2.2: Parliament Flashcards
What is Parliament and its two chambers?
PARLIAMENT
- The UK parliament is bicameral and comprises of the House of Commons and the House of Lords and possesses supreme legislative authority (parliamentary sovereignty).
- It also scrutinises the work of government and represents the diverse interests of the UK.
- Parliament also provides membership of the government as well as the executive and legislature being fused.
- House of Commons
- Parliament’s democratically elected chamber.
- MPs represent constituencies across the UK, scrutinise government and vote on legislation.
- As the democratic body representing the nations, the House of Commons can also dismiss a government if it loses a parliamentary vote of confidence.
- 650 members.
- If an MP dies, the vacancy is filled by holding a by-election in that constituency. - House of Lords
- The unelected chamber of the Westminister Parliament.
- Composed of life peers, Anglican bishops, it does not possess democratic legitimacy and so its main focus is scrutinising the work of the House of Commons.
- 793 members (including Anglican bishops/Lord Spiritual).
What have been the key historical events in the development of the UK parliament?
KEY HISTORICAL PARLIAMENT EVENTS
- The De Montfort Parliament (1265)
a) The decision of the nobleman Simon de Montford to summon commoners as well as nobles, churchmen and two knights from each county to Westminster Hall in 1265 to discus reforms is generally seen as the first recognisable parliament.
- Came after King Henry III was captured at the Battle of Lewes in 1264 for abusing power.
- Often seen as the first English Parliament - The Bill of Rights (1689)
a) The agreement of King William III (1689 - 1702) to Parliament’s Bill of Rights established the principle of Parliamentary sovereignty following the glorious revolution. - Extensions of the Franchise (1832, 1867, 1884, 1918, 1928, 1969)
a) These Parliamentary reform acts gradually extended the franchise until in 1928 the principle of the universal franchise was established when the vote was given to everyone over the age of 21.
- In 1969, the voting age was reduced to 18. - Parliament Acts (1911 and 1949)
a) The 1911 Act established the principle that the House of Lords, as an unelected body, could only delay, not veto, legislation that the House of Commons had passed.
- In 1949, the lords delaying power was reduced to 1 year. - House of Lords Act (1999)
a) All but 92 hereditary peers were removed from the House of Lords.
- Most members of the Lords are life peers, which has made the House of Lords more assertive in dealings with the House of Commons.
- Improved the legitimacy of the Lords.
Who are the significant members of the House of Commons and what are their roles?
HOUSE OF COMMONS MEMBERS
- Members of Parliament
a) Members for regions
- 533 in England.
- 59 in Scotland.
- 40 in Wales.
- 18 in Northern Ireland.
b) Many represent Political Parties
- Some run as independents; Dr Richard Taylor won the seat of Wyre Forest in 2001 and 2005 on the commitment to keep open Accident and Emergency facilities at Kidderminster Hospital.
- Some MPs are expelled or resign and therefore serve as an independent.
- Douglas Carswell (Clacton, Essex) left UKIP to serve as an independent in March 2017. - Frontbench and Backbench MPs
a) Frontbench MPs join the government as senior ministers, junior ministers or permanent private secretaries and are bound by collective ministerial responsibility.
- They present and publicly support government policy from the frontbenches.
- The opposition will also have a shadow cabinet/frontbench that will scrutinise their counterparts.
b) Sit behind the ministers and hold leverage with votes, often rebelling against the government due to greater freedom.
c) All are protected by Parliamentary Privilege. - Party Whips
a) Main political parties will appoint whips to maintain party discipline.
- MPs are elected on a party manifesto, however, they also represent the interests of their constituencies using their judgement.
- Parliamentary leadership needs to keep control of MPs since, without it, the party could break down.
b) Whips encourage MPs tp support along party lines as well as reporting back any potential large-scale rebellions which might encourage leadership to modify its position to avoid defeat.
c) Important issues will require a three-line whip issued to require MPs to attend a vote/division and vote accordingly to the demands of leadership. If they refused, they can have the party whip withdrawn from them and lose their party membership.
- EXAMPLE. On 3 September 2019, the British Conservative Party withdrew the whip from 21 of its MPs who had supported an emergency motion to allow the House of Commons to undertake proceedings on the European Union (Withdrawal) (No. 6) Bill on 4 September, including David Gauke, Dominic Grieve, Sir Nicholas Soames and Rory Stewart with 298 at the dissolution of Parliament.
d) Whips are important in times of a small Parliamentary majority or a minority administration.
- From 1976 to 1979, the Callaghan government had to survive without a Parliamentary majority and tight whips.
- Michael Heseltine MP brandished the mace when he felt that Labour had unfairly won a division by 1 vote.
- Roger Sims MP (Conservative) was late to a Parliamentary vote enabling the government to win by one vote.
- The Callaghan government collapsed when a vote of no confidence by Margaret Thatcher passed by 311-310. - The Speaker of the House of Commons
a) An MP whose role it is to be impartial.
- The speaker does not engage in political debate, instead is challenged with regulating and ensuring that Parliament functions effectively.
b) Speakers arrange parliamentary business with the leaders of the main political parties.
- Ensuring that procedure is followed and presides over debates.
c) Disciplinary function as if MPs are deliberately abusive or disobedient they can be suspended.
d) The speaker is elected by a secret ballot of all MPs and ceremonially dragged to the Speaker’s Chair at each new parliament.
- They seek re-election, although this is usually a formality.
e) EXAMPLE. John Bercow was speaker from 2009 - 2019.
- Standing up for the rights of Parliament against the executive.
- Supported reforms to increase the power of backbench MPs to scrutinise government.
- MPs are allowed to ask more ‘urgent questions’, which ministers must respond to in the same day.
- EXAMPLE. John Bercow allowed 3,547 urgent questions between (2009 - 2013) whilst his predecessor Michael Martin (2000 - 2009) allowed only 1234 across a longer period.
- He has been critical of government attempts to dominate parliamentary time.
- In 2018, he reacted furiously when the government attempted to limit the time provided for an opposition day debate on the Grenfell Tower disaster.
- He has been accused of bullying and acting beyond his authority when he expressed opposition to Trump addressing Parliament.
- Broke precedent by allowing Conservative remain MP Dominic Grieve to successfully table an amendment to a government motion giving Parliament more control over the timetable of Brexit in January 2019.
- In March 2019, Bercow stood up for Parliament against the executive when he stopped Theresa May from reintroducing her unamended Brexit deal into the House of Commons, referencing Erskin May in 1844 that ‘A motion or an amendment which is the same, in substance, as a question which has been deciding during a session, may not be brought forward during that same session’.
f) Lindsay Hoyle is the current speaker since December 2019. - The leader of the official opposition
a) The role of the opposition is to thoroughly scrutinise the government, whilst convincing the public that the official opposition is an alternative government in waiting.
- Since the 1970s, the opposition has been able to claim short money from public funds to finance the leader of the opposition’s office and help with Parliamentary business.
b) The leader of the opposition is given the right to ask 6 questions at Prime Minister’s Question Time (PMQT).
- Enables the leader of the opposition to put high-profile pressure on the PM by highlighting any failures of policy and offering their own political solutions.
c) Leader of the Opposition appoints their own shadow cabinet, who are tasked with holding the government accountable and persuading the electorate that they are competent.
Who are the significant members of the House of Lords and what are their roles?
HOUSE OF LORDS MEMBERS
- Peers
a) Hereditary peers (Lords Temporal)
- Those who claim membership on the base of their possession of a hereditary noble title.
- Reform in 1999 removed 750 hereditary peers, with 92 hereditary peers could be elected to the Lords as a compromise.
b) Lords spiritual
- 26 Church of England Bishops.
c) Life peers (Lords Temporal)
- (Life Peerages Act 1958)
- Gave the PM the authority to nominate life peers (of both sexes) to the Lords.
- They do not pass on their title and their appointment is based on public service to the nation.
- Professional legitimacy. - Lord Speaker
a) Similar to the Commons Speaker in managing the chamber and advising on the procedure.
- It is more courteous than the Commons. - Appointments
a) By the PM on the advice of Downing Street’s Main Honours Committee (politically neutral Appointments Commission).
b) 2018 House of Lords Composition
- 249 Conservative.
- 188 Labour.
- 186 Crossbench.
- 98 Liberal Democrat.
- 26 Anglican Bishops.
c) Tony Blairs Appointments (recommending 374 appointments).
- 162 Labour appointments.
- 96 Crossbench appointments.
- 62 Conservative appointments.
- 34 Liberal Democrats appointments.
d) Buying influence (cronyism and nepotism)
- Harold Wilson had a ‘lavender list’ of appointments to the Lords including his close friend Joseph Kagan in 1976.
- David Cameron was accused of similar cronyism by appointing 13 Conservative peers (chief of staff Ed Llewellyn, head of his policy unit Camilla Cavendish, Head of Operations at Downing Street Liz Sugg), 2 crossbenchers and just 1 labour peers. - Discipline and removal
a) The House of Lords Reform Act 2014.
- Private members bill introduced by Dan Byles MP making it possible for members f the House of Lords to resign or retire.
b) House of Lords (Expulsion and Suspension) Act 2015.
- The mechanism for the expulsion of peers from the House of Lords because of criminal activity or non-attendance.
- Improved the effectiveness of the chamber. - Cabinet Members
a) Nicky Morgan was appointed to the role of Culture Secretary after being awarded a peerage following her stepping down from the Commons in 2019.
b) EXAMPLE. Gordon Brown recalled Peter Mandelson from the European Commission following the 2008 financial crash, appointing him to the Lords such that he could serve as the business secretary.
What are the main functions of the House of Commons?
FUNCTIONS OF THE HOUSE OF COMMONS
- Legitimation
a) The first purpose was to provide the consent that would legitimise the decisions of the monarch.
b) Parliamentary bills require the consent of the House of Commons before they can be enacted.
- Consent of the representatives of the nation has to be acquired in order to legitimise changes to the law.
c) Since the Parliament Act 1911, the Commons has the exclusive right to approve the budget.
- The Commons debates the Budget proposals over 4 days and then scrutinises the government’s resulting Financial Bill in a Committee of the Whole House and a Pubic Bill Committee.
d) Convention gas developed whereby the Commons should be consulted over committing British forces to military actions to legitimise choice.
- In past times, the PM has exercised the Royal Prerogative to achieve this.
- EXAMPLE. Tony Blair called for ‘British Parliamentary approval for the invasion of Iraq 2003’ with 412 in favour and 149 against.
- EXAMPLE. In 2013, David Cameron believed that military action against Syria’s Bashar al-Assad was justified after an alleged chemical attack by his government, yet the motion was defeated 285-272 votes.
e) Yet as it is not codified, the PM is capable of bypassing legitimising votes due to Royal Prerogative.
- EXAMPLE. Theresa May decided to join American-led assaults on the Syrian Government in 2018 without the consultation of Parliament. Jeremy Corbyn called it a ‘flagrant disregard’ of the legitimising rights of Parliament.
- EXAMPLE. Theresa May’s government began negotiations to negotiate the exit to the EU without consulting Parliament, with Gina Miller 2017 working through the SC declaring that the PM could not legally do this through the Royal Prerogative.
f) EXAMPLE. In August 2019, Parliament was ordered to be prorogued by Queen Elizabeth II upon the advice of the Boris Johnson. The prorogation, or suspension, of Parliament was to be effective from the 9 of September 2019 and last until the State Opening of Parliament on 14 October 2019.
- R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland 2019, ruled Boris’ advice was unlawful.
- The Order in Council permitting the prorogation was null and of no effect and Parliament had, in fact, not been prorogued. - Legislation
a) Process by which Parliamentary bills become law.
- Each Government will introduce public bills into the Commons, going through 2 readings in the Commons before reaching the Public Bill Committee stage where it is examined and amendments are suggested.
- When it reaches the report stage it will be voted upon.
- After the 3rd reading, it will be sent to the House of Lords where it undergoes a similar process.
- Passing both chambers successfully, it will receive Royal Assent and become law
b) The government has too much power over the legislative process.
- If the government has a large Parliamentary majority it will be able to rely on the loyalty of its MPs to vote for the bill, so making debates and votes a formality.
- The composition of Public Bill Committees has been criticised. Membership will be proportionate to party strength in the Commons, so this will always gove the government a majority.
- The Whips also influence the selection of Public Bill Committee members and they will be instructed to vote according to the whip on proposed amendments to the bill.
- EXAMPLE. The Prevention of Terrorism Act 2005 passed in just 18 days.
c) The partisan nature of a Public Bill Committee might, therefore, be seen as undermining its ability to make practical improvements to a bill and can often lead to badly thought out legislation.
- EXAMPLE. The Crime and Disorder Act 1998 was responsible for the introduction of anti-social behaviour orders (ASBOs). Yet the criteria for an ASBO, which was to cause alarm, harassment or distress’ was imprecisely worded that it could punish people for ‘excessive singing or rudeness to neighbours’.
- EXAMPLE. The Dangerous Dogs Act 1991
d) MPs do often rebel over legislation by defying their Whips.
- Leads to embarrassing government defeats. - Scrutinise
a) The House of Commons, as the democratically elected chamber, has a major role in scrutinising the government.
b) Select Committees and Public Bill Committees scrutinises proposed legislation and departments
c) Questions to ministers
- PMQs every Wednesday involves a question-answer session.
- Yet it has been criticised for being unduly theatrical and largely a point-scoring exercise dominated by the PM and leader of the opposition.
d) Debates
e) Opposition Days
- The opposition sets the agenda.
- EXAMPLE. On 29th April 2009, the British Government was defeated in an opposition day vote on the subject of settlement rights for the Gurkhas. - Representation
a) MPs are accountable to their constituents.
- Yet many MPs do not act as delegates, instead, they balance the interest of constituents and the demands of the party Whips in respect to their own conscience.
- Tony Benn, served as an MP for Bristol South East and MP for Chesterfield for 47 years, saying that loyalty to constituency commitments are important.
- EXAMPLE. Hazel Blears (Secretary of State for Communities and Local Government) supported 2006 protests against a planned closure of part of a hospital in her Salford Constituency.
- EXAMPLE. Chris Grayling stopped Epsom A and E from closing.
b) EXAMPLE. Boris Johnson was against HS2 as Mayor of London and campaigned against it when MP for Uxbridge.
- Yet has proceeded with the project as PM in Feb 2020.
c) EXAMPLE. 8 Conservative MPs (including Zac Goldsmith) disobeyed a three-line whip to vote against the expansion of Heathrow in June 2018, as Richmond Park would be in the flight path.
d) The Commons is still not sufficiently reflective of social configurations of the UK today since it is dominated by white middle-class males (29% of MPs in 2015 were female, compared to 51% of the population). - Debate
a) Enables MPs to weigh up the likely impact of Public Bills, such as a 3rd runway at Heathrow.
b) MPs also debate Private Members Bills and other issues on opposition days, adjournment debates or early day motions.
- Early day motions to initiate adjournment debates, which give them the chance to publicise their views on subjects important.
c) Emergency debates
- EXAMPLE. After Theresa May failed to consult the Commons over military strikes in Syria in 2018, an emergency debate was organised
- Normally major proposals such as committing British Troops to military action will generate full-scale debates.
d) Debating conflict
- 2015 Labour was divided over Cameron’s proposal for bombing ISIL targets in Syria.
- Jeremy Corbyn gave his MP a free vote rather than a three-line whip.
- Shadow foreign secretary, Hilary Benn made the case for military action.
- 66 Labour MPs voted with the Government, 397-223 in favour of airstrikes.
e) Parliament was recalled in 2016 to pay tribute to the murdered MP, Jo Cox. - Providing and sustaining Government
a) As the legislature and the executive are fused, they are interdependent.
- MPs have an opportunity to prove their abilities in the legislature and can persuade the executive of their fitness for government office.
- Not always appoints talent, but balancing the government between rival factions.
b) Confidence and Supply
- In the event of a minority government, where the governing party does not form a formal coalition, it relies on a limited agreement with other parties to keep itself in office.
- Normally seen as more flexible (and thus stable) than a coalition.
- EXAMPLE. The Conservative Party had a confidence and supply agreement with the Democratic Unionist Party in 2017 following the Conservatives were 8 seats short of a majority. The DUP supported the party in votes, especially the governments budget in return for a secured extra £1 billion of funding for Northern Ireland, with the money focused on health, infrastructure and education budgets.
- EXAMPLE. James Callaghan had a Labour-Liberal pact in 1977-1978. There was talk of the SNP supporting Labour in the 2015 and 2019 elections. - Redress of Grievances
a) MPs being lobbied by constituents about their concerns.
- Can lead to MPs to take up such causes and can persuade the government to change laws or attempt to change the law themselves using private members legislation.
What are the main functions of the House of Lords?
FUNCTIONS OF THE HOUSE OF LORDS
- Legislation
a) As the un-elected chamber, and in accordance with the Salisbury Convention, the Lords are unable to stop bills that have passed the House of Commons from becoming law.
- Yet the expertise of life peers means that bills can be examined in detail in the chamber itself and committee stages.
- Often Parliamentary ping-pong between chambers.
b) The primary purpose is a refining chamber.
- Focusing on the implications of a bill and refining its contents, any member being able to propose amendments.
c) They are less influenced by the dictates of the whips and so can address the merits and demerits of the legislation with independence and an open mind.
d) Heavy defeats in the House of Lords may persuade the government to reconsider whether to modify or even continue with legislation.
- Especially with legislation that has only passed the Commons with a small majority.
- EXAMPLE. In Counter-Terrorism Bill 2008.
- EXAMPLE. The lords voted for amendments on Theresa May Brexit withdrawal bill in 2019 which provided a softer Brexit, as she was leading a minority government, she was not sure of the support in the House of Commons to overturn the amendments.
e) Due to the Parliaments Act 1911 and 1949, the Government can pass legislation over the objection of the Lords.
- Can delay non-financial legislation for 1 year.
- EXAMPLE. In 2000, the Sexual Offences Amendment Act 2000, which reduced the legal age for gay sex from 18 to 16, easily passed the House of Commons, yet the Lord’s opposition was overridden when the Government invoked the 1911 and 1949 Parliament Acts to give the bill royal assent (bypassing the Lords). - Scrutiny
a) Scrutinise the work of government in oral questions to ministers through committees.
- Instead of monitoring specific departments, committees concentrate on major political issues.
- Some are permanent and others are set up on an ad hoc basis to deal with more specific issues (temporary committees)
b) Joint House committees with the House of Commons.
c) Secondary Legislation Scrutiny Committee.
- Significant in highlighting concerns which may then be debated about in the Lords, such as George Osbourne’s use of secondary legislation to cut tax credits (being deeply criticised in the Lords). - Legitimation, representation, provide government and debate
a) Since the Lords are unelected and therefore can not claim a legitimising function, it also does not have a representative role in a democratic sense.
- May provide government ministers.
b) Debates are frequent and fundamental.
- Lord Steel proposed a debate in 2018 following the killing of Palestinians in the Gaza Strip by the Israeli military which raised the profile of the situation.
What are Statutory Instruments?
STATUTORY INSTRUMENTS (HENRY VII CLAUSES)
- Changes to the details of Acts of Parliament being delegated to government ministers and civil servants.
- Controversial as it lacks legitimacy, as it is secondary legislation to change laws (primary legislation is voted in Parliament), governing from the shadows.
- Removes the scrutiny and there has been an increase in the number of statutory instruments.
- 1409 Statutory Instruments were implemented in 2019.
- 200 Statutory Instruments were implemented in 2014.
What is the Dangerous Dogs Act?
DANGEROUS DOGS ACT 1991
- Knee-jerk legislation.
a) Put restrictions on the ownership of 4 dogs, including the Pit Bull Terrier, as well as making it an offence to allow a dog to be ‘dangerously out of control’.
- The RSPCA criticised the act for arbitrarily banning certain breeds which implies that the other breeds are ‘safe’.
b) Effectiveness of the act, between 2005 to 2006, the NHS reported a 76% increase in the number of admissions for cases involving dog bites.
- From 1991 to 2018, 37 people were killed by dogs in the UK (more than 24 were from breeds not specified on the act).
What are some notable Government Legislature defeats in the House of Commons?
EXAMPLE NOTABLE GOVERNMENT DEFEATS
- Shops Bill 1986
- Defeated on its second reading when 72 Conservative MPs voted against plans to deregulate Sunday trading.
- This was in spite of Thatcher’s 140 seat majority, her government lost the vote 282-296. - 90-day detention of Terrorist Suspects 2005
- 49 Labour MPs were unconvinced by the Blair Governments proposal to hold suspects in custody.
- Defeated 291-322.
- Was later amended to 28 days in the Terrorism Act 2006. - Reform of Sunday Trading Laws 2016
- Plans by Cameron to allow large shops to extend their opening hours in England and Wales were defeated 286-317 when 27 Conservative MPs rebelled against the Government and the SNP also voted against despite this just concerning England and Wales. - Brexit Bill 2017
- An amendment to the Brexit Bill, giving Parliament the legal right to vote on the final Brexit deal, was passed against the wishes of the Government by 309-305.
- 11 Conservative MPs defied a three-line whip.
- Stephen Hammond Tory MP, put his “country and constituency before party and voted with my principles to give Parliament a meaningful vote”. - EU Withdrawal Agreement 2018
- In January 2019, Theresa May’s government was defeated by 432- 202 on the Brexit deal it was offering Parliament.
- Crushing defeat over her government’s central policy by 230 votes was the biggest defeat that any British Government has ever suffered.
- In March 2019, a modified deal was once again defeated by 391-242.
- The third attempt in March 2019 was once again defeated by 344-286.
What is a notable Government Legislature defeats in the House of Lords?
EXAMPLE NOTABLE GOVERNMENT DEFEATS
1. In 2008, clauses in the Counter-Terrorism Bill enabled terror suspects to be held for 42 days without charge were decisively defeated in the Lords by 191 votes. Since the proposals had only passed the Commons by 9 votes, Gordon Brown decided to drop them from the bill.
What is the Salisbury Convention?
SALISBURY CONVENTION
- Since the Lords cannot claim democratic legitimacy, the Salisbury Convention established the principle in 1945 that the Lords will not seek to block or delay legislation that was contained in the governing party’s manifesto.
- To do so would be to oppose the democratically expressed will of the public in a general election.
- The Lords can still propose amendments but these should not be designed to wreck the bill.
What are the different types of Committees and their role?
COMMITTEES
- Public Bill Committee
a) Once a bill has passed its second reading in the Commons, its details are considered by this committee, scrutinising proposed legislation and offer amendments to the wording of bills before it returns to the Commons for the report stage and then its third reading. - Select Committees
a) Introduced by Norman St John Stevas (leader of the House) in 1979, composed of a small number of MPs, investigating the work of departments of state and specific subjects/policy commitments (alike House of Lords Select Committees).
- Some issues can be addressed by a joint committee of the House of Commons and Lords
b) Membership of Select Committees are generally 11.
c) Select committees are non-partisan (unlike public committees)
- Membership is chosen as highly regarded backbenchers, rather than following a Whip.
- Chairs possess considerable cross-party support and also receive a significant financial bonus to have a salary alike to a junior minister.
- Provides a strong mandate directly from the legislature to confront powerful departments of state.
- EXAMPLE. From 2014 - 2019, Sarah Wollaston MP has been the chair of the Health and Social Care Committee (now under Jeremy Hunt). As a former practitioner and an independent former Tory MP, she is seen as ideally suited for scrutiny.
- EXAMPLE. In 2015, Frank Field was elected chair of the Work and Pensions Committee and re-elected in 2017. An MP since 1979, Fields career has followed poverty and welfare and, as one of the only Labour MPs to support Brexit, has a reputation for his own mind. In 2018, he resigned the Labour whip to sit as an independent Labour MP after he lost a vote of confidence through his local party members.
d) Select committees regularly consult with ministers, civil servants and experts, and can send for ‘persons, papers and records’ to help investigations.
- They can compel attendance from members of the public and, because of parliamentary privilege, MPs can ask them the most potentially libellous questions without prosecution.
- MP’s are expected to attend and have no right to silence.
- EXAMPLE. In July 2003, Weapons Expert David Kelly was called to testify before the Foreign Affairs Committee over claims that he had provided evidence to the BBC that there was insufficient evidence that Saddam Hussein possed Weapons of Mass Destruction. When being hesitant after being asked which journalist he had met, Andrew Mackinlay MP said he was under “obligation to reply” - Kelly committed suicide 2 days later under the pressure.
e) Reports from select committees are not binding, the non-partisan nature and expert witnesses can have a significant impact on government.
- They are well respected for being evidence-based, with hearings televised and reported to increase their influence, especially with the public interest.
- EXAMPLE. The Transport Select Committee held Transport Secretary Patrick McLoughlin to account for the controversy over the West Coast Main Line rail franchise in 2012.
f) There is a broad scope of influence.
- The Treasury Select Committee has the right to veto the chancellor of the exchequer’s choice for the Head of the Office of Budget Responsibility.
- EXAMPLE. In 2014, the Home Office took the Passport Office under ministerial control, following a critical report by the Home Affairs Select Committee, as the CEO of the Passport Office, organised as an executive agency at the time, had been criticised for a large backlog in applications into summer.
g) Some committees are temporary.
- EXAMPLE. When Theresa May established the Department for Exiting the EU in 2016, a select committee was set up soon after to examine its work under chairman Hilary Benn MP, exploring various scenarios for departure.
h) Their power is limited to some extent.
- There is a high turnover of committee membership, with many members not attending regularly.
- The government accepts 40% of select committee recommendations.
- Although resources have increased, they can only cover a limited range of topics in-depth and there is a tendency to avoid long term issues.
- Committee’s power to summon witnesses is considerable but not unlimited.
- EXAMPLE. In 2013, as Home Secretary, Theresa May blocked the Home Affairs Select Committee from interviewing the Head of MI5, Andrew Parker. - Public Accounts Select Committee
a) Ensures that government expenditure is as effective as possible and holds ‘the government and civil servants to account for the delivery of public services’.
- An alternative career path to the ministerial ladder.
- EXAMPLE. Margaret Hodge, chair of the public accounts committee from 2010 to 2015, said that she had more influence in this role than as a government minister in her career.
- Meg Hillier is the current chair. - Liaison Committee
a) Represents the chairs of all the select committees and regularly questions the PM.
- Significantly less confrontational than PMQT and its form of questioning allows greater opportunities for extended discussion.
b) The reputation of its members also means that it is highly influential in holding the PM to account for government policy. - The Committee of Standards
a) Oversees the work of the Parliamentary Commissioner on standards, an official who is in charge of regulating MPs conduct, including their financial affairs. - House of Lords
a) Permanent Committees
- European Union Committee.
- Science and Technology Committee.
- International Relations Committee.
- Constitution Committee.
- Economic Affairs Committee (broader issues, such as the Economic Case for HS2).
- Communications Committee.
- Secondary Legislation Scrutiny Committee.
b) Temporary Committees
- Artificial Intelligence Committee.
- Citizenship and Civic Engagement Committee.
- Intergenerational Fairness and Provisions Committee.
- Regenerating Seaside Towns Committee.
- Rural Economy Committee.
- Secondary Legislation Scrutiny Committee. - Joint Committees (between both Houses)
a) Joint Committee on Human Rights.
- Has produced significant reports on free speech in universities and the wrongful detention and deportation of members of the ‘Windrush Generation’.
What is Parliamentary Privilege?
PARLIAMENTARY PRIVILEGE
- A principle which protects MPs and peers from being sued for slander, so ensuring that they have freedom of speech within Westminster.
- It also includes the right of Parliament to exclusive cognisance, which means it controls its own internal affairs without outside interference.
- EXAMPLE. Ryan Giggs had a super-injunction on his extramarital affair in 2011, John Hemming used Parliamentary Privilege to comment on the case without prosecution.
What are the exclusive powers of the House of Commons?
HOUSE OF COMMONS EXCLUSIVE POWERS
- Sole right to defeat a bill
a) Also the executive requires the consent of the Commons for legislation to be enacted. - Right to dismiss the government if it loses a vote of no confidence
a) As Parliamentary legitimacy derives from the consent of Parliament as representatives of the nation and if that consent is withdrawn then the government can no longer claim a mandate to govern.
- EXAMPLE. James Callaghan managed to survive a minority government for 3 years to 1979 where they lost a vote of no confidence in March 311-310 votes. Asking the Queen to dissolve Parliament and taking “our case to the country”. - To give consent to taxation and public expenditure.
a) As Parliament represents the taxpayer, there is a tradition that the Lords cannot interfere with money bills.
- Therefore the Chancellor of the Exchequer must sit in the Commons where the annual budget is always presented. - Legitimises controversial decisions such as the dissolution of Parliament, and commitment of the UK to major military operations.
- Represent the nation and is accountable to it in the general election.
What are the exclusive powers of the House of Lords?
HOUSE OF LORDS EXCLUSIVE POWERS
- Revising chamber.
a) Proposing amendments to government legislation.
b) As there are no commitments to constituencies, they can devote more time to scrutiny and independence.
c) They can suggest legislation.
- EXAMPLE. The Female Genital Mutilation Act 2003 began in the Lords as a Private Members Bill. - Continuation of public service
a) EXAMPLE. Lord Fowler served as Margaret Thatcher’s secretary of state for Health from 1981 to 1987.
- By explaining that HIV/AIDS could be passed on by any sexual encounter in the “Don’t die of ignorance” campaign, he made combatting it much more effective as well as disassociating AIDS from being a ‘gay epidemic’.
- As a member of the House of Lords, Fowler chaired a committee on AIDS/HIV in 2010 - 2011 which reported that government AIDS-prevention measures were ‘inadequate’/
- In 2014, he wrote “AIDS: Don’t die of prejudice’ and was overwhelming;y voted Lord Speaker in 2016.
b) Harold MacMillan MP re-entered Parliament as the Earl of Stockton.
- In his maiden speech, he attacked Thatcher’s handling pf the miner’s strike and was critical of the leadership until his death in 1984. - Can delay legislation for one Parliamentary session but cannot veto it according to the Salisbury Convention, if proposed legislation has been included in the winning party’s manifesto.
a) Yet the Parliament Acts 1911 and 1949 do not extend to statutory instruments, which they can theoretically veto.
- EXAMPLE. This was seen when the Lords voted in 2015 to delay planned cuts to tax credits by 289-272 in the ‘Draft Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015’ - If the House of Commons voted to extend the life of Parliament beyond 5 years, the Lords could constitutionally reject this proposal.