Parliament 2 Flashcards
Functions of parliament
Legitimation Scrutiny Opposition / deliberation Accountability Representation Reserve power Financial control Questions to ministers Select committees Private members' legislation House of Lords
Example of a successful private members’ legislation
David Steel’s Abortion Act of 1967 - legalised abortion
Ways that MPs can hold the government to account
Forcing the government to justify their policies
Criticism of policies
Presentation of alternatives to the government’s proposals
Exposure of serious government mistakes
What are Reserve powers
Two powers that parliament rarely uses but nevertheless give it great authority.
The ability to veto government legislation
The ability to dismiss a government.
What are the specific Lord’s powers
Amending legislation - Proposed Lords amendments must be approved by the House of Commons, where the government dominates
Delaying legislation - (Parliament Act of 1949 states that if a bill is rejected in the Lords, it will automatically become law if the commons passes the same piece of legislation again the next year)
Reasons why the House of Lords is becoming more significant
Large government majorities (e.g 1997)
Reform gave HoL more authority
Relevant during the coalition
They protect Human Rights
Limitations of functions of parliament: Private members’ legislation
Government can easily reject bills and they often don’t gather enough support
Limitations of functions of parliament: Opposition / deliberation
Both houses lack enough time
Many MPs are whipped
Limitations of functions of parliament: Calling government to account
Collective responsibility makes it hard to scrutinise govt. decisions
Limitations of functions of parliament: Financial control
House of Lords has no jurisdiction at all
Limitations of functions of parliament: Representation
The electoral system makes the commons unrepresentative
House of Lords is unelected
Both houses are unrepresentative
Limitations of the House of Lords (Specific Lords’ power)
They can only delay an Act for one year
Proposed Lords’ amendments must be approved by the HoC, where the govt. dominates
Limitations of representation
Parliament is unrepresentative
Average MP has to represent 70,000
Limitations of scrutiny
Legislative committees are whipped and rarely defy the govt.
Limitations of legitimation
HoL os unelected so lacks authority
Limitations of reserve powers
MPs of governing party are unlikely to vote against govt. since they might lose their seats in an election
Arguments that the govt. dominates parl.
Govt. majorities Party unity PM patronage Whips Weakness of Lords
Arguments that the govt. doesn’t dominate parl.
Small majorities
No majority or coalition
Strength of Lords
Rebel Backbenchers
Arguments that the HoC is in greater need of reform
Unrepresentative
Lack of effective scrutiny
Executive dominates HoC
Arguments that the HoL is in greater need of reform
Unelected appointments controlled by PM
Lords not accountable
Reforms that have been made to the Commons
Elections (by mps) for members of departmental select committees
More powers to backbench MPs
Fixed Term Parliaments Act 2011
Recall of Mps Act
Reforms that have been made to the Lords
Removal of hereditary peers
Talented peers appointed
Ways the House of Lords has become more significant
Large govt. majorities - HoL’s duty to bolster parliamentary opposition
Since reform, members take their role more seriously
Not hereditary- more authority
Coalition - (unelected) HoL - second opposition
Human rights
Successes of Parliamentary reforms
Backbencher MPs have more controls (Backbench Business Committee)
Greater scrutiny of govt. depts (dept. select committees)
HoL modernised in 1999
Fixed term parliaments
Failures of parliamentary reforms
HoL still unrepresentative
GE voting system
What is a crossbencher
Members who have no party affiliation
Restrictions on the House of Lords
Can delay passages of bulls for only one year under Parliament Act of 1949
Has no power over financial arrangements under Parliament act of 1911
Salisbury convention
What are the next stages of HoL reform
Removal of the 92 hereditary peers
Elected second chamber
Arguments for a fully elected second chamber
More democratic
Will eliminate corrupt practices in relation to appointments
Democratic balance against power of govt,
If elected proportionally, smaller parties will be better represented
Arguments against a fully elected second chamber
It would mirror the commons and cause deadlock
Voter apathy
Powerful second chamber would lead to less decisive govt.
Arguments for a fully appointed second chamber
Opportunity to bring people into the political process who would not wish to stand for election
Membership can be controlled to all major parties could be represented
Bring more independents into the political process
Arguments against a fully appointed second chamber
Could put too much power into the hands of those responsible for appointing members
Undemocratic - not modern
Lacks legitimacy and public support since people have no say
Explain the backbench business committee
Independently of govt., can table debates on over 20 days in the parl. year. - debates are often triggered by e-petitions
Commons strengths
Ultimate power to remove a government from office
Can veto legislation
MPs can call ministers to account
Representation of constituencies and minority groups
Commons weaknesses
Governments normally have a majority
MPs have insufficient time and support to be able to call government effectively to account
MPs have a limited role in developing legislation
Commons is not socially representative
