WEEK : 3 The Legislature Joy Johnson

Readings Morrison essential public affairs for journalists Ch 2 Peter Dorey Policy Making in Britain Governing with a Coalition, Bogdanor Ch 6/7 Anthony King The British Constitution Developments in British Politics, Heffernan, Cowley & Hay Ch 3 Coalition Agreement The Politics of Coalition, Hazell and Young, Ch 6 2

3 Issues for this week 1.Composition and role of the Commons 2.MPs backbenchers 3.Reforms of the Commons 4.Role of the Lords 5.Reforms (incl. Est. Supreme Court) 6.Stages in both houses for passage of a Parliamentary Bill 7.Who are the key players? 8.What are the procedural events in both Houses

4 FUNCTIONS OF LEGISLATURES EXECUTIVE PARLIAMENT Support government Provide ministers Consider legislation Scrutinise decisions CITIZENS

5 EXECUTIVE – LEGISLATIVE RELATIONS  Majority status + Party discipline = Executive dominance Hung parliament – coalition government Minority government - whipping MPs to get votes through Minority government – confidence and supply No confidence vote Weak Prime Minister – backbench strong  Absence of party discipline  Bargaining with MPs for support (Britain in mid-19 th century)

6 THE ROLE OF PARLIAMENT Provides link between electoral preferences and government decisions Coalitions within the Coalition Majority government - opposition MPs have little power Constraint on government from their own side Where government depends on coalition building, legislature tends to be stronger viz a viz the executive (but is it?)

MP’s Expenses scandal Rocked Parliament Rebuild trust Reform of the House of Commons Reduce the power of the whips 7

Reform of the House of Commons members and chairs of select committees now elected by fellow MPs not appointed; reduced the power of the whip. Deputy Speaker and chairman of ways and means elected – not only deputises for the speaker but takes the chair for the budget statement. 2 other deputy speakers – one Tory one Labour 8

Speakers’ team 9

Definition of Ways and Means The phrase 'ways and means' comes from a committee of the House of Commons which used to consider the 'ways and means' of raising tax revenue for the Government. Nowadays, the Chairman of Ways and Means is a senior MP who is also one of the Speakers' three deputies The Budget debate is always chaired by the Chairman of Ways and Means. 10

Speaker – order order Controls the Chamber Tensions 11

Attempting to control the House http:// http://

Deputy Speaker chairing tax avoidance debate of_commons/newsid_ / stmhttp://news.bbc.co.uk/democracylive/hi/house_ of_commons/newsid_ / stm 13

14 SELECT COMMITTEES Background Established in 1979 Shadows govt departments Public Accounts Committee; Weaknesses Cannot compel attendance of ministers/officials Reports not mandatory Lack resources Reform - Membership now elected Whatever reality the media refer to them as powerful

Select committees Shadows government departments Has the power to call for witnesses and papers Evidence taking in public Elections – reduces power of the whips Useful website ees/select/ ees/select/ 15

Foreign Affairs select committee Dr. David Kelly questioned on whether he was the source for the BBC journalist on government dossier on Saddam Hussein 16

Timeline for events - Dr. David Kelly 789/David-Kelly-timeline.htmlhttp:// 789/David-Kelly-timeline.html Useful website 17

Most humble day of my life news/article/ http://news.sky.com/home/uk- news/article/

BSkyB bid and special adviser apr/26/permanent-culture-secretary-news- corp-videohttp:// apr/26/permanent-culture-secretary-news- corp-video 19

Treasury select committee of_commons/newsid_ / stmhttp://news.bbc.co.uk/democracylive/hi/house_ of_commons/newsid_ / stm (Barclays’ chairman resigns – Libor scandal and Bob Diamond’s severance pay) 20

Business in the House The main business in the Commons is usually a set-piece debate on some area of government policy, often involving a series of motions and orders, or a stage of a new bill 21

Business in the House Business questions to the Leader of the House on Thursday morning Government business Some opposition days Ministers summoned to the House to answer questions outside of regular question time 22

Urgent Questions MPs can apply to the Commons Speaker for permission to ask an Urgent Question in the House that same day. Recent example – executive pay y/urgent-question-on-executive-pay/ y/urgent-question-on-executive-pay/ 23

Statements to the House of_commons/default.stmhttp://news.bbc.co.uk/democracylive/hi/house_ of_commons/default.stm 24

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Passage of a Bill A bill is a proposal for a new law, or a change to an existing law It can be introduced in either the House of Commons or the House of Lords. Once a bill has been examined and debated and both Houses agree on the content, it is then presented to the Queen for approval. Royal Assent Once given Bill becomes an Act of Parliament 26

Passage of a Bill Readings in the Commons Chamber – 2 nd reading opportunity for debate Scrutiny – committee stages report stages Guillotine 3 rd and final reading See diagram below 27

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Useful link

Key actors The Speaker Leader of the House Chief Whip Chairs of Select Committee Usual channels (conversation between govt and opposition) 30

Non elected actors The Serjeant at Arms is responsible for security and keeping order within the Commons part of the parliamentary estate. 31

Clerk of the House 32

Black Rod 33

House of Lords Revising Chamber Scrutinises bills line by line Can result in ‘Ping Pong’ when a Bill goes between Commons and the Lords Shouldn’t usurp the business of the Commons Parliament Act 34

Lord Speaker The Lord Speaker elected by peers. She or he is elected for five years - and can serve no more than two terms. presides over the proceedings of the Upper House cannot call Members to order or select who speaks 35

Constitutional crisis averted but Lords now more assertive 36

Archaic terms brought back to life Constitution reform bill on electoral reform and reducing the number of MPs saw archaic terms brought back to life Coalition accused Labour opposition of ‘filibuster’ Labour accused coalition of political ‘gerrymandering’ 37

38 LEGISLATIVE PROCESS 1 st READING 2 nd READING COMMITTEE REPORT 3 rd READING 1 st READING 2 nd READING COMMITTEE REPORT 3 rd READING ROYAL ASSENT

39 NON-ASSENTING HOUSE OF LORDS? Lords amend Bills  : 29 defeats (eg. 42 day period of detention without trial) If Lords amend a Bill …  Government backs down; or  Rejects amendment  Nuclear option: Parliament Act War crimes (1991) Euro Parliament elections (1999) Age of consent (2000) Fox hunting (2004)

40 POWER RELATIONS WITHIN PARLIAMENT Commons dominant over Lords Executive dominant over legislature  Blair not defeated in 1997, 2001 parliaments  But defeated four times in 2005 parliament: - Terrorism Bill - Incitement to Racial & Religious Hatred Bill Government dominant over Opposition  Of 170 ‘sitting days’, just 20 controlled by opposition

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Cameron defeated over Europe urope/eu/ /David-Cameron-defeated- over-Europe-in-House-of-Commons- vote.htmlhttp:// urope/eu/ /David-Cameron-defeated- over-Europe-in-House-of-Commons- vote.html 42

SUMMARY  Formally, parliament is ‘sovereign’  In practice, executive dominant over legislature  But is legislature weaker today? - Concessions forced by backbenchers - Assertive House of Lords - Better scrutiny, via Select Committees  large government majorities exacerbate executive dominance  Coalition work in progress 43

44 REFORM OF HOUSE OF LORDS 1911Veto became delay 1949Delay reduced to one year 1958Life peers introduced 1999Hereditary peers removed (except for 92) 2000Royal Commission on Lords Reform 2012 Clegg concedes defeat and abandons House of Lords reform

New Labour House of Lords reform – Tony Blair abolished hereditaries (except 92 elected by their peers) The rest appointed Parties seeking parity to avoid defeat in the Lords 45

46 WAKEHAM’S PROPOSALS Powers Retain the ‘suspensory’ veto; no ‘absolute’ veto Composition Wakeham concerned direct election So most members to be appointed; minority (c15%) to be elected

Lords in full ermine Proposals for wholly or partly elected second chamber 47

Reform of Lords (2) Coalition agreement) to produce a wholly or mainly elected second chamber, using proportional representation (PR) system. 48

Reform of House of Lords Debate on sovereignty – primacy of the House of Commons Outside experts lost if there were to be elections Unlikely opponents Clegg defeated – Cameron had too much opposition from his own backbenchers and wouldn’t support (Coalition Agreement) 49

SQtwcV4TbLs 50

Separation of Powers 51

Supreme court 52

Issues Consequences of the coalition Has the nature of the House of Lords changed Boundary changes 53

Seminar Reading/questions Reading. The Politics of Coalition, Hazell and Young, Ch 6 Morrison essential public affairs for journalists Ch 2 Parliamentary visit - account 54