WEEK 7: IS PARLIAMENT IRRELEVANT?

2 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)

3 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?

4 FUNCTIONS OF LEGISLATURES EXECUTIVE PARLIAMENT Support government Provide ministers Consider legislation Scrutinise decisions CITIZENS

5 MODEL OF EXECUTIVE – LEGISLATIVE RELATIONS EXECUTIVE CITIZENS PARLIAMENT

6 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-19 th century)

7 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

8 HOW DOES PARLIAMENT SPEND ITS TIME? Data are for session. Source: Rush, 2005: Tab 7.5 CommonsLords Debates32%15% Questions10%13% Primary legislation45%62% Secondary legislation 2% 3% Other10% 6%

9 LEGISLATIVE PROCESS 1 st READING 2 nd READING COMMITTEE REPORT 3 rd READING 1 st READING 2 nd READING COMMITTEE REPORT 3 rd READING ROYAL ASSENT

10 NON-ASSENTING HOUSE OF LORDS? Lords amend Bills  : 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)

11 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

12 AMENDING LEGISLATION Amendments MovedPassed% Government % Government MPs % Opposition % Total Bill in question is the Broadcasting Bill 1990 Source: Rush, 2005: Table 8.7

13 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)

14 EFFECTIVENESS OF PARLIAMENT IN GAINING INFORMATION E ffective Not effective Balance Prime Ministers Questions 8%71%-63% Opposition debates23%47%-24% Department Questions25%40%-15% Ministerial statements45%20%+25% Written Questions41%16%+35% Select committee hearings84% 3%+81% Source: Rush (2005), Tab 9.14

15 SELECT COMMITTEES Background  Established in 1979  Public Accounts Committee; Foreign Affairs Committee  Number of reports: = = = 472 Weaknesses  Cannot compel attendance of ministers/officials  Reports not mandatory  Membership influenced by Whips  Lack resources

Treasury Select Committee c&NR=1 dQ&feature=channel 16

SUMMARY SO FAR  Formally, parliament is ‘sovereign’  In practice, executive dominant over legislature  But is legislature weaker today? - Concessions forced by backbenchers - Assertive House of Lords - Better scrutiny, via Select Committees  But large government majorities exacerbate executive dominance 17

18 STRENGTHENING THE HOUSE OF COMMONS Select Committees  Increase their staffing/budgets  One day per week for reports to be debated  Remove whips from membership decisions Opposition  Increase in funding for opposition to enable greater research Sources: Power (2001), Norton Commission (2000)

19 REFORM OF HOUSE OF LORDS 1911Veto became delay 1949Delay reduced to one year 1958Life peers introduced 1999Hereditary peers removed (except for 92) 2000Royal Commission on Lords Reform (Chair: Lord Wakeham)

20 WAKEHAM’S PROPOSALS Powers Retain the ‘suspensory’ veto; no ‘absolute’ veto Composition Wakeham concerned about direct election So most members to be appointed; minority (c15%) to be elected Since then – pressures for more elected members....

21 CONCLUSIONS Majoritarian  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?