Scrutiny Function and Opposition Role

The scrutiny function of Parliament is crucial in holding the executive to account. This is achieved through various mechanisms:

1. Questions to ministers: MPs can directly question government ministers, including the Prime Minister during Prime Minister's Questions (PMQs).

2. The official opposition: The Leader of the Opposition has special privileges, including the right to ask six questions during PMQs and respond first to major statements by the Prime Minister.

Vocabulary: "Short Money" refers to limited state funding provided to opposition parties that meet certain criteria, supporting their role in scrutinizing the government.

3. Opposition days: The official opposition is allocated 17 out of 20 days in the parliamentary year to choose debate topics, allowing them to advance their agenda and expose government failings.

4. Debates: Various types of debates, including half-hour adjournment debates and emergency debates, provide opportunities for MPs to raise issues and scrutinize government actions.

Example: Between 2017 and 2019, 22 emergency debates were held, with 9 related to Brexit, highlighting Parliament's role in addressing urgent national concerns.

5. Select Committees: These play a crucial role in scrutinizing the executive across various areas:

   • Policy examination and proposal
   • Implementation oversight
   • Administrative scrutiny
   • Expenditure control
   • Investigation of matters of public concern

Quote: "The overall aim is to hold government accountable for policy and decision making, support parliament in scrutinising legislation and government spending, and investigate matters of public concern." - Liaison Committee, 2019

The effectiveness of parliamentary scrutiny can vary depending on factors such as the strength of the opposition, the government's majority, and the political context. For instance, a newly defeated opposition party may struggle to claim a mandate for its policies, while internal divisions can weaken scrutiny efforts.

Legislative Function and Parliamentary Sovereignty

The legislative function is a core responsibility of both the House of Commons and the House of Lords. This process is underpinned by the principle of parliamentary sovereignty, which establishes Parliament as the ultimate authority in the UK's unwritten constitution.

Definition: Parliamentary sovereignty means that Parliament has the power to make or unmake any law, and no other body can override its decisions.

Parliament's legislative power extends to taxation, a crucial aspect of its authority. However, the effectiveness of Parliament in legislating independently can be questioned due to several factors:

1. Rarity of minority governments: Since 1945, the UK has experienced few minority governments, with notable examples in 2010 and 2017. This is largely due to the First Past the Post electoral system, which tends to produce majority governments.

Example: UK minority governments since 1945 include the Conservative-led coalition in 2010 and Theresa May's minority government in 2017.

2. Executive dominance: In majority governments, the executive often dominates the legislative process, with government-proposed measures rarely being defeated.

3. The Whip system: This mechanism enables the government to control its MPs' voting behavior, further strengthening executive control over Parliament.

4. Expedited processes: The government can use time-saving measures to push bills through quickly, reinforcing the executive's dominance over the legislature.

Despite these challenges, Parliament does occasionally produce unworkable laws, such as the Fixed-Term Parliament Act, demonstrating that it is not merely a rubber stamp for government policy.

Highlight: The UK Parliament is generally considered a policy-influencing rather than a policy-making legislature, unlike the US Congress, which has a stronger tradition of independent lawmaking due to the separation of powers.