The structure and role of Parliament

Question 1

Name 4 ways in which the executive can be scrutinised

Answer 1

• Select committees
• Opposition
• Pm question time
• Debate

Question 2

How do Select Committees scrutinise the executive
- example (health select committee 2011)
- limitation/ eval (boris, transport)

Answer 2

• They do this by carrying out inquiries, writing reports, carrying out question and answer sessions
• eg. Health Select committee 2011 - identified problems with the coalition’s NHS reform - helped persuade the government to make changes
• 2021 = treasury committee advised to continue furlough scheme which the gov took on board
• They can conduct detailed examinations of issues, and ensure accountability, through the use of experts
• limitation: Select committees have little power - government aren’t required to accept their recommendations, they accept 40%
• eg. when Boris Johnson (as mayor of London) was under the scrutiny of the Transport 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 3

How do PMQs scrutinise the executive
- example (may vs corbyn 2018)
- limitation/ eval (blair vs major 1997)

Answer 3

• It forces the PM to engage with the opposition in debates - they cannot ignore issues
• eg. Corbyn asked Theresa May about whether she was to blame for the destruction of the ‘Windrush’ generation’s landing cards during one PMQs session, in which May refused to answer that question in 2018

PMquestioned Keir Starmer due to low = 98.4% of reported rapes do not end in prosecution.
But Mr Johnson sparked anger during Prime Minister’s Questions in the Commons after trying to bat away questions, telling MPs: “They jabber, we jab. They dither, we deliver.

• 2022 = Johnson was questioned over his December 2021 parties = dismissed it and wanted to ‘get on with the job’

-Question Time is not an effective form of scrutiny- there are rarely proper answers given to questions, and it often turns into a petty, points-scoring exercise

• 2014 poll : 67% argued that it was a point-scoring exercise
• eval: However, criticisms of the government, like Blair’s statement ‘weak, weak, weak’ to Major in 1997 was used by the media as a way of criticising the governing party and the Prime minister.
• This can be harmful at general elections for that governing party, showing that PMQs can be effective in holding the government to account to an extent.

Question 4

How does the HoL scrutinise the executive
- example (EU)
- limitation/ eval parliament acts and Salisbury convention)

Answer 4

• reformed house of lords , in which no party has a majority, is an effective revising chamber - often force the government to rethink legislation

eg. EU withdrawal bill went through 5 amendments in the lords - had to create a custom union with the EU
- executive had to give a statement on steps taken to negotiate an agreement

limitation: The government is usually able to overturn the amendments made by the house of lords - use parliament act 11 and 49 to bypass opposition in the lords

• Salisbury convention
• justified as they are an unelected body

Question 5

How do votes of no confidence scrutinise the executive
- example (2009 Ghurka veterans)
- limitation/ eval (commons majority)

Answer 5

• The opposition can put forward a motion of no confidence if they feel the government has been inept. - There will be a vote and if the government lose the vote at the end of that debate, they are expected to hold a General Election
• Theresa May’s Conservative Government faced a no
  confidence motion in January 2019 over her Brexit withdrawal agreement, which the opposition felt would compromise British control over its borders but won by 19 votes, so it was not necessary to
  hold a General Election.

-A motion of no confidence is the ultimate power that Parliament has
over a Prime Minister and their government as it gives them the opportunity to oust a
government based on its performance.

• limitation: the last time a prime minister was defeated
  by a vote of no confidence was in 1979 - is it still effective?

Question 6

How does the public bills Committees scrutinise the executive
- example
- limitation/ eval

Answer 6

• temporary / ad hoc
• allow backbenchers to scrutinise bills - can make changes to government bills

eg. 2016 - investigatory powers act - surveillance on journalists was limited

limitation: government always has a majority on committee = membership is chosen by the whips = loyal MPs are more likely to be picked

only 0.5% of bills are changed = not effective

Question 7

3 limitations the house of lords has to scrutinise the government
1. hunting act
2. european referndum act 2015
3. finance act 2021

Answer 7

1 Parliament acts 1911 and 49

eg. This has been used 4 times since 1949, most recently in the passage of the Hunting Act (2004). - which the house of lords disproved of.

2. Salisbury Convention

eg. in the 2015 General Election Conservatives made a clear manifesto promise that they would hold a referendum on EU membership. When they won a majority, they legislated for this with the European Union Referendum Act (2015). Therefore, whilst three amendments were suggested and voted on by the Lords, the bill itself was never voted on.

3. Financial Privilege - convention that the House of Lords do not vote against supply bills (bills that dictate how money will be spent or taxes will be raised). - because of lack of democratic legitimacy

eg. the Finance Act 2021 was debated for a total of 2 hours and 22 minutes in the Lords and it was not referred for Committee Stage and was never voted on.

Question 8

How does Debate scrutinise the executive
- example
- limitation/ eval

Answer 8

• Debates provide an open floor for MPs to speak and question members of the Government

eg. Syrian air strikes 2013 debate - Cameron proposed air strikes against Al Assad
- defeated as 30 conservatives voted against him 285 -272
-parliament effectively took the lead in determining foreign policy

limitation: many mps have already decided how they will vote - by whips according to gov majority

• many debates are poorly attended - speeches are made for publicity

Question 9

3 ways backbench MPs can scrutinise the government

Answer 9

rebelling on votes
eg. December 2021 - 99 conservative mps voted against easing of covid restrictions

sit on committees - back bench business committees
- decide topics for debate - gives opportunities to backbench Members of Parliament to bring forward debates of their choice.

eg. Eu referendum - which ultimately ignited change

Ask questions
- boris johnson questioned on involvement in lockdown parties 2021