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Functions of Parliament

3. Representation

MPs are elected into the H.O.C in order to represent the people. This means:

  • They have been freely elected and should represent those interests who elected them
  • They are socially representative of those whom they represent (class / ethnicity)

Does it matter that MPs are not socially representative?

Descriptive Representation

The majority of people willing to stand are middle aged, highly educated, white and male. Would an exact microcosm really be desirable?? They need to be well educated as they have to handle complex issues

Should there be more women / ethnic minorities?

YES:

  • They may loose faith and turn to more radical ways to get their voices heard if not included in parliament
  • There will be fewer debates on issues affecting them if they are under represented
  • It will get more people into politics
  • Show that parties are committed to tackling discrimination

NO

  • It is not necessary for this to happen in a representative democracy
  • You do not have to have lived in a slum to appreciate they need improving
  • You do not need to be black to fight for racial equlity
  • You shouldn't be picked based on any social factor, it should be the best person for the role

This is where the legislature should mirror society's image. It should act as a microcosm for society.

People have issues with the underrepresentation of:

  • Women
  • Ethnic Minorities (
  • Working Class (9/10 went to Uni, 1/3 of those went to Oxbridge)
  • Homosexual (George Osborne incident)
  • Youth (new 20 year old MP)

Under representation of other groups

Representation of WOMEN

1. Ethnic Diversity

  • In 2010 4% of Commons were ethnic minorities, 14% make up the UK

2. Age

  • Young and Old people are underrepresented as most MPs age between 35-55

3. Education

  • 9/10 in Uni
  • 1/4+ of those going to Oxbridge
  • 1/3 went to a fee paying school when on 7% of UK do

4. Social Class

  • Fewer than 10% of Labour MPs are former manual workers
  • Too many elites (PM / Chancellor are ETONIANS!)

5. There are only 20 openly gay MPs in 2010

Ways to increase number of women in parliament

1. All-women shortlists

  • Used by Tony Blair & Labour since 1997
  • They are guarantees that women will be elected in certain constituencies
  • Led to "Blairs Babes"

2. Priority Lists

  • Cameron introducd there in 2005 for the top 100 Tory target seats. However only 19 women got on the "A lists" but it did set a high of 49 Tory women MPs
  • 68 women Tory MPs in 2015

Some suggest they will naturally increase as times are changing!

29% in 2015 (A RECORD + increase of 7% from 2010)

Why has there been under-representation of women?

  • 1. Child-bearing / home-making responsibility (long term)
  • 2. Electoral System
  • 3. Nature of parliamentary life, more aggressive (long term)

Rwanda (PR) - 49% women

Sweden (PR) - 47% women

USA 2005 (FPTP) - 16.3% women

UK 2015 (FPTP) - 29% women

4. Recruitment of Ministers

Government ministers must be members of the COMMONS / LORDS.

  • 95 MPs held payroll posts in 2012
  • 43 parliamentary private secretaries

Parliament is a recruiting ground for ministers, however it isn't always successful:

  • Lack of communication skills
  • Lack of expertise in real world (rise of career politicians - Cameron, Miliband, Johnson, Osborne)
  • Conformity - Loyal MPs will be the ministers, not the best MPs

2. Scrutiny & Accountability

1. Question Time

2. The Opposition

3. Debates

4. Select Committees

5. Early Day Motions

What are they?

1. Question Time

Oral questions are put to departmental ministers on a rota basis.

  • Some are poorly attended

The most high profile event is PMQs. Used to be 15minutes twice a week, Blair changed it to 30 once a week.

  • This is now more about gaining political gains
  • Cameron "why are you so chicken when it comes to the Greens"
  • However it can be important, a series of poor performances led to the downfall of IDS
  • Not much detailed scrutiny is done here

There are also lots of written questions

1. Legislation

2. Scrutiny and Accountability

3. Representation

4. Recruitment of Ministers

5. Legitimacy

4. Select Committees

What are they?

  • Organizations that scrutinize the government away from the partisan atmosphere in the Commons

All committee members are backbench MP's, elected by party groupings via a secret ballot.

  • The chair of each committee is elected via AV in a secret ballot (Wright committee recommendations)

Over time, committee members can become more expert in their fields than the minister. They often last longer than the minister, who average 2 years.

A study shows around 40% of select committee recommendations are put into practice

2. The Opposition

ARE SELECT COMMITTEES EFFECTIVE IN SCRUTINIZING THE EXECUTIVE?

Departmental SC

Non-Departmental SC

11-14 members

There are 19 in total

  • Focus specifically on government legislation / behavior in the relevant department.

Have the power to call witnesses / papers

- But they can only RECOMMEND and not enforce their suggestions

Education Select Committe 2010-15 was chaired by GRAHAM STUART (Tory) and they found that the government had failed to follow up on maintaining olympic legacy in schools.

  • They suggested more funding
  • Tories said NO, Labour put it in their manifesto

NO

  • Resources are limited
  • Most of the recommendations are declined
  • Don't get too much publicity
  • A government with a majority will also have a majority in committees
  • Ministers may not provide much information - so to be more effective they need more powers

YES:

  • They work in a less partisan way than in the Commons and therefore judge the policies alone regardless of whose creating them (this was enhanced by election of chairs)
  • They often become experts in the field meaning scrutiny is accurate
  • Make the government more open, evidence being taken into the public eye
  • 40% of select committee recommendations are accepted

3. Debates

Examples

  • Liaison Committee - Made up of all the chairs of select committees, question PM twice a year
  • Public Accounts Committee - The oldest committee examining government expenditure to check how the government raises and spends revenue.
  • 8 CON, 5 LAB, 1 LD (chair LAB)
  • Investigated Google's alleged TAX AVOIDANCE scheme in 2013, criticised HMRC for not collecting sufficient tax
  • HMRC agreed to look again at Google's tax account

Problems they have:

  • Lacks information that they government have (from civil servants / advisers)
  • Government set the agenda
  • Morale can be low after an election defeat

The largest party not included in the government.

  • It opposes the government - table amendments and scrutinize legislation
  • It supports the government (EU referendum from 2015)
  • It provides an alternative to the government
  • Particuarly effective if there is a MINORITY government / SMALL MAJORITY
  • Get to set the debate agenda on 20 days in the parliamentary year

Half-an-hour adjournment debates at the end of each day give MPs the chance to raise a particular issue

  • Speaker John Bercow has required ministers to answers 'urgent questions' more frequently

Many are poorly attended

But they can be crucial, Neville Chamberlain resigned after loosing a debate after the German invasion of Norway

  • The debate on Iraq as also highly attended
  • The BACKBENCH BUSINESS COMMITTEE was established in 2010 and can set the agenda for the debate on the floor of the Commons / Westminster Hall 1 day a week.
  • They take into account backbench opinion, select committees and e-petitions when determining the subject for debate
  • They have previously chosen an EU referendum topic and the 1989 Hillsborough disaster

Legitimacy:

1. Legislation

Both the House of Commons and the House of Lords are part of the LEGISLATURE.

  • However, virtually all legislative proposals originate from the executive, as the legislative and executive branches are fused together, this means they can normally see through it's manifesto

Government policies are scrutinised by MPs who represent the people.

  • MPs elected by the people hold the executive to account
  • However there are limits to the legitimacy of parliament
  • The House of Lords is unelected
  • "Cash for Questions" damaged parliaments representation
  • 2009 expenses scandal damaged parliaments legitimacy
  • Jacqui Smith claiming for adult movies
  • Six Labour MPs faced criminal charges, 4 jailed
  • But the Parliamentary Standards Act 2009, and the Kelly Report were issued to prevent this from happening again

Legislative Process

STAGES!

1. Bill drafted (along with White / Green paper)

On 56 occasions draft bills went into pre legislative scrutiny under the Labour government.

2. First Reading - No debate!

3. Second Reading - Main debate on principle of the bill. Vote is taken if bill is contested, but only 2 defeats since 1945. (Sunday Trading Bill 1986 defeated by 14)

4. Committee Stage - Scrutiny of bill occurs, consideration of ammendments. A new public bill committee is established for each bill ranging from 16 to 50 mebmers. Bills of particular significance such as finance bills have a committee of the whole house

5. Report Stage - Ammendments considered by whole house

6. Third Reading- Debate on ammended bill

7. Repeat in the House of Lords

8.Consideration of amendments in the camber where it originates - Can envoke parliament act of 1949

9. Royal Assent - where no bill has been rejected since 1707

This is where a bill becomes LAW. The government may produce a GREEN PAPER (which sets out options for legislation) or a WHITE PAPER (setting out the objectives of the bill)

The Government's legislative programme is laid out at the QUEENS SPEECH at the beginning of the parliamentary session

Types of Bills

  • Public Bills
  • Private Members Bills (or Private Peers Bills)
  • Secondary Legislation

Public Bill

Private Members' Bills

Effectivness of the Legislature

Public Bills alter the general law of the land and affect public policy.

  • Majority are from government and brought into the house by the relevent departmental minister
  • Introduced by MP's or Peers
  • Are still public bills which aim to change the law for whole population
  • Can be introduced as a result of winning a place in "top 20 ballot" held in each parliamentary session
  • Can be "TEN MINUTE BILLS" where MP gets to speak for 10 minutes outlining the purposal
  • FEW PMBs actually make it into law, but they create publicity for an issue
  • They are also often socio-moral issues where parties are often unbiased
  • Murder Act 1965 and Abortion Act 1967 were PMB's

In theory, they can MAKE, AMEND or REPEAL any law it chooses. However, the government is responsible for most of the laws passed by parliament

The UK government is a policy-influencing legislature. It reacts to government proposals rather than taking the lead in formulating policy. But Parliaments legislative function is limited by the dominance of the executive in 4 main ways:

  • 1. Government Bills - Most bills that come before parliament originate from the government. PMB's will only succeed with government backing.
  • 2. Parliamentary Timetable - Executive controls this and can use "guillotine motions" to curtail debates
  • 3. Party Discipline - Whip system ensures that government proposals are rarely defeated
  • 4. House of Lords - Can easily be defeated and doesn't alter the key features of most bills
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