The Role And Structure Of Government Flashcards
What is scrutiny of legislation?
- HoC shares power w/HoL
- All backbenchers serve on legislative committees; examine proposed legislation to see if it can be improved
- Weak aspect of HoC - rarely amend legislation with approval of gov
What is national debate?
- national issues that are more important than party politics; constitutional issues.
- eg - Article 50, Brexit negotiations
What is representation of interests?
- constituents, sections of society, cause
- Orgs such as Countryside Alliance, Age UK enjoy support of MPs
- campaign groups encourage supporters to write to MPs to further cause
- issues like sex equality, race/community, ageing, counter-extremism transcend party values
What is constituency representation?
- strength
- constituents/interests repped by MPs
- can lobby minister, raise matter in HoC, raise campaign
- can lead to conflict of interests
- individuals can approach MP for help w/disputes concerning public bodies
What is government accountability?
- most important political function
- gov cannot be accountable to ppl other than during general elections, HoC holds gov to account: PMQs, select committees/public accounts committee, HoC can refuse to pass legislation, votes of no confidence
What is legitimation?
- considered most important constitutional function
- gov makes laws, needs way of making sure it’s ‘will of the people’
- MPs elected vote on legislation, making law-making process more legitimate
What is legislating?
- process of passing laws
- backbenchers can develop own legislation -> private members’ bills
- MP can present bill, but likely unsuccessful -> parliament/its members do not make laws
What is a public bill?
- law that affects general public -> can be gov bill or introduced by minister
- proposed changes to law as applied to general population
- most common
- Education and Adoption Bill 2015
How is HoC structured?
- wholly elected; made up of MPs; 650 seats - 1 constituency = 1MP
- some MPs hold ministerial positions (executive)
- electoral commission - oversight of constituency size/population change
How is HoL structured?
- more undemocratic
- life peers/hereditary peers (92) - Lords Temporal
- Before CRA 2005 - Law Lords
- Lord Spiritual - religion affiliated figures (26)
- more independents/cross bench peers
- can be appointed/chosen on individual merit (PM nom)
- specialists in certain areas, not politicians
What is the role of Public Bill Committees?
- set up by HoC to scrutinise details of particular bills in committee stage; temporary; take place in public bar one brief session
- not very effective - exist/do scrutinise and take/hear evidence; don’t scrutinise well - gov has majority, lack the continuity of other permanent committees
What is the role of select committees?
- permanent/active bodies who hold gov accountable and make sure they are performing duties properly; every gov department is shadowed by one
- more effective - chaired by opposition, less whip power, access to restricted docs, gov must respond; only advisory (gov accepts 40% of recommendations), governing party still has majority
What is the role of Lords Committees?
- investigates public policy, proposed laws, gov activity; six main ones (EU Committee, Science and technology committee, communications committee, constitution committee, economic affairs committee, international relations committee), also ad hoc (Covid-19 committee)
- not effective; may perform the scrutiny well due to experts, but has fundamentally less power/legitimation and can only recommend
What are the four potential types of opposition?
- Official Opposition
- Other opposition parties
- Intra-party - opponents within governing party
- Intra-party - can be disagreements between different parties in gov during coalition
What is the purpose of opposition?
- offer scrutiny/potential checks on gov; must also offer viable/practical alternative solutions
How can opposition challenge gov?
- Leader of OO has special privileges in debates/HoC business; opening + 5 more questions at PMQs; only MP allowed to respond; first right to reply to major statements by PM
- 20 opposition days - choose topic for debate
- member of shadow cabinet can also ask questions of ministers/propose alternative policies
- select committees often produce reports critical of gov policies/implementation
What factors affect the power of opposition?
- parliamentary arithmetic - gov w/small majority enables more power for opposition; greater chance to defeat gov on legislative plans
- context - in times of national emergency; opposition parties had to be seen as largely supportive of gov when national unity main priority
What are the strength and weaknesses of opposition?
S - OO gets extra funding/privileges; opposition can position itself as alternative gov; can check/even change gov policy; backbench rebels
W - gov possesses greater resources, control of parliamentary businesses, chooses topic for most debates; much depends on quality of shadow cabinet ministers/how well they perform; successes rare; successful rebellions rare
How welll does parliament perform its representative role?
Well - all parts of UK repped through 650 constituencies of roughly equal size; wide range of parties in HoC; HoC becoming more diverse - 263 women elected in 2024, 6% MPs elected in 2019 opening identified as LGBTQ+
Not Well - not all constituencies equal in population size; FPTP favours two largest parties/regionally concentrated ones; women still underrepresented (1/2 electorate, 40% MPs in 2024)
What is the Burkean/trustee theory?
- elected officials should take into account constituents’ views, while employing personal judgement; constituents entrust their elected officials to rep them
What is the delegate theory?
- states that elected officials are mouthpieces for constituents
What is the mandate theory?
- advocates that MPs primarily there to carry out/rep their party’s policies/manifesto
What is secondary legislation?
- many laws derived from SIs (provisions within primary legislation to introduce new clauses/changes)
- Eg Misuse of Drugs Act 1971 - 2024 Order amended classification.
What are ballot bills?
- form of private member bill; have best change of become law/being properly debated
- ballot w/20 names drawn out
- eg Pet Abduction Act 2024.
What are ten minute rule bills?
- policy aspirations put into legislative language to secure 10 minute speaking slot during prime time in HoC after question time
- party whips decide slots
- Offensive Weapons Bill (May 2024 - in second reading).
What are presentation bills?
- any MP permitted to intro bill of choice, having given prior notice to public bill office
- during Friday sitting only, after all ballot bills on order
- no speech or debate
- Eg Bus Services Bill (May 2024 - awaiting second reading).
What is parliamentary privilege?
- exemption of MPs/peers from laws of slander/contempt of court to uphold free speech; doesn’t apply beyond Westminster
What is an emergency debate?
- granted at speaker’s discretion; must be important matter; MP has 3 minutes to put request to House if granted.
- 2018 - Stephen Twigg about Yemen.
How effective are PMQs?
- For - high profile, widely publicised; forces PM to directly address key issues of day; keeps PM accountable to parliament
- Against - gives misleading/distorted image of how gov scrutinised; environment for political point scoring; many MPs from ruling parties use as opportunity for questions solely intended to show gov in good light
What is the redress of grievances?
- the right to make complaints/seek assistance of gov without fear of punishment or reprisals
How effective are select committees?
Effective:
- cover range of topics - economic affairs to work of gov departments; one shadows each gov department.
- can scrutinise some executive appointments/hold hearings.
- can be chaired by opposition.
Not effective:
- reports don’t have to be listened to eg only 40% recommendations accepted.
- becoming higher profile; not much attention from public.
- gov party always has most seats
How effective are general committees?
Effective:
- entrenched part of legislative process; faster processing of bills.
- public -> improves scrutiny.
- outside evidence.
Not effective:
- gov majority.
- can end up with parliamentary ping-pong.
- delegated legislation committee - good way to bypass parliament.
How effective are joint committees?
Effective:
- two different sources of knowledge (MPs/peers).
- promotes idea of parliamentary sovereignty; for Lords especially.
- permanent meet regularly.
- public
Not effective:
- makes unelected body more powerful.
- don’t necessarily lead to change (provide reports).
How effective are Grand Committees?
Effective:
- needs to be unanimous -> democratic.
- increases regional representation; Scottish/Welsh debate issues relation to region; Regional Grand Committee includes East Midlands, East of England, North East/West Midlands.
Not effective:
- hard to be effective if can’t reach decision.
- NI -> unstable
How effective are backbenchers in scrutinising government?
Effective:
- rise in rebellions; political scientists calculated that coalition MPs rebelled in 35% of divisions 2010-15; 28% in 2005-10.
- increased in use of urgent questions; Bercow allowed 3,547 in 2009-13; eg Damian Green had to answer question from Stephen Timms.
- if gov thinks it will fail in passing legislation, it may drop motion rather than risk defeat eg House of Lords reform bill dropped after 2nd reading in 2013.
- creation of Backbench Business Committee in 2010; allow as to choose topic for debate on 35 days each parliamentary session.
Not effective:
- Public Bill Committees - gov majority; power of patronage/loyalty reinforced by whips remains important factor.
How effective is opposition at scrutinising government?
Effective:
- 20 days a year to propose subjects for debate; 17 to official opposition.
- have leading role in responding to gov programme set out in Queen’s speech/budgets.
- assistance available to carry out parliamentary business; helps with running cost of opposition’s office.
Not effective:
- days for debate is only of symbolic importance; allows parties to register their views.
- Tory gov cut amount for assistance after 2015; should make sacrifices in time of cuts.
- if there is opposition motion, gov normally tables amendment cancelling it out; strong gov -> easy to pass.
- even if leader of the opposition is judged to be effective eg William Hague, it does not make much of an impression in public eye.
How effective are PMQs in scrutinising government?
Effective:
- held once a week; regular/relevant.
- Downing Street prepares for event; Blair called it ‘nerve-wracking’/‘courage-draining’.
Not effective:
- stage management of MPs to make PM look good; heckle opposition to make PM look more powerful.
- is gladiatorial with no real purpose; Cameron directed comments to Corbyn about his appearance which as nothing to do with legislative scrutiny.
How effective are committees in scrutinising government?
Effective:
- work respected as is based in evidence; televised/reported in media; Transport SC held Transport Secretary to account for problems over West Coast Main Line rail franchise in 2012.
- have direct influence on gov policy; 2014 - Home Office took Passport Office back under ministerial control following critical report by Home Affairs SC.
- long-serving members can gain more knowledge of particular policy area than minister; some become public figures; Margaret Hodge more influential as chair of Public Accounts SC than as gov minister.
Not effective:
- gov only accepts 40% of SC recommendations which rarely involve changes in policy.
- can cover only limited range of topics; high turnover rates; MPs do not attend regularly.
What are the advantages of public bill committees?
- allow backbench MPs to scrutinise legislation in greater detail than possible in debate.
- normally two joint chairs - one from opposition, one from governing party.
- can/do make effective changes to gov bills eg Investigatory Powers Act 2016 -> additional safeguards on protect journalists (electronic surveillance).
- provide opportunities for pressure groups/individuals; outside evidence.
- expert witnesses called; environmental activist/writer George Monbiot gave oral evidence to 2019-21 Environmental Bill Committee.
What are the disadvantages of public bill committees?
- membership usually includes relevant gov minister.
- membership decided in proportion to party strength in HoC; gov always has majority.
- 0.5% of opposition amendments accepted.
- membership temporary; MPs don’t build up expertise in policy area; 8% MPs on bill committees also sit on relevant departmental select committees.
- membership divided by party whips via selection committee; party loyalists likely to be chosen.
What is the role of the civil service in select committees?
- often summoned to hearings to explain/justify perceived mistakes/failings of departments; must be honest/not knowingly minded; politically neutral, so owe degree of loyalty to ministerial masters.
- Osmotherly Rules - accountable to ministers, who are accountable to parliament; not to give personal views; personally accountable for implementation of gov rules/cannot shift blame to ministers; can refrain from giving evidence.
What is the role of whips?
- in charge of party discipline/ensure MPs stay loyal; three-line whip indicates party leadership expects all MPs to vote certain way.
- whip can be withdrawn from MP; usually temporary sanction; Nadine Dorries in 2012 on I’m a Celeb without informing party leadership/whips.
- can be withdrawn for political disloyalty; Sept 2019 - Johnson removed whip from 21 Tory rebels over Brexit bill.
What is the legislative process like?
- First reading - intro of bill; no debate.
- Second reading - main debate; defeat very rare - last happened in 1986 when Sunday Trading Bill defeated.
- Committee stage - public bill committees scrutinise bill line by line; can suggest amendments; members appointed by party whips; nearly 2/3 members 2000-2010 brought expertise.
- Report stage - any amendments discussed; opportunity for further amendments to be put to vote.
- Third reading - final debate on amended version.
- HoL stages - same process if passed; parliamentary ping-pong eg Prevention of Terrorism Act 2005 considered 5 times by Lords, 4 by Commons over 30 hour period; Commons can invoke Parliament Act if not agreement.
What is the aim of English votes for English laws?
- English MPs can veto bills/parts of bills that only apply to England.
- bills only affecting England must be passed by a majority of both all MPs and English MPs.
- in first year of operation, nine bills certified as requiring EVEL procedure; in none of 14 votes held was gov defeated.
- abolished in July 2021.
- introduced following Scottish Independence Referendum.
CASE STUDY: Brexit bills/Commons
- Miller won SC case in Jan 2017, forcing gov to get parliamentary approval for Brexit legislation/triggering Article 50.
- European Union (Withdrawal) Act passed 2018 - repealed European Communities Act; one amendment of proposed 470 made it so parliament would have vote on final deal.
- Jan-March 2019 - Commons defeated bill twice; third vote in April - defeated; Commons passed two votes in two days to take control of business -> backbenchers in control.
- European Union (Withdrawal) (No. 2) Act - required PM (Johnson) to seek another extension; Johnson attempted to prorogue parliament for longer than usual (ruled illegal by SC in Sept).
- European Union (Withdrawal Agreement) Act 2020 passed by majority of 99.
Describe the evolution of democracy in the UK Parliament since the nineteenth century.
The evolution of democracy in the UK Parliament has been marked by significant reforms that expanded the electorate. Starting with various parliamentary reform Acts, the most notable change occurred in 1928 when full female suffrage was achieved, allowing women to vote on equal terms with men.
How has the balance of power between the two chambers of Parliament changed in the twentieth century?
- Balance of power between HoC and HoL shifted significantly, primarily due to the Parliament Acts of 1911 and 1949; limited the HoL’s’ ability to block legislation, effectively transferring real political power to the Commons.
- As result, Commons became dominant chamber, reflecting the democratic principle that elected representatives should hold the most authority in the legislative process.
Define the impact of increased diversity in the House of Commons.
The increased diversity in the House of Commons is a direct result of the expansion of democracy and the efforts to ensure that Parliament reflects the demographics of the UK population.
Explain the trend towards centralised control and its implications for parliamentary independence.
- has led to a decrease in independent voting and policy-making among MPs; allows governing party to exert significant influence over parliamentary proceedings, often limiting scrutiny of the executive. However, recent years have seen a rise in rebelliousness among backbench MPs, challenging party discipline and asserting their independence, as exemplified by Theresa May’s struggles with her Brexit deal.
Discuss the role of committees in the modern UK Parliament.
- increasingly important, serving as vital forums for discussion and debate outside the often contentious atmosphere of the main chambers.
- allow for more detailed examination of issues/legislation, fostering collaborative environment that contrasts with the adversarial nature of sessions like PMQs.
Describe the impact of broadcasting on the UK Parliament since 1989.
- raised profile of Parliament, allowing electorate to become more familiar with its procedures, personalities, and tone.
- transparency has enabled citizens to witness effective parliamentary debates and less distinguished contributions.
- encouraged public engagement and accountability, as constituents can observe their representatives in action.
How has devolution and EU membership influenced UK policy-making?
- has shifted significant policy-making power away from Westminster.
- Many laws/policies now determined in regional parliaments or in Brussels (until 2020), particularly in areas like trade and agriculture where the EU had substantial influence.
- has led to more complex governance structure, where local and regional issues are addressed more directly by local governments.
Define the role of the Prime Minister in Parliament.
- most important figure in Parliament, leading the largest party in the Commons.
- PM commands an overall majority, which is crucial for controlling parliamentary business and influencing legislative outcomes.
How is the Speaker of the House of Commons elected?
- through a series of ballots by MPs, ensuring that Speaker has confidence of the House.
- eg Lindsay Hoyle was elected on the fourth ballot in November 2019 and was unanimously re-elected following the general election in December of the same year.
- process emphasises importance of impartiality, as Speaker must represent all MPs regardless of party affiliation.
Describe the role of the Speaker in the House of Commons.
- plays a crucial role in maintaining order and impartiality during debates.
- traditionally renounces any party allegiance to ensure fairness in proceedings.
- during elections, typically runs unopposed by major political parties. However, the role has faced scrutiny and controversy in recent years, particularly regarding the conduct and decisions of individual Speakers.
Define the responsibilities of the Leader of the House of Commons.
The Leader of the House of Commons, currently held by Lucy Powell, serves as the government’s business manager within the Commons.
- involves ensuring that the legislative process runs smoothly from the executive’s perspective eg scheduling bills, communicating upcoming business to the Commons, and coordinating with the gov’s chief whip to manage parliamentary proceedings effectively.
What challenges have recent Speakers of the House of Commons faced?
Recent Speakers have encountered significant challenges, particularly regarding public perception and internal party dynamics.
- John Bercow faced allegations of favouritism towards opposition MPs during Brexit and accusations of bullying from former staff, which he denied.
- reflects the increasing scrutiny and pressure on Speakers to maintain impartiality while navigating complex political landscapes.
What are frontbenchers?
- refers to members of the governing party/parties who are ministers and opposition MPs who are shadow ministers, sitting in the front rows of the Commons chamber.
Who are Backbenchers?
Backbenchers are ordinary MPs who are neither ministers nor shadow ministers. They may be loyal party followers or independently minded MPs, some of whom have criticized their party leadership.
Can you provide an example of a rebellious Backbencher?
Former Labour leader Jeremy Corbyn is an example, as he frequently rebelled against the Labour government and its leadership from the backbenches between 1997 and 2010.
