4.2 The relationship between the Executive and Parliament

How to hold Government accountable:

  • PMQ

  • Select committees, Public Bill Committees, able to amend legislation at the committee stage

  • The government can change law using secondary legislation

  • Press

Example of weak Parliamentary influence:

1979-87: Margret Thatcher’s leadership determined leadership of the Conservative Party contrasted with divisions within Labour, which led to the party fracturing.

Example of strong Parliamentary influence:

2005-10: By 2005, Tony Blair’s influenced had declined as a result to controversies surrounding the invasion of Iraq in 2003

• The influence and effectiveness of Parliament in holding the Executive to account.

Factors and arguments suggesting Parliament does hold the executive to account:

  1. Parliament can defeat the government by voting against legislation

  2. Opposition to government policy may mean that a free vote is offered (free from whip’s involvement)- for example the issue of same-sex marriage in 2013

  3. Increased willingness of the Lords to challenge government bills due to the lack of single-party control and removal of most hereditary peers (so increasing legitimacy)- for example the defeat of proposed tax credit cuts in 2015

  4. Select committees have increased in significance following the decision to elect their chairs, who potentially serve over a number of years and are independent from government. Committees can call witnesses and scrutinise government policy in depth. For example, the Public Accounts Committee, which is responsible for overseeing government expenditures, and to ensure they are effective and honest. The committee is seen as a crucial mechanism for ensuring transparency and accountability in government financial operations and is one of the most important select committees

  5. The PM must appear twice a year before the Liaison Committee, which is made up of the chairs of select committees, and must justify government actions

  6. Debates can be held on issues, which can raise their profile or have an impact on executive action. For example, in 2013 the government was defeated in its attempt to action military intervention in Syria

  7. Opposition parties are allocated 20 days to discuss issues not set by government

  8. The Backbench Business Committee allows for debates not set by government

  9. The Commons can remove the government through a vote of no confidence

  10. The last decade has seen more backbench rebellions in Parliament, where MPs defy the government, leading to the withdrawal of bills likely to be voted down

  11. Parliament now has the authority to authorise military action (see Syria example)

• The influence and effectiveness of the Executive in attempting to exercise dominance over Parliament.

Factors and arguments suggesting the Executive still has the ability to dominate Parliament:

  1. Defeats in the Commons on government legislation is very rare- Tony Blair did not lose a vote during the first 8 years of his premiership

  2. Party discipline and the influence of the whips ensures that the majority of government bills are passed without difficulty. Even if MPs rebel, the governing party can often rely on support from opposition MPs to get a bill passed

  3. The government often has an extensive ‘payroll vote’ made up of ministers, junior ministers and parliamentary private secretaries- this amounts to around 100 MPs who will always vote with the government

  4. The Parliament Act allows the government to push through legislation that has been blocked by the Lords (for example, attempted amendments to the Article 50 bill). Under the Salisbury convention, much legislation will not be blocked by the Lords at all

  5. Ministers can block the appearance of witnesses at select committees, and the government does not have to act on select committee recommendations

  6. The work of the Backbench Business Committee receives little publicity, and the government sets the time allowed to debate issues- this is also the case for time allowed to discuss Private Member’s Bills

  7. A vote of no confidence has not happened since 1979. MPs are reluctant to use this, as their own seats are put at risk by a general election

  8. Most ministerial resignations are due to pressure caused by the media (not Parliament), or external events- for example Cameron’s resignation following the vote to leave the EU in 2016

  9. The government has extensive powers under secondary legislation, allowing them to change laws

• The extent to which the balance of power between Parliament and the Executive has changed.

Parliament has gained control over government in recent years through:

  • House of Commons - Yes

    • 2010 the Backbench Business Committee was established which allowed backbenchers to determine the issues they wish to debate. Providing a key way in which MPs can raise important issues , whether the government is in favour or against.

    • Since 2010, the chairs of select committee have been elected by a secret ballotof all MPs and the membership of select committees have been elected secretly which encourages independent-minded MPs rather than loyal ones. This reform has increased the prestige of select committees.

  • House of Commons - No

    • The extent to which this has increased in power is unclear.

    • Since 2003, when Tony Blair allowed a parliamentary vote on the justification for war in Iraq, there has been an expectation that Parliament should authorise military action. However it is not a legal requirement, in 2018 Theresa May ignored it to exercise the royal prerogative when the RAF join ed American/French airstrikes.

  • House of Lords

    • Since the removal of hereditary peers, and the replacement with life peers, the HoL can claim greater professionalism expertise and so has become more self-confident in opposing government legislation.