The Role of Parliament

Introduction

Previous lecture was the path to democracy. This lecture looks at:

The legislative function of Parliament

Parliament as Watchdog body

The clash between the House of Commons and the House of Lords.

The future: House of Lords reform

The House of Commons

Bill of Rights 1689

The Bill of Rights recognised a transition of power from the monarch to Parliament.

Parliament should be frequently summoned and there should be free elections (articles 13 and 8)

Laws should not be dispensed with or suspended without the consent of Parliament (articles 1 and 2)

That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of Parliament. Members and Peers should be able to speak and act freely in Parliament (article 9).

Parliament is free to regulate its own proceedings.

Parliament

Shape of chamber with two sides facing each other contributes to an adversarial style electoral system which tends to favour two party system.

Benches divided into government on one side and opposition on the other.

Official opposition plays a very important part in Parliament.

It always has the right to reply in debates.

Represented on all committees.

It has the right to chose the subject of debate for the supply days following the budget.

Also senior member of the opposition chairs the Public Accounts Committee which looks into spending.

Speaker Bercow

The Role of Speaker

Must be an MP elected by secret ballot to the office by other MPs (usually an elected Speaker is unopposed at the general election).

Speaker has highest authority in the House of Commons and is responsible for keeping order.

S/he must remain strictly impartial

Decides the order in which members speak

Rules on points of order that arise and refers matters of discipline to the committee on privileges.

Designates which bills are money bills.

Represents the House of Commons to the monarch and to the House of Lords.

Back bench MPs

There are limited opportunities for private members, particularly out of government.

Reputations can be made serving on committees.

Back benchers can introduce bills on their own initiative, there is only limited time available and a ballot is used to decide which bills will be given priority.

MPs spend a substantional amount of their time taking up matters on behalf of their constituents.

Party whips tend to be very powerful. Westminster system based on government maintaining its majority despite attacks from the opposition. Rare for MPs to rebel.

Conduct of MPs

What is/was sleaze?‘cash for questions’ controversy, Tim Smith MP and Neil Hamilton MP Nolan Report 1995 ‘The Committee on Standards in Public Life’ (followed by Lord Neill)Register of members’ interests published annually – rules on disclosure crucialCode of conduct for MPsInvolvement with lobbying, consultancy agreements etc. Role of the Parliamentary Commissioner for Standards. The failure to re-appoint Elizabeth Filkin performed role too well. Sir Phillip Mawer independent investigator of complaintsFunding of political parties

Parliamentary privilege

Parliamentary privilege – e.g. freedom of speech and from arrest historically significant, symbolically it goes back to conflict between Parliament and King.

Parliamentary privilege still allows MPs to expose improper conduct in the House without fear of any legal repercussions

The government dominates parliamentary time which is mostly devoted to getting its legislation through.

Increasing use of draft bills to provide pre-legislative scrutiny.

Public bills are introduced by the sponsoring minister who will open the second reading debate on the Bill.

Parliamentary stages e.g. first, second reading, committee stage, report stage, third reading. Same in both houses.

Referred to a public bill committee for detailed scrutiny. These are non-specialist, dominated by the government through whips.

Guillotine/kangaroo procedure speeds up the passage of legislation but may result in inadequate scrutiny.

Passing legislation

The Committee stage

Public Bill Committees appointed for each bill normally have 17 members reflecting party support in the main chamber.

At least one minister will be on the committee.

The committee can send for persons, papers and records and may hear oral evidence which is given in public.

There is great pressure for MPs on the side of the governing party to vote in favour of government bills because if the legislation falls the government also potentially falls.

House of Lords as legislator

Bills can be introduced in either House.

No party has overall control of the House of Lords which means that it is more likely to consider legislation in depth and on merit.

Committee stage of House of Lords is normally a committee of the whole house.

House of Lords is often responsible for amending legislation. It can no longer veto legislation (not money bills) but simply delay it for up to a year.

‘Elective dictatorship’

This term was coined by Lord Hailsham in a public lecture. The point he made was that once in power an elected government is nearly always able to get its legislation passed by Parliament. The Westminster system means that a government will fall if defeated on a major vote of confidence. In consequence, party whips are able to ensure that the government’s legislative proposals are supported at every stage in the House of Commons. The elected PM and Cabinet effectively decide what will become law and Parliament nearly always rubber stamps the bills that come before it.

Parliament as watchdog

• Holding the executive to account is a prime function of parliament. This is possible in a number of ways.

• Parliamentary questions to the PM and other ministers on matters concerning central government.

• Tabling debates on matters of topical concern• Work of departmental select committees which

shadow each major government department.• Role of the Public Accounts Committee and National

Audit Office in reviewing government spending.

Parliament as Watchdog

Public Accounts Committee and parliamentary control of finance. Looks into past spending and conducts value for money audits

Parliamentary ombudsman established in 1967 to investigate maladministration.

Devolution means that many aspects of domestic policy for Scotland, Wales and NI fall under the devolved administrations. This calls into question the role of MPs representing constituencies in the devolved parts of the UK.

Departmental select committees

First introduced in 1979 to some extent based on congressional committees they have become established and can be regarded as of central importance for Parliamentary oversight.

19 shadowing all major government departments.

Now elected by secret ballot from back bench MPs.

Determine their own subjects of inquiry and gather written and oral evidence, interviewing witnesses.

E.g., Following News of the World Scandal Rupert and James Murdoch summoned before the Media and Culture committee to answer questions about journalistic practices while Metropolitan Police Commissioner and other senior officers summoned before the Home Affairs committee.

The Select Committees

• Business, Innovation and Skills• Communities and Local Government• Culture, Media and Sport• Defence• Education• Energy Climate Change• Environment, Food and Rural Affairs• Foreign Affairs,• Health

Select Committees continued

• Home Affairs• International Development• Justice• Northern Ireland Affiars• Science and Technology• Scottish Affairs• Transport• Treasury• Welsh Affiars • Works and Pensions

What is ‘elective dictatorship’?

In light of the convention that the government must maintain its Commons majority to survive, the party managers (whips) can put enormous pressure on MPs of the ruling party to support the government line or risk defeat in a vote of confidence (and, in consequence, an election). In practice, this means that the government can be sure to get its legislative programme enacted. The fact that MPs of the governing party nearly always follow instructions from the whips allows the PM, cabinet (party machine) to steamroller policy through parliament. The concern is that its scrutinizing capacity may be compromised as a result.

The parliamentary system in Italy (Article 94) also depends on the government enjoying the confidence of parliament, but until recently with less stability, because the government has tended to be formed from a coalition of large parties and smaller parties or factions, any one of which might break lose triggering a vote of confidence: e.g. fall of Prodi government.

Commons versus Lords

Beginning of modern politics led to representative political parties Liberal Party and Labour Party with demands for popular policies e.g. education, pensions, later universal housing. All paid for from taxation on income and on property with the rich and landowners paying relatively higher rates. Liberal government elected in 1906 with large majority and popular mandate for change. 1909 People’s Budget blocked by conservative elements in the House of Lords in breach of convention leading to political crisis. No budget/finance bill meant no money to pay officials, army, police etc. House of Commons resolved to clip the wings once and for all of the House of Lords, but this was not possible without political support.After a second general election in 1910 demonstrated support for the Parliament Act, the King promised, if necessary, to create sufficient new lords to ensure a majority in both houses. At this point the Lords caved in and passed the Parliament Act.

Parliament Acts 1911 and 1949

House of Lords could no longer veto legislation but could delay it for 2 years, 1949 Act reduced this to one year.House of Lords no power to veto or delay money bills, the previous convention put in statutory form.Maximum time between elections reduced from 7 to 5 years. House of Lords still able to amend legislationHereditary peers retained constitutional right to be represented in Parliament until 1999. Now only 92 remain. Otherwise life peers.

House of Lords twentieth century reform

Life Peerage Act 1958 introduced peers appointed for their life time only. Title not passed to their children.

By mid 1960’s only life peers created. Gradually they became the largest category.

House of Lords Act 1999 was introduced to remove the hereditary element but it was agreed that 92 elected from those disqualified should continue. This compromise was because the hereditaries were still making an important contribution to the work of the House.

Current composition: Life Peers 677, Hereditary 88, Bishops 24 = 789

Current reform proposals

Draft bill published in May 2011. The House would retain its present powers. The challenge is how to update the Lords without making it a competitor to the Commons.

House should be reduced in size to 300 members.

80% elected by STV system of PR for a non renewable 15 year term but not all at the same time for one term only.

20% appointed

The 60 appointed members would sit as cross-benchers, not as representatives of political parties. In addition, bishops of the Church of England would continue but reduced in number from 26 to 12.

There would be a transitional period to allow the reforms to be introduced.

Conclusion

UK Parliament has evolved over time but with the trend towards ‘elective dictatorship’ otherwise expressed as predominance of the Whitehall model of executive dominance there has been concern over fitness for purpose. For example, over the effectiveness of Public Bill Committees in their role as scrutinisers of legislation.

On the other hand, departmental select committees have assumed an important role as watchdogs. Their independence might be enhanced as the whips play a less important part in their selection.

Finally, there are proposals to reform the House of Lords before the next general election in 2015. Unless a consensus emerges around a final bill it is unlikely that this reform will go ahead. The House of Lords in its present form makes a useful contribution to the legislative process.