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The Future of Parliament: Issues for a new century PDF

290 Pages·2005·2.72 MB·English
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The Future of Parliament Also by Philip Giddings THE OMBUDSMAN, THE CITIZEN AND PARLIAMENT, 2002 (co-author with Roy Gregory) THE OMBUDSMAN: PRESENT PRACTICE AND FUTURE PROSPECTS, 1995 (co-editor with Roy Gregory) PARLIAMENTARY ACCOUNTABILITY: A Study of Parliament and Executive Agencies, Macmillan, 1995 (editor for the Study of Parliament Group) RIGHTING WRONGS: The Ombudsman in Six Continents, IOS Press, 2000 (co-editor with Roy Gregory) WESTMINSTER AND EUROPE: The Impact of the European Union on the Westminster Parliament, Macmillan, 1996 (co-editor with Gavin Drewry) BRITAIN IN THE EUROPEAN UNION: Law, Policy and Parliament, 2004, Palgrave Macmillan (co-editor with Gavin Drewry) The Future of Parliament Issues for a new century Edited for the Study of Parliament Group by Philip Giddings Senior Lecturer in Politics University of Reading © Editorial Matter and Selection and chapters 17, 19 and 22 © Philip Giddings 2005 chapters 1–16, 18 and 20–21 © Palgrave Macmillan Ltd 2005 Softcover reprint of the hardcover 1st edition 2005 978-1-4039-9527-8 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2005 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N. Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-54464-6 ISBN 978-0-230-52314-2 (eBook) DOI 10.1057/9780230523142 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the countryoforigin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The future of Parliament : issues for a new century / edited for the Study of Parliament Group by Philip Giddings. p. cm. Includes bibliographical references and index. 1. Great Britain. Parliament–History–20th century. 2. Great Britain. Parliament–Reform. I. Giddings, Philip James. II. Study of Parliament Group. JN550.F88 2005 328.41′09′051–dc22 2005045256 Contents List of Tables vii Notes on Contributors viii Preface xii Part I Prospects for Change 1 Forty Years On and a Future Agenda 3 Michael Ryle 2 What of Parliament’s Future? 12 Nevil Johnson Part II A Changing Parliament 3 The Make-Up of Parliament 25 Byron Criddle, Sarah Childs and Philip Norton 4 Career Patterns and Professionalisation 37 Michael Rush 5 A Changing Culture 50 Michael Rush and Sarah Childs Part III Watching the Government: Parliament and Scrutiny 6 Objects and Questions 67 Philip Giddings and Helen Irwin 7 Parliament and Public Money 78 John McEldowney and Colin Lee 8 Select Committees: Scrutiny a` la carte? 88 David Natzler and Mark Hutton 9 Scrutiny At and Beyond the Fringe 98 Matthew Flinders 10 The House of Lords: A Chamber of Scrutiny? 107 Donald Shell Part IV Making the Law: Parliament and Legislation 11 Parliament’s Role and the Modernisation Agenda 117 Dawn Oliver, Paul Evans, Colin Lee and Philip Norton v vi Contents 12 Modes of Scrutiny 125 Dawn Oliver, Paul Evans, Philip Norton and Colin Lee 13 Untouched by Reform – Private Members Bills and Delegated Legislation 133 Dawn Oliver, David Miers and Paul Evans 14 Less is More? 145 Dawn Oliver, David Miers and Paul Evans Part V Guarding the Citizenry 15 Time for Coherence: Parliament and the Constitutional Watchdogs 149 Oonagh Gay 16 Judges, Lawyers and Parliament 165 Dawn Oliver and Paul Evans Part VI The World Beyond Westminster 17 To War or Not to War? That is the Question 187 Philip Giddings 18 Devolution: From One Parliament to Four 201 Barry K. Winetrobe 19 Westminster in Europe 215 Philip Giddings Part VII Parliament and Media 20 The Challenge of Adaptation 231 Ralph Negrine and Colin Seymour-Ure 21 New Media and Parliamentary Democracy 242 Stephen Coleman Part VIII Conclusion 22 Purpose and Prospects 257 Philip Giddings Appendix: Publications by the Study of Parliament Group 270 Bibliography 276 Index 283 List of Tables Table 3.1 The socio-economic backgrounds of MPs, 1951 and 2001 26 Table 3.2 Women elected in general elections, 1945–2001 29 Table 3.3 Labour candidates by type of seat at the 1997 General Election 31 Table 3.4 The occupational experience, hereditary and life peers 1981 33 Table 3.5 The occupational experience of members of the House of Lords, 1981 and 2000 35 Table 4.1 MPs achieving ministerial or parliamentary Office, 1945–97 41 Table 4.2 The importance of serving as a minister or chair of a select committee 42 Table 5.1 Number of rebellions by government MPs, 1945–2001 50 Table 5.2 Number of government defeats in the House of Commons, 1945–2001 51 Table 5.3 Divisions in the House of Lords involving intra-party dissent, 1999–2002 53 Table 5.4 Number of government defeats in the House of Lords, 1974–2001 53 Table 5.5 Participation by government and opposition backbenchers, 1947–48 and 1994–95 55 Table 5.6 Participation by government and opposition backbenchers, 1947–48 and 1994–95 55 Table 5.7 Participation by government and opposition backbenchers, 1947–48 and 1994–95 56 Table 5.8 Question: How important are the following roles in your work as an MP? 61 Table 5.9 The most important part of the job of being an MP, 1994 and 1999 62 Table 6.1 Number of Questions on Commons Order Paper, 22–25 June 1964 71 Table 6.2 Number of Questions on Commons Order Paper, 21–24 June 2004 72 vii Notes on Contributors Sarah Childsis Senior Lecturer in Politics at the University of Bristol. She has written widely on women and British Politics. Her book New Labour’s Women MPswas published in 2004. Stephen Colemanis Professor of e-Democracy at the Oxford Internet Institute and a fellow of Jesus College Oxford. He was formerly Director of Studies and Director of the e-Democracy programme at the Hansard Society. Byron Criddleis Reader in Politics at Aberdeen University, co-author of The Almanac of British Politicsand Parliamentary Profiles, and a con- tributor to the Nuffield election series. Paul Evanshas been a Clerk in the House of Commons since 1981. He is the current Chairman of the Study of Parliament Group and has con- tributed to a number of SPG publications. The fifth edition of his Handbook of House Commons Procedure was published by Dod’s Parliamentary Communications in 2004. Matthew Flindersis Reader in Politics and Sub-Dean, Faculty of Social Sciences, at the University of Sheffield. His books include The Politics of Accountability in the Modern State (Ashgate, 2001) and Multi-Level Governance. Oonagh Gayis head of the Parliament and Constitution Centre in the House of Commons Library. She joined the Library in 1983 and has specialised in parliamentary and constitutional issues since 1992. Philip Giddings is Senior Lecturer in Politics at the University of Reading. He has edited and contributed to a number of books on Parliament, including ‘Britain in the European Union’ (2004). He is a former Secretary of the Study of Parliament Group. Mark Huttonis currently the Clerk of the Defence Committee. He has previously worked on the Foreign Affairs, Transport and Welsh Affairs Committees. He was one of the Assistant Editors of the 23rd edition of viii Notes on Contributors ix Erskine May. He is a former Treasurer of the Study of Parliament Group. Helen Irwinis Principal Clerk, Table Office in the House of Commons. She first joined the Department of the Clerk of the House in 1970. She is a former Secretary of the Study of Parliament Group. Nevil JohnsonisEmeritus Fellow of Nuffield College, Oxford, wherefrom 1969–96 he was Reader in the Comparative Study of Institutions.He has written widely on parliamentary institutions in both Britain and Germany as well as on the British constitution.He joined the Study of Parliament Group in 1964 and is a past chairman of the Group. Colin Leehas been a Clerk in the House of Commons since 1988 and is a former Official Secretary of the Study of Parliament Group. John McEldowney is Professor of Law at the University of Warwick. He has written on many aspects of public law including public finance and has advised the House of Lords Select Committee on the Con- stitution on the new EU Constitution and on the role of Parliament in the legislative process. He has been a member of the Study of Parliament Group Executive and editor of its Newsletter since 1994. David Miers is Professor of Law, Cardiff University. He has written extensively on the preparation and interpretation of legislation and on the role of Westminster in its making and scrutiny. He is a former Academic Secretary of the Study of Parliament Group and is currently a member of its Executive Committee. He is manager of Wales legislation online, a database that analyses the functions devolved to the National Assembly for Wales: http://www.wales-legislation.org.uk. David Natzler is currently Secretary of the House of Commons Commission, and has been a select committee clerk on and off since 1979. From 2001 to 2004 he was one of the Principal Clerks supervising select committees. Ralph Negrine is Professor of Political Communication in the Department of Journalism Studies, University of Sheffield. His main interest lies in the relationship between politics, politicians and the media and he has written several books on these topics, including ‘Parliament and the Media’ (1998).

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