Relationship between branches

Question 1

Controversy on holding the executive accountable

Answer 1

In spite of parliamentary sovereignty and the executive being accountable to the House of Commons since it represents the will of the British people expressed through the MP’s they elect, it has often been claimed that Parliament is ineffective at holding the government accountable for its actions

Question 2

Who used the term ‘an elective dictatorship ?

Answer 2

Lord Halisham (leading conservtaive lawyer and politician)- claimed that the executive has so much power that it could be called an elective dictatorship-

Question 3

In what ways do we have an elective dictatorship ?

Answer 3

Ways we have an elective dictatorship-
Public Bill Committees always have government majority and are whipped- unusual for opposition to significantly amend legislation

Governments with a large parliamentary majority should be able to rely on the support of the MP’s to pass legislation

The government can change law using secondary legislation

The royal prerogative means that prime ministers does not legally have to consult Parliament on the use of British military forces, as Theresa May showed in 2018

According to the Sailsbury convention, the House of Lords should not attempt to stop government legislation that was in the winning parties manifesto, since this would construct what the public voted for

Question 4

However, how can the theory of an elective dictatorship be argued against ?

Answer 4

The relationship between parliament and the executive is not static

Changes depending on circumstances- minority governments or with small parliamentary majorities may find it hard to pass its legislative programme
-Allows parliament to become more assertive

Question 5

Examples of weak parliamentary influence - Margaret Thatcher

Answer 5

1979-87 Margret Thatcher- Conservatives were facing a split opposition (divisions in the Labour party led to the party fracturing).
This meant she was able to increase her parliamentary majority to 144.

Question 6

Examples of weak parliamentary influence- Tony Blair

Answer 6

1997-2001- Tony Blair- He won a landslide election, giving him a House of Commons majority of 179 seats. His parliamentary party was almost totally united and as a result of the Conservatives suffering their worst defeat since 1882, the conservatives only had 165 MP’s

Question 7

Example of strong parliamentary influence - Harold Wilson

Answer 7

1974-79- Harold Wilson won the October 1974 election with a parliamentary majority of just 3. When James Callighan took over as Labour leader, Labour’s majority disappeared as a result of election defeats

He was the forced to establish a confidence and supply agreement with the Liberal Democrats from 1977-1978

When this ended, the government struggled on till it was defeated by a vote of no confidence (310-311)

Question 8

Example of strong parliamentary influence- Tony Blair

Answer 8

2005-2010 - Tony Blair- By 2005, Tony Blair’s influence was in decline as result of the controversies surrounding the invasion of Iraq in 2003. In 2004- his parliamentary majority was reduced to 66 seats and he won support of just 35.2% of his electorate

His backbenchers therefore became less loyal

In 2005, he lost his first parliamentary vote on increasing detention for terror suspects to 90 days

Question 9

Example of strong parliamentary influence- Theresa May

Answer 9

2017 Theresa May- May decided to call a snap election in 2017 in order to try and win a larger parliamentary majority which would make it easier for her to pass Brexit legislation. However, the prime minister lost seats and May became a minority administration

As a result she was forced to establish a confidence and supply agreement with the Democratic Unionist Party

This meant the government had to pass Brexit legislation without a Conservative majority. There were also divisions within the Conservative party and a self-confident Labour opposition which further increased parliamentary opposition

Massive parliamentary debates of Mya’s Brexit proposals in January and `march 2019 further shifted the balance of power toward the House of Commons

Question 10

What have methods and further reforms meant for the House of Commons and Lords

Answer 10

However, a number of methods and further reforms have made the House of Commons and the House of Lords institutionally stronger in their relationship with the government

Question 11

What ways can Parliament now control the executive

Answer 11

Vote of no confidence

Parliament can vote against legislation

Backbench Business Committee

Select Committees

Liaison committees

New conventions

Fixed Term Parliament Act

Questioning

House of Lords

Question 12

What ways can Parliament now control the executive - Vote of no confidence

Answer 12

Vote of No confidence

James Callinghan- (hasn’t happened since 1970)- Possible but very rare

Question 13

What ways can Parliament now control the executive - Parliament can vote against legislation

Answer 13

Parliament can vote against legislation
Theresa May Brexit Bill (2017)
Rare
In 2009, a committee chaired by the former Labour MP Tony Wright recommended in its report ‘Rebuilding the House’ a number of ways in which the powers of the backbench could be increased
These reforms then formed the basis of the colations parliamentary reform

Question 14

What ways can Parliament now control the executive - Backbench Business Committee

Answer 14

Backbench Business Committee- Established in 2010
Usually government chooses what gets debated and voted on
35 days a year backbenchers chooses what is debated instead of the executive
This provides a key way in which MP’s can raise important issues for debate, whether the government is in favour or not
Gets to give the opposition power to choose what’s debated on and to raise attention to certain things

Question 15

What ways can Parliament now control the executive - Select Commitees

Answer 15

Select Committees
Investigates and pases judgements in what the government is doing and makes recommendations
Questioning is a powerful tool
Media attention and brings awareness
Government is not obliged to take on any recommendations
REFORM- Since 2010
Previously, the whips had selected the chairs, which meant that loyal rather than independent minded MP’s were usually selected. This reform- the chairs of select committees have been elected by a secret ballot of all MP’s and the membership of select committees by a secret ballot within each parliamentary party
Increased the prestige of select committees, especially as a number of prominent MP’s had taken over the leadership of them

Question 16

What ways can Parliament now control the executive - Liaison Committee

Answer 16

Liaison Committee
Interviews the prime minister a few times a year
Prime ministers don’t have to turn up
Mean to tun up 5 time a year- Boris turned up once

Question 17

What ways can Parliament now control the executive - New Conventions

Answer 17

Claimed that the executives authority has been reduced by the convention that the House of Commons should now be consulted on the commitment of British forces to military operations, and by the Fixed Term parliament Act which stops the PM requesting a dissolution of Parliament and a general election at the time of convenience (however whether its actually increased power is unclear)
New conventions
New convention whereby Parliament get to vote on whether military action takes place
However, it’s not a legal requirement, and in 2018 Theresa May ignored it to exercise the royal prerogative power when the RAF joined American/ French airstrikes on Syrian government chemical weapons installation

Question 18

What ways can Parliament now control the executive - Fixed Term Parliament Act

Answer 18

Fixed Term Parliament Act
Used to be a prerogative power of the prime minister to call general elections
Parliament now chooses when elections come, not the prime minister
However, This act still allows the prime minister to call a general election, as Theresa May did in 2017, if two thirds of MP’s agree
Since the opposition would be unlikely to oppose such a government motion, the government still has the power to call an early general election

Question 19

What ways can Parliament now control the executive - Questioning

Answer 19

Questioning
Urgent Questions- if speaker says yes, the government has to send a minister to immediately answer the question
Prime Minister Questions
Select and Liaison Committee

Question 20

What ways can Parliament now control the executive - House of Lords

Answer 20

House of Lords
Removal of hereditary peers and their replacement with life peers and greater professional expertise, it has become more self-confident in opposing government legislation
Lost its inbuilt Conswrvative majority and become more balanced in its composition
Lords can block government bills
The Lords are now more willing to use their powers, even if their power hasent increased- For example- From 1999-2010 the Labour government suffered over 450 defeats in the House of Lords, such as Gordon Browns attempt to increase detention of terror suspects to 42 days
Provoked more controversy when it opposed attempts by chancellor, george osbourne, to cut tax credits- although this concerned financial legislation which should not be opposed according the Parliament Act 1911, claimed it could vote against measures which had been introduced through secondary legislation
Lords proposed many amendments to the EU (withdrawal) Bill
The way in which the Lords has become increasingly prepared to confront the government has been received positively by some politicians and political commentators

Question 21

Debate of House of Lords function and what did politicians and political commentators say about this ?

Answer 21

The way in which the Lords has become increasingly prepared to confront the government has been received positively by some politicians and political commentators

Labour MP Chuka Umunna tweeted

However, a constitutional expert, Vernon Bogdanor has warned that ‘any government would find it unacceptable if the lords began to act more as ‘an opposition chamber rather than a revising chamber

Question 22

Ways in which Executive can control Parliament ?

Answer 22

Government majority

Whipping

Payroll vote

Parliamentary timetable

Patronage

Deselection

Secondary legislation

Committee Majority

Salisbury convention

Question 23

Ways in which Executive can control Parliament- Government majority

Answer 23

Government majority- Government always has an inbuilt majority. As long as the party is united and works together they can overrule any objections by all other parties. Most of the time they will be able to win votes
However- Coalition government (Cameron), Minority government (May)was forced to establish a confidence and supply agreement with the Democratic Unionist Party

Question 24

Ways in which Executive can control Parliament- Whipping

Answer 24

Whipping- Strong whipping culture, whips will try and influence ensure that their MPS vote with their party leaders ideas
Whips influence MP’s by offering rewards or threatening punishments or persuading

Question 25

Ways in which Executive can control Parliament- Payroll vote

Answer 25

Payroll vote- Anyone who is a minister will be voting with the government. Due to the CCC contention, if they dont agree or vote against the government they are expected to resign
The more people the prime minister can put in his government (payroll) the more guaranteed votes they will have for their legislation
Can try and influence difficult members of their party by offering roles within the government to secure more votes

Question 26

Ways in which Executive can control Parliament- Parliamentary timetable

Answer 26

Parliamentary timetable- The government decides everyday what is voted on and what is debated. Huge power as it means the government controls which bills go through Parliament. Don’t have to ask the legislature or the speaker for permission. They have control of the parliamentary timetable.
If there is something they don’t want palram t to debate, they don’t have to put it on the timetable (May era)
Exceptions- Back Bench Business Committee- Controls it for 35 days however its not the same as controlling it all the time

Question 27

Ways in which Executive can control Parliament- Patronage

Answer 27

Patronage- (using patronage) Power to create ministers and fire ministers. People want to become ministers so would want the government to respect them so therefore will be likely to be loyal to the PM. Good way for executive to influence legislature and those inside the government

Question 28

Ways in which Executive can control Parliament- Deselection

Answer 28

Deselection - Have the power to remove them from their party (not as a MP but as a MP for their party)
Jeremey Corybn - Keir Starmer removed him out of the party
Borris Johnson- Removed 55 Conservative MPs from his party temporarily, including Dominic Grieve
However, comes with consequences your majority in Parliament would decrease

Question 29

Ways in which Executive can control Parliament- Secondary legislation

Answer 29

Secondary legislation- Statutory instruments (bypass parliament)
Misuse of drugs act- made minor changes to the act without sending it through parliament
Unclear when it can be used and when it can’t (Boris Johnson and Brexit deal Northern Ireland)
Executive can try to bypass legislation

Question 30

Ways in which Executive can control Parliament- Committee majority

Answer 30

Committee Majority (designed to reflect the makeup of parliament)
This means that the governing party will always have a majority in the select committees
Scrutiny more likely to be limited

Question 31

Ways in which Executive can control Parliament- Salisbury convention

Answer 31

Cant block anything which is in the manifesto

Question 32

Example of weak parliamentary influence- David Cameron

Answer 32

2010-15 David Cameron- After Davids Camerons failure to win a parliamentary majority, he formed a coalition government with Nick Clegg and the Liberal democrats. This meant they combined the 306 Conservatives Mp’s with the 57 Liberal Democrat MP’s
This gave the government the support of 363 MP’s (opposed to 258 Labour MP’s)