Chapter 13
In This Chapter
Exploring parliament – the Houses of Commons and Lords
Looking at the jobs of MPs and peers
Following the passage of government and private members’ bills
Putting Commons committees under scrutiny
Ascending to the top of government
In this chapter I explore the inner workings of Britain’s parliamentary democracy, peeking behind the oak-panelled doors of the Palace of Westminster to see where the real power lies in the UK.
The UK parliament is often referred to as the ‘mother of parliaments’ as a result of its long history and because people around the globe have copied and admired its traditions and approach to the execution of democracy.
Even the building that the UK parliament sits in shouts out history, power and tradition. The Palace of Westminster is recognised as a gothic masterpiece, with its stained glass, medieval timbers and, of course, iconic Big Ben – read more about this building in the nearby sidebar, ‘Visiting the Palace of Westminster’.
But the Palace of Westminster isn’t just a great building; it’s also a workplace, with 1,100 offices, 100 staircases and the small matter of 5 kilometres of corridors – all of which help the hundreds of Members of Parliament (MPs) and peers in the House of Lords do their job. And what a job it is – making the laws that govern the lives of around 60 million Britons. They draw up, scrutinise, debate and vote upon these laws in two legislative chambers:
Within parliament, many committees made up of MPs and members of the House of Lords pore over the small details of new laws and monitor old laws to see how they’re working. All this activity stems from one grand building in Westminster, which is at the very centre of Britain’s democracy.
More so than probably any other institution in the country, what happens in the House of Commons impacts on you in some way or another. The House of Commons is the major law-making body and the laws it makes affect your life for good or ill. For example, consider your car: laws made in the House of Commons dictate that you need to pay road tax and have car insurance, and a budget voted upon by its members decides how much tax you pay on the petrol in the tank. The job of the Commons is also to scrutinise the activities of the government of the day (run by politicians from the biggest political party in the Commons) as well as protect the liberties of Britons. Even in this modern media age, what happens on the ancient floor of the House of Commons chamber and in its committees does count because it’s at the very heart of our democracy.
At the 2010 general election, a grand total of 650 people were elected to the House of Commons – each MP representing a constituency. On election, these people become known as Members of Parliament, or MPs for short.
All three main national political parties in the UK have their own methods of selecting a candidate to stand for election to parliament or the devolved national assemblies (see Chapter 17 for more on devolution).
The following list offers a basic guide to hurdles to jump for candidates in each of the three main national parties:
The Labour Party’s National Executive Committee (NEC) is made up of its MPs/MEPs, prominent local councillors and trade unionists and other affiliated organisations. Its job is to help form party policy and impose discipline on party members. Drawing up the list of approved party candidates is another of its key roles.
Generally, the more winnable a constituency is for a particular party, the greater the number of people looking to become a candidate. For example, the Conservative Party often wins the constituencies in the south-east of England. When one of these candidacies becomes available, therefore, competition among people on the party’s approved list of candidates tends to be very fierce indeed. On the flip side, the Conservatives do less well in the north-east of England and Scotland and so competition to become a candidate for those seats is less heated. (See Chapter 8 for more on the inner workings of all the main political parties.)
Being an MP is a very important job. Here are some of the key responsibilities and powers that come with being an MP:
Above and beyond their official duties, MPs do lots of different things:
If you ask a group of MPs how long their hours are, they’ll probably give you a host of different answers. Some are real workaholics, others less so. Some MPs focus on one or two aspects of the job, such as meeting with their constituents and listening to their concerns, while others love the limelight of the TV studio or like to propose myriad changes to the law. I’ve even met one MP who took pride in the fact that he routinely killed off law changes proposed by colleagues by talking and talking so that the bill ran out of legislative time. He saw keeping as many laws as possible off the statute books and thereby freeing Britons’ lives from red tape as his duty. I suppose someone’s got to do it!
The House of Lords used to be equally and at times actually more powerful than the House of Commons, but this is no longer the case. Although the House of Lords can vote against legislation sent to it from the House of Commons, it can’t kill it. All the Lords can do is propose amendments and ask the House of Commons to think again about legislation. In the final analysis, the House of Lords has an advisory role to the Commons and little real power.
Britain has an unwritten constitution based on tradition, custom and convention. This situation is best highlighted by the fact that the Parliament Act is used very rarely indeed. In effect, if members of the House of Lords don’t like legislation sent to them by the House of Commons, they vote against it and ask the Commons to reconsider. On the third and final reading, however, even if their concerns haven’t been reflected in amendments to the legislation, they’ll vote it through anyway. Why? Well, many peers in the House of Lords recognise that the House of Commons, as the elected body, has the greater rights and that opposing its bills isn’t their job.
Members of the House of Lords aren’t elected by you and me. Instead, they get to sit in that chamber because they’re peers of the realm – which sounds very grand, and it is. Their official title is ‘lords’.
Before taking up their seats in the House of Lords, peers have first to attend a ceremony to swear an oath of allegiance to the monarch. For this occasion, they dress up in ermine-trimmed ceremonial robes.
In the past, being a lord brought all sorts of extra legal rights and powers – in effect, they were considered extra-special; some lived in castles and kept their own armed forces. Nowadays, being a lord is less about castles – although some still live in them – and more about ceremony. Modern lords either inherit their title or are appointed by the PM to sit in the House of Lords. As well as attending the State Opening of Parliament, when the monarch reads out the government’s legislative programme for the parliamentary session ahead, the lords have other key jobs to play in Britain’s parliamentary democracy, including
The House of Lords does draw up legislation but all the really important laws tend to start their journey through the legislative process in the House of Commons.
Party loyalty tends to play a less important role in the House of Lords than in the Commons. Peers are often older than MPs because they’ve had notable careers in industry, the church, the sciences, the military or the House of Commons itself before joining the House of Lords. Lords have been there, done that and got the T-shirt – although lined with ermine, of course!
Until 1999, up to 700 peers who’d inherited their titles – called, catchily enough, hereditary peers – were allowed to sit in the House of Lords and take part in votes. However, successive Labour governments deemed this state of affairs undemocratic and most of the hereditary peers were turfed out by the Labour government of the day under PM Tony Blair. As a compromise, the Labour government allowed a small group of hereditary peers – just 92 – to keep their seats in the Lords. Nowadays membership of the Lords is by appointment and not through birth (apart from the remaining hereditary peers).
The prime minister has the job of nominating peers to sit in the House of Lords – for life. Thus, they’re called life peers. After they die, their title lapses.
On the face of it, nominating peers seems a huge constitutional power in the hands of the PM and the PM alone. However, usually the PM asks the leaders of the two other main parties to submit names for inclusion. So, in practice, in 2014 David Cameron as PM asked Labour’s Ed Miliband and Liberal Democrat leader and Deputy Prime Minister Nick Clegg for a list of men and women to include in the list of new life peers.
Usually, PMs – of whatever party – try to draw up a final list of peers that ensures that their party has a majority of supporters in the House of Lords but also gives the other parties a substantial number of sympathetic peers.
In the UK, laws only come about when the House of Commons, House of Lords and the monarch all agree. These days the agreement of the monarch is a given because, according to Britain’s unwritten constitution, she has to agree to new laws made by parliament (refer to Chapter 12 for more on this). What’s more, the House of Lords can only suggest changes to legislation drawn up by the Commons. So, in a power battle between the House of Commons, House of Lords and the monarch, there’ll be only one winner – the Commons.
Laws can emanate from both the House of Commons and the Lords. A proposed new law debated by parliament is called a bill. The two types of bill are
Government bills nearly always become law because the ministers who introduce them can rely on a majority of MPs to support them.
The government introduces bills for a number of reasons, including the following:
Often, the government consults pressure groups and interested parties prior to introducing new legislation. (Chapter 9 has more on the role of pressure groups in forming government policy.)
Often, before introducing a new bill to parliament, the government checks out what interested parties think by publishing a Green Paper. In this document the government sets out its ideas and presents what it thinks are the policy options. Interested parties can then comment on the contents of the paper and the government can take their views into account when it finally publishes its White Paper, which I explain in the next section.
A White Paper is the final stage before a minister introduces an actual bill to parliament. The minister whose area of responsibility the bill falls into uses the reaction to the Green Paper and the policy proposals contained within it to inform the contents of the White Paper. Some proposals in the Green Paper fall by the wayside and others make it into the White Paper.
The minister who’ll be introducing the bill to parliament shows the White Paper to her colleagues in cabinet and to the PM, and they debate its contents. The Cabinet may make changes, particularly when the Bill could affect many different departments. Usually, following White Paper stage, a bill is drawn up by civil servants and the minister then introduces this bill to the House of Commons or in some cases the Lords first.
Although private members’ bills have only a slim chance of actually passing into law, individuals still try. Bills brought to parliament by backbench MPs can be devoted to big issues of the day or to addressing very small local concerns.
Time is short, with only 13 Fridays in each parliamentary session set aside for MPs to debate and vote upon private members’ bills. What’s more, debates often involve only a handful of MPs because many members return to their constituency homes on Thursday evenings. Passing a bill requires at least 100 MPs to vote, out of which a majority has to be in favour. So an MP wanting to introduce a bill not only has to get a majority in the chamber but also has to persuade 100-plus MPs to stay in Westminster on a Friday in order to cast a vote in the debate – no easy task!
Here are the four methods MPs use to introduce their private members’ bills:
A private members’ bill has the best chance of making it into law if a widely respected and senior MP introduces it in a ballot. Success in the ballot brings debating time and means that a bedrock of support among MPs is already in place. However, the overwhelming majority of ballot bills don’t make it into law either.
Parliament operates to a strict calendar. Each year around November, or just after a general election, a new parliamentary session begins, with the monarch visiting parliament and making a speech outlining what bills the government hopes to introduce into parliament in the coming session. During this session, debates take place and MPs vote on laws.
During Christmas, Easter and over the summer parliament is in recess, which means it doesn’t convene. The amount of time parliament has in recess varies. A general election can alter things. But parliament is often in recess. In the 2014–15 parliamentary session, for example, the programme is as follows:
In normal years MPs could also expect a nice long break at Easter, but a general election in May 2015 coincides. However, it’s clear that MPs get a lot more time off from their day job than ordinary folk. In fact, they even do better than school holidays!
Bills have to jump over lots of hurdles and undergo oodles of scrutiny before they can become law. But government bills often have a majority of supporters; therefore, these bills usually get through even when opposition parties and pressure groups outside the UK parliament don’t support them.
A bill must pass through these stages:
The government tells its MPs to vote for or against amendments.
The House of Lords has the power to table its own amendments to the bill. The bill then goes back to the House of Commons and MPs debate and vote on the amendments. The House of Commons does, however, have the ultimate say over whether or not amendments from the Lords see the light of day.
Though rarely used, the House of Lords has the right to vote down a bill. Doing so doesn’t kill the bill off, however; it merely delays it for a year. Parliament presents the bill to the monarch for royal assent; however, the legislation doesn’t come into force for one year. The exception is the government budget: if the Lords vote against this, the Commons can send it to the monarch for royal assent and it becomes law straight away.
When little debating time is available in the House of Commons, the government may choose to introduce its bill to the House of Lords for debate first. The bill still has to jump the same number of hurdles – first, second and third reading – but it may do so in a slightly different order. MPs and members of the House of Lords may team up to introduce a bill and they can choose to go through the Commons or Lords route.
When an MP refers to a fellow member in the House of Commons she always prefaces the comment with either ‘my honourable friend’ or ‘the honourable member’. The word friend indicates that the MP is on the same side as the MP speaking, and member refers to an MP from an opposition political party.
The leader of the House is an MP and cabinet minister who decides how much time parliament spends on a particular bill – with the assistance of her party whips – but the leader doesn’t have a completely free hand. The main opposition party, usually either Conservative or Labour, has the right to a set number of opposition days each session, when the Commons has to set aside other business and the opposition gets to debate an aspect of government policy. Generally, the opposition chooses opposition days so as to cause maximum embarrassment to the government.
Even after a bill has been through the exhaustive process of numerous votes and debates in the House of Commons and House of Lords, it still isn’t actually law. No bill from parliament can become law without the monarch’s signature – grandly termed being given royal assent. Parliament presents the monarch with the act of parliament to sign.
Getting the monarch’s signature is partly a constitutional convention but it’s also meant to be a final check on the law-making of parliament. However, the monarch must always follow the advice of ministers, which in this instance means she must sign or risk sparking a constitutional crisis.
A few weeks usually take place between the bill passing through parliament and it receiving royal assent and becoming law. In emergencies, though, the monarch can usually sign in double-quick time.
Committees of MPs and, to a lesser extent, committees of lords carry out much of the work of parliament. Two main types of committee exist:
These committees can shadow a particular department or they may look across the activities of a host of different departments. In short, though, parliamentary committees are a big deal, and they can call experts from different walks of life to give evidence.
The House of Commons sets up standing committees temporarily to examine a particular bill put before parliament. The job of a standing committee is to debate and consider amendments to the bill they’re examining.
The Commons Committee of Selection decides membership of the committee according to the number of MPs each party has in parliament as a whole. In a committee with 30 places to fill, the majority of members come from the government party (reflecting the fact that it has a majority of MPs), a large minority from the biggest opposition party and a smaller minority from the third-biggest party, and so on until all 30 places are filled. The key is that the committee is meant to be a microcosm of parliament and reflect the relative size of the parties (in terms of seats won) as closely as possible. So if one party has two thirds of the seats in parliament, its members make up two thirds of the members of each standing committee.
A government with a significant majority of seats in the House of Commons can usually expect to see its legislation go through committee stage without too many unwelcome amendments. MPs may tack on amendments that don’t undermine the basic thrust of the legislation and instead look to improve it, and the government may look at these amendments and agree that they’re a good idea.
Standing committees tend to have quite large memberships – anything from 14 to 50 members. Interestingly, members of standing committees sit with members of their own party, opposite the opposition parties. Therefore, Conservative members of a standing committee sit opposite Labour members. This seating arrangement can make committee meetings quite adversarial in character.
Much of the work of standing committees doesn’t gain public attention, whereas select committees – permanent committees that meet regularly – are sometimes televised and have produced set pieces of political theatre.
Two types of select committee exist:
Of around 20 departmental select committees, the major ones include
Committees meet about once a week while parliament is in session. They question ministers and civil servants, and call witnesses from the general public with special skills or knowledge.
Although committees can question ministers and ask for information from ministries, the minister or their civil servants aren’t automatically obliged to tell the committee what they know or give them access to private departmental documents. Ministers and civil servants who want to keep their dealings secret can always cite national security for not ’fessing up and telling the committee everything they know. For example, during the exhaustive Foreign Affairs Select Committee’s examination of the reasons for war in Iraq in 2003, the committee often met with the argument that to disclose certain information would put national security or the work of the intelligence services at risk.
One of the most notable figures in parliament is the speaker of the House of Commons. She sits on a chair between the government and opposition benches. The speaker is an ancient role, dating back to 1376.
The speaker’s main jobs are:
A ballot of all MPs elects the speaker of the House of Commons. This is a free vote, which means the party whips don’t try to influence how MPs vote (check out Chapter 8 for more on the role of the whips). MPs have a list of candidates – any MP can put her name on this list – from which they pick. When elected, the speaker sits for the duration of the parliament.
As well as the speaker (see the preceding section), several other significant figures play an important role in the UK parliament:
Black Rod and the serjeant at arms are now just ceremonial roles. The nitty-gritty of day-to-day security in the House of Lords and Commons is taken care of by a professional security co-ordinator who has a background in counter-terrorism.
People refer to the climb in government as the ‘greasy pole’ for good reason – slipping back down is very easy.
Most MPs have ambitions above simply being a good constituency MP. They want to make a real difference by becoming a minister who gets to pilot government legislation through the Houses of Parliament and has a real say on government policy potentially affecting the lives of millions of Britons. However, only a small number of MPs become ministers or rise further up the ranks to the highest jobs in government, such as the home secretary, foreign secretary, chancellor of the exchequer and, of course, the top slot, prime minister.
In fact, if you’re an MP representing an opposition party rather than the party of government, you have no chance of becoming a minister until and unless your party secures a majority of seats in the House of Commons and therefore forms the government. But even for those MPs on the government benches in the Commons, making it into ministerial office can still be very hard. Many get close to the summit but don’t quite make it.
The following list outlines the path to ministerial power. Usually, MPs ascend each step in turn and reaching the top can take many years:
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