2.4 The ways in which parliament interacts with the executive

Question 1

Define parliamentary privilege.

Answer 1

The right of MPs and Lords to make certain statements within parliament without being subject to outside influence, including law.
- Its role is to ensure that MPs and peers enjoy their historic right to freedom of speech

Question 2

How is parliamentary privilege not unlimited?

Answer 2

Doesn’t mean that MPs cannot be prosecuted for criminal activity; several MPs and peers were jailed, for example, following revelations in 2009 that they made false claims for parliamentary expenses.

Question 3

What have some commentators suggested about backbench MPs in recent years?

Answer 3

That they are playing an increasingly significant role within parliament - especially in scrutinising govt activity and holding the executive to account

Question 4

What is the Backbench Business Committee?

Answer 4

• Created in 2010
• Allowed to choose topic for debate on 35 days in each parliamentary session
• Some subjects are chosen in response to e-petitions signed by members of the public; 100,000 signatures required to qualify
• Led to holding of debates on subjects that might not otherwise have been chosen
• Some debates take place in Westminster Hall

Question 5

Give an example of debate that took place in the Backbench Business Committee.

Answer 5

1) 2015 - debate that led to introduction of Harvey’s law - obliges the Highways Agency to notify the owners of pets who are killed on the roads

Question 6

What is a significant example of backbench rebellions in a governing party?

Answer 6

• Political scientists Philip Cowley and Mark Stuart - calculated that coalition MPs rebelled in 35% of divisions during the 2010-15 parliament; equivalent figures for govt rebellions under Labour in 2005-10 parliament was 28%

Question 7

What may a govt do if it is uncertain of getting its business through the Commons?

Answer 7

It may choose not to proceed rather than risk actual defeat in the Commons - coalition’s dropping of its House of Lords reform bill after the second reading in 2013 is an example.

Question 8

What are ‘urgent questions’?

Answer 8

A device that, subject to the approval of the Speaker of the House, allows an MP to raise an important matter requiring an immediate answer from a govt minister.

Question 9

How have ‘urgent questions’ been important in recent years?

Answer 9

There has been an increase:

• Speaker John Bercow allowed a total of 3,547 urgent questions in 2009-13 - his predecessor, Michael Martin (2000-09) presided over only 1,234 in a longer period
• E.g. - summoning of Work and Pensions Secretary Damian Green in Feb 2017 - to answer an urgent question put by Labour MP Stephen Timms regarding changes to Personal Independence Payment - a benefit paid to disabled people

Question 10

What important limits are there on the influence of backbenchers?

Answer 10

1) MPs can use various methods to draw attention to issues in which they are interested, but this doesn’t mean they will succeed in getting action taken
2) Public bill committees give MPs opportunity to propose amendments to legislation - however, govt has majority on these committees
3) Power of patronage and ties of party loyalty - reinforced by the party whips - remain important factors in the Commons

Question 11

Why would backbenchers sometimes fail to succeed in getting action taken on their issues?

Answer 11

• Adjournment debate - after official business of House is over - opportunity to raise an issue and a minister will reply
• Another option for backbencher - 10-minute rule - allowed to speak for 10 mins on chosen subject

However - only result is likely to be an airing of the MP’s concerns in debate - limited

Question 12

How can the govt use their majority to prevent MPs’ legislation amendment proposals?

Answer 12

Majority on public bill committees - will use its position to introduce its own amendments - rather than listening to proposals from opposition MPs

Question 13

What is the significant of the growing prominence of cross-bench peers in the Lords?

Answer 13

• For almost any conceivable area of public life or interest - there will be peers with experience and expertise who can contribute to debates in particular areas
  E.g. - Professor Lord Hennessy, one of Britain’s leading exports on constitutional matters + Baroness Greenfield in field of science and technology

Question 14

What are the purpose of select committees?

Answer 14

There is a select committee to scrutinise the policy, administration and spending of each govt department.

Question 15

What are the several non-departmental select committees with specific functions?

Answer 15

1) Public Accounts Committee - examines govt expenditure, seeking to ensure that value for money is being obtained
2) The Liaison Committee - consists of chairs of all select committees - questions PM 2x a year across whole field of govt policy
3) The Committee on Standards - oversees work of the parliamentary commissioner on standards - official who is in charge of regulating MPs’ conduct, including their financial affairs

Question 16

What do the departmental select committees consist of?

Answer 16

• Minimum of 11 backbench MPs - composition reflects balance of party strength in Commons
• E.g. - Education Select Committee - chaired by Tory Mp Neil Carmichael following 2015 election - of other 10 members - further 5 Tory, 4 Labour and 1 SNP

Question 17

How are committee chairs elected?

Answer 17

Following reform introduced in 2010 - chairs now elected by fellow MPs rather than chosen by party whips - increased their independence - members are chosen by secret ballot within party groups

Question 18

What do select committee members do?

Answer 18

• Decide on areas they will investigate - have the power to gather written and oral evidence to summon witnesses - including ministers, civil servants, experts and members of public w/ relative interest

Question 19

Who may select committees appoint?

Answer 19

Specialist advisers:
- Possibly an academic in field they are investigating - to assist them in their work - they produce a report - to which the govt is expected to respond within 2 months

Question 20

In what ways are select committees important?

Answer 20

1) Work is respected and evidenced-based
2) Scope of committees’ work widened in recent years
3) Long-serving members can accumulate more knowledge of a particular policy area than a minister
4) Select committees can have direct influence on govt policy

Question 21

In what ways is select committee work evidence-based?

Answer 21

• Hearings are televised and reported in the media - increases influence
• Air issues of public interest
• E.g. - Transport Select Committee - held Transport Secretary Patrick McLoughlin to account for the controversy over the West Coast Main Line rail franchise in 2012

Question 22

How has the scope of select committees’ work widened in recent years?

Answer 22

Now includes scrutiny of legislation

• Also hold pre-appointment hearings - they interview candidates for some public roles
• Treasury Select Committee - has right to veto chancellor of the exchequer’s choice for the head of the Office for Budget Responsibility

Question 23

Why is it significant that long-serving select committees members gain more knowledge of a policy area than a minister?

Answer 23

• Minister may only stay in a govt department for 2 or 3 years
• Some experienced chairs have become considerable public figures - role recognised as alternative career path to ministerial ladder
• E.g. - Margaret Hodge - chair of Public Accounts Select Committee from 2010 to 2015 - said that she had more influence in this role than as a govt minister earlier in career

Question 24

How do select committees have a direct influence on govt policy?

Answer 24

E.g. - 2014 - Home Office took the Passport Office back under ministerial control - following critical report by Home Affairs Select Committee - chief executive of Passport Office - organised as an executive agency at the time - criticised for large backlog in applications that had caused considerable public anger during summer

Question 25

Why should the influence of select committees not be exaggerated?

Answer 25

1) Majority of select-committee members will be drawn from governing party 2) Although resources available have increased - committees can only cover limited range of topics in depth to avoid investigations into more long-term strategic issues 3) Still high turnover rate for membership of committees - some MPs don't attend regularly 4) Govt accepts estimated 40% select-committee recommendations - rarely involve major changes of policy 5) Committees' power to summon witnesses - considerable but not unlimited - e.g. - 2013 - Home Secretary - Theresa May - blocked Home Affairs Select Committee from interviewing head of MI5, Andrew Parker

Question 26

How do House of Lords select committees work?

Answer 26

- Operate on different basis to those in Commons - Don't shadow govt departments - instead scrutinise legislation and investigate particular issues - E.g. - Constitution Committee - examines public bills for their constitutional implications - investigates broad constitutional issues - Lord committees - deliberately seek to avoid duplicating work of counterparts in Commons

Question 27

What's the significance of the House of Lords Economic Affairs Committee?

Answer 27

Economic Affairs Committee - looks at wider issues - e.g., economic case for HS2 rail link - Lords committees can draw on services of a range of well-qualified experts in different fields - E.g. - Nigel Lawson - member of it - Yet, however learned and thoroughly research the reports of these Lords committees may be, their wider impact is usually limited

Question 28

When are opposition parties weak?

Answer 28

- Aren't in a strong position to hold govt to account in parliament - unless its majority is small - Even leader of opposition who is judged to be an effective performer in the Commons - e.g. William Hague

Question 29

What alternative methods may opposition leaders use, if not in parliament?

Answer 29

- Use of the media - they can reach a large audience

Question 30

What opportunities do opposition leaders have in holding the govt to account?

Answer 30

- Take leading role in responding to govt programme - as set out in annual Queen's speech, replies to the chancellor of the exchequer's budget speech

Question 31

What are opposition parties allocated 20 days a year?

Answer 31

- To propose subjects for debate - Of these - 17 days are at disposal of leader of official opposition - largest opposition party - leaving other 3 days to the 2nd-large party - E.g. - SNP used its allocation in Nov 2015 to instigate debates on the Trident nuclear defence system, to which they are strongly opposed - and on closure of HMRC offices - These occasions of only symbolic importance - allowing opposition parties to register views on aspects of govt policy - Govt will usually table an amendment to the opposition motion, cancelling it out by commending own

Question 32

What assistance is available to help opposition parties carry out their parliamentary business?

Answer 32

'Short money': - Fund also provides help with the running costs of the leader of the opposition's office - Purpose of Short money - to compensate for the fact that, unlike the govt, opposition parties don't have access to support from civil service - it is supposed to be spent on policy research and the salaries of staff who work for the opposition in parliament - rather than in their party headquarters - Tory govt cut amount available after 2015 election - on grounds that opposition parties should make sacrifices at a time when Whitehall departments' funding was being reduced

Question 33

What is PMQs?

Answer 33

- One of the regular set-piece events of parliamentary calendar - 12pm, for 30 mins each Wednesday - Attracts considerable attention in press and television reporting - its defenders argue it obliges PM to engage w/ opposition on range of topics - Blair described it as 'the most nerve-racking, discombobulating, nail-biting, bowel-moving, terror-inspiring, courage-draining experience' in his political life

Question 34

What do critics of PMQs argue?

Answer 34

- Point to the 'gladiatorial' nature of it - tends to reveal more about their respective personalities than it does about detail of govt policy - Clashes between Cameron and Corbyn - notorious for displays of prime ministerial scorn - Cameron 1 occasion attacking Corbyn's choice of suit - Considerable stage management, with MPs on govt side - ask 'planted' questions to present PM in good light - 2012 - revealed that Cameron's parliamentary private secretary, Desmond Swayne, had orchestrated heckling of Miliband - had asked Tory MPs to create 'protective wall of sound'

Question 35

Where is better scrutiny of govt activity arguably provided instead of PMQs?

Answer 35

- By the rota on which ministers answer questions about their departments - Usually entails more detailed questioning and ministers given notice of oral Qs so they can prepare with assistance of civil servants - MPs can also submit written Qs that are answered by civil servants - Allows opposition MPs to inform themselves about govt policy - individual members can raise issues of interest to their constituents - This is much less well-known than the highly theatrical verbal duels between the PM and leader of opposition