2.4 Parliament's interaction with the Executive

Question 1

4

Describe the backbench business committee (BBBC)

Answer 1

• Set up in 2010
• Committee can schedule debates across 35 days (including 27 HoC debates)
• Committee contains 8 backbenchers across 3 largest parties
• Backbenchers can pitch topics for debate

Question 2

2

Give examples of BBBC debates

Answer 2

• Sept 2010, motion calling for continued deployment of UK armed forces in Afghanistan - first time MPs could vote on issue and gave overwhelming majority to motion
• 2011, motion calling for national ref on EU membership - yet government imposed three line whip to vote against motion (limit)

Question 3

2

Describe the success of the BBBC

Answer 3

• Has led to greater backbencher control of parliament against the otherwise dominant executive
• Policy changes can be attributed to work of BBBC e.g. badger culling banned (with cross-party support) against government policy

Question 4

5

Describe the limits of the BBBC

Answer 4

• Changes to the selection of BBBC members in 2012 (see below card)
• Minor parties only get one observer to represent interests
• Members of govt attend BBBC debates on ad hoc basis - days of debate not guaranteed
• Committee time taken up with e-petitions on requests from petitions committee
• BBBC not able to table legislative bills - votes on non-binding motions

Question 5

2

Describe changes to the election of BBBC members in 2012

Answer 5

• Changed so that parties elected own members
• BBBC opposed proposals, yet members whipped to pass change - demonstrates executive dominance over legislature

Question 6

Is the privileges committee a select committee?

Answer 6

No

Question 7

3

Describe the Petitions Committee

Answer 7

• Created in 2015 to recommend debates on petitions that reach 100k signatures
• March 2022, committee arranged debate on waiving visa requirements for Ukranian refugees
• Make requests to BBBC for debates

Question 8

6

Describe adjournment debates

Answer 8

• Take place at end of each day’s sitting
• MPs apply to speaker to ask question
• Other MPs can ask follow-up questions if minister and backbencher agree
• May raise issues of signfiicant public interest
• e.g. in 2020 Neil Parish MP’s adjournment debate called on BBC to protect regional news programmes
• Limited to 30 mins and rarely attended by MPs

Question 9

4

Describe Early Day Motions (EDMs)

Answer 9

• Introduced to MPs urging debate on specific issue
• Most not debated
• Yet signatures can demonstrate parliamentary support for particular issue, especially if many MPs lend support to motion
• e.g. Caroline Lucas put forward EDM in 2011 to ‘save our forests’ against Coalition plans to privatise forests

Question 10

3

Describe Emergency Debates

Answer 10

• HoC standing order 24 allows MP to request emergency debate
• If speaker approves, MP has 3 mins to make case and then HoC decides whether emergency debate takes place
• e.g. Letwin Emergency Debate 2019

Question 11

3

Describe urgent questions

Answer 11

• MP can apply to speaker if they believe minister needs to address issue instantly
• e.g. 2022, Raynor posed urgent question to PM asking if he had knowingly broken lockdown rules during Partygate scandal
• limit - Liz Truss did not attend urgent question posed by Kier Starmer on state of economy after Kwarteng sacking

Question 12

3

How has the power of backbenchers changed in recent times?

Answer 12

• Increasingly rebellious e.g. 2018 EU Withdrawal Bill
• Governments may change contentious parts of bill to win support
• Greater powers since Wright Reforms of 2010 - establishment of BBBC

Question 13

2

Describe parliamentary priviledge

Answer 13

• Protects MPs from laws of slander (defamation) when speaking in chamber
• e.g. Andy McDonald MP accused Ben Houchen of corruption at Teesport

Question 14

3 - (5) (4) (3)

Describe reasons why the influence of backbenchers has increased in recent times

Answer 14

• Expansion of committee powers to scrutinise Government
  
  • Greater independence of select committees which are exclusive to backbenchers - chairs elected by secret ballot
  • interview government ministers and bring in experts to aid enquiries
  • limited influence from whips allows for genuine scrutiny e.g. David Davis
  • 30-40% committee recommendations end up as govt policy (2015 study)
  • Liaison Committee’s stature is effective in scrutinising PM away from ‘theatre’ of PMQs
• Granted greater control of the parliamentary agenda since Wright Reforms
  
  • BBBC enables MPs to schedule debates on important issues
  • Several policy changes can be attributed to BBBC
  • Can ask urgent questions, sign EDMs, etc
  • Prevents traditional neglect of PMBs
• Increasingly rebellious
  
  • 2017-2019, factional backbenchers very influential in affecting Government EU policy
  • e.g. Letwin Emergency Debate 2019
  • led to downfall of several PMs: May, Johnson, Truss

Question may be focused on backbenchers in ‘Parliament’ - so include HoL

Question 15

3 - (4) (4) (4)

Describe reasons why the influence of backbenchers has not increased in recent times

Answer 15

• Committes remain weak in influence
  
  • scrutiny function limited - committee reports hold no binding power
  • Govenrment can ignore all recommendations
  • no subpoena to get experts to attend e.g. Elon Musk - limits ability to bring in expertise to aid scrutiny
  • government can influence membership to reduce scrutiny e.g. Bernard Jenkin
• Use of secondary legislation circumvents backbencher legislative function
  
  • Increasing use of SIs to remove legislative scrutiny and debate
  • outweighs greater influence on palriamnetary debate enabled by BBBC
  • can be for significant measures e.g. Coronavirus Act 2020
  • reinforces executive dominance of legislative agenda
• Influence of rebellions dependent on parliamentary majority
  
  • 2017-2019 weakness due to minority govt - Blair suffered no defeats from 1997-2005
  • enforcement of whip stronger with larger majority e.g. Windsor Framework only suffered 22 Con MP rebellions despite previous contention of brexit
  • enforcement of whip system remains strong in mitigating backbencher power
  • therefore influence dependent on election outcomes rather than effective powers steadily increasing

Question 16

5

Describe the role and powers of select committees

Answer 16

• Scrutinise department, gather evidence and produce reports (power to send for ‘persons, paper and records’)
• Govenrment has 60 days to respond to reports
• Consult widely with minsiters, civil servants and experts
• Committee reports non-partisan and expertised, but non-binding
• Hold parliamentary priviledge

Note: introduced 1979

Question 17

3

Describe the different types of select committee

Answer 17

• HoC committees scrutinise government departments (e.g. Education Select Committee)
• HoL Committtees focus on wider area e.g. constitution
• Committees that scrutinise wider government business e.g. Liaison and Public Accounts Committee

Question 18

6

Describe the membership of select comittees

Answer 18

• Exclusive to backbenchers
• Non-partisan, unlike Public Bill Committees
• Traditionally 11 members
• Membership can be increased if committee considered constitutionally significant to gain a wider range of views (Committee on Exiting the European Union had 21)
• Composition reflects party balance in HoC
• Members selected by internal PLP elections

Question 19

3

Describe select committee chairs

Answer 19

• Prolific role commanding additional salary e.g. former cabinet minister Yvette Cooper served as Home Affairs Select Committee chair
• Holds important role in directing committee inquiries
• Elected by secret ballot of all MPs

Question 20

3

Describe examples of successful select committee consultations

Answer 20

• Amber Rudd forced to resign as Home Sec after lying to Home Affairs Committee that Home Office had targets for deportation of illegal immigrants
• Carrie Gracie (BBC China editor) interviewed by Culture, Media and Sport committee over unequal gender pay in BBC - expert
• David Davis forced to admit no detailed economic-impact reports on brexit had been conducted by Exiting the EU Committee despite previously claiming 57 had

Question 21

2

Describe examples of weak select committee consultations

Answer 21

• Elon Musk did not turn up to give evidence to DCMS Committee - no subpoena
• David Davis faced no subsequent action

Question 22

4

Describe the Public Accounts Committee

Answer 22

• High profile and most important committee
• Cross-departmenal and produce indepdent, unanimous reports
• Oversee government expenditure and measure value for money
• e.g. scrutinised £285m redevelopments on St Helena Airport in 2016 after it was deemed too windy to be opneed

Question 23

2

Describe membership of the Public Accounts Committee

Answer 23

• 16 MPs reflecting parliamentary representation
• Chair conventionally from opposition, currently Dame Meg Miller MP (Lab)

Question 24

4

Describe the role of Liaison Committee

Answer 24

• Promoted effective and aggregate scrutiny of government
• Coordinates select committee activity
• Considers overall work and of debates reports from HoC select committees
• Questions and scrutinises PM in extended interviews usually 3 times a year - much more rigorous and forensic than PMQs

Note: created 2002

Question 25

3

Describe the membership and chairmanship of the Liaison Committee

Answer 25

• 34 respective HoC select committees chairs + liaison committee chair
• Typically, Committee Chair need not be chosen from incumbent party (e.g. Change UK/LD Sarah Wollaston in 2019)
• Yet Boris Government installed and insisted on Bernard Jenkin, an ally, being appointed chair - though Jenkin lauded for his neutrality

Question 26

5

Describe Liaison Committee interviews with PM

Answer 26

• Removed from theatre and confrontation of PMQs
• not obliged to attend - but convention to do so
• 2010 - David Cameron answered questions about scrapped aircraft committees
• May’s liaison committee appearances focused on government inability to pass brexit - demonstrated weakness of govt
• 2022 - Boris Johnson liaison committee became confrontational and ‘theatre’ amid mass ministerial resignations

Question 27

3 - (4) (3) (4)

Describe the argument that select committees effectively scrutinise the executive

Answer 27

• Scrutiny is more forensic and rigorous than other methods e.g. PMQs
  
  • Interview ministers on controversies and ensure effectiveness of departmental work - politically unwise for ministers to refuse to turn up
  • bring in experts to improve ability to scrutinise and imrpove recommendations e.g. BBC China editor
  • upholds good governance in way media-focused PMQs cannot
  • e.g. David Davis - Committee on exiting EU
• Membership is expertised which allows for more effective scrutiny
  
  • Chairs command salaries of junior ministers - attracts high calibre of politicans to role e.g. Yvette Cooper
  • experience allows for better scrutiny
  • also provides ministerial progression for effective and respected chairs e.g. Tom Tugenhat - scrutiny of future ministerial candidates
• Non-partisan and independent
  
  • cross-party membership and chair allocation to each party reflecting parliament make-up
  • chairs elected by secret ballot - limited influence from whips, etc
  • lends weight to reports and recommendations
  • 30-40% committee recommendations end up as government policy (2015 study) - imrpoves executive decision-making

Question 28

3 - (3) (4) (3)

Describe the argument that select committees do not effectively scrutinise the executive

Answer 28

• Select committee scrutiny dependent on government attitude
  
  • Government does not need to take up recommendations, only respond to reports within 60 days
  • especially true if large parliamentary majority - select committees can rarely challenge powerful government as will attract little pressure to take up recommendations
  • no subpoena (law of summons) for ministers to attend - bypass scrutiny
• Contoversy over membership can overshadow select committee work
  
  • Chair selection can test cross-party cohesion, especially for important committees e.g. Remainer Hilary Benn (Exiting the EU), selection of Bernard Jenkin as Liaison Commitee chair
  • Ministerial/shadow frontbench reshuffles can lead to turnover of membership which mitigates ability for members to become experts in that field e.g. defence committee saw 83% turnover during 2010-15
  • Inexperienced replacements less likely to be able to effectively scrutinise e.g. Kier Mather MP serves on Treasury Committee despite inexperience
  • takes focus away from forensic questioning and reports - reduce ability to scrutinise
• Greater prominence of select committees has given way to virtue-signalling
  
  • Interviews of ministers can be used to obtain political capital rather than promoting effective scrutiny of departments
  • prominent individuals invited to attend committee hearings unlikely to open themselves up to scrutiny e.g. Elon Musk
  • serve to bolster future stature and credibility for promotion rather than effective scrutiny of executive

Question 29

5

Describe opposition days

Answer 29

• 20 days set aside to debate subjects chosen by opposition (17 given to leader of opposition)
• poses motions it believes government should justify itself on
• 2009 LD motion on Brown Government failure to provide Ghurka veterans with UK citizenship passed 267-246 (21 vote margin)
• Ed Miliband motion to oppose lifting ban on fracking failed 326-230, but caused Liz Truss downfall due to Government declaring it an effective confidence vote
• Therefore opposition days important in pressuring government to act on areas where its action is lacking

Question 30

4

Describe the features of the opposition

Answer 30

• Concerns all MPs/Lords that are not part of governing party/coalition
• Largest of opposition parties is HM Loyal Opposition
• HM Loyal Opposition have shadow cabinet and shadow ministers (‘shadowing the government’)
• Other opposition parties tend to have official spokespeople for government brief

Question 31

5

Describe the role of the opposition

Answer 31

• Scrutinise government through PMQs, urgent questions, etc
• Ensure that government justifies legislative agenda and executive decisions
• Provide alternative government-in-waiting in case of the dissolution of Parliament
• use frontbench spokespeople to focus on government departments they are shadowing, exposing flaws in policy implementation
• shape parliamentary agenda through opposition days

Question 32

3 - (3) (3) (2)

Describe the argument that the opposition is influential

Answer 32

• Provide alternative government-in-waiting
  
  • Shadow cabinet and shadow ministers of HM loyal opposition recieve significant media focus
  • offer alternative policy to government providing voters with choice
  • significance of opposition eases transition into government e.g. Starmer’s shadow cabinet recieving ministerial training - confirms that opposition is politically powerful
• Best placed to scrutinise government
  
  • Allocated number of select committee chair roles e.g. Hilary Benn - effectively scrutinise ministers by bringing in experts for consultation
  • PMQs offers chance to portray government as incompent and demonstrate how their opposition party would be better placed to act
  • Recieve ‘short money’ to carry out parliamentary function - highlights regarded influence
• Shape parliamentary agenda
  
  • Given 20 Opposition days - limits executive dominance of debate
  • scrutinise government bils and PMBs in Public Bill Committees - key part of legislative process

Question 33

3 - (3) (2) (3)

Describe the argument that the opposition is not influential

Answer 33

• A popular government can overshadow the influence of the opposition
  
  • Popular government likely to attract little criticism - less room for prominence of HM Loyal opposition and especially smaller parties in media focus
  • Strong PM can mitigate influence and role of leader of opposition e.g. Blair and Hague
  • especially true if Leader of Opposition burdened with internal party divisions, which is acutey prominent in opposition
• Scrutiny has little impact on government
  
  • PMQs epitomised by ‘theatre’ with repetitive questioning
  • government cut ‘short money’ in 2015, reducing opposition capacity to scrutinise
• A strong parliamentary majority further reduces opposition influence
  
  • A strong majority reduces ability for opposition to defeat government legislation and demonstrate influence as reliant on internal party rebellion
  • rare exceptions e.g. Shops Bill 1986
  • therefore opposition role reduced to virtue-signalling (e.g. Opposition Day motions + EDMs carry little weight and are non-binding)

Question 34

5

Describe ministerial question time

Answer 34

• Parliamentary business time allocated on Monday and Thursday for oral questions to ministers (1 hour in Commons, 1/2 hour in Lords)
• Reply to questions concerned from opposition spokespeople and backbenchers
• Questions directed to responsibilities of government department in HoC, wider government in HoL
• Ministers compelled to attend in Commons
• e.g. FO had to respond to several questions from MPs on whether Russia-Ukraine War support was working as intended

Question 35

3

Describe written questions

Answer 35

• Ministers must respond to written questions within 1 week if originate in HoC, 2 weeks if originated in HoL
• Made publicly avaialable
• Ensure that ministers do not neglect responsibilities to HoC

Question 36

5

Describe the features of PMQs

Answer 36

• Weekly questioning of PM at noon on Wednesday
• Leader of Opposition permitted to ask 6 questions to PM
• Leader of next largest party permitted to ask 2 questions
• Backbench MPs can one question - if chosen - on government policy/action or local constituency concern
• PM spends hours preparing for PMQs with team equipped with much more resources (e.g. non-public government figures) than backbench MPs

Question 37

3 - (3) (4) (2)

Describe the argument that PMQs serve an important role in scrutinising the government

Question may concern Ministerial Question Time as well

Answer 37

• Places spotlight on PM
  
  • displays PM charisma and ability to uphold position - important for electorate given holistic and diplomatic role of PM
  • regular questioning on issues of public concern that PM might intend to avoid in media e.g. illegal parties at Downing Street
  • detailed questions and answers e.g. Sunak spoke of reducing students’ ability to bring dependents over, affecting 150k, after questions over uncontrolled migration levels
• Provides avenue for opposition to pose as alternative government
  
  • Leader of opposition asks 6 questions to build argument - PMQs centres on the 2 leaders
  • can impact government policy e.g. government stopped using premium-rate number for UC queries following Corbyn question
  • alternative government a key part of scrutiny to enocurage the government to better deliver on policy promises
  • PMQs can expose inadequacies of opposition e.g. Sunak cited the Labour party taking £700k from unknown Chinese agent - Opposition can improve party processes to better offer alternative choice
• Allows whole legislature to hold government accountable
  
  • MPs may ask questions concerning individual constituency matters that would otherwise be neglected by government e.g. John Hayes MP asked PMQ on funding for roads in Lincolnshire
  • Provides high-profile interrogation of executive by entire legislature in way alien to presidential/other parliamentary systems were there is much less regular scrutiny

Question 38

3 - (3) (3) (3)

Describe the argument that PMQs does not serve an important role in scrutinising the government

Answer 38

• PMQs focused on ‘theatre’ rather than effective scrutiny
  
  • raucous platform electioneering with jeering, soundbites, etc
  • PM may deflect question and use popular counterclaim to drum up support e.g. criticism of Starmer support of Corbyn
  • discourages genuine debate and thus detracts from key legislative function
• Government backbenchers often directed to ask supportive questions by party leadership
  
  • strong party discipline leads to significant portion of PMQ time taken up by worthless questions - though may break down (e.g. David Davis called on Boris to quit)
  • incentivised to do so for party promotion, etc
  • limits ability of MPs to uphold representative function and scrutinise PM effectively
• Opportunities for backbenchers to scrutinise limited
  
  • leader of opposition arguably gets undue focus, especially given their questions also serve primarily to electioneer
  • backbenchers must enter ballot or bob to ask questions - rare chance of selection
  • small time slot + irregularity of some PMs (Sunak) to attend further reduces scrutiny by backbenchers who do not have same opportunities in media as the leader of opposition

Question 39

3

Describe the Teeswork Scandal

Answer 39

• 2023, Andy McDonald MP (Lab) accussed Ben Houchen of corrupt practices at Teeswork developments using parliamentary priviledge
• McDonald refused to repeat claims outside Parliament
• 2024, independent Government report found no evidence of corruption