House of Commons Notes PDF

Title House of Commons Notes
Course Public Law I
Institution University of Liverpool
Pages 11
File Size 172.1 KB
File Type PDF
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Summary

House of Commons Notes...


Description

House of Commons: Composition

-

‘What should we want from the House of Commons in the early 21st

century?’

-

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.

-

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.

-

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.

-

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.

-

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.

-

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.

-

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.

-

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....


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