The ways in which Parliament interacts with the Executive

Definition of parliamentary privilege

The right of MPs or Lords to make certain statements within Parliament without being subject to outside influence, including the law. They have free speech.

Why is parliamentary privilege seen as a vital principle?

So the MPs can speak freely without feeling bound to the Government. It allows them to represent their constituencies and try and benefit them. It enhances the scrutiny role.

An example of when parliamentary privilege was in practice?

In May 2011, MP John Hemming rose to ask a question, which involved criticising super - injunctions (legal bans on the press reporting on private issues or even being able to name the individual, such as celebrities). He starting talking about 75,000 people naming “Ryan Giggs” on Twitter, it is impractical to imprison them all. This event exemplified parliamentary privilege as it allowed Hemming to discuss a legal issue without fear of legal repercussions.

How can parliamentary privilege undermine the rule of law and the ability to have a fair trial?

It allows MPs to make statements that may influence public opinion and potentially prejudice ongoing legal proceedings. For example, Peter Hain broke an injunction taken by Sir Philip Green over allegations of sexual assault and misconduct. The HOL took no action against Lord Hain and his actions were “straightforward attack on the rule of law”.

What role do backbenchers do?

The take part in debates, can propose private members’ bills, they can represent constituents by trying to address their aggrievances and they hold the government to account, by participating in committees

Example of a successful back bench MP?

Mhairi Black (SNP) was aged only 20 when she was elected in 2015. She made impactful speeches and was quickly made a member of the Work and Pensions Select Committee and specialised on issues concerning welfare and inequality.

Definition of select committee?

A committee responsible for scrutinising the work of the government, particularly individual government departments

What is the role of the Public Accounts Committee?

To examine the public finances. They scrutinise value for money, the economy, efficiency and effectiveness of public spending and generally holds the government and its civil servants for account for the delivery of public services

Why is the public accounts committee powerful?

Its chair is always a member of the main opposition party. The chair and members are all elected by MPs and so are not controlled by party leaders, leading to more effective scrutiny. This independence means that the government has no advantage on the committee.

An example of a key Public accounts committee investigation?

In 2020, they investigated into gambling regulation and the issues of problem gambling and the vulnerable. In conclusion of the investigation, the government announced proposals to ban the use of credit cards on online gambling sites to prevent people from incurring large gambling debts.

How did the Public Accounts committee force a government response?

The reports are publicised by the media and met with public outrage. The committee’s power rests on its ability to gain public support for its investigations, which pressures the government into acting.

What are the features of departmental select committees?

Cross - party whips determine which committee chairs will be awarded to each party (be in line with party representation in the commons). They can call witnesses, such as people who have felt the effects of the government policy or provide expertise in that certain area (eg. doctors or economists) to give evidence and ask detailed questions, scrutinising government departments and their activities.

Key departmental select committee reports example

In 2020, the transport committee condemned the way British Airways had treated its employees during the pandemic. Specifically mentioned BA's plans to cut 12,000 jobs and downgrade terms and conditions for 35,000 employees as a "calculated attempt to take advantage of the pandemic". Also, Health & Social Care Committee usually scrutinises NHS funding

Importance of departmental committees?

They play a crucial part in role in holding the government to account, as every government department has a departmental select committee to scrutinise it, and many of their investigations have had great influence. In recent years, they have started to extend their work to consider the matters of general public interests which enhances democracy. These investigations are held to hope that the government will consider new legislation to deal with the problems revealed.

What are the features of the Liason Committee? (2002)

Apart from overseeing the work of HOC select committees, its main function is to call the Prime Minister to account. Twice a year the PM must appear before the committee.

Evaluation of the Liason Committee?

Not very effective as it lacks enforcement powers and often relies on the government to collaborate. This was exemplified by Boris Johnson cancelling several planned appearances, reflecting the lack of power the committee has

Features of the Backbench Business Committee?

It was set up as part of the Wright Reforms (2010). It is made up of elected backbench MPs. Its main role is to determine what issues should be debated on the day a week allocated to backbench business.

Where does the subject matter of the debates in the Back Bench Business Committee come from?

When an e - petition on the Downing Street website achieves 100,000 signatures or when an MP or group of MPs request a specific debate.

Examples of recent debates in the back bench business committee?

The effect of Covid 19 on Black, Asian and minority ethnic communities. In 2011, a e - petition asking for the publication of all the documents relating to the 1989 Hillsborough disaster. The government were forced to release previously secret papers about the disaster as a result.

What is the role of the official opposition and opposition parties?

The main opposition party are a “government in waiting”. All opposition parties have the job of holding the government to account by critically examining policies. They defend the interests of sections of society who feel ignored

What are the Prime Ministers Questions?

They occur every Wednesday at noon and typically last 30 - 45 mins. The leader of the opposition gets to ask 6 questions. Back benchers can also ask the Prime Minister questions, but the selection process is extensive including using a computarised ballot. Another process is that back benchers can stand up, or “bop” to be noticed by the speaker and be allowed to ask a question. The government can also asked back benchers of their party to ask favourable questions.

Significance of Prime Ministers Questions?

One could say that PMQs allows Parliament to hold the Prime Minister to account which enhances democracy and representation, however, PMQs have more of a “gladiatorial” nature and only really reveals the personalities of the leaders, instead of the details of governmental policies. For example, Cameron insulted Corbyn on his choice of suit. There are also deliberate “planted” questions eg. Conservatives asked to ask questions about Cameron’s long term economic plan.

Example of the executive dominating the committees and undermine Parliamentary controls

. Since March 2020, the position is elected by the whole House and so the executive can use the whips and its majority to influence the appointment. Eg. Sir Bernard Jenkin being appointed to chair the Liason committee