To what extent has the House of Commons successfully fulfilled its legislative function? Flashcards
LoA
it hasn’t fulfilled its legislative function effectively
para 1 theme
ease of victory
para 2 theme
opposition and scrutiny
para 3 theme
MPs
para 1 - ease of victory
- The coalition was only defeated twice on legislation in the Commons.
- Blair was not defeated in the commons until 2005, a period of 8 years. This was the same period in which he introduced major constitutional change, including devolution, reform to the house of lords and introducing the HRA
para 1 - however
- The government doesn’t always get its way. For example, in 2015, David Cameron’s government suffered its first defeat in the commons on the rules surrounding the EU referendum. Under the coalition, Parliament was the most rebellious in the post war era, coalition MPs rebelled in 35 per cent of votes.
In 2005, backbench MPs defeated Blair’s plans to extend the detention of terrorist suspects to 90 days - it was his first ever commons defeat. This shows that even despite large majorities, government does not always get their way.
para 1- rebuttal
- More often than not, government will get its way. MPs are unlikely to rebel and favour their own career by supporting the government. Furthermore, even if MPs rebel, large majorities like that of Blair and Johnson can simply swallow up rebellions
para 2 - opposition and scrutiny
Usually governments enjoy majority control of the Commons and are rarely defeated. This undermines. The effectiveness of Parliament. Thatcher who suffered four defeats in 11 years. Blair wasn’t defeated for 8 years
para 2 - however
The May government was defeated heavily over Brexit. This resulted in it returning to the Commons where rebels managed to get concessions from the government over a final parliamentary vote on the Brexit deal. Furthermore, Corbyn used PMQs to overturn the premium rate for calling universal credit
para 2 - rebuttal
- The likelihood that this will happen is very low. The Lords seriously lacks the power to question legislation whilst MP rebellion are rather rare.
- The PM can use the parliament act to force a bill through, although this is very rare. Blair used it when changing the voting system for European Parliament election (1999), equalising the the age of consent for gay and straight people (2000) and banning hunting with dogs (2004)
para 3 - MPs
Backbenchers vote with their party because their career prospects are in the hands of the PM. The whip system is incredibly strong so if MPs want to be successful, they will need to do as they are told. This has meant that PMs have little issue passing legislation. For example, despite a lot of supposed legislation, Boris Johnson was able to introduce a lot of COVID restrictions at relative ease. He has only been defeated three times since the 2019 eleciton showing the power of his majority.
para 3 - however
The May government’s ‘working majority’ was just 13, so she needed to work hard to ensure her MPs back her. If opposition parties work together, they needed only seven unhappy Conservatives and/or DUPs to join their side and the government risks defeat. May faced over 100 resignations and was defeated 33 times during the period from 2017 to 2019, especially over Brexit.
para 3 - rebuttal
The fact is that majorities are incredibly likely with the FPTP system, and majorities basically mean that the government is unlikely to be defeated. Blair wasn’t defeated until 2005.