Parliament The Legislative

Don’t forget your triangle Executive LEGISLATVE Judiciary

What is Parliament?  The Mother of all Parliaments est. 1265

Task  How does Parliament differ from Government?  Can you think of the main functions of Parliament?  Is there much of a point to Parliament if the majority party always controls the agenda in the House of Commons and the House of Lords is full of unelected fuddy duddies!

Functions of House of Commons Legislation Representation Scrutiny Forum for Debate Recruitment of Government

Task  For each function of Parliament write a definition:- For instance  Representation: The House of Commons represents the people of the United Kingdom, it has been elected by them and is therefore representative and democratic.

Representation  Parliament is not truly representative as it is dominated by White, Middle Class Men  One of the criticisms levied at the election of Ming Campbell as leader of the Lib Dems is that he like Tony and David is a White, MC, Male!!  Also professions such as lawyers, journalism and teaching are over represented as they require good communications skills

Facts and figures  120 Women MPs in 2001  12 Black or Asian MPs in 2001  70% aged between 40 and 59  2.3rds are Graduates  64% of Cons MPs attended Private School (17% of Labour and 35% of Lib Dems)  4/5ths have a professional background, only 12% of Labours MPs have a manual background

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

Constituencies  HoC consists of 659 MPs, each from a different area or CONSTITUENCY  Role of MP: Social Welfare – looking after housing, health and Social Security problems – contacting relevant ministry, agency, QUANGO on their constituents behalf, or asking a question in Parliament  Promoters of local interests – i.e. Adam Afriyie’s policy of preventing night flights to Heathrow

Representation of Interests  A grey area this one  Sponsorship of election candidates by Trade Unions  Payments of fees to MPs to act as advisers  Lobbying  Part-time interests in outside occupations such as Company Directors

Register of Interests  A check on declining ethical standards of MPs  ‘Cash for Questions’ (Mohammed Al-Fayed gave Neil Hamilton £25k)  Nolan Committee (1995)  Appointment of a Parliamentary Commissioner for standards – i.e. investigation into Neil Hamilton’s failure to declare hospitality or register cash payments  Also Michael Trend former MP for Windsor claiming allowance for a house in London, despite spending all his time in Windsor

Legislation  Green Paper – A consultative document, before Govt commits to legislation  White Paper – A firmer statement of Government intention  Bill – A bill is a draft Act of Parliament  Act – Once a bill has been passed through Parliament it becomes an Act  Public Bill – Affects the whole country  Private Bill – Affects only part of the country

Route of Legislation Green PaperWhite Paper1 st Reading2 nd Reading Committee Stage Report Stage3 rd ReadingHouse of Lords Royal Assent

Route of Legislation Green PaperWhite Paper1 st Reading2 nd Reading Committee Stage Report Stage3 rd ReadingHouse of Lords No debate Principle debated on floor Clause by clause in Standing Committees Amendments Considered Process repeated in Lords

Route of Legislation 1 st Reading2 nd Reading Committee Stage Report Stage3 rd 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

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

Private Members Bills  The Executive has a full role in the origination, formulation and implementation of a bill  Parliament has only a negligible role here – except as a Private Members Bill  In an annual ballot, 20 members have the opportunity to introduce their own Bills  These can be on any issue – Stephen Twigg initiated a ban on fox hunting in 1997, which failed – Generally strong social issues with a strong moral dimension – cut across party lines

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

Limitations  They are not to require the use of public money  Lack of time – only the first half dozen of the 20 bills have any real chance  The whips can destroy a bill if the Government is opposed  Although Private members Bills have succeeded in changing the law on capital punishment, abortion, seat-belts in front seats and divorce

Scrutiny  Governments and therefore the Executive are accountable to Parliament  Can you think of the various ways Parliament can control the Executive?

Main methods of Scrutiny Early Day motions Questions Debates Select Committees Correspondence with Ministers

Questions  Backbenchers may submit oral or written questions  These and the answers are recorded in Hansard  Ministers reply to questions daily  PMQT – MPs may ask one question and one unscripted supplementary question

Debates  General Debate – Queens Speech, No confidence motions  Adjournment Debates – General Constituency issues  Private Members motions  Emergency Debates

Select Committees  Scrutinise away from the floor  Powers to send for papers, persons and records  Includes 16 Departmental Select Committees (DSC’s – Public Accounts, Public Administration, European Legislation, Standards and Privileges)  Part balance reflects floor of House

HoC reform - Task  Why would the House of Commons need reforming?  Can you think of any ways the House of Commons can be reformed?  Research - What was the Nolan Committee and why did it’s findings inspire New Labour?

Blair’s reforms  PMQT – moved from 2, 15 minute sessions on Tuesdays and Thursdays, to 1, 30 minute session on a Wednesday  Why?  Blair now also appears regularly in front of the Liaison Committee  Select Committee on reform of the House of Commons has been set up  Robin Cook – changed for example the working day

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

The House of Lords  The British Parliament is Bicameral  i.e. there are two chambers  Reform of the Upper Chamber has been a key feature of the Blair Government  Why?

Functions of House of Lords Deliberation Legislation Scrutiny Supreme Court of Appeal

Legislation  After Parliament Act (1911), the lords lost it’s right to delay or amend finance bills  But, retained the power to delay non-money bills for up to two sessions (reduced to one in 1949)  The Lords does not oppose measures included in the manifesto (Salisbury Convention)  But, it retains a valuable right to amend bills, with around amendments made in any Parliamentary session

Deliberation and Scrutiny  Scrutiny through Select Committees and questions are more effective than debates  Select Committees have embarassed Govts. Such as Unemployment Committee (1984) and Science Committee (1991)  The European Committee is much more effective for scrutinising EU legislation

Supreme Court of Appeal  What do you think this means?  The House of Lords, not only contributes to the law, but also adjudicates on the law  Do you think this is a contradiction?

Composition  Who sits in the Lords?  Formerly Lords Temperal (Hereditary Peers) and Lords spiritual (Archbishops)  Life Peerages Act (1958), created Life Peers  Life peerages are normally retired long serving MPs – “The House of Lords proves there is life after death” Grimond

Reform of the House of Lords  Does the House of Lords needs reform?  If yes how would you do it?  Would you abolish the Lords and form a Unicameral legislature?  Would the primacy and legitimacy of the House of Commons be challenged by a democratically elected Lords?

Labour’s Reforms  Stage One –Remove all but 92 Hereditary Peers –By 2002 there were 217 Cons, 188 Lab, 66 Lib Dem and 177 Crossbenchers, plus 24 Archbishops  Stage Two –Errr haven’t quite figured that one out yet –Research the Wakeham Report

Commons All-Party Select Committee  Formed to issue a report on options for reform  Stated that it should sit for a 12 year term  Reported in 2002, 5 desirable qualities –Legitimacy –Expertise –Representativeness –Independence –Absence of domination by one Party

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