powers of the executive Flashcards
powers
Control of the parliamentary agenda
Majority in the Commons and whips
Secondary (or delegated) legislation
Prerogative powers
Control of the parliamentary agenda
The government sets the time available for
legislation. That means government controls when a bill is introduced, debated and voted on. It also means it can ‘filibuster’ private members bills, while government can allocate almost unlimited time for government bills
Example: 8 8-hour sessions to debate
the more than 500 amendments to the EU
Withdrawal Act 2018
Counter
Exceptions:
17 (+3) ‘Opposition days’ -
13 days for private members
bills
example of opposition day votes
18 January 2021: Two Opposition Day motions from Labour were passed after a forced division. The first, on universal credit and working tax credit, passed 278–0; the second, on access to remote education and the quality of free school meals, passed 272–0, with most Conservative MPs not voting
Opposition Day: Expanding the NHS workforce held on 28 February 2023
224 - 0
Majority in the Commons and whips
The government usually has a majority in the
House of Commons, and whips to protect that
majority when it comes to votes. - FPTP
This ensures the government is likely to pass laws it wants to pass, and unlikely to lose a
no-confidence vote
Example:
Rishi Sunak wins vote on controversial illegal migration bill 289 - 230
Counter
However:
Backbench rebellions happen
Minority governments happen
Secondary (or delegated) legislation
The government can make minor amendments to Acts of Parliament, without passing a new Act. These smaller changes to existing laws are called ‘secondary’ or ‘delegated’ legislation. It means such changes do not get discussed or voted on in the House of Commons.
Example: In 2016 the government changed university student maintenance grants into
loans using secondary legislation.
Prerogative powers
These ‘royal prerogative powers’ are powers of the prime minister that can be used (in name of the monarch) without parliamentary scrutiny.
Example:
Johnson appointments of Peter Cruddas, Jo Johnson, Evgeny Lebedev
Liz Truss’ 2022 reshuffle
2019 parliament prorogation
Counter
New convention on declaring war requiring parliamentary approval
Parliament can abolish prerogative powers (as it did with the Fixed-term-Parliament Act)