Functions of House of Representatives and Senate Decline in Parliament? Functions of House of Representatives and Senate

Intended Functions of Parliament Legislative Responsibility Representative Forum for debate Educational and socialization roles

Legislative function HOR Should initiate, deliberate and finally pass legislation. Separation of powers dictates this is main role. However, is more of a vehicle of legislation than generator of it. Why?

Legislative Function HOR Election almost always produces Government consisting of majority party. Legislative proposals are created in Cabinet or party room. Government can use procedures( gag, guillotine and floodgate) to ensure quick passage of legislation. May delegate to Public service to provide detail.

Legislative function HOR Therefore there is executive dominance of HOR. However, there is allowance for questioning and some debate. There is also the role of standing and select committees to analyses legislation and general areas of concern.

Legislative Function Senate Initation of legislation is limited. Unless, Minister is in Senate or PM Bill is tabled. However, scrutiny can be much greater if the Senate is not controlled by the government.

Legislative Function Senate Scrutiny can occur if Senate is independent or hostile. Increased role of committees allows for a more thorough exploration of issues/legislation. Has ‘Estimates Committee’ to look at government spending. Also has Legislative and General Purpose Standing Committees.

Legislative Role Conclusion Majority of legislation initiated by executive-dominated HOR All money bills must be initiated and amended in HOR, although Senate can suggest changes and block bills if they want to (Rarely done). Senate’s role is more to scrutinize than initiate. Does this through hostile/independent Senate, committees. Can block or amend bills to severally limit the passage of legislation.

Responsibility Function. HOR- Is limited due to party politics, choosing of governments is done at election time only. But HOR still can hold government accountable through Question time and ‘digging dirt’ on the government. I.e./ Brian Burke scandals has forced individual resignations and embarrassment to government but not the downfall of the government as a whole. IMR is sometimes carried out but Collective MR is never carried out. Overall, responsibility function is very limited in HOR.

Responsibility Function. Senate- can have a much greater role is holding government responsible. If hostile or independent, they can block legislation to force an early election. Deadlock between the two houses leads to a Double Dismissal or an early election. Last occurred in 1987. (5 in total 1914, 1952, 1974, 1975, 1983 and 1987.

Representative Function Two theories on what is ‘representative’-1)Reflect will of the people, as expressed in last election (Majority and Minority)and 2) MPs/Senators are to represent the views and interests of their electorate. Can also be seen as delegates, trustees, partisans and mirror representation.

Representative function HOR is more reflective of majority views. Senate allows for greater reflection of minority views. Both houses can be accused of putting party interests before electorate interests. Especially so for the HOR. Must tow party line. Both can spend time helping constitutes with problems. This is done more effectively by MHRs as the have a specific electorate as opposed to the senate which has multiple members.

Forum for debate Debate does occur in both houses. Question time, Adjournment debates, urgency motions can allow for debate in HOR. However, this can be limited by government through parliamentary procedures. Opposition can use it as a vehicle to embarrass the government.I.e./ 1997/98 ‘travel rorts’ issue Overall, this is more about political point scoring than good government or policy. Senate allows for much greater degree of debate, if numbers are not in governments favour.

Conclusion Legislation- HOR vehicle for Cabinet policies. Senate can have greater role if not rubber stamp. Responsibility- HOR is very limited due to party politics. Better with IM responsibility than CM responsibility. Senate- can block government and force an election. Representative- HOR is representative of majority and Senate can be representative of minority views. However, both show greater allegiance to party than electorate. Debate- does occur in HOR but is limited by time and government. Senate allows for greater debate to occur.