Parliament - FUNCTIONS Legitimation in the House of Commons Flashcards
Background to legitimation in the Commons
Original purpose? To provide consent to legitimise decisions made by the monarch.
Legitimacy proves that the authority for a decision/action is legal.
All government Bills require the consent of the Commons in addition to the Lords and Monarch.
Since 2005, the convention has been created that the Commons must debate and decide on any large-scale military action.
E.g., David Cameron’s proposed military action against Syria in 2013 was defeated in the Commons 285 votes to 272.
Legitimation
We, as citizens, can trust that the legislation passed has been through rigorous parliamentary process, and this creates legitimacy.
The legitimacy of the Commons has been put in question by the behaviour of its members.
The issues with Legitimation
- We do not have a codified constitution so it is UNCLEAR.
- 2017 - May triggered Clause 50 to begin Brexit negotiations without agreeing Parliament would have powers to legitimise. The agreement is an example of the lack of clarity.
- 2018 - May supported America in military action against Syria without Parliamentary consultation. Jeremy Corbyn labelled this as a flagrant disregard of the legitimation function.
- Royal prerogative? Ministers have powers to introduce secondary legislation without seeking Commons approval. This is done for regulations that do not represent or coincide with any new major laws.
Scandals affecting reputation of MPs and Parliament
THE EXPENSE SCANDAL 2009 - revealed the MPs abuse of the expenses system, claims included household appliances, invented salaries for family members, unnecessary second home payments, pornographic film.
Sir Peter Viggers, Tory MP, who included in his expenses a claim for a £1645 floating duck house in his garden pond.
2017 SEX SCANDALS - Stephen Crabb, the former Secretary of State for work and pensions was reported by the Daily Telegraph to have had sent sexually suggestive messages to a young woman he had interviewed for a position in his parliamentary office in October of 2017.
Anti Semitism in the Labour Party
2016 April - Labour MP Naz Shah (during the 2014 Israel and Gaza conflict) shared Israel’s geographic outline on a map of the US under a headline called solution for Israel-Palestine conflict, ‘relocate Israel into the US’, with the common problem solved.
Anti-Semitism has led to the resignation of peers and MPs.
How has reports of Anti-Semitism led to damaged legitimacy within the Labour Party?
October 2020 - Human Rights Watchdog found Labour to be responsible for harassment and discrimination during Jeremy Corbyn’s reign as leader.
The Equality and Human Rights Commission found inadequate leadership and process of handling complaints.
The Commission served an ‘unlawful act notice’ and they have to produce an action plan otherwise it will legally be imposed on them via the courts
Who is Luciana Berger?
She was a Labour MP who was a target for anti-Semitic abuse and death threats, in February 2019, 9 MPs quit Labour, many of them citing the leadership’s failure of handling the anti-Semitic complaints as their reason for leaving. She joined the Lib Dems along with another 3 but failed to get elected in the 2019 General Election.
Jeremy Corbyn’s suspension
Suspended 30th October 2020
May 2019 - bodies that control human rights and equalities in the UK launched an investigation into the handling of the complaints. Equality and Human Rights Commission.
What were the three breaches of Human rights?
Political interference in the complains, harassment, anti-Semitic tropes and complaints of anti-Semitism dismissed as fears/trivial.
18 cases of unlawful harassment found.
What is the Party Whip?
MPs who sit in the Commons on behalf of a party are given the Party Whip, where they are allowed to represent their chosen party and stand in elections - having the whip taken away is a serious punishment, they cannot run for the party in the next election, whilst they are allowed to keep their seat, they are an independent MP
Legislation
How does the government have power over the process of legislation?
Big Parliamentary Majority = relies on the loyalty of the MPs to vote for the bill.
Public Bill Committees’ composition ends up being proportionate to the strength of the parties in the commons
Legislation
How does expecting MPs to vote in line with their whips mean that crappy legislation is put in place?
The Crime and Disorder Act 1998 created the ASBOs but it was so vague - any conduct that ‘cause alarm, harassment or distress’ meant that it could be used to punish people for pursuits such as excessive singing.
MP rebellion against legislation
The biggest Parliamentary defeat ever suffered
Jan 2019, May’s government was defeated by 432 votes to 202 on the Brexit deal… 230 vote defeat.
it was also defeated two times following that, in March 2019.
