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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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UQ if you want to: John Bercow’s impact on Urgent Questions

The following piece presents the research findings of a final year undergraduate dissertation based at the University of Hull.

By Ben Goldsborough

Speaker John Bercow has repeatedly reaffirmed his belief that increased use of Urgent Questions (UQs) in the chamber of the House of Commons has made ‘ministers…become much more willing to volunteer statements to the House than had become the habit for many years previously’. But until now this statement was based on anecdotal evidence and not solid data. This research aims to understand if UQs are an effective scrutiny tool in order to hold the executive to account. To do so, it has looked at the role of the last three Speakers’ use of UQs (and previously Private Notice Questions). The following analysis is split into three sections: first, how many and what types of question were granted; second, who answered the questions; and third, who asked the questions in the first place.

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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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Clapping, as a cure for impotence

Please note that this blog piece was originally published on the Revolts website, and is available here.

By Philip Cowley

Perhaps the key defining feature of the general election was that almost nothing happened as we had expected. Even in Scotland, where the result was broadly what had been predicted by the polls (though as Andrew Marr wrote, ‘anybody who stepped off the train at Edinburgh Waverley Station and bought a latte would have picked that up’), the consequences were different. The SNP thought that they were going to hold the balance of power at Westminster. They were going to lock out David Cameron and the Conservatives, and demand constant concessions Ed Miliband. Instead, they’ve found themselves on the wrong side of a small, but workable, Conservative majority. Ahead there are five years of heckling the steamroller.

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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’.

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A ‘Gender Friendly’ Parliament after GE 2015? The Case for a Women and Equality Committee

Please note that this blog piece was originally published on PolicyBristol Hub on 27 April, and is available here.

By Sarah Childs

The 2015 general election portends an era of  ‘dangerous’ women having undue influence on British politics come May the 8th, if the print and social media are to be believed. Nicola Sturgeon – variously depicted as Miley Cyrus’ ‘wrecking ball’, Putinesque, the woman ‘holding all the aces’ and the ‘most dangerous woman of all’ will be pulling Ed Miliband’s strings. The women’s hug at the end of the Opposition leader’s debate epitomises an apparently ‘red sisterhood’ that will leave the Labour leader defenceless in the face of their collective seductive powers. To make matters worse, Ed’s ‘girly laugh’ (as Guido Fawkes put it) renders him insufficiently manly for the Premiership. All of this might be discounted as election banter, colourful to be sure, but nonetheless underpinned by legitimate concerns about post-election governing arrangements. Be that as it may. Such depictions also re-present Westminster politics as male, opposing and privileging the ‘male-politician-norm’ with the ‘female-politician-pretender’.

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Petitions Committee, the most significant reform since 1979 – did you notice it?

By Cristina Leston-Bandeira

Remember the week of the cash-for-access scandal? It was the same week as the infamous interview with Green Party leader Natalie Bennett and the Labour party’s announcement of its policy on university fees. No doubt you remember these. This was also the week when the House of Commons passed a motion to set up a Petitions Committee. Remember that? No, didn’t think so. It is no surprise that in the midst of it all, little notice was given to a motion creating a new Committee. This may seem a small decision of little consequence for wider party politics, however it does signal an important moment in the UK parliament. As was said in the debate: “if we, as Parliament, got this right, it would be the most significant reform since the setting up of Select Committees in 1979”.

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Simpler language in Parliament must go hand in hand with simpler processes

By Louise Thompson

One of the key targets outlined in last month’s Digital Democracy Commission report was that the House of Commons should make sure that everyone can understand what it does. One of the examples it gave to demonstrate this was the rather arcane language still used during Parliament’s scrutiny of legislation. As someone who spends most of their time reading bill committee transcripts, I completely understand where they are coming from. How can we expect members of the public to know what MPs mean when they ask to ‘move’ or ‘speak to’ an amendment? Or what it actually means if a clause ‘stands part of a bill’ or an MP asks to ‘beg leave to withdraw the amendment’? And this is all before we get to starred amendments, manuscript amendments and clause stand part debates. Such language, the report says, is a ‘barrier to understanding’.

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Rip It Up and Start Again: Parliamentary Politics, Destruction and Renewal

This blog was originally posted on the Oxford University Press website.

By Matthew Flinders

‘London Bridge is falling down, falling down, falling down; London Bridge is falling down, my fair lady’. ‘Oh no it’s not!’ I hear you all scream with oodles of post-Christmas pantomime cheer but Parliament is apparently falling down. A number of restoration and renewal studies of the Palace of Westminster have provided the evidence with increasingly urgency. The cost of rebuilding the House? A mere two billion pounds! If it was any other building in the world its owners would be advised to demolish and rebuild. Let’s design for democracy – Let’s do it! Let’s rip it up and start again!