parliament pt 2 Flashcards

(20 cards)

1
Q

what are the 3 areas where we can asses how effective parliament is

A

legislative
representative
scrutiny

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2
Q

How Well Does Parliament Perform Its Legislative Function - IS EFFECTIVE

A
  1. high legislative output - parliament passes high number of laws due to fusion of powers - gov dominates commons so legislation can be pushed fast
  2. backbench MPs introduce bills - even private member bills can become law with support –> abortion act 1967 and the abolition of death penalty act 1965 were private member bills when introduced
  3. HoL acts as revising chamber - sends back poorly drafted bills for reconsideration –> 2020 the lords sought amendments to Agriculture Bill - strengthen food standards post brexit
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3
Q

How Well Does Parliament Perform Its Legislative Function? - ISNT EFFECTIVE

A
  1. poor legislative quality - govs with large majorities pass laws too fast - avoiding scrutiny and debate
  2. private member bills rarely succeed - due to lack of gov support. EG - in one session only 6% were enacted
  3. gov control dominates agenda - most bills passed r gov sponsored - reduces legislatures independence
  4. lords limited by lack of power - cant permanently block legislation EG - 2020 lords voted to amend EU Withdrawal Bill but commons rejected the changes
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4
Q

How Well Does Parliament Perform Its Representative Function? - IS EFFECTIVE

A
  • more socially representative than in past EG female MPs: 118 (2001) to 263 (2024), BAME MPs 12 (2001) to 90 (2024)
  • reflects public opinion through elections EG - 2019 GE gave Cons clear mandate for Brexit ending political deadlock
  • multiple parties represented - EG - 10 parties won seats in 2019 and there are also independent peers and crossbenchers in Lords
  • MPs respond to constituent needs - MPs helped constituents facing immigration and residency issues post-brexit
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5
Q

How Well Does Parliament Perform Its Representative Function? - ISNT EFFECTIVE

A
  • underrepresentation - only 34% women and 10% minority backgrounds
  • FPTP produces disproportionate results eg 2015 UKIP got 3.8 million votes but 1 seat
  • lord is unelected endermining democratic legitimacy
  • whips reduce independence bc MPs follow parties views rather than thier constituencies
  • MPs prioritise career over representation
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6
Q

How Well Does Parliament Perform Its Scrutiny Function? - IS EFFECTIVE

A
  • parliamentary questions promote accountibility - UQ make ministers respond w short notice. EG - speaker John Bercow allowed many UQs between 2017-19
  • united opposition can be powerful - EG - 2009 opposition parties forced labour gov to provide residency rights to Gurkha veterans
  • HoL plays key scrutiny role EG crossbenchers in lords bring independent expertise and highlight gaps in legislation
  • minority govs face increased scrutiny EG the Benn Act 2019 passed by MPs opposed to a no-deal brexit, forced the gov to seek extension to avoid crashing out of EU
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7
Q

How Well Does Parliament Perform Its Scrutiny Function? - ISNT EFFECTIVE

A
  • some forms of questioning are weak - PMQs described by david cameron as ‘punch and judy show’, govs can use ‘planted questions’ from loyal MPs to avoid difficult scrutiny
  • opposition can be divided and ineffective EG - labour splits over syria airstrikes 2015 (66 labour MPs backed the gov)
  • scrutiny in lords is constrained - parliament acts and sailsbury convention limit the Lords abiloity to reject or delay bills
  • parliamentary ping-pong - occurs when lords and commons dont agree on amendments EG 2020 Internal Market Bill was stuck in ping pong which limited clear scrutiny
  • large majorities weakens scrutiny - between 1997-2004 labour passed most legislation with ease due to its majority - avoiding major defeats
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8
Q

whats parliamentary ping pong

A

when a bill is sent back and forth between the commons and lords due to a disagreement

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9
Q

what are the 2 main types of committeees in the HoC

A

select committees - scrutinise work go gov departments
public bill committees - scrutinise specific pieces of proposed legislation

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10
Q

features of select committees

A
  • 11-15 members chosen by the whole HoC
  • chair is elected by secret ballot and can be from any party
  • governing party has a majority on each committee
  • public reports with recommendations. the gov expected to respond within 2 months
  • gather evidence, call witness and produce in-depth scrutiny
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11
Q

example of a select committee

A

Home Affairs Select Committee
- background - Windrush Scandal - wrongful detention + deportation of long-term uk residents due to harsh Home Office immigration policies
- committee role –> launched april 2018, questioned Amber Rudd (HS at time) and victims, found systemic failings in Home Office and that ministers ignored warnings. then Amber Rudd resigned
- impact - showed select committees deliver real accountability and influence policy reform

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12
Q

ways select committees are EFFECTIVE

A
  1. recommendations taken seriously - 40% oare adopted by the gov
  2. access to oral and written evidence - they can call ministers, civil servants and experts for testimonys
  3. independence from whips and ministers - memership includes backbenchers and opposition MPs - not tightly controlled by gov
  4. consensual tone - committees focus on evidence and policy not political attacks
  5. charing a committe is a serious role - EG Yvette Cooper (Home affairs committee) gave up a frontbench role to focus on effective scrutiny. –> showing charing a select committee now rivals being a minister in influence
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13
Q

ways select committees are NOT EFFECTIVE

A
  1. can only advise - reccomendations are non-binding so gov can ignore them
  2. gov majority can dominate - 2013 theresa may blocked the home affairs committee from interviewing andrew parker, then M15 head
  3. some committees lack independence - 2020 jeremy hunt (health chair) scrutinised a department he had prev led - raising concenerns of bias
  4. not all committees work well together - EU committee criticised for public splits and partisan loyalty
  5. career motivations may limit impact - Rory stewart was chair of home affairs committee but left to become minister - shows ministerial promotion can still outweigh committee roles
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14
Q

what are public bill committees

A
  • temporary committees who examine individual bills line-by-line after 2nd reading in commons
  • established after bill passes 2nd reading
  • dominate by MPs selected by whips
  • ## propose amendments but limited to gov approved changes
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15
Q

arguing that Public Bill Committees are EFFECTIVE

A
  1. detailed line-by-line scrutiny - examine and amend individual clauses of bills
  2. bring expertise from ministers - frontbenchers and shadow minister give expert knowledge
  3. opps to catch overlooked issues - adress flaws missed in earlier stages of debate
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16
Q

arguing that Public Bill Committees are INEFFECTIVE

A
  1. dominated by gov - 99% of ministerial amendments pass - less than 1% non-gov succeed
  2. late in legislative process - by this point bills are seen as a done deal so meaningful changes are unlikely
  3. lack of independence and expetise - eg 2011 Sarah Wollas
17
Q

other types of commons committees

A
  1. liaison committee –> all chair from select committees. meet 2 times a year to question PM in depth
  2. Backbench business committee –> controls 20+ debate days a year allowing backbecnh MPs to choose debate topics
  3. petitions committee –> considers e-petitions. scheduals a debate in commons or pushes for further gov action
18
Q

the reform of parliament - 2 key areas

A
  1. HoC
    - proposal to change voting system to something more proportional eg STV/AMS
    - but this unlikely to happen soon bc 2011 AV ref where public rejected by a lot
  2. HoL
    - debates focus on whether HoL should be elected
    - reform began in 1999 where most hereditary peers removed by labour gov
    - 2nd stage to create elected chamber failed bc disagreement over how to balance democratic legitimacy and retain expertise
19
Q

arguments AGAINST electing the house of lords

A
  1. hereditary peers have mostly been removed so the most undemocratic element gone - only 88 remain
  2. maintains independence - atm has experts, cross benchers and non-career politicians - more willing to challenge gov policy
  3. elections could reduce quality - elections could lead to less expert and more partisian - less scrutiny
  4. could politicalise the lords - lose current chambers strength - non partisian expertise and independence
20
Q

arguments FOR electing the house of lords

A
  1. 92 hereditary peers still vote - undemocratic and outdated
  2. democratic legitimacy - more legitimate and able to properly hold gov to account
  3. more diversity and regional representation - lord currently london based older men.
  4. elections - broarder range of views and opinions especially from minorities without power in commons
  5. balanced power - 2 elected chambers could check each other - preventing executive dominance in parliament