Functions of parliament

Responsibilty function

Representative function

Debate function

Floodgating

gag

guillotine

Floodgating

A strategy (used by govt) ofintroducing a high volume of legislation in the parliament with the aim of passing bills quickly with minimal scrutiny & debate

This overwhelms the deliberative statutory process which has finite time and resources to create and pass legislation.

The cost of floodgating is poor quality legislation that lacks scrutiny and fine tuning. This can lead to problems and contradictions requiring further legislation or amendments to be made to correct them.

Gag

•Is a motion under Standing Orders passed in a house of parliament to end further debate and speed up passage of legislation.

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•During second reading debate govt. can instruct minister or private member to move a motion putting the bill immediately to a vote.

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•Due to executive dominance (govt. numbers) they will succeed in vote on motion – debate is ‘gagged’.

Guillotine

•A motion is passed in parliament to impose a time limit on debate.

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•Before debate commences the govt. moves a motion limiting the time allocated for debate.

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•When time limit expires – the guillotine falls.

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•Govt. can manipulate debate on legislation – because it has controlling vote in the HOR (executive dominance)

legislative function (theory)

Primary role of the legislature is to make laws

theoretically

• well scruntinied through statutory process - speeches, debate, committees ensure ‘good legisaltion’ is made.

• have diversity of input

• can be initiated by any MPs

• Follow detailed stages of statutory process.

• are subjet to senate acting as the house of review.

Legislative function (in practise)

•Parliament is an highly efficient law-making machine.

•Sits for approx. 60 days a year.

•Each year, approx. 150 bills passed!

•Executive dominance – HOR

•Caused by Westminster style executive; preferential voting and strong party discipline meaning…

•Legislative function dominated by Executive.

•Govt. uses its majority / numbers in HOR to manipulate parliamentary process and procedures.

•Executive can use tactics like the gag, guillotine & floodgating to push through govt. legislation in lower house.

•But note Medevac Bill passing HOR in
2018 against Govt. – 1^st time in 80 yrs
govt. lost a vote in the HOR.

Individual ministerial responsibility

Collective ministerial responsibilty

Question time

Committees

•A small cross-party group of members of parliament that inquires into specified matters & reports back to the parliament.

•Note that HOR Committee can be dominated by Govt.

•But Senate committees are proportionally represented – hence unlikely to be dominated by govt.