Topic 7 - Parliament

11/10/22, 12:53 AM Topic 7 – Parliament
Topic 7 – Parliament
Site: Undergraduate Laws VLE Printed by: PREM KAUR BAHAL SINGH
Module: Public law 2022-23 Date: Wednesday, 9 November 2022, 4:52 PM
Book: Topic 7 – Parliament
https://laws.elearning.london.ac.uk/mod/book/tool/print/index.php?id=20866 1/22
Table of contents
Learning outcomes
Topic reading
Introduction
Mini lecture
Quick quiz
7.1 The House of Commons – composition
7.2. Key positions in the House of Commons
7.3 The House of Lords – composition
7.4 House of Lords reform
7.5 Relationship between the House of Commons and the House of Lords
Learning activity 1
Learning activity 2
Examination tips
Exam question activity
Further reading
Learning outcomes
After completing the study of this topic, you should be able to:
Outline the composition of Parliament with some detail in relation to both the House of Commons and House of Lords
Explain the various functions of Parliament
Understand and describe the relationship between the two chambers
Describe the debate around reform of the House of Lords
Topic reading
Essential reading
The ‘Parliament Explained’ series of podcasts provides a useful introduction to various aspects of the workings of Parliament in a straightforward and engaging
manner. This is a good starting point, especially for those unfamiliar with Westminster.
Key legislation
Parliament Acts 1911 and 1949.
Fixed-term Parliaments Act 2011.
Parliamentary Voting and Constituencies Act 2011.
Early Parliamentary General Election Act 2019.
Introduction
The Queen-in-Parliament is the sovereign law-making body within the United Kingdom. Formally expressed, the Westminster Parliament thus comprises the monarch, the
House of Lords and the House of Commons. This is a bicameral system, which means simply that there are two chambers, the Commons and the Lords, and that generally
the decisions in one chamber have to be approved by the other. Thus the two-chamber system operates as a check and balance within the legislature itself. The legislatures
of most states have two chambers, although the composition and means of election and/or appointment can vary significantly from one to another. New Zealand is an
example of a single House or chamber legislature: the New Zealand House of Representatives.
Although we often think first of Parliament as predominately a legislature (or law-making body), it is important to recognise that it is multi-functional. Both chambers do have a
legislative role (although not equal powers) and each plays a part in ensuring accountability of the government through scrutiny. Both chambers also discuss and debate
current issues affecting the nation and it is in this context that Parliament is sometimes described as a forum for debate.
As explained earlier, the nature of a parliamentary executive is that the members of government (the Prime Minister and other ministers) also hold a seat in one or other of
the Houses of Parliament. This links back to an earlier discussion of separation of powers in the UK in Topic 4.
In this topic, we will look at the composition of Parliament and, in particular, issues around House of Lords reform.
Mini lecture
07:42
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Quick quiz
After having watched the Topic 7 – Mini lecture, take this quiz to test your understanding of the content.
Which of the following is false?
 There are 26 Bishops in the House of Lords
 All members of the House of Commons are elected
 The Law Lords no longer sit in the Parliament
 All members of the House of Lords are Hereditary Peers
7.1 The House of Commons – composition
The House Commons is the ‘lower’ but more powerful chamber in the Westminster Parliament. It is composed of 650 Members of Parliament (MPs) who each represent a
single constituency – a geographically defined electoral area.
MPs are directly elected by the ‘first past the post’* (or simple majority) system every five years on the first Thursday in May according to the provisions of the Fixed-term
Parliaments Act 2011.
* ‘First past the post’: the simple majority system means that an MP is elected if they have more votes than any other candidate (not more than all others combined).
The first election under the Fixed-term Parliaments Act 2011 was on 7 May 2015 and the next was, under the terms of the legislation, scheduled to be in 2020 but there have
been two ‘early’ elections in the interim. In 2017 one of the exceptions in the Fixed-term Parliaments Act 2011 – that an early election could be held if ‘two thirds of the whole
House’ vote in favour of a dissolution – was definitively met (with 522 votes for and only 13 against) and an election was held on 8 June 2017.
Another ‘early’ election was held on 12 December 2019 under rather different circumstances. On this occasion, there were several divisions† in the Commons on holding an
early election and, under the terms of the Fixed-term Parliaments Act 2011, an insufficient number of MPs voted in favour of this. The general election of December 2019
was brought about instead by the enactment of the Early Parliamentary General Election Act 2019. This short statute simply allowed for a general election to be held on 12
December 2019 and, as with any other Act of Parliament, required only a simple majority (51 per cent) in the Commons rather than the two-thirds majority required to hold an
early election under the provisions of the Fixed-term Parliaments Act 2011.
† Divisions: in the Houses of Parliament, members’ votes (in favour or against a motion) are counted during ‘divisions’. During a division, members of the Houses literally
divide into two separate areas. These are called the Aye and No lobbies in the Commons and the Contents and Not Contents lobbies in the Lords. As they pass through
the lobbies, the members have their names recorded by clerks and are counted by tellers. Once the lobbies are empty the Speaker (Commons) or the Lord Speaker
(Lords) announces the result of the division.
Read further detail on Divisions on the UK Parliament website.
At the end of each session of Parliament the House is prorogued which means it is formally adjourned.
Referendums are examples of direct democracy. This is rarely practised in modern day states for predominately practical reasons. Instead, we have adopted a system
of representative democracy in which the electorate (in the UK there is universal adult suffrage with a few limited exceptions) votes for representatives, in the form of MPs,
to make decisions on its behalf.
Study task 1
Use www.legislation.gov.uk to look up and read the Fixed-term Parliaments Act 2011 and the explanatory notes and then consider the following question.
What changes were brought about by the enactment of the Fixed-term Parliaments Act 2011 and how might these be viewed as significant, both practically and
constitutionally?
Show feedback
The Fixed-term Parliaments Act 2011 limited the power of the Prime Minister to call a general election by providing for fixed days for polls for parliamentary general
elections. This could be viewed in constitutional terms as a significant surrender of power on the part of the PM (then David Cameron) which followed from a commitment
in the Coalition Government's (2010-15) Programme for Government to 'establish five-year fixed-term Parliaments'. (see The Coalition documentation). The first election
following the Act was on 7 May 2015.
The Act removed the prerogative power (exercised by the Queen but on the advice of the Prime Minister) to dissolve Parliament and instead put the dissolution of
Parliament on a statutory footing.
It did not, however, affect the principle that the government rests on the confidence of the House of Commons for its continued holding office. A government may still be
turned out of office by MPs passing a 'vote of no confidence'. In this it arguably it translated a convention (in relation to collective responsibility) into statute with regards a
vote of no confidence in the government.
An early election under the Act can be triggered if the House of Commons passes a motion of no confidence in the government (and no new government could be formed
within 14 days) or if the House of Commons voted by a two-thirds majority of all MPs for an early election (which happened in 2017).
NB: There are currently plans to repeal this legislation – see the Draft Fixed-term Parliaments Act 2011 (Repeal) Bill.
The Fixed-term Parliaments Act 2011 contains a requirement that:
The Prime Minister must make arrangements—
(a) for a committee to carry out a review of the operation of this Act and, if appropriate in consequence of its findings, to make recommendations for the
repeal or amendment of this Act, and
(b) for the publication of the committee’s findings and recommendations (if any).
This Committee had to be established no later than 30 November 2020 and, in line with these provisions, a joint committee composed of 14 MPs and six members of the
House of Lords was appointed in November 2020 and was due to report on 26 February 2021. You can read more about the Joint Committee on the Fixed-Term Parliaments
Act and its work.
The Committee’s Report was published on 24 March 2021.
The Government’s response to the Joint Committee’s report was published on 12 May 2021 when the Dissolution and Calling of Parliament Bill 2021–22 was introduced.
7.1.1 Code of Conduct for Members of Parliament

The current Code of Conduct for Members of Parliament is based on the Seven Principles of Public Life, as set out by the Committee on Standards in Public Life: they are
selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The House of Commons Committee on Standards published a report on 29 November
2021 on its initial proposals for reforming the Code of Conduct for Members of Parliament and is currently consulting on this – the consultation is set to close in January
2022. For further detail and to follow the progress of the inquiry, see Code of Conduct consultation.
Recent matters have highlighted concerns about Members of Parliament (MPs) being involved in consultancy roles, lobbying or holding other jobs in addition to their
parliamentary role. This was prompted, in particular, by an investigation by the Parliamentary Commissioner for Standards following media reports alleging that an MP, the Rt
Hon Owen Paterson, had actively lobbied on behalf of companies for whom he was a paid consultant. The Commissioner found that Owen Paterson had breached the rules
on paid advocacy, declarations of interest and use of parliamentary resources. The Committee on Standards subsequently held an inquiry into these matters and, in their
report, largely agreed with the Commissioner’s findings.
Read the short but insightful article on MPs holding second jobs.
Study task 2
Find out (a) which Act of Parliament allowed for the referendum on the alternative vote electoral system (the result of which was legally binding and thus differs from the
more usual – in the UK – ‘advisory’ referendums), and (b) the result of the referendum.
Show feedback
a. Parliamentary Voting and Constituencies Act 2011 (specifically s.1).
b. The result of the referendum was that 67.9 per cent of voters opposed changing the electoral system to the alternative vote.
For further detail see: 'Vote 2011: UK rejects alternative vote' on the BBC News website and the Research Briefing on Alternative Vote Referendum 2011 on the UK
Parliament website.
7.2. Key positions in the House of Commons
The House of Commons is made up of the governing party, which is the political party (or, in the case of a coalition government, the political parties) that secures the highest
number of seats at the election, and the opposition parties.
During your reading and studies you will encounter some terms that are likely to be new to you, for example, in relation to parliamentarians you will hear frequent references
to ‘backbenchers’ and ‘frontbenchers’. The way in which both the chambers are designed is such that there are rows of benches on each side facing one another (in an
adversarial manner) – on one side sits the government and on the other (opposite) sit the opposition parties. At the front of these rows of benches sit the government
ministers (on one side) and ‘Her Majesty’s official opposition’, some of whom are also referred to as the ‘shadow cabinet’ (on the opposite side). Behind these ‘frontbenchers’
sit all the other MPs (known as the ‘backbenchers’).
Note that the House of Commons Disqualification Act 1975 limits the number of salaried government ministers in the House of Commons to 95 (but this does not include
parliamentary private secretaries).
Study task 3
Look up the following positions on either the Parliament website or the Government website and find out what their roles involve, whether or not they are a member of
government and who the current post holder is:
a. Leader of the House of Commons

b. Speaker of the House of Commons
c. Chief Whip.
Show feedback
a. Leader of the House of Commons (from government)
Government minister whose main role is organising government business in the Commons.
Does this by working closely with the government’s Chief Whip.
b. Speaker of the House of Commons (elected by House) and assisted by Deputy Speakers
Regulates the proceedings of the Commons.
Representative of the Commons in relations with the Crown, the House of Lords and other bodies outside Parliament.
The Speaker must act with political impartiality.
c. Chief Whip
Official title is Parliamentary Secretary to the Treasury.
Member of Government responsible for administering the whipping system that ensures that members of the party attend and vote in Parliament as the party
leadership desires. See Parliamentary Secretary to the Treasury (Chief Whip) on the Parliament website.
7.3 The House of Lords – composition
The House of Lords is the ‘upper’ or ‘second’ chamber in the bicameral system of the Westminster Parliament. It is the older of the two chambers of Parliament and
historically membership was limited to hereditary peers and representatives of the Church of England (the bishops).
Members of the House of Lords are known as peers. The members of this chamber are not elected by the public – the House of Lords is composed entirely of appointed
members, both hereditary peers and life peers. Most are appointed by the Queen on the advice of the Prime Minister. Some, however, are non-party political members
recommended by the House of Lords Appointments Commission which is an independent body established in 2000 ‘to make nominations for membership of the House of
Lords to the independent cross benches and is also responsible for the vetting for propriety of all nominations to the House, including candidates for party political
membership’.
For further detail see the House of Lords Appointments Commission.
Unlike the House of Commons, the membership numbers of the House of Lords are not fixed. There are approximately 800 members. In January 2017 the total membership
of the House was 839. At the time of writing there are 793.
Study task 4
Before reading on, look at the composition of the House of Lords and compare the membership by political party with that of the Commons on the Lords Membership
page on the Parliament website.
You will have noticed two of the most important differences between the Houses: the governing party does not usually have a majority in the Lords and, even more
significantly, there is a sizeable group of peers referred to as ‘crossbenchers’, who do not support any particular political party. These factors combined can be viewed as
enhancing the contribution to independent thought and experience in the Lords which is viewed as one of its major strengths when contrasted with the more adversarial and
party political focus in the Commons.
Figure 7.1 Composition of the House of Lords (Image sourced from Parliament website – figures relate to the House of Lords Library Briefing, ‘House of Lords: Statistics on Size and
Composition — November 2019’)
7.4 House of Lords reform
Reform of the upper Chamber is often discussed as if it began with the House of Lords Act 1999, which did indeed bring about a major change as a part of the wide-ranging
constitutional reform programme under the ‘New Labour’ government of 1997 to 2010). In reality, the House has experienced numerous and varied reforms over its long
history.
What follows in this section is a summary of some important reforms brought about via legislation.
7.4.1 History of Lords reform: summary of key legislation

Appellate Jurisdiction Act 1876 – allowed for the appointment of Judges of the House of Lords (known as the Law Lords).
Parliament Acts 1911 and 1949 – removed the House of Lords legislative veto and replaced with one of delay. Consolidated the primacy of the House of Commons.
Life Peerages Act 1958 – allowed for the creation of life peers (both men and, for the first time, women) who would be entitled to sit and vote in the House of Lords
and whose peerages would expire on their death and not pass on to their heirs or successors.
Peerage Act 1963 – enabled hereditary peers to disclaim their peerage for life. Also permitted peeresses to sit in the House in their own right.
House of Lords Act 1999 – removed most of the hereditary peers. The ‘Weatherill amendment’ allowed for two office-holders (the Earl Marshal and the Lord Great
Chamberlain) and 90 elected hereditary peers to continue as members of the House.
Constitutional Reform Act 2005 – after the Supreme Court was established in October 2009, members of the House of Lords Appellate Committee (the Law Lords)
were no longer entitled to sit in the legislature.
House of Lords Reform Act 2014 – this was a Private Members’ Bill (which had the benefit of government support). It allows members of the House of Lords to retire
or resign permanently. It also provides that members who did not attend and those convicted of serious offences should cease to be members of the House of Lords.
7.4.2 Future reforms?

Following the obvious lack of consensus on the extensive reform proposed in the draft House of Lords Reform Bill in 2012–13, which was intended to introduce a much
larger elected element into the House of Lords by 2025, the Bill was subsequently withdrawn. The Joint Committee, which was created to scrutinise this Draft Bill, also failed
to reach agreement. The appetite for further large-scale reform of the Lords subsequently waned and there was recognition that little consensus could be found.
Instead, more modest reforms came about both via the House of Lords Reform Act 2014 and, more recently, through proposals stemming from the Lord Speaker’s
Committee on the size of the House. These reforms comprised an attempt to reduce the size of the Chamber and have had some success in achieving this in a more
pragmatic and incremental manner.
You can read further information about the reform proposals and various reports published by the Lord Speaker’s Committee.
Study task 5
Think about what advantages an unelected chamber adds to scrutiny of government.
Show feedback
Expected answers would include reference to the fact that the existence of the cross-benchers and lack of government majority in the House of Lords tends to lead to
less partisan and more independent thinking and debate.
7.5 Relationship between the House of Commons and the House of Lords
It is interesting, and indeed reflects the nature of the UK’s constitution more generally, that the relationship between the two Houses in the bicameral Westminster Parliament
is governed by both law and convention.
7.5.1 Parliament Acts 1911 and 1949

The Parliament Act of 1911 was passed via the usual parliamentary procedure (although the consent of the House of Lords to this legislation was neither a simple matter nor
without controversy). The most important effect of this statute was that it removed the House of Lords power of veto over primary legislation and replaced it with one of delay.
Under the terms of the Parliament Act 1911, any other Public Bill, except those extending the life of a Parliament, could become an Act of Parliament without the consent
of the Lords if passed by the Commons in three successive sessions with two years between first, second reading and final passing in the Commons, and if sent up to the
Lords at least one month before the end of each of the three sessions.
This meant that in certain (limited) circumstances the House of Lords could delay legislation for two years but after this it could be sent for Royal Assent without the
agreement of the Lords.
The maximum duration of a Parliament was also reduced from seven years to five (but this has subsequently been superseded by the effect of the Fixed-term Parliaments
Act 2011).
The Parliament Act of 1949 amended the 1911 Act and further reduced the Lords’ ability to delay legislation in respect of Public Bills, other than money bills, from three
sessions to two, and reduced the period of time between the first, second reading and final passing in the Commons from two years to one. This was particularly
controversial as after the Lords rejected the Parliament Bill at second reading, it subsequently became law in 1949 under the terms of the Parliament Act 1911. This was only
the third Bill to be passed in this way and, given its constitutional significance, led to much consternation. Any questions, however, regarding the validity or position of the
Parliament Act 1949 as primary legislation were laid to rest by the House of Lords in Jackson v Attorney General [2005] UKHL 56.
7.5.2 Salisbury-Addison Convention

The Salisbury-Addison Doctrine or Convention was established through an agreement in 1945 between Viscount Addison, the Leader of the House of Lords, and Viscount
Cranborne (the fifth Marquess of Salisbury from 1947), Leader of the Conservative Opposition in the Lords. It was of particular importance during the welfare reforms of the
post-war Labour government of 1945–51.
This Convention means that, in practice, the House of Lords does not try to vote down at second or third reading, a government Bill mentioned in an election manifesto.*
* A manifesto is a publication issued by a political party before a general election. It contains the set of policies that the party stands for and would wish to implement if
elected to govern (source: Parliament website).
For further detail see: House of Commons Library Briefing Paper ‘Conventions on relationship between the House of Commons and the House of Lords’ (No. 5996, 7
January 2016).
Learning activity 1
After doing some research (via the Parliament website), select below the legislation which has been passed under the Parliament Act 1949 procedure.
For further detail see: House of Commons Library Briefing Paper ‘The Parliament Acts’ (No. 00675, 25 February 2016).
Select the legislation which has been passed under the Parliament Act 1949 procedure.
 Marriage (Same Sex Couples) Act 2013
 European Parliament Elections Act 1999
 Land Ownership Act 192
 Welsh Church Act 1914
 Government of Scotland Act 1942
 Representation of the People Act 1918
 Government of Ireland Act 1914
 Sexual Offences (Amendment) Act 2000
 Parliament Act 1949
 War Crimes Act 1991
 Hunting Act 2004
 Equality Act 2010
 Check
Learning activity 2
To check your knowledge of the Westminster Parliament choose which box to drag the tiles to
House of Commons House of Lords
House of Commons Chamber and House of Lords Chamber images from UK Parliament, CC BY 3.0, via
Wikimedia Commons
 Check
Examination tips
In terms of specific questions in relation to Parliament, you will often see overlap with the matters discussed in other topics, including, in particular, the scrutiny by Parliament
of the executive (see Topic 6) and the legislative process (Topic 8). A few examples are included below.
Example examination questions

Question 1: Discuss the various ways in which Parliament scrutinises the government, and critically assess the effectiveness of Parliament’s role in the legislative
process.
Question 2: Discuss the legislative process of the UK Parliament, comparing and distinguishing between government Bills and Private Members’ Bills.
Question 3: ‘If the House of Lords did not exist, it would have to be invented.’
Question 4: Discuss the composition and powers of the House of Lords, and make reform proposals.
Question 5: Compare and contrast the powers and functions of the two Houses of Parliament.
Exam question activity
If you have understood the reading and materials for this topic, you should now be able to answer this essay question.
Discuss the various ways in which Parliament scrutinises the Government, and critically assess the effectiveness of Parliament’s role in the legislative process.
Feedback is available, but try to answer on your own first. Your response won’t match the feedback exactly, but you should compare your performance with it and consider
whether you took all the relevant factors into account.
Topic 7 – Exam question activity
Further reading
Brazier, R. ‘A small piece of constitutional history’ (2012) 128 (Jul) LQR 315–19.

Beamish, D. ‘No end to hereditary peer by-elections in the House of Lords?’ (Constitution Unit blog).
Democratic Audit ‘How undemocratic is the House of Lords?’ (2 October 2018).
House of Lords Constitution Committee ‘Constitutional aspects of the challenge to the Hunting Act 2004’ (HL Paper 141, 2005–06). In reading this, focus on Appendix
3 – provided by Professor Anthony Bradley regarding the judicial decision in Jackson.
House of Lords Library Briefing ‘House of Lords Act 1999: twenty years on’ (Lords Library notes LLN-2019-0151, 5 November 2019).
Norton, P. ‘Parliament: the best of times, the worst of times?’ in Jowell, J. and C. O’Cinneide The changing constitution. (Oxford: Oxford University Press) ninth edition
[ISBN 9780198806363].
Political and Constitutional Reform Committee ‘House of Lords reform: what next?’ (Ninth Report 2013–14, HC 251, Vols I and II).
R (on the application of Jackson) v Attorney General [2005] UKHL 56.
Sumption, Chapter II ‘In praise of politics’.

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11/10/22, 12:53 AM Topic 7 – Parliament

Module: Public law 2022-23 Date: Wednesday, 9 November 2022, 4:52 PM

Book: Topic 7 – Parliament

Which of the following is false?

 There are 26 Bishops in the House of Lords

 All members of the House of Commons are elected

 The Law Lords no longer sit in the Parliament

 All members of the House of Lords are Hereditary Peers

7.1 The House of Commons – composition

Read further detail on Divisions on the UK Parliament website.

The Fixed-term Parliaments Act 2011 contains a requirement that:

The Prime Minister must make arrangements—

The Committee’s Report was published on 24 March 2021.

7.1.1 Code of Conduct for Members of Parliament

7.2. Key positions in the House of Commons

a. Leader of the House of Commons

7.3 The House of Lords – composition

For further detail see the House of Lords Appointments Commission.

7.4 House of Lords reform

7.4.1 History of Lords reform: summary of key legislation

7.4.2 Future reforms?

Think about what advantages an unelected chamber adds to scrutiny of government.

7.5.1 Parliament Acts 1911 and 1949

7.5.2 Salisbury-Addison Convention

 Marriage (Same Sex Couples) Act 2013

 European Parliament Elections Act 1999

 Land Ownership Act 192

 Welsh Church Act 1914

 Government of Scotland Act 1942

 Representation of the People Act 1918

 Government of Ireland Act 1914

 Sexual Offences (Amendment) Act 2000

 Parliament Act 1949

 War Crimes Act 1991

 Hunting Act 2004

 Equality Act 2010

House of Commons House of Lords

Example examination questions

Exam question activity

Topic 7 – Exam question activity

Brazier, R. ‘A small piece of constitutional history’ (2012) 128 (Jul) LQR 315–19.

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