Parliament and its functions Flashcards
House of Commons: Accountability
Crucial as the public cannot continuously grant consent (only at GE), so the Commons calls the govt accountable:
1) Criticism of Govt = PMQs or other occasions.
2) Forcing Govt to justify policies.
3) Select Committees (Public Account Committees) = members investigate the effectiveness and quality of Govt - offers alternatives (e.g Liason Committee criticised Sunak on economic issues and migrant crisis).
4) Refusing to pass legislation = rare, but forces the Govt to reconsider their proposals.
5) Passing votes of no confidence = if it happens twice, the Govt resigns and it triggers an election.
House of Commons: Representation of Interest
- MPs pursue the interests of a section of society and cause, including their constituents’ concerns.
- Could be because of their background before being MPs. For example, supporting trade unions of their former workmates and industries.
- Recruited by pressure groups (Country Alliance) to give exposure and campaigners are encouraged to write to MPs to further their support.
- MPs organise themselves into groups, pursuing their interest and cause - includes sex equality, race and Islamophobia. It typically transcends party allegiance and aims to exert pressure on the govt with varying levels of success.
House of Commons: Legitimation
- Critical process of passing legislation and approving public finances.
Passing legislation:
- Govt passes laws, not Parliament, as they are elected with a mandate to carry out its manifesto plans.
- Parliament legitimises its laws (strengthens Govt), securing public consent as it would otherwise lack democracy.
Public finances:
- Approves taxation and expenditure - a modernised system than seeking monarch approval.
- Occurs every Spring and Summer, after announcing the Annual Budget = rare obstruction but formality needed.
Functions of Commons: National Debate
- National issues (foreign policy, use of armed forces and signing national treaties) are greater than party politics.
- Typically, if important constitutional reform (Brexit) is proposed, they use a referendum to place the electorate as the final decision makers to exercise direct democracy.
- If referendums aren’t appropriate, parliament is called to a debate to exercise national will = seen as the best, removing party allegiance, with powerful speeches to finalise choices.
- Since 2003, PM has allowed parliamentary debate large-scale military commitments - Cameron proposed in 2013 military strikes against Syria but this didn’t happen after a debate.
Function of Commons: Scrutinity
- Shared almost equally with the Lords.
- All backbench MPs are required to serve on legislative committees, examine proposed legislation and suggest improvements (especially to protect minority interest). However, they don’t have the power to reject, only the Commons as a whole.
- Weak aspect of work - dominated by govt. They rarely ammend legislation w/o govt approval, but it isn’t an illusory function as proposals are, on some occasions, accepted.
- ISSUE = the 2020 Coronavirus Act was passed quickly and lacked effective scrutinity, gave police extensive powers to break up demonstrations (2020 Sarah Everard vigil).
Functions of Commons: Legislating
- Formal procedures to pass laws - ensures legislation is acceptable for both Houses and an opportunity to suggest amendments.
- Occasionally, backbench MPs develop their own legislation called ‘private member legislation’ = unlikely to pass (Govt can suppress/or support) but still present their bill.
Functions of the Commons: Constituency representation
- Neutral role - takes care of their constituents, regardless of who they voted for.
- Involve lobbying a minister when a department proposes an unpopular idea.
- Raising an issue in the Commons (publicity and joining local campaigns).
- Constituent’s interests may counter govt policy - EXAMPLE = Conservative Govt supports fracking but the constituents feel threatened and abandon loyalty.
- May approach MPs for help when in dispute with a public body (HMRC over tax).
- Holds ‘surgies’ - brings issues to MP - must support them (readdressing grievances)
Functions of the Lords:
Scrutinising and revising legislation
- Doesn’t technically legitimise, but they scrutinise proposed legislation before coming into law.
- Other than debates, scrutinises through a ‘Committee Stage’ of a Bill: adding clauses to protect vulnerable minorities, clarifying vague and inefficient sections but can be rejected by the Commons.
- EXAMPLE = Agriculture Bill in 2020 was considered by the Lords for 96 hours compared with 32 hours.
- EXAMPLE = in 2023, HOL added an amendment to the Energy Bill to ensure that there was a regard for govt’s net zero targets.
- Cannot interfere with financial arrangements and the Salisbury Convention prevents them from obstructing any proposals from the govt’s manifesto (lacks democratic legitimacy - unelected).
- Beneficial as peers are often experts in their field, representing society’s interests and causes.
Examples of Peers being experts in their field
- In the 2011 Lords debate on Libya, many of the speakers had extensive international experience, including three former defence chiefs and a former NATO secretary general.
How many Bills did the House of Lords scrutinise in the 2013-2014 Parliamentary session?
Considered 62 bills and made 1,688 amendments.
Functions of the Lords: Delaying legislation
Reduced from 2 to 1 year in 1999. They ask the govt to reconsider any proposed legislation, but the govt reserves the right to bypass it - resulting in a ‘ping-pong of politics’ with the Lords losing.
Delaying Lords - War Powers Act 1991
The Government is able to prosecute war criminals, even if committed outside the UK.
Delaying Lords - European Parliamentary Election Act 2000
New closed list system for elections to European Parliament.
Delaying Lords - Sexual Offenses Ammendment Act 2000
Lowers the age of consent for a young gay man.
Functions of the Lords: National Debate
- Occassionally holds debates on critical issues, specialising in moral or ethical issues.
- Includes: assisted suicide, control of pornography, treatment of asylum seekers and refugees, stem cell research and use of genetically modified crops.
- Doesn’t usually result in decisions but rather to inform the decision makers.
- 2018 = Lord Steel proposed a debate on killing of Palenstines in the Gaza strip by Israeli forces - raises profile of issues.
