Parliament

• Bicameral system --> two, separate chambers that must agree to legislation
• House of Commons and the House of Lords
• 650 seats in the House of Commons

• committee appointed for each government department
• scrutinse policy, administration and expenditure
• made up of backbench MPs from ALL parties in HOC
• call witnesses, experts and examine restricted documents

Recent Examples

• Mike Ashley (Sports Direct)- Business, Innovation and Skills Committee 2016
• 2015 Defence Committee- 6 MPs from various oppositional parties

• Examine the details of a particular Bill
• All Bills, other than Money Bills, are automatically sent to PBC following second reading, unless committed to Whole House

Recent Examples

• NHS Act 2016- removal of Secretary of State's powers to appoint trustees

• Public Bills introduced by MPs and Lords who are not government ministers
• as with other Public Bills, their purpose is to change the law
• Only a minority of Private Members' Bills become law (only around 10%)

Examples

• Abortion Act 1967- 2 doctors consent allowed abortion up to 24 weeks
• Homosexuality Act 1969- in private but not public
• European Union (Referendum) Bill 2013- Conservative MP James Wharton

• party official responsible for ensuring MPs turn up to parliamentary vote and follow party instructions on how to vote

OR

• an instruction that is issued to MPs by political parties on how they should vote

• One Line: you must turn up, but you do not have to vote
• Two Line: instruction to attend and to vote
• Three Line: strict instruction to attend and vote according to the party line. Breach would normally have serious consequences such a deselection

Examples

• Syrian Airstrike Debate December 2015- David Cameron used a whip; Corbyn did not

• An MP who does not hold a ministerial, or shadow ministerial, position
• Participate in Parliamentary Committees e.g. Select Committees
• Speak during Commons debates 
• Vote in debates
• Quesion ministers, including the Prime Minister

Recent Examples

• Tracy Barbin Oct 2016- Batley and Spen
• George Osbourne- became backbench MP after Cabinet reshuffle in July 2016

• MPs vote according to their conscience rather than in line with party policy.
• Usually Private Members' Bills are vote on by free votes

Examples

• Marriage (Same Sex) Bill 2013
• Jeremy Corbyn in Syrian Airstrike Debate in December 2015

• Constitutional convention
• Held every Wednesday for 1/2 an hour
• PM answers questions from the leader of the opposition and backbench MPs
• Many questions are drafted by Whips
• Opposition embarrass PM by failed policies

Examples

• Dennis Skinner 2016- Labour MP suspended from Parliament after calling David Cameron "dodgy Dave" in relation to his taxes

YES

• Select Committees: intended to scrutinise government departments
• Public Bills Committees: examine details of particular Bills (except Money)
• PMQs: PM answers questions from the leader of opposition and backbenchers
• Debates: opportunity for MPs to look at creation and ammendment of laws 
• Backbenchers 35 days: 35 days of parliamentary calendar to schedule debates on issues they want to raise
• Written letters: MPs can write to government ministers asking them to justify policies etc.

NO

• PMQs: less rhetoric now; more of a competition of personalities; media circus
• Select Committees: party with largest majority has largest representation 
• Debates: MPs have the change to prepare generic answers instead of being challenged spontaneously

• majority are life peers- c. 700 are appointed for their lifetime by Queen on recommendation by PM

• Any British, Irish or Commonwealth citizen over the age of 21 is eligible to be nominated

• 25 archbishops and 88 hereditary peers (HOL ACT 1999 ended right of all but 92 hereditary peers to vote)

• No upper limit on the total number of members

• Crossbenchers: do not support any political party; mostly appointed for their experience

• Numbers in each of the parties and Crossbench groups fluctuates: Cameron appointed c. 40 per year; Blair 300 Tony's Cronies

• Revises bills from the Commons: ALL bills have to be considered by BOTH Houses of Parliament before it can become law. Examine it line-by-line and often amend it

• Considers public policy in depth: use extensive knowledge and experience to investigate public policy. Much of this is done in Select Committees. 2012-2013, HOL Select Com. produced 36 reports. 

• Holds the government to account: scrutinise the work of the government during question time and debates in the chamber, where govt. ministers must respond. 2012-13  7,324 oral and written questions

• Power of delay: under Parliament Act 1949, Lords can delay legislation for up to a year

• General debates: disuss matters on matters such as the environment and leisure- c. 25% time spent on this

PARLIAMENT ACT 1911

• followed constitutional crisis when HOL rejected "People's Budget" in 1909
• HOL cannot reject money bills (unless not in manifesto or secondary legislation)
• veto replaced by delay

PARLIAMENT ACT 1949

• Reduce length of delay from 3 sessions over 2 years, to 2 sessions over 1 year

LIFE PEERAGES ACT 1958

• Appointed by the government for life
• hereditary peers still created
• introduced women into HOL

• abolished all but 92 hereditary peers
• Reduced number in HOL from over 1,300 to 666
• 2005 CRA --> Law Lords Removed

WHY?

• make the HOL accountable
• maintain experience and knowledge in the 2nd chamber
• protect HOL independence (not appointed by govt.)

MAIN POINTS

• Parliamentary Acts still apply
• 80:20 split between elected and unelected
• single, non-renewable term of 15 yeras
• HOL appointments commission

WHY DID IT FAIL?

• Little to be gained electorally- economic crisis
• backbench Tories frustrated due to coalition
• Labour declined to help the govt.

YES

• Elected- independent of HOC; democratic; gives them legitimacy
• PM can "pack" with HOL supporters (Cameron 40 p.a.)- HOL appointments commission
• currently not accountable to the electorate
• 26 members in the Lords Spiritual --> 5% of population is Muslim

NO

• High public opinion due to expertise - E.g. Baron Wei
• may challenge the supremacy of HOC (input legitimacy)
• Elected brings you into the media
• not excessively partisan- priority is quality legislation; 182 crossbench
• unelected= good at scrutiny

CRITICISMS

• Still 87 hereditary peers --> no area of expertise; based on family and not merit
• 26 Lords Spiritual --> we live in a multi-faith society; 5% of population is muslim
• Unrepresentative --> youngest is 40, 22% women
• PM can "pack HOL" --> e.g. Cameron appointed av. 40 p.a. including party donors
• No mandate --> unelected £300 per parliamentary session

DEFENCES

• The issue isn't hereditary peers --> only 10% of HOL
• Queen is unelected yet vital to the constitution
• Still a Christian country --> Queen is head of the Church of England
• Labour and Lib Dem opposition is good- balances out HOC majority
• Output legitimacy- good revising chamber

• life peers- appointed by the PM
• 92 hereditary peers
• Archbishops and bishops

CONSERVATIVE: 255

LABOUR: 206

LIBERAL DEMOCRAT: 104

CROSSBENCH: 182

BISHOPS: 26

OTHERS: 15

Success

• PM answers questions from MPs
• debate relevant isues
• Frequent- every Wednesday
• public nature- significant media focus
• have to answer all questions

Limitations

• Less rhetoric
• "Media Circus" --> MPs jeer; "soundbite" based e.g. Tony Blair to Major "weak, weak, weak"
• syndication- prepared answers that lack sponteneity 
• Only 6 questions
• timing --> 30 minutes once a week
• Not always present

Successes

• MPs are from all parties in the HOC --> 6 MPs oppositional parties 2015 Defence committee
• Elected by secret ballot --> wright committee
• Call witnesses and examine restricted documents --> credibility

Limitations

• 11 members reflect the party balance in the Commons --> some degree of alignment
• MPs (from opposition perhaps) may have an agenda
• Government must respond but not required to accept recommendations --> Constitution Unit= 40%

Successes

• HOC --> input legitimacy
• HOL --> output legitimacy
• Debated in both chambers
• HOL --> debated, revised, expertise

Limitations 

• Large majority in HOC stops scrutiny 1997-01 = 100+
• HOL cannot reject --> only delay or send back (1911 Parliament Act)
• PM appoints HOL --> can "pack" e.g. 300 Tony's cronies

Successes

• The main role is to scruinise
• 20 opposition days --> 17 for 2nd Party
• HOL --> More Labour/ Liberal Democrat peers than Conservative
  • 329 Labour/ Lib Dem in HOL
  • 255 Conservative

Limitations

• Only effective when the government has smaller majorities
• CS doesn't support opposition
• Opposition in itself is not unified
  • Labour fragmented
  • No unity between Labour, Lib Dem and SNP

• elected by a constituency to represent their interests
• Hold surgeries --> locals can discuss concerns
• raise matters in the HOC (e.g. PMQs)
• attend functions and events
• Sir Keir Starmer --> Holborn and St. Pancras HS2
• Glasgow -> Job Centres December 2016

• Backbench MPs can sit on Select Committees
• Scrutinise the government
• call witnesses etc.
• Make recommendations for change
• Extra £13,000
• Develop expertise

• Introduce Private Members Bill in an attempt to pass a new law

• 2003-2009 --> 10 PMBs

• Debate proposed legislation

• Adjournment debates --> raise matters that concern them (or their constituency)
• Backbench Debates --> Backbench Business Committee to host in Chamber or W'minster 
  • 35 days

• Prime Minister's Question Time
  • publicly debate relevant issues
  • opposition asks executive about policies
  • in the media

• Select Committees
  • review policy
  • admind and expenditure
  • call experts and witnesses
  • make recommendations

• Bicameral System
  • legislation is debated in both HOC and HOL
  • Lords revises the legislation with expertise
  • clause by clause scrutiny

• The Official Opposition
  • Check govt. through 20 oppositional days
  • Questions at PMQs

• Prime Minister's Question Time
  • less rhetoric- more a competition of personalities
  • only for 1/2 an hour
  • 6 Qs and syndication
  • media circus

• Select Committees
  • party with largest HOC majority is largest in Select Committee
  • Executive don't have to accept their recommendations
  • Cannot call witnesses --> USA subpoena

• Bicameral System
  • HOL cannot reject legislation
  • only delay or send back
  • cannot reject Money Bills
  • PM can pack HOL --> Cameron 40 per year

May 2015

Shadow minister for flooding

previously opposition whip

Save Our Beds

Surgeries every week in constituency

CONSTITUENCY MP: elected by constituency to represent their interests; hold surgeries; raise matters in HOC e.g. Sir Keir Starmer --> Holborn and St. Pancras HS2

SELECT COMMITTEES: Backbench MPs can sit on select committees; scrutinise the government; call witnesses; make recommendations for change; extra £13,000; develop expertise

DEBATE: adjournment debates --> raise matters that concern them or constituency; backbench debates --> Backbench Business Committee 35 days to host in Chamber or W'minster

LEGISLATOR: introduce Private Members Bills in attempt to pass a new law; 2003-2009 there was 10 PMBs; debate proposed legislation

July 2012: 91 Conservatives voted against Lords reform, defying a three-line whip

May 2012: 134 Conservative MPs rebelled by voting against same sex marraige.

Phillip Hollobone: rebelled 11 times

Party Loyalty and Political Ambition

• can influence how MPs scrutinise the executive.
• Labour MPs may be harder on a Conservative govt. as there is more to be gained electorally.
• Someone from the same party is more reluctant --> not in the interest of their career (patronage)

Whips

• forced to make decisions between their constituency and their party
• e.g. Sir Keir Starmer and HS2

                                               HOC                               HOL

Average Age                      50 years                         69 years

Women                               29%                                26%

Youngest                           22 (Mhairi Black)               40 (Baron Wei)

Oldest                                85 (Dennis Skinner)          98 (Lord Carrington)

BME                                   c.4%                              c. 4%

Oxbridge                            30%                               42%

Comprehensive                 42%                               38% 

LGBT                                   35 MPs

Mhairi Black

• "Baby of the House" --> youngest in HOC
• Elected at 20 for SNP
• Openly LGBT "I've never been in"

Lord Wei

• First British-born person of Chinese origin to have become a member of the HOL
• Youngest member of the HOL

Kenneth Clarke

• served under Thatcher, Major and Cameron
• Longest serving member in the HOC
• Father of the House

• HOC has a mandate
  • it is vital that MPs are able to represent a) constituents and b) wider makeup of society

• Younger voters are becoming apathetic
  • Average age in the HOC is 50
  • turnout of 18-24 in 2015 GE = 43%
  • Only 14% of 18-24 year olds will definitely be voting the the 2017 General Election (Polls)

• Many are "career politicians" 
  • only 10% of MPs in 2010 came from a working class industry
  • don't have expertise or understanding of the problems of "ordinary people"
  • e.g. Jeremy Hunt studies PPE at Oxford and now Heath Secretary

• Appointments should be made on merit, not on social representation
  • use expertise to create high quality legislation
    • members of select committees, research, outside experience (e.g. Tony Cunningham)
    • HOC --> Social Issues //  HOL --> business, health, education etc.

• Purpose is to represent constituency, not reflect them
  • e.g. John Woodcock
    • not from Barrow and Furness
    • Put his constituency over Jeremy Corbyn and Nuclear Trident policy

• All female- shortlists neglect merit
  • Copeland by-election was an all female shortlist
  • Criticised as there were others, who happened to be men, that could have been better candidates
  • Also de-values the achievement of a female elected as an MP