The Role And Structure Of Government

Question 1

What is scrutiny of legislation?

Answer 1

• 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

Question 2

What is national debate?

Answer 2

• national issues that are more important than party politics; constitutional issues.
• eg - Article 50, Brexit negotiations

Question 3

What is representation of interests?

Answer 3

• 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

Question 4

What is constituency representation?

Answer 4

• 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

Question 5

What is government accountability?

Answer 5

• 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

Question 6

What is legitimation?

Answer 6

• 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

Question 7

What is legislating?

Answer 7

• 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

Question 8

What is a public bill?

Answer 8

• 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

Question 9

What is the composition/party allegiance in HoC, 2023?

Answer 9

Cons - 352 (265 M, 87 W) ………….TBC

Question 10

How is HoC structured?

Answer 10

• 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

Question 11

How is HoL structured?

Answer 11

• 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

Question 12

What is the role of Public Bill Committees?

Answer 12

• 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

Question 13

What is the role of select committees?

Answer 13

• 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

Question 14

What is the role of Lords Committees?

Answer 14

• 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

Question 15

What are the four potential types of opposition?

Answer 15

• Official Opposition
• Other opposition parties
• Intra-party - opponents within governing party
• Intra-party - can be disagreements between different parties in gov during coalition

Question 16

What is the purpose of opposition?

Answer 16

• offer scrutiny/potential checks on gov; must also offer viable/practical alternative solutions

Question 17

How can opposition challenge gov?

Answer 17

• 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

Question 18

What factors affect the power of opposition?

Answer 18

• 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

Question 19

What are the strength and weaknesses of opposition?

Answer 19

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

Question 20

How will does parliament perform its representative role?

Answer 20

Well - all parts of UK repped through 650 constituencies of roughly equal size; wide range of parties in HoC; HoC becoming more diverse - record 220 women elected in 2019, 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, 34% MPs in 2019)

Question 21

What is the Burkean/trustee theory?

Answer 21

• elected officials should take into account constituents’ views, while employing personal judgement; constituents entrust their elected officials to rep them

Question 22

What is the delegate theory?

Answer 22

• states that elected officials are mouthpieces for constituents

Question 23

What is the mandate theory?

Answer 23

• advocates that MPs primarily there to carry out/rep their party’s policies/manifesto

Question 24

What is secondary legislation?

Answer 24

• many laws derived from SIs (provisions within primary legislation to introduce new clauses/changes)
• Eg Misuse of Drugs Act 1971 - 2024 Order amended classification.

Question 25

What are ballot bills?

Answer 25

• 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.

Question 26

What are ten minute rule bills?

Answer 26

• 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).

Question 27

What are presentation bills?

Answer 27

• 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).

Question 28

What is parliamentary privilege?

Answer 28

• exemption of MPs/peers from laws of slander/contempt of court to uphold free speech; doesn’t apply beyond Westminster

Question 29

What is an emergency debate?

Answer 29

• 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.

Question 30

How effective are PMQs?

Answer 30

• 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

Question 31

What is the redress of grievances?

Answer 31

• the right to make complaints/seek assistance of gov without fear of punishment or reprisals

Question 32

How effective are select committees?

Answer 32

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

Question 33

How effective are general committees?

Answer 33

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.

Question 34

How effective are joint committees?

Answer 34

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).

Question 35

How effective are Grand Committees?

Answer 35

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

Question 36

How effective are backbenchers in scrutinising government?

Answer 36

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.

Question 37

How effective is opposition at scrutinising government?

Answer 37

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.

Question 38

How effective are PMQs in scrutinising government?

Answer 38

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.

Question 39

How effective are committees in scrutinising government?

Answer 39

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.

Question 40

What are the advantages of public bill committees?

Answer 40

• 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.

Question 41

What are the disadvantages of public bill committees?

Answer 41

• 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.

Question 42

What is the role of the civil service in select committees?

Answer 42

• 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.

Question 43

What is the role of whips?

Answer 43

• 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.

Question 44

What is the legislative process like?

Answer 44

1. First reading - intro of bill; no debate.
2. Second reading - main debate; defeat very rare - last happened in 1986 when Sunday Trading Bill defeated.
3. 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.
4. Report stage - any amendments discussed; opportunity for further amendments to be put to vote.
5. Third reading - final debate on amended version.
6. 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.

Question 45

What is the aim of English votes for English laws?

Answer 45

• 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.

Question 46

CASE STUDY: Brexit bills/Commons

Answer 46

• 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.