Lecture notes
parliamentary scrutiny
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- Sheffield Hallam University (SHU)
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Constitutional law and practiceParliamentary Scrutiny
What is scrutiny
- Critically observe someone’s conduct
- Ensuring transparency
- Hold someone accountable for their conduct
How does parliament scrutinise the executive whilst legislating?
- Debates in the house of commons
- Committee stages to scrutinise detail
- Tabling amendments
- Accepting or rejecting government proposals for legislation
FACTORS TO REMEMBER
- A large majority in the commons may mean that legislation will be accepted (its unlikely to
lose a vote)
- Parliament acts 1911/49 allow for HL (house of lords) to be by-passed (although rarely used)
- Salisbury convention means that manifesto commitments should be respected by HL (2015
tax credits vote in the house of lords
How does parliament scrutinise the work the executive is doing?
QUESTIONS
- Prime minister questions (weekly on a Wednesday, 30 mins)
- Ministerial questions (on a rota)
- Written questions
FACTORS TO REMEMBER
- PMQs do involve questions that have not been seen in advance and are a test of
competence
- Often concerned with political point scoring rather than substance
- Ministerial questions are seen in advance so answers can be prepared, enforces
accountability and every answer will be entered onto the code
- Answers to all questions (including written) are recorded in Hansard and therefore in the
public domain
- Misleading the house is a breach of the convention (and the ministerial code)
How does parliament scrutinise the work the executive is doing?
DEBATES
- A motion of no confidence in the government (example- 15 th January 2019, the motion of no
confidence in Theresa May, entered by then leader of the opposition. Rejected the next day
- Opposition day debates time in calendar for the opposition to set the agenda
- General debates called on topical issues, including debates that must be held in a public
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