WEEK 7: IS PARLIAMENT IRRELEVANT?. 2 IRRELEVANCE OF PARLIAMENT? POWER Inquiry “Even MPs have...

WEEK 7: IS PARLIAMENT IRRELEVANT?

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IRRELEVANCE OF PARLIAMENT?

POWER Inquiry“Even MPs have little say because all the [political] decisions are made by a handful of people at the centre and then driven through the system” (2006, p.10)

Norton Commission“There is an imbalance in the relationship between parliament and government … in that relationship, the executive is not just dominant but overly dominant” (2000, p.10)

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ISSUES FOR THIS WEEK

1. What are the key functions of Parliament?

2. How effectively does Parliament carry out these roles?

3. Should the Commons and Lords be reformed to make them more effective?

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FUNCTIONS OF LEGISLATURES

EXECUTIVE

PARLIAMENT

Support governmen

t

Provide ministers

Consider legislation

Scrutinise decisions

CITIZENS

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MODEL OF EXECUTIVE – LEGISLATIVE RELATIONS

EXECUTIVE

CITIZENS

PARLIAMENT

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EXECUTIVE – LEGISLATIVE RELATIONS

Majority status + Party discipline = Executive dominance

Absence of majority status Bargaining with MPs

for support(Much of western Europe)

Absence of party discipline Bargaining with MPs

for support (Britain in mid-19th century)

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THE ROLE OF PARLIAMENT

Provides link between electoral preferences and government decisions

Majority status of government means opposition MPs have little power

Constraint on government is from own side

Where government depends on coalition building, legislature tends to be stronger viz a viz the executive

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HOW DOES PARLIAMENT SPEND ITS TIME?

Data are for 1999-2000 session. Source: Rush, 2005: Tab 7.5

Commons Lords

Debates 32% 15%

Questions 10% 13%

Primary legislation 45% 62%

Secondary legislation

2% 3%

Other 10% 6%

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LEGISLATIVE PROCESS

1st READING

2nd READING

COMMITTEE

REPORT

3rd READING

1st READING

2nd READING

COMMITTEE

REPORT

3rd READINGROYAL ASSENT

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NON-ASSENTING HOUSE OF LORDS?

Lords amend Bills 2007-08: 29 defeats (eg. 42 day period of

detention without trial)

If Lords amend a Bill … Government backs down; or Rejects amendment Nuclear option: Parliament Act War crimes (1991) Euro Parliament

elections (1999) Age of consent (2000) Fox hunting (2004)

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POWER RELATIONS WITHIN PARLIAMENT

Commons dominant over Lords

Executive dominant over legislature Blair not defeated in 1997, 2001 parliaments But defeated four times in 2005 parliament:

- Terrorism Bill - Incitement to Racial & Religious Hatred Bill

Government dominant over Opposition Of 170 ‘sitting days’, just 20 controlled by

opposition

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AMENDING LEGISLATION

Amendments

Moved Passed %

Government 567 561 99%

Government MPs 174 5 3%

Opposition 674 20 3%

Total 1 415 585

Bill in question is the Broadcasting Bill 1990 Source: Rush, 2005: Table 8.7

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PARLIAMENT’S (WEAK) SCRUTINY ROLE

“Scrutiny of government by MPs and peers is neither systematic nor rigorous. The quality of information provided to Parliament by ministers and civil servants is variable. Parliamentary inquiries have a poor record in locating responsibility for failures by the executive, ensuring that government acts upon them and following up recommendations for improvement.”

Greg Power, ‘Making Government Accountable’ (2001)

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EFFECTIVENESS OF PARLIAMENT IN GAINING

INFORMATION

Effective

Not effective

Balance

Prime Ministers Questions

8% 71% -63%

Opposition debates 23% 47% -24%

Department Questions 25% 40% -15%

Ministerial statements 45% 20% +25%

Written Questions 41% 16% +35%

Select committee hearings

84% 3% +81%Source: Rush (2005), Tab 9.14

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SELECT COMMITTEES

Background Established in 1979 Public Accounts Committee; Foreign Affairs

Committee Number of reports: 1979-83 = 193 1987-92 = 323 1997-01 = 472

Weaknesses Cannot compel attendance of ministers/officials Reports not mandatory Membership influenced by Whips Lack resources

Treasury Select Committee

http://www.youtube.com/watch?v=jXgHFArVO9c&NR=1

http://www.youtube.com/watch?v=uWF1mvcyCdQ&feature=channel

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SUMMARY SO FAR

Formally, parliament is ‘sovereign’ In practice, executive dominant over

legislatureBut is legislature weaker today?

- Concessions forced by backbenchers - Assertive House of Lords - Better scrutiny, via Select Committees

But large government majorities exacerbate executive dominance

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STRENGTHENING THE HOUSE OF COMMONS

Select Committees Increase their staffing/budgetsOne day per week for reports to be debatedRemove whips from membership decisions

Opposition Increase in funding for opposition to enable

greater research

Sources: Power (2001), Norton Commission (2000)

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REFORM OF HOUSE OF LORDS

1911 Veto became delay

1949 Delay reduced to one year

1958 Life peers introduced

1999 Hereditary peers removed (except for 92)

2000 Royal Commission on Lords Reform (Chair: Lord Wakeham)

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WAKEHAM’S PROPOSALS

PowersRetain the ‘suspensory’ veto; no ‘absolute’ veto

CompositionWakeham concerned about direct electionSo most members to be appointed; minority (c15%) to be elected

Since then – pressures for more elected members....

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CONCLUSIONSMajoritarian

Will of electorate provides accountability

Governments able to rule with few constraints

Role of legislature: uphold government, and scrutinise its decisions

Need for reform? None or modest

Dispersed

More active constraints on government (not just elections)

Need for reform? Significant

More vigorous Commons - Independent,

powerful select committees

Reformed Lords - Directly elected - Additional powers?