Topic 2 Parliament and Legislation

Question 1

Key Question: Is Parliament representative?

Question 2

Indicative Representation

Answer 2

Where Parliament is proportionally representative of society

Question 3

Is the HoC indicatively representative?

Answer 3

Increase in ethnic and gender diversity in recent years:
10% of HoC = ethnic minorities
16% of society

35% of HoC= women
50% of society

HoC= not completely indicatively representative, despite progress in recent years

Question 4

Is the HoL indicatively representative?

Answer 4

Become more represntative but not completely

Women= 29% of HoL
Average age= 71

Question 5

Responsive Representation

Answer 5

Representative of the views of the people

Question 6

Is the HoC responsively representative?

Answer 6

Recalls and each member is elected from their constituency
Representative of the views of the constituency

Question 7

Is the HoL responsively representative?

Answer 7

1 view- Unelected so not a democratically representative in anyway

Opposing- No party affiliation so limited bias- purely focussed on public opinion

Question 8

Is Parliament sufficiently independent to hold government to account? NO

Answer 8

“Parliamentary decline thesis”- Mind the Gap Flinders and Kelso- 2011
Suggests:
The widespread view that P has been simplified by growth in power by the Executive has led to a disenchantment of the public from politics

MPs= obedient members of the party rather than independent and representative of whom they were elected

Too closely intertwined:
G= rarely defeated can usually pass policy through P easily using their HoC majority

With strong P loyalty coupled with majorities- leads to the ability to pass any legislation- checks and balances become ineffective

Question 9

Is Parliament sufficiently independent to hold the government to account?

Answer 9

2 chamber structure with the HoL:
No party loyalty and can reject government policy when the commons hasn’t - First Reading

Backbench rebellions:
Seen recently in the debates surrounding the Rwanda Bill

Question 10

Are the procedures proposed by the Privileges Committee in its investigation of Partygate unfair?

Answer 10

Public= less likely to find credibility in MPS if they abuse their privilege and lie in P
For P to be representative it must be done through honest means and set a standard for all ministers to follow

Question 11

Are the proposals by the Privileges Committee “unconstitutional”?

Answer 11

Role of P= to scrutinise G
Their constitutional role= to hold G to account- duty

Question 12

Role of the Privileges Committee

Answer 12

Cross-party committee who investigate potential contempt of parliament and breaches of P privilege

Question 13

Criticisms of the Privilege Committee approach

Answer 13

Pannick and Pobjoy:
Claim PC approach was not a fair procedure
Before BJ gives evidence he should be told the case before him
BJ should be able to be represented at hearing/cross-examine any witness

Question 14

In what ways does the G control the passage of bills through P?

Answer 14

P is formally Sov
However, G controls the Commons agenda (decides what gets debated in P) through timetabling

This control by G limits the scrutiny by P

G can pass L quickly in emergencies: Fast-tracked legislation- COVID 19

Question 15

Who should control what gets debated and when?

Answer 15

My view: non-political body eg the electorate and then reviewed by the HoL
As then the issues discussed would be reflective of social issues rather than political ones

Question 16

Mechanisms of Parliamentary legislative scrutiny?

Answer 16

Detailed examination of policy proposals

1) Oral and written questions to ministers (PMQs- 1961)

2) Parliamentary debates

3) Enquires posed by parliamentary select commitees- introduced in 1979

Question 17

Role of Select Committees (from Parliament website)

Answer 17

“Select committees are small groups of MPs or members of the House of Lords that are set up to investigate a specific issue in detail or to perform a specific scrutiny role. “

Question 18

What value is added by Parliamentary legislative scrutiny?

Answer 18

Ministers must justify policies in front of an audience. Provides transparency and accountability

Ensures the public voice= heard during the L process

Key point: dependent on G cooperation and the time allowed by gov for debate

Question 19

Limitations of parliamentary accountability for delegated legislation?

Answer 19

The growth of DL one of the biggest concerns in recent years due to its limited parliamentary scrutiny- accountability gaps

Overuse of delegated legislation= criticised by parliamentary committes/ expert groups

P has become just a rubber stamp- SI’ = unlikely to be defeated in the HoC

Controversies during COVID

Question 20

Delegated Legislation

Answer 20

Secondary Legislaltion passed by ministers under powers given by Primary Legislation

Eg Statutory Instruments

Question 21

Problems with the delegation of powers in Bills

Answer 21

Powers to make DL= too broad
Increase in amount of skeleton Bills containing powers rather than policy- not scrutinised by P (due to limited time)

Boundary between Primary and Delegated legislation= blurred

Question 22

Henry VIII Clauses

Answer 22

Clauses in a bill that enable Ministers to amend or repeal primary legislation by Statutory Instruments
Major constitutional implications= too much power given to the executive

Question 23

Statutory Instruments

Answer 23

A form of legislation that allow the provision of an act of P to be brought in without P having to pass a new act

Question 24

Criticisms of Henry VIII powers:

Addressed by Barber (he supports their use though)

Answer 24

Donoughmore Report 1932: Should only be used in times of emergency/ narrow use

Restrict the political power of P

Entrust the Executive to overturn acts of P- restricts PS

Question 25

Support for Henry VIII clauses:
(Barber)

Answer 25

Barber= in favour of Henry VIII clauses due to its democratic backing

Flexibility in emergencies

Gives power to devolved governments to be protected by UK P- P remains S anyway

Democratic situation of law making- undermines the role of P?

Question 26

Central theme: tension between governing and scrutiny in the political system

Answer 26

Prerogative powers v PS in Miller 1
Tony Wright view
The tension between ensuring G has the capacity to govern and maintaining its discipline through scrutiny

Question 27

Tony Wright view on the growth of the Executive

Answer 27

Claims there has been an accountability revolution in Britain
G activities are checked far more frequently than ever before
Claims G has lost some of its governing capacity rather than the claim there was an elected dictatorship like recent years

Question 28

Reforms proposed by the Select Committee

Answer 28

Justification or scrapping of skeleton bills- as it gives the G too much influence over what Leg is created

Committee suggests a justification of Henry VIII clauses/ limitation of their use- minimises the gov control of Legis as an increase in the power of G cannot be justified by merely speed and flexibility (claims the Select Committee)

Bills should be more clear and have less guidance

An increase in HoL scrutiny of DL will lead to more criticism and accountability of gov

Question 29

Skeleton Bills

Answer 29

The power of ministers to propose parts of a bill and fill in the rest of the details later

Power given through delegated legislation

Question 30

Proposal of Reform in the “Delegated Legislation Review 2023” (Hansard Society)

And the problems it addresses

Answer 30

Proposal for a new system of DL:
Problem 1= Boundary between primary and secondary legislation: The current system= no binding rules of what DL can be used for (Addresses the problem of the unjustified increase in power of the executive)

Proposal 1= Gov should negotiate and agree a concordat (agreement) on DL to set the criteria of the matters that can be discussed

Problem 2= No correlation between the importance of SI and the time given for discussion
Gov controls the HoC agenda

Proposal 2= New scrutiny process for SI to ensure P can calibrate the level of scrutiny necessary to contents of the instruments

Would ensure that the topics discussed are relevant and not entirely political- less bias