Unit 2 revision booklet II Flashcards
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The Powers of Parliament
- The House of Commons has supreme legislative power. It has legal sovereignty
- The House of Commons may remove the government of the day. It may defeat them in legislation or use the ‘reserve powers’ to pass a vote of no confidence.
- The HoL can delay bills by the House of Lords up to a year (but not money bills or due to the Salisbury Convention, bills proposed in the election manifesto).
- Parliament may delegate powers to devolved institutions or return them.
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Methods of scrutiny performed by Parliament
- Question Time- PMQs takes place every Wednesday between 12.00 and 12.30. MPs ask on scripted question and one supplementary question. Ministerial Question Time takes place on other days with each department taking turns on a four week cycle.
- Select Committees – these scrutinise government policy and its implementation. There are 19 departmental select Committees, one per government department, they were formed in 1979. There is also the Public Accounts Committee which examines public finances. They carry out inquiries and write reports. Each committee has a membership ranging from 11-14, the government has a majority on each committee, but the chairs are from any party and are elected by their peers. They are independent of party allegiance and produce unanimous reports. They can call witnesses to their meetings, including ministers, civil servants, experts or representatives from pressure groups.
- The Liaison Committee – consists of all the chairs of the Departmental Select Committees. It oversees the work of the House of Commons and calls the PM to account. The PM must meet this committee twice a year.
- Backbench Business Committee – set up as part of the Wright Reforms 2010. Determines what business should be debated on the day allocated to backbench interests.
- Debates and Ministerial Statements – government policy can be examined through legislative and emergency debates that are held at the discretion of the Speaker. Ministers are expected to make formal statements to the house on matters of great importance.
- The Opposition – ‘Her Majesty’s Opposition’ is given privilege in debates, Question Time and management of the House with ‘opposition days’ where they can choose the subject for debate.
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The process of passing legislation in Parliament
- Before a bill is passed, its provisions are outlined in a White Paper or a Green Paper. These are scrutinised in Select Committees.
- First Reading – it is introduced into Parliament as a formal reading of it’s title. No debate.
- Second Reading – First substantive stage where there is a full debate on the principles (not detail) of the bill. This is the first point in which it can be defeated.
- Committee Stage – details are scrutinised line by line in a Public Bill Committee. It may be considered by a Committee of the Whole House. Amendments are ususally made at this stage.
- Report Stage – the Committee reports back to the House. The House may amend or reverse any changes made.
- Third reading – this is a debate in the chamber of the House. No amendments are allowed at this stage and it is unusual for a bill to be defeated at this stage.
- ‘The other place’ – Major bills are considered first in the House of Commons, but others may start in the Lords. Once passed in once chamber, the bill follows the same process in the other chamber, before going to the Monarch for the Royal Assent.
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The role and powers of Select Committees
- Role: to hold the government to account; scrutinise departmental policies and implemented policies.
- Also consider matters of public interest, in hope that the government will change policy
- Powers: come through independence of party chairs, prestige of role, members acting independently of party; unanimous conclusions in reports; high profile in the media.
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The role of the Backbench MP
- 650 MPs in Parliament, each of which varies in effectiveness!
- Representing constituents; representing different interests or party. Redress of grievances of constituents.
- Legislation: taking part in debates on legislation, voting in divisions, writing and proposing amendments, membership of a Public Bill Committee.
- Scrutinising government: through asking questions at Question Time, membership of a select Committee.
- Speaking in general debates when national or constituency interests can be aired.
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The role of Her Majesty’s Opposition
- To force the government to explain & justify its policies and decisions
- To highlight the shortcomings of the way the government is running the country
- To present alternative proposals
- To be a government in waiting
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How does parliamentary government differs from presidential government?
- In the parliamentary system members of government are generally drawn from the legislature (mainly the HoC but some from the Lords). In presidential systems the president has much greater freedom of action in selecting those who occupy government posts
- Under the parliamentary system there is a ‘fusion’ of legislative and executive branches of power. Government in the UK is run through the parliament which means that any proposed legislation must be approved by parliament. In the presidential system the principle of the doctrine of separation of powers is applied and there is no overlap of personnel in the 3 branches of government.
- In parliamentary systems the government is responsible to the legislature. It is held to account through questions and debates. Parliament also has the power to remove the government by holding a vote of no confidence. Under presidential systems government office-holders are answerable to the president and not directly to the legislature. Equally the president is answerable directly to the electorate and not to his parliament.
- In the parliamentary system the PM is generally able to dissolve the legislature. In the presidential system the president is not dependent upon a continuing majority in the legislature (in fact in the US it is possible for Congress to be held by the opposite party to the president – this is known as ‘gridlock’ and is happening at the moment!) and can only be removed by a process called impeachment.
- In the parliamentary system there is a symbolic head of state who will not be drawn into political decision-making. In the presidential system the head of state (the president) has full executive power.
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Evaluate the view that the House of Commons is a more important institution than the House of Lords (30) - House of Lords more important
- Definitely less powerful Chamber. It is the ‘second’ chamber! Its powers have been limited by laws and convention. It lacks democratic legitimacy.
- Parliament Acts of 1911 and 1949 restrain HoL (can nly delay legislation for 1 yr, cannot delay money bills).
Also restrained by the Salisbury Convention
It is a revising chamber
Has the power of delay for one year
- Although its formal powers are limited, it has become more assertive in recent years.
HoL reforms has meant that it is dominated by life peers, who have served in different walks of life and are experts in their field. This increases their legitimacy. They attend more frequently than hereditary peers and therefore are more active.
The Labour government of 1997-2005 faced 528 defeats in the House of Lords. The coalition government faced 60 defeats.
- Party control is weaker in the Lords. They are life peers, therefore less swayed by electoral need to show party loyalty.
Lib Dem peers showed great independence in the Labour government of 2005. They argued that the Salisbury convention did not apply as the government had been elected in on 35.5% of the popular vote. They therefore voted against the Labour scheme for id cards (which was in the party manifesto). Peers were also emboldened by the Coalition government as they too felt that the Salisbury convention did not apply to the Coalition Agreement.
There are also a high number of crossbench peers who do not have a party loyalty.
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Evaluate the view that the House of Commons is a more important institution than the House of Lords (30) - House of Commons more important
- Has democratic legitimacy – elected at a minimum of once every five years.
- The Commons can exercise power in ‘confidence and supply’ situations, which can happen if there is a minority government (May, 2017) and where the party in power relies on a smaller party to back them on a vote of no confidence or a budget situation. Therefore a small party in the Commons is supporting the government.
- The HoC has the exclusive power to give consent to taxation and public expenditure. The Commons represent the taxpayers, therefore the Lords cannot interfere with money bills. The Chancellor fo the Exchequer must sit in the Commons and the budget will be presented in the Commons.
- As a last resort, the Parliament Act can be used (by the government, through the House of Commons) to force a bill through in the face of HoL opposition. This was used 3 times by the Blair government:
Changing the voting system for the EU parliament elections (1999)
Equalising the age of consent for gay and heterosexual people (2000)
Banning hunting with dogs (2004)
This is very rarely used and in reality, the HoL usually drops its opposition
Strength of the parliamentary systems
The strength of the parliamentary system is that it supposedly delivers effective but responsible government. In this country the executive can pass its legislative programme so long as it retains the confidence of parliament. In Blair’s first 2 parliaments (as in the 1980s under Thatcher) the executive has ‘railroaded’ legislation through parliament due to its large majority. Thus, parliament is reduced to little more than a talking shop. This is because, while there is an appearance of conflict, the result of nearly every vote is inevitable
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Evaluate the extent to which, in recent years, Parliament has been strengthened and it has improved its influence - Some changes under Blair…
- Sitting times have changed and hours are now more ‘family friendly’ with fewer evening sessions. Parliament does not now sit on Monday mornings and Friday afternoons thereby allowing MPs to get to and from their constituencies at weekends.
- Carrying-over of government bills into the next parliamentary session (it used to be the case that bills that ran out of time were shelved). More bills published in draft form allowing for more time for comment and debate.
- More frequent use of shorter speeches Deadline for applying to raise a subject at QT cut from 10 to 3 days allowing for more up to date questions.
- In 1997 PMQs moved to once per week on Wednesdays (from twice per week).
Liaison Committee scrutiny. Introduced in 2002, this allows for twice-yearly appearances of the Prime Minister before the Liaison Committee, which is mainly composed of the chairs of select committees.
Evaluate the extent to which, in recent years, Parliament has been strengthened and it has improved its influence - Some changes under Brown….
On becoming PM Brown moved quickly to give up or modify a number of powers that used to belong exclusively to the prime minister or the executive. Parliament must now be consulted on the exercise of a variety of powers including those to declare war, dissolve parliament, recall parliament, ratify treaties, choose bishops and appoint judges.
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Evaluate the extent to which, in recent years, Parliament has been strengthened and it has improved its influence - A few more under Cameron…..(sort of…)
- AV referendum in May 2011.
- A proposal for the reduction of number of MPs to 600 for 2015 (now abandoned) but under review once again under May.
- ‘Right to Recall’ introduced in 2015.
- Fixed term Parliament Act 2011
- Summer recesses shortened permanently in 2012 by commencing September sittings earlier
- Plans for Lords Reform (also stalled!).
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Evaluate the extent to which, in recent years, Parliament has been strengthened and it has improved its influence - Parliament remains weak in many ways and the small reforms implemented have not gone far enough in addressing these weaknesses
- The unelected Lords lacks legitimacy and the efforts at Lords reform reflect poorly on the government. Recent ‘Cash for Honours’ and ‘Cash for Amendments’ scandals illustrate ongoing credibility problems of the Lords.
- Recent scandals over expenses (Maria Miller, Hazel Blears, Lord Taylor, David Laws, duck houses, moats etc) symbolise how Parliament has become distanced from the people it purports to represent
- Parliament can be criticised for being unrepresentative
- Lack of opportunities for backbenchers to raise issues (PMBs rarely successful)
- Select committees remain weak
- PM can threaten dissolution of parliament – Johnson’s prorogation attempt in October 2019 was a textbook example of a PM trying to subvert parliament’s scrutiny.
- A strong majority still the government a major structural advantage within the commons.
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Select Committees problems
- Lack resources in comparison to ministerial departments.
- Unpaid – although Chair is now paid following the Wright reforms.
- Composition tends to favour the party in power (less partisan than PBCs though)
- Seen as an inferior option for a backbencher to becoming a government minister
- ‘All bark and no bite’ – cannot force government to change policy (40% of recommendations are adhered to by govt.)
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What should be done? - Select Committees
- Give them more resources and secretarial support
- Widen their powers. They could, for example, be given quasi-judicial powers to request government papers and require that ministers and senior civil servants attend their hearings, preventing the Executive from controlling the flow of information to the select committees. T
- Make them more like courts. This could extend to the requirement that witnesses before select committees swear an oath, as in court, to tell the truth.
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Reforming Westminster Elections
What’s the problem at the moment?
- Underrepresentation of smaller parties (Lib Dems have <2% of the seats on >8% of the vote) Overrepresentation of larger parties. The so-called ‘winner’s bonus’. In 2005 Labour had > 55% of the seats on only 35% of the vote).
- Electoral deserts where there is no point voting for certain parties (e.g. Labour in Surrey).
- Creates two-party politics which creates a ‘yah-boo’ political culture
- Because of the ‘winner’s bonus’ this arguably gives the governing party too much power (an ‘elective dictatorship) and they don’t have to listen to opposition parties at all.
Westminster election reforms needed
Replace FPTP with a more proportional voting system (more than AV….) which would have an immediate and far-reaching impact on the relationship between Parliament and the Executive. This would lead to the end of single-party majority government. Minority or coalition governments could not so easily count on automatic parliamentary support, and would therefore need to conciliate a wider range of groups and views. This would transfer significant power back from the Executive to Parliament.
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The functions of the Prime Minister
- Making governments (hiring and firing ministers) and Organising government (setting up and abolishing government departments)
- Managing the cabinet system (chairing meetings and staffing committees)
- Directing government policy (and defining strategic goals)
- Controlling Parliament (as leader of the largest party in the Commons)
- Providing national leadership and de facto Head of State (especially at times of national crisis)
- Calling elections (Thatcher and Blair used this successfully by calling elections at favourable times. Gordon Brown arguably missed his best chance in October 2007 when he didn’t call one!)
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The role of the Core Executive
- Development of government policy
- Conducting foreign policy & organising defence of country from external and internal threats - Responding to major crises such as armed conflict, security threats, economic difficulties or social disorder.
- Managing the finances of the state and organising and managing the services of the state, eg NHS.
- Controlling and managing forces of law and order, including the police, armed forces and intelligence services.
- Drafting and securing legislation, organising the implementation of the legislation
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The role of a minister
- The most senior ministers will be in charge of an entire department, such as Philip Hammond at the Treasury.
- Junior ministers will be in charge of a more narrow range of policy, such as Damian Hinds, the minister for Education. As such they seek to develop policy and legislation in line with the government’s aims – which is usually outlined in the manifesto at the preceding election.
- Accountability is visible when ministers face scrutiny by the legislature. This can either be via appearances before the relevant Departmental Select Committee in the Commons or in Questions to Ministers in either parliamentary chamber
- In theory a Minister of State must assume responsibility for everything under their control. So if a mistake occurs in their department, ministers are expected to be held accountable
- Increasingly ministers face trial by media, where they are expected to tour TV studios defending government mistakes, e.g. lost data, prison escapes, etc.
- Ministers of State have an input into government policy making. They attend weekly Cabinet sessions and can voice opinions on issues beyond their brief. Ministers of all levels also staff Cabinet committees as directed by the Prime Minister.
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The convention of Collective Ministerial Responsibility
- CMR is a convention that can be described as the glue which holds Cabinet government together.
- It is convention that all ministers publicly support decisions of Cabinet or its committees (even if they disagree in private) or resign.
- Over the last 40 years or so, dozens of ministers have exited the government on the grounds of collective responsibility. Most famously, the dramatic resignation of Michael Heseltine over the Westland affair in 1986. More recently, Robin Cook, Clare Short and John Denham left the government over the Iraq invasion in 2003. Boris Johnson, Dominic Raab and Esther McVey all resigned due to disagreements with May over her Brexit policy in 2018 and 2019.
- Collective responsibility convention dictates that the government should resign if defeated on a vote of confidence in the Commons, for instance James Callaghan called for a dissolution on 28 March 1979 following a defeat in the Commons shortly after the government’s referendum proposals were rejected by the Scots and Welsh.
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The convention of Individual Ministerial Responsibility
- A feature of parliamentary government is that the executive is drawn from the legislature and according to the constitution is directly answerable to it. The ministerial ‘highway code’ is laid out in the ministerial code of conduct, which is issued to all ministers.
- It is very rare for a minister to resign as a result of an error of policy or administration, but we can point to the resignation of Estelle Morris over the A levels fiasco in 2002.
- A personal mistake is by far the most common reason for ministers to resign (e.g. David Laws and his expenses, Huhne and his speeding ticket), but some ministers weather the media storm better than others (e.g. Theresa May as Home Secretary, over deportation of Abu Qatada)
- Labour suffered a series of scandals, in particular Peter Mandelson who was forced to resign twice from the Cabinet over financial irregularities. David Blunkett survived the scandal over an affair with a married woman (Kimberley Quinn) but was forced to resign over allegations of attempting to speed up the visa application for Quinn’s nanny.
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The main sources of prime ministerial power
- The powers of the Prime Minister derive principally from the Royal Prerogative. Technically the monarch is Head of State, declares war etc, but in practice these powers reside with the Prime Minister. The PM’s power of patronage allows him/her to make appointments to a range of positions from Cabinet Ministers to the head of the civil service, to the director of the BBC, and the Archbishop of Canterbury. This ‘power of hire and fire’ allows the PM to wield enormous influence over their parliamentary colleagues.
- The Prime Minister is by the far the most well-known politician in the government. Manipulation of the media can be used to help secure a personal mandate. PMs have exploited the media by, for instance, staging photo ops with foreign leaders (e.g. Brown & Obama at the G20). Blair took this a step further by introducing presidential style monthly press conferences. The most celebrated occasion when Blair adopted this ‘charismatic’ (or ‘presidential’) style of leadership was when he publicly emoted over the death of Princess Diana, naming her the “people’s princess”.
- Constitutionally the Prime Minister is the person who can command a majority support in the House of Commons. As the leader of the largest party, the combined influence of the power of patronage and the party whip ensure that the PM can exert a strong influence in the legislature. When a PM enjoys a comfortable majority (as under Blair in ’97 & ’01) it can be argued that some MPs owe their jobs to the popularity of their leader and are therefore more likely to be loyal.