# UK Constitution and Government/Parliament


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## Parliament

Parliament is the supreme law-making body in the United Kingdom. It is
made up of two *Houses of Parliament*, namely the *House of Commons* and
the *House of Lords*, as well as the Sovereign. The Sovereign\'s
involvement in the life and working of Parliament is purely formal.

In constitutional theory, Parliament in its strictest sense is sometimes
referred to as the *Queen-in-Parliament*; this contrasts with the more
ordinary use of the term \"Parliament\", meaning just the two Houses of
Parliament. Within the British constitutional framework, the
Queen-in-Parliament is supreme (\"sovereign\"), able to make, alter, or
repeal any law at will.

Both Houses of Parliament meet at the *Palace of Westminster*.

## Parliaments and Sessions

As with most legislatures, Parliament does not continue in perpetual
existence. Typically, the \"life\" of a Parliament is around four years.

Parliament is initially *summoned* by the Sovereign. This now always
occurs after there has been a general election. Once assembled, and a
Speaker has been chosen by the House of Commons, Parliament is formally
*opened* by the Sovereign. The business of the two Houses is arranged
into *sessions*, which usually last a year (running from around October
or November each calendar year). However, there is usually a long
*recess* during the summer months, when business is temporarily
suspended.

The opening of each parliamentary session is conducted in accordance
with a great deal of traditional ceremony. The Sovereign takes his or
her seat on the throne situated in the chamber of the House of Lords,
and the Gentleman Usher of the Black Rod (one of that House\'s officers)
is commanded to summon the House of Commons. When Black Rod reaches the
door of the Commons, it is slammed shut in his face, to symbolise the
right of the Commons to debate without royal interference. Black Rod
then solemnly knocks on the door with his staff of office; on the third
knock, the door is opened, and he is permitted to enter and deliver his
message. MPs then proceed from the Commons to the House of Lords, to
hear the *Speech from the Throne*, more commonly known as the *Queen\'s
Speech*. The Speech outlines the Government\'s legislative proposals for
the session; while worded as if it\'s the Sovereign\'s own policy, the
Speech is in fact entirely drafted by Government ministers.

Each session is ended by a *prorogation*. The Commons are formally
summoned to the House of Lords, where another formal Speech is read out,
summing up the work of the two Houses of Parliament over the course of
the session. In practice the Sovereign no longer attends for the
prorogation; *Lords Commissioners* are appointed to perform the task,
and one of their number also reads out the Speech.

By law, each Parliament must come to an end no later than five years
from its commencement; this is known as *dissolution*. Because a
dissolution is necessary in order to trigger a general election, the
Prime Minister was effectively able to choose to hold elections at a
time that seems the most advantageous to his or her political party.

After the 2010 General Election the Liberal Democrat party made the
introduction of a law on fixed term parliaments a requirement for
forming a coalition government with the Conservative party. A coalition
was necessary as the result of the election meant no party had an
overall majority of seats. The main opposition party from the previous
parliament, the Conservative party, gained the most seats and under
parliamentary protocol had the first opportunity to try and form a
government. They concluded a formal deal with the Liberal Democrats to
govern together. The Liberal Democrats had insisted on fixing the term
of parliaments to reduce the inherent advantage the governing party had
in being able to choose the moment to hold an election. There are
provisions in the Fixed Term Parliaments Act to allow an early election
with the consent of Parliament. These provisions were used in 2017.

Although the duration of Parliament has been restricted to five years
since 1911, legislation was passed during both World Wars to extend the
life of the existing Parliament; this meant that the Parliament summoned
in 1935 eventually continued in existence for around ten years, until
1945.

## House of Commons

### Composition

While sometimes described as the \"lower house\", the House of Commons
is by far the most important of the two Houses of Parliament. Members of
the House of Commons are known as *Members of Parliament*, or *MPs*.

The entire United Kingdom is subdivided into *constituencies*, each of
which returns one MP to sit in the House of Commons. There are presently
650 constituencies, however the exact number fluctuates over time as the
boundaries of constituencies are periodically reviewed by Boundaries
Commissions set up for each part of the UK. Constituencies are intended
to have roughly equal numbers of voters, but in practice the smallest
and largest constituencies can have a significant difference in size.

At each *general election* all seats in the House of Commons become
vacant. If a seat becomes vacant during the life of a Parliament (i.e.
between general elections), then a *by-election* is held for that
constituency. The election for each constituency is by secret ballot
conducted according to the *First-Past-the-Post* system: the candidate
with the most votes is *returned* as MP.

#### Qualifications of voters

A person must be aged at least eighteen in order to vote.

The following nationalities are entitled to vote at parliamentary
elections:

-   British citizens
-   citizens of the Republic of Ireland
-   citizens of Commonwealth countries

Irish and Commonwealth citizens must have been resident in the United
Kingdom. British citizens who are resident abroad are only able to vote
if they had been resident in the United Kingdom within the previous 15
years.

Certain categories of people are unable to vote:

-   the Sovereign
-   members of the House of Lords
-   people serving prison sentences
-   persons convicted of \"corrupt practices\" (electoral malpractice)
    within the previous five years
-   the insane

By convention, close relatives of the Sovereign also do not vote.

#### Qualifications of MPs

Anyone who is not disqualified to vote is also qualified to be an MP,
except the following:

-   undischarged bankrupts
-   persons convicted of treason
-   members of legislatures outside of the United Kingdom that are not
    in Commonwealth countries
-   civil servants
-   members of certain specific public bodies, and holders of certain
    specific statutory offices
-   members of the armed forces
-   judges

#### Resignation as an MP

Since the 17th century, the House of Commons has asserted that MPs may
not resign. However, in practice members are able to resign by the legal
fiction of appointment as *Crown Steward and Bailiff of the three
Chiltern Hundreds of Stoke, Desborough, and Burnham*, or as *Crown
Steward and Bailiff of the Manor of Northstead*. Neither of these
offices carries any duties, but have been preserved in force so that
those appointed to them automatically lose their seats in the House of
Commons as having accepted an *office of profit under the Crown*.

### Speakership and procedure

The House of Commons is presided over by the *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 Speaker and his or her deputies are elected at the commencement of a
Parliament, and serve until its dissolution. Following a general
election, the *Father of the House* (the member with the longest
unbroken service in the House, who is not also a Minister of the Crown)
takes the chair. If the Speaker from the previous Parliament has been
returned as a member of the new Parliament, and intends to continue in
office, then the House votes on a motion that the member take the chair
as Speaker. Otherwise, or if the motion for his or her 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 the 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, which the Lords Commissioners then confirm 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
new election is otherwise conducted in the same manner as at the
beginning of a Parliament. The new Speaker-elect receives the Royal
Approbation from Lords Commissioners; however, the ceremonial assertion
of the rights of the Commons is not repeated.

The Speaker is expected to act impartially. He or she is an important
figure within the House of Commons, controlling the flow of debate by
selecting which members get to speak in debates, and by ensuring that
the customs and procedures of the House are complied with. The Speaker
and his deputies do not generally speak during debates, nor vote at
divisions.

The Speaker also exercises disciplinary powers. He or she may order any
member to resume his or her seat if they consistently contribute
irrelevant or repetitive remarks during a 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 then votes on whether to suspend the member in
question for a certain number of days, or even, in the 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\". The Speaker then assesses the result, saying \"I think the
Ayes have it\" or \"I think the Noes have it\", as appropriate. 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. In the event of a tied vote, the Speaker (or
other occupant of the Chair) has a *casting vote*; however, conventions
exist that the Speaker would cast a vote to maintain the *status quo.*
In effect moving bills on to further scrutiny, but not pass a bill into
law.

## House of Lords

### Composition

Generally speaking, membership of the House of Lords is by appointment
for life. However, up until 1999, hereditary peers were also members of
the Lords; when this right was abolished, a compromise measure allowed
them to elect ninety of their number to continue as members.

Certain office-holders are also ex officio members of the House of
Lords:

-   the Earl Marshal
-   the Lord Great Chamberlain
-   the Archbishop of Canterbury
-   the Archbishop of York
-   the Bishops of London, Durham, and Winchester

The Earl Marshal and Lord Great Chamberlain are mostly ceremonial
offices. In addition to the three ex officio bishops, the 21
longest-serving diocesan bishops also sit in the Lords.

The general qualifications for sitting and voting in the Lords are:

-   to have reached the age of 21
-   to be a British citizen, or a citizen of the Republic of Ireland, or
    a citizen of a Commonwealth country
-   to not have been convicted of treason
-   to not have been declared insane

### Speakership and procedure

The *Lord Speaker* is elected by the House. Until recently his or her
duties were carried out by the Lord Chancellor, a Minister of the Crown.

In contrast with the Speaker of the House of Commons, the Lord Speaker
has a relatively minor role, since the House of Lords is generally
self-governing: the House itself decides upon points of order and other
such matters. The seat used by the Lord Speaker is known as *the
Woolsack*.

Similar to the House of Commons, the Lords also vote by voice first. The
Lord Speaker (or whoever else is presiding) puts the question, with
those in favour saying \"Content,\" and those opposed saying
\"Not-Content.\" If the Lord Speaker\'s assessment of the result is
challenged, a division follows, with members voting in the appropriate
lobby just as is done in the Commons. The officer presiding may vote
from his or her 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.

## Acts of Parliament

Legislation passed by Parliament is in the form of an *Act of
Parliament*.

A draft law is known as a *Bill*. A bill passes into law provided that
it has either been passed by both Houses of Parliament, or the
provisions of the Parliament Acts have been complied with; and provided
it has received the Royal Assent.

A bill must pass through several stages in both of the two Houses. A
bill is \"read\" three times in each House. The First Reading for Public
Bills is almost always a formality. The Second Reading is a debate on
the merits of the general principles behind the bill. Next follow the
Committee and Report stages. The Third Reading is a vote upon the bill
as a whole, as amended during the Committee and Report stages. Once the
House into which the bill was first introduced has finished with it, the
bill is then introduced into the other House. Any amendments by the
second House then have to be agreed to by the first before the bill can
proceed.

Bills are classified as either *Government Bills* or as *Private
Members\' Bills*. Ministers of the Crown introduce Government Bills;
private members introduce Private Members\' Bills.

Bills are also 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 named company, person or other entity (for instance,
authorising major constructions on specific named public lands).
Personal bills are private bills that confer specific rights to specific
named 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.

### Public Bills

A Public Bill\'s First Reading is usually a mere formality, allowing its
title to be entered in the Journals and for its text to be printed by
the House\'s authority.

After two weeks, one of the bill\'s supporters 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 a Government bill 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 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 House, or offer other
amendments in lieu. If one House has rejected an amendment, the other
House may nevertheless insist upon it. If a House insists upon an
amendment that the other rejects, then the bill is lost unless the
procedure set out in the Parliament Acts is complied with.

Once a bill has passed by both Houses, or has been certified by the
Speaker of the Commons as having passed the House of Commons in
conformity with the Parliament Acts, the bill is finally submitted to
the Sovereign for *Royal Assent*. Since 1708, no Sovereign has failed to
grant Royal Assent to a bill. Assent may be given by the Sovereign in
person, but is usually given in the form of letters patent read out in
each of the Houses; in the House of Lords the Clerk announces the Norman
French formula \"La Reyne le Veult\", and the Bill thereupon becomes an
Act of Parliament. In 1708 the formula used for the Scottish Militia
Bill was \"La Reyne s\'avisera\" (however, this was on ministerial
advice).

In theory the Sovereign has the right to either *withhold* or *reserve*
the assent, however this right is not exercised. If assent were
withheld, then the bill would fail. If assent were reserved, then
formally a final decision on the bill has been put off until a later
time; if Assent were not given before prorogation of the session, then
the bill would fail.

### Private, Personal and Hybrid Bills

In the nineteenth century several hundred private Acts were passed each
year, dealing with such matters as the alteration of local authority
powers, the setting up or alteration of turnpike trusts, etc. A series
of reforms has eliminated the necessity for much of this legislation,
meaning that only a handful of private Acts are now passed each year.

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.

### Supremacy of the House of Commons

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 by failing to vote on it), and the bill has been
passed by the Commons in two consecutive sessions, then the bill may be
presented for Royal Assent unless the House of Commons otherwise
directs, and provided that the bill was introduced in the Lords at least
one month before the end of each session. However, twelve months must
have passed between the Second Reading in the first session, and the
final vote on passage in the second one. Also, the bill passed by the
Commons in each session must be identical, except to take into account
the passage of time since the bill was first proposed.

The effect of the procedure set out in the Parliament Acts is that the
House of Lords may delay a bill for at least thirteen months, but would
ultimately be unable to overturn the concerted will of the House of
Commons. However, this procedure does not apply in the case of private
or personal bills, nor to 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
regardless. Any amendments made by the House of Lords are ignored 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 expenditure). 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 reads:

:   *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.

## Delegated legislation

Many Acts of Parliament authorise the use of Statutory Instruments (SIs)
as a more flexible method of setting out and amending the precise
details for new arrangements, such as rules and regulations. This
delegated power is given either to the Queen in Council, a Minister of
the Crown, or to other named office holders. An Act may empower the
Government to make a Statutory Instrument and lay it before both Houses,
the SI to take legal effect if approved by a simple vote in each House;
or in other cases, if neither House objects within a set time. In
theory, Parliament does not lose control over such statutory instruments
when delegating the power to make them, while being saved the necessity
to debate and vote upon even quite trivial changes, unless members wish
to raise objections.

## English Votes For English Laws

During the creation of the Devolved Administrations of Scotland and
Wales, the idea of an English Parliament or Regional Assemblies were
discussed but ultimately not implemented. This created an issue where
the UK Parliament is acting as a *de facto* English Parliament on
matters devolved to the national assemblies. MPs from all regions were
free to debate and vote on issues which did not effect their
constituencies or constituents.

The Conservative Government of 2015 decided to address the issue in a
controversial manner. Instead of bringing a bill to the Parliament, they
proposed changes to the Statutory Instruments (SIs). Any bill brought
before the Commons which is adjudged by the Speaker to only effect
English Constituencies (or in some limited cases England and Wales) can
have a "double majority" rule imposed. In short, all MPs are allowed to
debate and vote, but for a vote to be won both a count of votes of all
MPs and a vote for English only MPs must be won.

## Privilege

Each House has a body of rights that it asserts, or which are conferred
by statute, with the aim of being allowed to carry out its duties
without interference. For example, members of both Houses have freedom
of speech during parliamentary debates; what they have said cannot be
questioned in any place outside Parliament, and so a speech made in
Parliament cannot constitute slander. These rights are collectively
referred to as *Parliamentary Privilege*.

Both Houses claim to determine their own privileges, and are
acknowledged by the courts as having the authority to control their own
proceedings, as well as to discipline members abusing the rules.
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 on 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 are 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.

