Politics Paper 2 evidence bank

Question 1

Sources of the Constitution: Statute Law

Answer 1

Parliament Act 1911- Removed the HoL’s right to veto
Representation of the Peoples Act 1928, also known as the Equal Franchise Act
Scotland Act 1998, created the devolved Scottish government and executive with tax varying powers (one of the most significant constitutional pieces of legislation to be passed by the UK government)

Question 2

Sources of the Constitution: Conventions

Answer 2

Salisbury Convention- HoL won’t oppose legislation stated in the winning party’s manifesto
Collective Ministerial Responsibility- constitutional convention within parliament systems that members of the cabinet must publicly support all government decisions even if they privately disagree with them, if a cabinet member wishes to openly object to a cabinet decision than they are obliged to resign from their position in cabinet
Allowing for the House to vote on deploying military troops (example of Royal Prerogative powers)

Question 3

Examples of the HRA protecting citizens rights:

Answer 3

Article 8 of the ECHR (right to family life) used in AA V Secretary of State for Home Department (2022)- allowed convicted Nigerian Drug Dealer to remain in the UK due to British girlfriend and child

MS (Pakistan) V Secretary State for Home Department (2020)- SC ruled that the government has a duty to protect victims of human trafficking

ZXC V Bloomberg (2022)- ruled that Bloomberg had wrongly released an article about a business who was under suspicion of criminal activity (protecting individual rights over collective rights), the SC upheld the concept of ‘private life’

In 2018 the SC declared the 2005 Civil Partnership Act incompatible with the HRA, because it excluded heterosexual couples- government changed the law in 2019 accordingly

Question 4

Devolution:

Answer 4

1997 referendums in Wales and Scotland
1998 Good Friday Agreement
2004 North East rejected a regional assembly by 78% in devolution referendum
1998 London voted in favour of a Greater London Mayor and assembly
2000 Local Government Act- allowed for the Local authorities to offer referendums over elected mayors
Scotland Act 2016 ‘devo-max’ powers were granted
2020 Internal Market Act- restricts the authority of the Scottish and Welsh Parliament (restricts their ability to make different economic and social choices to Westminster- maintains the idea of a Unitary Constitution)

Question 5

Devolution: Scotland

Answer 5

1997 Scottish Referendum over devolution, 74.3% said yes to devolution and turnout was 60.1%
Scotland Act 1998 established the Scottish Parliament and granted several legislative powers to the Parliament- e.g local government, housing, environment, law and order, education, health and varying income tax
Scotland’s Freedom of Information Act 2002- grants scottish citizens the right of scrutiny over public bodies
Scotland offer free tuition for Scottish residents
Act also states that Westminster reserves the powers over foreign policy, defence, immigration and monetary policy- if Scotland had these it would become a nation state
Scottish Parliament Act 2016- vary income tax by up to 10p of the £1, determine abortion laws, determining speed limits, right to receive 50% of VAT gathered in Scotland
Act states that the Scottish Parliament is permanent and can only be abolished by a referendum
In 2016 52% of Scotland voted to remain, turnout= 84.6%
In 2015 General Election the SNP won 56 seats (50%) , and the Conservatives won 1 seat
In the 2017 General Election the SNP won 35 seats and the Conservatives won 13
2022 the SC ruled that the Scottish government needs the approval of Westminster to hold a second independence referendum
2023- Sunak blocked Scotland’s 2022 Gender Recognition Act using Article 35 of the 1998 Scotland Act because the act had potential consequences on how the law would operate in reserved areas (particularly equality opportunities law and the Equality Act 2010)

Question 6

Devolution: Wales

Answer 6

1997, 50.3% said yes to devolution with a 50.2% turnout
Plaid Cymru in 1997 had 4 seats and in 2017 had 4 seats
1997 Wales were given administrative powers
Government of Wales Act 2006- recognised the importance of the executive by separating it from the legislature, gave Wales limited legislative powers
Referendum to be held on whether Wales should be allowed further devolved powers
2011 Devolved Powers referendum- 63.5% said they wanted an assembly that has the power to make primary legislative decisions, on a turnout of 35.4%
Wales Act 2014- control over a number of taxes and changed welsh assembly to the welsh government, given partial control of income tax without referendum
The Wales Act 2017- gave Wales the right to vary income tax by 10p to the £1, legislative powers over electoral arrangements, transport and energy. Welsh government now permanent part of the UK’s constitution

Question 7

Devolution: Northern Ireland

Answer 7

Northern Ireland given its own Parliament in 1922 due to partition, lasted until 1972 when violence esculated under Heath
Good Friday Agreement 1998- power sharing assembly to represent unionists and nationalists
Devolution in Northern Ireland is inseparable from peace process
STV used to give Northern Ireland choice and make it harder for one party to dominate
Executive- leader = the leader of the largest party, deputy = leader of the second largest party
The assembly has been granted legislative powers on Education, policy, housing and transport etc
2002-2007 the assembly was suspended due to conflict
2007 was reopened following an agreement between the DUP and Sinn Fein
2017, the assembly was suspended and direct rule imposed by Westminster
2022, the assembly was suspended again after DUP resigned in protest of the Northern Ireland protocol
May 2022 Sinn Fein voted the latest party for the first time- Michaell O’Neil- first ever nationalist minster
May 2023 Sinn Fein largest party in local elections- 31.2% of seats

Question 8

House of Commons random evidence :

Answer 8

92% of Bills passed in 2019-21 were government bills
Only 1% of amendments suggested from opposition were accepted in Public Bill Committees
Over 500 statutory instruments were used during the Covid Pandemic to make amendments
2020 CoronaVirus Act was passed quickly and lacked efficient scrutiny- gave police extensive powers to break up demonstrations- e.g the 2020 Sara Everard Vigil
Since 2003 Iraq War- PM has allowed parliament to debate large scale military commitments
2013 Cameron proposed military strikes against Syria but did not happen after a parliamentary vote/debate
2018 May joined American led Syrian air strikes without the approval of Parliament
January 2019 May’s government was defeated by 432 vote on the Brexit deal offered to parliament
2019 Speaker John Bercow stood up against the executive when he stopped May from re-introducing her un-amended Brexit deal to the HoC
Government accepted 40% of recommendations from select committees
Julian Lewis criticised Johnson’s brexit policy after being elected as the chair of the parliamentary intelligence committee, he had the whip removed
2021 Johnson faced a rebellion of 98 conservative MPs voting against covid passes
2018- 8 conservative MPs voted against Heathrow expansion and defied the three lined whip as they were representing the interests of their constituents
March 2023 Sunak was grilled by the Liaison Committee on: Economic Issues, Migrant crisis and Windsor framework (on post brexit trade rules)
2019 Johnson avoided meeting with the Liaison committee so that he could concentrate on ‘delivering brexit’ - avoided meeting them 3 times
Parliamentary Backbench Business Committee- controls agenda 35 days a year
1922 committee= conservatve backbenchers, 18 member committee chaired by Graham Brady

Question 9

House of Lords:

Answer 9

2018 Lord Steel proposed a debate on the killing of Palestines in Gaza Strip by Israeli forces- raised profile on these issues
2008- clauses in counter terrorism bill to enable terrorist suspects to be held for 42 days without trial was decisively defeated in the HoL
The way that the HoL voted in favour of a number of amendments to the EU withdrawal bill was especially important in focusing May’s government on a softer brexit
The HoL defeated the government 450 times between 1997-2010
HoL repeatedly advocated against compulsory ID cards- delayed and then scrapped under the 2010 coalition
2023 the Lords amended several parts of the strikes bill- e.g removed the clause that removes protection of unions if they do not take reasonable measures to comply with work notices
2023- the Lords opposed Retained EU law bill
2023 the HoL added an amendment to the Energy Bill to ensure that there is a regard for the government’s net 0 target
(this does not mean that these amendments will be accepted)

Question 10

PM and the Executive (ministerial responisbility):

Answer 10

Ministerial Responsibility:
Failures of department etc: 2018 Windrush scandal Amber Rudd resigns, Estelle Morris 2002, education, resigning after literacy and numeracy targets were not met
Priti Patel resigns as International Development Secretary in November 2017 on having unauthorised meetings with Israeli Politicians
In 2022 Suella Braverman resigned from breaching the ministerial code by sending a senior and sensitive official document from her personal email account- reappointed 6 days later by Sunak
2021 Matt Hancock resigned after breaching covid rules in a scandalous affair, after uprising demanding he resign
Collective Ministerial Responsibility:
Strained by the coalition government- 2010 meant over certain issues the cabinet were allowed to disagree due to different manifestos (CMR was suspended over certain issues)
Because trident renewal and construction of new nuclear power stations were not in the coalition agreement CMR did not apply
Allowed Cameron to campaign against AV in 2011, calling it ‘undemocratic’
2016 EU referendum strained CMR due to the extent of disunity within the party, CMR had to be suspended to allow MPs to campaign on the remain and leave sides of the argument

Question 11

Cabinet:

Answer 11

May appointed Johnson to her cabinet in order to bound him by CMR
May had to balance the cabinet with remain/leave supporters to ensure unity- appointed Amber Rudd (remain) and Johnson and Davies (leave)
Sunak had to appoint Hunt as Chancellor due to his economic expertise
Sunak had to appoint Braverman to the cabinet to appease the right wing of the party
2010 Cameron had to give up 5 places in the cabinet to the LibDems
In 2018 Hunt refused May’s attempt to demote him from the Department of Health and actually allowed him to expand his role to Health and Social Care Secretary
1997 Blair’s 179 seat majority meant that the cabinet was irrelevant ‘they’ll agree’
Blair introduced: PM’s strategy Unit and PM’s delivery Unit- challenged autonomy of cabinet ministers by setting department targets and monitoring their performances (Cameron abolished these roles)
Blair also introduced the Press Office under Allistar Campbell, he became prominent in government ensuring that Downing Street had more control over how many news stories were presented and responded to
May did not consult cabinet over 2018 Syria Air strikes

Question 12

PM:

Answer 12

Cameron had to lose 5 seats in cabinet and accept an AV referendum in 2011 due to the coalition
Cameron’s resignation in 2016 demonstrates how PM’s cannot always control events
Failed to persuade parliament to support bombing president assad in 2013
Cameron associated same sex marriage with himself- not the cabinet
Blair: 2003 Iraq War took the case to public not cabinet and failed to advise the cabinet, before cabinet had even met Blair and Brown had decided to give interest raising powers to the Bank of England

Question 13

The Supreme Court:

Answer 13

2023 only two female justices in the SC, Lady Rose and Lady Simler (who joined Nov 2023)
Constitutional reform act 2005
David Blunkett Home Secretary (2001-2004) criticised the SC for stopping him limiting the rights of asylum seekers
AA v Secretary of State (2022) ruling
ZXC V Bloomberg (2022) ruling
MS (Pakistan) v SoS (2020) ruling
2017 Gina Miller case- ruled in favour of Parliamentary sovereignty by ruling that May could not leave the EU with prerogative powers but needed the consent of parliament
2018 declared civil partnership act incompatible with HRA
2016- ruled that Chris Grayling had acted in ultra vires when using secondary legislation to amend the legal aid act

Question 14

Executive and Parliament:

Answer 14

Thatcher in 1983 won the Falklands war and then increased her parliamentary majority to 144- neither Michael Foot or Neil Kinnock was able to effectively challenge her policies in the Commons
1997 Labour landslide victory of 179 meant that Blair was able to pass significant constitutional reform
2010-2015 meant that Cameron could survive even a significant backbench rebellion
2005-2010 Blair’s influence was in decline due to controversies surrounding the 2003 Iraq War
2004 Blair’s majority was reduced to 66 seats and he won with the support of just 35.2% of the electorate- as a result backbenchers became less loyal and Blair lost his first vote in 2005 over increasing the detention for terrorist suspects to 30 days
2019 May called a snap election- ended up losing her majority and had to rely on support from the DUP (supply and confidence agreement)

Question 15

Constitution:

Answer 15

UK constitution remains unitary despite devolution:

The Scotland Act was used in 2023 to block the Gender Recognition Act passed in the Scottish Parliament.

Question 16

Parliament Representation:

Answer 16

222 MPs (34%) are women in the House of Commons; 222 peers (28%) in the House of Lords
10% of MPs in the House of Commons are of BAME background; 6% of peers in the House of Lords
56 MPs (9%) are LGB* in the House of Commons

Question 17

Party Whips:

Answer 17

removing party whip following a 3 line whip: Boris Johnson did this to 21 Conservative MPs who opposed his EU withdrawal Bill in 2019. Including senior figure Rory Stewart

Protracted debates on a third runway for Heathrow, led to resignations. In 2016 Zac Goldsmith resigned as a Conservative MP over the issue, and in 2018 Greg Hands resigned from the government. The Brexit debates resulted in eight MPs resigning from the Labour Party, and three from the Conservative Party. They formed a new party, the Independent Group for Change.

Question 18

Private Members Bills:

Answer 18

From 2016-17, 25 out of 28 government bills that were introduced managed to gain royal assent, however only 8 out of 163 PMBs succeeded in the same way.

Discussing proposed government bills takes up over 1/3 of the commons time in any parliamentary session. The discussion of PMBs takes up less than 5% of the time.

Wendy Chamberlain (Liberal Democrat) = Carer’s Leave Act (2023): provides employment rights for those who juggle unpaid caring responsibilities with paid employment.

Wera Hobhouse (Liberal Democrat) = Worker Protection Act (2023): prevent sexual harassment in the workplace and drive a culture change (substantially watered down by Lords to avoid exposing employers to costly lawsuits)

Question 19

Select Committees: pt1

Answer 19

In 2016, when the department for Exiting the European Union was established by Theresa May, the chairman, Hilary Benn MP and the committee had the opportunity to question ministers on the impact of many different scenarios that could take place due to our departure. This helped the government decide what kind of exit would be the most beneficial for the country, and also plan for every outcome to ensure whatever happens, there are as few limitations as possible.

Frank Field was elected to become the head of the Work and Pensions Committee in 2015 and was re-elected in 2017. He has had years of experience, having been a politician since 1979, and had spent much of his career looking at issues concerning welfare and poverty. He was one of the only Labour supporters of Brexit and was well known for being rather straight talking. This confrontational nature is helpful, especially when pushing the government for answers and holding them accountable.

Studies from 2015 have estimated that 30-40% of committee recommendations end up as government policy.

Question 20

Select Committees: pt2

Answer 20

The turnover of members within committees can damage the effectiveness of it. There was an 83% turnover during the 2010-2015 period in the Defense Committee. Replacements for these people might not be as informed or motivated as their predecessors.

The Exiting the EU committee that is chaired by Labor’s Hilary Benn is testing cross-party cohesion. In May of 2018, Conservative committee members John Whittingdale, Andrea Jenkyns and Jacob Rees-Mogg publicly criticised the committee for being too pro-remain. According to Jenkyns only 7 of the 21 committee members voted leave.

The committee invited Amber Rudd to give evidence for its inquiry into the Windrush Scandal. In her interview, she denied that the Home Office had targets for deportation of Illegal Immigrants. Leaked emails after this inquiry revealed that there were targets that Rudd was very much aware of. After this, she resigned from her post and took full responsibility.

Question 21

Select Committees: pt3

Answer 21

Carrie Gracie was the editor for BBC China until 2018, where she resigned over gender pay equality. She was interviewed by the culture, media and sport select committee that month and the enquiry into BBC pay is ongoing. This case stands as an example of the responsiveness of select committees to current issues.

In June 2023, the Commons Privileges Committee found that PM Boris Johnson knowingly misled Parliament over Partygate; recommended his suspension. Johnson quickly resigned as MP rather than risk a recall petition. Police investigations and fines over Partygate are ongoing.

Public Account Committees: (responsible for overseeing government expenditure)- March 2024 report into the levelling up department found that, of £10.47bn in total funding from central government, which must be spent between 2020-21 and 2025-26, local authorities have been able to spend only £1.24bn from the Government’s three funds as of Sept 2023. Furthermore, only £3.7bn had been given to local authorities out of the total allocation by the Department for Levelling Up, Housing and Communities (DLUHC) by December 2023

Question 22

Scrutiny, questions: MPs (Daisy Cooper)

Answer 22

12th April 2024: Question for the Department of Health and Social Care - whether all 8 types of type 1 diabetes will qualify under their new NHS funding scheme- answered 19th April by Andrew Stephenson

12th April 2024: Question for Department of Work and Pensions- how many people received a Universal Credit migration notice in St Albans district; and how many and what proportion of these people submitted a new claim. SPECIFICALLY REPRESENTING HER CONSTITUENCY INTERESTS

Question 23

No confidence (Parliament):

Answer 23

In January 2016, Theresa May’s government faced a vote of no confidence the day after they had suffered the largest ever government defeat in the House of Commons over their Brexit deal. She survived by a majority of 19.

In June 2022, A vote of no confidence was held by Conservative MPs against Boris Johnson. Johnson won the vote with the support of 211 Conservative MP’s, 58.8% of the total. Out of 359 Conservative MP’s, 148 (41.2%) voted against him

Question 24

Parliamentary Scandals: (sex scandals)

Answer 24

Clive Lews (Labour MP) was accused of groping a woman at a party conference.

In June 2022 Neil Parrish MP watching “tractor porn” in the House of Commons

In April 2024, William Wragg MP stood down after he leaked personal phone numbers of a number of MP’s on Grindr

Question 25

Individual Ministerial Responsibility:

Answer 25

In July 2022, Conservative whip Chris Pincher was threatened with suspension after drunkenly groping two men in the Charlton Club. He resigned from his government post, prompting the Tamworth by-election.

In November 2022, former whip and Education Secretary (during COVID) Gavin Williamson, resigned over bullying allegations.

In January 2023, Prime Minister Rishi Sunak sacked Conservative Party Chairman Nadhim Zahawi. This was on the advice of his ethics adviser Sir Laurie Magnus over non-disclosures about his tax affairs.

Question 26

Devolution (some specific examples):

Answer 26

Scotland scrapped tuition fees in 2008, going against the Higher Education Act 2003 passed in the Westminster Parliament.

In 2023, the government threatened to withhold funding from South Cambridgeshire Council after it trialled a 4-day working week.

Question 27

English Devolution: levelling up plans

Answer 27

Following local government reorganisation, a 30-year devolution deal for York and North Yorkshire, with an investment fund of over £500 million, was announced in August 2022. This led to the launch of the York and North Yorkshire Combined Authority - level 3 deal

Cornwall’s new devolution deal delivers greater autonomy. More decisions can be made in Cornwall over areas such as green energy and adult education. Cllr Linda Taylor and Levelling Up Minister Jacob Young MP signed the Deal on 13 December 2023.

Deeper devolution deal with Greater Manchester, devolving more powers etc: more control of local transport, with a long-term government budget to help us plan a more modern, better-connected network.
new planning powers to encourage regeneration and development.
a new £300 million fund for housing: enough for an extra 15,000 new homes over ten years.

Question 28

Local devolution: positives

Answer 28

• 2023 Autumn Statement a proposed new devolution deal for Cornwall was announced, a Level 2 deal focussed on skills, green energy and Cornish culture
• negations for local devolution within England have been ongoing since 2015
• gov 2030 goal to give each region that wants devolution to have it, with a current level 3 deal for York and North Yorkshire (with a population of 818,000 in the region this could potentially bolster democracy)

Question 29

West Lothian Problem:

Answer 29

• measure of EVEL was abolished in 2021
• under Blair (a political context of no EVEL/protection mechanism), a vote to set up foundation trusts in the English NHS, Blair’s English majority was cut by 35 so he was reliant on 67 welsh and Scottish MPs

Question 30

Tensions in current devolution constitutional arrangement:

Answer 30

• potential for destabilising the union, issue of under-representation, current population balance of 35 million in population numbers
• 2014 welsh labour minister Huw Lewis labelled Michael Gove as the ‘great con-artist of education reform’ when he dared to compare school performance across Offa’s Dyke
• Westminster’s 2023 decision to veto the Scottish Gender Reform Bill- seen as an intrusion in the constitutional arrangement

Question 31

Local devolution: negatives

Answer 31

-November 2004 North East England devolution referendum, in which every council in the area voted NO
- government’s current 2022 levelling up devolution proposals, only offers devolution levels of London Mayor (no fiscal powers etc) targeted to be met by 2030

Question 32

Devolution focus on local issues:

Answer 32

• the Greater London Assembly focusses on local issues, with the current 2024 London Mayor campaigns focussed on knife crime (a key issue within London)
• the current Greater Manchester Assembly, whose chosen three areas of focus are currently housing, transport and safety

Question 33

Local councils:

Answer 33

Financial situation:
- Leicestershire is the lowest funded county in the country, it was funded the same level as Surrey it would be £104 mill better per year of and £350 mill if compared to Camden

Question 34

PM patronage powers:

Answer 34

Most significant patronage power is to appoint government ministers, other patronage powers include appointing people as life peers to the House of Lords and the honours system

The prime minister now plays no role in judicial appointments and is given only one name to approve for ecclesiastical appointments.

Question 35

Cabinet Committees

Answer 35

Chairmen of Cabinet Committees are appointed by the Prime Minister, who can also chair the most important ones should they wish. Their proceedings are mostly secret. The Chairs report proceedings and decisions taken to the full Cabinet

In 2015, David Cameron abolished the Coalition Committee and Banking Reform Committee and introduced a new committee on Europe. Theresa May similarly established several Brexit-related cabinet committees, while Boris Johnson introduced two Covid-19 committees

As of February 2024, there are five cabinet committees and six sub-committees:
The National Security Council (NSC), which has four sub-committees, covering nuclear, Europe, resilience, and economic security
The National Science and Technology Council
The Domestic and Economic Affairs committee (DEA), which contains two sub-committees – on the union and energy, climate and net zero
The Parliamentary Business and Legislation committee (PBL)
The Home Affairs Committee (HAC)
May chaired 10/21 of her select committees, centralising control around herself

Question 36

PM patronage powers, appointing government ministers

Answer 36

2023 Sunak appointed David Cameron foreign secretary

Most ministers in Theresa May’s first cabinet had campaigned to remain in the EU in the 2016 referendum, but Leave campaigners Boris Johnson, Liam Fox and David Davis were put in charge of departments that would deliver Brexit.

In 2016, 15 ministers who had attended cabinet under Cameron, including George Osborne and Michael Gove, were not appointed to May’s first cabinet. Some commentators saw this as a sign of May’s authority, while others noted that those dismissed could make trouble on the backbenches.

Question 37

PM patronage powers, life peers to the House of Lords

Answer 37

In just three years, Boris Johnson made appointments to the House of Lords equivalent to 10% of its current size – appointing 86 new peers to a house which now totals 786 sitting peers

Nov 2023 Sunak appointed David Cameron to the House of Lords to allow him to appoint him as Foreign Secretary (due to custom that government ministers are drawn from the legislature)

Question 38

PM patronage powers, honours system

Answer 38

• 2023 as part of Johnson’s 2022 resignation honours list, Ann Sindall his personal assistance was a Dame for political and public service
  In same list Jacob Rees-Mogg also knighted for political and public service (Boris Johnson = a close personal friend)

Question 39

The Budget:

Answer 39

2022 budget extended tax relief for orchestras, museums and exhibitions, 2024 budget cut national insurance

2012 George Osbourne’s ‘omnishambles budget’ had to be unpicked owing to unpopular policies including a tax on cornish pasties - greater scrutiny on budgets that are mishandled
Failures of the 2022 minibudget leading to Truss’s resignation

Question 40

Secondary legislation:

Answer 40

pressure group liberty have taken Suella Braverman’s decisions as home secretary to court whereby she us an SI to lower the threshold for the police for limiting protests

May 2023 the Lords defeated the government over the retained EU Law bill- adding amendments that would if accepted allow the scrapping of EU laws written into UK laws once they face scrutiny in parliamentary committee, rather than being scrapped by an individual minister with secondary legislation

Question 41

Royal prerogative

Answer 41

Consists of a number of powers that the PM inherited from the monarch e.g PM defacto commander of the armed forces (can deploy troops without parliamentary approval e.g Jan 2024 Sunak deployed troops against the Houthi rebels in Yemen without parliamentary approval

Question 42

Supreme Court:

Answer 42

• In 2005, Parliament passed the Constitutional Reform Act which was designed to improve and guarantee the independence of the UK judiciary.
• The Judicial Review Act 2022 makes it harder for people to challenge the Government’s actions in court. It ends so-called ‘cart’ judicial review to ‘minimise delays’ in immigration, asylum and other cases that have already been refused permission to appeal by judges; an immigration tribunal can no longer seek a judicial review if it rejects an asylum application.

Question 43

Interpretations of HRA 1998:

Answer 43

For example, Art II is freedom from torture and inhuman or degrading treatment
- Article 3 right to liberty and security
- Article 11 right to marry and start a family
Judicial interpretation can be seen in the 2005 Afghan Hijackers Case and Abu Qatada Case
- 9 Afghanis hijacked a plane and forced it to land at Stansted, the hijackers were seeking asylum and claimed to be fleeing persecution, but the government accused them of being involved in a hijacking plot. The court interpreted article two to apply to them which allowed them to remain in the UK
-> Blair called the ruling “an abuse of common sense”
- Security services wanted Qatada deported to Jordan, but
the court declared that he could not be deported to Jordan due to the risk of torture or unfair trial which is incompatible with the HRA

Question 44

Declarations of incompatibility with HRA 1998: successes

Answer 44

HRA 1998 allows judges to declare laws passed by parliament ‘incompatible’ with the ECHR
- Since HRA came into effect in 2000, Courts have made 46 DoI’s
- Their most prolific and controversial use being in the case of A v SS for Home Department (Often known as the Belmarsh 9 Case), The SC declared S23 Anti-terrorism, Crime and Security act 2001 as incompatible with HRA and ECHR
- In Morgan and Others v Ministry of Justice (2023), SC declared S30 of the Counter-terrorism and Sentencing Act 2021 incompatible with Article 7 of the ECHR (no punishment without law

Question 45

Declarations of incompatibility with HRA 1998: limitations

Answer 45

Though in R (Syria) v SS for Home Department (2023), SC declared Rwanda scheme as incompatible with ECHR as it was not considered a safe 3rd world country, Sunak as a result passed the Safety of Rwanda (Asylum and Immigration) Act 2024 to assert that Rwanda is a safe country
- After the Belmarsh Case, Tony Blair introduced Control orders which broadened restrictions placed on individuals
PM’s have publicly stated their dissatisfaction with DoI’s
- Cameron said, ‘I am appalled by the Supreme Court ruling. We will take the minimum possible approach to this ruling.”
- Sunak called the Judiciary a ‘setback’ when they declared parts of his Illegal Migration Act 2023 incompatible with the ECHR

Question 46

The power of judicial review: successes

Answer 46

R (Miller) v Brexit Sec (2017), was a judicial review case launched by Gina Miller on whether May could ‘trigger article 50 without the consent of Parliament.’ Miller won and May’s decision was considered ‘Ultra Vires’
- R (Miller) v PM (2019), Miller again launched a Judicial review against Johnson’s Prorogation of Parliament, in which the UKSC unanimously ruled that it was unlawful
- In 2021, a court ruled that Matt Hancock acted unlawfully when his department did not reveal details of contracts it had signed during the Covid pandemic
- R (Liberty) v Home Secretary (2021), Liberty launched Judicial review to challenge the legality of the Investigatory Powers Act 2016, CoA held that certain provisions were incompatible with ECHR

Question 47

The power of judicial review: limitations

Answer 47

There has been a general decrease of judicial review cases in recent years
- JR went down by 9% from 2020 to 2021.
- In the first quarter of 2022 there were 5050 judicial review cases, which was 40% fewer than the first quarter of 2019
-> This decrease may perhaps be because of Judicial Restraint
JR is now harder
- JR Act 2022 makes it harder for people to challenge the government’s actions in courts, because it ends the so-called ‘cart judicial reviews’ by making the decisions made by Upper Tribunals as permanent, so no other courts have the power to review them
-> As a result of the Judicial Review Act 2022, judges must now wait for cases and cannot proactively raise a judicial review.

Question 48

Members of the executive/cabinet being key in developing policy:

Answer 48

the education secretary will spearhead the development of education policy (Gillian Keegan and her march 2024 policy: Don’t talk about gender identity in schools, policy for UK schools) and the health secretary on healthcare policy (e.g Victoria Atkins in the development of the conservative party’s vaping and anti-tobacco policy) and junior ministers are appointed and become experts on their specific area of specialised policy- e.g 2017 Rory Stewart was the Minister of Foreign Office and International Development for Africa- a lower rank ministerial position, where he became an expert on Zimbabwean policy, with his policy pushing for political reform, free and fair elections

HOWEVER: growing trend in decisions being taken by cabinet committees: May chaired 10 cabinet committees, 48% of the total (growing trend of presidentialism from the PMs)

Question 49

The budget:

Answer 49

The Exchequer, a vital Cabinet minister, drafts the budget with the PM and then reveals it to the rest of the Cabinet- e.g spring budget 2024, Hunt revealed they would raise the national insurance payment level from 8% to 10% and the spending limits for different policies and departments: This is 35 percent of public spending. The biggest items are health (£179.6 billion), education (£84.9 billion) and defence (£32.8 billion). This spending is usually subject to multi-year limits set by the Treasury

Key chancellors: Hammond (under May), Sunak (under Johnson), Osbourne (under Cameron) and Hunt (under Sunak)

Question 50

The executive and proposing legislation:

Answer 50

the majority of legislation that Parliament passes is proposed by the Cabinet- e.g in 2019-2021, 38/45 commons bills were government bills brought from the House of Commons, with of the 3188 amendments tabled for the lord’s only 700 proceeded (highlighting how the cabinet dominate the process of proposing legislation)

May appointed David Davies as the brexit secretary, yet used Ollie Robins as the negotiator, which meant Davies was in effect a sitting duck, with minimal involvement within the legislative proceedings, plus after the king’s speech, which contains the government’s legislative agenda, it is the PM’s responsibility to ‘sell’ the agenda to parliament NOT the cabinet- in the case of Sunak in 2023, this was the 21 legislation proposals that the gov detailed in the king’s speech

Question 51

The PM and events (domestic disasters):

Answer 51

Johnson wanted to focus upon levelling up and redeveloping the north, but was forced to deal with the pandemic instead, the Grenfell disaster 2017 made Theresa May seem out of touch, as her government failed to have a compassionate response (e.g May failed to meet victims directly affected by the incident because of ‘security issues’ and she was viewed as giving the £5 mill in support too late)

Thatcher used the 1984-85 miners strike to come down harshly with a zero tolerance policy, e.g enforcing a law that required unions to ballot members to strike action (after union members in Lancashire said that as 41% of members voted to strike all members should strike)

Question 52

The PM and events (foreign policy/wars):

Answer 52

e.g Blair 2001 and 9/11, leading to key rulings like the 2001 Belmarsh Case and a focus upon anti-terrorism (a policy he had not intended for, he had not set out to be a foreign policy leader, but rather he had an ambitious domestic agenda), Brexit, completely shaped May’s premiership and actually led to her resignation, as she was unable to pass her brexit plan, also Ukraine policy with both Johnson and Sunak- it completely derailed their ‘levelling up’ agenda, as there was a lack of money because so much money was being spent on foreign policy (with the UK’s support for Ukraine currently totalling £4.7 bill)

used the invasion of Ukraine, to switch focus from the partygate scandal and the 2022 Sue Grey report, Thatcher used the success of the Falklands war to build her credibility during the recession (leading to her greater majority in 1983, the conservatives gained 58 seats) and Blair was able to pass a programme of anti-terror legislation because of the war on terror

Question 53

The PM and events (economics):

Answer 53

e.g Brown came into power in 2007 saying he was going to radically change the constitution but then he ended up having to deal with the 2008 financial crisis, and the impact of it (such as the £500 billion relief scheme that was announced by the gov in oct 2008 in direct response to the financial crisis), both Truss and Sunak had to deal with the cost of living crisis rather than other issues that they wanted to focus on- such as illegal immigration for Sunak (e.g Sunak capping bus fares outside of london at just £2, to try and make transport costs more affordable during the crisis)

e.g Cameron and Thatcher were both able to pursue a more neo-liberal agenda because of the economic plight the country found itself in, e.g Cameron was able to pursue the policy of austerity (and create a smaller state), his austerity policies included a reduction in welfare spending, a cancellation of school building programmes, reductions in local government spending and an increase in VAT to 20%, another example= some economic disasters/event are actually in the control of the PM, as they are a direct result of the policy enacted by the PM, e.g the loss of 30 bill under Truss was a direct result of her 2022 mini budget (which was found to have a ‘fiscal hole’ in by the Institute of Fiscal Studies)

Question 54

Examples of ministers being dreadful: (the failure of IMR)

Answer 54

Gavin Williamson oversaw a series of policy disasters as education secretary in 2020 yet remained in office until 2021, Chris Grayling remained in government despite a number of high profile policy errors that led to him being nicknamed ‘FAILING GRAYLING’ by the media (he was SoS for Transport from 2016-2019), he misspent £2.7 billion pounds of public funds during his tenure as Secretary of State for Transport

Question 55

PM needing support of party:

Answer 55

Johnson forced to resign in 2022, when 62/179 members of his administration resigned (including 2 major members: Sunak, his chancellor and Javid his health secretary) and Truss forced to resign in 2022, due to the unpopularity of her policies within her party (fast deterioration of control of the party after Braverman resigned as home secretary due to Truss’s leadership)

Question 56

Lords: is the appointment process good or bad?

Answer 56

AGREE: peerages can be offered as part of patronage, there is a clear statistical link between large donors and successful nominations e.g the cash for honours scandal etc, plus the chamber is unelected, which distorts the democratic legitimacy of the chamber, as they are unaccountable for their actions
DISAGREE: however, the appointment process allows for a greater number of experts to be selected, the Independent House of Lords Appointment Commission, established in 2000, vets all appointments to the lords and helps to ensure that more experts are appointed to the chamber, this produces a more expert membership, which bolsters legitimacy as it creates improved scrutiny - e.g David Anderson, crossbench peer, was appointed 2018, for his expertise in law and terrorism legislation and Michael Berkely in 2013 for his expertise in music, music education and broadcasting

Question 57

Is the lords powerful?

Answer 57

AGREE: arguably the lords is too weak to do its job- if it is to perform it’s key duties within the UK democracy, it needs to be reformed - arguably extensively limited by the 1911 and 1949 parliament acts - commons able to reject all of the lords amendments, even if they arguably improve the condition of legislation- e.g Safety of Rwanda Act 2024- commons rejected all 10 of the lords amendments

DISAGREE: the government is regularly defeated by an overly assertive lords- 2023-2024 session, the conservative government faced 43 defeats in the lords (as of the 21st may 2024), 2022-2023 session they faced 125 defeats and 2021-2022 they faced 128 defeats

Question 58

Is the lords representative/is membership good?

Answer 58

AGREE: the lords does not have descriptive representation, e.g the average age of the lords is 70, just over a quarter are women and only 6% are from ethnic minority backgrounds
DISAGREE: focus on making the chamber more representative- e.g 2024, the appointment of youngest lord ever, 28 year old Carmen Smith, for Plaid Cymru (ironic, she actually wants to remove the unelected chamber), plus there’s been reforms to ensure that membership is appropriate e.g 2014 House of Lords Act, made provisions for removal from the house of lords for non-attendance and serious criminal offences

Question 59

Effective scrutiny from select committees:

Answer 59

the Backbench Business Committee gives opportunities to backbench MPs to bring forward debates over issues of their choice, the Business and Trade Committee scrutinises the policy, spending and administration of the Department of Business and Trade, and other public bodies, the Welsh Affairs committee currently has 5 inquiries open: two key ones being prisons in Wales and the Defence Industry in Wales, plus able to shape government e.g Amber Rudd resigned from her cabinet position of home secretary after being interviewed by the Windrush select committee - plus many of the select committees are chaired by members of the opposition e.g Yvette Cooper was the chair of the Home Affairs Select Committee from 2016-2021, take down of Amber Rudd, with her intense questioning over the Windrush scandal, e.g the Energy Security and Net Zero Committee, chaired by independent MP Angus MacNeil - influence of the opposition within the political process etc, PM is able to dodge effective scrutiny etc with the Liaison committee (e.g Johnson avoided meeting them 3 times in 2019)

Question 60

Impact of backbenchers on legislation:

Answer 60

in the 2021-2022 session, only 13 PMBs received royal assent (tending to be on very specific, targeted policy areas, rather than having a broad and wide-spread influence on the government’s policy agenda, e.g the 2022 Down Syndrome Act and the Education (careers guidance in schools) Act 2022- it is also important to note that only 3/13 bills were initiated from backbenchers who were not from the conservative party (highlighting the impact party loyalty and the whipping system has on parliament) - plus limited in the consent and refinement process - need for consent from backbenchers is a vital part of the legislative process (due to the Burkean Model of Representation), whilst backbenchers do get the chance to vote, this is potentially limited when considering the partisan system in the UK (e.g Safety of Rwanda Act 2024, only 11 conservative MPs voted against it) and the strength of the whips (whilst backbenchers occasionally rebel it is only on super polarising issues (such as the rebellion from 60 conservative MPs in Jan 2024 over the issue of the Rwanda policy, particularly when the government is seen as weak and divided (as it was under Sunak)

Question 61

Decline in rights protection:

Answer 61

e.g as detailed in the King’s Speech in 2023, then justice secretary Dominic Raab was looking to repeal the 1998 HRA, plus it would protect against the government, which has passed a series of legislation e.g the Nationality and Borders Act 2022 (which allows them to remove the citizenship of british citizens without notice, as in the case of Shamima Begum), the Police, Crime and Sentencing Act 2022 and the Public Order Act 2023, both extend upon police powers and limit the right of an individual to protest, they could be fined up to £2,500), plus the Judicial Review Act 2022, made it harder for people to challenge the government’s actions in court