Rubber stamp or cockpit? the impact of parliament on government legislation

Parliamentary Affairs

Volumn 61, Issue 4, 2008, Pages 694-708

  Kalitowski, Susanna ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 52949118781     PISSN: 00312290     EISSN: 14602482     Source Type: Journal    
DOI: 10.1093/pa/gsn030     Document Type: Article

References (55)

1. The findings have been published in A. Brazier, S. Kalitowski and G. Rosenblatt with M. Korris, Law in the Making: Influence and Change in the Legislative Process, Hansard Society, 2008, from which the content of this article is derived.
2. We have focused on legislation developed and passed during the last decade, during which there has been only one political party in power with either an overwhelming or fairly comfortable majority. A different outcome at the next election is likely, and there are varying opinions as to what effect that may have on Parliament's role and influence.
3. In addition to Parliament, the study examines the role of the government and external actors such as lobbyists and the media on legislation.
4. For the full findings, see A. Brazier, S. Kalitowski and G. Rosenblatt with M. Korris, Law in the Making: Influence and Change in the Legislative Process, Hansard Society, 2008.
5. Interview with Roger Berry MP, 18 March 2008.
6. House of Commons Trade and Industry Committee (1998-1999), Strategic Export Controls, Second Report, HC 65.
7. The Committee is made up of members from the Defence, Foreign Affairs, International Development and Trade and Industry Committees. In 2008, the Quadripartite Committee changed its name to the Committees on Strategic Export Controls. For further consideration of the work of the Committee, see Z. Yihdego, 'Arms Sales and Parliamentary Accountability: The Role of the Quadripartite Committee', Parliamentary Affairs, 61.(4), 2008, 661-680.
8. House of Commons Quadripartite Committee, Draft Export Control and Non-Proliferation Bill, HC 445, 2000-2001.
9. House of Lords Committee on. Delegated Powers and Deregulation, Twentieth Report, HL 72, 2000-2001.
10. Seventy-seven Labour MPs signed an EDM on sustainable development and trafficking and brokering tabled by Tony Worthington (EDM 469 2001/2002), and a later EDM from Ann Clwyd MP received the backing of nearly half of the Commons (EDM 826 2001/2002).
11. Interview with an anonymous parliamentary official. 12 HC Deb 9 July 2001, vol. 371 col. 577.
12. Interview with Alan Wardle, Stonewall, 3 July 2007.
13. Interview with John Bercow MP, 5 November 2007.
14. Sex Equality (Duties of Public Authorities) Bill.
15. HL Deb 9 November 2005, vol. 675 col. 634.
16. HC Deb 16 January 2006, vol. 441 col. 664.
17. Interview with Sam Sinethers, Equal Opportunities Commission, 29 August 2007.
18. Interview with Lord Lester of Herne Hill QC, 26 November 2007.
19. Interview with Meg Munn MP, 15 January 2007.
20. Interview with Humfrey Malins MP, 11 June 2007.
21. The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 gave the National Asylum Support Service (NASS) the power to withdraw support from refused asylum seekers they consider are making insufficient efforts to leave the country.
22. SC Deb (E) 27 October 2005, vol. 438 col. 315.
23. Interview with Cheryl Gillan MP, 11 June 2007.
24. Interview with Evan Harris MP, 7 August 2007.
25. Interview with an anonymous parliamentary official.
26. Interview with an anonymous government official.
27. Better Regulation Executive, A Bill for Better Regulation: Consultation Document, Cabinet Office, 2005.
28. House of Commons Regulatory Reform Committee, Legislative and Regulatory Reform Bill, HC 878, 2005-2006;
29. House of Commons Procedure Committee, Legislative and Regulatory Reform Bill, HC 894, 2005-2006;
30. House of Lords Constitution Committee, Legislative and Regulatory Reform Bill, HL 194, 2005-2006.
31. Unpublished letter from Lord Grocott to the prime minister and cabinet, 14 March 2006.
32. M. Kite, 'Increased ministers' power a mistake, PM told', Sunday Telegraph, 19 March 2006.
33. These included new clauses to replace the order-making power provisions in Clauses 1 and 2 and explicitly stating that the Bill could not amend itself or the Human Rights Act.
34. Interview with Rt Hon Frank Field MP, 5 December 2007.
35. Previous attempts by the Labour government to reform welfare provision have led to some large-scale rebellions, for example, on lone parent benefit in 1997 and on the .1.99.9 Welfare Reform Bill when 65 Labour MPs voted against the government.
36. Interview with Karen Buck MP, 16 July 2007.
37. Interview with Jim Murphy MP, .12 May 2008.
38. A range of technical and consequential amendments were also agreed.
39. Interview with Lord McKenzie of Luton, 23 April 2008.
40. Interview with Lord Skelmersdale, 27 February 2008.
41. Interview with Lord Kirkwood of Kirkhope, 26 July 2007.
42. Interview with Danny Alexander MP, 27 February 2008.
43. See Lord Skelmersdale's reference to ministerial comments at the All Party Group on Disability, HL Deb 28 February, vol. 689 col. 176.
44. Lords Delegated Powers and Regulatory Reform Committee (2006-2007), Fifth Report, HL 44, and Sixth Report, HL 61, Government response: Welfare Reform Bill. The government agreed to recommendations that regulations made under certain clauses would be subject to the affirmative procedure. It also accepted the Committee's recommendation that the secretary of state would be obliged to review the amounts of ESA each year to see if they have retained their value.
45. Interview with an anonymous government official.
46. Both Houses of Parliament must agree the final text of the bill, including amendments made in the other House. If the Houses cannot agree, the amendments will be returned from one House to the other in a process known as 'ping-pong'.
47. For example, see P. Norton, Parliament in British Politics, Palgrave Macmillan, 2005, 78. Philip Cowley has similarly noted that 'MPs may not make policy, but they do constrain (and occasionally prod) government. All but the most technical of decisions are affected by some consideration of party management.'
48. See P. Cowley, The Rebels: How Blair Mislaid his Majority, Politico's, 2005, 9.
49. Interview with Neil Gerrard MP, 14 August 2007.
50. For a recent breakdown of the number of amendments tabled and made-and government defeats-in the Lords, see House of Lords, The Work of the House of Lords 2006-07, House of Lords, 2008.
51. Russell and Sciara have argued that the effects of Lords defeats have been substantial and lasting, and that the House's growing strength has the potential to alter the relationship between Parliament and the executive.
52. See M. Russell and M. Sciara, 'The Policy Impact of Defeats in the House of Lords', Paper presented to 2007 Political Association Conference, University of Bath, 2007.
53. However, past experience suggests that a minority government is able to pass around the same amount of legislation as a majority government.
54. See A. Brazier, 'Parliamentary procedure without a Commons majority,' in A. Brazier and S. Kalitowski (eds), No Overall Control? The Impact of a 'hung parliament" on British politics, Hansard Society, 2008, 35.
55. The study also highlights some recommended areas for reform, including consultation, pre-legislative scrutiny, programming and public bill committees (PBCS).