2.4 - The Ways in Which Parliament Interacts with the Executive

Question 1

The importance of Parliamentary privilege - What is Parliamentary privilege?

Answer 1

• Parliamentary privilege refers to the right of MPs or Lords to make certain statements within Parliament without being subject to outside influence, including the law
• This in effect means complete freedom of speech without fear of persecution or lawsuits

Question 2

The importance of Parliamentary privilege - Why is Parliamentary privilege a thing?

Answer 2

This is primarily done for MPs to criticise gov as they wish and is also regulated by the Parliamentary Commissioner for Standards and the Speakers of both chambers

Question 3

The importance parliamentary privilege - Is Parliamentary privilege a license for MPs to act as they please?

Answer 3

• This does not mean MPs can act exactly as they please
• Those who are considered to have abused PP may be disciplined, though this is a fairly weak check

Question 4

The importance of Parliamentary privilege - Overall judgement

Answer 4

Overall the use of PP is important in allowing MPs to discuss issues freely and fairly without fear of reprisals however its misuse poses a serious threat to the rule of law and British democracy

Question 5

Significance of backbenchers - What do MPs do in the Commons? (9)

Answer 5

• Take part in votes on legislation or division
• Speak in general debates on government business
• Speak in backbench debates about national or constituency issues
• Scrutinise proposed legislation at committee stage
• Possibly being a member of select committees
• Active membership of a campaign committee of MPs on a particular issue
• Taking part in fact finding missions with other MPs, sometimes abroad
• Being a member of a committee formed by their own party to develop policy on a particular issue
• Campaigning, lobbying, and speaking on behalf of an outside interest or cause

Question 6

How significant are MPs in the Commons - Limited significance (5)

Answer 6

• They simply go with what their party and whips say rather than independence on specific issues out of party loyalty or ambition
• Backbench MPs have little to no power over frontbenchers – they hold no power over legislation and fail to hold the government to account significantly
• MPs may simply not attend parliamentary proceedings, suggesting a lack of interest
• Very long parliamentary recesses where the executive can work unchecked
• MPs can be unknown in their constituencies

Question 7

How significant are MPs in the Commons - Great significance (5)

Answer 7

• The independent-minded MPs in parliament who aren’t afraid to put their own beliefs above the party line; e.g. Brexit negotiations
• Since 2010, parliament has been mire willing to defy government and that select committees are becoming increasingly effective in holding gov to account
• Much of the work of MPs is done outside of parliament, often in committees, and is of great significance in the effective working of P but much less visible than the work of frontbenchers
• MPs use the long recess to catch up on constituency work, ensuring a strong connection between the people and P
• Many, though not all, MPs undertake heavy workloads representing constituency interests, even if they are not well known

Question 8

The work of select committees - What are select committees and how many are there?

Answer 8

• Much of the work in P is done in select committees – bodies that investigate the work of gov and gov departments
• There are 19 departmental select committees in the Commons plus the Public Accounts Committee, the Liaison Committee and the Backbench Business Committee

Question 9

The Public Accounts Committee - What is the PAC and how is its chair/members chosen?

Answer 9

• Its role is to examine public finances
• The chair of this committee is always a member of the main opposition party
• The chair and the MPs who sit on the committee are all elected by MPs and are not controlled by the government, as these members also do their best to be independent, producing unanimous reports as a means to stay independent
• The committee generally tends to stand above party politics

Question 10

The Public Accounts Committee - Example of the PAC holding gov to account?

Answer 10

• 2015 investigation into the effectiveness of cancer care given by the NHS
• Highly critical of the variation in cancer treatment in different regions and age groups, as well as low cure rates and long waiting lists
• This publicity forced gov to launch a review into cancer treatment and set up an independent cancer task force to improve the delivery of cancer treatment across the UK by 2020 (even though it is worse today than ever with wait lists of 3 years in some cases)

Question 11

Departmental select committees - What are departmental select committees and how are their members decided?

Answer 11

• 20 Departmental Select Committees, with each one investigating the work of a government department
• Cross-party whips determine which committee chairs will be awarded to each party – total is in line with representation in the commons
• Backbenchers who wish to chair the committee will put themselves forward to their parties and be subject to a vote from the whole house, while the other seats are proportionally allocated to each party

Question 12

Departmental select committees - Membership, majorities, and reports

Answer 12

• Membership varies between 11 and 14, with the small parties only having a scattering of members
• Governing party usually has a majority on each committee, though much like the PAC, MPs in these committees are largely independent (non-partisan) and produce unanimous reports
• These reports are presented to the whole house and receive considerable publicity with the news

Question 13

Departmental select committees - Example of the Home Affairs Committee holding gov to account?

Answer 13

• EG Home Affairs Committee launched a 2018 investigation into the causes and issues surrounding the Windrush scandal that denied many of the Windrush generation and their descendants their fundamental rights
• The committee were highly critical of the cultural, organisational, and administrative changes that led to rights being denied to British citizens, and was highly critical of the Home Office’s lack of knowledge or openness about the issue - recommended an apology and immediate reforms of procedure and focus be introduced
• As of Jan 2023, the Home Office has only compensated 12% of the victims of the Windrush scandal

Question 14

The Liaison Committee - What is the Liaison Committee, what does it do, and is it effective?

Answer 14

• This committee consists of the chairs of all the departmental select committees as well as several other committees
• Main functions are to oversee the work of select committees and to hold the Prime Minister directly to account
• Quite ineffective – BJ cancelled several planned meetings with no consequences

Question 15

The Backbench Business Committee - Who makes up the BBC and what does it do?

Answer 15

• This committee is made up of elected backbench MPs
• One day of the week allocated to backbench business – BBC decides what the order of procedure is for that day

Question 16

The Backbench Business Committee - What can the subject matter of these days range from?

Answer 16

• Pre 2010 most of the parliamentary agenda was controlled by gob and opposition
• The subject matter of these debates can be picked from any of the following; when an e-petition reaches 100,000 signatures, on the initiative of one the select committees, from a request by MPs or a group of MPs, and requests from national and local campaigns

Question 17

The Backbench Business Committee - Example of the BBC being effective?

Answer 17

• EG in 2011, when an e-petition regarding the release of all documents relating to the 1989 Hillsborough disaster
• The petition forced a parliamentary debate, out of which the government was forced to release previously secret police papers about the disaster
• This then resulted in new inquest and several official inquiries into Hillsborough

Question 18

Impact of select committees - Weaknesses of select committees (4)

Answer 18

• All select committees in the commons suffer the same weakness; that they do not have the power to enforce decisions and recommendations
• All they can do is bring publicity to an issue and hold the government to account for its actions, and they are becoming more significant
• Ministers can avoid questions posed to them if they are briefed well
• MPs will only call for documents that they know exist

Question 19

The impact of select committees - Strengths of select committees (3)

Answer 19

• The great strength of these committees is that the MPs who make up their membership tend to be independently minded and without party loyalty
• Hearings are televised so issues receive significant publicity
• Questioning done in these committees are long and intense, and weak answers are not accepted

Question 20

The role and significance of the opposition - Effectiveness of opposition days?

Answer 20

• The opposition has control over 20 days known as opposition days which are dedicated to debates chosen by the opposition
• Chance for the non-gov parties to set the agenda and push policy
• Recently has proved vary effective in politics
• Labour used their most recent opposition day to table a motion on fracking
• This sparked chaos amongst the Conservatives with the hours after the vote seeing the resignation of the chief whip, home secretary, and ultimately putting the final nail in Liz Truss’ premiership’s coffin
• This shows they can be effective at scrutinising government

Question 21

The role and significance of question time - Ministerial question time

Answer 21

• Ministers are called regularly to the house to face questions from MPs
• Takes place twice per week for an hour on Monday and Thursday
• If you don’t get an opportunity for an oral question, one can write to an MP which they have to respond to
• Strengths include that ministers are subject to questions and scrutiny
• They need to be prepared as questions can be hostile
• MPs are often free from party whips
• Issues include the fact that some questions are expected (notice is given), some questioned may be framed or gentle, and ministers have civil servants to prepare for them (MPs don’t)

Question 22

The role and significance of question time - PMQs

Answer 22

• A chance for the head of gov to be accountable to MPs
• Largely ritualised affair – can become a bit of a media circus
• Says more about the personality of the PM than it does about gov policies – bad in terms of holding government to account