UK Constitution and Government/Parliament
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The Parliament
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[edit] Structure
The High Court of Parliament is the practically Sovereign lawmaking body in the United Kingdom. The King or Queen is theoretically considered a part of Parliament, though he or she is customarily not included when using the term. In addition to the Monarch, the Parliament comprises two Houses: the House of Commons and the House of Lords. In formal terms, the British legislature is the Queen-in-Parliament.
Both Houses of Parliament meet at the Palace of Westminster.
[edit] Parliaments and Sessions
The term "Parliament" can refer to the body constituted for a specific term. The term of a Parliament commences when it is summoned by the Sovereign and ends when the Sovereign "dissolves" it. In practice, Parliament is dissolved on the advice of the Prime Minister. After a dissolution, before a new Parliament is summoned, a General Election for the House of Commons must be held. Thus, a Prime Minister can choose a politically advantageous time for dissolutions.
However, the British constitutional practice is that parliaments may not exceed five years in length. Parliament may extend its term by an Act; such an event is rare; the last occurred during World War II when the MPs elected in 1935 remained in their seats until 1945.
Each Parliament is divided into a number of sessions, each of which concludes when the Sovereign "prorogues" Parliament. The first session commences soon after the General Election. Thereafter, Parliament is prorogued in October or November, and the next session begins soon after the prorogation. Each session is about a year long, except for the first session, which is slightly longer, as it begins after a General Election (normally held in May) and concludes in the October or November of the next year.
At the beginning of each session, the Sovereign conducts the State Opening of Parliament, during which the Speech from the Throne is delivered. During the State Opening, the Sovereign takes a seat at the Throne in the House of Lords Chamber and then orders the Gentleman Usher of the Black Rod (a Lords officer) to summon the House of Commons. When Black Rod reaches the door of the Commons, its door is slammed shut in his face to symbolise the right of the Commons to debate independently of the Sovereign. (The Sovereign, by convention, may not even enter the Commons chamber, hence requiring the State Opening to be conducted in the Lords chamber.) Black Rod then knocks on the Door of the Commons chamber thrice with his staff of office; the Commons then permit him to enter and deliver his summons. MPs listen to the Sovereign's Speech from the bar of the House of Lords, outside the Lords chamber. During the speech, the Sovereign outlines the legislative agenda of the Government for the upcoming session. The speech is actually written by the Sovereign's ministers, who determine the legislative agenda for the year.
[edit] House of Commons
[edit] Composition
The House of Commons is the directly elected House representing the common people, (that is, everyone except Peers of the Crown). Members of the House of Commons are described as Members of Parliament or MPs. The members of the House of Lords are also members of Parliament, but they are not normally so described.
The House comprises over 650 members, each elected by a geographical constituency which returns one member. The constituencies are continually reviewed by a Boundary Commission, so as to have roughly similar populations. General elections for all the seats are held after each dissolution of Parliament, whenever the government decides or after a maximum term of five years. A by-election is held if an individual seat becomes vacant, for example on the death of a member. A candidate wins the election if he or she obtains a plurality of votes, that is, he or she receives more votes than any other candidate (not necessarily a majority).
Citizens of the United Kingdom, the Republic of Ireland and Commonwealth countries who are resident and aged over eighteen in the constituency are entitled to register to vote. British citizens who have lived overseas for a period of not more than twenty years may also register. The Crown and Members of the House of Lords, prisoners, individuals convicted of electoral malpractice within the past five years and insane persons are disqualified from voting. The Sovereign is already a member of the legislature, the Crown in Parliament, and so cannot vote for a representative, and as the sovereign is supposed to be politically neutral, close relatives in the Royal Family do not vote even if not technically disqualified as members of the House of Lords. Voting is by secret ballot, normally cast in person on paper ballots at a local polling station, but postal or proxy votes may be arranged in advance by any registered elector. The registers are updated both annually and ad-hoc.
To be a candidate, one must be a citizen of the United Kingdom, the Republic of Ireland or a Commonwealth country, and aged over eighteen. One need not be a resident in the constituency being contested. Members of the House of Lords, prisoners serving terms of one year or more, those convicted of electoral malpractice in the past ten years, insane persons, undischarged bankrupts, traitors (individuals found guilty of treason), members of foreign non-Commonwealth legislatures and holders of most offices of trust and profit under the Crown are disqualified. The final category includes civil servants, judges and members of the military. They are excluded because individuals receiving payment from the Crown may not act independently in Parliament, but a statutory exception is made for a limited number of salaried Ministers of the Crown.
Members of the House of Commons may not simply resign, since under the common law it was felt that a member had made a bargain with their constituents for an appointment carrying both duties and advantages, and that since the constituents have no ability to revoke the appointment, in justice neither should the member. However, members of the House who wish to vacate their seats may do so by means of another aspect of the same law of appointments. The member applies to the Chancellor of the Exchequer for appointment to the office of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham or of Crown Steward and Bailiff of the Manor of Northstead. These offices carry no actual duties, but such an office of profit under the Crown constitutes a conflict of interest which automatically disqualifies a member from the House. Thus, a member taking up either office becomes disqualified, his seat is immediately vacated, and a by-election will be held. The two offices aforementioned are used alternately; an appointee retains the office until another Member of Parliament who wishes to resign is appointed.
[edit] Speakership and Procedure
The House of Commons is presided over by a Speaker. There are also three Deputy Speakers with the titles of Chairman of Ways and Means, First Deputy Chairman of Ways and Means and Second Chairman of Ways and Means. The names of the offices come from the Committee of Ways and Means, a now moribund body that once dealt with taxation issues.
Speakers are elected at the commencement of a Parliament and serve until dissolution. Following a general election, the Father of the House (the member with the longest unbroken service in the House, excluding ministers of the Crown) takes the chair. If the Speaker from the previous Parliament is still a member and intends to continue in office, then the House votes on a motion that the member take the chair as Speaker. If the Speaker is unwilling, or if he does not remain a member of Parliament, or if the motion for his re-election fails, then members vote by secret ballot in several rounds; after each round, the candidate with the fewest votes is eliminated. The election ends when one member secures a majority of votes in a particular round. Thereafter, the Speaker-elect leads the House of Commons to the House of Lords, where Lords Commissioners (five Lords representing the Sovereign) officially declare the Royal Approbation (approval) of the Speaker, who immediately takes office. The Speaker traditionally lays claim to all of the House's privileges, including freedom of speech in debate, and the Lords Commissioners confirm them on behalf of the Sovereign.
If a Speaker should choose to resign from his post during the course of Parliament, then he must preside over the election of his successor. The secret ballot procedure mentioned earlier is employed. The new Speaker-elect, furthermore, receives the Royal Approbation from Lords Commissioners, though the ceremonial claim of the rights of the Commons does not occur.
The Speaker of the House of Commons is a powerful officer. He controls the flow of the House's debates, by calling on members to speak. Usually, the Speaker alternates between the Government and the Opposition parties. The Speaker, furthermore, is responsible for keeping order and may punish members who violate his commands. The Speaker and his deputies are supposed to be neutral and generally do not vote or speak during debates. However, the occupant of the Chair does have a casting vote in the event of a tied vote.
The Speaker may exercise certain disciplinary powers. The Speaker may order any member to resume his or her seat if that person consistently contributes irrelevant or repetitive remarks during debate. An individual who has disregarded the Speaker's call to sit down may be requested to leave the House. If the request is declined, then the Speaker may "name" the member. The House may then vote on suspending the member in question for a number of days, or, in case of repeated breaches, for the remainder of the session. In the most serious cases, the House may vote to expel a member. In the case of grave disorder, the Speaker may adjourn the House without a vote.
The House votes on all questions by voice first. The Speaker asks all those in favour of the proposition to say "Aye," and those opposed to say "No." Then, the Speaker assesses the result, saying "I think the Ayes have it" or "I think the Noes have it." Only if a member challenges the Speaker's opinion is a division, or formal count, called. During a division, members file into two separate lobbies on either side of the Commons chamber. As they exit each lobby, clerks and tellers count the votes and record the names. The result is then announced by the Speaker; if necessary, the Speaker (or other occupant of the Chair) must cast the tie-breaking vote.
[edit] House of Lords
[edit] Composition
The House of Lords consists of several hundred appointed members. Formerly, it included Peers (Dukes, Marquesses, Earls, Viscounts, Barons and Lords of Parliament) who inherited their seats, but since 1999, hereditary titles no longer carry with them an automatic right to sit in the House. Now, only peers holding life peerages sit and vote in the House, but on an interim basis, some hereditary peers still remain. According to a compromise agreed to in 1999, the hereditary peers were allowed to elect ninety of their number to sit in the House until further reforms are completed. In addition, two hereditary peers, who exercise the ceremonial offices of Earl Marshal and Lord Great Chamberlain, are members of the House so that they may perform the (largely ceremonial) duties associated with their positions.
The House of Lords also includes "Lords Spiritual", the representatives of the established Church of England. These always include the Church's two Archbishops (the Archbishops of Canterbury and York), and three important Bishops (the Bishops of London, Durham and Winchester). Furthermore, the twenty-one diocesan bishops who have served the longest sit in the House of Lords.
To sit and vote in the House, one needs to be at least twenty-one years old and a citizen of the United Kingdom, the Republic of Ireland or a Commonwealth country. Traitors and insane persons are prohibited from serving. Prisoners and convicts are not disqualified from voting per se, though, obviously, an incarcerated person cannot attend.
[edit] Speakership and Procedure
The Lord Chancellor, a minister of the Crown, is the ex officio Speaker of the Lords. In addition to being Speaker, the Lord Chancellor has a range of functions, including being head of the Department of Constitutional Affairs (formerly the Lord Chancellor's Department), overseeing the nation's judicial system and sitting in various Courts including the Court of Appeals and the High Court. The most senior deputy to the Chancellor is the Chairman of Committees. Other deputies include the Principal Deputy Chairman of Committees, the Deputy Chairmen and the Deputy Speakers. All of these officers are appointed by the Crown.
The Lord Speaker is weak compared to his Commons counterpart. He is merely the mouthpiece of the House; he does not have the sole authority to maintain order, as that function is exercised by the Lords collectively. The Lord Chancellor remains a member of his party and can participate in debates unlike the Speaker of the other House. Furthermore, the occupant of the Woolsack (the seat of the Lord Speaker, so called because it is stuffed with wool) may vote along with the other members and does not have a casting vote.
As the House of Commons does, the Lords also vote by voice first. The Lord Chancellor (or whoever else is presiding) puts the question, with those in favour saying "Content," and those opposed saying "Not-Content." If the Lord Chancellor's assessment of the result is challenged, a division follows, with members voting in the appropriate lobby like in the House of Commons. The officer presiding may vote from his place in the chamber rather than from a lobby. In the case of a tie, the result depends on what type of motion is before the House. A motion that a bill be advanced to the next stage or passed is always decided in the positive, while amendments to bills or other motions are decided in the negative, if there is an equality of votes.
[edit] Acts of Parliament
Legislation passed by the Parliament is normally in the form of an Act of Parliament. A Bill becomes an Act of Parliament if it is passed by both Houses of Parliament and receives Royal Assent (in some cases, however, passage by the Lords is not necessary). In each House, the bill must first complete several stages. Before passing in either House, a bill must be read three times. Formerly, the entire bill was read aloud to enable all members to determine its contents. Now, however, with the advent of modern printing and increased literacy rates, only the title of the bill is read aloud. Each House may also send the Bill to one of its various committees, which consider the bill in detail. Several of the stages of the bill are common to both Houses, though the particulars do differ.
Bills may be classified as Government Bills or as Private Members' Bills. Ministers of the Crown introduce Government Bills while private members (that is, those who are not Ministers) introduce Private Members' Bills. Bills may also be classified as Public, Private, Personal or Hybrid. Public bills create laws applied generally (for instance, reforming the nation's electoral system). Private bills affect a specific company, person or other entity differently from other individuals (for instance by authorising major constructions on public lands). Personal bills are private bills that confer specific rights to certain individuals (for example by granting the right to marry a person one would not normally be allowed to wed). Hybrid bills are public bills that directly and specially affect private interests.
[edit] Public Bills
At the time set for the presentation of the bill, the bill (in practice, only the title) is read for a first time without any debate or vote. After two weeks, the minister in charge moves that the bill be now read a second time. At the second reading debate, the bill's general characteristics and underlying principles, rather than the particulars, are discussed. If the vote on the Second Reading fails, the bill dies. It is, however, very rare for the Government to be defeated at the Second Reading; such a defeat signifies a major loss.
In the House of Commons, following the Second Reading, various procedural resolutions may need to be passed. If the bill seeks to levy or increase a tax or charge, then a Ways and Means Resolution has to be passed. If it involves significant expenditure of public funds, then a Money Resolution is necessary. Finally, the government may proceed with a Programme Motion or an Allocation of Time Motion. A Programme Motion outlines a timetable for further debate on the bill and is normally passed without debate. An Allocation of Time Motion, commonly called the Guillotine, limits time available for debate. Normally, a Programme motion is agreed to by both parties while an Allocation of Time Motion becomes necessary if the Opposition does not wish to cooperate with the Government. In the House of Lords, there are no Guillotines or other motions that limit the time available for debate.
Next, the bill can be committed to a committee. In the House of Commons, the bill may be sent to the Committee of the Whole House, a Standing Committee, a Special Standing Committee or a Select Committee. The Committee of the Whole House is a committee that includes all members of the House and meets in the regular chamber. The Speaker is normally not present during the meetings; a Deputy Speaker normally takes the chair. The procedure is used for parts of the annual Finance Bill and for bills of major constitutional importance. More often, the bill is committed to a Standing Committee. Though the name may suggest otherwise, the membership of Standing Committees is temporary. There can be from sixteen to fifty members; the strength of parties in the committee is proportional to their strengths in the whole House. It is possible for a bill to go to a Special Standing Committee, which is like a Standing Committee except that it may take evidence and conduct hearings; the procedure has not been used in several years. Finally, the bill may be sent to a Select Committee. Select Committees are permanent bodies charged with the oversight of a particular Government department. This last procedure is rarely used; the quinquennial Armed Forces Bill, however, is always referred to the Defence Select Committee.
In the House of Lords, the Bill is committed to the Committee of the Whole House, a Public Bill Committee, a Special Public Bill Committee, a Select Committee or a Grand Committee. The most common committee used is the Committee of the Whole House. Sometimes, the bill is sent to a Public Bill Committee of twelve to sixteen members (plus the Chairman of Committees) or to a Special Public Bill Committee of nine or ten members. These committees correspond in function to the Commons Standing and Special Standing Committees, but are less often utilised. Select Committees may also be used, like in the Commons, though it is rare for this to be done. The Grand Committee procedure is the only one unique to the House of Lords. The procedure is reserved for non-controversial bills that must be passed quickly; a proposal to amend the bill is defeated if a single member votes against it.
In both Houses, the committee used considers the bill clause-by-clause and may make amendments. Thereafter, the bill proceeds to the Consideration or Report Stage. This stage occurs on the Floor of the House and offers it an opportunity to further amend the bill. While the committee is bound to consider every single clause of the bill, the House need only debate those clauses which members seek to amend.
Following the Report Stage, the bill is considered, the motion that the bill be now read a third time is considered. In the House of Commons, there is a short debate followed by a vote; no further amendments are permitted. If the motion passes, then the Bill is considered passed. In the Lords, however, amendments may be moved. Following the vote on the third reading, there must be a separate vote on passage.
After one House has passed a bill, it is sent to the other for its consideration. Assuming both Houses have passed a bill, differences between their separate versions must be reconciled. Each House may accept or reject amendments made by the other body, or offer other amendments in lieu. If one House has rejected an amendment, then other House may "insist" upon it. But if the other body ultimately insists on the rejection, the bill is lost.
A bill passed by both Houses (or certified by the Speaker of the Commons only under the Parliament Acts as not requiring the Lords to pass it) is finally submitted to the Sovereign for Royal Assent. Since 1707, no Sovereign has failed to grant Royal Assent to a bill; it is a mere formality announced by Commissioners in the Norman French formula "La Reyne le Veult", and the Bill thereupon becomes a valid Act of Parliament. Theoretically the Sovereign could withhold or reserve the assent, which would normally cause a constitutional crisis. If the Royal Assent were withheld, then the Bill would fall. Reserving Assent would delay a decision on the bill until a later time, and if the Royal Assent were not given before the prorogation of Parliament, then the Bill would lapse. In 1707 the phrase used was "La Reyne s'avisera" (the Queen will think about it).
[edit] Private, Personal and Hybrid Bills
Formerly, private bills were most often used to authorise the creation of transportation infrastructure on private property, but since 1992, the Government may grant such authorisation separately. Thus, the number of private bills passed by Parliament has reduced, though the procedure still exists, for example for major corporate reconstructions. A private bill is initiated when an individual petitions Parliament for its passage. After the petition is received, it is officially gazetted so that other interested parties may support or contest it. Counter-petitions objecting to the passage of the bill may also be received. To be able to file such a petition, the bill must "directly and specially" affect the individual. If those supporting the bill disagree that such an effect exist, then the matter is resolved by the Court of Referees, a group of senior Members of Parliament.
The bill then proceeds through the same stages as public bills. Generally, no debate is held on the Floor during the Second Reading unless a Member of Parliament files a "blocking motion." It is possible for a party whose petition was denied by the Court of Referees to instead lobby a Member to object to the bill on the Floor. After the bill is read a second time, it is sent to one of two committees: the Opposed Bill Committee if there are petitions against the bill, or the Unopposed Bill Committee if there aren't. After taking evidence, the committee may return a finding of Case Proved or Case Not Proved. In the latter case, the bill is considered rejected, but in the former case, amendments to the bill may be considered. After consideration, third reading and passage, the bill is sent to the other House, which follows the same procedure. If necessary, the bill may have to face two different Opposed Bill Committees. After differences between the Houses are resolved, the bill is submitted for Royal Assent.
Personal bills relate to the "estate, property, status, or style" or other personal affairs of an individual. By convention, these bills are brought first in the House of Lords, where it is referred to a Personal Bill Committee before being read a first time. The Committee may make amendments or even reject the bill outright. If the bill is reported to the House, then it follows the same procedure as any other private bill, including going through an Unopposed or Opposed Bill Committee in both Houses. A special case involves bills that seek to enable marriages between those who are within a "prohibited degree of affinity or cosanguinity". In those cases, the bill is not discussed on the Floor and is sent at the committee stage to a Select Committee that includes the Chairman of Committees, a bishop and two lay members.
Hybrid bills are public bills that have a special effect on a private interest. Prior to the second reading of any public bill, it must be submitted to the Clerk, who determines if any of the House's rules have been violated. If the Clerk finds that the bill does have such an effect on a private interest, then it is sent to the Examiners, a body which then may report to the House that the bill does or does not affect private interests. If the latter, then it proceeds just like a public bill, but if the former, then it is treated as hybrid. The first and second readings are just as for public bills, but at the committee stage, if petitions have been filed against the bill, it is sent to a Select Committee, but the Committee does not have the same powers of rejection as Private Bill Committees. After the Committee reports, the bill is recommitted to another committee as if it were a public bill. Thereafter, the stages are the same as for a public bill, though, in the other chamber, the bill may have to be considered once more by a Select Committee.
[edit] Commons Supremacy
Under the Parliament Acts of 1911 and 1949, the House of Commons is essentially the pre-eminent chamber in Parliament. If the Lords fail to pass a bill (by rejecting it outright, insisting on amendments disagreed to by the Commons or failing to vote on it) passed by the Commons in two consecutive sessions, then the bill may be presented for Royal Assent unless the House of Commons otherwise directs. However, for the procedure to apply, at least one month must remain in each session when the bill is passed by the Commons. Furthermore, one year must pass between the Second Reading in the first session and the final vote on passage in the second one. Finally, the bill passed in each session must be identical, except to take into account the passage of time since the bill was first proposed. In other words, the House of Lords may delay a bill for at least thirteen months. The procedure, however, does not apply in the case of private or personal bills, or bills seeking to extend the life of Parliament beyond five years.
Under the Parliament Acts, a special procedure applies to "money bills." A bill is considered a money bill if the Speaker certifies that it relates solely to national taxation or to the expenditure of public funds. The Speaker's decision is final and cannot be overturned. Following passage by the House of Commons, the bill can be considered by the House of Lords for not longer than one month. If the Lords have not passed the bill within that time, it is submitted for Royal Assent nonetheless. Any amendments made by the House of Lords are invalid unless accepted by the House of Commons.
In addition to the Parliament Acts, tradition and conventions limit the House of Lords. It is the privilege of the House of Commons to levy taxes and authorise expenditure of public funds. The House of Lords cannot introduce bills to do either; furthermore, they are barred from amending supply bills (bills appropriating money to the Government departments). In some cases, however, the House of Lords can circumvent the rule by inserting a Privilege Amendment into a bill they have originated. The Amendment would read:
- Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.
The House of Commons then amend the bill by removing the above clause. Therefore, the privilege of the Commons is not violated as they, not the Lords, have approved the tax or public expenditure.
[edit] Delegated Legislation, Statutory Rules and Orders
In order to provide flexibility for detail and subsequent amendments without requiring the lengthy procedure of an amending Act of Parliament passing all its stages in both Houses, primary or enabling legislation often delegates powers to the Queen or Government to make subordinate orders, rules and regulations by secondary legislation, with a much simpler procedure. Thus an Act may empower the Government to make a Statutory Instrument and lay it before both Houses to take legal effect if approved by a simple vote, or in other cases if neither House objects within a stated time. A common use of this power is where an Act of Parliament provides that certain of its sections will only come into force when the relevant Minister makes a Commencement Order with ancillary and transitional provisions. Parliament thereby does not lose control over such statutory rules and orders, but they need not be debated unless members wish to raise objections.
[edit] Privilege
Each House of Parliament has a body of rights that allow it to carry out its duties without let. These rights are collectively referred to as Parliamentary Privilege. Members of each House have freedom of speech during debate; what they have said cannot be questioned in any place outside Parliament. Thus, a speech made in Parliament cannot constitute slander. Each House, however, may discipline its members for abusing the rules.
Each House may determine its own privileges and rules and also control its own proceedings. Furthermore, each House is the sole judge of the qualifications of its members. Collectively, each House has the right of access to the Sovereign. Individually, members must be left free to attend Parliament. Therefore, the police are regularly ordered to maintain free access in the neighbouring streets, and members cannot be called to serve on a jury or be subpoenaed as a witness while Parliament is in session. (Arrest for crime is still possible, but the relevant House must be notified of the same.) Parliament has the power to punish contempt of Parliament, that is, violation of the privileges and rules of a House. Any decisions made in this regard are final and cannot be appealed to any court. The usual modern penalty for contempt is a reprimand, or brief imprisonment in the precincts of the House, but historically large fines have been imposed.
