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Parliament, Backbenchers, Select Committees, Functions of the Houses, The…
Parliament
The Structure and the Role of the HoC
Members of the HoC are chosen through the general election using the FPTP voting system. Constituents will vote for one of the candidates running in their constituency.
Under the 'Fixed-Term Parliament Act' of 2011, general elections must be held regularly at the end of five year intervals. If an MP resigns or expelled from the party, they will become an independent MP for the rest of the Parliamentary term. 3/4s of the membership of the HoC are backbenchers. The rest are frontbenchers, either in the government or shadow ministry.
Backbenchers
backbenchers play an increasingly significant role in parliamentary scrutiny, using parliamentary privilege
the Backbench Business Committee chooses topics for debate in each parliamentary session, some in response to e-petitions
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MPs can use methods to draw attention to issues in which they are interested, but this does not mean that they will succeed in getting any action taken
the government has a majority on public bill committees and often will use its position to introduce its own amendments, not listen to the backbenchers
patronage, ties of party loyalty and the reinforcement of these by party whips limit backbench power
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Select Committees
work is respected and evidence-based. hearings are televised and reported in media, airing issues of public interest and gaining influence
scope of work is widening. pre-appointment hearings can be held. e.g. Treasury Select Committee can veto Chancellor of Exchequer's choice of head of Office for Budget Responsibility
long-serving ministers accumulate knowledge of a particular policy area, which could be even more than a minister who stays in government for 2-3 years
can have a direct influence on government policy, e.g. in 2014 Home Office took Passport Office under ministerial control, as recommended by the Home Affairs Select Committee
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power to summon witnesses is limited. e.g. May blocked Home Affairs SC from interviewing head of MI5 in 2013
government accepts a 40% of recommendations, rarely including major changes of policy
Functions of the Houses
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Parliamentary Scrutiny
Through questions, select committees and debates
Providing ministers
The houses recruit ministers with whips making recommendations to the PM about who deserves promotions/demotions
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The Legislative Process
Origin
First reading
Second reading
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principle debated, vote may be taken
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The Structure and Role of the HoL There are three main categories of peerage:
- Lords Spirituals are Anglican bishops and archbishops who sit in the Lords for historic reasons, representing the Church of England
- Hereditary Peers were all removed except for 92 by Blair's government during reform following his 2010 majority win. They were granted peerage through ancestral lineage, and will continue to pass down their position through their children.
- Life Peers are elected into their positions by government, based off of their knowledge and experience. Their position will not be auomatically passed down
Comparative powers of the Houses
Since the HoC represents the taxpayer, the Lords can debate money bills but not interfere with them. It follows that the Chancellor of the Exchequer sits in the Commons, where the annual budget is presented. The HoC also exercises its power in the situation known as 'confidence and supply'.
The Parliament Act of 1911 sets out that the Lords had no right to delay money bills and that its power to veto non-financial bills was to be replaced by a power of delaying them for two parliamentary sessions.
The Lords acts mainly as a revising chamber, proposing amendments to government legislation and delaying non-financial legislation for up to one year. If a government were to attempt to prolong the life of parliament beyond its legal maximum term of five years, the Lords is legally empowered to force it to hold a general election.
If the upper house maintains its opposition to the Commons, as a last resort, the government can use the Parliament Act to force a bill through - this was used three times by Blair's government. An example of 'Parliamentary ping-pong' was the debate between the houses on the 200 Prevention of Terrorism Bill, which introduced control orders. The Lords backed down following a compromise that the government would promise a review a year later.
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Public bills are common. can be debated in Parliament. brought forward by government ministers to change public policy.
Private bills are less common. sponsored by an organisation or local authority intending to change a law that affects them
Private member's bills affect the whole population and are introduced by a individual backbencher or peer. these rarely go through.