Evaluate how far the power of the executive has been undermined by constitutional reforms since 1997
PARA 1 - P1 - P1 - devolution
Blair, as part of his democratising reforms, enabled referendums to be held on devolving legislative
powers to Scotland, Wales and NI. This has undermined the power ...
UK government essay plans questions and
answers passed 100%
Evaluate how far the power of the executive has been undermined by constitutional reforms since 1997
PARA 1 - ✔✔P1 - P1 - devolution
Blair, as part of his democratising reforms, enabled referendums to be held on devolving legislative
powers to Scotland, Wales and NI. This has undermined the power of the executive by granting other
assemblies powers that used to be held at westminster. Westminster now has no say on certain areas of
legislation in devolved assemblies. 1997 resulted in an overwhelming 'Yes' victory, leading to the
Scotland Act 1998 being passed and the Scottish Parliament being established in 1999. The Scotland act
1998 - legislated for the establishment of the devolved Scottish Parliament with tax varying powers and
the Scottish Government (then Scottish Executive). This has also allowed for Scotland to hold
independence referendums, potentially making them completely separate from Westminster, where the
English parliament would have no say over any matters. This has been helped by the SNP and its
increasing popularity. However, no referendum resulted in independence
In 1997, a second referendum, following the 1979 referendum, on devolution, saw the Welsh electorate
vote narrowly in favour of establishing a National Assembly for Wales (Senedd) by 50.3 per cent, on a
50.2 per cent turnout. The Government of Wales Act 1998 granted the formation of the National
Assembly and granted it a significant number of new powers which included most of the powers
previously held by the Secretary of State for Wales and at least 20 national institutions including the
Education and Learning Wales, Environment Agency Wales and the Welsh Language Board. The
Northern Ireland Act 1998 formally established the Assembly in law, in accordance with the Good Friday
(or Belfast) Agreement.
This devolution has created voting issues for UK parliament due to west lothian question
CA
CA - not enough, EVEL, brexit
EVEL has partly solved the wes
Evaluate how far the power of the executive has been undermined by constitutional reforms since 1997
PARA 2 - ✔✔P2 - HRA given courts more power - reduced exec power most
HRA codified ECHR into British law. Gave the judiciary power to undermine the actions and legislation of
parliament.
,Done through DOI and judicial review.
David miranda case, Gina Miller case, Belmarsh case
CA
parliament is sovereign, no judicial decision is binding, govt can repeal or make any law, Raab looking to
create a Bill of Rights.
Control orders with belmarsh
Raab wants to create a British bill of rights which would specify laws so the judiciary cannot wield much
power of interpretation.
Evaluate how far the power of the executive has been undermined by constitutional reforms since 1997
PARA 3 - ✔✔P3 - parliamentary reform
Made select committees by secret ballot - no influence of PM on select committees.
Gave more power to backbenchers - backbench business committee
Select committees are able to force the government to amend/create legislation and hold the executive
to account. 40% SC recommendations are taken into account
Committee reports are well researched and can lead to good laws being passed Microbeads were
banned in Jan 2018 - environmental audits committee. Also, 5p paper plastic bags being banned was a
recommendation from the environment committee.
HOL - greater legitimacy - no where near undermining the power of the exec as the commons
CA
still parliamentary majority, bill committees.
Govt not bound by the confirmation hearings (heads of public bodies go to SC and questions and before
becoming head of that body, SC grill them, and recommend whether they should be appointed. E.g Last
ofsted head - Caroline Spellman - education select committee said she is not fit to head ofsted but govt
put her in anyway.
PM can appoint Bill committees
The Government still has a parliamentary majority on committees.
, PM can avoid committees - Boris avoided the Liaison committee 3 times in 2019.
Evaluate the view that backbenchers have little impact on parliament INTRO - ✔✔Backbenchers are
MPs who are not part of the government or the opposition shadow cabinet. In the last decade,
backbenchers have been able to influence politics more due to the increase in unstable governments'
having fewer seats and issues such as Brexit causing defiance, which has made some question whether
their impact has increased, particularly with the number of backbench rebellions. Former speaker John
Bercow was willing to facilitate creative uses of parliamentary procedures in ways that gave
backbenchers more power to influence than usual. However, Backbenchers will have less scope to use
innovative tactics with the return of a majority government following the 2019 election and new
speaker Lindsay Hoyle. However, the 2017-19 parliament may have had a cultural impact in facilitating
backbench activism that could be hard to reverse. As they did in the last parliament, backbenchers will
now have to focus on using more conventional parliamentary procedures to hold the government to
account, influence debate and represent their constituents' interests. Despite this, it is a more
convincing argument to suggest that backbenchers do have a large impact on parliament.
Evaluate the view that backbenchers have little impact on parliament PARA 1 - ✔✔P1 - • Select
committees can give backbenchers significant powers 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 dept • 2. Legislation that is to be passed or has been passed by dept
• 3. Scrutinise the dept budget • Backbenchers now have influence in Select Committees due to the
2010 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 been elected who are more likely
to hold that government department to account. • For example, Sarah Woolaston was very critical of
the government's health reform in 2015 but under the new system, became chair of the health select
committee after predictably not getting a role in government. • The influence of these select
committees is very apparent, particularly as Margaret Hodge stated as chair of the Public Accounts
Committee that she had "more influence in that role than as a government minister." Many now see
select committees as a better career path. • Select Committees write reports after their investigations
and their influence is clear as 40% of recommendations are accepted into government policy; 5p plastic
bags were introduced by the government after being recommended by the Environment Select
Committee. • Committees reports are well researched and can lead to good laws being passed
Microbeads were banned in Jan 2018 - environmental audits committee • Jeremy Hunt (Health SC) -
sent out a Tweet urging a lockdown in January 2021 and has held the government to account on covid
policy. • Dominic Cummings criticises the govt over handing of COVID in an explosive lengthy hearing. •
The privileges committee af
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