Unit 2: Parliament

Question 1

What are the functions of the House of Commons? (6)

Answer 1

1. Legislation
2. Representation
3. Scrutiny
4. Legitimacy
5. Recruitment of Ministers
6. Deliberation (Debate)

Question 2

Functions of the HoC (representation)

Answer 2

• MPs are elected to represent the people
• they aren’t delegates, so an MP is expected to follow his’her conscience (Burkean Notion)
• In practice, MPs can be influenced by their party whips, national interest, self-interest, etc.
• Lords aren’t elected, they can represent certain interests.

Question 3

Functions of HoC (Recruitment of Ministers)

Answer 3

• All ministers derive from Parliament
• Majority are taken from HoC
• Members of executive are appointed by the PM
• PPE fast-track

Question 4

Functions of HoC (debate)

Answer 4

• deliberation is the defining role of Parliament

- in addition to debating on specific laws, the HoC hold general debates on issues of the day.

Question 5

Functions of HoC (legitimacy)

Answer 5

• Parliament awards legitimacy to the government
• Parliament can remove the government on a vote of no confidence (only happened in 1970 against Labour PM James Callaghan)

Question 6

Functions of HoC (legislation)

Answer 6

• Parliament makes laws
• The supreme legislature in the UK
• Can make, amend or repeal any law it wishes
• Parliament is not restricted by a codified constitution and no other law-making body can challenge Parliament’s authority.
• Devolved assemblies, local authorities and ministers can only make laws because Parliament allows them to.

Question 7

Functions of HoC (scrutiny and oversight)

Answer 7

• Parliament does not govern, but its role is to check or constrain the government of the day.
• Can argue Parliament’s most important function is to ‘call the government to account’

Question 8

Arguments in favour of a largely/wholly elected second chamber (democratic legitimacy)

Answer 8

• If elected, HoL would have democratic legitimacy and could act more as a check on the HoC.
• The current chamber is unaccountable and undemocratic due to it not being elected.

Question 9

Arguments in favour of a largely/wholly elected second chamber (representation)

Answer 9

-Having two elected chambers would widen representation.

Question 10

Arguments in favour of a largely/wholly elected second chamber (power)

Answer 10

• HoL could have more power and therefore there would be better legislation.
• The lords are currently restricted to a revising role due to their unelected status, but if elected they would have greater powers of legislative oversight and scrutiny.

Question 11

Examples of the HoL challenging government

Answer 11

1. 2003 - forced government to use Parliament Act to force through the anti-hunting legislation
2. 2004- forced government to accept concessions to the Anti Terrorism Act
3. 2015- temporary exclusion order

Question 12

To what extent is the HoC effective in carrying out its various functions? (scrutiny)

Answer 12

Scrutiny:

1. There are select committees that scrutinise government policy, (19 departmental select committees which shadow the work of each major government departments) - carry out inquiries, write reports, Q&A with ministers etc
2. Question time - PMQs which take place once a week, MPs ask questions to the PM, mainly dominated by clashes between PM and Leader of the Opposition
3. Opposition - on opposition days, the party chooses the subject for date and often criticises government policy.

Question 13

To what extent is the HoC effective in carrying out its various functions? (Legislation)

Answer 13

Legislation:
1. Goes through many stages before it's passed so it's approved: 
-Preparatory stages
-First reading
-Second reading
-Committee stage
-Report stage
-Third reading
etc.
2. BUT EU law supersedes UK law so cannot in practice make, amend and repeal any law it wishes

Question 14

To what extent is the HoC effective in carrying out its various functions? (legitimacy)

Answer 14

1. The people elect the government as they elect representatives to the HoC so they reflect the people ideologically.
2. As FPTP is used, not very legitimate. MPs only have to win a plurality of the vote, not a majority. (election stats)

Question 15

To what extent is the HoC effective in carrying out its various functions? (representation)

Answer 15

1. Yes, ideologically…
2. No, descriptively. 29% of MPs are female, whilst over 50% of the population is female. 6.5% of MPs are of ethnic minorities, whilst 14% of the population is of an ethnic minority. The average age is 50, so younger generations are not represented. MPs are predominantly middle class with many attending private schools and Oxbridge.

Question 16

To what extent is the HoC effective in carrying out its various functions? (recruitment of ministers)

Answer 16

1. Yes- all ministers, from the PM downwards, must either be MPs or peers. Therefore they participate in debates, ask parliamentary questions and sit on committees and future ministers are able to learn their political trade. They gain an understanding of how government works and how policy is developed.
2. No - Ministers are recruited from a limited pool of talent: mainly the MPs of of the largest party in the HoC, Parliamentarians learn speechmaking skills and how to deliver sound bites, but don’t gain bureaucratic or management skills needed to run a government department. Fewer ministers have experience of careers outside of politics.
   EG Ed Miliband became a government minister in 2007 after being in Parliament for only 2 years.

Question 17

Powers of the HoL vs the HoC

Answer 17

HoL:
1. Can delay bills passed by the HoC for up to one year (due to Parliament Acts of 1911 and 1949) with exception of measures outlined in government’s election manifesto.
2. Possess some veto powers - introduciton of secondary or delegated legislation, sacking of senior judges, which can only be done with the consent of both HoP, the extension of Parliament - delays to GE.
HoC:
1. Supreme legislative power - can make, unmake and amend any law it wishes, whilst the lords can only delay laws.
2. Can remove the government of the day - power is based on idea of collective ministerial responsibility.

Question 18

How effective is Parliament? (yes-Party unity)

Answer 18

1. The whipping system maintains party system. The whips ensure MPs know how their party wants them to vote, indicated by debates being underlined once, twice or three times. Must vote in favour of three line whips. Whips can ‘reward’ loyalty by advising promotions. Can punish disloyalty by ‘withdrawing’ the whip (suspending membership of the parliamentary party.
2. Promotion prospects - the ‘carrot’ of party unity. Most backbench MPs wish to become ministers and loyalty is the best way of advancing their careers because it gains them the support of ministers and the whip.
3. ideological unity - most MPs do not need to be forced to ‘toe a party line’ as long-standing party members and political activists ‘believe’ in their party or government.

Question 19

How effective is Parliament? (no-party unity)

Answer 19

1. Instances where MPs have voted against party - e.g. James Callaghan had 45% of MPs vote against government at one point and often had significant number of MPs voting against him - e.g. devolution of Scotland and Wales in 1978.
2. Rebellion of backbench MPs - Tony Blair 2001-2007, banckbenchers rebelled on over 20% of all divisions.
3. This occurs due to MPs being generally better educated than they were in the 50s or 60s - so more independent minded people; more MPs are now career politicians. As politics is their career, they have more time and resources to take political issues more seriously.

Question 20

How effective is Parliament? (yes-size of majority)

Answer 20

1. large majority e.g. Labour government 1997 had a majority of 178 and this government did not have a defeat on government legislation for 10 years.

Question 21

How effective is Parliament? (HoL)

Answer 21

1. HoL is more of a check on the executive.
2. in the lords, the party unity is more relaxed. As the lords are unelected, they don’t need a party backing them to stay in their position. This robs the government of its ability to discipline peers or ‘enforce’ the whip.
3. No majority party in the Lords
4. More assertive Lords, the removal of hereditary peers has encouraged members to believe they have a right to assert their authority.
5. Landslide majorities in commons. Some peers argue they have a duty to check the govt of the day due to Commons becoming ineffective due to landslide majorities (1997 and 2001)

Question 22

Commons reform under Blair (4)

Answer 22

1. Once-a-week PMQs - introduced in 1997, one 30-minute session as opposed to two 15-minute sessions.
   2.Liaison Committee scrutiny - introduced in 2002, twice-yearly appearances of the PM before the Liaison committee of the HoC which is mainly composed of chairs of DSC. The PM is therefore subject to scrutiny by the most senior, expert backbenchers.
2. Freedom of Information Act 2000 - Freedom of information was not a parliamentary reform so much as an attempt to widen the public’s access to information that is held by a wide range of public bodies. Came into full affect in 2005, strengthened parliamentary scrutiny by giving MPs and peers easier access to government information.
   BUT, this Act highlighted details of the expenses of MPs and peers which lead to the 2009 expenses scandal, which undermined the reputation of Parliament.
3. Constitutional Reform - NOT reforms of Parliament, but reforms that have implications FOR Parliament. Devolution, introduction of HRA 1998 and wider use of referendums.
   Devolution - responsibility for domestic legislation in devolved bodies, not Parliament.
   HRA - transferred responsibility for protecting individual rights from Parliament to the courts, as these rights now, in a sense, ‘belong’ to citizens.
   Referendums - given the people final control over a range of constitutional reforms (rather than Parliament)

Question 23

Reform of the House of Commons under Cameron and Clegg (6)

Answer 23

1. Fixed-term Parliaments - prevents PMs from calling GE at a time most favourable to them. Should reduce size of government majorities and make changes in government more frequent.
2. AV referendum - rejected in 2011, AV likely would have boosted representation for ‘third’ parties such as the Lib Dems and could have lead to more hung Parliaments.
3. Recall of MPs - MPs are to be subject to the power of recall, allowing voters to force a by-election where an MP is found to have engaged in serious wrong-doing and having had a petition calling for a by-election signed by 10% of his or her constituents.
4. Publiic initiated bills - the public is to be given the ability to suggest topics for debate in Parliament through petitions that secure at least 100,000 signatures.
5. House business committee - The coalition established this committee which gives backbenchers greater influence over the management of their affairs.
6. Public reading stage - to be introduced for bills, giving the public an opportunity to comment on proposed legislation online. A dedicated ‘public reading day’ within a bill’s committee stage where public comments can be debated by the committee scrutinizing the bill, has also been proposed.