6. Makes and passes laws
(Legislation)
Holds Government to
account
Enables the Government
to set taxes
7. The party or parties who
can command the
confidence of the House
of Commons forms the
Government
The Government:
runs Government departments
proposes new laws to Parliament
is accountable to Parliament
8. • Commons, Lords,
Monarch
• Holds Government
to account
• Passes laws
• Enables taxation
• Represents public
• Raises key issues
• Some MPs and some
Lords
• Chosen by the Prime
Minister
• Runs Government
departments and
public services
• Accountable to
Parliament
Government
(Whitehall)
9.
10. The democratically elected
chamber of Parliament
There are currently
650 MPs
All MPs are elected every 5
years
11.
12. The second Chamber, also known as the
revising House
No party, or combination of parties has an
overall majority in the House of Lords
There are also many Cross-Benchers in the
Lords, who are independent of party
Around 760 eligible Peers
13. Scrutinise legislation in detail
Hold Ministers to account through
questions and debates
Debate key issues at length
and in detail
Scrutinise EU legislation
Bring experience to bear on
issues of the day
14.
15.
16.
17. Government and individual
members can propose laws
All legislation proposed by the Government must
be scrutinised by both Houses of Parliament
Members can suggest changes (“amendments”)
at particular stages
Much of the most careful scrutiny goes on in
Committee, particularly in the House of Lords
18. A bill can start in either the Lords or
Commons
Both Houses must agree on a text
Must pass by the end of the Parliamentary
Session (but can sometimes “carry-over”)
Procedures balance need for scrutiny and
Government right to its programme
19. The Government publishes some Bills in draft
form before they are introduced formally in
Parliament
These draft Bills will usually be accompanied by a
Government consultation
They receive pre-legislative scrutiny in
Parliament
The draft Bill will be considered either by an
existing Select Committee or a Committee put
together specially for this purpose
20. Public Bills
◦ either Government or Private Members’ Bills
Private Bills
◦ “legislation of a special kind for conferring
particular powers or benefits on any person or
body of persons – including individuals, local
authorities, companies, or corporations”
(Erskine May)
Hybrid Bills
◦ affect “a particular private interest in a manner
different from the private interest of other
persons or bodies of the same category or
class” (Speaker Hylton-Foster) Eg. Crossrail Bill
21.
22. First substantive proceedings on the Bill,
usually a whole day
Debate on general principles of Bill
Debate will usually be opened or wound up
by Cabinet minister in charge of the Bill
Opponents of a Bill can table a “reasoned
amendment” – statement of reasons why Bill
should be rejected
Often no vote at Second Reading
23. Most Bills committed to a Public Bill
Committee
Some Bills considered “in Committee” on the
floor of the House: known as Committee of
the whole House (CwH)
◦ Major constitutional importance (e.g. Fixed-
Term Parliaments Bill)
◦ Emergency legislation (e.g. Northern
Ireland (St Andrews Agreement) Bill)
Bills can be divided between CwH and PBC –
Finance Bill
24. 1.Take oral and written evidence
◦ Public can submit evidence like a Select
Committee inquiry
◦ Written evidence published on website and
circulated to Members
2.Line-by-line scrutiny of the Bill
26. Can be tabled by any Member of the House
Clerks advise backbenchers and Opposition
front bench on amendments as required
Amendments grouped together to assist
debate
Amendments must be in order: relevant and
within scope
Chair has power of selection of amendments
Not all amendments formally put to decision
Tip: amendment papers can be found on the Bill
pages at www.parliament.uk/business/bills-and-
legislation
27. New version of Bill “as amended in Committee” printed
and debated on the floor of the House
Any Member can table amendments
Grouping and selection as at Committee, but more
stringent
Different order of consideration
◦ New clauses
◦ Amendments to clauses
◦ New schedules
◦ Amendments to schedules
Third Reading:
◦ one hour, immediately after Report
◦ Similar to Second Reading
28. After Third Reading, Bill goes to the House of
Lords
Lords undertakes same process with some
differences
◦ Committee stage in the Lords on the floor
of the House
◦ No programming
◦ Amendments possible at Third Reading
◦ Financial legislation (“Money Bills”) passed
with little scrutiny
◦ No Government majority
29. Either:
◦ No amendments in Lords, straight to Royal Assent
Or:
◦ amendments sent back to Commons for
consideration
◦ Commons can accept, disagree, amend, offer
amendments in lieu
◦ “ping-pong” between Houses can go on for some
time
◦ Bill can be lost on “double insistence”
◦ Reasons Committees
30. Once both Houses
agree the text of a Bill,
submitted to the Queen
for Royal Assent
Speaker announces
Royal Assent in the
Commons
31. The Parliament Act 1911 and the Parliament Act
1949 define the relationship between the
Commons and the Lords in terms of the passage
of legislation
If Commons passes a Bill in two successive
Sessions and the Lords rejects it, it can become
law after the second rejection without the
consent of the Lords
Used very rarely – last was the passage of the
Hunting Act 2004
32. MPs and Lords can introduce their own Bills
In the Commons, MPs can bring in a Bill through
the 10-minute rule
MPs can also enter the Private Members Bill ballot
every session
Members of both Houses can also simply present
new Bills, but they are not guaranteed any
debating time
33.
34.
35.
36. Questions to Ministers
Urgent questions
Opposition and Back-
Bench debates
Adjournment
debates/questions for
short debate
Questions after
statements
37. Select Committees in the
Commons and Lords
conduct detailed inquiries
into direction and impact
of Government policy
All-Party Parliamentary
Groups allow members of
both Houses to find out
more about particular
issues
41. Membership reflects balance of parties
in the House
Since 2010, Chairs elected by House-
wide ballot
Other members elected by their parties
42. “At the office all the morning, where comes
a damned summons to attend the
Committee of Miscarriages to-day, which
makes me mad, that I should by my place
become the hackney of this Office, in
perpetual trouble and vexation, that
need it least.” ~ Sam. Pepys
43. To hold Ministers and Departments to
account for their policy and decision-
making and to support the House in
its control of the supply of public
money and scrutiny of legislation
44. Seek written submissions
Hold public evidence sessions
Visits
Produce reports
Issue can be debated in Chamber following
Government Response
45.
46.
47. Write to an MP or Peer about an issue
Ask an MP to present a public petition
Submit evidence to a Select Committee
Inquiry
Submit evidence to a Public Bill Committee
Visit Parliament – open to everyone!
48. Parliament Explained: Delegated Legislation
8 May 2014, Thatcher Room
parliamentaryoutreach@parliament.uk
0207 219 1650
Don’t forget our evaluation form
49. www.parliament.uk
Lloyd Owen
Head of Campaigns Management, Public
Information and Outreach Service
e:owenl@parliament.uk t:020 7219 7374
www.parliament.uk/outreach
Editor's Notes
general principles of the Bill, not strictly limited to its contents – may include circumstances surrounding Bill or alternative means of attaining Bill’s purpose
Northern Ireland Misc recent example divided committal
Witnesses agreed between Government and Opposition Whips – includes MinisterEvidence can help inform subsequent debate on scrutiny of Bill
Appointed by the Committee of Selection; usually 18 Members but can be more or fewerProportions reflect political composition of the Commons as a wholeJunior minister in charge of the Bill, Government Whip, Opposition spokesman, Opposition Whip, + backbenchersChaired by a member of the Panel of Chairs, senior backbench MPs appointed by the SpeakerGenerally meet mornings and afternoons, Tuesdays and ThursdaysUsually managed by a clerk in the Public Bill Office
Only member of PBC can move an amendment New version
Scope limited to contents of the BillTheoretically possible to move reasoned amendment but extremely rare
Clerk walks the hard copy and is received by a clerk in the LordsBill endorsed in Norman French by the Clerk of the House and accompanied by a Message
Both Houses have to agree on exact text of every Bill
RA a matter of course; no Bill has been refused since 1707/8 – Queen AnneFormula is “La Reyne le veult” (“The Queen consents”); formula for rejection is “La Reyne se avisera” (“The Queen will take advice”: i.e. “no”)
1949 act reduced delaying powers of the Lords
Different types of select committeeIn the Commons: Departmental (one per Government department)Other scrutiny Committees – PAC (the Environmental Audit (cross cutting); Political and Constitutional Reform; PASC; European Scrutiny; SCSI; Reg ReformJoint Committees – Joint Committee on human rights; JCSITemporary Committees (one house or both) with specific orders of reference, e.g. to examine a draft Bill and reportAnd there are internal Committees eg Liaison Committee, Administration Committee, Procedure Committee, Committee on Standards, Committee on Privileges, Committee of Selection (described as “a committee whose job it is to meet”)Added to which, in 2011 a new breed of Parliamentary investigatory body was established: the Parliamentary Commission. Distinguished from committees which are established by statute rather than by order of either House, and whose members are appointed or nominated by means other than by vote of that House: House of Commons Commission; Public Accounts Commission; Speaker’s Committee on the Electoral Commission; SCIPSA; Ecclesiastical Committee; Intelligence and Security Committee.All this goes to illustrate the complexity of the select committee system in both Houses.
Departmental select committees are appointed to scrutinise the spending, policy and administration of Government departments. They are one of the most widely known and public means by which Parliament holds Government —and, increasingly, bodies outside Government—to account
History of select committees (briefly, main point being they did not start in 1979)The departmental select committee system is so well-established that it is often forgotten that it was set up just over thirty years ago, at the beginning of the Thatcher administration. The Leader of the House in MT’s first Cabinet, Norman St John-Stevas, is credited with proposing and driving through the establishment of the modern select committee system in 1979. Committees were appointed by the House to examine various matters as early as the reign of Charles I, and by 1668 a committee of the Commons had taken the bold step of launching an inquiry into the conduct of an entire war.The Dutch raid on the English fleet in the Medway in June 1667 was a political and military catastrophe: the flagship of the English fleet, the Royal Charles, was captured and hauled off to Amsterdam. The transom of the ship is still on display in the Rijksmuseum as a war trophy.The English swiftly sued for peace and in return got to keep a small settlement on an island off the eastern seaboard of the North American continent, then named New Amsterdam.A Committee “to inquire into the Miscarriage of Affairs in the late War” was set up by the Commons. It wanted answers, many of them from one Samuel Pepys, Clerk of the Acts of the Navy Board. It is clear from an entry in Pepys’ diary for February 1668 that the Committee, reaching the end of its investigations, had called him back once too often to answer questions on matters which had not been his responsibility. Present-day civil servants may have some sympathy with him.
In May 2002 the Liaison Committee proposed core tasks for select committees. Designed to ensure that select committees to carry out the full range of activities currently open to them. Agreed to by the House: provide a framework for Committee activity.Updated in 2012 by Liaison Committee report on Select Committee effectiveness, resources and powers. What select Committees do not doDo not have executive authority for example, can hold a pre appointment hearing, but do not make the final decision about who will be appointed. The Government does this. Do not have a formal legislative role. In this way very different from, for example, US Congressional Committees and committees of the Scottish Parliament(Although do carry out pre-legislative scrutiny)Do not have a role in voting for or against budgetary items decisions, although they do scrutinise Departmental accounts