Transcript Parliament - UNITN | Giurisprudenza

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 crucial
Code of conduct for MPs
Involvement 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 complaints
Funding 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
Passing legislation
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.
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
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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
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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 legislation
Hereditary 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.