ParliamentParliament

The LegislativeThe Legislative

Don’t forget your triangleDon’t forget your triangle

Executive

LEGISLATVE Judiciary

What is Parliament?What is Parliament?

The Mother of all Parliaments est. 1265The Mother of all Parliaments est. 1265

TaskTask

How does Parliament differ from How does Parliament differ from Government?Government?

Can you think of the main functions of Can you think of the main functions of Parliament?Parliament?

Is there much of a point to Parliament if the Is there much of a point to Parliament if the majority party always controls the agenda in majority party always controls the agenda in the House of Commons and the House of the House of Commons and the House of Lords is full of unelected fuddy duddies!Lords is full of unelected fuddy duddies!

Functions of House of CommonsFunctions of House of Commons

Legislation

Representation

Scrutiny

Forum for Debate

Recruitment of Government

TaskTask

For each function of Parliament write a For each function of Parliament write a definition:- For instance definition:- For instance

Representation: The House of Commons Representation: The House of Commons represents the people of the United represents the people of the United Kingdom, it has been elected by them and is Kingdom, it has been elected by them and is therefore representative and democratic. therefore representative and democratic.

RepresentationRepresentation

Parliament is not truly representative as it is Parliament is not truly representative as it is dominated by White, Middle Class Mendominated by White, Middle Class Men

One of the criticisms levied at the election of Ming One of the criticisms levied at the election of Ming Campbell as leader of the Lib Dems is that he like Campbell as leader of the Lib Dems is that he like Tony and David is a White, MC, Male!!Tony and David is a White, MC, Male!!

Also professions such as lawyers, journalism and Also professions such as lawyers, journalism and teaching are over represented as they require teaching are over represented as they require good communications skillsgood communications skills

Facts and figuresFacts and figures

120 Women MPs in 2001120 Women MPs in 2001 12 Black or Asian MPs in 2001 12 Black or Asian MPs in 2001 70% aged between 40 and 5970% aged between 40 and 59 2.3rds are Graduates2.3rds are Graduates 64% of Cons MPs attended Private School (17% 64% of Cons MPs attended Private School (17%

of Labour and 35% of Lib Dems)of Labour and 35% of Lib Dems) 4/5ths have a professional background, only 12% 4/5ths have a professional background, only 12%

of Labours MPs have a manual backgroundof Labours MPs have a manual background

TaskTask

What is the problem with over-What is the problem with over-representation of White, Middle Class Male representation of White, Middle Class Male Lawyers?Lawyers?

ConstituenciesConstituencies

HoC consists of 659 MPs, each from a different HoC consists of 659 MPs, each from a different area or CONSTITUENCYarea or CONSTITUENCY

Role of MP: Social Welfare – looking after Role of MP: Social Welfare – looking after housing, health and Social Security problems – housing, health and Social Security problems – contacting relevant ministry, agency, QUANGO on contacting relevant ministry, agency, QUANGO on their constituents behalf, or asking a question in their constituents behalf, or asking a question in ParliamentParliament

Promoters of local interests – i.e. Adam Afriyie’s Promoters of local interests – i.e. Adam Afriyie’s policy of preventing night flights to Heathrowpolicy of preventing night flights to Heathrow

Representation of InterestsRepresentation of Interests

A grey area this oneA grey area this one Sponsorship of election candidates by Trade Sponsorship of election candidates by Trade

UnionsUnions Payments of fees to MPs to act as advisersPayments of fees to MPs to act as advisers LobbyingLobbying Part-time interests in outside occupations Part-time interests in outside occupations

such as Company Directorssuch as Company Directors

Register of InterestsRegister of Interests

A check on declining ethical standards of MPsA check on declining ethical standards of MPs ‘‘Cash for Questions’ (Mohammed Al-Fayed gave Cash for Questions’ (Mohammed Al-Fayed gave

Neil Hamilton £25k)Neil Hamilton £25k) Nolan Committee (1995) Nolan Committee (1995) Appointment of a Parliamentary Commissioner for Appointment of a Parliamentary Commissioner for

standards – i.e. investigation into Neil Hamilton’s standards – i.e. investigation into Neil Hamilton’s failure to declare hospitality or register cash failure to declare hospitality or register cash paymentspayments

Also Michael Trend former MP for Windsor Also Michael Trend former MP for Windsor claiming allowance for a house in London, despite claiming allowance for a house in London, despite spending all his time in Windsorspending all his time in Windsor

LegislationLegislation

Green Paper – A consultative document, before Green Paper – A consultative document, before Govt commits to legislationGovt commits to legislation

White Paper – A firmer statement of Government White Paper – A firmer statement of Government intentionintention

Bill – A bill is a draft Act of ParliamentBill – A bill is a draft Act of Parliament Act – Once a bill has been passed through Act – Once a bill has been passed through

Parliament it becomes an ActParliament it becomes an Act Public Bill – Affects the whole countryPublic Bill – Affects the whole country Private Bill – Affects only part of the countryPrivate Bill – Affects only part of the country

Route of LegislationRoute of Legislation

Green Paper White Paper 1st Reading 2nd Reading

Committee Stage

Report Stage3rd ReadingHouse of Lords

Royal Assent

Route of LegislationRoute of Legislation

Green Paper White Paper 1st Reading 2nd Reading

Committee Stage

Report Stage3rd ReadingHouse of Lords

No debatePrinciple debated on floor

Clause by clause in Standing Committees

Amendments ConsideredProcess repeated in Lords

Route of LegislationRoute of Legislation

1st Reading 2nd Reading

Committee Stage

Report Stage3rd ReadingHouse of Lords

The House of Lords can suggest amendments or reject the entire Bill

The process therefore starts again where The HoC can either accept or reject these

If a Bill passes through the Commons 3 times it automatically becomes law – Parliament Act

TaskTask

Without looking can you recite the passage Without looking can you recite the passage of a bill through Parliament?of a bill through Parliament?

Private Members BillsPrivate Members Bills

The Executive has a full role in the origination, The Executive has a full role in the origination, formulation and implementation of a billformulation and implementation of a bill

Parliament has only a negligible role here – except Parliament has only a negligible role here – except as a Private Members Billas a Private Members Bill

In an annual ballot, 20 members have the In an annual ballot, 20 members have the opportunity to introduce their own Billsopportunity to introduce their own Bills

These can be on any issue – Stephen Twigg These can be on any issue – Stephen Twigg initiated a ban on fox hunting in 1997, which failed initiated a ban on fox hunting in 1997, which failed – Generally strong social issues with a strong – Generally strong social issues with a strong moral dimension – cut across party linesmoral dimension – cut across party lines

TaskTask

Can you think of any limitations on Private Can you think of any limitations on Private Members Bills?Members Bills?

LimitationsLimitations

They are not to require the use of public moneyThey are not to require the use of public money Lack of time – only the first half dozen of the 20 Lack of time – only the first half dozen of the 20

bills have any real chancebills have any real chance The whips can destroy a bill if the Government is The whips can destroy a bill if the Government is

opposedopposed Although Private members Bills have succeeded in Although Private members Bills have succeeded in

changing the law on capital punishment, abortion, changing the law on capital punishment, abortion, seat-belts in front seats and divorceseat-belts in front seats and divorce

ScrutinyScrutiny

Governments and therefore the Executive Governments and therefore the Executive are accountable to Parliamentare accountable to Parliament

Can you think of the various ways Can you think of the various ways Parliament can control the Executive?Parliament can control the Executive?

Main methods of ScrutinyMain methods of Scrutiny

Early Day motions

Questions

Debates

Select Committees

Correspondence with Ministers

QuestionsQuestions

Backbenchers may submit oral or written Backbenchers may submit oral or written questionsquestions

These and the answers are recorded in These and the answers are recorded in HansardHansard

Ministers reply to questions dailyMinisters reply to questions daily PMQT – MPs may ask one question and PMQT – MPs may ask one question and

one unscripted supplementary question one unscripted supplementary question

DebatesDebates

General Debate – Queens Speech, No General Debate – Queens Speech, No confidence motionsconfidence motions

Adjournment Debates – General Adjournment Debates – General Constituency issuesConstituency issues

Private Members motionsPrivate Members motions Emergency Debates Emergency Debates

Select CommitteesSelect Committees

Scrutinise away from the floorScrutinise away from the floor Powers to send for papers, persons and Powers to send for papers, persons and

recordsrecords Includes 16 Departmental Select Includes 16 Departmental Select

Committees (DSC’s – Public Accounts, Committees (DSC’s – Public Accounts, Public Administration, European Legislation, Public Administration, European Legislation, Standards and Privileges)Standards and Privileges)

Part balance reflects floor of House Part balance reflects floor of House

HoC reform - TaskHoC reform - Task

Why would the House of Commons need Why would the House of Commons need reforming?reforming?

Can you think of any ways the House of Can you think of any ways the House of Commons can be reformed?Commons can be reformed?

Research - What was the Nolan Committee Research - What was the Nolan Committee and why did it’s findings inspire New and why did it’s findings inspire New Labour?Labour?

Blair’s reformsBlair’s reforms

PMQT – moved from 2, 15 minute sessions on PMQT – moved from 2, 15 minute sessions on Tuesdays and Thursdays, to 1, 30 minute session Tuesdays and Thursdays, to 1, 30 minute session on a Wednesdayon a Wednesday

Why?Why? Blair now also appears regularly in front of the Blair now also appears regularly in front of the

Liaison CommitteeLiaison Committee Select Committee on reform of the House of Select Committee on reform of the House of

Commons has been set upCommons has been set up Robin Cook – changed for example the working Robin Cook – changed for example the working

dayday

TaskTask

How effective has the reform of the House How effective has the reform of the House of Commons been?of Commons been?

The House of LordsThe House of Lords

The British Parliament is BicameralThe British Parliament is Bicameral i.e. there are two chambersi.e. there are two chambers Reform of the Upper Chamber has been a Reform of the Upper Chamber has been a

key feature of the Blair Governmentkey feature of the Blair Government Why?Why?

Functions of House of LordsFunctions of House of Lords

Deliberation

Legislation

Scrutiny

Supreme Court of Appeal

LegislationLegislation

After Parliament Act (1911), the lords lost it’s right After Parliament Act (1911), the lords lost it’s right to delay or amend finance billsto delay or amend finance bills

But, retained the power to delay non-money bills But, retained the power to delay non-money bills for up to two sessions (reduced to one in 1949)for up to two sessions (reduced to one in 1949)

The Lords does not oppose measures included in The Lords does not oppose measures included in the manifesto (Salisbury Convention)the manifesto (Salisbury Convention)

But, it retains a valuable right to amend bills, with But, it retains a valuable right to amend bills, with around 10 000 amendments made in any around 10 000 amendments made in any Parliamentary sessionParliamentary session

Deliberation and ScrutinyDeliberation and Scrutiny

Scrutiny through Select Committees and Scrutiny through Select Committees and questions are more effective than debatesquestions are more effective than debates

Select Committees have embarassed Select Committees have embarassed Govts. Such as Unemployment Committee Govts. Such as Unemployment Committee (1984) and Science Committee (1991)(1984) and Science Committee (1991)

The European Committee is much more The European Committee is much more effective for scrutinising EU legislationeffective for scrutinising EU legislation

Supreme Court of AppealSupreme Court of Appeal

What do you think this means?What do you think this means? The House of Lords, not only contributes to The House of Lords, not only contributes to

the law, but also adjudicates on the lawthe law, but also adjudicates on the law Do you think this is a contradiction?Do you think this is a contradiction?

CompositionComposition

Who sits in the Lords?Who sits in the Lords? Formerly Lords Temperal (Hereditary Peers) Formerly Lords Temperal (Hereditary Peers)

and Lords spiritual (Archbishops)and Lords spiritual (Archbishops) Life Peerages Act (1958), created Life PeersLife Peerages Act (1958), created Life Peers Life peerages are normally retired long Life peerages are normally retired long

serving MPs – “The House of Lords proves serving MPs – “The House of Lords proves there is life after death” Grimondthere is life after death” Grimond

Reform of the House of LordsReform of the House of Lords

Does the House of Lords needs reform?Does the House of Lords needs reform? If yes how would you do it?If yes how would you do it? Would you abolish the Lords and form a Would you abolish the Lords and form a

Unicameral legislature?Unicameral legislature? Would the primacy and legitimacy of the Would the primacy and legitimacy of the

House of Commons be challenged by a House of Commons be challenged by a democratically elected Lords?democratically elected Lords?

Labour’s ReformsLabour’s Reforms

Stage OneStage One– Remove all but 92 Hereditary PeersRemove all but 92 Hereditary Peers– By 2002 there were 217 Cons, 188 Lab, 66 Lib By 2002 there were 217 Cons, 188 Lab, 66 Lib

Dem and 177 Crossbenchers, plus 24 Dem and 177 Crossbenchers, plus 24 ArchbishopsArchbishops

Stage TwoStage Two– Errr haven’t quite figured that one out yetErrr haven’t quite figured that one out yet– Research the Wakeham ReportResearch the Wakeham Report

Commons All-Party Select Commons All-Party Select CommitteeCommittee

Formed to issue a report on options for Formed to issue a report on options for reformreform

Stated that it should sit for a 12 year termStated that it should sit for a 12 year term Reported in 2002, 5 desirable qualitiesReported in 2002, 5 desirable qualities

– LegitimacyLegitimacy– ExpertiseExpertise– RepresentativenessRepresentativeness– IndependenceIndependence– Absence of domination by one PartyAbsence of domination by one Party

Research TaskResearch Task

How is the second chamber formed in:-How is the second chamber formed in:-– A) The E.U.A) The E.U.– B) The U.S.A.B) The U.S.A.– C) FranceC) France– D) GermanyD) Germany