Multimedia Mania/abacus-multimedia-mania.iso/dp/0050/00509.txt

Text File | 1993-07-27 | 30KB | 519 lines

$Unique_ID{bob00509}
$Pretitle{}
$Title{United Kingdom
The Political Party System}
$Subtitle{}
$Author{Embassy of the United Kingdom, Washington DC}
$Affiliation{Embassy of the United Kingdom, Washington DC}
$Subject{house
commons
government
party
bill
lords
committee
bills
committees
members
see
pictures
see
figures
see
tables
}
$Date{1990}
$Log{See Margaret Thatcher*0050901.scf
See Table 1.*0050901.tab
}
Title:       United Kingdom
Book:        Britain's System of Government
Author:      Embassy of the United Kingdom, Washington DC
Affiliation: Embassy of the United Kingdom, Washington DC
Date:        1990

The Political Party System

[See Margaret Thatcher: Meeting with US Secretary State, James Baker. Courtesy
Embassy of the United Kingdom, New York.]

     The party system, existing in one form or another since the eighteenth
century, is an essential element in the working of the constitution.

     The present system relies heavily upon the existence of organised
political parties, each laying policies before the electorate for approval.
The parties are not registered or formally recognised in law, but in practice
most candidates in elections, and almost all winning candidates, belong to
one of the main parties.

     For the last 150 years a predominantly two-party system has operated, and
since 1945 either the Conservative Party, which can trace its origin to the
eighteenth century, or the Labour Party, which emerged in the last decade of
the nineteenth century, has held power. A new party-the Social and Liberal
Democrats (now known as the Liberal Democrats)-was formed in 1988 when members
of the Liberal Party (which could trace its origins to the eighteenth century)
merged with members of the Social Democratic Party, which was itself formed in
1981. Other parties include two nationalist parties, Plaid Cymru (founded in
Wales in 1925) and the Scottish National Party (founded in 1934). In Northern
Ireland there are a number of parties; the largest of those represented in the
House of Commons is the Ulster Unionist Party, which was formed in the early
part of this century, and the Democratic Unionist Party, founded in 1971 by a
group which broke away from the Ulster Unionists.

     Since 1945 seven general elections have been won by the Conservative
Party and six by the Labour Party, and the great majority of members of the
House of Commons have represented either one or other of these two parties.
The percentages of votes cast for the main political parties in the last
general election of June 1987 and the resulting distribution of seats in the
House of Commons are given in Table 1.

     The party which wins most seats (although not necessarily the most votes)
at a general election, or which has the support of a majority of members in
the House of Commons, usually forms the Government. By tradition, the leader
of the majority party is asked by the Sovereign to form a government, and
about 100 of its members in the House of Commons and the House of Lords
receive ministerial appointments (including appointment to the Cabinet-see p
19) on the advice of the Prime Minister. The largest minority party becomes
the official Opposition, with its own leader and `shadow cabinet'.

     Leaders of the Government and Opposition sit on the front benches of the
Commons with their supporters (the backbenchers) sitting behind them. Similar
arrangements for the parties also apply to the House of Lords; however, Lords
who do not wish to be associated with any political party may sit on the
`cross-benches'. The effectiveness of the party system in Parliament rests
largely on the relationship between the Government and the opposition parties.
Depending on the relative voting strengths of the parties in the House of
Commons, the Opposition might seek to overthrow the Government by securing its
defeat on a `matter of confidence'. In general, however, its aims are to
contribute to the formulation of policy and legislation by constructive
criticism; to oppose government proposals it considers objectionable; to
secure concessions on government Bills; and to present its own policies in
such a way as to enhance its chances of electoral success.

[See Table 1.: Percentages of Votes Cast, and Members Elected, in the 1987
General Election]

     The detailed arrangements of government business are settled, under the
direction of the Prime Minister and the Leaders of the two Houses, by the
Government Chief Whips in consultation with the Opposition Chief Whips. The
Chief Whips together constitute the `usual channels' often referred to when
the question of finding time for debating some particular issue is discussed.
The Leaders of the two Houses are primarily responsible for the direction of
business and for providing facilities for the Houses to debate matters about
which they are concerned.

     Outside Parliament, party control is exercised by the national and local
organizations. Inside, it is exercised by the Chief Whips and their
assistants (chosen within the party), whose duties include keeping members
informed of forthcoming parliamentary business, maintaining the party's voting
strength by ensuring members attend important debates, and conveying to the
party leadership the opinions of backbench members. The importance a party
attaches to a vote on a particular issue is indicated to the MPs by the
underlining (once, twice or three times) on the notice sent to them each week
by the Whips; failure to comply with a `three-line whip' (the most important)
is usually seen as rebellion against the party's policy. Party discipline
tends to be less strong in the Lords than in the Commons, since Lords have
less hope of high office and no need of party support in elections.

     The Government Chief Whip in the Commons is Parliamentary Secretary
to the Treasury. Of the other Government Whips, three are officers of the
Royal Household (one of these is Deputy Chief Whip), five hold titular posts
as Lords Commissioners of the Treasury and five are Assistant Whips. Salaries
are also paid to the Opposition Chief Whips in both Houses and to two of the
Opposition Assistant Whips in the Commons. The Government Whips in the Lords
hold offices in the Royal Household and act as government spokesmen.

     Annual assistance from public funds helps opposition parties carry out
their parliamentary work at Westminster. It is limited to parties which had
at least two members elected at the previous general election or one member
elected and a minimum of 150,000 votes cast. The amount is 2,550 Pounds for
every seat won, plus 5.10 Pounds for every 200 votes.

Parliamentary Procedure

     Parliamentary procedure is based on custom and precedent. The system of
debate is much the same in the two Houses: the subject starts off as a
proposal or `motion' by a member. When a motion has been moved, the Speaker
proposes the question for debate. At the end of each debate the question may
be agreed to without voting, or decided by a simple majority vote. The main
difference between the two Houses is that the Speaker of the Lords has no
authority to check debate or cut it short. Such matters are decided by the
general feeling of the House. In the Commons the Speaker has full authority
to enforce the rules and orders of the House. The Speaker of the Commons must
guard against abuse of procedure or infringement of minority rights. The
Speaker has discretion to allow or disallow a motion to end discussion so that
a matter may be put to the vote. He has powers to put a stop to irrelevance
and repetition in debate, and to save time in other ways. In cases of grave
disorder the Speaker can adjourn or suspend the sitting. The Speaker may order
members who have offended against the rules of behaviour of the House to leave
or be suspended for a period of days.

     The Speaker supervises voting in the Commons and announces the final
result. In a tied vote the Speaker gives a casting vote, without expressing
an opinion on the merits of the question. The voting procedure in the House
of Lords is similar to that in the Commons, except that the Speaker or
chairman has an ordinary vote.

     The Commons has a public register of MP's financial interests. Members
with a financial interest in a matter before the House must declare it when
taking part in a debate. To act as a disqualification from voting the interest
must be direct, immediate and personal. In other proceedings of the House or
in dealings with other members, ministers or civil servants, MPs must also
disclose any relevant financial interest or benefit. There is no register of
financial interests in the Lords, but Lords speaking in a debate in which they
have a direct interest are expected to declare it.

     Proceedings of both Houses are normally public. The minutes and speeches
(Hansard) are published daily. The records of the Lords from 1497 and of the
Commons from 1547, together with the parliamentary and political papers of
certain past members of both Houses, are available to the public through the
House of Lords Record Office. The proceedings of both Houses of Parliament
may be broadcast on television and radio, either live or more usually in
recorded or edited form.

Legislative Proceedings

     The law undergoes constant reform in the courts as established principles
are interpreted, clarified or reapplied to meet new circumstances. Substantial
changes are the responsibility of Parliament and the Government through the
normal legislative process.

     A draft law takes a form of a parliamentary Bill. Most Bills are public
Bills involving measures relating to public policy. Private Bills deal with
matters of individual, corporate or local interest. Hybrid Bills are public
Bills which may affect private rights. The passage of private Bills and hybrid
Bills through Parliament is governed by a special procedure which allows those
affected to make representations. Public Bills can be introduced, in either
House, by a government minister or by an ordinary member. Most public Bills
that become law are sponsored by the Government.

     Before a government Bill is finally drafted, there is normally
considerable consultation with professional bodies, voluntary organisations
and other agencies interested in the subject matter. These include major
interest and pressure groups which aim to promote a specific cause. Proposals
for legislative changes are sometimes set out in government `White Papers',
which may be debated in Parliament before a Bill is introduced. From time to
time consultative documents, sometimes called `Green Papers', set out for
public discussion government proposals which are still taking shape.

     Bills must be passed by both Houses. As a rule government Bills likely
to raise political controversy go through the Commons before being discussed
in the Lords, while those of a technical but non-political nature often pass
through the Lords first. A Bill with a mainly financial purpose is nearly
always introduced in the Commons, and a Bill involving taxation must be based
on resolutions agreed by that House, often after debate, before it can be
introduced. If the main object of a Bill is to create a public charge, the
Commons can proceed with it only if it is introduced by a minister or, if
brought from the Lords, taken up by a minister. This arrangement gives the
Government considerable control over financial legislation.

Private Member's Bills

     At the beginning of each session private members of the Commons ballot
for precedence in introducing a Bill on one of the Fridays specially
allocated; the first 20 are successful. After the ballot a private member may
also present a Bill after question time (see p 15), or seek to introduce a
Bill under the `ten minute rule', which allows two speeches, one in favour of
and one against the measure, after which the House decides whether to allow
the Bill to be brought in. Private members' Bills do not often proceed very
far, but a few become law each session. If one secures a second reading, the
Government usually introduces any necessary money resolution. Private members'
Bills may be introduced in the House of Lords at any time, but the time that
can be given to them in the Commons is limited.

Passage of Public Bills

     The process of passing a public Bill is similar in both Houses. The Bill
receives a formal first reading on introduction, is printed, and after a while
(between one day and several weeks, depending on the nature of the Bill) it is
given a second reading after a debate on its general principles and merits. In
the Commons a non-controversial Bill may be referred to a second reading
committee for its second reading debate. After a second reading in the
Commons, a Bill is usually referred for detailed examination to a standing
committee (see p 14). If the House so decides, the Bill may be referred to the
whole House sitting in committee. The committee stage is followed by the
report stage, during which further amendments may be considered. At the third
reading a Bill is reviewed in its final form and may again be debated. The
House may vote to limit the time devoted to examining a Bill by passing a
government timetable motion, commonly referred to as a `guillotine'. After the
third reading a Commons Bill is sent to the Lords. After the second reading in
the Lords, a Bill is considered by a committee of the whole House unless the
House takes the rare decision to refer it to a Public Bill Committee. It is
then considered on report and read a third time; at all these stages
amendments may be made. A Bill which starts in the Lords and is passed by that
House is then sent to the Commons for all the stages there. Amendments made
by the second House generally must be agreed by the first, or a compromise
reached, before a Bill can become law.

     Most government Bills introduced and passed in the Lords pass through
the Commons without difficulty. However, if a Lords Bill were unacceptable
to the Commons it would generally not become law. The Lords, on the other
hand, do not in general prevent a Bill insisted upon by the Commons from
finally becoming law, though they will often amend and return it for further
consideration by the Commons. In practice, the Lords pass Bills authorising
taxation or national expenditure without amendment. Under the Parliament
Acts 1911 and 1949, a Bill that deals only with taxation or expenditure must
become law within one month of being sent to the Lords, whether or not they
agree to it, unless the Commons directs otherwise. If no agreement is reached
between the two Houses on a non-financial Commons Bill the Lords can delay the
Bill for a period amounting (in practice) to at least 13 months. At the end
of this time the Bill may be submitted to the Queen for Royal Assent, provided
it has been passed a second time by the Commons. The Parliament Acts make one
important exception: a Bill to lengthen the life of a Parliament would require
the full assent of both Houses in the normal way.

     The limits to the power of the Lords, contained in the Parliament Acts,
are based on the belief that the principal legislative function of the
non-elected House nowadays is to act as a chamber of revision, complementing
but not rivalling the elected House.

     When a Bill has passed through all its parliamentary stages, it is sent
to the Queen for Royal Assent, after which it is part of the law of the land
and known as an Act of Parliament. The Royal Assent has not been refused since
1707.

Private Bills

     Private Bills are promoted by people or organisations outside Parliament
(often local authorities) to give them special powers not granted by the
general law. They go through substantially the same procedure as public Bills,
but most of the work is done in committee, where procedures follow a
semi-judicial pattern: the promoter must prove the need for the powers or
privileges sought and the objections of opposing interests are heard. Both
sides may be legally represented.

Delegated Legislation

     In order to relieve pressure on parliamentary time, much legislation
gives ministers and other authorities the power to regulate administrative
details by making `delegated legislation'. To minimise the risk that powers
thus conferred on the executive might supersede or weaken parliamentary
government, they are normally delegated to authorities directly responsible
to Parliament. Moreover, the Acts of Parliament by which particular powers
are delegated often provide for some measure of parliamentary control over
legislation made in exercise of these powers, by reserving to Parliament the
right to affirm or annul it. Certain Acts also require direct consultation
with organisations affected before rules and orders can be made.

     A joint committee of both Houses reports on the technical propriety of
these `statutory instruments'. In order to save time on the floor of the
House, the Commons also uses standing committees to consider the merits of
instruments, with any decisions reserved to the House.

Parliamentary Committees

Committees of the Whole House

     Either House may resolve itself into a committee of the whole House to
consider Bills in detail after their second reading. This permits unrestricted
discussion, since the rule that a Member or Lord may speak only once on each
issue does not apply in committee.

Standing Committees

     House of Commons standing committees include those which examine public
Bills at the committee stage and, in certain cases, at the second reading
stage; two Scottish standing committees; and the Scottish and Welsh Grand
Committees. Ordinary standing committees have no distinctive names, being
referred to simply as Standing Committee A, B, C, and so on; and the
membership is separately appointed to consider each specific Bill. Each
committee has between 16 and 50 members, with a party balance reflecting as
far as possible that in the House as a whole. The Scottish Grand Committee,
which comprises all 72 Scottish members (and may be convened in Edinburgh),
considers the principles of Scottish Bills referred to it at second reading
stage, and Scottish estimates and other matters concerning Scotland only
which may be referred to it. The Welsh Grand Committee, with all 38 Welsh
members and up to five others, considers Bills referred to it at second
reading stage, and matters concerning Wales only. There is also provision for
a Northern Ireland committee to debate matters relating specifically to
Northern Ireland. The Lords' equivalent to a standing committee, a Public Bill
Committee, is rarely used.

Select Committees

     Unlike standing committees, which proceed by way of formal debate, select
committees are appointed, normally for the duration of a Parliament, to
examine subjects by taking written and oral evidence. After private
deliberation they present a report of their conclusions and recommendations.
Select committees may be appointed to help Parliament with the control of the
executive by examining aspects of public policy and administration. They also
undertake responsibilities in connection with the internal operations and
procedures of Parliament. In the former category come the 13 committees
established by the House of Commons to examine the expenditure, administration
and policy of the main government departments and related bodies. The Foreign
Affairs Committee, for example, `shadows' the work of the Foreign and
Commonwealth Office. The committees are constituted on a party basis, in
approximate proportion to party strength in the House.

     Other regular Commons committees include those on European Legislation,
Public Accounts, Members' Interests, the Parliamentary Commissioner for
Administration, and House of Commons Services. The Committee of Selection and
the Standing Orders Committee have duties relating to private Bills, and the
Committee of Selection also chooses members to serve on standing and select
committees. A Liaison Committee considers general matters relating to select
committees. On rare occasions a parliamentary Bill is examined by a specially
appointed select committee, a procedure additional to the usual legislative
process: this occurs, for example every few years for the Armed Forces Bill.

     In their scrutiny of government policies, the committees question
ministers, senior civil servants and interested bodies and individuals.
Through hearings and published reports, they bring before Parliament and the
public a body of fact and informed opinion on many important issues, and
build up considerable expertise in their subjects of inquiry.

     In the House of Lords, besides the Appeal and Appellate Committees, in
which the bulk of the House's judicial work is transacted, there are two major
select committees, with several sub-committees, on the European Communities
and on Science and Technology. There are also select committees on House of
Lords' Offices, Hybrid Instruments, Leave of Absence and Lords' Expenses,
Personal Bills, Private Bill Standing Orders, Privileges, Procedure,
Selection and Broadcasting.

Joint Committees

     Joint committees, with a membership drawn from both Houses, are
appointed in each session to deal with Consolidation Bills and delegated
legislation. The two Houses may also agree to set up joint select committees
on other subjects.

Party Committees

     In addition to the official committees of the two Houses there are
several unofficial party organisations or committees. The Conservative and
Unionist Members' Committee (the 1922 Committee) consists of the backbench
membership of the party in the House of Commons. When the Conservative Party
is in office, ministers attend its meetings by invitation and not by right.
When the party is in opposition, the whole membership of the party may attend
meetings and the leader appoints a consultative committee, which acts as the
party's `shadow cabinet'.

     The Parliamentary Labour Party is a corporate body comprising all members
of the party in both Houses. When the Labour Party is in office a
parliamentary committee, half of whose members are elected and half of whom
are government representatives, acts as a channel of communication between the
Government and its backbenchers in both Houses. When the party is in
opposition the Parliamentary Labour Party is organised under the direction of
an elected parliamentary committee, which acts as the `shadow cabinet'.

Other Forms of Parliamentary Control

     The effectiveness of parliamentary control of the Government is a subject
of continuing discussion, both inside and outside Parliament. In addition to
the system of close scrutiny by select committees, the House of Commons offers
a number of opportunities for a searching examination of government policy by
both the Opposition and the Government's own backbenchers.

     These include:

     1. Question time, when for an hour on Monday, Tuesday, Wednesday and
Thursday, ministers answer MPs' questions. The Prime Minister's question time
takes place on Tuesday and Thursday. Parliamentary questions are one means of
eliciting information about the Government's intentions. They are also a way
of airing, and possibly securing redress of, grievances brought to MPs' notice
by constituents. MPs may also put questions to ministers for written answers,
which are published in Hansard, the official report.

     2. The right of MPs to use motions for the adjournment of the House to
open discussions on constituency cases or matters of public concern. There is
a half-hour adjournment period at the end of the business of the day, while
immediately before the adjournment for each recess (Christmas, Easter, spring
and summer) a full day is spent discussing matters raised by private members.
Moreover, an MP wishing to discuss a `specific and important matter that
should have urgent consideration' may, at the end of question time, ask leave
to move the adjournment of the House. If the Speaker accepts the terms of the
motion, the MP asks the House for leave for the motion to be put forward.
Leave can be given unanimously, or it can be given if 40 or more MPs support
the motion or if fewer than 40 but more than ten support it and the House
(on a vote) is in favour. Once leave has been given, the matter is debated for
three hours, usually on the next day.

     3. The 20 Opposition days each session, when the Opposition can choose
subjects for debate. Of these days, 17 are at the disposal of the Leader of
the Opposition and 3 at the disposal of the second largest opposition party.

     4. Debates on the occasion of the passage, three times a year, of
Consolidated Fund or Appropriation Bills, when members can exercise their
traditional right of `raising grievances' on matters for which any minister
is responsible. This takes place after voting the necessary supplies (money)
for the Government.

     5. Debates on three days in each session on details of proposed
government expenditure recommended for consideration by the Liaison Committee
(see p 15).

     Procedural opportunities for criticism of the Government also arise
during the debate on the Queen's speech at the beginning of each session,
during debates or motions of censure for which the Government gives up part of
its own time, and during debates on the Government's legislative proposals.

     Opportunities for criticism and examination of government policy are
provided in the House of Lords at daily question time, during debates on
general motions, in `unstarred' questions (which can be debated) at the end
of the day's business and during debates on specific legislative proposals.

     The main responsibilities of Parliament, and more particularly of the
House of Commons, in managing the revenue of the State and payments for the
public service, are to authorise the taxes and duties to be levied and the
various objects of expenditure and the sum to be spent on each. It also has to
satisfy itself that the sums granted are spent only for the purposes which
Parliament intended. No payment out of the central government's public funds
can be made and no taxation, charges or loans authorised, except by Act of
Parliament. However, interim payments can be made, within limits, from the
Contingencies Fund. The Finance Act is the most important of the annual
statutes which authorise the raising of revenue. The legislation is based on
the Chancellor of the Exchequer's Budget statement, which is normally made
annually in March or April and which includes a review of the public finances
of the previous year, and proposals for meeting the estimated expenditure of
the coming year. Scrutiny of public expenditure is carried out by House of
Commons select committees (see p 14).

     To keep the two Houses informed of European Community developments, and
to enable them to scrutinise and debate Community policies and proposals,
there is a select committee in each House (see p 14). Ministers also make
regular statements about Community business.

     Control is exercised finally by the ability of the House of Commons to
force the Government to resign by passing a resolution of `no confidence', or
by rejecting a proposal for legislation which the Government considers so
vital to its policy that it has made it a `matter of confidence' or, finally,
by refusing to vote the money required for the public service.

Parliamentary Commissioner for Administration

     The Parliamentary Commissioner for Administration (the `Parliamentary
Ombudsman') investigates, independently, complaints of maladministration
when asked to do so by MPs on behalf of members of the public. Powers of
investigation extend to administrative actions by central government
departments and certain executive and non-departmental bodies but not to
policy decisions (which can be questioned in Parliament) nor to matters
affecting relations with other countries. Complaints by British citizens
arising from dealings with British diplomatic posts overseas are open to
investigation in some circumstances. The Commissioner has access to
departmental papers and reports the findings to the MP who presented the
complaint. The Commissioner is required to report annually to Parliament.
In addition, he or she publishes details of selected investigations at
quarterly intervals and may submit other reports where necessary. A
Commons select committee has responsibility for overseeing the Commissioner's
work.

Parliamentary Privilege

     Each House of Parliament has certain rights and immunities to protect it
from obstruction in carrying out its duties. The rights apply collectively to
each House and individually to each member.

     For the Commons the Speaker formally claims from the Queen `their
ancient and undoubted rights and privileges' at the beginning of each
Parliament. These include freedom of speech; freedom from arrest in civil
actions; exemption from serving on juries, or being compelled to attend
court as witnesses; and the right of access to the Crown, which is a
collective privilege of the House. Further privileges include the rights of
the House to control its own proceedings (so that it is able, for instance,
to exclude `strangers' if it wishes); to pronounce upon legal
disqualifications for membership and to declare a seat vacant on such
grounds; and to punish for breach of its privileges and for contempt.

     The privileges of the House of Lords are broadly similar to those of the
House of Commons.