Parliament of the UK

Composition of Parliament
1. Parliament made up of 2 chambers
  1. House of Commons
    1. 650 MPs
      1. Conservative gov to cut members to 600 by 2020
    2. Dominant house
      1. Power of Lords was limited in 1911+49 Parliament Acts to allow this
    3. Directly elected every 5 years
      1. Fixed Term Parliament Act 2011
      2. FPTP system
    4. Lower chamber
    5. Includes front and back benchers
      1. Front = Ministerial or Shadow Ministerial role
      2. Back = MP or lord who doesn't have M or SM role
    6. Pay and Privilege
      1. 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
      2. 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
    7. Key Office Holders
      1. WHIPS
        Ensure MPs attend parl votes & approve absences
        Instruct MPs how to vote
        Enforce party discipline
      2. 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
  2. House of Lords
    1. Around 800 members
      1. Most members = life peers
        Proposed by PM and elected by Monarch
      2. 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?
      3. 26 senior CofE bishops
    2. Upper chamber
2. Contains the Executive branch
  1. All gov ministers incl PM are either MPs (mostly) or peers
  2. No separation of powers
    1. PM = part of legislature
3. Bicameral legislature
Role of Parliament
1. Legislate
  1. Key stages in legislative process
    1. 1. First reading
      1. 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
      2. Formal intro, no debate
  2. HoL can suspend a bill but under Parl Act 1941 it becomes law after 1yr
  3. Majority of legislation = public bills (apply to all)
    1. Priv bills = promoted by orgs e.g councils (only apply to specific individuals)
      1. 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)
2. Scrutinise Government
  1. PMQs
    1. :) -Keeps PM 'on their toes'
    2. :( - Can convey image of rowdiness and theatricals
    3. :( - Most Q's designed to catch out opp or praise own party
    4. :) - Allow unwelcome Q's and can expose weakness
  2. Parliamentary Debates
    1. :) - Allow free expression of views
    2. :) - Televised = inform the public & improves accessibility
    3. :( - Few minds are changed, MPs usually vote party line
    4. :( - Many MPs use it to impress leader/further own career
  3. Select Committees
    1. :) - Less partisan & confrontational than debates
    2. :) - Gov must respond to reports in 60 days
    3. :( - Gov party always has majority on committee
    4. :( - Govs can ignore recs, only have to respond not act
    5. :) - Can call witnesses from outside & inside gov
    6. :( - Witnesses can be evasive & elusive
  4. Vote of no confidence
    1. :) - Can bring down ineffective gov
    2. :( - Unlikely to succeed
  5. Scrutiny of draft legisl & vote on final bill
    1. :) - Enables bills to be properly checked
    2. :( - Strong party loyalty = gov bill stands little chance of failing
Theories of Representation
1. Trustee model
  1. Associated with Edmund Burke
    1. LINK: Ideologies - key conservative thinker
  2. Electors should entrust their MP with acting in their best interest
    1. MP listens to contituents views but is not bound by them
      1. E.g. MPs voting with own conscience about abortion would reflect this model
2. Delegate model
  1. Opposite of trustee model, condemned by Burke
  2. MPs = mouthpieces for constituents
  3. MPs voting against decisions that are unpopular in the constituency would reflect this model
3. Mandate theory
  1. Prevalent model in Brit politics
  2. MP = elected to carry out manifesto promises of party
  3. Reflects fact that most votes an MP receives = due to party affiliation, not personality
Role & Influence of MPs & Peers
1. Both MPs and Peers can...
  1. Vote on legislation
  2. Sit on Parl committees
  3. Serve in gov as minister or shadow minister
  4. Contribute to debates & ask ministers Qs
  5. Introduce Priv member bills
  6. Make media appearances & give interviews
  7. Enjoy parliamentary privilege
2. MPs alone can...
  1. Undertake constituency casework
  2. Hold regular surgeries where public can raise issues directly to them
    1. Parliament fulfilling redress of grievance
  3. Undertake backbench rebellions against own party
  4. Key role in selection of party leader - Lab & Cons leaders req. set number of MP votes before wider party vote
  5. Provide democratic legitimacy to gov
3. Peers alone can...
  1. Contribute specialised insights in debates
    1. Peers often = wide range of backgrounds e.g. arts, science etc
    2. Revising and advising on legislation
      1. Known as 'think again house'
        Lack of mandate = can't block legisl or force its views on HoC
  2. Maintain independence
    1. Many peers = crossbench & unlikely to be swayed by party political decisions
Work of Committees
1. Public Bill Committee
  1. Functions
    1. Go through bills, debate & suggest amendments
    2. Ad Hoc, only meet when bill is in committee stage
  2. Significance
    1. Ensure bills = properly written and fulfil aims
    2. Opportunity for MPs, peers & interest groups to lobby & suggest change
    3. Major changes = unlikely as gov party has majority on committee & whips choose members on each committee
2. Commons Select Committee
  1. Functions
    1. Provide general oversight of gov activity
    2. Less party political & partisan aims for cross party collab
      1. Sit in horseshoe form
    3. Many chaired by opposition backbenchers
    4. Able to select own areas of investigation & summon witnesses
  2. Significance
    1. Composition = all backbenchers
    2. Committee chair elected by fellow MPs not whips
    3. Produce reports gov must respond to in 60 days
    4. Gov = not obliged to carry out committee recs
    5. Reports often generate publicity in media
3. Lords Select Committee
  1. Functions
    1. Investigate specialist subjects
      1. Currently 6 main committees; EU, science&tech, int relations etc
  2. Significance
    1. Often contain genuine expertise
    2. Gov party doesn't have majority in this committee
4. Public Accounts Committee (HoC only)
  1. Functions
    1. Trad. chaired by experiences opposition backbencher
    2. Scrutinises value for money in public spending& how well gov delivers public service
  2. Significance
    1. Covers wide range of policy areas
5. Commons Liaison Committee
  1. Functions
    1. Comprises chairs all all commons select committees
    2. Chaired by independent backbencher
    3. Chooses select committee reports for WM debate
    4. Questions PM on aspects of public policy, usually x3 per year
  2. Significance
    1. Provides more measured & focused way for MPs to hold PM to account with PMQ theatrics
    2. Coordinates roles of select committees
    3. Has no ability to force gov or PM to change policy
6. How effective are they?
  1. Estimated that 40% of recs are accepted by gov
    1. But gov can still deny recs
  2. Help Parl hold exec to account
  3. Gov with hoC majority will also have committee majority
  4. Can Q ministers, civil servants & outside experts & req gov papers
    1. People may not provide info when Q'ed & access to gov paper may be denied
Role of the Opposition
1. Prov. scrutiny & criticism of gov policy and action in Parl debates
2. Suggest amendments to bills
3. Argue alternatives - what they'd do in power
4. Provide gov in waiting e.g. shadow cabinet
5. Nominate topics on 20 days of parl session, official op get 17 2nd biggest get 3
6. Influence of Parl on gov decisions
  1. Influence
    1. Committee system & reports
      1. Select committee chairs no longer chosen by whips
    2. Debates & Q's
    3. Backbench rebels HoC
    4. Inform lobbying of ministers by MPs&Peers
    5. Amending lesgisl (esp Peers)
  2. Restrictions
    1. Gov can ignore select committee reports
    2. Select committees = poor resources
    3. Gov ,majority usually prevent backbench rebels
    4. Party whips ensure party discipline
      1. 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
    5. Gov controls most Parl timetable
    6. MPs want promotion, don't upset leader
    7. Gov can use HoC majority to override Lords amendments & use Parl Act if needed
Parl & interaction with other gov branches
1. Parl provides personnel for gov; PM & ministers
2. Parl = where gov called to account & scrutinised
3. Passes laws that are interpreted &enforced by judiciary
4. Any laws passed must be compatible with ECHR and until Brexit EU law

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Parliament of the UK

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