House of Commons of the United Kingdom

Although the House of Commons does not formally elect the prime minister, by convention and in practice, the prime minister is answerable to the House, and therefore must maintain its support. In this way, the position of the parties in the House is of overriding importance. Thus, whenever the office of prime minister falls vacant, the monarch appoints the person who has the support of the house, or who is most likely to command the support of the house—normally the leader of the largest party in the house—while the leader of the second-largest party becomes the leader of the Opposition. Since 1963, by convention, the prime minister has always been a member of the House of Commons, rather than the House of Lords.

The Commons may indicate its lack of support for the government by rejecting a motion of confidence or by passing a motion of no confidence. Confidence and no confidence motions are phrased explicitly: for instance, "That this House has no confidence in His Majesty's Government." Many other motions were until recent decades considered confidence issues, even though not explicitly phrased as such: in particular, important bills that were part of the government's agenda. The annual Budget is still considered a matter of confidence. When a government has lost the confidence of the House of Commons, the prime minister is obliged either to resign, making way for another MP who can command confidence, or request the monarch to dissolve Parliament, thereby precipitating a general election.

Before 2011, Parliament sat for anything up to five years. This was a maximum: the prime minister could, and often did, choose an earlier time to dissolve parliament, with the permission of the monarch. Since the Dissolution and Calling of Parliament Act 2022 and formerly the Fixed-term Parliaments Act 2011, the term has been fixed at five years. However, an early general election can be brought about (inter alia) by the approval of MPs holding at least two-thirds of all seats (whether vacant or entitled to vote, or not) or by a vote of no confidence in the government that is not followed within fourteen days by a vote of confidence (which may be for confidence in the same government or in a different one). By the second of these mechanisms, the UK's government can change its political composition without an intervening general election. As of 25 October 2022, four of the eleven last prime ministers have attained office as the immediate result of a general election; the others have gained office upon the resignation of a prime minister of their own party.[2]

A prime minister will resign after party defeat at an election if unable to form a coalition, or obtain a confidence and supply arrangement, and may resign after a motion of no confidence in the prime minister or for personal reasons. In such cases, the premiership goes to whoever can command a majority in the House, unless there is a hung parliament and a coalition is formed; the new prime minister will by convention be the new leader of the resigner's party. It has become the practice to write the constitutions of major UK political parties to provide a set way to appoint a new party leader.[3]

By convention, ministers are members of either the House of Commons or the House of Lords. A handful have been appointed from outside Parliament, but in most cases they then entered Parliament in a by-election or by receiving a peerage (being made a peer). Since 1902, all prime ministers have been members of the Commons; the sole exception was during the long summer recess in 1963: Alec Douglas-Home, then the 14th Earl of Home, disclaimed his peerage (under a new mechanism which remains in force) three days after becoming prime minister. The new session of Parliament was delayed to await the outcome of his by-election, which happened to be already under way due to a recent death. As anticipated, he won that election, which was for the highest-majority seat in Scotland among his party; otherwise he would have been constitutionally obliged to resign.

Since 1990, almost all cabinet ministers, save for three whose offices are an intrinsic part of the House of Lords, have belonged to the Commons.

Few major cabinet positions (except Lord Privy Seal, Lord Chancellor and Leader of the House of Lords) have been filled by a peer in recent times. Notable exceptions are Peter Carington, 6th Lord Carrington, who served as Foreign Secretary from 1979 to 1982; David Young, Lord Young of Graffham, who was appointed Employment Secretary in 1985; Lord Mandelson, who served as Business Secretary; Lord Adonis, who served as Transport Secretary; Baroness Amos, who served as International Development Secretary; Baroness Morgan of Cotes, who served as Culture Secretary; and Lord Goldsmith of Richmond Park, who is serving as Minister of State for Environment, Food and Rural Affairs and Minister of State for International Development. The elected status of members of the Commons (as opposed to the unelected Lords) and their direct accountability to that House, together with empowerment and transparency, ensures ministerial accountability. Responsible government is an international constitutional paradigm. The prime minister chooses the ministers, and may decide to remove them at any time, although the appointments and dismissals are formally made by the Sovereign.

The House of Commons formally scrutinises the Government through its Committees and Prime Minister's Questions, when members ask questions of the prime minister; the house gives other opportunities to question other cabinet ministers. Prime Minister's Questions occur weekly, normally for half an hour each Wednesday. Questions must relate to the responding minister's official government activities, not to his or her activities as a party leader or as a private Member of Parliament. Customarily, members of the Government party/coalition and members of the Opposition alternate when asking questions. Members may also make inquiries in writing.

In practice, this scrutiny can be fairly weak. Since the first-past-the-post electoral system is employed, the governing party often enjoys a large majority in the Commons, and ministers and departments practise defensive government, outsourcing key work to third parties. If the government has a large majority, it has no need or incentive to compromise with other parties.

Major modern British political parties tend to be so tightly orchestrated that their MPs often have little scope for free action. A large minority of ruling party MPs are paid members of the Government. Since 1900 the Government has lost confidence motions thrice — twice in 1924, and once in 1979. However, the threat of rebellions by their own party's backbench MPs often forces governments to make concessions (under the Cameron–Clegg coalition, over foundation hospitals and under Labour over top-up fees and compensation for failed company pension schemes). Occasionally Government bills are defeated by backbench rebellions (Terrorism Act 2006). However, the scrutiny provided by the Select committees is more serious.

The House of Commons technically retains the power to impeach Ministers of the Crown (or any other subject, even if not a public officer) for their crimes. Impeachments are tried by the House of Lords, where a simple majority is necessary to convict. This power has fallen into disuse, however; the House of Commons exercises its checks on the government through other means, such as no confidence motions; the last impeachment was that of Henry Dundas, 1st Viscount Melville in 1806.

Bills may be introduced in either house, though bills of importance generally originate in the House of Commons. The supremacy of the Commons in legislative matters is assured by the Parliament Acts, under which certain types of bills may be presented to the sovereign for royal assent without the consent of the House of Lords. The Lords may not delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Moreover, the Lords may not delay most other public bills for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons. Moreover, a bill that seeks to extend a parliamentary term beyond five years requires the consent of the House of Lords.

By a custom that prevailed even before the Parliament Acts, only the House of Commons may originate bills concerning taxation or supply. Furthermore, supply bills passed by the House of Commons are immune to amendments in the House of Lords. In addition, the House of Lords is barred from amending a bill so as to insert a taxation or supply-related provision, but the House of Commons often waives its privileges and allows the Lords to make amendments with financial implications. Under a separate convention, known as the Salisbury Convention, the House of Lords does not seek to oppose legislation promised in the government's election manifesto. Hence, as the power of the House of Lords has been severely curtailed by statute and by practice, the House of Commons is clearly the more powerful chamber of Parliament.

The current Commons' layout is influenced by the use of the original St. Stephen's Chapel in the Palace of Westminster.[8]

The rectangular shape is derived from the shape of the chapel. Benches were arranged using the configuration of the chapel's choir stalls whereby they were facing across from one another. This arrangement facilitated an adversarial atmosphere representative of the British parliamentary approach.[9]

The distance across the floor of the house between the government and opposition benches is 13 feet (3.96 m), said to be equivalent to two swords' length, though this is likely to be purely symbolic given weapons have been banned in the chamber for hundreds of years.[10][11]

William Pitt the Younger addressing the Commons on the outbreak of the war with France (1793); painting by Anton Hickel.

The House of Commons in the early 19th century by Augustus Pugin and Thomas Rowlandson.

The House of Commons underwent an important period of reform during the 19th century. Over the years, several anomalies had developed in borough representation. The constituency boundaries had not been changed since 1660, so many towns whose importance had declined by the 19th century still retained their ancient right of electing two members, in addition to other boroughs that had never been important, such as Gatton.[12]

Among the most notorious of these "rotten boroughs" were Old Sarum, which had only six voters for two MPs, and Dunwich, which had largely collapsed into the sea from coastal erosion. At the same time, large cities such as Manchester received no separate representation (although their eligible residents were entitled to vote in the corresponding county seat). Also notable were the pocket boroughs, small constituencies controlled by wealthy landowners and aristocrats, whose "nominees" were invariably elected.

The Commons attempted to address these anomalies by passing a Reform Bill in 1831. At first, the House of Lords proved unwilling to pass the bill, but it was forced to relent when the prime minister, Charles, 2nd Earl Grey, advised King William IV to flood the House of Lords by creating pro-Reform peers. To avoid this, the Lords relented and passed the bill in 1832. The Reform Act 1832, also known as the "Great Reform Act", abolished the rotten boroughs, established uniform voting requirements for the boroughs, and granted representation to populous cities, but still retained some anomalies.[13]

In the ensuing years, the Commons grew more assertive, the influence of the House of Lords having been reduced by the Reform Bill crisis, and the power of the patrons reduced. The Lords became more reluctant to reject bills that the Commons had passed with large majorities, and it became an accepted political principle that the confidence of the House of Commons alone was necessary for a government to remain in office.

Many more reforms were introduced in the latter half of the 19th century. The Reform Act 1867 lowered property requirements for voting in the boroughs, reduced the representation of the less populous boroughs, and granted parliamentary seats to several growing industrial towns. The electorate was further expanded by the Representation of the People Act 1884, under which property qualifications in the counties were lowered. The Redistribution of Seats Act of the following year replaced almost all multi-member constituencies with single-member constituencies.[14]

The old Chamber of the House of Commons built by Sir Charles Barry was destroyed by German bombs during the Second World War. The essential features of Barry's design were preserved when the chamber was rebuilt.

In 1908, the Liberal Government under H. H. Asquith introduced a number of social welfare programmes, which, together with an expensive arms race, forced the Government to seek higher taxes. In 1909, the Chancellor of the Exchequer, David Lloyd George, introduced the "People's Budget", which proposed a new tax targeting wealthy landowners. This measure failed in the heavily Conservative House of Lords, and the government resigned.

The resulting general election returned a hung parliament, but Asquith remained prime minister with the support of the smaller parties. Asquith then proposed that the powers of the Lords be severely curtailed. After a further election in December 1910, the Asquith Government secured the passage of a bill to curtail the powers of the House of Lords after threatening to flood the house with 500 new Liberal peers to ensure the passage of the bill.

Thus the Parliament Act 1911 came into effect, destroying the legislative equality of the two Houses of Parliament. The House of Lords was permitted only to delay most legislation, for a maximum of three parliamentary sessions or two calendar years (reduced to two sessions or one year by the Parliament Act 1949). Since the passage of these Acts, the House of Commons has become the dominant branch of Parliament.

Since the 17th century, government ministers were paid, while other MPs were not. Most of the men elected to the Commons had private incomes, while a few relied on financial support from a wealthy patron. Early Labour MPs were often provided with a salary by a trade union, but this was declared illegal by a House of Lords judgement of 1909. Consequently, a resolution was passed in the House of Commons in 1911 introducing salaries for MPs.

In 1918, women over 30 who owned property were given the right to vote, as were men over 21 who did not own property, quickly followed by the passage of a law enabling women to be eligible for election as members of parliament at the younger age of 21. The only woman to be elected that year was an Irish Sinn Féin candidate, Constance Markievicz, who therefore became the first woman to be an MP. However, owing to Sinn Féin's policy of abstention from Westminster, she never took her seat.[15]

The modern chamber, which opened following post-war reconstruction in 1950.

Women were given equal voting status as men in 1928, and with effect from the General Election in 1950, various forms of plural voting (i.e. some individuals had the right to vote in more than one constituency in the same election), including University constituencies, were abolished.

In May and June 2009 revelations of MPs' expenses claims caused a major scandal and loss of confidence by the public in the integrity of MPs,[16] as well as causing the first forced resignation of the Speaker in 300 years.[17][18]

In 2011, a referendum was held, asking whether to replace the present "first-past-the-post" system with the "alternative vote" (AV) method. The proposal to introduce AV was rejected by 67.9% of voters on a national turnout of 42%.

The Fixed-term Parliaments Act 2011 was passed by the Conservative-Liberal Democrat coalition, transferring the power to call an early election from the Prime Minister to Parliament, and setting out the procedure for this. Under the act, calling an early election required a two-thirds supermajority of the house. These provisions were first used by Theresa May to trigger the 2017 snap election.[19]

In 2019, MPs used "standing order 24" (a parliamentary procedure that triggers emergency debates) as a means of gaining control of the parliamentary order paper for the following day, and passing legislation without the incumbent government's consent. This unusual process was achieved through tabling amendments to the "motion in neutral terms", a non-binding statement released by parliament after the debate.[20] This new technique was used to pass the European Union (Withdrawal) Act 2019 in March, as well as the No. 2 Act in September, both relating to Brexit.[21]

In 2020, new procedures for hybrid proceedings were introduced from 22 April. These mitigated the coronavirus pandemic with measures including a limit of 50 MPs in the chamber, physical distancing and remote participation using video conferencing.[22] Hybrid proceedings were abolished in August 2021.[23]

Later in December 2020, the Conservative government published a draft Fixed-term Parliaments Act 2011 (Repeal) Bill, later retitled the Dissolution and Calling of Parliament Bill when it was introduced to the Commons in May 2021,[24] which would repeal the Fixed-term Parliaments Act in its entirety, restore the monarch's prerogative powers to dissolve Parliament at the prime minister's request, and ensure that a parliamentary term automatically ends five years after Parliament's first meeting and polling day being 25 working days later.[25] The bill was given royal assent on 24 March 2022, becoming the Dissolution and Calling of Parliament Act.[26]

The old House of Commons chamber, showing dark veneer on the wood, which was purposely made much brighter in the new chamber.

There are numerous qualifications that apply to Members of Parliament. One must be aged at least 18 (the minimum age was 21 until s.17 of the Electoral Administration Act 2006 came into force), and must be a citizen of the United Kingdom, of a British overseas territory, of the Republic of Ireland, or of a member state of the Commonwealth of Nations. These restrictions were introduced by the British Nationality Act 1981, but were previously far more stringent: under the Act of Settlement 1701, only natural-born subjects were qualified. Members of the House of Lords may not serve in the House of Commons, or even vote in parliamentary elections (just as the King does not vote); however, they are permitted to sit in the chamber during debates (unlike the King, who cannot enter the chamber).

A person may not sit in the Commons if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if she or he is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland). Previously, MPs detained under the Mental Health Act 1983 for six months or more would have their seat vacated if two specialists reported to the Speaker that the member was suffering from a mental disorder. However, this disqualification was removed by the Mental Health (Discrimination) Act 2013. There also exists a common law precedent from the 18th century that the deaf-mute are ineligible to sit in the Lower House;[30] this precedent, however, has not been tested in recent years.

Anyone found guilty of high treason may not sit in Parliament until she or he has either completed the term of imprisonment or received a full pardon from the Crown. Moreover, anyone serving a prison sentence of one year or more is ineligible, per Representation of the People Act 1981. Finally, members of the Senedd, formerly the National Assembly for Wales until May 2020, and Northern Ireland Assembly are disqualified since 2014, and sitting MPs are expelled from Parliament if sentenced to a one-year imprisonment or greater. Article 159, Section 2 of the Representation of the People Act 1983 formerly disqualified for ten years those found guilty of certain election-related offences, until this section was repealed in 2001. Several other disqualifications are codified in the House of Commons Disqualification Act 1975: holders of high judicial offices, civil servants, members of the regular armed forces, members of foreign legislatures (excluding the Republic of Ireland and Commonwealth countries), and holders of several Crown offices. Ministers, even though they are paid officers of the Crown, are not disqualified.

The rule that precludes certain Crown officers from serving in the House of Commons is used to circumvent a resolution adopted by the House of Commons in 1623, under which members are not permitted to resign their seats. In practice, however, they always can. Should a member wish to resign from the Commons, she or he may request appointment to one of two ceremonial Crown offices: that of Crown Steward and Bailiff of the Chiltern Hundreds, or that of Crown Steward and Bailiff of the Manor of Northstead. These offices are sinecures (that is, they involve no actual duties); they exist solely to permit the "resignation" of members of the House of Commons. The Chancellor of the Exchequer is responsible for making the appointment, and, by convention, never refuses to do so when asked by a member who desires to leave the House of Commons.

The Speaker presides over debates in the House of Commons, as depicted in the above print commemorating the destruction of the Commons Chamber by fire in 1834.

At the beginning of each new parliamentary term, the House of Commons elects one of its members as a presiding officer, known as the Speaker. If the incumbent Speaker seeks a new term, then the house may re-elect him or her merely by passing a motion; otherwise, a secret ballot is held. A Speaker-elect cannot take office until she or he has been approved by the Sovereign; the granting of the royal approbation, however, is a formality. The Speaker is assisted by three Deputy Speakers, the most senior of whom holds the title of Chairman of Ways and Means. The two other Deputy Speakers are known as the First and Second Deputy Chairman of Ways and Means. These titles derive from the Committee of Ways and Means, a body over which the chairman once used to preside; even though the committee was abolished in 1967, the traditional titles of the Deputy Speakers are still retained. The Speaker and the Deputy Speakers are always members of the House of Commons.

Whilst presiding, the Speaker or Deputy Speaker traditionally wears ceremonial dress. The presiding officer may also wear a wig, but this tradition was abandoned by Speaker Betty Boothroyd. Her successor, Michael Martin, also did not wear a wig while in the chamber. His successor, John Bercow, chose to wear a gown over a lounge suit, a decision that sparked much debate and opposition; he also did not wear a wig.

The Speaker or deputy presides from a chair at the front of the house. This chair was designed by Augustus Pugin, who initially built a prototype of the chair at King Edward's School, Birmingham: that chair is called Sapientia (Latin for "wisdom") and is where the chief master sits. The Speaker is also chairman of the House of Commons Commission, which oversees the running of the house, and controls debates by calling on members to speak. A member who believes that a rule (or Standing Order) has been breached may raise a "point of order", on which the Speaker makes a ruling not subject to any appeal. The Speaker may discipline members who fail to observe the rules of the house. The Speaker also decides which proposed amendments to a motion are to be debated. Thus, the Speaker is far more powerful than his or her Lords counterpart, the Lord Speaker, who has no disciplinary powers. Customarily, the Speaker and the deputies are non-partisan; they do not vote (with the notable exception of tied votes, where the Speaker votes in accordance with Denison's rule), or participate in the affairs of any political party. By convention, a Speaker seeking re-election to parliament is not opposed in his or her constituency by any of the major parties. The lack of partisanship continues even after the Speaker leaves the House of Commons.

The Clerk of the House of Commons is both the house's chief adviser on matters of procedure and chief executive of the House of Commons. She or he is a permanent official, not a member of the house itself. The Clerk advises the Speaker on the rules and procedure of the house, signs orders and official communications, and signs and endorses bills. The Clerk also chairs the Board of Management, which consists of the heads of the six departments of the house. The Clerk's deputy is known as the Clerk Assistant. Another officer of the house is the Serjeant-at-Arms, whose duties include the maintenance of law, order, and security on the house's premises. The Serjeant-at-Arms carries the ceremonial mace, a symbol of the authority of the Crown and of the House of Commons, into the house each day before the Speaker, and the mace is laid upon the table of the house during sittings. The Librarian is head of the House of Commons Library, the house's research and information arm.