Functions of Parliament in Great Britain
1. The British Parliament
British, Parliament has been regarded as the earliest of the modern Parliaments and as such called Mother Parliament. It has borne deep imprints on the Parliamentary procedure of modern legislatures.2. Two houses of the Parliament
The British parliament is consisting upon two houses; The House of Commons and the House of Lords.3. Legislative Functions of the House of Commons
The prime function of the House of the Commons is legislation, which may be described as under:a. Drafting of Bills
Nearly all government Bills are drafted by Parliamentary Counsel to the Treasury, a staff of barristers or solicitors in the Treasury whose office was constituted in 1869.b. Classification of Bills
A project of law during its passage through Parliament is called a Bill, and s its subdivisions are called clauses. Bills are classified into three kinds:i. Public Bills
Public Bills i.e. measures affecting the community at large or altering the general law. A public Bill applies by description to all persons subject to the authority of Parliament or to certain classes of such person.
ii. Private Bills
Private Bills, i.e. measures dealing with local or personal matters, such as a Bill giving special powers to a local authority or altering a settlement.
iii. Hybrid Bills
Hybrid Bills, i.e. Bills which, 'although they are introduced as public Bills affect a particular private interest in a manner different from the private interest of other persons or bodies of the same category or class.
c. Ordinary procedure on Public Bills
Most kinds of public Bills may originate either in the Commons or the Lords, but there are certain classes of Bills, such as Money Bills and Bill's dealing with the representation of the people, which by parliamentary custom or constitutional convention may originate only in the Commons.i. introduction of Bills
A member, whether a Minister or unofficial member, introduces a Bill by presenting it at the table or by motion for leave to introduce it, in either case after giving notice.
ii. Five stages
The five stages through which a Bill passes in the legislative process in the Houses are: (i) first reading, (ii) second reading, (iii) committee stage, (iv) report (or consideration of amendments) stage, and (v) third reading.
i. First reading
The Bill is ordinarily presented in "dummy," i.e. a sheet of paper on which is the name of the Member, and the title of the Bill. The "first reading" is purely formal.
ii. Second reading
Section 19 of the .Human Rights Act 1998 requires the Minister in charge of a Bill in either House before the second reading of a bill to make a statement to the effect that in his view the provisions of the Bill are compatible with the Convention rights, a written statement t9 this effect must also be published.
iii. Committee stage
The great majority of Bills which pass the second reading will stand committed to a particular- Standing Committee, unless the House otherwise orders. The other options are: a Committee of the Whole House; splitting the Committee stage between a Committee of the Whole House and a Standing Committee; a joint Committee of the two Houses; an ad ho Select Committee.
The committee stage is the time for discussing details and proposing amendments. The Bill is taken clause by clause, and amendments are moved in the order in which they come in the clause.
Selection of amendments
In order to save time, Standing Orders give to the Speaker on the report stage, or Chairman of Committee, the power to select certain new clauses or amendments for discussion. The rest are voted on without debate.
iv. Report Stage
The Bill as amended in Committee is then "reported" to the House. It may, with certain restrictions, be further amended as in Committee. It is not unusual for the Government to table numerous amendments at this stage, some representing undertakings given in Committee.
v. Third reading
After the Bill has been considered on report, it is put down, for "third reading." If there is a debate on third reading, it is on general principles and only verbal amendments can be moved.
d. Procedure in the Lords
The procedure on legislation in the House of Lords resembles generally the procedure in the Commons, although it has greater flexibility.e. Royal Assent
When a Bill has been passed by both House, or passed by the Commons under the Parliament Acts, it is ready to receive the Royal Assent.f. Private Members' Bills
Public Bills may be introduced by private Members. Private Members do not introduce Bills authorizing expenditure, because these require a financial resolution with a recommendation from the Crown.i. The Ballot
There are always more private Members wishing to introduce Bills than there is Parliamentary time available. At the beginning of each session a Ballot is held and the 20 successful members have priority to introduce a Bill in the time made available.
ii. Ten Minute Rule
A private Member who has not won a place in the ballot can take advantage of the "Ten Minute Rule," whereby motions for leave to introduce Bills may be set down at the commencement of public business on Tuesdays and Wednesdays.
4. Executive Function of the House of Commons
Since there is no separation of powers in the British System. Therefore, the House of Commons performs not only legislative functions but also executive functions which may be mentioned as under:
a. Prime Minister and the Cabinet
The Prime minister is the head of the executive in Great Britain. Being the leader of the majority party in the House of Commons, the Prime Minister assumes the role of leader of the House. As leader of the Houses, the Prime Minister enjoys certain privileges on the floor of the House.
i. Formation of govt.
The primary functions of the Prime Minister are to form a government, and to choose and preside over the Cabinet. He gives advice to his ministerial colleagues on matters before they come to the Cabinet, and he is the main channel of communication between the Cabinet and the Sovereign, with whom he has a weekly audience. He advises the Sovereign on dissolution.
ii. As Cabinet Chief
As head of the Cabinet, the Prime Minister supervises and coordinates the work of different Ministers. He performs a pivotal role in the formation and working of the Cabinet. His opinion carries weight in the Cabinet meetings and as such he can resolve the differences among the ministers.
5. Modern functions of the House of Lords
In a unitary state a Second Chamber is generally though desirable in order to admit into the legislature persons with special kinds of experience or representing ethnic, religious or other minorities, and also to provide opportunity for second thoughts about policy and legislation. As the country has not written constitution, if we had a unicameral legislature our governmental system and laws would be at the mercy of a majority of one in the House of Commons, and moreover the House of Commons Could prolong its own life indefinitely.The functions and powers of the House of Lords in recent years may be considered as under;
a. Pre-legislative scrutiny
The scrutiny of draft Bills by parliamentary committees is a new function for both Houses of Parliament. Joint committees consisting of members of both Houses were appointed in 1998-99 to consider Government Bill. The Lords and the Commons each established a select committee to consider the draft Freedom of Information Bill 1999.
b. Revision of Public Bills sent from the Commons
The House of Lords spends over half its time revising Bills from the Commons. The importance of this function arises from the lack of time available in the Commons to debate legislative proposals.
c. The delaying of legislation
Although of constitutional importance, the power possessed by the Lords to delay the enactment of legislation has been less significant than its role in revising legislation.
Related Articles:
1. Privy Council and its Functions under British Constitution | LLB Notes | Law GAT Notes
2. Exhaustive note on British Monarchy | Notes for Law GAT | LLB Notes