Role, Structure and Functions of Parliament

• MEMBERS OF THE HOUSE OF COMMONS

  members of the HoC are all chosen through election to represent single-member constituencies, using FPTP. At the 2015 general election, there were 650 constituencies; this is expected to eventually be reduced to 600. The number of candidates seeking election had risen to 3971 by 2015 - on average 6 per constituency mainly supported and chosen by political parties.
• MEMBERS OF THE HOUSE OF COMMONS

  Under the fixed term Parliament act (2011) General elections are supposed to be held at regular intervals at the end of the 5 years. an early election can be held. If an MP dies or retires during a parliamentary term, the vacancy is filled with a by-election
• MEMBERS OF THE HOUSE OF COMMONS

  Most of the MPs are elected as members of a political party only one independent was elected in the 2010 and 2015 elections (Lady Hermon for North Down in Northern Ireland). An MP may resign or be expelled from a party, and serve out the rest of the term as an independent for example UKIPs only MP left and became an independent in 2017.
• MEMBERS OF THE HOUSE OF COMMONS

  The majority of MPs are 2/3rds are backbenchers and the rest are 'frontbenchers' and are sub-divided into members of the government and shadow ministers, who are members of the opposition, occupying the frontbenches that face the government. The shadow government is headed by the leader of the opposition (Keir Starmer)
• MEMBERS OF THE HOUSE OF LORDS

  the HoL does not have a limit on the size of its membership. In late 2016 it consisted of 809 peers, there are 3 main categories of peers; Hereditary, life, and spiritual (archbishops and bishops).
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION

  • both houses of parliament review the laws the government wishes to pass and, after debating and scrutinising them, parliament is generally expected to pass them
  • the Commons can amend legislation and ultimately veto it
  • the Lords can suggest amendments but does not have the power to veto laws, only to delay them for a year.
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION

  Most legislation is initiated by the gov. and there is limited opportunity for backbenchers and opposition to propose measures of their own. Parliament mostly reacts to measures put before it by the executive, rather than developing its own legislative proposals, and it is rarely able to defeat or significantly amend legislation. To succeed, this requires solid opposition from the opposition party combined with rebels on the gov. side. FOR EXAMPLE, David Camerons' defeat in march 2016 on plans to extend Sunday trading
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION

  Whips are responsible for ensuring that MPs attend parliamentary votes (divisions) and for granting leave of absence if their vote is non-essential. They issue MPs with written instructions to attend (Whip) - which indicates how important it is for MPs to be present. Whips may offer ministerial positions to reward loyalty, Whips can also impose sanctions on those who do not tow the party lines. Persistent rebels can get the whip withdrawn and this can also happen in cases of misconduct. smaller teams of whips operate in the lords
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION

  The government can use the argument of overriding necessity to push through legislation. The 2005 Prevention Of Terrorism Act completed all its stages in just 18 days. On the other hand, only a small number of bills are drafted so poorly that they are unworkable (1991 Dangerous Dogs Act)
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION - GOOD AT

  • The May gov. was defeated by the lords over 14 times between April and June 2018 on the EU withdrawal bill. resulted in rebels managing to get concessions from the gov. over a final vote on the EU
  • The May government's 'working majority' was 13 so needed to work hard to be backed, if opposition parties worked together, they only needed 7 Tories or DUPs would defeat gov.
  • The government doesn't always get its way in 2015 Cameron's government suffered defeat surrounding the EU referendum - in 2005 Blair lost his first Commons vote
• FUNCTIONS OF PARLIAMENT: PASSING LEGISLATION - BAD AT

  • usually, governments enjoy majority control over the commons and are rarely defeated, which undermines the effectiveness of parliament (Blair was not defeated in the commons during the entirety of his premiership between 1997 and 2005)
  • the coalition was only defeated twice in the commons
  • backbenchers vote with their party because their career prospects are in the hands of the PM
• FUNCTIONS OF PARLIAMENT: DEBATING

  • debates are a way for parliament to hold the executive to account - each bill is debated in the second reading
  • as well as legislation, backbenchers and the opposition also debate the significant issues of the day
  • adjournment debates are held at the end of every day, where an MP can raise a matter for their constituency
  • Emergency debates can be held, such as after the phone-hacking scandal.
• FUNCTIONS OF PARLIAMENT: DEBATING - GOOD AT

  • the implementation of the Wright committee recommendations, MPs now have more control over the agenda via the Bakcbench Business Committee (BBC) - London riots in 2011 and Syria and Iraq wars
  • PMs have become reluctant to initiate military action without parliament (Houthi's in Yemen Sunak)
• FUNCTIONS OF PARLIAMENT: DEBATING - BAD AT 


  • limited time for genuine debate and the whips control and curtail the independence of MP's
• FUNCTIONS OF PARLIAMENT: SCRUTINY

  Parliament has a responsibility to exercise oversight of the executive's actions. The Opposition seeks to hold the government to account and expose its errors. Ministers have a duty to explain and defend their choices in parliament
• FUNCTIONS OF PARLIAMENT: SCRUTINY

  There are multiple ways in which the parliament scrutinises

  • Questions to Ministers - call for oral or written answers, PMQs a weekly Q&A in the commons have been criticised for being theatrical and 'point-scoring' dominated by the PM and Opposition leader
  • Select committees - shadow individual government departments
  • Debates
• FUNCTIONS OF PARLIAMENT: SCRUTINY - QUESTIONS - GOOD

  • parliament requires that ministers, including the PM, answer questions from backbenchers
  • PMQs force the PM to be well-informed about policy and the wider agenda it gives the leader of the opposition the chance to grill the PM
  • The opportunity to Question the PM is unique (in 2017 Corbyn used PMQ effectively to overturn the premium rate number used to call universal credit)
  • the speaker can raise 'urgent' questions which allow the commons to demand attendance of the relevant ministers so they can face criticism and answer questions.
• FUNCTIONS OF PARLIAMENT: SCRUTINY - QUESTIONS - BAD

  • PMQs is political theatre rather than proper scrutiny. The speaker often has to address the behaviour of MPs
  • Too Many questions are from 'friendly' government backbenchers
  • PMQs has become an exercise in 'point scoring' It is 'punch and judy' politics with MPs jeering and shouting in a childish manner
• FUNCTIONS OF PARLIAMENT: SCRUTINY - LEGISLATIVE COMMITTEES

  after its second reading, a bill reaches the committee stage and public bill committees are formed to make amendments to the bill

  GOOD

  • Public bill committees were strengthened in 2007 improving the scrutiny of legislation

  BAD

  • they are far less independent than select committees as their membership is still dominated by Party Whips
  • Amendments that are contrary to a majority government's wishes are rarely accepted.
• FUNCTIONS OF PARLIAMENT: SCRUTINY - SELECT COMMITTEES

  Allow for the scrutiny of government departments. committees reflect the composition of Commons so a gov. with a majority will have a majority on the committee. They have the right to send for 'persons, papers, and records'. Due to the implementation of the Wright report the executive no longer controls membership of select committees. They can act independently and scrutinise departments effectively
• FUNCTIONS OF PARLIAMENT: SCRUTINY - SELECT COMMITTEES - GOOD

  • they have an interrogative style of questioning and witnesses have no notice of questions
  • Committee members tend to be independently-minded so feel free to be critical
  • chairs of committees get paid well so the position attracts career and independently-minded politicians
  • Select committee reports receive a lot of publicity, especially when they are critical
  • Successes include Margaret Hodge and the PAC who in 2013 held Amazon, Starbucks, and Google to account for the limited tax they paid in the UK
• FUNCTIONS OF PARLIAMENT: SCRUTINY - SELECT COMMITTEES - BAD

  • they often review problems after they have occurred and criticise gov for this
  • the gov is not obliged to act upon the recommendations of select committees
  • ministers have a huge amount of support, whereas MPs have very little research support
• OTHER FORMS OF SCRUTINY

  • in extreme circumstances, the Commons can pass a Vote of no confidence in the government and dismiss it
  • individual MPS draw attention to the grievances of constituents
  • debating
• ACTIVITIES OF THE OPPOSITION

  the ability of the opposition to scrutinise the executive is often affected by factors beyond its control such as the size and unity of the governing party and the length of time a government has been in office, however, the opposition can still influence the popularity and power of the government in certain circumstances

  • the Blair opposition was very effective in highlighting weaknesses in the major government as well as presenting itself as a good alternative gov.
  • The Cameron opposition managed to underline divisions in the Blair and Brown premiership.
• FUNCTIONS OF PARLIAMENT: PROVIDING MINISTERS

  In a parliamentary system of government, the convention is that ministers must sit in one of the two houses. Parliament acts as a recruiting ground for future ministers, with the whips making recommendations to the PM on promotions. The PM possesses wide powers of patronage

  an award of peerage can be used to secure the service of a particular individual as a minister if that person is not an MP. For Example, in the 2008 financial crash, Gordan Brown recalled Peter Mandelson from the EC appointing him so he could serve as business secretary
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE

  The Commons has a representative function since it is the elected house. The lords are representative in the sense that they contain people with a wide range of professional backgrounds, although this aspect is not organised systematically. The lords are not dominated by a single party the way the commons are, as a consequence of the distorting effects of FPTP. However, the lords do not reflect the composition of the wider UK society. More than half of its members are over 70, three-quarters are male and 5% are from ethnic minorities.
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE

  by long-standing tradition, MPs are not delegates of their constituencies - they use their judgement on how to vote, rather than taking instructions from those who elect them. FPTP means that there is a strong link between an MP and their constituency. MPs are expected to respond to issues raised by individual constituencies and to stand for local interests. FOR EXAMPLE, 44 MPs voted agaisnt plans for HS2 in March 2016 and they represented constituencies that would be affected by the route
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - HOW EFFECTIVE IS THE REPRESENTATIVE FUNCTION

  YES

  • Free voters on issues allow MPs to have more ability to listen to the views of their constituents (in 2013 The Marriage Act was passed despite 136 Tory MPs voting against it and 40 abstaining
  • Social media increases pressure on MPs to respond to constituents, making the relationship more direct (Air strikes on Syria in 2016)
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - HOW EFFECTIVE IS THE REPRESENTATIVE FUNCTION 


  NO

  • Under the coalition, conservative and Lib Dem MPs supported policies that constituents may have voted against. Many liberal democrats ended their membership in the party after it supported the rise in tution fees
  • UK elections are focused on parties, not candidates, voting for the party they prefer
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - EFFECTIVENESS 


  • MPs loyalty to their party, reinforced by their desire to win promotion, may come in conflict with the need to represent their constitutency. The ministerial code advises them to take care to avoid conflicts of interest. But they are allowed to make representations to colleagues in government as long as they make it clear that they are acting as the constituents representative and not a minister (2006 Hazel Bears supported protests against a planned closure of part of a hospital in her salford constituency)
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - EFFECTIVENESS 


  • Although there has been considerable improvement since the 1980s the commons is still not representative of society. 29% of MPs elected in 2015 were female compared to 51% of the UK population. Ethnic minorities make up 6% of the commons compared to 13% of the population
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - EFFECTIVENESS 


  YES

  • Each MPs in the Commons represents an area of the UK

  NO

  • FPTP distorts the representation of parties so MPs can be elected by less than half of their constituents
  • The lords is unelected and Unrepresentative
• FUNCTIONS OF PARLIAMENT: REPRESENTING THE ELECTORATE - EFFECTIVENESS

  YES

  • Things are improving with all parties encouraging a more diverse group of people to stand as candidates

  NO

  • White Middle-class men dominate parliament with 442 out of 650 MPs being men. Ethnic minorities are even worse with only 52 MPs being non-white in 2017
• EXCLUSIVE HOUSE OF COMMONS POWERS

  • can veto legislation
  • amend legislation
  • can reject legislation
  • approves government budgets
  • can dismiss a government under extreme circumstances
  • ability to legitimise government is limited (run party lines)
  • represent constituency interests
  • Legitimation of the government and its laws
  • Ministers selected from the commons
• EXCLUSIVE HOUSE OF COMMONS POWERS

  The Commons can give consent to taxation and public expenditure since the Commons represents the taxpayer, and the Lords can't interfere with money bills for this reason, the chancellor of the exchequer is obliged to sit in the Commons where the budget is presented
• EXCLUSIVE HOUSE OF COMMONS POWERS

  confidence and supply: in the event of a minority government where the gov. does not join a coalition but relies on a limited agreement with another party (or parties) to keep itself in office (Tories and DUP in 2017) It will vote through the governments budget and support them in a vote of no confidence and in return the smaller party will receive concessions, the agreements are more flexible but less stable than a full coalition (Breakdown of SNP and Greens in scotland)
• EXCLUSIVE HOUSE OF LORDS POWERS

  The Salisbury convention: shortly after the election of the Atlee government, stated that the lords would not oppose a bill that gave effect to a commitment contained in the manifesto of the winning party at the general election
• EXCLUSIVE HOUSE OF LORDS POWERS

  • acts mainly as a revising chamber, proposing amendments to government legislation which the gov can decide whether to accept or reject it
  • it can delay non-financial legislation for one year
  • the lords can retain their veto in a doubtful situation if the government attempts to prolong its parliament beyond its maximum legal limit the lords can call a general election
• DEBATES ABOUT THE RELATIVE POWERS - LORDS ARE MORE EFFECTIVE 


  Party Discipline: it is weaker in the lords so it has more independence. The lords have several crossbenchers so there is more freedom to express their views

  the lords defeated the government:

  • 14 times in 2018 over the EU Withdrawal bill
  • 2 times in 2017 over the EU bill

  between 2010 and 2012 the lords defeated the coalition 48 times whilst the Commons did not defeat them on any occasions
• DEBATES ABOUT THE RELATIVE POWERS - LORDS ARE MORE EFFECTIVE

  Scrutiny: Lords spend most of their time scrutinising legislation, unlike the MPs in the Commons. Between 2010 and 2015, for example, the lords voted against reform to constituency boundaries, The NHS, The House of Lords, The AV, referendums and caps on welfare.