parliament pt 2 Flashcards
(20 cards)
what are the 3 areas where we can asses how effective parliament is
legislative
representative
scrutiny
How Well Does Parliament Perform Its Legislative Function - IS EFFECTIVE
- high legislative output - parliament passes high number of laws due to fusion of powers - gov dominates commons so legislation can be pushed fast
- 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
- 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
How Well Does Parliament Perform Its Legislative Function? - ISNT EFFECTIVE
- poor legislative quality - govs with large majorities pass laws too fast - avoiding scrutiny and debate
- private member bills rarely succeed - due to lack of gov support. EG - in one session only 6% were enacted
- gov control dominates agenda - most bills passed r gov sponsored - reduces legislatures independence
- lords limited by lack of power - cant permanently block legislation EG - 2020 lords voted to amend EU Withdrawal Bill but commons rejected the changes
How Well Does Parliament Perform Its Representative Function? - IS EFFECTIVE
- 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
How Well Does Parliament Perform Its Representative Function? - ISNT EFFECTIVE
- 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
How Well Does Parliament Perform Its Scrutiny Function? - IS EFFECTIVE
- 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
How Well Does Parliament Perform Its Scrutiny Function? - ISNT EFFECTIVE
- 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
whats parliamentary ping pong
when a bill is sent back and forth between the commons and lords due to a disagreement
what are the 2 main types of committeees in the HoC
select committees - scrutinise work go gov departments
public bill committees - scrutinise specific pieces of proposed legislation
features of select committees
- 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
example of a select committee
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
ways select committees are EFFECTIVE
- recommendations taken seriously - 40% oare adopted by the gov
- access to oral and written evidence - they can call ministers, civil servants and experts for testimonys
- independence from whips and ministers - memership includes backbenchers and opposition MPs - not tightly controlled by gov
- consensual tone - committees focus on evidence and policy not political attacks
- 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
ways select committees are NOT EFFECTIVE
- can only advise - reccomendations are non-binding so gov can ignore them
- gov majority can dominate - 2013 theresa may blocked the home affairs committee from interviewing andrew parker, then M15 head
- some committees lack independence - 2020 jeremy hunt (health chair) scrutinised a department he had prev led - raising concenerns of bias
- not all committees work well together - EU committee criticised for public splits and partisan loyalty
- 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
what are public bill committees
- 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
arguing that Public Bill Committees are EFFECTIVE
- detailed line-by-line scrutiny - examine and amend individual clauses of bills
- bring expertise from ministers - frontbenchers and shadow minister give expert knowledge
- opps to catch overlooked issues - adress flaws missed in earlier stages of debate
arguing that Public Bill Committees are INEFFECTIVE
- dominated by gov - 99% of ministerial amendments pass - less than 1% non-gov succeed
- late in legislative process - by this point bills are seen as a done deal so meaningful changes are unlikely
- lack of independence and expetise - eg 2011 Sarah Wollas
other types of commons committees
- liaison committee –> all chair from select committees. meet 2 times a year to question PM in depth
- Backbench business committee –> controls 20+ debate days a year allowing backbecnh MPs to choose debate topics
- petitions committee –> considers e-petitions. scheduals a debate in commons or pushes for further gov action
the reform of parliament - 2 key areas
- 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 - 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
arguments AGAINST electing the house of lords
- hereditary peers have mostly been removed so the most undemocratic element gone - only 88 remain
- maintains independence - atm has experts, cross benchers and non-career politicians - more willing to challenge gov policy
- elections could reduce quality - elections could lead to less expert and more partisian - less scrutiny
- could politicalise the lords - lose current chambers strength - non partisian expertise and independence
arguments FOR electing the house of lords
- 92 hereditary peers still vote - undemocratic and outdated
- democratic legitimacy - more legitimate and able to properly hold gov to account
- more diversity and regional representation - lord currently london based older men.
- elections - broarder range of views and opinions especially from minorities without power in commons
- balanced power - 2 elected chambers could check each other - preventing executive dominance in parliament