Political Accountability Flashcards
what is the main example for political accountability
2009 Parliamentary Expenses Scandal
summarise what happened during the 2009 Parliamentary Expense Scandal
-Freedom of Information Act 2000 came into power in 2005
-this allowed journalists to submit requests to the Information Commissioner
-MPs tried to exempt themselves from Act but HoLords disagreed
-Information tribunal ruled to release info in Feb 2008
-documents leaked to Daily Telegraph 2009
-MPs exposed for using expenses for second homes and innapropriate claims
give 3 examples of people who stepped down due to the 2009 Parliamentary expense scandal
-House Speaker Michael Martin (first HS forced out of office by motion of no confidence since 1695)
-House Secretary Jackie Smith
-SoState for Communities and Local gov
how many cabinet and ministerial resignations occurred due to the 2009 Parliamentary Expenses scandal
-6 total cabinet and ministerial resignations
how many peers were suspended or asked to repay a certain amount due to the 2009 Parliamentary expense scandal
6 peers
how many MPs and peers recieved criminal charges due to the 2009 Parliamentary expense scandal
-8, most all of them served prison time
give 3 examples/explanations of MPs/peers who recieved criminal charges for the 2009 parliamentary expenses scandal
-David Chater argued in R v Chater that he was protected by parliamentary privilege, he did not and faced 18 months imprisonment
-Margaret Moran; false claims totalled over £53,000 faced 21 criminal charges
-Lord Harry Enfield; 9 month sentence and repaid full amount, allowed back in 2012, other false accounting scandals followed
give 3 examples of MPs/peers facing criminal charges due to teh 2009 parliamentary expense scandal
-David Chater
-Margaret Moran
-Lord Harry Enfield
explain David Chater in relation to the 2009 parliamentary expense scandal
-David Chater argued in R v Chater that he was protected by parliamentary privilege, he did not and faced 18 months imprisonment
explain Margaret Moran in relation to the 2009 Parliamentary expense scandal
-Margaret Moran; false claims totalled over £53,000 faced 21 criminal charges
explain Lord Henry Enfield in relation to the 2009 Parliamentary expense scandal
-Lord Harry Enfield; 9 month sentence and repaid full amount, allowed back in 2012, other false accounting scandals followed
give a history/background of the Freedom of Information Act 2000
-historically there was no such right in the UK until
-1991 Citizens Charter –> 1993 Open Gov’t White Paper–> 1997 White Paper –> FoI Act 2000
describe the scope of the Freedom of Information Act
-s.1 created a ‘new fundamental right to information’
-requests are made and answered within 20 working days
-lots of exemptions, especially in s.2
-low standard for exemptions eg prejudice
what happens if a request for info using FoI 2000 is refused
-may ask for an internal review
give a case where a decision challenged the release of information (?)
-Evans v AG
-Prince Charles letters to gov departments found
-UKSC case
who provides enforcement for the FoI 2000 Act
-Information Commissioners (who are also the first level of formal appeal for those denied info)
-then a Commissioner of Information Tribunal
-if appealed then sent ti High Court or Court of Session
-s.53 allows for ministerial veto so Commissioner does not have the last say (undemocratic of they did)
what does s.53 of the FoI 2000 do
-provides a ministerial veto that overrules commissioners’ decisions on releasing info
-prevelant in Evans v AG as the veto was ignored and court revealed info anyway
what does Hazel etc argue about FoI’s effectiveness in Does FoI Work, 2010
-gov openness and transparency has increased, other aspects (trust in gov) have not significantly increased
what does the Justice Committee Review (Commons 2012/13) argue about the effectiveness of FoI 2000
-favourably reported on the act calling it a ‘significant enhancement for our democracy’
-achieved primary focuses (transparency) but secondary focuses (trust) still struggling
-right to access public sector info= ‘major constitutional right’
-
gove 2 sources that evaluate the effectiveness of FoI 2000
-Hazel etc (Does FoI work?, 2010)
-Justice Committee review (Commons 2012/13)
what did Tony Blair argue about the FoI 2000
-despite his gov bringing the act into force, he regretted it
- primarily used by journalists
- argued matters of gov required frankness and some confidentiality to protect that frankness from being highlighted in certain ways by the media
give 7 types of accountability mechanisms
- Cabinet and Ministers
-financial interests of ministers
-ministerial code
-recall of MPs and Peers
-Political, legal and administrative accountability
explain the financial interests of ministers as an accountability mechanism for the cabinet and ministers
-ministers often make decisions that have significant financial implications
-MUST follow principle that they ensure no conflict arises between their private interests and their public duties
-interests now published on gov website and updated frequently
-gov publishes ministerial meetings with lobbyists
what are some measures taken to ensure that ministers adhere to the overriding principle regarding financial interest
-interests now published on gov website and updated frequently
-gov publishes ministerial meetings with lobbyists
what are the 3 name examples of the ministerial code as an accountability mechanism
-Boris Johnson (COVID parties, misled Commons and Privileges Committees + leaked report)
-Mark Garnier Junior Trade Minister (kept position)
-Priti Patel (2020 bullying and 2017 Israeli Holiday)
explain what happened with Boris Johnson and the ministerial code
-found to have deliberately misled the Commons and Privileges Committees about the COVID parties
-breacged confidence of Committee by leaking part of the report in advance
-90 day suspension from Parl and no ex-MP access to Parl
explain what happened to Junior Trade Minister Mark Garner in relation to the Ministerial Code
-formerly cleared of wrongdoing (asking assistant to buy a sex toy) before he was a minister
-kept position
-argued that investigations were unbalanced as you werent allowed to advocate on your own behalf
explain what happened with Priti Patel in regards to ministerial code
-BoJo backed her during bullying allegations in 2020
-independant investigation showed she did not consistently meet high standards required by MinCode
-caused resignation of investigator in protest
-previously resigned in 2017 for secret meetings with Israeli Cabinet
is the ministerial code enforceable
no
give 3 reasons why we should keep the ministerial code
-articulates the standards by which we expect ministers to behave
-many ministers forced to resign which shows it is effective eg BoJo, Liam Fox, Priti Patel
-press still covers breaches and features heavily in news eg Laura haigh for fraud
-public interested in it eg petition with over 50,000 signatures for an independant body to enforce it
what do wider accountability mechanisms concern
-recall of MPs and Peers
give the 2 acts for wider accountability methods
-Recall of MPs Act 2015
-House of Lords (Exclusions and Suspensions) Act 2015
explain how the Recall of MPs Act 2015 works
-NOT a general recall mechanism
-requires 1 of 3 thongs to happen for a petition to open
-THEN petition is open for signing for 6 weeks in MP’s constituency
-10% of constituency required to sign for MP to lose seat and by-election held (he can stand again with spending rules)
what are the 3 things that can trigger a petition to be opened by the Recall of MPs Act 2015
-MP is convicted of an offence and recieved a custodial sentence or ordered to be detained
-MP is barred from the Commons for 10 sitting days/ 14 calendar days
-MP is convicted of providing false/ misleading info for allowance claims under the Parliamentary Standards Act 2009
what % of the MPs consituency must sign the petition to trigger a by-election
10%
can an MP being recalled stand in the by-election
-yes with spending rules for a ‘regulated period’
how many MPs have been recalled with the Recall of MPs Act 2015
-6 so far
-only 1 has had the petition fail and remained in office
explain the House of Lords (Exclusions and Suspensions) Act 2015
-peers usually serve for life, not removed like MPs during elections
-enables a suspension to be imposed on a member that would run beyond the end of a Parliament
-would allow the HoLords to expel members for misconduct
-implemented through Lords’ Standing Orders
who was the first suspended Lord due to the HoL (Exclusions and Suspensions) Act 2015
-Lord Ahmed for sexual impropriety
-resigned 2020
what are the 3 types of accountability
-political
-legal
-administrative
explain political accountability
-most important type of accountability for democracy(?)
-elections= most common form of political accountability
-also eg ministerial responsibility, public inquiries, select committeees
-most people argue it is often too late and not immediate enough
give 4 examples of political accountability
-elections
-ministerial responsibility
-select committees
-public inquiries
explain legal accountability
-connectio to rule of law (anyone who’s rights were overridden/ interests affected can challenge gov)
-4 main principles:
-legality, procedural fairness, rationality, proportionality
-some limitations but can be legally binding for gov
what are the 4 main principles of legal accountability
-legality
-procedural fairness
-rationality
-proportionality
explain legality in relation to political accountability
-gov can only act within the scope of its powers
explain procedural fairness in relation to legal accountability
-gov must adopt fair decision-making process
explain rationality in relation to legal accountability
- gov decisions must be rational and reasonable
explain proportionality in relation to legal accountability
-infringements on human rights must be proportionate to the desired end
explain administratie accountability
-ensures that gov implements policy effectively and efficiently
-civil servants not subject to same political accounatbility as ministers
-other bodies contribute to overseeing gov actions eg National Audit Offices, Ombudsmen
give 4 positives emerged from the 2009 Parliamentary expense scandal
-that it came out at all was good
-those guilty recieved political and kegal sanctions
-most serious criminal offences were limited to a small group of Mps/peers
-produced more changes in Westminister
give 4 changes implemented due to the 2009 Parliamentary Expense Scandal
-Independant Parliamentary Stnadrads Authority
-Wright Committee (SC on the Reform of the HoCommons)
-Backbench Business Committee
-Public Interest Involvement
what was the Indpendant Parliamentary Standards Authority
-direct response to expenes scandal
-set up with Parliamentary Standards Act 2009
-took away the policing of expenses from the House Authorities and MPs themselves
- provided a number of administrative and regulatory functions
-had some early problems with MP criticism eg 2017 databreach
explain the recommendations made by the Wright Committee (SC on the Reform of the HoCommons)
-committee chairs became elected (weren’t before)
-establishment of Backbench Business Committee
-petitions should have a higher profile in parl
-emphasis on public engagement and a higher degree of public participation
were any of the Wright Committee’s recommendations impelemented
-Parl broke up before all recommendations could be acted on
-some implemented in Coalition
explain the Backbench Business committee
-scheduled 35 days of business for a given parliament
-membership chair and 7 members
-can hold gov accountable in diff ways than normal gov debate
-ANY back bencg member can submit a debate request
-CANNOT force gov to take action
explain public interest involvement
- public involvement in legislation where public could scrutinise bills
-arose from 2010 conservative manifesto
-petition system introduced with its own dedicated committee in Parl 10,000 for response, 100,000 for debate
what are select committees
-committees that ‘hold Ministers and departments to account for their policy and decison-making and support those in its control of the supply of public money and scrutiny of legislation’
-2012 Liason Committee
give 3 examples of things SCs look at in gov departments
-strategy
-policy
-draft bills
what powers do SCs have
-SC can only make recommendations
-Erskine May argue they have the powers to appoint specialist advisors, send for people, papers and records, and appoint sub-committees
explain the power Select Commitees have to send for people, papers and records
-generally issue an informal invitation to attend
-CANNOT summon MPs, Ministers or overseas nationals unless they are within jurisdiction of the UK
-SC can summon production of papers by private bodies/ individuals but only the House can compel ministers
explain sanctions by SCs
-have no direct power to enforce any of its existing powers
-enforcement powers remain with the house
- devolved SCs can impose fines and prison time on people eg Scotland
evaluate the effectiveness of SCs
-as committees become more effective, depts become more responsive to them and their recommendations
-definitely more prominent
-Benton and Russell (2013 Study) about 200 recommendations per year taken up by gov
-influence policy debates
-gov MUST respond to SC unlike journalists
-identified as 3 new pillars of the constitution
explain Benton and Russell (2013 Study)
about 200 recommendations per year taken up by gov
give the 3 new pillars of the constitution as select committees
-Delegated Powers and Regulatory Reform Committee
-House of Lords Constitution Committee
-Joint Committee on Human Rights/JCHR
what does the JCHR do
-scrutinising every gov bill for its compatibility with human rights eg ECHR (HRA 1998), common law fundamental rights and liberties
-scrutiny of remedial orders
-human rights treaty monitering
evaluate the effectiveness of teh JCHR
-a new type of guardian of legal values in the legislative process
-discussion and reference to JCHR work has inc parliamentary debate
-mainstreaming human rights in Parl
-sometimes they miss the mark
give an example of a JCHR inquiry
-JCHR: Enforcing Human Rights (2018
-concerned damage of legal aid reforms, importance of independant judiciary and legal profession
explain referendums and the UK constitution
-12 held in UK since 1973
-directly engages voters on the issues
-takes decisions out of hand if the political elites
-ensures a broad base of support for difficult decisions
-eg Brexit and Alternative Voting Referendum
give two examples of referendums that resulted in AoP
-Brexit - European Union Referendum Act
-Alternative Vote Referendum - Parliamentary Voting System and Constituencies Act 2011
