The role and function of Parliament

1
The role and function of Parliament

• House of Commons
• House of Lords
• Functions of Parliament

2
House of Commons

• All MPs win their seat in the same way
• The HOC consists of 646 MPs (not fixed and varies
  depending on the constituency)
• Each MP is elected by a single-member
  parliamentary constituency using the FPTP voting
• MPs are almost always representatives of a party
  and are subject to a system of party discipline
  (only 2 independents in 2005)
• Most MPs are categorised as backbenchers while a
  minority are categorised as frontbenchers

3
Powers

• The HOC is politically and legally the dominant
  chamber of Parliament
• There is a difference with formal powers of the
  HOC enshrined in law and the constitutional
  theory
• HOC has supreme legislative power in theory the
  Commons can make, unmake and amend any law it
  wishes with the House of Lords only able to
  delay. The legal sovereignty exercised in
  practice by the Commons (subject to higher
  authority of EU Laws and treaties)
• The HOC alone can remove the government of the
  day Convention of collective responsibility. A
  government defeated in the Commons on a major
  issue or a matter of confidence is obliged to
  resign or to call a general election

4
House of Lords

• Complex Four distinct bases for membership of
  the House four types of Peers
• Controversial None of these peers are elected.
  They stem from HOL Act 1999 which removed most of
  the previously dominant hereditary peers
• Why didnt the Labour Government like Hereditary
  Peers?

5
Life Peers

• Entitled to sit in the Lords for their own
  lifetimes
• They are appointed under the Life Peerages Act
  1958
• Appointed by the PM with recommendations by
  opposition leaders
• Since 2000 a number of so called peoples peers
  were appointed on basis of individual
  recommendations made to HOL Appointments
  Commission.
• Life peers dominate the work of the Lords
  numbering 600 out of 721

6
Hereditary Peers

• These peers hold inherited titles which also
  carry the right to sit in the Lords.
• Descending order Dukes Marquises Earls
  Viscounts Barons (and female equivalents)
• Once there were over 700 but since 1999 only 92
  permitted to sit.
• These 92 were elected by all hereditary peers in
  the unreformed HOL

7
Lords Spiritual

• These are Bishops and Archbishops of the CofE
• Collectively referred to as Lords Spiritual
  (other peers collectively known as Lords
  Temporal)
• 26 in total
• Traditionally appointed by PM on basis of
  recommendations by CofE
• G. Brown wants this power to be transferred from
  the PM

8
Law Lords

• Technically known as Lords of Appeal in the
  Ordinary
• 12 Most senior judges in the UK
• Entitled to sit in Lords but their judicial work
  is carried out through the Appellate Committee of
  the HOL
• They will work in the Supreme Court from 2009

9
Powers

• Lords can delay bills passed by the Commons for
  up to one year. Lords cannot delay money bills
• and cannot delay bills by the so-called Salisbury
  convention a governments manifesto pledges
• Lords possess veto powers not overridden by
  Commons
• The extension to the life of Parliament (delays
  to general elections
• The sacking of Senior Judges which can only be
  done with consent of both houses
• The introduction of secondary legislation
• Highest Court of Appeal in the UK through the
  Law Lords they can hear appeals from the Court of
  Appeal or in major cases from lower courts.
  (power now subject to European Court of Justice)

10
Functions of Parliament

• Provides personnel for the government
• Training
• Representational
• Legislative
• Legitimating
• Financial
• Debating
• Scrutinising of the executive
• Judicial
• Benefits of Westminster model of Parliament