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Political Accountability Flashcards

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1
Q

what is the main example for political accountability

A

2009 Parliamentary Expenses Scandal

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2
Q

summarise what happened during the 2009 Parliamentary Expense Scandal

A

-Freedom of Information Act 2000 came into power in 2005
-this allowed journalists to submit requests to the Information Commissioner
-MPs tried to exempt themselves from Act but HoLords disagreed
-Information tribunal ruled to release info in Feb 2008
-documents leaked to Daily Telegraph 2009
-MPs exposed for using expenses for second homes and innapropriate claims

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3
Q

give 3 examples of people who stepped down due to the 2009 Parliamentary expense scandal

A

-House Speaker Michael Martin (first HS forced out of office by motion of no confidence since 1695)
-House Secretary Jackie Smith
-SoState for Communities and Local gov

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4
Q

how many cabinet and ministerial resignations occurred due to the 2009 Parliamentary Expenses scandal

A

-6 total cabinet and ministerial resignations

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5
Q

how many peers were suspended or asked to repay a certain amount due to the 2009 Parliamentary expense scandal

A

6 peers

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6
Q

how many MPs and peers recieved criminal charges due to the 2009 Parliamentary expense scandal

A

-8, most all of them served prison time

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7
Q

give 3 examples/explanations of MPs/peers who recieved criminal charges for the 2009 parliamentary expenses scandal

A

-David Chater argued in R v Chater that he was protected by parliamentary privilege, he did not and faced 18 months imprisonment
-Margaret Moran; false claims totalled over £53,000 faced 21 criminal charges
-Lord Harry Enfield; 9 month sentence and repaid full amount, allowed back in 2012, other false accounting scandals followed

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8
Q

give 3 examples of MPs/peers facing criminal charges due to teh 2009 parliamentary expense scandal

A

-David Chater
-Margaret Moran
-Lord Harry Enfield

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9
Q

explain David Chater in relation to the 2009 parliamentary expense scandal

A

-David Chater argued in R v Chater that he was protected by parliamentary privilege, he did not and faced 18 months imprisonment

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10
Q

explain Margaret Moran in relation to the 2009 Parliamentary expense scandal

A

-Margaret Moran; false claims totalled over £53,000 faced 21 criminal charges

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11
Q

explain Lord Henry Enfield in relation to the 2009 Parliamentary expense scandal

A

-Lord Harry Enfield; 9 month sentence and repaid full amount, allowed back in 2012, other false accounting scandals followed

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12
Q

give a history/background of the Freedom of Information Act 2000

A

-historically there was no such right in the UK until
-1991 Citizens Charter –> 1993 Open Gov’t White Paper–> 1997 White Paper –> FoI Act 2000

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13
Q

describe the scope of the Freedom of Information Act

A

-s.1 created a ‘new fundamental right to information’
-requests are made and answered within 20 working days
-lots of exemptions, especially in s.2
-low standard for exemptions eg prejudice

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14
Q

what happens if a request for info using FoI 2000 is refused

A

-may ask for an internal review

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15
Q

give a case where a decision challenged the release of information (?)

A

-Evans v AG
-Prince Charles letters to gov departments found
-UKSC case

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16
Q

who provides enforcement for the FoI 2000 Act

A

-Information Commissioners (who are also the first level of formal appeal for those denied info)
-then a Commissioner of Information Tribunal
-if appealed then sent ti High Court or Court of Session
-s.53 allows for ministerial veto so Commissioner does not have the last say (undemocratic of they did)

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17
Q

what does s.53 of the FoI 2000 do

A

-provides a ministerial veto that overrules commissioners’ decisions on releasing info
-prevelant in Evans v AG as the veto was ignored and court revealed info anyway

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18
Q

what does Hazel etc argue about FoI’s effectiveness in Does FoI Work, 2010

A

-gov openness and transparency has increased, other aspects (trust in gov) have not significantly increased

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19
Q

what does the Justice Committee Review (Commons 2012/13) argue about the effectiveness of FoI 2000

A

-favourably reported on the act calling it a ‘significant enhancement for our democracy’
-achieved primary focuses (transparency) but secondary focuses (trust) still struggling
-right to access public sector info= ‘major constitutional right’
-

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20
Q

gove 2 sources that evaluate the effectiveness of FoI 2000

A

-Hazel etc (Does FoI work?, 2010)
-Justice Committee review (Commons 2012/13)

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21
Q

what did Tony Blair argue about the FoI 2000

A

-despite his gov bringing the act into force, he regretted it
- primarily used by journalists
- argued matters of gov required frankness and some confidentiality to protect that frankness from being highlighted in certain ways by the media

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22
Q

give 7 types of accountability mechanisms

A

-Cabinet and Ministers
-financial interests of ministers
-ministerial code
-recall of MPs and Peers
-Political, legal and administrative accountability (3)

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23
Q

explain the financial interests of ministers as an accountability mechanism for the cabinet and ministers

A

-ministers often make decisions that have significant financial implications
-MUST follow principle that they ensure no conflict arises between their private interests and their public duties
-interests now published on gov website and updated frequently
-gov publishes ministerial meetings with lobbyists

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24
Q

what are some measures taken to ensure that ministers adhere to the overriding principle regarding financial interest

A

-interests now published on gov website and updated frequently
-gov publishes ministerial meetings with lobbyists

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25
what are the 3 name examples of the ministerial code as an accountability mechanism
-Boris Johnson (COVID parties, misled Commons and Privileges Committees + leaked report) -Mark Garnier Junior Trade Minister (kept position) -Priti Patel (2020 bullying and 2017 Israeli Holiday)
26
explain what happened with Boris Johnson and the ministerial code
-found to have deliberately misled the Commons and Privileges Committees about the COVID parties -breacged confidence of Committee by leaking part of the report in advance -90 day suspension from Parl and no ex-MP access to Parl
27
explain what happened to Junior Trade Minister Mark Garner in relation to the Ministerial Code
-formerly cleared of wrongdoing (asking assistant to buy a sex toy) before he was a minister -kept position -argued that investigations were unbalanced as you werent allowed to advocate on your own behalf
28
explain what happened with Priti Patel in regards to ministerial code
-BoJo backed her during bullying allegations in 2020 -independant investigation showed she did not consistently meet high standards required by MinCode -caused resignation of investigator in protest -previously resigned in 2017 for secret meetings with Israeli Cabinet
29
is the ministerial code enforceable
no
30
give 3 reasons why we should keep the ministerial code
-articulates the standards by which we expect ministers to behave -many ministers forced to resign which shows it is effective eg BoJo, Liam Fox, Priti Patel -press still covers breaches and features heavily in news eg Laura haigh for fraud -public interested in it eg petition with over 50,000 signatures for an independant body to enforce it
31
what do wider accountability mechanisms concern
-recall of MPs and Peers
32
give the 2 acts for wider accountability methods
-Recall of MPs Act 2015 -House of Lords (Exclusions and Suspensions) Act 2015
33
explain how the Recall of MPs Act 2015 works
-NOT a general recall mechanism -requires 1 of 3 things to happen for a petition to open -THEN petition is open for signing for 6 weeks in MP's constituency -10% of constituency required to sign for MP to lose seat and by-election held (he can stand again with spending rules)
34
what are the 3 things that can trigger a petition to be opened by the Recall of MPs Act 2015
-MP is convicted of an offence and recieved a custodial sentence or ordered to be detained -MP is barred from the Commons for 10 sitting days/ 14 calendar days -MP is convicted of providing false/ misleading info for allowance claims under the Parliamentary Standards Act 2009
35
what % of the MPs consituency must sign the petition to trigger a by-election
10%
36
can an MP being recalled stand in the by-election
-yes with spending rules for a 'regulated period'
37
how many MPs have been recalled with the Recall of MPs Act 2015
-6 so far -only 1 has had the petition fail and remained in office
38
explain the House of Lords (Exclusions and Suspensions) Act 2015
-peers usually serve for life, not removed like MPs during elections -enables a suspension to be imposed on a member that would run beyond the end of a Parliament -would allow the HoLords to expel members for misconduct -implemented through Lords' Standing Orders
39
who was the first suspended Lord due to the HoL (Exclusions and Suspensions) Act 2015
-Lord Ahmed for sexual impropriety -resigned 2020
40
what are the 3 types of accountability
-political -legal -administrative
41
explain political accountability
-most important type of accountability for democracy(?) -elections= most common form of political accountability -also eg ministerial responsibility, public inquiries, select committeees -most people argue it is often too late and not immediate enough
42
give 4 examples of political accountability
-elections -ministerial responsibility -select committees -public inquiries
43
explain legal accountability
-connectio to rule of law (anyone who's rights were overridden/ interests affected can challenge gov) -4 main principles: -legality, procedural fairness, rationality, proportionality -some limitations but can be legally binding for gov
44
what are the 4 main principles of legal accountability
-legality -procedural fairness -rationality -proportionality
45
explain legality in relation to political accountability
-gov can only act within the scope of its powers
46
explain procedural fairness in relation to legal accountability
-gov must adopt fair decision-making process
47
explain rationality in relation to legal accountability
- gov decisions must be rational and reasonable
48
explain proportionality in relation to legal accountability
-infringements on human rights must be proportionate to the desired end
49
explain administratie accountability
-ensures that gov implements policy effectively and efficiently -civil servants not subject to same political accounatbility as ministers -other bodies contribute to overseeing gov actions eg National Audit Offices, Ombudsmen
50
give 4 positives emerged from the 2009 Parliamentary expense scandal
-that it came out at all was good -those guilty recieved political and kegal sanctions -most serious criminal offences were limited to a small group of Mps/peers -produced more changes in Westminister
51
give 4 changes implemented due to the 2009 Parliamentary Expense Scandal
-Independant Parliamentary Stnadrads Authority -Wright Committee (SC on the Reform of the HoCommons) -Backbench Business Committee -Public Interest Involvement
52
what was the Indpendant Parliamentary Standards Authority
-direct response to expenes scandal -set up with Parliamentary Standards Act 2009 -took away the policing of expenses from the House Authorities and MPs themselves - provided a number of administrative and regulatory functions -had some early problems with MP criticism eg 2017 databreach
53
explain the recommendations made by the Wright Committee (SC on the Reform of the HoCommons)
-committee chairs became elected (weren't before) -establishment of Backbench Business Committee -petitions should have a higher profile in parl -emphasis on public engagement and a higher degree of public participation
54
were any of the Wright Committee's recommendations impelemented
-Parl broke up before all recommendations could be acted on -some implemented in Coalition
55
explain the Backbench Business committee
-scheduled 35 days of business for a given parliament -membership chair and 7 members -can hold gov accountable in diff ways than normal gov debate -ANY back bencg member can submit a debate request -CANNOT force gov to take action
56
explain public interest involvement
- public involvement in legislation where public could scrutinise bills -arose from 2010 conservative manifesto -petition system introduced with its own dedicated committee in Parl 10,000 for response, 100,000 for debate
57
what are select committees
-committees that 'hold Ministers and departments to account for their policy and decison-making and support those in its control of the supply of public money and scrutiny of legislation' -2012 Liason Committee
58
give 3 examples of things SCs look at in gov departments
-strategy -policy -draft bills
59
what powers do SCs have
-SC can only make recommendations -Erskine May argue they have the powers to appoint specialist advisors, send for people, papers and records, and appoint sub-committees
60
explain the power Select Commitees have to send for people, papers and records
-generally issue an informal invitation to attend -CANNOT summon MPs, Ministers or overseas nationals unless they are within jurisdiction of the UK -SC can summon production of papers by private bodies/ individuals but only the House can compel ministers
61
explain sanctions by SCs
-have no direct power to enforce any of its existing powers -enforcement powers remain with the house - devolved SCs can impose fines and prison time on people eg Scotland
62
evaluate the effectiveness of SCs
-as committees become more effective, depts become more responsive to them and their recommendations -definitely more prominent -Benton and Russell (2013 Study) about 200 recommendations per year taken up by gov -influence policy debates -gov MUST respond to SC unlike journalists -identified as 3 new pillars of the constitution
63
explain Benton and Russell (2013 Study)
about 200 recommendations per year taken up by gov
64
give the 3 new pillars of the constitution as select committees
-Delegated Powers and Regulatory Reform Committee -House of Lords Constitution Committee -Joint Committee on Human Rights/JCHR
65
what does the JCHR do
-scrutinising every gov bill for its compatibility with human rights eg ECHR (HRA 1998), common law fundamental rights and liberties -scrutiny of remedial orders -human rights treaty monitering
66
evaluate the effectiveness of teh JCHR
-a new type of guardian of legal values in the legislative process -discussion and reference to JCHR work has inc parliamentary debate -mainstreaming human rights in Parl -sometimes they miss the mark
67
give an example of a JCHR inquiry
-JCHR: Enforcing Human Rights (2018 -concerned damage of legal aid reforms, importance of independant judiciary and legal profession
68
explain referendums and the UK constitution
-12 held in UK since 1973 -directly engages voters on the issues -takes decisions out of hand if the political elites -ensures a broad base of support for difficult decisions -eg Brexit and Alternative Voting Referendum
69
give two examples of referendums that resulted in AoP
-Brexit - European Union Referendum Act -Alternative Vote Referendum - Parliamentary Voting System and Constituencies Act 2011

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