Parliament essay plans Flashcards
How is legislation the most important function of parliament
- HoC in creating legislation to affect future of country
- HoL in providing expert analysis/experience to amend legislation
How does the HoL provide analysis/experience to amend legislation
o We have nearly 90 lawyers in the House of Commons, but only one research scientist. Whereas, currently in the House of Lords, there are people from a wider variety of careers: (past and present) the zoologist John Krebs chairs the Lords’ Science and Technology Committee, Lord Patel is a former president of the Royal College of Obstetricians and Lord Walton is a former president of the British Medical Association, and of course there is Lord Sugar in business. Using
How does parliament scrutinise?
- Questions to ministers for written or oral answers, pmqs as well
- select committees which shadow individual govt depts
- Debates (i.e 2013 w. votes & debat to take military action in Syria)
- 2010 creation of Backbench Business Committee
How is representing the electorate the most importnt function of Parliament?
o Commons representative function as elected house. MPs as trustees not delegates. FPTP ensures strong link to constituents and expected to respond to issues raised by them e.g. in surgeries. Or, how 44 of the MPs who voted against plans for HS2 in 2016 represented constituencies that were to be affected by the planned route. Most important in fulfilling will of the electorate and representing different areas of them
How does Parliament represent the electorate effectively?
- FPTP ensures strong link between MP and constituents
- Surgeries and responces to individual constituents to ensure issues are voiced
- HoL/HOC from variety of backgrounds
- MPs able to make representations to collegues in gov’t is they make it clear they act towards constituents representatives
How is HoC very representative?
Most Women ever (220) - Majority of Labour/Lib dem are women
1 out of 10 are non white atm - only 40 mps were non white 10 years ago
bare gay mps as well
First Kurdish MP, etc
How is HoC under representative?
Indepdenent schoosl over representatives
4/5 tory mps
1/5 went to Oxford/Cambridge
18.1% of UK is non-white - 1/10
- MPs able to make representations to colleagues in govt if they make clear they are acting as their constituents’ representative
Greg Hands quits as minister over Heathrow expansion
How is parliament ineffective at rperesentation
- Confict with Party patronage/whip system
- Failure in diversity representation
- FPTP enables victory without having a majority
- HoL unelected
Representation coming into conflict with party patronage/whip system
o March 2019, vote on ‘taking no deal off the table’; Conservative 3-line whip to vote against it, though arguably no-deal to be not beneficial to constituents (wiping 9.3% off economy) – Amber Rudd and others abstained (leading to calls from Mogg for them to resign/be sacked). Patronage problem too: May accused of giving peerage to Eurosceptic John Hayes to ‘win’ his vote for her deal. Overall, these conflicts of interest prevent effective representation
- FPTP enables victory without having a majority – so unrepresentative of desires of areas/country at large
o Particularly prevalent in the 2005 election, when Labour secured a majority of the seats in the House of Commons with only 35.2% of the total vote. On an individual level, MP Alaistair Mcdonnel, in the 2015 general election, became the MP for his constituency on 24.5% of the vote.
- HoL unelected
o Still 92 hereditary peers, and entirety of Lords is unelected; totally undemocratic and not in keeping with other modern western democracies
The average age of Members is 70
What are functions of Parliament?
- Representation
- Legislation
- Scrutiny of Gov’t
How is Parliament effective in scrutiny of Gov’t?
- Select committees
- PMQ power
- HoL scrutiny
How have select committtes done good scrutiny of gov’t?
o Between 1997 and 2010 select committees probably produced almost 1500 inquiry reports (or 110 a year) and almost 40,000 recommendations and conclusions, of which 19,000 (or 1450 a year) were aimed at central government. A UCL report in 2011 found that Select Committees improve ‘the quality of government decision-making through accountability, exposing failures, and perhaps most importantly ‘generating fear’.’ They scrutinise government and recently have got more powerful, esp. after 2010 with the Wright Committee reform, so Parliament has become more independent and able to scrutinise government, reducing government control over it.
HoL SCRUTNY
o HoL scrutiny: in 2016/17 the HoL examined 84 Bills, 33 became law, they considered 5185 changes, made 2270 changes to bills, 698 members spoke in debates, 185 put forward proposed changes to bills, 172 oral questions to government were asked, alongside 549 written questions and 7380 overall questions to government.
How has HoC done up good legislation?
o Only HoC gives consent to taxation. Mostly reacting to measures put forward by executive rather than developing own legislative proposals, unless with solid opposition/rebels e.g. defeat of Cameron in 2016 on plans to extend Sunday trading when Labour and SNP joined with Conservative dissidents. Affecting future of country. So success in considering govt legislation; recently success in coalition stability
How is scrutiny of gov’t still v limited?
o Control agenda: Shadow leader of the HoC in 2017 Valerie Vaz debated, complaining that: ‘The Government have not provided for an Opposition day before the summer recess, making the earliest Opposition day in September 2017. This means a staggering eight months—nearly as long as it takes to have a baby—without a single Opposition day, denying vital scrutiny of Government business’. Government, to an extent, have control over schedule and can manipulate this to suit agendas and prevent scrutiny and control Parliament.
How limited are select committee powers?
o Limits to PMQ/SC power: The limit of the Committees can be seen in the nature of the suggestions. Only around 20% of recommendations related to flagship policies. Around 40% called for a small policy change or continuation of existing policy and whilst around 40% of recommendations are accepted by government, a similar proportion go on to be implemented. Therefore only 16% of proposals are implemented. Calls for small policy changes are more likely to be accepted and implemented. Therefore, the impact of Select Committees is more minimal than at surface value, especially seeing as their decisions are not legally binding, so Parliament can choose to only accept minor, insignificant suggestions.
How has parliament failed it legislative role?
o ‘elective dictatorship’ allowing executive dominance; ability of government to push through legislation with argument of overriding necessity, for example 2005 Prevention of Terrorism Act introducing control orders, completed all stages in 18 days; can lead to poorly drafted legislation like 1991 Dangerous Dogs Act, which targeted certain breeds rather than irresponsible owners; 25 years later, 30 deaths in that period, 21 involved breeds not specified in the act
How has the HoL gained increased importance?
- Increased legitimacy makes it more incluned to challenge gov’t
- Traditional dominance of House by tories, ended, ensuring better scrutiny
- Increased role of cross-bench peers
- Higher likelihood of coalitions/minority gov’ts threatening sailsbury convention
- Greater sense of legitimacy makes more inclined to challenge govt
o Removal of hereditary peers under Blair in 1999, making HoL have greater sense of legitimacy; removal of these hereditary peers also meant life peers play a greater role (whilst hereditary peers rarely appeared at Westminster). So now reformed house more inclined to challenge the government; e.g., 1979-97, Government faced 241 defeats in HoL, whilst from 1997-2010, it was 528. For example, in April 2018 HoL defeated the government in a key Brexit vote, demanding that ministers take steps to negotiate a new customs union with the EU.
- Traditional dominance of house by Conservatives ended, ensuring a better scrutinising HoL
o Prior to Blair’s reforms of HoL, Conservative Party dominance of it; in 1945 just over half the Lords’ membership was Conservative. By 2012 parties more evenly represented; Labour largest single party with just under 30% of the membership. 2019, Conservatives occupy 254/805 seats. Liberal Democrats have 102. This wider variety of parties ensured greater scrutiny and an increasingly important role; can be seen in rise of no. of Lib Dems who then opposed Blair’s proposals for identity cards in advance, saying Salisbury convention no longer applied as govt re-elected on very low share of popular vote
- Increasing role of cross-bench peers
o Currently, 178 cross-bench peers who play a more important role in holding govt to account; neutral so more likely to assess bill on merits, e.g. Lord Owen, former doctor, leading role in opposing coalition Health and Social Care Bill; passed 2012 after govt accepted all amendments proposed by Lords
- Higher likelihood of coalitions/minority govts threatening Salisbury Convention
o During 2010-15 coalition, doubts whether Salisbury convention applied because voters had never voted on a joint conservative/Lib Dem manifesto; further problems with May’s minority govt. Both scenarios increasingly likely given greater polarisation and increasing role of smaller parties
How is HoL still limited in its importance?
- Lords tends to drop opposition after making its point, recognising it lacks democratic legitimacy
- Doesn’t have power to veto money bills/can only delay non-money for one year now
- Government can use majority to overturn Lords amendments if it wants to
- Govt can even use Parliament Act to force bill through upper house
- Lords tends to drop opposition after making its point, recognising it lacks democratic legitimacy
o E.g. Cameron govts plan for cuts to tax credits in 2015: Lords voted to delay the cuts and compensate those affected. Because the changes incorporated into a ‘statutory instrument’ rather than primary legislation, Lords were theoretically able to reject it; but peers showed restraint in not choosing to support Lib Dem motion to block changes completely. Recognition of lack of democratic legitimacy – after parliamentary ping pong, Lords backs down.
- Doesn’t have power to veto money bills/can only delay non-money for one year now
o Following 1911/1949 Parliament Acts, can’t veto money bills, and can now only delay non-money bills for 1 year (following rejection of DL George’s radical tax-raising ‘People’s Budget’); this limitation has consistently remained the same
- Government can use majority to overturn Lords amendments if it wants to
Internal Market Bill
Northern Ireland Protocol clauses removed included many tory peers- overidden by parliament
- Govt can even use Parliament Act to force bill through upper house
o E.g. used as last resort; 3 times by Blair, to change voting system for European Parliament elections 1999, equalise age of consent for gay/hetero 2000, banning hunting with dogs 2004
How is the HoC more powerful than the HoL
Commons power with ‘confidence and supply’ enabling agreement to keep parties in office e.g. May with DUP, or Callaghan 1977-8 ‘Lib-Lab’ pact
These exclusive powers contrast HoL which has legal restraints following Parliament Acts 1911 and 1949 (see above).
Lords also ltd by 1945 Salisbury Convention (won’t reject policies inc. in winning party’s manifesto (b/c new Lab. Govt coming in had radical reforming programme). Thus, Lords mainly a revising chamber for amendments
What exclusive powers does the HoC have over the HoL?
to give consent to taxation and public expenditure, whilst Lords can’t interfere with money bills (hence Chancellor of Exchequer sits in HoC
