Relationship between branches Flashcards
Controversy on holding the executive accountable
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
Who used the term ‘an elective dictatorship ?
Lord Halisham (leading conservtaive lawyer and politician)- claimed that the executive has so much power that it could be called an elective dictatorship-
In what ways do we have an elective dictatorship ?
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
However, how can the theory of an elective dictatorship be argued against ?
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
Examples of weak parliamentary influence - Margaret Thatcher
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.
Examples of weak parliamentary influence- Tony Blair
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
Example of strong parliamentary influence - Harold Wilson
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)
Example of strong parliamentary influence- Tony Blair
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
Example of strong parliamentary influence- Theresa May
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
What have methods and further reforms meant for the House of Commons and Lords
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
What ways can Parliament now control the executive
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
What ways can Parliament now control the executive - Vote of no confidence
Vote of No confidence
James Callinghan- (hasn’t happened since 1970)- Possible but very rare
What ways can Parliament now control the executive - Parliament can vote against legislation
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
What ways can Parliament now control the executive - Backbench Business Committee
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
What ways can Parliament now control the executive - Select Commitees
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
What ways can Parliament now control the executive - Liaison Committee
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
What ways can Parliament now control the executive - New Conventions
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
What ways can Parliament now control the executive - Fixed Term Parliament Act
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
What ways can Parliament now control the executive - Questioning
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
What ways can Parliament now control the executive - House of Lords
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
Debate of House of Lords function and what did politicians and political commentators say about this ?
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
Ways in which Executive can control Parliament ?
Government majority
Whipping
Payroll vote
Parliamentary timetable
Patronage
Deselection
Secondary legislation
Committee Majority
Salisbury convention
Ways in which Executive can control Parliament- Government majority
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
Ways in which Executive can control Parliament- Whipping
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
