Revision Update: UK Politics: Exemplar Answer: Parliament and the Executive

Discuss how effectively parliament checks the executive

The recent government defeat over the issue of the EU budget was a rare occurrence. For the most part the executive dominates the legislature. Indeed Lord Hailsham described the relationship between the two branches of government as an “elective dictatorship”. However, whilst the separation of powers may be less obvious than in the USA, the UK parliament can still actively check the executive.

Parliament is unable to effectively check the executive due to the Westminster model of parliamentary government. This ensures that the executive has an inbuilt majority in the House of Commons and when this is allied to the exercise of strict party discipline and the limited powers of the House of Lords, it ensures that parliament can do little to check a government. This is especially the case when there has been a creation of a large majority after an election such as 1997 and 2001 with Labour majorities of 179 and 167 respectively. Majorities of 66 in 2005 and 83 with the coalition in 2010 mean that all the other parties united cannot defeat the government thus rendering Parliament relatively powerless.

The work of parliament illustrates how the legislature cannot check the government effectively. This is clearly evidenced by the work of Public Bill Committees. With an inbuilt majority for the government as composition reflects the outcome of the general election on the floor of the Commons and pressure from the whips over selection and voting, opposition amendments to bills are very rarely adopted. The notion of line by line, clause by clause scrutiny of a bill is called into question when the government, through the use of the guillotine can end discussion before every clause has been considered. Butler described the process as “futile marathon” and Tony Wright as a “shocking state of affairs”.

The same analysis applies to Prime Minister’s Questions (PMQs). This provides an opportunity for backbench MPs from both parties and the leader of the HM Opposition to hold the government to account. As a form of scrutiny however it can be argued it is an ineffective check. Miliband has 6 questions that he can use to challenge the PM. The PM though can avoid answering the question and more often than not, the session is reduced to petty point scoring and yah-boo politics. The leaders are more concerned with coming up with a sound bite that can be used on the news and government MPs ask planted questions designed to make the PM and the government look good. High entertainment it may be an effective check on government it is not.

The ability of Parliament to check the executive then does face some real constraints however there are opportunities for the legislature to rein in government.

Departmental Select Committees allow the legislature to hold the government to account. Created in 1979 in recognition of the fact that the executive has too much power and that existing scrutiny was ineffective. There is a DSC to shadow each government department and a liaison committee of the chairs of the DSCs that can question the PM. Unlike question time there are no time constraints and the DSCs have the power to call for papers, civil servants ministers and outside experts in order to develop sustained scrutiny of a government department. They have shown their independence with the likes of Andrew Tyrie, chair of the Treasury committee questioning the present austerity programme. The Culture Media and Sport Select Committee questioned ministers such as Hunt about their close relations with the Murdochs and News International during the phone hacking scandal.

MPs do not always toe the party line and this allows the HOC to act as a check upon the executive. Cowley and Stuart argue “Rebellion has become the norm, cohesion the exeception” since the start of the coalition government. Backbench Conservatives particular have shown that they are more than mere “lobby fodder” with significant revolts over the issue of a referendum on continued membership of the EU and House of Lords reform. The government even suffered a defeat over its approach to the EU budget. Consequently the executive can be said to face very real constraints in parliament.

The Speaker has also played his part in improving parliament’s ability to check the government. Speaker Bercow has allowed more emergency debates. When this is coupled to written questions and other mechanisms such as the ten minute rule bill and early day motions, parliament does have the ability to challenge the government. The most recent innovation of e-petitions and a backbench committee further bolster parliament as a check on the executive.