The Role of Select Committees

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Smoking Ban ◽  
Legislative Process ◽  
House Of Commons ◽  
Select Committee ◽  
House Of Lords ◽  
The Commons ◽  
The Government ◽  
Government Legislation

This chapter explores the various means by which specialist select committees in both the House of Commons and House of Lords interact with and influence government legislation. The development of select committees is widely seen as important at Westminster, having encouraged greater expertise and specialization among members, and cross-party work. Yet the select committees have only a limited formal role in the legislative process, because the ‘committee stage’ occurs elsewhere. Nonetheless, this chapter shows extensive select committee influence on the 12 case study bills. The committees can be important to setting the policy agenda, informing members, influencing debate, encouraging amendments, and—potentially—supporting the government. This particularly applies to the constitutional committees in the House of Lords, and select committees conducting pre-legislative scrutiny of draft bills. However, other committees can also be important, as demonstrated by the Commons Health Committee’s intervention over the smoking ban in the Health Bill (2005–06).

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

The Parliamentary passage: asymmetric warfare

2017 ◽  
Author(s):  
Ben Worthy
Keyword(s):  
Veto Power ◽  
Legislative Process ◽  
House Of Commons ◽  
Asymmetric Warfare ◽  
Electoral Support ◽  
House Of Lords ◽  
National Media ◽  
The Commons ◽  
The Government

This chapter examines the legislative process in Parliament. A wide but fragile alliance sought to strengthen the bill but was caught between the desire to move the policy in a more radical direction and the fear that the government would drop the bill that, after all, attracted little electoral support. The FOI bill reached Parliament following two highly regarded committee investigations in House of Commons and Lords. The government faced an increasingly assertive and expert alliance of Parliamentarians in both houses seeking a ‘stronger’ law, supported by campaigns by the national media. The government foresaw a difficult passage (Straw 2012). The government veto power was weakened and clauses made for better balancing tests when decisions to release were even. An ‘ultimate’ confrontation was foreseen for the final House of Lords stage when a cross-party grouping of Peers appeared set to hold out for a much stronger piece of legislation. However, amid rumours FOI would be dropped and behind-the-scenes deals, the alliance in the House of Lords was forced to choose between losing the bill and having a slightly improved Act on the statute books. The FOI bill was then finally subject to an abrupt, curtailed final debate in the Commons.

19. Scrutiny by the House of Lords

2018 ◽  
Author(s):  
Patrick Milner
Keyword(s):  
Public Policy ◽  
Public Spending ◽  
Legislative Process ◽  
The European Union ◽  
House Of Commons ◽  
House Of Lords ◽  
The Government ◽  
The Many ◽  
Written Questions

This chapter examines the scrutiny function of the House of Lords. It first provides an overview of conventions informing the scrutiny role of the House of Lords, including the Salisbury Convention and the financial privilege of the House of Commons which concerns its special right to decide levels of public taxation and public spending. It also considers the position of the House of Lords with respect to secondary legislation before discussing the many different ways in which the House of Lords fulfils its scrutiny function, such as scrutinizing draft primary legislation as part of the legislative process, as well as secondary legislation in committees; conducting in-depth inquiries; investigating matters of public policy in committees; questioning the government through oral and written questions; participating in debates on current issues and the findings of committees; and scrutinizing the government's actions in the Council of the European Union.

The Role of Government Backbenchers

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Policy Change ◽  
Legislative Process ◽  
Role Of Government ◽  
Policy Actors ◽  
Corporate Manslaughter ◽  
Party Cohesion ◽  
Government Legislation

This chapter explores how government backbench parliamentarians in both chambers at Westminster influence the content of government legislation and the dynamics of politics. Government backbenchers are often thought to be Westminster’s most influential policy actors, operating through the ‘intraparty mode’. As summarized here, governments have recently become less able to rely on their votes, thanks to declining party cohesion. Yet governments are rarely defeated as a result of rebellious votes. This chapter analyses government backbenchers’ amendments proposed to the 12 case study bills—some of which served purposes other than immediate policy change—and their role as ‘pivotal voters’ in resolving legislative disputes with other (particularly opposition) actors. It also emphasizes their influence on legislation before it is introduced, and the importance of ‘anticipated reactions’. For example, ministers introduced the Corporate Manslaughter Bill only reluctantly, following backbench pressure. Backbenchers hence have subtle, and often hidden, influence in the legislative process.

15. Case Study: Constitutionally Contested Legislation

Public Law ◽  
2019 ◽  
pp. 443-482
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Wild Animals ◽  
House Of Commons ◽  
Labour Government ◽  
House Of Lords ◽  
The Commons ◽  
Constitutional Conventions ◽  
Set Up ◽  
The Uk ◽  
The Relationship

This chapter looks at the circumstances surrounding two events. The first is the 2005 decision of the UK Parliament to set up a committee to examine whether the constitutional conventions governing the relationship between the House of Lords and the House of Commons should be codified. The second is the decision of the Commons (and the Labour government) to press ahead and present the Hunting Bill 2004 for royal assent despite the opposition of the Lords to the policy of a total ban on hunting wild animals with dogs; the Lords preferred a policy of licensed hunting.

10. The House of Lords

2019 ◽  
pp. 207-228
Author(s):  
Anne Dennett
Keyword(s):  
Political Parties ◽  
Public Interest ◽  
Constitutional Change ◽  
House Of Commons ◽  
The Public ◽  
House Of Lords ◽  
The Commons ◽  
The Government

This chapter studies the House of Lords. The membership of the House of Lords largely relies on patronage. Members of the Lords come from a variety of backgrounds with wide-ranging expertise, and are appointed by the Queen on the Prime Minister's advice. They can be nominated by political parties, by the public, or by themselves. The House of Lords is an important revising and scrutinising chamber, but it is also subordinate to the democratically elected House of Commons. The Lords' main functions are scrutinising and challenging the government, investigating and debating issues of public interest, and scrutinising and revising legislation. While it respects the primacy of the Commons, the House of Lords is also a check on constitutional change by the Commons. The chapter then looks at the Parliament Act 1911, which established the Commons' primacy over the House of Lords.

10. The Legislature: membership, privileges, and standards

2021 ◽  
pp. 207-242
Author(s):  
Anne Dennett
Keyword(s):  
Criminal Law ◽  
Constitutional Change ◽  
House Of Commons ◽  
The Public ◽  
Core Business ◽  
Members Of Parliament ◽  
House Of Lords ◽  
The Commons ◽  
Standards Of Conduct ◽  
The Government

This chapter explores the role and membership of Parliament’s two chambers, the House of Commons and the House of Lords, the operation of parliamentary privilege; and accountability of members. The key functions of Parliament include controlling national expenditure and taxation; sustaining the government; legislating and scrutinising government actions. The House of Commons is the pre-eminent chamber and dominates Parliament. The Commons’ membership consists of Members of Parliament (MPs) who are democratically elected by the public to represent their interests in Parliament. The membership of the House of Lords largely relies on patronage. Members of the Lords are appointed by the Queen on the Prime Minister’s advice. The House of Lords is an important revising and scrutinising chamber, and while it is subordinate to the democratically elected House of Commons, it is also a check on constitutional change by the Commons. The Parliament Acts 1911 and 1949 redefined the Lords’ legislative powers over public bills and established the Commons’ primacy. The chapter then considers the operation of parliamentary privilege. Parliament needs parliamentary privilege to conduct its core business effectively, independently, and without fear of outside interference, and to protect everything said or done in the transaction of parliamentary business. Indeed, Parliament is self-regulating and, as a sovereign body, operates outside the jurisdiction of the courts except for the criminal law. Each House has its own standards of conduct and disciplinary powers which ensure accountability.

5. The House of Commons

2021 ◽  
pp. 105-134
Author(s):  
Ian Loveland
Keyword(s):  
Separation Of Powers ◽  
Party Politics ◽  
Legislative Process ◽  
House Of Commons ◽  
National Assembly ◽  
Parliamentary Sovereignty ◽  
The Commons ◽  
The Government ◽  
The Relationship ◽  
Modern Era

This chapter examines the relationship between the government and the House of Commons, in order further to develop arguments concerning the doctrines of parliamentary sovereignty and the separation of powers within the contemporary constitution. Consideration is given both to the role played by the House of Commons within the legislative process and its effectiveness as a means to provide scrutiny of and challenges to the ways in which the government exercises its statutory and prerogative powers. The chapter argues that, for most of the modern era, the House of Commons has been a body in which party politics is the dominant determinant both in the legislative process and in respect of executive accountability and asks if we should accept that the Commons is manifestly now a factional rather than national assembly for most purposes. But it is also suggested that it would be premature to conclude that the constitution permits factional concerns to determine both the content of legislation and the parliamentary accountability of government behaviour.

3. Debating Politics and Making Laws

2021 ◽  
pp. 63-97
Author(s):  
Peter John
Keyword(s):  
Public Opinion ◽  
Political Process ◽  
The Political ◽  
House Of Commons ◽  
Members Of Parliament ◽  
Scottish Parliament ◽  
House Of Lords ◽  
The Government ◽  
The Uk

This chapter evaluates the institution of the UK Parliament, where parliamentarians have a chance to debate issues of the day and to make laws. It reviews classic arguments about the power of Parliament in relation to the executive, before looking at the role of the House of Lords and the House of Commons. The account is still influenced by the Westminster system of government, whereby the executive in the form of the government is sustained in power by having a majority in the House of Commons. The chapter then considers what Members of Parliament (MPs) and other representatives do in office, and how their behaviour links to other features of the political process, such as public opinion and constituency interests. It also compares other legislatures, such as the Scottish Parliament, with the UK Parliament.

The Role of Outside Pressure Groups

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Previous Literature ◽  
Professional Organizations ◽  
Legislative Process ◽  
Pressure Groups ◽  
House Of Lords ◽  
Process Pressure ◽  
The Government

This chapter explores the role of outside pressure groups in the Westminster legislative process. Pressure groups include charities, NGOs, companies, professional organizations, and various other groups which seek to influence policy. It is often assumed that such groups focus their attention primarily on the government, not parliament, but this chapter finds their role in the legislative process to be extensive and more important than some previous literature suggests. The chapter considers the various ways in which pressure groups can use Westminster to exert influence, including through relatively new routes such as select committees, public bill committees, and a more assertive House of Lords. It reviews the contributions of pressure groups to the forms of influence explored in other chapters, including informing debate, promoting amendments, and ‘anticipated reactions’. It also emphasizes that parliament can be important for ‘counteractive lobbying’, to protect gains made by groups at earlier stages.

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