Topic 2 Parliament and Legislation Flashcards
Key Question: Is Parliament representative?
Indicative Representation
Where Parliament is proportionally representative of society
Is the HoC indicatively representative?
Increase in ethnic and gender diversity in recent years:
10% of HoC = ethnic minorities
16% of society
35% of HoC= women
50% of society
HoC= not completely indicatively representative, despite progress in recent years
Is the HoL indicatively representative?
Become more represntative but not completely
Women= 29% of HoL
Average age= 71
Responsive Representation
Representative of the views of the people
Is the HoC responsively representative?
Recalls and each member is elected from their constituency
Representative of the views of the constituency
Is the HoL responsively representative?
1 view- Unelected so not a democratically representative in anyway
Opposing- No party affiliation so limited bias- purely focussed on public opinion
Is Parliament sufficiently independent to hold government to account? NO
“Parliamentary decline thesis”- Mind the Gap Flinders and Kelso- 2011
Suggests:
The widespread view that P has been simplified by growth in power by the Executive has led to a disenchantment of the public from politics
MPs= obedient members of the party rather than independent and representative of whom they were elected
Too closely intertwined:
G= rarely defeated can usually pass policy through P easily using their HoC majority
With strong P loyalty coupled with majorities- leads to the ability to pass any legislation- checks and balances become ineffective
Is Parliament sufficiently independent to hold the government to account?
2 chamber structure with the HoL:
No party loyalty and can reject government policy when the commons hasn’t - First Reading
Backbench rebellions:
Seen recently in the debates surrounding the Rwanda Bill
Are the procedures proposed by the Privileges Committee in its investigation of Partygate unfair?
Public= less likely to find credibility in MPS if they abuse their privilege and lie in P
For P to be representative it must be done through honest means and set a standard for all ministers to follow
Are the proposals by the Privileges Committee “unconstitutional”?
Role of P= to scrutinise G
Their constitutional role= to hold G to account- duty
Role of the Privileges Committee
Cross-party committee who investigate potential contempt of parliament and breaches of P privilege
Criticisms of the Privilege Committee approach
Pannick and Pobjoy:
Claim PC approach was not a fair procedure
Before BJ gives evidence he should be told the case before him
BJ should be able to be represented at hearing/cross-examine any witness
In what ways does the G control the passage of bills through P?
P is formally Sov
However, G controls the Commons agenda (decides what gets debated in P) through timetabling
This control by G limits the scrutiny by P
G can pass L quickly in emergencies: Fast-tracked legislation- COVID 19
Who should control what gets debated and when?
My view: non-political body eg the electorate and then reviewed by the HoL
As then the issues discussed would be reflective of social issues rather than political ones
Mechanisms of Parliamentary legislative scrutiny?
Detailed examination of policy proposals
1) Oral and written questions to ministers (PMQs- 1961)
2) Parliamentary debates
3) Enquires posed by parliamentary select commitees- introduced in 1979
Role of Select Committees (from Parliament website)
“Select committees are small groups of MPs or members of the House of Lords that are set up to investigate a specific issue in detail or to perform a specific scrutiny role. “
What value is added by Parliamentary legislative scrutiny?
Ministers must justify policies in front of an audience. Provides transparency and accountability
Ensures the public voice= heard during the L process
Key point: dependent on G cooperation and the time allowed by gov for debate
Limitations of parliamentary accountability for delegated legislation?
The growth of DL one of the biggest concerns in recent years due to its limited parliamentary scrutiny- accountability gaps
Overuse of delegated legislation= criticised by parliamentary committes/ expert groups
P has become just a rubber stamp- SI’ = unlikely to be defeated in the HoC
Controversies during COVID
Delegated Legislation
Secondary Legislaltion passed by ministers under powers given by Primary Legislation
Eg Statutory Instruments
Problems with the delegation of powers in Bills
Powers to make DL= too broad
Increase in amount of skeleton Bills containing powers rather than policy- not scrutinised by P (due to limited time)
Boundary between Primary and Delegated legislation= blurred
Henry VIII Clauses
Clauses in a bill that enable Ministers to amend or repeal primary legislation by Statutory Instruments
Major constitutional implications= too much power given to the executive
Statutory Instruments
A form of legislation that allow the provision of an act of P to be brought in without P having to pass a new act
Criticisms of Henry VIII powers:
Addressed by Barber (he supports their use though)
Donoughmore Report 1932: Should only be used in times of emergency/ narrow use
Restrict the political power of P
Entrust the Executive to overturn acts of P- restricts PS
Support for Henry VIII clauses:
(Barber)
Barber= in favour of Henry VIII clauses due to its democratic backing
Flexibility in emergencies
Gives power to devolved governments to be protected by UK P- P remains S anyway
Democratic situation of law making- undermines the role of P?
Central theme: tension between governing and scrutiny in the political system
Prerogative powers v PS in Miller 1
Tony Wright view
The tension between ensuring G has the capacity to govern and maintaining its discipline through scrutiny
Tony Wright view on the growth of the Executive
Claims there has been an accountability revolution in Britain
G activities are checked far more frequently than ever before
Claims G has lost some of its governing capacity rather than the claim there was an elected dictatorship like recent years
Reforms proposed by the Select Committee
Justification or scrapping of skeleton bills- as it gives the G too much influence over what Leg is created
Committee suggests a justification of Henry VIII clauses/ limitation of their use- minimises the gov control of Legis as an increase in the power of G cannot be justified by merely speed and flexibility (claims the Select Committee)
Bills should be more clear and have less guidance
An increase in HoL scrutiny of DL will lead to more criticism and accountability of gov
Skeleton Bills
The power of ministers to propose parts of a bill and fill in the rest of the details later
Power given through delegated legislation
Proposal of Reform in the “Delegated Legislation Review 2023” (Hansard Society)
And the problems it addresses
Proposal for a new system of DL:
Problem 1= Boundary between primary and secondary legislation: The current system= no binding rules of what DL can be used for (Addresses the problem of the unjustified increase in power of the executive)
Proposal 1= Gov should negotiate and agree a concordat (agreement) on DL to set the criteria of the matters that can be discussed
Problem 2= No correlation between the importance of SI and the time given for discussion
Gov controls the HoC agenda
Proposal 2= New scrutiny process for SI to ensure P can calibrate the level of scrutiny necessary to contents of the instruments
Would ensure that the topics discussed are relevant and not entirely political- less bias
