Lecture 7: Scrutiny of the Government Flashcards
What are the main mechanisms of Parliament scrutinizing the government?
Parliamentary Questions
Parliamentary Debates
Select Committees
What is the purpose of Parliamentary Questions?
To gather information from the government about policies, actions, and decisions.
To require the government to explain and defend its policies and actions.
What are the two types of Parliamentary Questions?
Oral Questions
Written Questions
What are Oral Questions in Parliament?
A type of parliamentary question asked in person during a session.
One of Parliament’s most publicly recognizable activities.
Includes Prime Minister’s Questions (PMQs), which lasts 30 minutes every Wednesday and is televised.
What is Prime Minister’s Questions (PMQs)?
A 30-minute session every Wednesday where the Prime Minister answers questions from MPs.
It is televised and available on BBC.
What is the purpose of Prime Minister’s Questions (PMQs)?
Opposition MPs highlight defects in the government or its policies.
The PM defends the government and criticizes the opposition.
The aim is not to change policy but to show the government is deficient and that the opposition could govern better.
What type of questions do government backbench MPs ask during PMQs?
Sycophantic questions congratulating the PM on the government’s supposed successes.
What is PMQs often considered to be?
More of a political theatre than a forum for actual policy change.
How often do ministers appear for questioning during Question Time?
Ministers appear once in a five-weekly cycle as part of a departmental rota.
MPs and peers can question them on matters for which they are responsible.
What are Urgent Questions in the House of Commons?
At the Speaker’s discretion based on urgency and public importance.
MPs can receive an oral answer on the same day if submitted by the morning deadline.
Equivalent in the House of Lords: private notice questions.
What are Written Questions in Parliament?
MPs or peers can ask a government department a question in writing and receive an answer by email.
Allows detailed information extraction from the government.
What are the two types of Written Questions?
Ordinary Questions:
Response in 5-10 working days.
No limit on the number of questions.
Named Day Questions:
Prioritized response, answered on the third sitting day after they are tabled.
Maximum of 5 named day questions per day.
What is the primary function of Parliamentary Debates?
They are the primary vehicle through which parliamentary business is carried out.
Adequate time for debates is essential for effective scrutiny.
What happens during a Parliamentary Debate?
It proceeds from an initial ‘motion’, which forms the basis of the debate.
Can be about a Bill or whether the Government continues to enjoy the confidence of the House.
How common are government defeats on a motion in the Commons vs the Lords?
In the Commons: Very rare, only 13 defeats between 1997-2015.
In the Lords: More common, with over 600 defeats from 1997-2015.
The Lords’ power is mainly to delay and ask the government to reconsider.
What is the main distinction between Select Committees and Public Bill Committees?
Select Committees are not Public Bill Committees.
They are dedicated to scrutinizing the work of government departments and public policy, whereas Public Bill Committees focus on specific bills.
When was the system of Select Committees established?
The system was put into place after the 1978 Report of the Select Committee on Procedure, which was integral to establishing the system.
Where are Select Committees present?
They are present in the House of Commons, the House of Lords, and jointly (with members from both Houses).
How is the membership of Commons Select Committees structured?
Each government department has its own dedicated select committee.
The committees consist of between 11 and 16 MPs, all of whom are backbenchers (no government ministers).
Membership is cross-party, ensuring political balance or neutrality.
How are the chairs of Commons Select Committees elected?
The chairs are elected by MPs through a secret ballot, ensuring a free vote and preventing party whips from influencing the selection.
What is the role of Commons Select Committees?
Select Committees are tasked with scrutinizing government departments.
They have evolved from merely commenting on policies to actively influencing government policymaking, often making significant recommendations for change.
How has the role of Select Committees changed over time?
Initially, they just commented on policies after decisions were made.
Now, they are increasingly proactive, offering analysis and recommendations for more substantial changes to government policy and law.
What is the overall aim of departmental select committees as recommended by the Liaison Committee in 2012?
The overall aim is to hold Ministers and Departments to account for their policy and decision-making and to support the House in controlling the supply of public money and scrutinizing legislation.
What is the strategy for departmental select committees in examining a department’s work?
Strategy: Examine the strategy of the department.
What do departmental select committees do when examining policy proposals?
Policy: Examine policy proposals of the department.
What is the role of departmental select committees regarding a department’s expenditure and performance?
Expenditure and performance: Scrutinize the department’s expenditure plans, outturn, and performance.
What is the role of departmental select committees in scrutinizing draft bills?
Draft bills: Conduct scrutiny of draft bills as part of pre-legislative scrutiny.
How do departmental select committees assist with bills and delegated legislation?
Bills and delegated legislation: Assist the House in its consideration of bills and delegated legislation.
What is the role of departmental select committees in post-legislative scrutiny?
Post-legislative scrutiny: Examine the implementation of legislation after it has been passed.
What is the role of departmental select committees in European scrutiny?
European scrutiny: Keep pace with policy developments in Europe.
What is the role of departmental select committees in scrutinizing appointments?
Appointments: Scrutinize appointments made by the department.
How do departmental select committees support the House?
Support for the House: Inform debates in the House.
How do departmental select committees ensure their work is accessible to the public?
Public engagement: Ensure their work is accessible to the public.
What is the role of the Public Accounts Committee in the House of Commons?
The Public Accounts Committee ensures that money is spent wisely and efficiently, with minimal waste.
What does the Women and Equalities Committee in the House of Commons focus on?
It focuses on matters concerning women and equality issues.
What does the Public Administration and Constitutional Affairs Committee in the House of Commons examine?
It looks at questions of good governance and the upholding of constitutional values.
What is the role of the Liaison Committee in the House of Commons?
The Liaison Committee, made up of Select Committee Chairs, oversees the overall work of select committees and ensures they function properly to scrutinize the government.
What does the Constitution Committee in the House of Lords examine?
It examines problems with the constitution and whether any reforms are required.
What is the purpose of the Delegated Powers and Regulatory Reform Committee in the House of Lords?
It scrutinizes delegated powers and regulatory reforms.
What is the role of the Science and Technology Committee in the House of Lords?
It examines issues related to science and technology.
What does the Economic Affairs Committee in the House of Lords focus on?
It focuses on economic affairs, including financial and economic policy.
What is the role of the Human Rights Joint Committee?
It ensures that the government’s work, including legislation, aligns with human rights law.
What does the National Security Strategy Committee do?
It examines and scrutinizes national security strategies.
What is the role of the Statutory Instruments Joint Committee?
It scrutinizes statutory instruments, which are laws made by ministers under powers granted by an Act of Parliament.
What powers do Select Committees have?
Select Committees do not have the power to make or present bills.
They can make recommendations, which are usually taken seriously by the government and civil society.
Powers include:
Sending for persons, papers, and records
Appointing specialist advisers
Reporting on matters of their own choosing
Meeting when the House is adjourned
Meeting away from Westminster
Appointing sub-committees
Exchanging papers and meeting concurrently with other committees
What does the power to “send for persons, papers, and records” mean for Select Committees?
Select Committees can request people to attend, ask questions, and demand papers or records, including official ones, for review.
This allows them to scrutinize government actions and decisions.
What are the limitations of Select Committees’ power to summon individuals?
Select Committees cannot summon Members of Parliament (MPs) or Ministers.
They cannot summon individuals from overseas unless within UK jurisdiction.
They usually issue informal invitations, and non-attendance can cause political embarrassment.
Can Select Committees compel the production of documents from Ministers?
Only the House of Commons can compel a Minister to produce a document.
Select Committees must convince the House to vote in favor of compelling a Minister to produce the document.
What is the role of Select Committees in informing public policy?
Select Committees play a crucial role in scrutinizing government actions and informing public policy, making recommendations that influence both government decisions and broader civil society.
What factors make measuring the effectiveness of Select Committees difficult?
Effectiveness varies from committee to committee.
Different committees have different roles, powers, and influence, making comparisons challenging.
How have government departments responded to the increased effectiveness of Select Committees?
Departments have become more responsive to Select Committees, either willingly because of the helpful input or unwillingly due to political pressure and respect for their authority.
What impact areas did Benton & Russell (2013) identify regarding the effectiveness of Select Committees?
Acceptance of committee recommendations
Influencing the policy debate
Spotlighting issues and altering policy priorities
Broking in policy disputes
Providing expert evidence
Holding government and outside bodies accountable
Exposing issues
Generating fear in government/ministries
What are the three new pillars of the constitution identified by Benton & Russell?
Delegated Powers and Regulatory Reform Committee - focuses on secondary legislation and provides guidance.
House of Lords Constitution Committee - important regarding the constitution of the UK.
Joint Committee on Human Rights (JCHR) - ensures that legislation aligns with human rights law.
What is the Health Select Committee an example of?
It is a good example of the effective working of a select committee, with its recommendations being implemented into primary legislation.
What committee is the Health Select Committee now known as?
The Health and Social Care Select Committee.
What significant role did the Health Select Committee play before the Health Act 2006?
The Committee initiated an inquiry into smoking in public places, raised health concerns, and helped organize the opposition for a partial ban on smoking indoors.
What actions did the Health Select Committee take in influencing the smoking ban?
Published a report titled “Smoking in Public Places.”
Influenced MPs’ views and lobbied behind the scenes for a free vote on the issue.
Persistently followed up on their report.
What was the outcome of the Health Select Committee’s work on smoking in public places?
It led to the implementation of the Health Act 2006, which banned smoking indoors in England. This is seen as a clear example of a select committee’s impact on primary legislation.
Where else had indoor smoking been banned before the Health Act 2006?
Indoor smoking had already been banned in Scotland and Wales before the Health Act 2006 was passed in England.
