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.
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
Functions of the Houses
Passing legislation
Parliamentary Scrutiny
Providing ministers
Representing the electorate (HoC)
Through questions, select committees and debates
The houses recruit ministers with whips making recommendations to the PM about who deserves promotions/demotions
responding to issues brought up by constituents
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.
The Legislative Process
Origin
First reading
Second reading
Committee stage
Report stage
Third stage
House of Lords stage
Royal Assent
signed by monarch
bill goes through the same stages in the second chamber
debate and vote
house considers amendments
bill scrutinised by public bills committee
principle debated, vote may be taken
bill is made available to MPs
not compulsory. bill may orignate as a green or white paper
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
increase in the frequency of backbench rebellions against government measures
increase in the use of urgent questions to raise an important matter requiring an immediate answer
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
urgent questions are subject to the Speaker's will
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
majority of members are drawn from the governing party. some MPs do not attend regularly
resources available have increased but committees can only cover a limited of topics in depth
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
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.