyalty = gov bill stands little chance of failing

3. Theories of Representation

   • Trustee model
     • Associated with Edmund Burke
       • LINK: Ideologies - key conservative thinker
     • Electors should entrust their MP with acting in their best interest
       • MP listens to contituents views but is not bound by them
         • E.g. MPs voting with own conscience about abortion would reflect this model
   • Delegate model
     • Opposite of trustee model, condemned by Burke
     • MPs = mouthpieces for constituents
     • MPs voting against decisions that are unpopular in the constituency would reflect this model
   • Mandate theory
     • Prevalent model in Brit politics
     • MP = elected to carry out manifesto promises of party
     • Reflects fact that most votes an MP receives = due to party affiliation, not personality

4. Role & Influence of MPs & Peers

   • Both MPs and Peers can...
     • Vote on legislation
     • Sit on Parl committees
     • Serve in gov as minister or shadow minister
     • Contribute to debates & ask ministers Qs
     • Introduce Priv member bills
     • Make media appearances & give interviews
     • Enjoy parliamentary privilege
   • MPs alone can...
     • Undertake constituency casework
     • Hold regular surgeries where public can raise issues directly to them
       • Parliament fulfilling redress of grievance
     • Undertake backbench rebellions against own party
     • Key role in selection of party leader - Lab & Cons leaders req. set number of MP votes before wider party vote
     • Provide democratic legitimacy to gov
   • Peers alone can...
     • Contribute specialised insights in debates
       • Peers often = wide range of backgrounds e.g. arts, science etc
       • Revising and advising on legislation
         • Known as 'think again house'
           • Lack of mandate = can't block legisl or force its views on HoC
     • Maintain independence
       • Many peers = crossbench & unlikely to be swayed by party political decisions

5. Work of Committees

   • Public Bill Committee
     • Functions
       • Go through bills, debate & suggest amendments
       • Ad Hoc, only meet when bill is in committee stage
     • Significance
       • Ensure bills = properly written and fulfil aims
       • Opportunity for MPs, peers & interest groups to lobby & suggest change
       • Major changes = unlikely as gov party has majority on committee & whips choose members on each committee
   • Commons Select Committee
     • Functions
       • Provide general oversight of gov activity
       • Less party political & partisan aims for cross party collab
         • Sit in horseshoe form
       • Many chaired by opposition backbenchers
       • Able to select own areas of investigation & summon witnesses
     • Significance
       • Composition = all backbenchers
       • Committee chair elected by fellow MPs not whips
       • Produce reports gov must respond to in 60 days
       • Gov = not obliged to carry out committee recs
       • Reports often generate publicity in media
   • Lords Select Committee
     • Functions
       • Investigate specialist subjects
         • Currently 6 main committees; EU, science&tech, int relations etc
     • Significance
       • Often contain genuine expertise
       • Gov party doesn't have majority in this committee
   • Public Accounts Committee (HoC only)
     • Functions
       • Trad. chaired by experiences opposition backbencher
       • Scrutinises value for money in public spending& how well gov delivers public service
     • Significance
       • Covers wide range of policy areas
   • Commons Liaison Committee
     • Functions
       • Comprises chairs all all commons select committees
       • Chaired by independent backbencher
       • Chooses select committee reports for WM debate
       • Questions PM on aspects of public policy, usually x3 per year
     • Significance
       • Provides more measured & focused way for MPs to hold PM to account with PMQ theatrics
       • Coordinates roles of select committees
       • Has no ability to force gov or PM to change policy
   • How effective are they?
     • Estimated that 40% of recs are accepted by gov
       • But gov can still deny recs
     • Help Parl hold exec to account
     • Gov with hoC majority will also have committee majority
     • Can Q ministers, civil servants & outside experts & req gov papers
       • People may not provide info when Q'ed & access to gov paper may be denied

6. Role of the Opposition

   • Prov. scrutiny & criticism of gov policy and action in Parl debates
   • Suggest amendments to bills
   • Argue alternatives - what they'd do in power
   • Provide gov in waiting e.g. shadow cabinet
   • Nominate topics on 20 days of parl session, official op get 17 2nd biggest get 3
   • Influence of Parl on gov decisions
     • Influence
       • Committee system & reports
         • Select committee chairs no longer chosen by whips
       • Debates & Q's
       • Backbench rebels HoC
       • Inform lobbying of ministers by MPs&Peers
       • Amending lesgisl (esp Peers)
     • Restrictions
       • Gov can ignore select committee reports
       • Select committees = poor resources
       • Gov ,majority usually prevent backbench rebels
       • Party whips ensure party discipline
         • Party discipline in Commons
           • Party whip system
             • Enforce party discipline & minimise internal dissent in votes
           • Fragile in minority gov
             • Majority gov can defeat backbench rebellions
             • Struggle to pass controversial legisl
           • Important votes = 3 line whips
             • MP must vote following whips order
               • Failure to do so by a gov minister = resignation or dismissal
             • Votes on matters of conscience tend to = Free votes
               • MP free to vote how they want
           • Whips also partly control allocation of MPs to select & public bill committees
             • Select committee chairs are elected by MP = secret ballot
               • Whips power = slightly reduced
       • Gov controls most Parl timetable
       • MPs want promotion, don't upset leader
       • Gov can use HoC majority to override Lords amendments & use Parl Act if needed

7. Parl & interaction with other gov branches

   • Parl provides personnel for gov; PM & ministers
   • Parl = where gov called to account & scrutinised
   • Passes laws that are interpreted &enforced by judiciary
   • Any laws passed must be compatible with ECHR and until Brexit EU law