2. Legislature Flashcards
Frontbenchers
Strengths - they can resign when they are opposed to a PM’s decision making. This shows they are successfully fulfilling their role as a MP as they are then able to scrutinise government. e.g. Foreign Secretary Boris Johnson resigned in July 2018, accusing PM May of delivering Brexit ‘in name only’
Weakness - collective ministerial responsibility means they unsuccessfully represents the views of their constituents compared to backbenchers as they have to support government decisions and actions. E.g. Savid Javid and other members of Boris Johnson’s cabinet in 2021 and 2022 defended him over party gate scandals
Party Whips
Weakness - EU Withdrawl Agreement 2018 - Therea May’s government was defeated in January 2019 by 432 votes the biggest defeat of a UK government in British history. In March 2019 a modified deal was again defeated and a thrid attempt again in March.
Strength - in 2022 all Conservative on the day who voted voted in favour of the Welfare Cap which would limit government spending on social welfare
Speaker
Weakness - Meant to be neutral but can fail to retain this - John Bercow has been accused of acting beyond his authority when he expressed his opposition to President Trump addressing Parliament in 2017.
Strength - March 2019 John Bercow stood up for the rights of Parliament against the executive when he stopped Theresa May from re-introducing her unamended Brexit deal into the House of Commons after stating a parliamentary rule established in 1844 which declared unamended bills could not be passed in the same session
Backbench MPs are effective - private member’s bills
Private Members’ Bills have precedence over government business on 13 Fridays in each year
Some grassroots bills are of genuine importance and attract widespread support in Parliament e.g. Assaults on Emergency Workers (Offences) Act 2018 which made committing common assault or battery against an emergency worker punishable with up to 12 months in prison
Backbench MPs are not effective - private member’s bills
Because when Private Members’ Bills take precedence over government business are on Fridays, they are ignored as this is when many MPs have returned to their constituency
In 2016 the Sexual Offence Pardons Bill that would have pardoned living and dead men from historical same-sex sexual offences was filibustered, something which Private Members’ Bills are susceptible to as they have limited time
Backbench MPs are effective -constituency work
Mike Freer (Conservative, Finchley and Golders Green)
Supported of improved inter-community relations with the Jewish, Hindu, Sikh and Muslim communities in his constituency
(For Angus)
Lib Dem MP Sarah Green’s opposition to HS2 being built in her constituency of Chesham and Amersham despite the Lib Dems supporting HS2
Backbench MPs are not effective - constituency work
Can simply ignore the will of their constituents and vote however they like, especially if an election is distant as the fear of election defeat is low
-e.g. MP Zac Goldsmith voted in favour of the 2019 UK-EU withdrawal agreement, actively supporting Brexit, despite his constituency Richmond Park voting 73% to remain in 2016
Backbench MPs are effective - voting with the party/ legislation
Government of Boris defeated 4 times since 2019 election despite 80 seat majority
Backbench MPs are not effective - voting with the party / legislation
Brexit Bill 2017 saw 11 Conservative MPs defy a three-line party whip. One, Stephen Hammond says he was putting his country and constituency before party…giving a meaningful vote to Westminsiter.
In 2018, 8 Conservative MPs voted disobeyed a three-line whip to vote against the expansion of Heathrow Airport - they all represented constituencies which would be affected
Backbench MPs are effective - parliamentary priviledge
Lib Dem MP John Hemming used parliamentary privilege to reveal Man U player Ryan Giggs as the person behind the pseudonym CTB in CTB v. News Group Newspapers 2011 after accusations of sexual misconduct
Backbench MPs are not effective - parliamentary privilege
R v Chaytor and others (2010) - 3 MPs claimed they could not be tried in a Crown Court on the charge of false accounting of their parliamentary expenses as these actions had taken place as part of their parliamentary privilege.
The Supreme Court ruled that parliamentary privilege did not extend to criminal offences which taken place within Westminister with all 3 receiving prison sentences
Descriptive theory of representation
-MPs should literally represent the people, by being from a similar background to most of their constituents
-e.g. 10% of MPs are BAME, a similar proportion to the nation as a whole, up from 2% in 2005
-However, Country is 51% women while only 34% of MPs are women, but the number of female MPs has risen consistently from 20% in 2005
-In 2020 there were 56 MP’s who were openly LGBTQ which is with 3.1% of the UK population identifying as LGBTQ in 2020. This means around 9% of MPs identify themselves so they are overrepresented in the UK. Although the Commons is yet to have a transgedner MP
Mandate theory of representation
-A government has had its manifesto approved by the public, so they have the right to carry out those policies
-In 2019, the Johnson government was given an election mandate to ‘get Brexit done’ as seen by their 80 seat majority in the Commons
-However, during Conservative-Lib Dem coalition of 2010-2015 the government arguably had a weaker mandate on which to govern
Trusteeship/Burkean theory of representation
-The idea that representatives use their superior knowledge and experience to act for the people
-e.g. MP Zac Goldsmith voted in favour of the 2019 UK-EU withdrawal agreement, actively supporting Brexit, despite his constituency Richmond Park voting 73% to remain in 2016
However, the threat of loosing an election means that MPs still need to consider their constituents opinions if they hope to be re-elected
The Social Makeup of the Lords
The Lords is currently 29% female despite the UK being 51% female, only a small amount less than the Commons
Despite the House of Lords Act 1999 removing the majority of hereditary peers, 92 hereditary peers still remain, a hangover of autocratic elitism
Only 7% of the Lords is BAME despite BAME people comprising 18% of the UK, far less than in the Commons
There are 260 Lords that identity themselves with the Conservative party. Highlights how the government would face limited challenge
Non-working peers
They are not interested in political activity
Many appear in the Lords from time to time but rarely vote or take any active part and some are never seen in the House
E.g. Karen Brady, Lord Alan Sugar, Baroness Casey of Blackstock 2020
Part-time peers
Often not attached to any part, but do take part in debates and vote on issues that particularly interest them. A fair proportion of these are hereditary peers. Their attendance is irregular
E.g. Lord Brookman a Labour peer claimed almost £50,000 in attendance and travel expenses covering every single day the House of Lords was sitting 2018, despite never speaking or asking any written questions
Working peers
Often are members of political parties who consider themselves professional politicians
For various reasons, they have not stood for election, but are often granted peerage so that they can work for their party in the Lords. They may also be members of the government or the opposition frontbench
As active members, they receive an income for their regular attendance
E.g. Baroness Warsi, Arleen Foster
House of Commons scrutinising - legislation
Effective - In 2005 the Blair government attempted to pass a proposal that terrorist suspects should be held in custody for 90 days without charge but 49 Labour MPs were unconvinced. Resulted in the legislation being withdrawn after a clear vote against it.
Ineffective - Dangerous Dogs Act 1991 named 4 breeds as dangerous to own. From 2005-2006 the NHS reported a 76% increase in admissions involving dog bites.
House of Commons scrutinising - legitimisation
Effective - In 2013 Cameron believed military action in Syria was justified and when the Commons debated on the matter it was defeated. However, in 2015 Cameron called another vote on the airstrikes with the motion actioned.
Ineffective - In 2018 Theresa May decided to join American-led assaults on the Syrian government without consulting the Commons. This resulted in an angry reaction from Corbyn as it disregarded the legitimising rights of Parliament
House of Commons scrutinising - major debates
Effective - can request an emergency debate. E.g. after Theresa May actioned military strikes in Syria in 2018 without consulting parliament. Corbyn secured an emergency vote on whether the convention that parliament should have to approve military interventions means May was wrong. 314 yes and 16 no’s - review
Ineffective - on a three-line whip MPs are forced into supporting the party line. Additionally, many debates on opposition days motions lack the force needed to change the law. Also, debates are often to an almost empty chamber such as in 2020 health and social care minister Nadine Dorries faced an empty chamber when discussing an adjournment debate (end of the day and is a question by a backbencher to the relevant minsiter) on the Ockenden Review of maternity care in Shrewsbury and Telford hospitals by Lucy Allan, the Conservative MP who represents Telford.
In 2019 there were only 4 emergency debates compared to 19 in 2017
House of Commons scrutinising - statutory instruments
Effective - around 25% of statutory instruments are made using the affirmative procedure meaning they have to be actively confirmed by parliament
Ineffective - Sometimes the government leaves difficult and controversial matters of policy to Statutory Instruments so that the government can avoid the difficulties of having to pass a law through both houses of Parliament.
Statutory Instruments are almost never debated on the floor of the Commons and less than 0.001 Statutory Instruments have ever been voted down by Parliament
House of Lords scrutinising - legislation
Effective - 2008 the House of Lords voted decisively against clauses in the Counter Terrorism Bill to enable terror suspects to be held for 42 days without charge and as it only passed through the Commons on 9 votes Brown dropped this from the bill
Also, the Salisbury convention was challenged during Conservative-Lib Dem coalition of 2010-2015 as the government arguably had a weaker mandate on which to govern.
Ineffective - Sailsbury Convention means legislation included in the government’s election manifesto would not be opposed by the Lords in it’s 2nd or 3rd reading
House of Lords scrutinising - committees
Effective - new ones can be established on an ad hoc basis. In 2018, new committees were established on the issues of the rural economy and regenerating seaside towns as these were issues prevalent at the time. In the seaside report, 59 different recommendations were made. This then promoted the government to look into the findings and acknowledge the challenges faced in topics such as access to higher education
Ineffective - the reports are non-binding but do carry a great deal of weight. In the seaside report the government dismissed creating new Enterprise Zones as instead costal towns should apply to a pre-existing scheme “Future High Streets Fund and Stronger Towns Fund”
House of Lords scrutinising - major debate
Effective - raise the profile of an issue. E.g. in 2018 after the killing of a large number of Palestinians in the Gaza Strip by Israeli military forces, Lord Steel proposed a debate that the House took note of the situation in the Palestinian Territories. This debate saw Lords agree that action was necessary and we should not sit passively. When the Commons discussed the Minister for the Middle East stated that they implore Israel to show greater restraint when interacting with the protests.
Ineffective - The Commons don’t have to take note or action on the issues raised in the debates.
The Commons is more powerful than the Lords - money bills
Commons has financial privilege over the Lords
Must receive royal assent no later than a month after being introduced in the Lords even if not passed by the Lords
E.g. The Credits Act 2002 which established two new tax credits
The Commons is more powerful than the Lords - veto reduced to delay
The Parliament Act 1911 reduced the House of Lords power to veto legislation to a 2 year delay, which was further reduced by the Parliament Act 1949 reducing in to a 1 year delay
The Commons is more powerful than the Lords - Sailsbury convention
The legislation included in the government’s election manifesto would not be opposed by the Lords in its 2nd or 3rd reading
The Lords is more powerful than the Commons - delaying a bill may cause a dropping of legislation if it encourage public pressure
e.g. 2008 the House of Lords voted decisively against clauses in the Counter Terrorism Bill to enable terror suspects to be held for 42 days without charge and as it only passed through the Commons on 9 votes Brown dropped this from the bill
The Lords is more powerful than the Commons - can’t control the timetable
The Lords is more powerful as an independent body than the Commons as they control their own timetable while the Commons’ timetable is dictated by the government, meaning they are less able to deny the government
May play a role in why between 2019 and 2021 the Commons voted government legislation was voted down 4 times while the government suffered 114 defeats in the Lords
The Lords is more powerful than the Commons - suspensions to the Sailsbury convention
Challenged during Conservative-Lib Dem coalition of 2010-2015 as the government arguably had a weaker mandate on which to govern
Selecet Committees are effective
Studies from 2015 estimated that 40% of committee recommendations end up as government policy
The influence from government, shadow cabinet or party whips on the selection of committee chairs and members is limited as they are now elected by the whole house (Wright Reforms 2009) allowing genuine scrutiny
Since 2010, select committee chairs are elected by all MPs in a secret ballot using the AV voting system – prior to this it was the party whips who appointed members of select committees.
In 2015-2016, departmental Select Committees held some 700 meetings and produced almost 100 reports.
Foreign Affairs Committee inquiry (2016)
UK intervention in Libya concluded that the UK’s 2011 actions were ill-conceived and that other political options should have been attempted.
It stated that David Cameron was ultimately responsible for the failure to develop a coherent strategy
Business, Energy and Industrial Strategy Committee inquiry (2016)
Into working practices at retailer Sports Direct
Concluded that Mike Ashley must be held accountable for ‘extremely disturbing’ working practices at the company
Justice Committee inquiry (2012)
Into the presumption of death of missing persons proposed a new statuary process in which a certificate of presumed death is issued.
Subsequently became law through a private member’s bill, supported by the government, based on the committees recommendations
Selecet Committees are not effective
The turnover of members damages committee effectiveness. The Defence Committee saw 83% turnover during 2010-2015. Replacements might not be fully informed or motivated
The government is not compelled to take up any recommendations, Studies from 2015 estimated that 60% of committee recommendations DONT end up as government policy
Since 2008, Select Committees have also held pre-appointment hearings for public appointments to some 60 positions - including the chair of Ofcom and the Governor of the Bank of England. They do not have the power to veto appointments. For example, in 2016, Amanda Spielman became head of Ofsted despite the Education Select Committee expressing concerns about her expertise.
In 2019, Boris Johnson avoided the Liasion Committee 3 times over Brexit, climate change, health and social care and other topics
The Opposition are effective - PMQ’s
It was in PMQs in 2022 where questions from leader of the opposition Keir Starmer helped in gaining an admission from Boris Johnson that Covid regulations were broken during parties at 10 Downing Street, Partygate
The Opposition are effective - opposition days
-20 days a session
-Allows opposition to put pressure on the government if a large amount of opposition vote in favour of a subject
- A 2009 Liberal Democrat motion on British Citizenship for Gurkha Veterans produced a rare government defeat on an opposition day
The Opposition is effective - voting
Parliament held a vote of no confidence in the government in 1979 passing by 1 vote causing the government and parliament to dissolve resulting in a general election.
The Opposition are not effective - PMQ’s
PMQs are limited though in the fact that the leader of the opposition can only ask six questions during that 30 minute section, which does make it hard for the opposition to effectively scrutinise the Prime Minister.
An example from 2018 is that Jeremy Corbyn asked Theresa May about whether she was to blame for the destruction of the ‘Windrush’ generation’s landing cards (record of entry to the country) during one PMQs session, in which May refused to answer that question and decided to just use her answers to blame the last Labour Government.
The Opposition are not effective - opposition days
Outcome of votes on opposition day motions are not considered legally binding
Under the Tory governments of May and Boris, motions on opposition days have been passed with no vote, therefore making opposition days pointless
The Opposition are not effective - voting
Due to the fact that that the government always has a majority in the Commons and usually has a super majority, it is highly likely that the opposition will be consistently outvoted
Government of Boris only defeated 4 times since 2019 election due to 80 seat majority, with every defeat require a rebellion within the government party
Is PMQ’s useful?
Yes- hold executive to account on personal misconduct (Sunak faces pressure over Nadim Zahawi- tax evasion), hold them to account on legislation, opposition get opposition days
No- childish (theatre, better spend time), avoid answering the questions (Sue Grey enquiry, when happening Johnson avoided saying he did wrongdoing) , can be used as a platform to promote sitting government policy
Factors affecting executive and parliamentary power - size of majority
Majority government 1997 meant Blair could pass his constitutional changes with ease such as the House of Lords reform in 1999
A minority government or coalition government such as the 2010 coalition government means compromises have to be made. For example,
Factors affecting executive and parliamentary power - united
The Thatcher government in 1983-89 was united around a strong ideology meaning they were able to push through there economic policies and denationalising industries
The Major government 1992-1997 was split over Europe with the part have Eurospectics in the party. The disunited front in comparison to the oppostion meant they were defeated at the next general election.
Factors affecting executive and parliamentary power - strength of opposition
Fragmented oppostion of Jeremey Corbyn from 2015-2019 was over his descivee boderline socialist values returning the Old Labour despite the party progressing. His controversial election as leader meant he led a disunited party.
United oppostion from 1994-1997 of New Labour highlighted how the arty were proposing progressive ideas such as a minimum new wage as well as showing that they had transformed compared to the disunited conservatives.
Factors affecting executive and parliamentary power - leadership style
Dominat leader of Blair and Thatcher meant they could make vast changes and enact legilsaiton quickly
Leader’s losing populatirty such as Gordon Brown 2008-2010 over his appeared incompetence at handling the economy makes the party seem weak and the oppsotion a more attractive option
The House of Commons has been able to control government more in recent years
2010 the Backbench Business Committee was established which for the 1st time allowed backbenchers to determine the issues they wish to debate for 35 days each parliament. THis provides a key way in which MPs can raise important topics of debate, whether the gov is in favour or not
Since 2010 the chairs of select committees have been elected by secret ballot of all MPs and the membership of them by secret ballot within each parliamentary party. Previosuly, the whips selected the chairs and membership so loyal rather than independent-minded MPs were usually selected. This has significantly increased the prestiege of the committees
The House of Commons has not been able to control government more in recent years
Since 2003, when Tony Balir allowed a parliamentary vote on the justification for war in Iraq there has been the expectations that Parliament should auhtorise mlitary action. However, Theresa May in 2018 exercised the royal perogative to have airstrikes in Syrai
The Fixed-term Parliament Act 2011 still allows the PM to call a general election as Theresa May did in 2017 if 2/3 of MPs agree. Since the opposition would be unlikely to oppose the PM in reality still has considerable power to call an early general election
In 2019 Boris Johnson’s prorogated Parliament but the Supreme Court later ruled that is was unlawful and Parliament was recalled. This was to avoid scrutiny over the EU withdrawal agreement
The House of Lords has been able to control government more in recent years
The removal of Hereditary Peers means they can claim greater expertise and become more confident in opposing government legilsation
More willing to exercise their powers. From 1999-2010 the Labour government suffered over 450 defeats in the House of Lords
Suspension of the Sailsbury convention in coalition governments
The House of Lords has not been able to control government more in recent years
Restricted- Salisbury convention, amount of time they can delay a bill, can’t block manifesto, not elected
Westminister Parliament is soverign
Parliament legilsated to leave the EU. This means that even when the UK was part of the EU, Parliament reserved the right to enact legilsation to repeal UK membership
Since the UK does not possess a codified constitution there i no law higher than parliamentary statue. The Supreme Court may not, therefore, strike down an Act of Parliament
Although the European Convention of Human Rights has been enacted through the Human Rights Act, it is no different legally to any other Act of Parliaent so it can be suspended or repealed
Parliament could in theory abolsh the devolved assemblies by an Act of Parliament
Parliament is not legally boud by the results of a referendum
Westminister Parliament is not soverign
The UK still had to adhere to the terms negogiated with the EU over withdrawl and must meet this criteria - they cannot bypass the terms stated by the EU
The devolved governments of Wales and Scotland can only be abolished by Parliament following referendums calling for their removal
There is now a convention that major constitutional decisions should be agreed by the public through referendums rather than Parliament
Parliament accepted the results of the EU 2016 referendum, although most MPs disagreed with it. This suggests that the political soverignty is superior to Westminister
The Westminister Parliament is not soverign in areas involing the PM’s exercise of the royal perogative
Although the UK does not have a codified constitution there is a growing expectations that parliamentary legilsation should conform to the principles of the European Convention of Human Rights
