2.4 Parliament's interaction with the Executive Flashcards
(39 cards)
1
Q
4
Describe the backbench business committee (BBBC)
A
- Set up in 2010
- Committee can schedule debates across 35 days (including 27 HoC debates)
- Committee contains 8 backbenchers across 3 largest parties
- Backbenchers can pitch topics for debate
2
Q
2
Give examples of BBBC debates
A
- Sept 2010, motion calling for continued deployment of UK armed forces in Afghanistan - first time MPs could vote on issue and gave overwhelming majority to motion
- 2011, motion calling for national ref on EU membership - yet government imposed three line whip to vote against motion (limit)
3
Q
2
Describe the success of the BBBC
A
- Has led to greater backbencher control of parliament against the otherwise dominant executive
- Policy changes can be attributed to work of BBBC e.g. badger culling banned (with cross-party support) against government policy
4
Q
5
Describe the limits of the BBBC
A
- Changes to the selection of BBBC members in 2012 (see below card)
- Minor parties only get one observer to represent interests
- Members of govt attend BBBC debates on ad hoc basis - days of debate not guaranteed
- Committee time taken up with e-petitions on requests from petitions committee
- BBBC not able to table legislative bills - votes on non-binding motions
5
Q
2
Describe changes to the election of BBBC members in 2012
A
- Changed so that parties elected own members
- BBBC opposed proposals, yet members whipped to pass change - demonstrates executive dominance over legislature
6
Q
Is the privileges committee a select committee?
A
No
7
Q
3
Describe the Petitions Committee
A
- Created in 2015 to recommend debates on petitions that reach 100k signatures
- March 2022, committee arranged debate on waiving visa requirements for Ukranian refugees
- Make requests to BBBC for debates
8
Q
6
Describe adjournment debates
A
- Take place at end of each day’s sitting
- MPs apply to speaker to ask question
- Other MPs can ask follow-up questions if minister and backbencher agree
- May raise issues of signfiicant public interest
- e.g. in 2020 Neil Parish MP’s adjournment debate called on BBC to protect regional news programmes
- Limited to 30 mins and rarely attended by MPs
9
Q
4
Describe Early Day Motions (EDMs)
A
- Introduced to MPs urging debate on specific issue
- Most not debated
- Yet signatures can demonstrate parliamentary support for particular issue, especially if many MPs lend support to motion
- e.g. Caroline Lucas put forward EDM in 2011 to ‘save our forests’ against Coalition plans to privatise forests
10
Q
3
Describe Emergency Debates
A
- HoC standing order 24 allows MP to request emergency debate
- If speaker approves, MP has 3 mins to make case and then HoC decides whether emergency debate takes place
- e.g. Letwin Emergency Debate 2019
11
Q
3
Describe urgent questions
A
- MP can apply to speaker if they believe minister needs to address issue instantly
- e.g. 2022, Raynor posed urgent question to PM asking if he had knowingly broken lockdown rules during Partygate scandal
- limit - Liz Truss did not attend urgent question posed by Kier Starmer on state of economy after Kwarteng sacking
12
Q
3
How has the power of backbenchers changed in recent times?
A
- Increasingly rebellious e.g. 2018 EU Withdrawal Bill
- Governments may change contentious parts of bill to win support
- Greater powers since Wright Reforms of 2010 - establishment of BBBC
13
Q
2
Describe parliamentary priviledge
A
- Protects MPs from laws of slander (defamation) when speaking in chamber
- e.g. Andy McDonald MP accused Ben Houchen of corruption at Teesport
14
Q
3 - (5) (4) (3)
Describe reasons why the influence of backbenchers has increased in recent times
A
-
Expansion of committee powers to scrutinise Government
- Greater independence of select committees which are exclusive to backbenchers - chairs elected by secret ballot
- interview government ministers and bring in experts to aid enquiries
- limited influence from whips allows for genuine scrutiny e.g. David Davis
- 30-40% committee recommendations end up as govt policy (2015 study)
- Liaison Committee’s stature is effective in scrutinising PM away from ‘theatre’ of PMQs
-
Granted greater control of the parliamentary agenda since Wright Reforms
- BBBC enables MPs to schedule debates on important issues
- Several policy changes can be attributed to BBBC
- Can ask urgent questions, sign EDMs, etc
- Prevents traditional neglect of PMBs
-
Increasingly rebellious
- 2017-2019, factional backbenchers very influential in affecting Government EU policy
- e.g. Letwin Emergency Debate 2019
- led to downfall of several PMs: May, Johnson, Truss
Question may be focused on backbenchers in ‘Parliament’ - so include HoL
15
Q
3 - (4) (4) (4)
Describe reasons why the influence of backbenchers has not increased in recent times
A
-
Committes remain weak in influence
- scrutiny function limited - committee reports hold no binding power
- Govenrment can ignore all recommendations
- no subpoena to get experts to attend e.g. Elon Musk - limits ability to bring in expertise to aid scrutiny
- government can influence membership to reduce scrutiny e.g. Bernard Jenkin
-
Use of secondary legislation circumvents backbencher legislative function
- Increasing use of SIs to remove legislative scrutiny and debate
- outweighs greater influence on palriamnetary debate enabled by BBBC
- can be for significant measures e.g. Coronavirus Act 2020
- reinforces executive dominance of legislative agenda
-
Influence of rebellions dependent on parliamentary majority
- 2017-2019 weakness due to minority govt - Blair suffered no defeats from 1997-2005
- enforcement of whip stronger with larger majority e.g. Windsor Framework only suffered 22 Con MP rebellions despite previous contention of brexit
- enforcement of whip system remains strong in mitigating backbencher power
- therefore influence dependent on election outcomes rather than effective powers steadily increasing
16
Q
5
Describe the role and powers of select committees
A
- Scrutinise department, gather evidence and produce reports (power to send for ‘persons, paper and records’)
- Govenrment has 60 days to respond to reports
- Consult widely with minsiters, civil servants and experts
- Committee reports non-partisan and expertised, but non-binding
- Hold parliamentary priviledge
Note: introduced 1979
17
Q
3
Describe the different types of select committee
A
- HoC committees scrutinise government departments (e.g. Education Select Committee)
- HoL Committtees focus on wider area e.g. constitution
- Committees that scrutinise wider government business e.g. Liaison and Public Accounts Committee
18
Q
6
Describe the membership of select comittees
A
- Exclusive to backbenchers
- Non-partisan, unlike Public Bill Committees
- Traditionally 11 members
- Membership can be increased if committee considered constitutionally significant to gain a wider range of views (Committee on Exiting the European Union had 21)
- Composition reflects party balance in HoC
- Members selected by internal PLP elections
19
Q
3
Describe select committee chairs
A
- Prolific role commanding additional salary e.g. former cabinet minister Yvette Cooper served as Home Affairs Select Committee chair
- Holds important role in directing committee inquiries
- Elected by secret ballot of all MPs
20
Q
3
Describe examples of successful select committee consultations
A
- Amber Rudd forced to resign as Home Sec after lying to Home Affairs Committee that Home Office had targets for deportation of illegal immigrants
- Carrie Gracie (BBC China editor) interviewed by Culture, Media and Sport committee over unequal gender pay in BBC - expert
- David Davis forced to admit no detailed economic-impact reports on brexit had been conducted by Exiting the EU Committee despite previously claiming 57 had
21
Q
2
Describe examples of weak select committee consultations
A
- Elon Musk did not turn up to give evidence to DCMS Committee - no subpoena
- David Davis faced no subsequent action
22
Q
4
Describe the Public Accounts Committee
A
- High profile and most important committee
- Cross-departmenal and produce indepdent, unanimous reports
- Oversee government expenditure and measure value for money
- e.g. scrutinised £285m redevelopments on St Helena Airport in 2016 after it was deemed too windy to be opneed
23
Q
2
Describe membership of the Public Accounts Committee
A
- 16 MPs reflecting parliamentary representation
- Chair conventionally from opposition, currently Dame Meg Miller MP (Lab)
24
Q
4
Describe the role of Liaison Committee
A
- Promoted effective and aggregate scrutiny of government
- Coordinates select committee activity
- Considers overall work and of debates reports from HoC select committees
- Questions and scrutinises PM in extended interviews usually 3 times a year - much more rigorous and forensic than PMQs
Note: created 2002
25
# 3
Describe the membership and chairmanship of the Liaison Committee
* 34 respective HoC select committees chairs + liaison committee chair
* Typically, Committee Chair need not be chosen from incumbent party (e.g. Change UK/LD Sarah Wollaston in 2019)
* Yet Boris Government installed and insisted on Bernard Jenkin, an ally, being appointed chair - though Jenkin lauded for his neutrality
26
# 5
Describe Liaison Committee interviews with PM
* Removed from theatre and confrontation of PMQs
* **not obliged to attend** - but convention to do so
* 2010 - David Cameron answered questions about scrapped aircraft committees
* May’s liaison committee appearances focused on government inability to pass brexit - demonstrated weakness of govt
* 2022 - Boris Johnson liaison committee became confrontational and 'theatre' amid mass ministerial resignations
27
# 3 - (4) (3) (4)
Describe the argument that select committees effectively scrutinise the executive
* **Scrutiny is more forensic and rigorous than other methods e.g. PMQs**
* Interview ministers on controversies and ensure effectiveness of departmental work - politically unwise for ministers to refuse to turn up
* bring in experts to improve ability to scrutinise and imrpove recommendations e.g. BBC China editor
* upholds good governance in way media-focused PMQs cannot
* e.g. David Davis - Committee on exiting EU
* **Membership is expertised which allows for more effective scrutiny**
* Chairs command salaries of junior ministers - attracts high calibre of politicans to role e.g. Yvette Cooper
* experience allows for better scrutiny
* also provides ministerial progression for effective and respected chairs e.g. Tom Tugenhat - scrutiny of future ministerial candidates
* **Non-partisan and independent**
* cross-party membership and chair allocation to each party reflecting parliament make-up
* chairs elected by secret ballot - limited influence from whips, etc
* lends weight to reports and recommendations
* 30-40% committee recommendations end up as government policy (2015 study) - imrpoves executive decision-making
28
# 3 - (3) (4) (3)
Describe the argument that select committees do not effectively scrutinise the executive
* **Select committee scrutiny dependent on government attitude**
* Government does not need to take up recommendations, only respond to reports within 60 days
* especially true if large parliamentary majority - select committees can rarely challenge powerful government as will attract little pressure to take up recommendations
* no subpoena (law of summons) for ministers to attend - bypass scrutiny
* **Contoversy over membership can overshadow select committee work**
* Chair selection can test cross-party cohesion, especially for important committees e.g. Remainer Hilary Benn (Exiting the EU), selection of Bernard Jenkin as Liaison Commitee chair
* Ministerial/shadow frontbench reshuffles can lead to turnover of membership which mitigates ability for members to become experts in that field e.g. defence committee saw 83% turnover during 2010-15
* Inexperienced replacements less likely to be able to effectively scrutinise e.g. Kier Mather MP serves on Treasury Committee despite inexperience
* takes focus away from forensic questioning and reports - reduce ability to scrutinise
* **Greater prominence of select committees has given way to virtue-signalling**
* Interviews of ministers can be used to obtain political capital rather than promoting effective scrutiny of departments
* prominent individuals invited to attend committee hearings unlikely to open themselves up to scrutiny e.g. Elon Musk
* serve to bolster future stature and credibility for promotion rather than effective scrutiny of executive
29
# 5
Describe opposition days
* 20 days set aside to debate subjects chosen by opposition (17 given to leader of opposition)
* poses motions it believes government should justify itself on
* 2009 LD motion on Brown Government failure to provide Ghurka veterans with UK citizenship passed 267-246 (21 vote margin)
* Ed Miliband motion to oppose lifting ban on fracking failed 326-230, but caused Liz Truss downfall due to Government declaring it an effective confidence vote
* Therefore opposition days important in pressuring government to act on areas where its action is lacking
30
# 4
Describe the features of the opposition
* Concerns all MPs/Lords that are not part of governing party/coalition
* Largest of opposition parties is HM Loyal Opposition
* HM Loyal Opposition have shadow cabinet and shadow ministers ('shadowing the government')
* Other opposition parties tend to have official spokespeople for government brief
31
# 5
Describe the role of the opposition
* Scrutinise government through PMQs, urgent questions, etc
* Ensure that government justifies legislative agenda and executive decisions
* Provide alternative government-in-waiting in case of the dissolution of Parliament
* use frontbench spokespeople to focus on government departments they are shadowing, exposing flaws in policy implementation
* shape parliamentary agenda through opposition days
32
# 3 - (3) (3) (2)
Describe the argument that the opposition is influential
* **Provide alternative government-in-waiting**
* Shadow cabinet and shadow ministers of HM loyal opposition recieve significant media focus
* offer alternative policy to government providing voters with choice
* significance of opposition eases transition into government e.g. Starmer's shadow cabinet recieving ministerial training - confirms that opposition is politically powerful
* **Best placed to scrutinise government**
* Allocated number of select committee chair roles e.g. Hilary Benn - effectively scrutinise ministers by bringing in experts for consultation
* PMQs offers chance to portray government as incompent and demonstrate how their opposition party would be better placed to act
* Recieve 'short money' to carry out parliamentary function - highlights regarded influence
* **Shape parliamentary agenda**
* Given 20 Opposition days - limits executive dominance of debate
* scrutinise government bils and PMBs in Public Bill Committees - key part of legislative process
33
# 3 - (3) (2) (3)
Describe the argument that the opposition is not influential
* **A popular government can overshadow the influence of the opposition**
* Popular government likely to attract little criticism - less room for prominence of HM Loyal opposition and especially smaller parties in media focus
* Strong PM can mitigate influence and role of leader of opposition e.g. Blair and Hague
* especially true if Leader of Opposition burdened with internal party divisions, which is acutey prominent in opposition
* **Scrutiny has little impact on government**
* PMQs epitomised by 'theatre' with repetitive questioning
* government cut 'short money' in 2015, reducing opposition capacity to scrutinise
* **A strong parliamentary majority further reduces opposition influence**
* A strong majority reduces ability for opposition to defeat government legislation and demonstrate influence as reliant on internal party rebellion
* rare exceptions e.g. Shops Bill 1986
* therefore opposition role reduced to virtue-signalling (e.g. Opposition Day motions + EDMs carry little weight and are non-binding)
34
# 5
Describe ministerial question time
* Parliamentary business time allocated on Monday and Thursday for oral questions to ministers (1 hour in Commons, 1/2 hour in Lords)
* Reply to questions concerned from opposition spokespeople and backbenchers
* Questions directed to responsibilities of government department in HoC, wider government in HoL
* Ministers compelled to attend in Commons
* e.g. FO had to respond to several questions from MPs on whether Russia-Ukraine War support was working as intended
35
# 3
Describe written questions
* Ministers must respond to written questions within 1 week if originate in HoC, 2 weeks if originated in HoL
* Made publicly avaialable
* Ensure that ministers do not neglect responsibilities to HoC
36
# 5
Describe the features of PMQs
* Weekly questioning of PM at noon on Wednesday
* Leader of Opposition permitted to ask 6 questions to PM
* Leader of next largest party permitted to ask 2 questions
* Backbench MPs can one question - if chosen - on government policy/action or local constituency concern
* PM spends hours preparing for PMQs with team equipped with much more resources (e.g. non-public government figures) than backbench MPs
37
# 3 - (3) (4) (2)
Describe the argument that PMQs serve an important role in scrutinising the government
| Question may concern Ministerial Question Time as well
* **Places spotlight on PM**
* displays PM charisma and ability to uphold position - important for electorate given holistic and diplomatic role of PM
* regular questioning on issues of public concern that PM might intend to avoid in media e.g. illegal parties at Downing Street
* detailed questions and answers e.g. Sunak spoke of reducing students' ability to bring dependents over, affecting 150k, after questions over uncontrolled migration levels
* **Provides avenue for opposition to pose as alternative government**
* Leader of opposition asks 6 questions to build argument - PMQs centres on the 2 leaders
* can impact government policy e.g. government stopped using **premium-rate number** for UC queries following Corbyn question
* alternative government a key part of scrutiny to enocurage the government to better deliver on policy promises
* PMQs can expose inadequacies of opposition e.g. Sunak cited the Labour party taking £700k from unknown Chinese agent - Opposition can improve party processes to better offer alternative choice
* **Allows whole legislature to hold government accountable**
* MPs may ask questions concerning individual constituency matters that would otherwise be neglected by government e.g. John Hayes MP asked PMQ on funding for roads in Lincolnshire
* Provides high-profile interrogation of executive by entire legislature in way alien to presidential/other parliamentary systems were there is much less regular scrutiny
38
# 3 - (3) (3) (3)
Describe the argument that PMQs does not serve an important role in scrutinising the government
* **PMQs focused on 'theatre' rather than effective scrutiny**
* raucous platform electioneering with jeering, soundbites, etc
* PM may deflect question and use popular counterclaim to drum up support e.g. criticism of Starmer support of Corbyn
* discourages genuine debate and thus detracts from key legislative function
* **Government backbenchers often directed to ask supportive questions by party leadership**
* strong party discipline leads to significant portion of PMQ time taken up by worthless questions - though may break down (e.g. David Davis called on Boris to quit)
* incentivised to do so for party promotion, etc
* limits ability of MPs to uphold representative function and scrutinise PM effectively
* **Opportunities for backbenchers to scrutinise limited**
* leader of opposition arguably gets undue focus, especially given their questions also serve primarily to electioneer
* backbenchers must enter ballot or bob to ask questions - rare chance of selection
* small time slot + irregularity of some PMs (Sunak) to attend further reduces scrutiny by backbenchers who do not have same opportunities in media as the leader of opposition
39
# 3
Describe the Teeswork Scandal
* 2023, Andy McDonald MP (Lab) accussed Ben Houchen of corrupt practices at Teeswork developments using parliamentary priviledge
* McDonald refused to repeat claims outside Parliament
* 2024, independent Government report found no evidence of corruption
