Parliament
Parliamentary v Presidential
government
• Parliamentary
• Presidential
• Parliament is the only source
of political authority in the UK
• Government must be drawn
from Parliament
• No strict separation of powersfusion of legislature and
executive
• Government must be
accountable to Parliament
• Legislature and executive have
separate sources of authority
and are elected separately
• President is not part of the
legislature
• President is accountable not to
legislature but to the people
directly
• Clear separation of powers
between executive and
legislature
Key features of parliamentary
sovereignty
• Parliament is source of all political power.
It is legally sovereign…
• Parliament may restore powers it has
devolved
• No Parliament can bind its successor
Limits to parliamentary sovereignty
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Pre 2010 sovereignty really with the governing party. At election times it is
with the people. Therefore political sovereignty lies elsewhere.
EU. In a range of areas trade, environment, employment rights, consumer
protection a shift towrds the EU
Use of referendums to legitimise major constitutional changes and the
introduction of the binding referendum or plebiscite.
Devolution- claim of right establishes principle of sovereignty of the people
in Scotland a principle accepted by the coalition in proposing the binding
referendum on independence 2014. Also shared sovereignty with the
Republic of Ireland over province of NI.
Pooled Sovereignty- an international arrangement by which sovereign
states agree to give up some sovereignty- the replacement of the national
veto with the system of qualified majority voting in the EU.
It is inconceivable that the government would refuse to fast track amending
legislation once the Supreme Court had deemed an act of Parliament was
incompatible with the HRA. The UK is treaty bound to accept final rulings
after appeal of the ECHR.
Structure of Parliament
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Three parts: The two chambers and the Queen-in-Parliament. Latter refers to role of the royal assent required for all bills.
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General Committees. In Commons 20-40, are whipped and the purpose is to consider govt bills and propose amendments. Are called
public bill committees. An innovation introduced by Labour was the above nomenclature away from standing cttees. Also a further
innovation was to allow PBCs to hear outside evidence in order to make them better informed. The guillotine does apply.
Committees of the Whole House. Rare in Commons, but where of constitutional significance e.g. structure and powers of government
or the budget. In the Lords PBCs are generally considered done this way. In the Commons, the whip applies.
Departmental Selection Committees. An innovation established 1978 with departmental tracking cttees established, currently there
are 19 with between 11-14 members. Regular attendance required to avoid expulsion. Whip does not apply and members expected to
behave in neutral way. Current Parliament introduced election of chairs by back bench MPs thus removing final influence of the whips.
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Other select Cttees
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Public Accounts Committee oldest surviving cttee established 1861 traditionally chaired by opposition chairman. There is also allied to
this the Estimates Cttee established 1912 to review proposed as opposed to actaul expenditure (PAC).
Standards and Privileges Cttee To deal with disciplinary matters.
Statutory Instruments Cttee checks on secondary legislation where Parliament has delegated powers to ministers to draw up detailed
legislation without recourse to parliamentary debate- 1988 National Curriculum a prime example.
European Scrutiny Cttees- both Houses have these. The H/L is regarded throughout the EU as the m ost prestigious and
informative of such parliamentary cttees.
Liaison Cttee Chairs of all the select Cttees whose task is to question the PM 2X a year.
Modernising Cttee
The BackBench Cttee (est 2010) on 35 days each session chooses what back benchers want debated
The Political and Constitutional Reform Cttee- est 2010 to focus on reform proposals of current deputy PM- long running enquiries
into codification constitution with King’s London is working on a draft UK constitution. Also enquiry into codifying relationship between
local and central government with De Montfort University. It has issued reports on draft recall MPs, registration lobbyists, improving
quality legislation, impact effectiveness ministerial reshuffle, need for constitutional convention for the UK
Joint Committee on the Human Rights Act- a cttee of 12 with equal representation from each house
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Evaluation of select cttees
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For
The whip does not apply
Can call any witness to appear including those not allowed
before Parliament such as governor Bank England.
A wide remit include consider proposed legislation (whether
effective), matters major public concern, serious
errors/omissions.
Adopt an adversarial style questioning- Treasury Select Cttee
on Northern Rock, Culture, Media and Broadcasting on
phone hacking, more recently Home Affairs on G47 and failure
to provide sufficient stewards for Olympics.
Select cttee attract media attention and increasingly so
reported partly result increased media outlets available. Also
note way in which select committees appear front pages5/07/12 House of Commons Treasury Select Committee
critical of bankers responses on rate fixing scandal headline
on Guardian front page Diamond’s evidence to MPs
branded implausible…
Gives opportunity for MPs to develop expertise in particular
area public policy.
All reports over 400 a year are required to be responded to by
minister.
An opportunity for opposition to have influence as chairs e.g.
Margaret Hodge chair of PAC and Keith Vaz of Home Affairs
Recent reforms such as 60% attendance requirement and
reduce number on cttee from 14 to 11 to cut number multiple
tenancies.
Election of chairs 2010 given them a greater mandate and are
more willing to undertake more enquiries as a result. Cttee
overlook expenditure, policy and adminsitration
Select cttees in Lords fewer- 4 and have wider remit. Longer
and more academic reports
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Against
Cttees reflect party balance in House of
Commons
If Cttee splits on party lines this will
undermine the influence of their reports.
Ministers are not obliged to carry out cttee
recommendations.
Difficult to know how effective- are changes
months or years down the line a reflection of
the Cttee’s influence?
Election of the speakers
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Commons
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Lords
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Following resignation Michael Martin
(first to do so since 1694) direct
election introduced.
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Following Constitutional Reform Act
2005
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Lord Chancellor no longer speaker of
Lords.
Lord Speaker is elected by Alternative
vote.
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Each candidate requires 12
nominations, three from other parties
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Each candidate requires outright
majority.
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If no one elected outright first ballot
then those with fewest votes
eliminated and voting continues.
First used to elect first Lord speaker
Baroness Hayman in 2006 and then in
2011 for Baroness D’Souza 2011.
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Lord Speaker may serve two five year
terms maximum.
System first used 2009 and again
2010.
Functions of Parliament
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Legitimation
Scrutiny
Opposition
Accountability
Individual Ministerial Responsibility
Debates (legislative proposals)
Financial control
Redress of grievances (constituents the right to lobby their MPs and MPs hold surgeries)
Private Members’ legislation
Above can be done in following ways… Annual ballot… Then MPs have to persuade a majority of
MPs to support it.
Deliberation- debates Iraq War 2003, 9/11
Reserve Powers ( veto legislation. 2006 Commons reject plans to extend detention terror
suspects for 90 days. 2009 Gurkha vote (retiring Gurkhas right to settle) Another reserve power
is ability to dismiss a government by a vote of no confidence.
Lords’ powers. They may delay a non financial bill for a year, although the Salisbury Convention
by which the Lords will not delay a bill which is part of the manifesto on which the government was
elected. This does not apply to the current Parliament. The threat that the Lords may seek to
deploy delaying power may be enough to secure amendments. Every Lords amendment must be
confirmed by Commons. If there is disagreement between the two houses then ping pong
Why the Lords is more significant
from 1980s
• Large Government majorities in Commons 1983-2001
meant opposition there was weak and so Lords try to
compensate for this.
• Lords develop a new professionalism- the notion of the
working peer with lords making themselves specialists in
certain fields of policy.
• Removal of all but 92 hereditary peers gave the House
greater legitimacy and authority. 1997-2010 Labour
faced 528 defeats in Lords. The present coalition 20102012 48.
• A stronger rights culture in the UK since HRA and Lords
contain many lawyers and human rights experts.
Assessing House of Commons
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Strengths
Ultimate power to remove a govt
MPs can threaten to veto legislation and
force compromises- note 2012 Govt
withdraw Lords reform bill.
MPs can call ministers to account, select
ctttees are effective at this.
Liasion cttee twice yearly interview PM.
Each department QT 1X a month and
different dept subject to oral questions each
day. Last 15 minutes QT for open ended
questions
Constituents are represented by an MP who
can raise questions on their behalf. In
addition a constituent can come to lobby and
fill in green card request to see MP
In a coalition Govt small groups MPs can
thwart will of Govt.
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Weaknesses
Govts normally have a majority and can dominate MPs.
Legislative cttees controlled by whips.
Ministers adept at avoid intrusive questioning
Govt control of the parliamentary TT.
MPs limited role in developing legislation.
Commons not socially representative
Govts increasingly ignore Parliament, consulting groups and
public directly
Belief the Govt can fall can promote obedience MPs.
Effect of devolution has been a loss of power to Westminster.
Westminster only controls the NHS in England. In key policy
areas Westminster lost control over university fees and ability
to promote nuclear power. Decisions by the courts retain
power to frustrate governments.
Growing importance of EU- few government departments can
do much without reference back to Brussels.
The Coalition has a majority in both Houses and so can
generally whether opposition and rebellions- the fixed term
Parliament Act has made it less likely for the coalition to
dissolve prior to May 2015- an early dissolution is dependent
on a defeat in confidence motion and then a failure to forma
new government within 14 days or a 2/3 support in Commons
for an early dissolution
Evaluation of the Lords
• For
• Many Lords are
independent party control
• Peers represent wide
variety interests and
largely prominent citizens
with considerable
specialised experiencelord Winston fertility
expert.
• Lords has more effective
time to conduct debates
and review legislation
• Against
• It lacks democratic
legitimacy
• Powers are limited by
law- no financial power
and can only delay for a
year.
• Commons can overturn
Lords’ amendments.
• Limited role developing
legislation.
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An increasingly restive House
Thatcher 4 (1979-90)
Major 7 (1990-7)
Blair 4 (1997-2007)
Brown 3 (2007-2011)
Cameron 1 ( 2010-2011)
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2010 over 1/3 MPs elected were new, almost half of the
Conservatives, 1/5 LibDems and ¼ Labour. The governemnt
has a majority in both houses- its control in the Lords was
increased by creation 117 new peers 2010-2011.
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A Coalition with Two Wobbly Wings: Backbench Dissent in the
House of Commons « Political Insight Magazine
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Concerning the above- government back bench dissent
divided- Cons revolt over constitutional issues whereas
LibDems over social issues and so the government tends to
get its way
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Thus far 150 coalition MPs have voted against Government.
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91 Tory rebellion over Lords reform July 11 2012 was the
largest Tory rebellion thus far.
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Previous was 2011 when 81 defied the whip over voting for a
referendum on continued UK membership EU
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A total of 43% of coalition MPs have voted against
government.
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Parliament 2005 was the most rebellious ever since 1945
preceded by that of 2001.
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Why are MPs more rebellious?
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Historic tends towards greater restiveness and defiance of
whips pre 2010
Impact of compromises on policy as result of the coalitionexplains Conservative opposition to elements constitutional
reform- and LibDems over tuition fees. Many Conservative
MPs resent tight timetable for the AV referendum bill which
was tightly whipped and increased their opposition to further
constitutional reform bills proposed by LibDem side.
Wright reforms- direct election select cttee chairs making
select cttees more assertive and creation backbench business
cttee.
Coalition Agreement has meant many disgruntled backbench
Conservative MPs who kept out of office as consequence.
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Reform of the Lords
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1998- All but 92 hereditary peers removed. Irony is these represent only elected element in the lords as they are
elected by their peers.
Also set up Royal Commission House of Lords to suggest reform. The Wakeham Commission suggested a
number of proposals for fundamental reform which were not implemented apart from creation independent
appointments commission to vet nominations.
2000- Independent Appointments Commission to review nominations from political parties and people’s peerspublic nominations.
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2001+ lack of consensus within the major parties over long term future of composition of Lords.
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2010 election all main parties in favour of substantial / fully elected chamber. The coalition agreement was for a
fully elected chamber but bill eventually introduced was for 80% elected on non renewable terms with gradual
phasing in 2015, 2020, 2025.
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Prospects- Continued disagreement over long term future of the Lords and faced with significant commons
opposition the bill was withdrawn July 2012. Government has dropped reform of the Lords owing to intense
Conservative opposition.
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Different types of Lords - UK Parliament
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People’s peers
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BBC News | In Depth | UK Politics | Open Politics
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Unlike the Commons there is no guillotine in Lords
Fully elected chamber
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For
More democratic and will eliminate
corruption involved in appointmentscash for peerages.
Might increase its legitimacy to
challenge the government esp if
elected by PR so that no party gains
overall majority.
A PR elected chamber will allow for
smaller parties to be represented.
It is only one of two wholly unelected
second chambers in a democracy and
only one where the hereditary principle
still applies (Lesotho).
According to ESRC survey, since
removal of the hereditary members
actual membership has increased from
792-831 (expense)
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If mirrored commons would create
deadlock or no balancing effect
Too many elections might lead to voter
fatigue.
It might undermine decisive
government
Could be dominated by party hacks.
Even prior to expenses scandal 2007,
an Ipsos Mori poll found that public felt
their concerns were listened to more
than in the Commons.
Impact of House of Lords defeat of
Government bills is significant. 19972010 40% policy changes demanded
were accepted including crucial ones
such as repeal of government attempt
to block jury trial and extension of
detention without trial for terror
suspects from 28-42 days.
Fully appointed
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• Could bring people into
the political process who
would not stand for
election
• Membership can be
controlled to ensure wide
variety of groups and
interests represented
• Bring more independents
into political process
• Could put too much
power into hands those
responsible appointing
members leading to
corruption
• Undemocratic
• Lacks legitimacy and
public support
Joint Cttee on reform of the House
of Lords
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Must not rival Commons
Elected differently
Elections different times
Non renewable terms and finally 80% elected
1/3 2015, 1/3 2020, 1/3 2025
Ex members banned from standing as MPs
Govt bill for 300 whereas cttee wanted a 450
chamber
• Larger constituencies means members will have
to appeal to a broader cross section
Why reform?
• Of 800 members in current chamber 14 over 90 and 2
under 40
• Just to enter House each day gets a peer £300 daily
allowance no tax
• A lot of the so called experts are out of touch- ex experts
• House of Lords is whipped just better disguised
• It will increase its legitimacy
Reform of the Commons…
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Reforms under Labour 1997-2003: Modernisation cttee established- longer PM QT, new offices (portcullis House) increased secretarial
and research backing for MPs, twice yearly questioning PM by Liaison cttee.
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Conservative suggestions 1997+. Increasingly Conservatives in favour Commons reforms. The Norton Ctttee (Lord Norton) restoration 2
PM QT, longer QT, more opportunities MPs raise issues, debates shorter speeches so more can contribute, more facs for select cttees,
MPs to control Select Cttees not whips, Standing Cttees to call outside witnesses
Payment select cttee chairs.
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Reforms pre 2010. 2006 Standing cttees were renamed as public bill cttees and gathered outside evidence like select cttees. Also in
wake of expenses scandal, IPSA created to oversee MPs pays and expenses.
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2009 first election of speaker of the House of Commons who requires 50% of the vote
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Creation of the Joint Cttee on the Human Rights Act considers each bill introduced to parliament and decides whether it is compatible
with the HRA, holding enquiries in a select cttee fashion and monitors govt record compliance with international treaties on human rights
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Coalition: Political and constitutional Reform select cttee set up to suggest reforms in this area. For commons this was right of recall,
reducing number MPs by 10% and equal electoral districts all of which became government policy. Also election of select cttee chairs
removing the influence of the whips
Public Bill Cttees-For first 6-8 sessions act like select cttees- use of E forums, social media, oral evidence, public meetings across UK.
Back Bench Cttee- 35 days a year to raise issues for debate of back bench concern.
2011 the government introduced e petitioning- if 100 000 petitioners it will be debated but requires back bench to identify.
Greater use of technology- E petition, plasma screens in both houses and in Portcullis House (ANUNCIATORS), social media. Education
Select cttee invited people to comment on evidence by education sec Gove via twitter
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