Parliament & the Executive: Scrutiny (Edexcel A Level Politics): Revision Note

What is scrutiny?

• Scrutiny is the process by which Parliament examines, challenges and holds the executive to account for its actions, decisions and policies

• Scrutiny is particularly important in the UK because the executive is drawn from Parliament

  • This means there is no strict separation of powers and the government may otherwise dominate the legislative process

Why scrutiny is necessary

• The executive controls much of the parliamentary timetable

• Strong party discipline and the use of party whips can limit backbench independence

• Governments with large majorities under first-past-the-post may face limited opposition

• As a result, effective scrutiny often depends on backbench MPs rather than ministers

Backbenchers as the main source of scrutiny

• Backbenchers are MPs and peers who do not hold ministerial office

• Most methods of parliamentary scrutiny are carried out by backbenchers, particularly in the House of Commons

  • This is because frontbenchers are part of the government and therefore cannot scrutinise themselves

• Backbenchers play a central role in holding the government publicly accountable

Methods of parliamentary scrutiny

• Parliament uses a range of mechanisms to scrutinise the executive, each with different levels of effectiveness

Committee-based scrutiny

• Parliamentary committees are smaller groups of MPs or peers established to examine legislation, government departments or public policy in detail

• Committees allow for more sustained and specialist scrutiny than debates on the floor of the House

1. Public bill committees

• A Public Bill Committee is a temporary committee set up to scrutinise a specific bill during its passage through the House of Commons

Role

• Backbenchers make up public bill committees

• They conduct line-by-line examination of a bill

• They take evidence from experts

• They recommend amendments to legislation

Effectiveness

2. Departmental select committees

• Departmental select committees are permanent committees in the House of Commons that scrutinise the work of individual government departments

Role

• Made up of backbenchers

• Committee members and chairs are elected by MPs

• They scrutinise departments through inquiries, reports and evidence sessions

Effectiveness

3. Non-departmental select committees

• Non-departmental select committees are committees whose remit cuts across several government departments

Role

• Made up of backbenchers

• Some chairs are conventionally drawn from the opposition

• Examples include:

  • the Public Accounts Committee, which examines value for money in public spending

  • the Environmental Audit Committee, which assesses the sustainability of government policy

Effectiveness

4. Backbench Business Committee (BBBC)

• The Backbench Business Committee (BBBC) gives backbench MPs control over a portion of parliamentary time, allowing them to set the agenda independently of the government

Role

• The committee allocates time for debates chosen by backbench MPs rather than the government

• MPs can bid for debates by demonstrating:

  • cross-party support

  • public importance

• Debates can cover a wide range of subjects, including public petitions, constituency issues, policy concerns and national events

• The committee has enabled debates on issues such as:

  • military action in Libya (2011)

  • Hillsborough

  • Universal Credit

Effectiveness

Question-based scrutiny in the House of Commons

1. Prime Minister’s Questions (PMQs)

• Prime Minister’s Questions is a weekly session in which MPs question the Prime Minister in the House of Commons

  • PMQs is more effective at public accountability than detailed examination

Role

• A 30-minute session held once a week

• Backbenchers are selected by ballot or by the Speaker

• Includes:

  • six questions from the Leader of the Opposition

  • three questions from the leader of the third-largest party

Effectiveness

2. Minister’s Question Time (MQTs)

• Minister’s Question Time allows MPs to question ministers about the work of their specific department

Role

• Takes place daily for around one hour

• Ministers attend on a rota

• MPs can question departmental policy and performance

Effectiveness

3. Urgent Questions

• An Urgent Question (UQ) is a question granted by the Speaker to allow immediate scrutiny of a pressing issue

Role

• Backbenchers request a UQ from the Speaker

• If granted, it is answered on the same day

• A minister from the relevant department must attend the Commons

Effectiveness

Opposition-based scrutiny

• The opposition refers most commonly to His Majesty’s Loyal Opposition, the second-largest party in the House of Commons

• The opposition plays a key role in scrutiny by:

  • holding the government to account

  • offering alternative policies

  • concentrating and coordinating scrutiny

Opposition days

• Opposition Days are days allocated for opposition parties to control the agenda in the House of Commons

Role

• The opposition is given 20 days per parliamentary year

• They choose the topic of debate

Effectiveness

Are backbenchers effective at scrutinising the executive?

• Backbenchers make up the majority of MPs in the House of Commons and carry out most forms of parliamentary scrutiny

  • However, the extent to which they are effective is contested