Title | House of Commons Notes |
---|---|
Course | Public Law I |
Institution | University of Liverpool |
Pages | 11 |
File Size | 172.1 KB |
File Type | |
Total Downloads | 59 |
Total Views | 144 |
House of Commons Notes...
House of Commons: Composition
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‘What should we want from the House of Commons in the early 21st
century?’
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Such was the question posed by John Bercow in ‘A House Rebuilt?
Progress, governance and an agenda towards 2020’(2015).
o Bercow (2015) set out the attributes as: an effective legislature,
which is closely connected to the public that it serves.
o The UK has a Schumpeterian instead of a participatory democracy;
o Named after Schumpeter in Capitalism, Socialism and Democracy
(1944).
o Hence, the elected MPs are given the wide discretion to represent
their electorate as they see fit.
o Norton (1993) clarified that Parliament does not govern;
Parliament represents the view of the people and scrutinise
the executive, and legitimise their actions.
-
Quoting Meg Russell and Akash Paun in The House Rules? International
lessons for enhancing the autonomy of the House of Commons (2007), ‘the
fusion of executive and legislature can make it difficult for the Commons to
speak with its own voice’.
o
Key individuals such as the Speaker and the Leader of the House
speak for the chamber as a whole.
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The Speaker is entrusted with disciplinary power; and the control of
debate.
o Notably, the Speaker is given discretion as to the granting of an
application for emergency debate and urgent questions.
o The politically impartial speaker will allow Government, Opposition
and minorities to participate in the debate, in an orderly manner.
o The current Speaker John Bercow is the first Speaker who was
elected with an exhaustive secret `ballot system.
o Bercow is actively involved in programmes such as outreach visits
and school visits to engage public engagement in the work of
Parliament.
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On the other hand, the Leader of the House is responsible for the
organisation of business in the Commons, and is a Minister of the Crown
under House of Commons (Administration) Act 1978.
o The leader of the House would represent the House of Commons
where the Prime Minister is unavailable.
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The party whips are the team of MPs appointed by respective parties.
o They arrange parliamentary business and exercise party political
control of MPs;
encouraging MPs to vote according to the party line.
o
David Hencke in A new politics: Curbing the whips (2009)
acknowledged that the whips are ‘essential to the running of an
efficient political process’
but these salaried whips are ‘a creature of the political party
rather than an aide to democracy’.
-
‘One of the most important innovations in Parliament’ would no doubt be
the House of Commons Departmental Select Committees, as observed by
Power (2006).
o The Select Committees are termed by Rush (2005) as the ‘most
effective form of scrutiny’ of legislation in the Commons.
o
Indeed, even in Selective Influence: The Policy Impact of House of
Commons Select Committees (2011), Russell and Benton noted that
‘since the establishment of the departmental system of committees
30 years ago, they have come to be highly regarded both inside and
outside of parliament’.
-
Following the House of Commons Reform Committee report, Rebuilding
the House (2009), party whips no longer influence the appointment of
Select Committee members and the chair, as they will now be elected by
secret ballot.
o Russell and Benton (2011) commented that the Wright committee
reforms had ‘potentially enhance the committees’ independence
and status.’
-
Frontbencher is either a Government minister or Opposition shadow
spokesperson.
o These are the leaders; while their supporters are the backbenchers.
o The implementation of Wright report sees the establishment of a
Backbench Business Committee.
o The Independent Parliamentary Standards Authority (IPSA) was set
up to restore public confidence after the 2009 expenses scandal,
and it has taken over the new MP’s expenses scheme in 2010.
o The new MPs’ Scheme of Business Costs and Expenses by IPSA will
come into force the day after the 2015 General Election.
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Regarding the standards of conduct expected of MPs during their
parliamentary duties, House of Commons has published The Code of
Conduct and The guide to the Rules relating to the Conduct of Members
(2015).
o MPs are also required to declare all relevant interests which will be
published in the Register of Interests.
o The Committee on Standards and the Parliamentary Commissioner
for Standards will be responsible for upholding the code.
o As to the practice of Lobbying, The Transparency of Lobbying, Non-
Party Campaigning and Trade Union Administration Act 2014 was
enacted.
o What David Cameron termed as the ‘far-too-cosy relationship’
between politics, government, business and money; will be keep at
minimal by the act.
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Jennings (1947) described the Opposition as an ‘alternative to the
government and a focus of discontent of the people’.
o Opposition question, probe, and call the Government to account.
Notably, Opposition may call for a vote of no confidence, under s.2
Parliaments Act 2011.
o This is why Opposition is often known as a ‘Government in wait’,
and is crucial in ensuring an accountable Government;
besides acting as a safeguard against the dominance of
executive in the Parliament.
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The representation of women in the House is worrying. According to UN
Economic Commission for Europe (UNECE), only 22% of MPs in UK are
women.
o This proportion is lower than that of the Scottish Parliament and
National Assembly for Wales.
o The Sex Discrimination (Election Candidates) Act 2002 enables
political parties to take positive action to reduce gender inequality
in the number of members.
o However, the Labour Party was the only political party to use all-
female shortlists for constituencies in the 2005 and 2010 General
Election.
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However, the Westminster Parliament remains a ‘no-go zone for women’;
evidently, the resignation of Susan Gaszczak following the sexual
harassment saga in which no serious action was taken against the alleged
perpetrator, Lord Rennard.
o Róisín Watson (2014) suggested for the problem of gender
imbalance in Westminster to be addressed with ‘networking, party
support and updated working practices’.
o Women need to be offered the same professional protection as
men. Kate Green, the Labour MP, emphasised that ‘Parliament
should not be a place where low-level sexual harassment is
somehow tolerated’.
-
Recently, the Westminster Parliament claimed that ‘high turnover has
contributed to a House of Commons that is more representative of the
population than ever before’.
o After the 2010 General Election, there are 35% of new MPs in the
Commons, diversifying the characteristics of MPs as a group.
o However, statistics showed that it remains that 90% of MPs are
university graduates, compared with the 20% of the adult
population in UK.
-
In Selective Influence: The Policy Impact of House of Commons Select
Committees (2011), Russell and Benton pointed out that the public has
been sceptic on the effectiveness of the British House of Commons;
o Cowley 2002 and Hansard Society 2008 are among those who had
questioned the Commons’ actual (limited) legislative influence....