Parliament: Commons, Lords & Legislative Process
Parliament: The House of Commons, House of Lords & Legislative Process
The Structure of Parliament
The UK Parliament is bicameral, consisting of:
- The House of Commons (650 elected MPs)
- The House of Lords (approximately 800 unelected peers)
- The Monarch (formal role: Royal Assent)
Parliament's key functions are legislation, scrutiny of the executive, representation, and legitimacy.
The House of Commons
Composition: 650 MPs elected by FPTP in single-member constituencies.
Key roles:
- Legislation: initiates and passes most bills (financial bills must originate in the Commons)
- Scrutiny: holds the government to account through questions, debates, and committees
- Representation: MPs represent their constituents' interests
- Recruitment: ministers are drawn from Parliament (mostly the Commons)
- Legitimacy: government must command the confidence of the Commons
Powers of the Commons:
- Can pass, amend, or reject legislation
- Controls taxation and spending (financial privilege)
- Can force a government to resign through a vote of no confidence (last successful: 1979, Callaghan)
- The Parliament Acts (1911, 1949) allow the Commons to bypass the Lords after one year
The House of Lords
Composition (approximate, 2024):
- Life peers (~680): appointed under the Life Peerages Act 1958, often former politicians, experts, and public figures
- Hereditary peers (92): retained after the House of Lords Act 1999
- Bishops (26): "Lords Spiritual" — senior Church of England bishops
- No overall party majority; significant crossbench (independent) contingent
Key roles:
- Revising chamber: scrutinises and amends legislation (often improves technical quality)
- Delaying power: can delay non-financial bills by up to one year (Parliament Acts)
- Expertise: contains specialists in law, science, medicine, business, and the arts
- Salisbury Convention: does not block government manifesto commitments
Should the Lords be reformed?
| For an elected Lords | Against |
|---|---|
| Democratic legitimacy — unelected chamber is an anachronism | An elected Lords would rival the Commons, creating gridlock |
| Current system is patronage-based (PM appoints peers) | Expertise would be lost — appointed peers bring specialist knowledge |
| 92 hereditary peers are indefensible in a democracy | Current system works well as a revising chamber |
| Size is bloated (one of the world's largest legislative chambers) | If both chambers had a democratic mandate, which would prevail? |
The Legislative Process
Public Bills (Government Bills)
1. First Reading — formal introduction, no debate
2. Second Reading — debate on the general principles; vote
3. Committee Stage — detailed line-by-line scrutiny by a Public Bill Committee
4. Report Stage — the whole House considers committee amendments
5. Third Reading — final debate and vote
6. Repeat in the other House — the bill goes through the same stages
7. Ping-pong — if the second House amends the bill, it returns to the originating House until both agree
8. Royal Assent — the monarch's formal approval (last refused: 1708, Queen Anne)
Private Members' Bills
- Introduced by backbench MPs via the ballot (20 names drawn), Ten Minute Rule, or presentation
- Rarely become law without government support, but can raise awareness
- Successful examples: Murder (Abolition of Death Penalty) Act 1965, Abortion Act 1967
Scrutiny of the Executive
Select Committees:
- Departmental select committees (e.g. Health, Education, Treasury) shadow each government department
- Cross-party membership, elected by MPs since 2010 (Wright reforms)
- Can summon ministers, civil servants, and external witnesses
- Produce influential reports (e.g. the Digital, Culture, Media and Sport Committee's inquiry into Cambridge Analytica)
- Strengths: independent, expert, cross-party; produce evidence-based reports
- Weaknesses: no power to compel government to act on recommendations; limited resources compared to the executive
Other scrutiny mechanisms:
- Prime Minister's Questions (PMQs) — every Wednesday at noon; high-profile but often theatrical rather than forensic
- Urgent Questions — MPs can request a minister make an immediate statement (Speaker's discretion)
- Opposition Days — 20 days per session for opposition-chosen debates (non-binding)
- Backbench Business Committee — allocates time for debates chosen by backbenchers (created 2010)
- Liaison Committee — select committee chairs question the PM twice a year
The Effectiveness of Parliament
Arguments that Parliament is effective:
- Select committees have been strengthened since the Wright reforms (2010)
- The 2017-19 Parliament demonstrated that a minority government could be defeated repeatedly (e.g. blocking a no-deal Brexit)
- The Speaker can facilitate backbench influence (e.g. John Bercow allowing amendments)
- The Lords regularly amend and improve legislation
Arguments that Parliament is weak:
- Executive dominance: a government with a large majority can push through legislation with minimal opposition (Labour 2024: 174-seat majority)
- The whip system pressures MPs to vote with their party
- Limited time for scrutiny of complex legislation
- PMQs is partisan theatre, not genuine accountability
- Government controls the timetable (guillotine/programme motions limit debate)
Key Thinker: Walter Bagehot (1826-1877)
In The English Constitution (1867), Bagehot argued that the Cabinet was the "efficient secret" of the constitution — the body that truly governed. Parliament's role was to choose and sustain a government, not to govern directly. He distinguished the "dignified" parts of the constitution (monarchy, ceremony) from the "efficient" parts (Cabinet, Commons).
Exam Tips
- Know the difference between Commons and Lords in terms of powers, composition, and legitimacy
- Be able to evaluate whether the Lords should be reformed or abolished
- Use the Wright reforms and specific select committee examples when discussing scrutiny
- Discuss the tension between party discipline (whips) and parliamentary independence
- The 2017-19 Parliament is an excellent case study of parliamentary power vs executive power