Week 3 - Scrutiny of the Government Flashcards
(24 cards)
Ways the Government can scrutinise Parliament
- Parliamentary Questions
- Parliamentary Debates
- Select Committees
What are Parliamentary Questions
- Used to extract information
- Require the Gov’t to explain and defend its policies, actions, and decisions
- Opposition MPs seeking to highlight defects in the government or its policies and highlight failings of the opposition party
- Point is not usually to prompt any change of policy, but to highlight to
the public the perception both that the government is deficient and
that their own party would be able to form a better government
Types of Parliamentary Questions
Oral Questions - Prime Minister Question Time, 30 minutes each
Written Questions - MPs (or peers) can ask a government department a question in writing and will receive an answer by email, allows extraction of detailed information from the government.
Question time for other Ministers
Departmental rota
- Each Minister appears once in a five-weekly cycle
- Opportunity for MPs and peers to question government ministers about
matters for which they are responsible
Urgent questions in Commons since 2010
- At the Speaker’s discretion – urgency & public importance
- Receive an oral answer on the same day if submitted by the morning
deadline
Parliamentary Debates
- Primary way in which the UK Houses of Parliament conduct their business.
- Allow MPs and Lords to discuss proposed legislation, scrutinize government policies, and raise important national issues.
- Essential for government scrutiny
- However, between 1997 and 2005, only 13 government defeats occurred in the Commons
What are Select Committees
- Groups of MPs or Lords who investigate specific areas of government policy and administration, ensuring accountability and transparency.
-1978 Report of Select Committee on Procedure was integral to
putting the system into place - They are present in the Commons, Lords, and Jointly
Commons Select Committees
- Each government department is overseen by a dedicated Commons select committee
- Comprise between 11 and 16 MPs, all of whom are backbench MPs
- Each select committee is cross-party, i.e. no single party will have an overall majority of MPs in any particular committee
- Select committee chairs are elected by MPs through a secret ballot
What do Departmental (Commons) Select Committees do?
Overall aim: “To hold Ministers and Departments to account for their policy and decision -making and to support the House in its control of the supply of public money and scrutiny of legislation”
- Strategy – examining departmental goals.
- Policy – evaluating proposals before they are implemented.
- Expenditure & Performance – assessing how public money is spent.
- Bills & Legislation – reviewing draft laws and regulations.
- Appointments – vetting senior government appointees.
- Public Engagement – making parliamentary work accessible
Other types of Select Committees
Commons (non-departmental)
* Public Accounts Committee
* Women and Equalities Committee
* Public Administration and Constitutional Affairs
* Liaison - made up of Select Committee Chairs
Lords
* Constitution
* Delegated Powers and Regulatory Reform
* Science and Technology Committee and the Economic Affairs
Joint
* Human Rights
* National Security Strategy
* Statutory Instrument
What powers do Select Committees have?
While select committees cannot create laws, they have significant influence:
- They can summon individuals for questioning (Not MPs or ministers)
- They have the power to request documents and records.
- They can appoint specialist advisers.
- They can meet outside Westminster to conduct investigations.
Effectiveness of Select Committees
- Difficult to measure
- They influence policies, expose issues, and shape the political debate.
- Directly changed legislation - Health Select committee initiated an inquiry into smoking in public places, led to the Health Act 2006 which banned smoking indoors in England
What are the fundamental constitutional principles in the UK?
- Rule of Law – principle of legality
- Separation of Powers – balance of powers, checks and balances,
- Parliamentary Sovereignty – democracy
- Accountability – brings them all together
The Rwanda Asylum Policy (MOU)
- The UK-Rwanda Economic Development Partnership was signed on 13 April 2022 in Kigali.
- Under this policy, asylum seekers who arrived in the UK through “illegal” routes (e.g., crossing the Channel on small boats) could be relocated to Rwanda for processing.
- MThe government framed it as a deterrence strategy against unlawful migration.
Political Scrutiny of the MOU
Limited Parliamentary Scrutiny:
- The agreement was not debated before being signed, since it was classified as a Memorandum of Understanding (MOU) rather than a treaty.
- After it was signed, some scrutiny followed—including reviews by select committees.
Strong Opposition:
- 150 organisations, the EU, the Archbishop of Canterbury, and UNHCR voiced concerns.
- Prominent figures—including Theresa May—criticized its legality, practicality, and efficacy.
Legal Accountability of the MOU
- The European Court of Human Rights (ECtHR) issued emergency injunctions halting deportation flights.
UK courts intervened:
- The High Court (HC) ruled the policy was lawful but suspended removals pending appeals.
- The Court of Appeal (CA) ruled it unlawful, citing Rwanda was not “safe”—as asylum seekers could be deported back to their home countries (refoulement risk).
- The Supreme Court (UKSC) unanimously confirmed the policy was unlawful (R (AAA and others) v Secretary of State for the Home Department [2023] UKSC 42).
Government response to MOU
Instead of accepting the court’s ruling, the UK Government attempted to override it through parliamentary sovereignty:
- Signed a Treaty (November 2023) to strengthen the agreement.
- Introduced emergency legislation—the Safety of Rwanda (Asylum and Immigration) Act 2024—which:
- Declared Rwanda a “safe” country (contradicting UKSC findings).
- Prevented courts from challenging removals on safety grounds.
- Disapplied key sections of the Human Rights Act 1998 for asylum cases.
What does the MOU show?
- The Act passed despite opposition in the House of Lords.
- Political and legal challenges were ignored or overridden.
- Parliamentary sovereignty can be used to bypass legal checks and accountability, raising questions about the balance between political and legal authority.
Ways the public can hold the government to account
- Elections
- Referendums
- Petitions
Elections
- Determine the government and are held at least every five years, although the Prime Minister can call an election earlier
- Representation of the People Acts regulate voter eligibility and the conduct of elections
- Fixed-term Parliaments Act 2011, which originally set fixed election dates, was repealed by the Dissolution and Calling of Parliament Act
2022, restoring the Prime Minister’s discretion to call elections - The Electoral Commission oversees election integrity, ensuring compliance with rules on campaign finance, spending limits, and advertising
Recall Elections
- The electorate in an area can trigger a special election to remove an MP before the end of their term
Recall of MPs Act 2015 – three circumstances a recall election can be called - Conviction in the UK of any offence and sentenced or ordered to be imprisoned or detained, after all appeals have been exhausted
- Suspension from the House following report and recommended sanction
from the Committee on Standards for a specified period (at least 10 sitting
days, or at least 14 days if sitting days are not specified) - Convicted of an offence under section 10 of the Parliamentary Standards
Act 2009 (making false or misleading parliamentary allowances claims)
Petitions
- Another mechanism of the people’s voice directly reaching Parliament
- Written requests, signed by individuals or groups, urging Parliament to take action on specific issues.
- Paper Petitions: Traditionally submitted to Parliament in physical form.
- E-Petitions: Introduced in 2015, allowing petitions to be created and signed online.
- If a petition gathers 10,000 signatures, the Government must provide an official response.
- If a petition reaches 100,000 signatures, it is considered for debate in Parliament.
- The House of Commons Petitions Committee reviews e-petitions and decides which ones warrant parliamentary attention.
- Petitions are an important tool for public engagement and democratic participation
Referendums
- Unlike general elections, which determine government leadership, referendums focus on a single policy issue.
- They allow the public to make clear yes/no decisions on a particular question.
- Local Referendums – Used for matters such as the Sunday opening of cinemas, establishment of public libraries, or local governance structures.
- National Referendums – Rare in UK history but used for major constitutional decisions (e.g., EU membership, Scottish independence).
- The UK has no general law governing referendums.
- Each referendum requires specific legislation passed by Parliament (e.g., European Union Referendum Act 2015).
- The Electoral Commission oversees referendum campaigns to ensure fairness
Recall Petitions
- A recall petition is open for six weeks
- To be successful 10% of eligible registered voters need to sign the
petition. - If successful, the seat becomes vacant and a by-election is then
required - A recalled MP may stand as a candidate
Key National Referendums
- 1975: First UK-wide referendum on whether to remain in the European Community (Common Market). 67.2% voted Yes.
- 1997: Referendums in Scotland and Wales led to devolution—creating the Scottish Parliament and the Welsh Assembly.
- 2014: Scottish Independence Referendum—Scotland voted 55.3% to remain part of the UK.
- 2016: EU Referendum (Brexit)—51.9% voted to leave the European Union.
