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The Structure and Role of Parliament - Coggle Diagram
The Structure and Role of Parliament
Structure of Parliament
Bicameral system somprising two chambers, Lords and Commons.
Commons
Elected portion, 650 members directly elected by single-member constituencies using first-past-the-post.
Nearly all are members of political parties, which dominates parliament, with no independents winning a seat in 2019.
Lords
Unelected and largely advisory.
Since Blair’s reforms the Lords have consisted of:
Life peers- appointed peerage for their lifetime only.
92 Hereditary peers: chosen from wider number, when a vacancy occurs, there is a small ‘electorate’
26 CofE bishops: selected on seniority.
Large number of independents, with no one party since 1999 enjoying a majority.
Trends and Developments
Democracy
Parliamentary reform Acts
Balance of Power
Shifted considerably towards commons.
Diversity
Correlates with increased democracy
December 2019 election returned a record 220 women MPs and 65 BAME MPs.
Checks and Balances
Towards centralised control and discipline, so governing party able to dominate.
Committees
Increased use as a forum of discussion
Devolution and EU Membership
Many policies and laws have been decided outside Westminster.
Key Positions
The Prime Minister
Leader of the largest single party, nearly always commanding a majority.
The Speaker
Ensures order and as many MPs as possible are permitted to speak and administers the rules.
Voted by fellow MPs in a series of ballots, Lindsay Hoyle elected as speaker on the fourth ballot in November 2019, then unanimously re-elected following the general election.
Renounces any political allegiance, ensuring impartiality.
Become more controversial with John Bercow faced criticism of favouritism towards oppositon as well as bullying accusations.
Leader of the House of Commons
The governemnt’s business manager, to see from the executive perspective that commons runs smoothly and bills are properly timetabled.
Whips
In charge party discipline and ensuring as far as they can that MPs stay loyal and vote the way leader dictate.
If the whip is withdrawn, it effectively means they are suspended.
Usually temporary, later restored
Nadine Dorris (Conservative) 2012 appeared on I’m a Celeb.
can be withdrawn for political disloyalty, as seen in 2019 with Boris Johnson removing the whip from Tory rebels during Brexit. All lost their seats at next election, some had whip restored, some stood as independents or Liberal Demcrats.
Front and backbench
Frontbenchers
Members of parties who are also ministers.
Backbenchers
Ordinary MPs who do not sit as ministers.
Some are loyal followers looking to reach the front bench, some are more independently minded
Jeremy Corbyn during Brown/Blair premiership routinely rebelled, the most between 1997-2010.
Scrutiny of the Executive
Parliamentary Debates
Allow MPs to raise concerns, on occasion force governemnt to change their mind.
Increased recent opportunities
Backbench Business Committee (2010) gives MPs more opportunities to shape Common’s businesses, deciding the topic for debate of the Commons and Westminster Hall 1 day a week
Covid Pandemic
Mondays reserved for petitions, with more than 100k signatures, taken to the subsequent committee.
It denied the request for sick pay for the self-employed
E-petition called for the government to scrap parking charges for NHS Staff, receiving over 415,000 signatures leading tot he government to fund NHS trusts to cover staff costs.
Emergency Debates
Granted at speaker’s discretion. An MP has 3 minutes to put their interest to the house.
22 in 2017-2019 session,
Contaminated Blood Scandal
2017
During transfusions, patients given contaminated blood samples contracting serious condition such as HIV.
Labour MP Diana Johnson.
Aided by pressure groups such a s Tainted Blood.
Parliamentary Privilege
Bill of Rights includes freedom of speech for both Houses to regulate thei own affairs.
MPs free from laws of slander and contempt in court inside the Palace of Westminster
2018- Lord Peter Hain broke an interim injunction granted by the Court of Appeal to name businesses person Sir Phillip Green as the man behind a court injunction banning a newspaper naming him which prevented the Daily Telegraph from publishing allegations of sexual assault and racial harassment.
Conclusions
Few MPs change their mind, aligning with the party whip or have made up their mind.
Government is usuallly guaranteed a common majority.
Payroll vote has increased extenively in the last 60 years.
Westminster Hall debates are poorly attended
The Lords are severely restricted
Johnson’s Brexit Bill suggested 5 amendments not one agreed by commons)
Syrian Air Strikes
2013
Evidence of use of chemical weapons against civilians in Syria in the civil war.
Cameron proposed air strikes to deter this use.
Coalition normally enjoyed a reliable majority in Commons, but 30 Tories rebelled (285-272).
Memories of Iraq war meant that it was highly charged.
Ed Milliband ‘we should learn from our lessons’
Significant check in the power of the government with Cameron stating that ‘the British Parliament reflects the views of the British people, does not want to see military action. I get that and the govt Will act accordingly’
Parliamentary Questions
Effective
They are highly publicised reaching large audiences
Forces the PM to directly address key issues, if opposition better performs highlights a stake in the premiership.
David Cameron (newly elected leader)
‘Tony Blair was the future once’
Retains accountability: David Cameron
’Not a Wednesday where you do not feel total fear and trepidation’
Ineffective
HIghly misleading and distorted image of parliament’s role.
‘Punch and Judy politics’
‘Patsy questions’, and hopes of future promotions. (Significance of party whip)
Backbenchers and Opposition
Official opposition since the 1920s haas either been Labour or Conservative.
Four potential types of opposition in parliament.
The Official Opposition
Other opposition parties
Intra party (within governing party)
Inter-party (times of coalition)
Fundamental purpose (regardless of type) is to offer scrutiny and potentially a check on government, also offering viable and practical alternatives.
Leader of Offical Opposition always ask opening questions (plus up to 5 more) only MP allowed to reply to the PM with a question, receiving an additional salary.
17 opposition days aside for the Official Opposition, then 3 for the second largest party.
2018 raised issues for debate including the NHS, Grendel and school funding.
Coalition government, opposition from Liberal Democrat meant Tories dropped proposals to lower inheritance tax.
Conclusions
Strengths
Official Opposition gets extra funding
The opposition can position itself as an alternative government.
opposition can check or change policy.
Weaknesses
The government has greater resources.
Depends on quality of shadow minsters
Opposition successes are rare.
Successful rebellions on major issues are rare. Internal opposition only works if supported by opposition parties as well.
Committees
Select Committees
Launch investigations, call witnesses, and publish reports with findings and key reccommendations.
Most significant.
Check taxpayer’s money is being effectively used.
Public Accounts Committee
Overview spending of money such as HS2.
Hold governemtn to account of public money and the economy.
Chaired by opposition, such as other committees such as the Department for Work and Pensions select committee chaired by Labour MP Stephen Timms following the 2019 election.
1979- Every government department shadowed by a select committee, often chaired by MPs with relevant expertise.
Chair of the Environment, Food and Rural Affirs Committee from 2017, re-elected in 2020 was the Tory MP for Devon Robert Parish hailed from a. Farming background.
Comprise 11 members, which reflect party balance in commons, since 2010 have been elected by secret ballot of all MPs
Elected at beginning of session, membership lasts the rest of session giving more permanence and stability.
Since 2003 paid additional salary.
Chairs divided between parties in advance so choice of different backbench MPs from the same party.
Reduced the whips’ power and led to the election of more independently minded MPs.
Despite government majority, they can sometimes upport opposition party policies such as the Treasury Select Committee continuing the furlough scheme in 2020, advocated by Labour.
Aims to achieve consensus and unanimity.
Considerable power to call witnesses including ministers
MP Caroline Nokes (former immigration minister) questioned about highly skilled migrants in the UK, accused of misleading parliament
She was then elected in 2020 to chair of Women and Equality Committee.
Civil servants often summoned to explain or justify perceived mistakes or failings in their departments
(Osmotherly Rules, piecemeal codification offering guidance for these scenarios).
Must be honest but also owe degree of loyalty to ministers, soc annotate directly criticise a minister.
Mustn’t give personal opinion, but personally accountable for delivery of government policy.
Civil servants are accountable to minsters who are accountable to parliament.
Able to review ministerial appointments of those heading quasi-governmental agencies, such as MPs on the Education Committee rejecting thre government’s proposed head of OFSTED Amanda Spielman. However, subsequently allocated the post.
Conclusions
Effective
More corporate forum, covering variety of issues
Less party political.
Recommendations often acted on.
Increasingly high profile from 2008-2012 press mentions of Home Affairs Committee rose from 295 to 2033.
Reduced power of whips.
Ineffective
Avoid topics highly politicised provoking party partisanship.
Government majority
Under no obligation to accept.
Answers can be vague and evasive
HIgher profile no indicator of political influence.
Public Bill Committees
Analyse legislation line by line. Arguably weakest stage of Commons business.
Advantages
Allow backbench MPs to scrutinise in greater detail
Two joint chairs: one of official opposition and government.
Do allow for important changes such as additional safeguards for journalists in the Investigatory Powers Act 2016.
Provide opportunities for pressure groups and individuals to put forward their views and suggestions.
Expert witnesses can be called
Environmental activist George Monbiot gave oral evidence to the 2019-2021 Environment Bill Committee.
Disadvantages
Membership includes relevant government minister.
Membership dictated by party strength in commons (government majority)
Membership is temporary, not building expertise.
Just 8% of MPs on bill committees also sit on the relevant departmental select committee.
Committee membership is decided by party whips so party loyalists more likely to be chosen than more independently minded MPs.
The executive normally dominates the legislature, apart from exceptional circumstances such as. A hung parliament or a deeply divided governing party.
Support
Party whipping and discipline even in public bill committee
PMBs require government support to get passed only the situation of Brexit allowed the Benn and Cooper-Letwin bills to pass.
Select committees can be ignored (60% of them).
Against
Minority or coalition, governemnts can be defeated such as Theresa May’s Brexit deals.
20 opposition days.
Individual MPs can pass legislation independently, covering major issues such as abortion and the death penalty.
Select committees are increasingly high profile.
The Legislative Process
Primary Legislation
The vast majority are public bills (mainly government-backed)
In the same period, 324 PMBs were introduced, where only 14 were passed.
Between 2015-2017 55 governemtn bills were debated and 48 were passed.
A government may first produce a discussion document called a
Green Paper
, which then produces a
White Paper
which sets out detailed plans and proposals for legislation,
Pre-legislative scrutiny has increased in recent years (select committees)
First Reading
Formal introduction by the relevant government minister
No vote or debate
Second Reading
Marion debate of principle of the bill occur in commons. Governemnt defeats are rare here, defeat of the Sunday Trading Bill in 1986.
Committee Stage
Bill sent to PBC. Governemnt majority means unlikely defeat, saw ell as committees only lasting lifetime of the bill.
87% of amendments accepted by the Governemnt came from specialised MPs
Report Stage
Any amendments agreed in the committee stage are considered by parliament, either accepted, rejected or changed.
Third Reading
FInal debate Ona mended version, no further changes are permitted.
House of Lords Stages
These processes are repeated in the Lords.
Amendments made by the Lords must be accepted by Commons (parliamntary ping-pong)
Prevention of Terrorism Act 2005 was considered five times by the Lords and four times by commons.
Commons can involve the Parliament Act, which means their version of the bill becomes law within a year if an agreement is not forthcoming.
Hunting Act 2004 last time invoked.
English Votes for English Laws
Ensure all English MPs can veto bills that only apply to England.
Speaker decides if a bill or its clauses are valid for EVEL procedure.
After the report stage, speaker decides to refer it to the Legislative Grand Committee, but only MPs representing England or Wales can vote or move amendments.
If the committee withholds consent, the whole bill falls.
Effectively, bills affecting England must be passed by a majority of both all MPs and English MPs.
Secondary Legislation
Other referred to statutory instruments, referring to the provisions within primary legislation for the relevant minister to introduce new clauses or changes.
Misuse of drugs Act
1971 allows the government to add new drugs to the banned list of substances.
Around 3,500 SIs passed annually, scrutinised by the Joint Committee on Statutory Instruments.
Government does not enjoy majority, as it is purely to scrutinise the legality and stays within the powers specified in the parent Act.
Parliament must be asked approval but cannot amend them.
Backbench MPs
Private Member Bills enshrined th emotion that some parliamentary time should be made available for legislation by individual MPs and peers.
Ballot Bills
Have the best chance of becoming law or at least adequately debated.
Thirteen Friday sittings set aside each year for consideration of PMBs.
Backbench MPs can enter a ballot every year with 20 names drawn out
MPs may not have specific bill, but are approached by pressure groups, or adopt Governemnt ‘handout’ bill.
Only have chance if uncontroversial, otherwise easy to block via speaking on them until time runs out.
Turing Bill
2016 which would have pardoned all men living with UK convictions for same-sex offences committed before the law changed in 1967.
Ten-minute Rule Bills
Essentially policy aspirations, therefore mostly improtant as an opportunity for backbenchers to raise issues of concern often relating to their constituencies.
Can be significant
Guardianship Act
2017 creating a new legal status of guardian of the affairs of a missing person allowing them to act in their best interests after they have been missing for 90 days.
Party whips decide slots somewhat undermining the independence of individual MPs in the process.
Presentation Bills
Any MP permitted to introduce a bill having given prior notice to the Public Bill Office.
Does not give speech or debate (less useful for MPs), used to address discrete, non-controversial policy issues.
Governemnts keen to buy off rebels in advance , such as privatisation of some English forest, major cross bench opposition forced abandonment .
Sometimes Governemnt are persuaded by their own backbenchers such as Tony Blair’s Corporate Manslaughter Bill.
Theories of Representation
Trustee
Elected officials should take into account their constituent’s views while also employing personal judgement, knowledge and experience.
Constituents trust their elected officials (trustee) to represent them fairly in parliament.
Issues around ‘votes of conscience’ such as abortion or assisted dying, where MPs follow their own conscience.
2013 Gay Marriage, despite all leaders supporting the bill, experienced rebellion from 136 Tory MPs, 22 Labour, 4 Lib Dems.
Weakened by party whipping structure .
Mandate
Delegate