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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
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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?