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Post-Legislative scrutiny in the UK Parliament: Identifying a research agenda

By Thomas Caygill

All too often, once legislation has entered the statute book, Parliament assumes that is the end of the matter and the end of its role. However it has been noted by the House of Lords Constitution Committee that Parliament’s responsibility for legislation should not end once legislation has entered the statute book. This is where post-legislative scrutiny enters the picture.

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Select committees in the 2015 Parliament

Please note that this piece has been cross-posted with the permission of the author. It was originally published on the Institute for Government blog, and is available here.

By Hannah White

In the aftermath of the election the shape of the select committee system in the new parliament is now beginning to emerge. Hannah White offers some thoughts about what has changed and where we might see more continuity.

Limited structural change

The Commons select committee system largely mirrors the departmental structure of Whitehall, together with some cross-cutting committees such as the Public Accounts Committee and Environmental Audit. Consequently the government’s decision to forgo the temptation of making unnecessary machinery of government changes to mark the start of the new parliament – showing the sort of restraint that the IfG has argued for – means that the select committee system will also stay broadly the same. Change has been limited to the creation of two new committees, the abolition of one, and a consequent change in remit for another.

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The Demise of the Political and Constitutional Reform Committee: A cautionary tale of the indulgence of executive power?

By Graham Allen MP, Dave Richards and Martin Smith

Brian Barry suggested that: ‘…there has been a massive rise in the incidence of sanctimony and smugness among the successful that has nothing to do with any change in the underlying reality… It has been stimulated by politicians who have realised that it is possible to win power by recruiting the most … successful forty per cent or so of the population in a crusade to roll back the gains made by their fellow citizens in the previous forty years’. Written fifty years ago, the spirit, if not the empirical accuracy of this sentiment, still holds true. The Conservative Party have returned to power with an outright, yet slim majority. The turnout, though slightly up on previous elections at 66%, saw the Conservatives secure a 36.9% share. Read another way this means that only 24.7% of those eligible to vote did so for the new governing party. The Westminster model was, of course, always designed to deliver out right winners thanks to the machinations of the first-past-the post electoral system. In 2015, it can certainly be said to have done its job. But in an increasingly anti-political age, with a growing sense of cynicism with the ways and means of the Westminster system, it might be argued that a new government with such a precarious majority would be well served by operating with a public show of humility, not hubris.

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Do select committees deserve ‘universal praise’?

By Stephen Bates and Mark Goodwin

Rupert Murdoch being attacked with a custard pie. Michael Gove alleging a ‘Trot conspiracy’ in English schools. The vice president of Google being informed that ‘you do evil’. Three highlights of the last Parliament, all of which took place within hearings of House of Commons select committees. These cross-party groups of MPs have become an important site for the exercise of Parliament’s scrutiny function and have been regarded by some as arguably the most significant and successful recent innovation in the relationship between the UK government and its legislature. While these committees have limited legislative powers when viewed in comparison with committees in other parliaments, they have received ‘universal praise’ – according to the Wright Committee on Reform of the House – from media, academic analyses and from parliamentarians themselves. Since undergoing significant reform in 2010, select committees have gained a higher profile (see research on media coverage by Dunleavy or Kubala (2011)) and, many claim, have become even more assertive and effective. For example, the Speaker of the House of Commons, John Bercow, recently claimed that the 2010 reforms have made Select Committees ‘pivotal players in politics’.