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PARLIAMENT:Evaluate the view that when it comes to fulfilling their respective functions, the House of Lords can be seen
as more successful than the House of Commons.
PARAGRAPH 1: legislative function
Agree: Party discipline in the Lords is weaker than in the Commons, so it is more independent.
- As around one-quarter of Lords are crossbenchers, peers are more able to express their own views.
- Since the removal of most hereditary peers in 1999, the Lords have been more willing to challenge the government.
- For example, the Lords rebelled against the govt requiring them to have a rethink:
o Dec 2020 – Lords forced the govt to U-turn over the internal markets bill to protect the rights of devolved
parliaments.
o EU Withdrawal Bill – in 2018 the govt lost 14 of the 16 divisions on amendments to the Bill in the Lords.
o 2012 Welfare Reform – the Lords inflicted three defeats on proposed benefits cuts and plans to means-test
payments for disabled people. Denounced by Lord Patel, a crossbencher and former president of the Royal
College of Obstetricians, an immoral attack on the sick.
Disagree: the legal restraints on the Lords remain, as demonstrated by the Commons overturning various Lords amendments to
legislation.
- The Parliament Act 1949 makes the Lords less powerful than the Common as it prevents them from vetoing legislation
and only allows them to delay for a year.
o All defeats by the Lords on both the EU Withdrawal Bill and the Article 50 Bill were overturned in the Commons.
o Despite the legal aid bill suffering 14 defeats in the Lords, only a few of the most contentious amendments were
accepted by the Coalition Government. Most were rejected on the grounds that the bill was primarily a financial
measure on which the Commons could overrule the Lords’ objections.
- The Salisbury Convention means the House of Lords doesn’t oppose measures in the manifesto of the elected
government.
PARAGRAPH 2: Scrutiny
Agree:
- The government majority in the Commons means the gov is rarely checked effectively, but because the government
doesn’t have a majority in the Lords, scrutiny is much more effective.
- The lords are more independent and so issues may be looked at in a non-partisan manner, especially by crossbench
peers. Because the Lords are there for life, whips have limited power over them.
- The Lords have more time to debate than the Commons so there is the opportunity for more detailed discussion of many
issues.
Have a system of SC:
o These do not mirror government departments as in the Commons but are set up to look at issues. Committees
on the economy and science and technology – reinforces Lord’s ability to specialise in certain areas.
Disagree: lords are less effective in scrutinising the government.
- PMQs and MQs allow the Commons to directly scrutinise gov by making it accountable for its actions; this direct scrutiny
is not possible in the Lords.
- The Commons SCs have grown in influence and authority since being reformed in 2010 – the lack of departmental SCs in
the Lords limits ability to scrutinise effectively.
o Since 2010 SC chairs have been elected by backbenchers, not whips. Members of these committees tend to
serve for the full Parliamentary term, meaning that they develop significant expertise in their area – the expertise
provided by the Lords is now matched by these committees.
- The Commons have the Liaison Committee, which questions and checks the PM, something that the Lords cannot do.
PARAGRAPH 3: representation
Agree:
- while the Lords cannot claim democratic legitimacy, as an unelected house, they may be more willing to represent people
and issues that an elected house may be less inclined to.
o Asylum and protection of human rights issues are not as electorally popular as other issues.
- The Lords represents areas of expertise outside of politics – in areas such as medicine, law, business, the arts, science
etc. – lacking in the Commons.
o The zoologist John Krebs chairs the Lords’ Science and Technology Committee, Lord Watson was a former
president of the British Medical Association.
Disagree:
- The Commons is elected, allowing MPs to represent their constitutions.
o It can do this collectively by speaking against something happening in their area which will have a negative effect
on their constituents.
o Can also represent them individually via adjournment debates, raising issues at PMQs or MQs or raising it
privately with a member of the government.
- The structure of the Lords works against increases in women’s membership.
o Hereditary peerages automatically pass to the first-born son, and the House has reserved places for bishops – a
position for which the first female was only chosen in 2014 – wo make up 14% of the Lords.
,Evaluate the view that Parliament retains sole sovereignty within the UK political system.
PARAGRAPH 1: Devolution
Disagree:
- Devolution of power from Parliament to Scotland, Wales and NI has resulted in a patchwork of reserved powers and devolved
powers.
o Heath – could be seen clearly in the differencing coronavirus restrictions.
o Wales and Scotland imposed stricter regulations over Christmas and New Year. and different approaches to education –
tuition fees, different covid rules in schools.
- Attempting to exercise sovereignty by reclaiming these powers would cause huge political controversy and it prevent by statute.
o The Sewel Convention = Parliament cannot take back devolved powers without a referendum. Codified in the Scottish
2016 and Wales 2017 Acts.
Agree:
- Devolved powers are specific and limited – Borders and immigration are not devolved so Scot Parliament could not impose its
own coronavirus restrictions on arrivals from other countries.
- Constitutional matters are not devolved – SC rules in 2023 that Scot Parl cannot call a second referendum without Parliament’s
consent.
- Parl decides to devolve power and can decide to take it back – parl had to assume legislative authority over NI when its assembly
was suspended 2017-20. Parl chose to equalize NI abortion and same sex marriage laws with the rest of the UK at this time.
Again suspended since 2001.
- Parl ignored the Sewel Convention – passing the EU Withdrawal Agreement Act 2020 without consent from the devolved bodies.
- Devolution can be revoked so Westminster is still sovereign. Scotland must ask for another referendum if they want one.
- EU referendum England voted leave, but Scotland voted remain and still left the EU.
PARAGRAPH 2: Executive
Disagree:
- If the Government can ‘command the confidence of the House of Commons’, then it holds sov over parl.
- Prerogative powers are retained by the executive and exercised on behalf of the monarch.
o Declaring war – although since the Iraq war it is a convection to consult Parliament before war, the PM does not have to
consult Parliament before authorizing armed attacks, and consent has been sought retrospectively (Libya – 2001, Syria
– 2017).
o Post Brexit, the renegotiation of the NI Protocol (trade rules) with the EU is being conducted by the executive, as this is
a prerogative power.
Agree:
- Parliament’s legal sov has been challenged by the Executive but defended by the SC.
- Legal sov is more significant than political sov, since it cannot be given away by Parl.
o Parliament’s sov was upheld by the Miller 2017 case that Parliament, not the Executive, had the right to trigger Article
50 to leave the EU.
o Parl’s sov was also upheld by the Miller 2019 prorogation case ruling.
PARAGRAPH 3: Supreme Court
Disagree:
- Incompatibility – the SC can issue declarations of incompatibility with the HRA – it has done so 43 times.
o The SC 2016 Reilly vs DWP appeal ruled that the retrospective change to the Jobseekers Regulations in 2013 was
incompatible with the right to a fair trial.
- Interpretation – the SC can interpret legislation passed by Parl. Quite often, legislation is poorly written, meaning that judges must
rely on judicial precedent for interpretation.
Agree:
- The SC can only interpret, not overrule, legislation as Parl is sov.
- A declaration of incompatibility does not compel Parl to a specific course of action. Parl can choose to reap or amend its new law
or derogate part of the HRA.
o Parls sov was upheld by the Miller 2017 case that Parl, not the Executive, had the right to trigger article 50 to leave the
EU.
o Miller case 2019 prorogation case ruling.
o In both cases, the SC did not establish new constitutional arrangements, but merely interpreted and re-affirmed the
existing constitution (laid down in Erskine May)
? PARAGRAPH 4: EU
Disagree:
- Britains membership of the EU, under which EU law took precedence over UK law, showed that Parliament was not sovereign at
that time.
o Trade within the EU was regulated by the European Commission and overseen by the ECtJ.
o External trade deals were negotiated by the EU.
o Environmental and agricultural regulations were set by the EU.
Agree:
- Parliament chose to join the EU, and Parliament decided to hold a referendum on the UK’s withdrawal.
- Although treaties are by convention a prerogative power, Parl gave itself the right to hold a meaningful vote on the terms of any
withdrawal deal with the EU.
o May was defeated by the Lords, who inserted the ‘meaningful vote; clause into her EU WA 2018 – led to the humiliating
repeat defeats by backbenchers over her deal in December 2018 – March 2019.
o Johnson’s eventual EU WA 2020 and subsequent trade treaty with the EU both had to be approved by Parliament.
,Evaluate the view that backbenchers have little impact on Parliament.
Intro:
- BBs are MPs not part of the government or the opposition shadow cabinet.
- In the last decade, backbenchers have been able to influence politics more due to governments’ having fewer seats and issues such as Brexit
causing defiance, which has had some question whether their impact has increased, particularly with the number of backbench rebellions.
- Ultimately, it is not true that backbenchers have little effect on parliament due to their role in select committees, their growing influence over the
legislative process, and their assertiveness at PMQs and through BB groupings.
Paragraph 1: Select Committees
Disagree:
- SCs can give backbenchers significant power as each one shadows a government department with a role to scrutinise the activities of this
department.
- Departmental committees – scrutinise the activities of depts.
1. Running of a department
2. Legislation that is to be passed or has been passed by the department.
3. Scrutinise the departmental budgets.
- BBs now have influence on SCs due to the Wright Reforms, which introduced secret ballots for members and most chairs.
- Whips no longer play a part in choosing members, resulting in independent-minded MPs being elected who are more likely to hold that government
department to account.
o For example, Dr Sarah Wollaston was very critical of the government’s health reform in 2015. Still, she became chair of the health
select committee under the new system after predictably not getting a role in government.
o Education SC chair Robert Halforn is independent minded – a serial rebel against Johnson (rebelled over COVID and free school
meals) – yet feels free to do so because he holds an influential position.
- Many now see SCs as a better career path. Many write reports after their investigations, and their influence is evident as 40% of recommendations
are accepted into government policy.
o 5p plastic bags were introduced after being recommended by the Environment SC.
Agree:
- Govt still has a majority on the committees.
- Even though members are not like before, they still have strong party affiliations.
- SCs have become theoretical – for example, Murdoch at the Culture SC.
- Often the committees investigate issues that are not central to government and parliament.
o e.g., the way Mike Ashley and Sports Direct did business – the way he was questioned contributed to his share price falling.
- The government are not bound by the confirmation hearings.
o Amanda Spellman – Education SC said she is not fit to head Ofsted – yet she became the head.
MC… even though there are some weaknesses to the current SC system, since the Wright Reforms, BBs are far more able to hold the govt to
account and are much more effective in parliament.
Paragraph 2: The legislative process
Disagree:
- Another argument is that BBs have had a growing role in passing legislation.
- Historically, BBs were regarded mainly as lobby fodder and told how to act by their party whips, but since 2010, backbenchers have become far
more assertive.
- Due to the succession of the coalition, small majority and then minority governments, BBs have had a growing role in ensuring parties reach
majorities and. Therefore, cannot be alienated by parties.
- Brexit debates have given many BBs a sense of commitment to a cause, meaning that BBs have become more used to portraying their beliefs
rather than just following the party line.
- While Blair only lost four divisions in the Commons over ten years, May lost 33 between 2017 and 19 alone – reflecting how the combination of a
minority government and an issue like Brexit results in BBs having unprecedented influence.
o Likely to continue in the future as even with a significant majority and the issue of Brexit being resolved, 99 Tories still rebelled against
Covid passports under Johnson.
- Social media has also contributed to BBs being influenced by voters with more scrutiny from the public.
Agree:
- These examples are exceptions, and Boris Johnson hasn’t lost a major Commons Bill since his election with a majority of 80.
- There is a limit on BB influence, as seen in 2019 when 21 MPs were expelled from the CP, confirming Lord Halisham’s idea that governments
ultimately have an ‘elective dictatorship’.
- BB can also be managed through the use of the appointment system (patronage) by giving or promising ministerial positions as a way of
exercising control.
- The govt willingness to pack its legislative agenda limits the time for parliamentary scrutiny of often lengthy and complex bills.
MC… yet overall, BBs today are more willing to stand up to the party whips and leadership and, therefore, have a greater influence.
Paragraph 3: PMQs
Disagree:
- Significant influence in holding the govt to account through PMQs and Urgent Questions.
o John Bercow has been referred to as ‘the backbenchers champion’ as in his first five years as speaker, he allowed for 159 UQs
compared to just 42 in the years before.
o This growth in UQs, in combination with the weekly PMQs, allows backbenchers to ask difficult questions to government ministers and
the Prime Minister to highlight important issues and hold the government to account.
- Many backbenchers in the social media age want to show themselves to be fighting for their constituents.
o Particularly in PMQ's, backbenchers have shown themselves to be ready to ask difficult questions, such as when David Davis told
Johnson, ‘For god's sake resign’, and PMQs are no longer a place where all backbenchers show absolutely loyalty.
- There have been a growing number of backbench groups that act like a US style caucus – a voting block.
o 1922 Committee - on the stablished influential group Responsible for triggering a leadership contest after 55 letters were submitted.
o The One Nation caucus - An estimated 110 Conservative MPs are members.
o The European Research Group - Challenge Theresa May.
o COVID recovery group - wrote a letter to Boris Johnson in January 2021 stating his ‘leadership will be on the table’ if he does not
publish an exit strategy for the current lockdown.
Agree:
- However, often backbenchers do not act autonomously.
- Most backbencher questions from the governing party are scripted with a litany of plodded questions rather than rigorous scrutiny and holding the
government to account.
- Due to its media attention, opposition party backbenchers can use these events to point score and gain publicity.
- The playground nature of PMQ's also makes them. Inefficient with tactics such as Cameron's ‘protective wall of sound’ to diminish criticism during
PMQ's.
, - These backbench groupings may be effective, but they ultimately only really work when the personal and political powers of the Prime Minister
wane, like Johnson and May after 2017.
MC… Overall, PMQ's an UQs could be more effective in allowing backbenchers to influence Parliament, as they rarely properly hold the
government to account and instead are theoretical.
Evaluate the view that scrutiny is effective within parliament.
P1: Select committees in scrutinising the executive.
Agree:
- Backbench MPs tend to be independent minded, willing to cooperate across party-lines.
- SC sessions are televised and receive media coverage.
- More effective form of scrutiny than questions on the floor of the Commons, questioning is prolonged and
often intense – committee members do not accept weak answers,
- Investigations are respected because of their evidence-based reports (objective), often dealing with issues of
public interest.
- The remit committees has widened to include some scrutiny of legislation.
- Long serving members can accumulate more knowledge than serving ministers.
o Yvette Cooper the chair of the Home Affairs Select Committee 2016 to 2022 scrutinised over 5
different home secretaries during her time.
- Membership of select committees is regarded as an alternative career path to ministerial positions.
- They have direct influence on government policy.
o 2014 – the Home Office was advised to take back control of the passport office because of a large
backlog of applications leading to public anger.
Disagree: have several significant limitations.
- The majority of committees members are drawn from the governing party backbench MPs, and by convention
chair influential treasury foreign affairs and defence committees – leading to questions over their integrity and
impartiality.
- Despite the Wright Reforms, the small size of committees (11-14 members) mean they can only cover a
limited range of topics in depth.
- There’s a high turnover of committee members and many struggle to attend regularly.
- Government disregard about 60% of the recommendations.
- Select Committee powers can be limited in 2013 as Home Sec Theresa May blocked the appearance of the
head of MI15Andreew Parker, claiming it would compromise national security.
P2: Liaison Committee.
Agree:
- Created in its present form in 2002.
- Consists of the chairs of all the departmental select committees as well as several other committees.
- Its main function is to call the PM to account. Twice a year the PM must appear before the Liaison Committee.
- It oversees the work of the House of Commons select committees.
- The chairs are experiences MPs, the sessions are televised and last for several hours – intense.
o 2016 – Cameron questioned over Syrian War policy.
o More assertive from 2017-20 with no clear govt majority and controversy over Brexit.
o 2021 – Johnson was questioned intensely over govts response to Covid 19 – especially the delays to
announcing second lockdown due to the second wave.
Disagree:
- Not been very effective, apart from the brief stint under Andrew Tyrie.
- The lack of power.
o has been exemplified by the fact that Boris Johnson cancelled several planned appearances,
reflecting the lack of teeth that the committee really has.
P3: Public Bill Committees.
Agree:
- Typically, around 50 MPs join these depending on their background knowledge of the issue.
- They provide detailed, line-by-line examination of a bill and can propose amendments – allows the
committees to consider problems with the legislation that were not picked up in earlier readings.
- The ministers attending come from the departments involved and are matched by the shadow cabinet
frontbenchers who parallel them - brings a certain degree of different expertise to each discussion.
Disagree:
- Government whips can completely dominate proceedings, with the committee majority accepting only
government amendments.
o Around 99% of ministerial amendments succeed, while the success rate for non-government
amendments is below 1%.
o Bill committees are involved at the latter stages of the legislative process, after the second reading
has passed – already considered a ‘done deal’.
- Might lack expertise because their membership is heavily controlled by party whips.
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