Reform to Parliament

Question 1

Question

Answer 1

Evaluate the view that the power of Parliament has been radically enhanced by constitutional reform since 1997.

Question 2

Factors

Answer 2

• Devolution.
• House of Lords.
• Parliamentary scrutiny and power.

Question 3

Judgement

Answer 3

The power of Parliament has evolved but it has not been radically enhanced.

Question 4

Weaker argument - devolution

Answer 4

→ Creation of devolved legislatures in Scotland, Wales, and Northern Ireland (1998) granted powers over key policy areas like health and education.
→ Devolution in London means the GLA has 5 functional bodies: overseeing transport, policing, fire services, and regeneration.
→ Difference in policies in devolved bodies: Wales introduced free prescriptions for all in 2007, N. Ireland banned fracking in 2015.

Question 5

Stronger argument - devolution

Answer 5

→ Parliament retains the legal right to repeal devolution statutes (e.g., the Scotland Act), demonstrating that ultimate sovereignty remains with Westminster.
→ Brexit’s implications, such as disputes over devolved bodies, have highlighted tensions but reaffirmed Westminster’s legal supremacy - e.g., UK Internal Market Act 2020.
→ Between 2002 and 2007, and again from 2017 to 2020, N. Ireland was governed directly by Westminster.
→ Devolution operates within limits defined by Westminster, with many powers retained as “reserved” for the UK Parliament.

Question 6

Weaker argument - House of Lords

Answer 6

→ The House of Lords Act 1999 removed most hereditary peers, making the Lords more meritocratic and improving its legitimacy as a revising chamber.
→ The Lords have become more assertive in challenging the government, evidenced by defeats on key issues like Brexit legislation.
→ House of Lords (Expulsion and Suspension) Act (2015) - Lords can be held accountable.

Question 7

Stronger argument - House of Lords

Answer 7

→ The Lords remains unelected, limiting its democratic mandate.
→ House of Lords Reform Bill (2012) never passed.
→ Blair’s government never reached stage two of Lords reform - power of the Lords remains the same.
→ 92 hereditary peers still remain in the Lords.

Question 8

Weaker argument - Parliamentary scrutiny and power.

Answer 8

→ Human Rights Act 1998: Strengthened parliamentary scrutiny - Belmarsh Case; The UK government detained foreign nationals without trial under the Anti-terrorism, Crime and Security Act 2001.
HRA Mechanism: The House of Lords ruled that this legislation violated the right to liberty.
→ Fixed-term Parliaments Act 2011: Initially curtailed the Prime Minister’s power to call early elections, increasing parliamentary stability.

Question 9

Stronger argument -Parliamentary scrutiny and power.

Answer 9

→ Fixed Term Parliaments Act impact was limited, as seen with elections in 2017 and 2019.
→ Increased use of select committees has failed to change power of Parliament - they are non-binding suggestions, only 30-40% of the suggestions are used.
→ Executive dominance means that fundamentally the power still lies in Parliament - Labour 2024, 411 seats.