The main functions of the House of Commons 1 (Legitimisation, Legislation and scrutiny)

Question 1

Why does the democratically elected nature of the HOC mean a difference in functions between the two chambers

Answer 1

Because the Commons is a democratically elected chamber, it also has a constituency representative function which the Lords cannot claim

Question 2

When Parliament was set up, what was its purpose ?

Answer 2

When parliament was established, its purpose was to provide the consent that would legitimise the decisions of the monarch-

although the crown has now been replaced by a democratically elected government, legitimation still remains Parliament’s main function

Question 3

What is the legitimation function of the House of Commons ?

Answer 3

Parliamentary bills require the consent of the house of commons meaning the consent of the representatives (who have been voted in by the public) of the nation has to be acquired in order to legitimise changes to the law (public approval)

Question 4

EXAMPLES OF LEGITIMATION

Since the Parliament Act of 1911, what does the Commons have the executive right to approve ?

Answer 4

The budget

Question 5

What is the process of approving the governing bodies budget ?

Answer 5

The Commons debates the budget proposals over 4 days and then scrutinises the governments resulting Finance Bill in a Committee of the Whole House

Question 6

EXAMPLES OF LEGITIMATION

What convention has developed concerning military power ?

Answer 6

A convention has also developed whereby the House of Commons should be consulted over committing British forces to military actions (traditionally the prime minister had this power through the exercise of the royal prerogative)

Question 7

Since when was this military convention developed ?

Answer 7

Since the Iraq War in 2003, prime ministers have allowed Parliament to debate large-scale military commitments on the principle that the representatives of the nation should legitimise such important decisions in the life of the nations

Question 8

Give an example whereby the prime minister let the commons vote on large-scale military commitments

Answer 8

David Cameron believed that military action against Syria’s Bashar Al- Assad was justified after an alleged chemical attack by his government. When the House of Commons debated the proposed strikes, however, the government motion was defeated by 285 to 272 votes

Question 9

Why is the argument of how well the House of Commons fulfil its legitimising role controversial ?

Answer 9

It may be seen as controversial as the UK does not have a codified constitution determining exactly what powers the House of Commons has in relation to the government

The way in which our constitution also derives from conventions mean that the legitimation role can be seen as controversial- ability to override parliament as its not legally binding

Question 10

Give an example of why the legitimation function is seen as controversial

Answer 10

In 2018, Theresa May decided to join American- led assaults on the Syrian government without consulting the House of Commons. This provoked an angry response from Jeremy Corbyn, who called it a ‘flagrant disregard’ of legitimising rights of Parliament

Question 11

How can you counter the above point about the legitimation function being undermined by the lack of a codified constitution ?

Answer 11

Gina Miller Case

Development of extra bodies such as the Supreme Court means that these bodies are more effective in establishing where power lies and sorting out disputes over where power lies

Question 12

Whats another reason why the legitimation function may be controversial ?

Answer 12

In addition to the sometimes indistinct relationship between the House of Commons and royal prerogative over legitimation, he way in which secondary legislation can be used to change laws is also controversial.

Question 13

How is secondary legislation used ?

Answer 13

Although the House of Commons must vote on primary legislation, changes to the detail of Acts of Parliament can be delegated to government ministers through statutory instruments (also known as Henry VIII clauses*)

Question 14

What have critics argued about statutory instruments ?

Answer 14

Critics have accused governments of increasingly using statutory instruments to introduce significant changes to the law without them being given the same legitimation as a primary Act of Parliament

Question 15

Example of secondary legislation critic

Answer 15

Angela Eagle MP has called the overuse of statutory instruments an attempt to ‘govern from the shadows’

Question 16

What is the legislative function

Answer 16

The legislative function of the House of Commons is the process through which parliamentary bills become laws (they make laws)

During each parliament the government will introduce a number of Public Bills into the Commons

Once the bill goes through both chambers and the mandatory scrutiny and debate processes have been completed, it will become a parliamentary statute or law

Question 17

What have critics argued about the legislative function of the House of Commons ?

Answer 17

Critics of the House of Commons legislative function argue that the government has too much power of the process, even though the progression of a bill through parliament should involve a great deal of scrutiny

Question 18

Why have critics argued that the government have too much power over the legislative process - parliamentary majority example

Answer 18

If the government has a large parliamentary majority it will be able to reply on the loyalty of its MP’s to vote for the bill, so making the debates and votes essentially a formality

Question 19

Why have critics argued that the government have too much power over the legislative process- whips example

Answer 19

The whips also influence the selection of the Public Bill Committee members and they will be instructed to vote according to the whip proposed amendments to the bill (Public Bill Committees may be seen as undermining its ability to make practical improvements to a bill)

The way in which MP’s are expected to follow the dictates of their whips in both parliamentary and committee votes can thus result in badly thought- through legislation

Question 20

Give an example of how the influence of the Whips and forcing its members to vote along party lines resulted in faulty legislation

Answer 20

ASBOs - So imprecisely worded that it could be used to punish people for pursuits such as excessive signing or rudeness or neighbours

Question 21

In counter argument to the influence of the whips, what are some MP’s prepared to do when voting on legislation ?

Answer 21

MPs can be prepared to rebel over legislation, even if this means that they have to defy their whips.

Question 22

How does MP’s rebelling over legislation counter the argument of critics hypnotised by the influence of the whips ?

Answer 22

This suggests that MPs can be more independent- minded and assertive than their critics suggest

Question 23

Give an example of when the Blair government faced a huge rebellion over legislation and what this meant for the proposed bill

Answer 23

In 2005, 49 labour MPs were unconvinced by the Blair governments propsolas that terrorist suspects should be held in custoyd for 90 days without charge - as a result, the government was defeated 291 votes to 322 and legisaltuon was withdrawn

Question 24

Give an example of when Theresa May government faced massive rebellions over the EU bill

Answer 24

In January 2019 Theresa May’s government was defeated by 432 votes to 202 on the Brexit deal it was offering in Parliament. This crushing defeat on her government’s central policy by 230 votes was the biggest defeat that any British government has ever suffered. In March 2019 a modified deal was once again defeated by the House of Commons, by 391-242. A third attempt in March was defeated by 344-286

Question 25

How does the House of Commons have a major role in scrutinising the work of the government

Answer 25

Public Bill Committees- scrutinise proposed legislation and suggest amendments to the wording go the bill

Select Committees- investigate the work of state departments but can also focus on certain subject and specific policy commitments

Lasion committees- Represents the chairs of all the select commitees and regulary questions the prime minister

Question 26

Where does the public bill committee stand in the bill making process ?

Answer 26

Once a bill has passed its second reading in the House of Commons, its details are then considered by a Public Bill Committee, when possible amendments will be discussed before the bill returns to the House of commons for the report stage and its third reading

Question 27

What are the positives of public bill committees ?

Answer 27

MPs can make amendments to legislation on Public Bill Committees-

A public bill committee considers the text of a bill in detail.
The committee often starts by taking oral and written evidence on the bill from experts and relevant parties

Can make the government rethink the detail of the bill (if persuasive enough)

MP’s can also cooperate on Public Bill committees

Question 28

What are the disadvantages of public bill committees ?

Answer 28

Too politically partisan - the Whips select MPs who sit on the committee and will then be expected to follow the party line
This therefore reduces the potential for constructive debate

Opposition amendments are rarely accepted in full (Only half of 1% of accepted amendments in and after the committee stage are from the opposition)

Question 29

When were select committees introduced and why?

Answer 29

In 1979, the House of Commons select committees were introduced to monitor the performance of the major departments of state (eg, Education committee)

Question 30

What else do select committees investigate as well as departments of state and can you give an example?

Answer 30

The select committees also set up to investigate specific policy commitments, such as the proposed high speed railway HS2

Women and Equalities Committee also monitor the progress made on achieving a more inclusive society

Question 31

What is the composition of the House of Lords ?

Answer 31

Membership is usually 11 (typically 5 Conservative, 4-5 Labour, 1-2 smaller parties)

Question 32

What is the selection process of select commitees and why can this be seen as an advantage ?

Answer 32

Party members vote on membership in secret ballots (rather than it being chosen by the whips)- ensures members who serve on committees are highly regarded by backbenchers- ensures they possess considerable party support

Question 33

Are select committees partisan or non-partisan ?

Answer 33

Unlike select committees -Non-parstain which means that MP’s from all parties have to work together

Question 34

What bonus do you get as a committee member ?

Answer 34

Receive a significant financial bonus (same sort of salary as junior ministers)

Question 35

What do all of these factors means for the power of select committees ?

Answer 35

These factors combine to provide the leadership of select committees with a strong mandate directly from the legislature with which to confront powerful department of state

Question 36

How do select committees work when scrutinising policy and departments ?

Answer 36

Select Committees consult widely with ministers, civil servants and can send for ‘persons, papers and records to help them with investigations. They can compel attendance from members of the public and because of parliamentary privilege , MP’s can ask them questions without the fear prosecution

Question 37

Example of a select committee member to prove the high quality of chairs picked

Answer 37

Sarah Wollaston MP has been chair of the Health and Social Care Committee. As a former general practitioner and an independent former Conseravative MP, she is ideally suited for this role by other MPs since she has the expertise and confidence to lead scrutiny of the Department of Health and Social Care

Question 38

Advantages of Select Committees

Answer 38

Provides one committee scrutinising each departments executive process in detail

Select committees consult widely with ministers, civil servants and experts, and can send for ‘persons papers and records’ to help them with their investigation

Stimulates further debate on important issues both in Parliament and beyond

Influences government policies
- Expert witnesses and the non partisan way in which they work ensures they can have significant impact on government policy

Chairs can be of high quality
- Sarah Wollaston, Health Committee

Backbench MPs have the opportunity to scrutinise the executive and bills passed through Parliament
-Gives voice to backbench concerns

Can compel attendance due to parliamentary privilege- Can ask potentially controversial questions without fear of prosecution

Question 39

Disadvantages of select committees ?

Answer 39

Select Committees can only advise the government ny making recommendations, which are non-binding: they cannot force the government to implement their suggestions

The more able and ambitious MP’s tend not to get involved with committee work

Ministers cannot be forced to undergo trials by committees (don’t have to turn up)
- When Boris Johnson was under scrutiny of the Transport for London Committee in 2009, which was investigating the impact of heavy snow on public transport in the capital, he simply called time and walked out

Question 40

How can a dissatisfactory meeting with the committee tarnish the reputations of ministers ?

Answer 40

If a minister fails to provide satisfactory answers to a select committee, or demonstrates a lack of understanding, it can have serious repercussions on his or her career

Question 41

Can you give an example of a time a dissatisfactory meeting with the committee tarnished the reputations of a minister ?

Answer 41

This was evident when the Home Affairs Committee questioned former home secretary, Amber Rudd in 2018. She denied knowledge that the Home Office had set migrant removal targets, which conflicted with the evidence provided in a perovs statement heard by the committee

(serves as a good example of how select committees hold ministers to account and reveal inconsistencies)

Question 42

What are Lasion commitees ?

Answer 42

The Lasion Commitee represents the chairs of all the select committees and regularly questions the prime minister

Question 43

The advantages of Lasion Commitees

Answer 43

It is signifcantly less confrontational than PMQT and its form of questioning allows greater oppurtunties for extended discssuon

The reputation of its memebrship also means that it is highly infulential in holding the PM to account