Evaluate the view that select committees are the most effective way for the House of Commons to hold the Executive to account.

intro

select committees are bi-partisan committees in both the House of Commons and lords that are primarily responsible for scrutinising the government. Since the 2010 Wright reforms, there has been a radical shift away from the executive in the commons and the House of Lords provides expertise that helps keep government to account. Select committees today are much more independent and are effective mechanisms in parliament to hold the government to account

select committees are bipartisan in nature and independent from the executive

-This is because since the wright reforms the majority of select committee chairs and members are now elected by their fellow MP's.

-the committees are bipartisan,

-The main task of select committees is to scrutinise a department and performances of a minister. Roughly 40% of their recommendations are accepted by government. a very strong number considering their recommendations are non-binding

-in march 22 the education select committee chaired by Robert Halford wrote a report titled "is the catch up programme fit for purpose", criticising the scheme to he children children in state schools catch up" . the department of education responded" we accept and are acting on most of the recommendations "

-the health and social care select committee in October 2021 produced a report saying that "during first 3 months of the covid pandemic, the UK followed the wrong policy" severely criticised the governments handling of covid. the committee has a majority conservative members and is chaired by Jeremy Hunt, who was health secretary in Camerons coalition. Hunt was instrumental in pushing lockdown in jan 2021 by sending out public tweets

-Chairs have become far more prominent and many see it as a "get out of jail free card"to escape the clutches of whips

government still has a majority on the committees

-even though members are not like before, they still have strong party affiliations

-select committees have become more theatrical e.g. Murdoch at the culture select committee.

-some see it as a means for MP's to score soundbites on social media and the news and its seriousness is undermined

-often committees issues that are not central to govt and parliament

-the problem with the power to summon is that they cannot compel ministers to attend. also the only punishment they have is to hold the person "in contempt of parliament", but there is no statute law (like in US) that spells out any sanction e.g. Cummings in 2020 refused to attend

-Chris Bryant who chairs the cross party privileges committee, argues that these powers are too weak and parliament should be given the powers to summon reluctant witnesses

pre appointment scrutiny of appointments

another important task of commons select committees is to verify government appointments to important public bodies like the Bank of England or chair of OFSTED

-there are over 1000 public appointments made by ministers or under delegation every year but not all go through this appointment scrutiny.

-Pre-appointment scrutiny by select committees has been a part of the public appointment process since 2008.

• It is not binding on the government but that does not mean it's not effective.

• It is however emulating the US system, that is binding.

Committees regard pre-appointment scrutiny as a chore, but it has real impact.

There has been over 100 pre-appointment scrutiny hearings.

• Pre-appointment scrutiny has proved most effective in testing candidates' suitability for the role.

• In particular, it has helped to screen out unsuitable candidates.

• Since 2007 there have been nine pre- appointment hearings which have called appointments into question.

• In only three cases out of the nine did the appointment continue.

• For example in 2017 Charlotte Hogg resigned after the Treasury Committee exposed undeclared conflict of interest

• These hearings are a powerful tool for parliament.

• The legislation establishing the Office for Budget Responsibility (OBR) gave the Treasury Select Committee a veto over the appointment of the chair and members of the Budget Responsibility Committee

in many cases government continues with the appointment despite criticism from the committee

• Examples include the appointment of Amanda Spielman to head Ofsted and the appointment of Baroness Stowell to chair the Charity Commission.

• In the case of Spielman, the Education SC said she did not have the expertise or experience.

• Also there are so many appointments made, committees do not have the time to scrutinise many of them.

• This begs the question, how are prioritise set, isn't it more important to focus on these appointments than other matters like the issues at Yorkshire cricket club?

• IJ - although it can be argued to be on paper a weak thing, according to the UCL constitution unit "parliament's bark delivers a stronger bite than MPs realise".

Lords Select Committees

• Permanent committees can conduct short, narrowly focused investigations or investigate broad, long-term issues. Committees normally publish reports on their findings.

• The key thing about these committees is that they house experts, people that have been working in industry or the public sector for many years.

• The government is planning to ban premiership clubs from advertising betting companies after a House of Lords select committee, The Gambling Industry Committee - recommended that this should be done in 2021.

• The report titled 'time to act' was taken seriously by the government because of its forensic scrutiny of the tactics used by the gambling industry.

• Even before the change to the law, Crystal Palace was the first to ditch its sponsor.

• So it can have an impact.

• The House of Lords' Justice and Home Affairs Committee says it has been

"taken aback by the proliferation of Artificial Intelligence tools potentially being used without proper oversight, particularly by police forces across the country" in a concerned report on the use of new technologies in the justice system which also warns that "an individual's right to a fair trial could be undermined by algorithmically manipulated evidence." - its the 'wild west'

• The government responded and will incorporate seriously the recommendations.

• The chair of the committee Lord Clement-Jones has a long life of experience in industry.

Lords Select Committees are less visible and get less media coverage

This makes it easier for the government to dismiss their recommendations.

• They also suffer from the broader problems of the Lords, as its not elected it doesn't have the legitimacy that an elected body has.

• Many members join select committees for the 'perks' - a climate change select committee went on an all expenses paid trip to the Maldives 'to experience climate change first hand'.