Politics: Political structures for Int 2
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Politics Political Structures: Tutor Support Pack (Intermediate 2)
Political Structures: Tutor Support Pack (Int 2)
Contents Introduction Statement of standards Unit content Assessment
2 3 4
Guidance for Teachers/Lecturers Delivery advice Scheme of work Approaches to learning and teaching
5 6 8
Information for Student/Pupil Activities The legislative branch of government: an introduction The executive branch of government: an introduction The UK Parliament: Outcome 1 – PC (a) & (b) The UK Executive: Outcome 2 – PC (a) & (b) The Scottish devolved political system: an introduction The Scottish Parliament: Outcome 1 – PC (a) & (b) The Scottish Executive: Outcome 2 – PC (a) & (b) The European Union: an introduction The European Parliament: Outcome 1 – PC (a) & (b) The European Commission: Outcome 2 – PC (a) & (b) The European Council: Outcomes 1 & 2 – PCs (a) & (b) Other important institutions and bodies of the European Union Summary of the political structures of Scotland, the UK and the European Union
9 16 20 35 44 46 57 62 70 78 84 88 89
Appendix Resource information
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Political Structures: Tutor Support Pack (Int 2)
Statement of Standards Political Structures (Intermediate 2) Outcome 1 Describe the legislative branch of government in Scotland, the UK and the European Union. Performance Criteria (a) The key features of the legislative branch of government are described clearly. (b) Examples of the operation of the legislative branch of government are described clearly. Outcome 2 Evaluate the political executives of Scotland, the UK and the European Union. Performance Criteria (a) The structure of the executive in Scotland, the UK and the European Union is compared clearly. (b) The powers of the executive in Scotland, the UK and the European Union are explained clearly.
Scottish Further Education Unit
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Political Structures: Tutor Support Pack (Int 2)
Unit Content The unit has two Outcomes: 1. Describe the legislative branch of government in Scotland, the UK and the European Union. 2. Evaluate the political executives of Scotland, the UK and the European Union. The unit content can be summarised as follows:
structure of Scottish, UK and European Union legislative assemblies: unicameral, bicameral and tricameral models relative advantages and disadvantages of three different legislative systems political decision makers within each of the systems nature and functions of the committee systems used in each model important institutions involved in the three legislative processes: the Queen, the House of Commons and House of Lords; the Scottish Parliament; the European Council and Council of Ministers, the European Parliament and the European Commission functions of a legislature: monitoring and scrutiny of the executive; recruitment and control of political leaders; making and dismissing governments; democratic political representation; the passing of laws comparison and contrast between the legislatures of Scotland, the UK and the European Union structure of the three executives: the Scottish Executive, the UK Government and the European Commission/Council of Ministers distribution of powers within each executive checks and balances on the power of each executive comparison and contrast of the powers of the Scottish, UK and European Union executives.
Note: For further details refer to the unit specification from the National Unit Specification Document. This can be found at www.sqa.org.uk
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Political Structures: Tutor Support Pack (Int 2)
Assessment The unit assessment pack from the National Assessment Bank for this unit contains the following internal assessments: Outcomes 1 and 2 = a 60-minute question paper comprising a mixture of short-answer and extended response items, where questions may be structured, and may be based on stimulus material; to be conducted under supervised test conditions. Evidence requirements apply to the Unit as a whole, and therefore, apply holistically to both outcomes of the Unit. Instruments of assessment should, therefore, comprise questions/items that reflect marking of the Outcomes as follows: Outcome 1: Knowledge and understanding – 10 marks. Outcome 2: Analysis and evaluation – 10 marks. 10/20 or 50% score required for a pass.
Note: Student/Pupil Activities within the Support Materials provide a balance of tutor-led and student-centred activities. Formative end of outcome activities have been included. A number reflect the style, content and layout of the NAB assessments. Marks out of 10, per question, should be awarded when feedback is given, thus reflecting the end-of-unit assessment.
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Political Structures: Tutor Support Pack (Int 2)
Delivery Advice Suggested timing The notional time for this unit is 40 hours. A suggested scheme of work is shown below which is based on the assumption that the unit would be taught for three hours per week, over a 12-week period, the twelfth week being used for final assessment. This will leave four hours for feedback on assessment, remediation, and when the candidate is ready, reassessment. Introductory sessions: 1 and 2 These first two sessions are designed to provide a general introduction to the legislative and executive processes. UK sessions: 3 and 4 Sessions three and four examine the legislative and executive functions of the UK system. This means that aspects of Outcomes 1 and 2 are being covered, but at this stage, only in relation to one governmental system. Scottish sessions: 5 and 6 These next two sessions concentrate on the legislative and executive functions of the Scottish devolved system; Outcomes 1 and 2 now being covered in relation to the 2nd political system. UK/Scottish evaluative session: 7 This next session is designed to enable the learner to compare and contrast the UK with the Scottish system. EU sessions: 8 and 9 These two sessions examine the legislative and executive functions of the European Union; Outcomes 1 and 2 now having been covered in relation to the last of the three political systems. UK/EU evaluative session: 10 This session enables the learner to compare and contrast all three governmental systems. Revision and Assessment sessions: 11 and 12 This then leaves two sessions: the first to revise and prepare for assessment, and the last for the actual assessment. Centres must obviously plan to deliver according to their own timetabling system, but it is suggested that a formative approach is adopted whereby the student/pupil is introduced to one political structure at a time; each then to be compared and contrasted with the previous one studied. This will enable later summative preparatory student/pupil activities to take place, which reflect the actual 60-minute assessment. The learning materials, sample activities and examples of formative assessment included in this support pack are presented in the same order as the advice given above, and the scheme of work shown below. It is suggested that learners undertake the student/pupil revision activity, provided at the end of each week’s outcome, before moving on to the next topic.
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Political Structures: Tutor Support Pack (Int 2)
Scheme of Work This illustrates how the pack could be used to deliver the unit. The example used is based on three-hour blocks of information, which can be broken down to suit local circumstance. Week 1
2
3
4
5
6
7
8
9
Content Introduction to unit. Key features of the legislative branch of a government. Legislative process; Legislative structures; Scrutiny; Sovereignty. Key features of the executive branch of a government. Executive structures; Leadership; Policy implementation; Civil servants. Introduction to the UK Parliament. Bicameral legislative system; Role of House of Commons and Lords; Function of committees; Role of Monarch; Scrutiny; Sovereignty. Introduction to the UK Executive. Structure of the executive: Prime Minister, Cabinet and Government Departments; Powers of the PM and government; Checks and balances. Introduction to the Scottish Parliament. Unicameral legislative system; Retained & devolved powers; Function of committees; Scrutiny. Introduction to the Scottish Executive. Structure of the Scottish Executive: First Minister, Scottish Cabinet and Executive Departments; Powers devolved to the Scottish Executive; Checks and balances. Evaluating the powers of the UK and Scottish Executives. Comparing and contrasting the structures of both. Introducing the EU Parliament. Tricameral legislative system; Role of European Parliament, European Commission, Council of Ministers and the European Council; Scrutiny; Sovereignty. Introducing the EU Commission. Structure, President and Commissioners; Powers, checks and balances.
Scottish Further Education Unit
Outcomes Outcome 1 – PC (a) & (b) Comparative overview of the three systems (UK/Scotland/EU). Introduction to legislative aspects of government. Student activity. Outcome 2 – PC (a) & (b) Introduction to executive aspects of government. Relationship between legislative and executive functions. Student activity. Outcome 1 – PC (a) & (b) Understand key features of UK Parliament and how this legislative system operates. Student activity. Outcome 2 – PC (a) & (b) Understand the structure and powers of the UK Executive. Practice assessment. Outcome 1 – PC (a) & (b) Understand key features of Scottish Parliament and how this legislative system operates. Student activity. Outcome 2 – PC (a) & (b) Understand the structure and powers of the Scottish Executive. Practice assessment.
Outcome 2 – PC (a) & (b) Compare and evaluate the structure and powers of the UK and Scottish executives. Outcome 1 – PC (a) & (b) Understand key features of EU Parliament and how this legislative system operates. Student activity. Outcome 2 – PC (a) & (b) Understand the structure and powers of the EU Commission. Practice assessment. 6
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11
12
Evaluating the powers of the EU Commission. Comparing and contrasting the structure of the executive in the UK, and the European Union. Areas of conflict: Intergovernmentalism & supranationalism; Europhiles & Eurosceptics; National sovereignty & further integration. Revision and preparation for assessment. Assessment.
Outcome 2 – PC (a) & (b) Compare and evaluate the structure and powers of the UK Government with that of the EU Commission. Student activity.
Outcome 1 – PC (a) & (b) Outcome 2 – PC (a) & (b) Student revision. Outcome 1 – PC (a) & (b) Outcome 2 – PC (a) & (b) Assessment
The last three-hour block could be used to administer the assessment, which is a closedbook, supervised test, with a time limit of one hour and will be holistic, covering all Outcomes and Performance Criteria. Remaining four hours to be used as appropriate for: feedback on assessment, remediation and reassessment.
Outcome 1 – PC (a) & (b) Outcome 2 – PC (a) & (b) Reassessment
Note: It will be up to teachers/lecturers to decide how best to allocate time within delivery and the above should in no way be seen as prescriptive.
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Political Structures: Tutor Support Pack (Int 2)
Approaches to Learning and Teaching Delivery It is suggested that in the delivery of this unit, a variety of approaches to learning and teaching be used. Relevant audio/visual materials, such as current broadcasts of the Scottish and UK Parliament’s legislative debates, question times and committee sessions, could be used. Other broadcast news, political discussions and documentaries could also be used to stimulate interest and understanding in, what is for some, a dry subject when restricted only to the study of class notes. Invited speakers from the local branch of political parties, and class debates based on topics covered in the unit, can help maintain interest and clarify understanding. Topicality It is often useful to begin each session by briefly discussing breaking political news; this can help learners to understand the clear and relevant links that exist between the unit being studied, and the wider world. Controlled use of internet resources can be used to encourage learners to gather additional information on the legislative and executive processes of the three systems studied; it can also be useful in helping them to understand more about the political personalities and debates involved. Active involvement A range of useful textbooks is also available and visits to the Scottish Parliament can be easily arranged. Throughout the study of this unit, learners should be encouraged to actively find out more through independent learning and participation in group and whole class activities. Direct relevance The emphasis should be on an understanding that the decisions and actions taken by parliaments and governments have a direct, and very important, effect on the lives of all of us. Learners should therefore be encouraged to understand that politics is not an abstract thing, but rather a very real and constantly changing subject. The learning materials that follow contain details of political leaders and the holders of executive posts relating to Scotland, the UK and the European Union. These people will inevitably change, as will the positions that they occupy. Encouraging students/pupils to monitor and record these changes will reinforce their understanding of the dynamic nature of the study of politics. The Scottish system is new and settling in; the UK system is in the process of reform, and there is much debate about the future role and structure of the European Union. It is this constant evolution in politics that the learner should be encouraged to understand, follow and enjoy.
Note: This teaching pack contains more detail than is needed for Intermediate 2, and not everything contained need be covered. Teachers/lecturers can select what they use as appropriate to their students/pupils. Political Structures is a free-standing Unit, which need not be studied alongside the Theory and Representation Units. Reference to these other Politics Units is provided only as a help to those who may be teaching/studying them.
Scottish Further Education Unit
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Political Structures: Tutor Support Pack (Int 2)
Information and student/pupil activities The legislative branch of government: an introduction A society without rules would probably be a very dangerous and unpredictable place to live. Rules help people to understand what is expected of them: what they can and can’t do. With rules, people will know what is expected of them and behave appropriately. Compared to many societies, life in the United Kingdom (UK) is fairly safe, ordered and predictable. This may be because there are many rules to obey. Laws are rules that must be obeyed. Not to obey the law is an offence and can lead to an individual being punished. It is therefore vitally important that those who make the laws get it right. People who make laws are called legislators and they do so as members of legislative assemblies. A country like ours has been legislating for hundreds of years, and so has many laws. All of the laws made are contained in the statute books. As well as making new laws, legislators can get rid of old laws that are no longer needed. Sometimes they only change part of a law. To make a new law: To get rid of a law: To change part of an existing law:
Pass a law Repeal a law Amend a law
Legislation that affects the people of Scotland takes place in three different assemblies, all known as parliaments. They are as follows: Assembly Parliament of the United Kingdom
Location London
Legislators Members of Parliament (MPs)
Scottish Parliament
Edinburgh
Parliament of the European Union
Strasbourg
Members of the Scottish Parliament (MSPs) Members of the European Parliament (MEPs)
Function To make laws applicable to all parts of the UK To make laws applicable only to Scotland To make laws applicable to all countries that are members of the EU
UK legislation takes place in the Houses of Parliament in Westminster, London. There are three parts to this parliament: The House of Commons, The House of Lords and The Monarchy. The House of Commons (usually just called the Commons) is regarded as being the most important, as far as legislation is concerned. This is because the people that sit in the Commons have been democratically elected.
Note: See Political Representation: Outcome 2 for an explanation of the UK, Scottish and EU Parliamentary election systems. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
Scotland has, since 1999, had a parliament that can legislate on a number of issues, such as Education, that have been devolved (passed-down) by the UK Parliament.
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The United Kingdom, in 1973, joined what subsequently became the European Union. Laws coming from the EU Parliament must be incorporated into either UK or Scots law, as appropriate. Scrutiny Parliaments are therefore elected legislative assemblies, comprising of individuals who gather primarily with the objective of making laws. There is little point in having laws, if they are not obeyed. It is for this reason that another branch of government exists. This is the Executive, called this because it is expected to execute (carry-out) the decisions of Parliament. The UK Government is an example of such an executive. In addition to its primary role as a legislative body therefore, a parliament is also required to scrutinise (check) the work of the executive. The UK Parliament does this by, for example, questioning the Prime Minister during the weekly Prime Minister’s Question Time, held in the House of Commons. This, and other examples of parliamentary scrutiny will be examined later. Representative Democracy The three legislative assemblies that will be studied conform to the representative democracy model. The parliaments are permanent, convened regularly and composed of elected representatives who, if they wish to continue as representatives, are required to seek re-election periodically. In all of these parliaments, practically all members belong to one of the many political parties. A party (or coalition of parties) with a majority of seats in an assembly will be able to control the legislative timetable, and therefore greatly influence the laws that are made.
Note: See Political Representation: Outcome 1 for an explanation of the roles of political parties in the UK. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
Legislative Process In order to ensure that laws made by a legislative assembly are regarded as being authoritative and binding, a number of stages in the legislative process should be completed properly. Rushed law is often equated with bad law: 1. A proposal to make, amend or repeal legislation is often introduced by the political party that holds majority power within the parliament. Often, the party is doing this to honour a pledge made in the run-up to an election. In order to carry out promises made to the electorate, laws sometimes have to be made or changed. Sometimes a parliament has to react to events, unforeseen at the time of the election, but suddenly an important issue. A change to public opinion, often influenced by the mass media, can cause this to happen.
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2. The assembly will then discuss and debate all the implications of the proposal. A law is usually known as a Bill until it is finally passed into law. Members have to consider the moral and practical arguments surrounding the proposed Bill. They will discuss the likelihood of the new law making society a better, perhaps safer, place. The question of whether such a law can be properly enforced is also important, as is consideration about whether the new law may clash with existing ones. Debates, such as these, can become quite heated and so a person is appointed to act as a chairman. In the House of Commons, this person is called the Speaker. 3. Once the whole assembly has had an opportunity to debate the Bill in full, a small group of members will take time to examine it in even more detail. These groups are called committees and they can call on, and question, politicians, civil servants, expert witnesses and those people who may be affected by the proposed legislation and wish to have their say. Having gathered and analysed all of this additional information, a committee can then report back to parliament with its findings. Parliament can then decide whether to alter any aspect of the proposed Bill, based on the information given by the committee. 4. Some parliaments have a second chamber; a completely different assembly of members whose job it is to check the work of the first chamber. The House of Lords is such a chamber. This House carries out similar duties to that of the Commons. It scrutinises proposed legislation and, if it sees fit, makes amendments. In this way Bills are double-checked, before they ever become law. A parliament with two chambers is called a bicameral system. The Scottish Parliament does not have a second chamber and so is known as a unicameral system. In this situation, the committees take on an even more important role. 5. When the talking is over, a decision has to be made. The final draft of the Bill will have been presented to parliament, and it is then that a vote is called. Each member is entitled to one vote. The vote can either be for or against the proposal. A member can, if he or she wishes, abstain. This means that he or she votes neither for nor against the Bill. A Bill that receives more yes than no votes will become a law, and enter the statute books. 6. The United Kingdom is a constitutional monarchy, and this means that the legislative process is not complete until royal ascent has been granted.
Note: See Political Representation: Outcome 1 for an explanation of the roles of political parties in the UK. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
Legislative Structures Legislative assemblies differ in a number of ways. We have already seen that, whilst the UK Parliament has two houses, the Scottish Parliament has only one. The extra safeguards that a second chamber can provide, usually described as ‘separation of powers’ proved to be frustrating to Tony Blair. On becoming Prime Minister, he began a process of reform, his intention being to make the Lords more representative of the British people. Some commentators believe however that his real motive was to replace existing Peers (another name for Lords) with ones that would not block his legislative programme.
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Political Structures: Tutor Support Pack (Int 2)
Note: See Political Theory: Outcome 1 for an explanation of ley political concepts, including the doctrine of the separation of powers. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
The legislative structure of the European Union is tricameral. The EU Commission (an executive body) forwards proposals for new EU laws to the EU Parliament, which gives opinions and suggests amendments. These are then adopted by the EU Council of Ministers, made up of ministers from the governments of each member state. In this way, the power to legislate is spread between the EU and its member states. Another important aspect of legislative structures concerns the method by which members of assemblies gain their positions. In some cases members are democratically elected. This is true of MPs, MSPs and MEPs; in each case, however, the method of election is different. Being an elected member is regarded by many as a sign of democratic legitimacy and the assembly that they belong to. Monarchs, Lords and members of the Council of Ministers are not however elected to their legislative positions.
Note: See Political Representation: Outcome 2 for an explanation of key features and outcomes of electoral systems used in the UK. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
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Sovereignty
nun SOVEREIGN POWER EXECUTIVE POWER
HOUSE OF
COMMONS
PRIME MINISTER
DEMOCRATICALLY ELECTED
APPOINTED BY MONARCH
MAKES UK LAW AND SCRUTINISES UK GOVERNMENT
HEAD OF UK GOVERNMENT
RESIDUAL POWER
MONARCH INHERITS POSITION OPENS PARLIAMENT, PASSES LAWS, APPOINTS PM
DEVOLVED POWER
SCOTTISH PARLIAMENT
DEVOLVED POWER
FIRST MINISTER
DEMOCRATICALLY ELECTED POWER PASSED DOWN FROM UK PARLIAMENT
APPOINTED BY MONARCH
MAKES SCOTS LAWS AND SCRUTINISES SCOTTISH EXECUTIVE
HEAD OF SCOTTISH EXECUTIVE
SHARED POWER BETWEEN MEMBER STATES
EUROPEAN UNION MAKES EU LAW AND RUNS THE UNION
Sovereignty may be defined as being the highest legal and political power in the land: supreme power. The sovereign power expects to receive complete compliance because of its position as the supreme legal authority. Such a power also expects to hold a monopoly on political power, and to expect obedience from all of the citizens/subjects of the state. Sovereignty is therefore about having the power to make law and govern the country. This power used to be held by monarchs who believed that they held a ‘divine right to rule.’ Their rule was often absolute (unlimited). In many countries, over the centuries, this was challenged. Some became republics, where there is no longer a monarch and the people vote for those who govern them. Others retained their monarchy, but with much reduced power, and introduced democracy in order that people could choose their political leaders. This is a constitutional monarchy, and the UK is an example. The Queen holds what may be called residual powers. These powers ‘reside in the past’ and are now largely ceremonial. She opens parliament, but does not play any part in the legislative process; other than grant royal ascent – which is simply a formality. The member states of the EU are a mixture of republics and constitutional monarchies.
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Sovereign power in the UK is now held by Parliament. The democratically elected House of Commons is central to this power. It is from here that legislation is begun and also from where the head of government comes. This is known as parliamentary sovereignty. Parliament is dissolved, normally every four years. The British people (the electorate) are then given the opportunity to vote, in a general election, for the local candidate they would wish to be their MP, and sit in the Commons. It is argued by some that sovereignty, therefore, actually lies with the people. Controversial issues of sovereignty will be examined in detail later. In brief however, they are as follows: 1. The power of the Prime Minister is seen by some as being a threat to the sovereignty of parliament. A Prime Minister with a substantial majority in the Commons can tightly control the legislative agenda. He is, in effect, in control of both the legislative and executive functions, and no significant separation of powers may exist. 2. The UK’s membership of the EU is for some, a concern. They see a relentless shift in decision making power and political control, away from London towards Brussels (HQ of the EU Commission). These eurosceptics worry about the extension of power being given to a supranational authority, and want further integration halted. Some fear that ultimately Britain will be subsumed into a European superstate. Others however, the pro-Europeans, argue that UK sovereignty will not be under threat, if Britain plays a leading and positive role in EU developments. 3. The re-introduction of a Scottish Parliament in 1999 is seen by some as being a potential threat to UK sovereignty. Some worry that the new parliament will be seen as a ‘stepping-stone’ to independence. They think that the Scots, having had a taste of devolved legislation and government, may then want to breakaway from the rest of the UK, and form a separate sovereign nation.
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Political Structures: Tutor Support Pack (Int 2)
Student/Pupil Activity The legislative branch of government: an introduction Pairs activity Using the above information and any other useful resources that you have, work with another student to answer the following questions: 1. Write down and discuss what you think the consequences of living in a society without laws, and a government to enforce them would be. Would you like to live in such a society?
2. Explain the difference between the legislative and executive branches of government.
3. Although we have not yet looked in detail at the work of the three legislative assemblies, what are your thoughts so far? Do you think that there may be too many parliaments making laws that apply to us – or is the current situation just about right? Justify your answer.
4. Do you think that it is right that the Prime Minister, the head of the UK Executive, should have to answer to the Commons for his actions, and those of his government? Give reasons for your answer.
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The executive branch of government: an introduction It is the role of the executive to implement the laws passed by parliament. Executives, often called governments, have the job of ‘running the county.’ In order to govern effectively, a leader is appointed: Executive branch UK Government Scottish Executive EU Commission
Leader of the Executive Prime Minister First Minister President
The leader In some societies, the people vote for the person they want to lead their executive. The United States of America, for example, holds a presidential election every four years. The UK has a parliamentary executive. Immediately after a general election the Queen will summon the leader of the political party, which has won the greatest number of seats in the House of Commons, to Buckingham Palace. Here, the political leader will be invited to form a government. He is now the Prime Minister, as well as being a member of the House of Commons. On taking office, the leader of the executive will try to govern in such a way that, as well as maintaining law and order, his government’s policies can be achieved. The Prime Minister will belong to a political party that has made pledges (promises) on a number of issues important to the British people. This, for example, could be a pledge that the waiting times for hospital operations shall be reduced. In order to run the country on a day-to-day basis, and successfully achieve policy commitments, the leader will obviously need help. The Departments The country is governed using a system of departments. There is a department responsible for the defence of the nation and another, which deals with relationships that the UK has with other countries. Most of the important aspects of life and commerce in the country are overseen by one of the many government departments. The Cabinet On his return from meeting the Queen, the new PM will ask to see a number of similarly elected MPs from his own party. These people will then be appointed, each to head a department responsible for a policy area such as Health, Education or Agriculture. These department heads will meet regularly, under the chairmanship of the leader of the executive, to plan strategies that will enable them to achieve their objectives – to successfully govern. The PM and his ministers are known collectively as the Cabinet. Between them they run the country, under the leadership of the PM. It is now their job to honour the pledges made by their political party prior to the election.
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The civil servants In order that the government departments can function effectively, a large number of specialists must be employed, on a full-time and permanent basis. These people work in an executive department appropriate to their expertise. They are called civil servants, and their role is to serve civil society – not the party of their political masters. They are therefore described as being apolitical. Executive branch UK Government
Leader Prime Minister
Cabinet Cabinet Ministers
Scottish Executive
First Minister
EU Commission
President
Scottish Executive Cabinet Ministers Commissioners
Departments UK Government Departments – sometimes called Ministries Scottish Executive Departments Directorates
Each government department has, as its most senior civil servant, a permanent secretary. He or she is responsible for the management of the department and provides advice to his or her minister. A change in government, from one party to another, does not affect him, or his civil service staff. They must serve whatever politicians are in power. Within an executive there should therefore be a clear distinction between the political executive (the leader and his or her departmental heads) and the bureaucratic executive (the civil servants). Policy As the head of a government department, a minister will instruct those who work for his or her department to act in accordance with the policies of his or her party in government. These may be pledges contained in their party’s election manifesto, or decisions taken later by cabinet. The making of policy is regarded as being one of the most important aspects of the work of an executive. Wherever possible, an executive will attempt to make popular policy decisions. These are likely to experience less opposition as they go through the legislative process, meet less resistance from individuals and businesses, and be better received by the media. Not only are such policies more likely to work, they can also help the governing party retain power at the next election. Implementation of policy Cabinet ministers make decisions collectively. Collective responsibility means that government, as a whole, is responsible for its actions. Members of cabinet, who wish to make a policy proposal, are expected to convincingly argue their case, in order to gain the support of their cabinet colleagues. A minister, who does not agree with actions that the government has taken, or intends to take, has a stark choice. He or she must either accept the principle of collective responsibility and support the government’s policy fully and publicly, or resign from government. If the latter is chosen, the now ex-minister will then be able to express his opinions freely to both the public and the media. A key figure within the UK Cabinet is the Chief Whip. In order that an executive can fulfil its policy pledges, new laws must often be created, and old ones repealed. The government is therefore responsible for sponsoring most of the legislative programme of Parliament. The appropriate government department will prepare the bill for presentation through all the stages of legislation. The Chief Whip will then try to ensure that it receives full support from the ruling party’s MPs.
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Relationship between legislative and executive functions An important aspect of any political system concerns the type of relationship that exists between its legislative and executive parts. To separate them and have each run by completely different people can help avoid putting too much power into the hands of one person: or a small group of powerful individuals. It can, however, also mean that political leaders are given sufficient power to achieve their objectives relatively quickly and with little opposition. Separating the two functions, and giving each the power to check the actions of the other can help to ensure that abuses of power are more easily stopped. This is known as a system of checks and balances. The House of Commons has at its disposal, a number of ways in which it can call the Government to account. The Prime Minister and Cabinet ministers are questioned by the whole House (Question Time) and by committees comprising members of the House Select and Standing Committees. This would seem, on the surface, to be an example of checks and balances, where the executive has to answer to the legislative assembly for its actions. The MPs, having been elected are, in effect, representing the British people when questioning takes place. It should however be remembered that the largest party represented in the Commons, and in the committees, is the same party that those in the Executive being questioned belong to. For some, it would be preferable to have a separately elected executive, rather than one formed as a consequence of legislative assembly elections. This would then mean that the people making the laws were different from those governing the country.
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Student/Pupil Activity The executive branch of government: an introduction
Group activity
Prime Minister Tony Blair decided not to sack Cabinet Minister Claire Short after she publicly criticised his position on the invasion of Iraq. A PM holds on to power by skilfully managing his relationships with his ministers. Alienate them and he becomes vulnerable; befriend them and he is seen as weak. Blair is said to have used senior civil servants as a lever between him and his ministers. His former Press Secretary, Alistair Campbell, is said to have had a lot of behind-the-scenes influence over the PM. He was said to not only control the PM’s relations with the media, but also act as an advisor (and some said decision maker) for the PM, much to the annoyance of Cabinet ministers.
The following questions should be discussed in groups of three to four. Each group should elect one student to feedback the decisions made. 1. Based on what you have read so far, do you think that it would be better if the UK had a clear separation of powers between the legislative and executive branches of government? 2. Why do you think that it is important for civil servants to remain apolitical? 3. What do you think might happen if an executive did not use the principle of collective responsibility?
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Outcome 1 – PC (a) and (b): Describe the legislative branch of government in Scotland, the UK and the European Union. The UK Parliament Shifting power The word sovereign is used to describe the individual or body that holds the highest power in a country. The traditional nature of British society is reflected in the three institutions that make up the UK legislative system. These are the Monarchy, House of Lords and the House of Commons. In the course of history, the locus of power has shifted. For much of our history, as separate nations, and as a United Kingdom, monarchy held sovereign power. Later this power shifted. The sovereign legislative assembly in the UK is now the Parliament at Westminster in London. Within this, the most powerful house is the House of Commons. The House of Commons The Commons is the only one of the three institutions within which the members are democratically elected. Members of this House are known as Members of Parliament (MPs) and they each attend on behalf of the people of a different geographic area within the UK. These areas are known as constituencies. Elections are held approximately every four years, during which the constituents (voters) are asked to select one of the candidates standing for election in their constituency. The person in each constituency that receives the greatest number of votes will be ‘returned’ to Parliament. This system ensures that one person from each and every part of the UK is represented in the House. The supreme right to rule British sovereignty, the supreme right to rule the United Kingdom, is therefore held by the UK Parliament. This parliament has the right to introduce, amend or repeal any laws without interference from any other individual or institution. It is not even bound by the laws made by previous parliaments. The courts in Britain are required to enforce all laws made by Parliament. Law made in Parliament is known as ‘statute law’ and this is regarded as having precedence over all of the other sources of the UK’s constitution. Britain’s membership of the EU has meant that the sovereignty of the UK Parliament, and its statute law is now in doubt. This will be discussed later.
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Constitution
A constitution is a set of rules and principles by which a state is governed. It sets out the powers given to the legislative assembly and the executive. It describes the procedures to be used when electing those people who will take up positions in such bodies.
In many cases a constitution will contain a definition of the rights of citizens. The arrangements for changing a constitution are also normally included. The information contained in a constitution enables people to understand the type of political system that operates within a country.
Most countries in the world now have a written constitution, one of the earliest being that of the USA. The UK is almost unique in that it does not have a written constitution.
The unwritten constitution of the UK has evolved over a long period of time, and continues to change. It is this adaptability that is seen by some as being its major strength.
Having no fixed set of rules has meant that the UK has been able to operate flexibly and react quickly to ever changing political circumstances.
As no single document exists which incorporates all of the legal and civil rights applicable to a British subject, the UK Constitution is derived from a number of different sources, such as: statute law, common law, conventions, judicial decisions and authoritative works.
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Bicameral legislative system Bicameral is the word used to describe a parliamentary system that has two separate legislative chambers. The UK Parliament is an example of such a system. The upper house is known as the House of Lords and the lower house is the House of Commons. It is believed by many that it would be unsafe to give all legislative power to one body. A second chamber therefore serves the purpose of checking the work of the first. There are a number of convincing arguments for having a bicameral legislative system, but not all of them apply to the UK:
Benefits of bicameral legislative system A second chamber is able to scrutinise Bills and make amendments. This can have the effect of ensuring that proposed legislation is more thoroughly checked. It can rectify mistakes and oversights made by the first chamber. A second chamber broadens the basis of representation. A different group of legislators may represent other views and consider the opinions of other sectors of society.
Such a chamber can protect the constitution by delaying legislation that may prove to be controversial and contrary to the mood of public opinion.
It can also act as a check on the executive branch of government by highlighting its shortcomings and pressuring it to think again.
UK perspective Peers who sit in the Lords are generally older, and are more experienced than their Commons counterparts. This greater depth of experience may be useful when checking what, if passed, will become the law of the land. It is generally agreed that the Lords does represent the views of specific, some say elite, sectors of British society. Peers are not however elected. On coming to power in 1997, Prime Minister Tony Blair began a process of reform of the House of Lords. This will be examined later. Some commentators have argued that this is the real reason for the Labour administration’s reforms. On coming to power, the government found it very difficult to get some of its legislative agenda through the Lords. The UK government is not directly elected. It is given executive power as a result of the outcome of the general election for the lower house. Given that the Prime Minister then has almost total control over both the government and the most powerful legislative chamber, the Commons – it may then be useful to have another chamber that can exert at least some pressure on the PM and his or her government.
Not all commentators prefer the bicameral system. To some, it is the cause of unnecessary conflict and delay. They see it as being an unhelpful barrier, getting in the way of the work of government. A unicameral system, such as that used by the Scottish Parliament, is more to their liking. This will be discussed later.
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Role of the House of Commons A useful way to begin to understand the role of the Commons is to consider the work done by a Member of Parliament: 1. Legislation: The Commons is primarily a legislative chamber. This means that much of the work of an MP, and therefore the House, involves scrutinising Bills (future laws), which have been put forward by the Executive. This is called governmentsponsored legislation, and most legislation falls into this category. Government expects parliament to approve its ‘legislative programme.’ MPs do however use the legislative process to try to influence what will be the content of new laws. They therefore spend much of their time arguing, debating and voting. 2. Representation: The UK has a system of ‘representative democracy.’ Britain is divided into 646 constituencies (59 in Scotland). It is therefore this number of MPs who sit in the Commons with a duty to represent the views and interests of local constituents and the local community generally. This should be done on behalf of all within the constituency, regardless of a constituent’s political affiliation. Times are made available at ‘local surgeries’ for constituents to meet their MP and ask him to help, for example, with problems regarding dealings with government departments. This then gives an MP the opportunity to gather information about the political mood of his constituency. This should, in theory, then be reflected in what he says, and how he votes, in the House. The fact that almost all MPs are members of a political party, and subject to the coercive influence of the whip system, means that the needs of the party often out weigh those of the constituency. 3. Scrutiny of the executive: MPs of all parties have the opportunity to regularly question ministers of state in the House about the performance of the government generally, and their department in particular. They are also able to question the Prime Minister on the overall performance of the Government. Many MPs are members of Select Committees, each of which scrutinises the work of a specific government department. 4. Debate current affairs: Both this house and the House of Lords can hold a general debate on any subject that is regarded as being of national or international importance. In this way Parliament can be seen as being a focus for discussion on matters of concern to the British people. 5. Financial control: It is only the House of Commons that can decide to accept the Executive’s proposals on what taxes should be collected, and how the money should then be spent. 6. Proposals from the EU: Both the Commons and the Lords have committees which examine proposals from the EU before they must become UK law. In order to come into line with EU law, the UK sometimes has to alter its existing laws. Parliament therefore prepares for the necessary changes. In some cases, the issue under examination will be devolved, and therefore an issue for the Scottish Parliament to consider. Under these circumstances, the UK Parliament will incorporate it into UK law, and the Scottish Parliament into Scots law.
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7. Executive recruitment: The Prime Minister, ministers and junior ministers are recruited from the Commons (a few ministers come from the Lords). All will be members of the party in power. This therefore means that some of those who make the laws also execute them. Role of the House of Lords A Bill that has passed through the House of Commons must then be sent to the House of Lords, where it is checked, amended (if required) and occasionally rejected. After this, it is returned to the Commons. A full explanation of the process of legislation will be given later. This bicameral system therefore ensures that proposed legislation is scrutinised by two very different groups of people. The assumption is that good law will emerge from such detailed examination. Only money Bills don’t need to be reviewed by the Lords. The Finance Bill, which contains the Chancellor’s Budget, is an example of this. Those who support the continued existence of the Lords argue that its value is in the greater amount of time that it has at its disposal to go into the detail of proposed legislation. This is especially true of the committee stage where, unlike the Commons, the whole House can take part. Any amendments to a Bill must go back to the Commons. These will either be accepted, some compromise will be reached, or the Bill will be presented again. A Bill that is returned to the Lords twice in one year must become an Act of Parliament. It must be made law. Debate continues over the question of whether this second chamber has any real right to a say in the legislative process. It is occupied mostly by elderly men, with a wealth of experience in politics, business, law and spiritual affairs; but they are not democratically elected. This is seen by some however as being a useful situation. They argue that the Lords don’t feel compelled to make sure that their words and actions are popular, in the way that MPs do. This can therefore mean that Peers may be able to express opinions that some people may agree with, but that MPs would not be prepared to say, for fear of adverse media criticism, and possibly a loss of votes. In addition to its legislative function, the House of Lords also act as the highest court of appeal. A small group of Law Lords gather, when required, to consider legal appeals. This aspect of its work is now the subject of reform, and it is proposed that a new, and separate, institution: a Supreme Court will be created. This and other reforms will be discussed later. Role of the Monarchy A monarchy is a type of political system in which one individual holds the hereditary right to rule a nation, known as a kingdom, for the duration of his or her life. Such heads of state are usually known as kings and queens. The word used to differentiate them and their family from the commoners and the aristocracy is ‘royal’. The United Kingdom is an example of such a system. For much of our history monarchs held absolute power over their subjects, governments and armed forces. Justification for this was often based on the presumption that they had a divine right to rule.
Note: See Political Theory: Outcome 1 for an explanation of key political concepts, including power and authority. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
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It is interesting to note that, so far, we have looked at the Houses of Commons and Lords; each was created in feudal times to look after the interests of the commoners and aristocracy respectively. Monarchy completes the hierarchical structure. When we examine the passage of a Bill, we will see that this involves all three. Recent history has seen the demise of many monarchies, and their replacement with alternative forms of political systems, such as republics. A republic is a country governed on the premise that all citizens are equal. The USA is an example of such a system. Other countries, such as the UK, have retained the monarchy. Its powers are however limited, and it is known as a constitutional monarchy. Despite still being referred to as being sovereign, it is now accepted that actual sovereign power is held by Parliament. The Queen is the Head of State and is seen by many as being a focus of national unity. She presides over many ceremonial occasions, such as investitures, and also represents Britain overseas, often in her role as Head of the Commonwealth. As a constitutional monarch she is expected to remain politically impartial. On practically all matters, she acts on the advice of her ministers. A number of important political functions are still performed by the Queen, such as:
The State Opening of Parliament The formal appointment of the Prime Minister The granting of Royal Assent to parliamentary legislation The bestowing of honours Acting as head of the established church: the Church of England
Whilst these are clearly important functions, the power held by the monarch is now regarded as being largely residual, it resides in the traditions of the past, and it is the Prime Minister and Parliament who make the real decisions. The Queen has, for example, granted Royal Assent to every Bill that has been placed before her, for over 50 years. The Prime Minister is, on a regular basis, granted an audience with the Queen. As the Prime Minister of Her Majesty’s Government, he/she is required to report on the work that he/she, and his/her Cabinet colleagues have done, and the problems that they have encountered. The Queen has held her position since the time when Winston Churchill was PM, in the early 1950s. This is when Tony Blair was born. She has therefore built-up a wealth of experience that she can draw on when giving advice to her Prime Ministers. The Queen and the Royal Household are funded in a number of ways. The Civil List is a sum paid by the state to the monarch to cover the cost of the public duties performed by the Queen and her immediate family. In addition, it pays for staff and the upkeep of royal residencies. The heir to the throne, the Prince of Wales, is not a recipient of Civil List monies. He gets his income from the revenue created by the estates that he owns as the duke of Cornwall. Grants-in-aid are given by Parliament to meet, for example, the costs of Royal travel. The Privy Purse is provided for the Queen’s private and public use. She also has a large private income for her personal use. The Monarchy continues thus to hold an important role within the UK political system, albeit one that is now largely symbolic rather than real.
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The legislative process Having looked at the roles of the three branches of the UK Parliament: Commons, Lords and Monarchy, we can now examine the part that each plays in the process of turning a Bill into Statute Law. It is as follows: 1. Government sponsored legislation. The Government introduces most of the Bills put before Parliament. Prior to a General Election, all of the political parties produce a manifesto, which contains a list of pledges. The party that wins the election, and therefore forms the government, is then expected to fulfil these pledges. In order to do this, laws are often required to be made, amended or repealed. Much new legislation therefore comes as a result of the need of the Executive to keep its promises. In addition, issues crop up, in the course of an executive’s period in government, which were not expected. Government has to deal with these too, often by introducing new legislation. Global terrorism is an example of such an issue, and the UK Government responded by introducing new anti-terrorist legislation. It can be seen therefore that most of the legislative process is taken up by government sponsored legislation. 2. The Queen’s Speech. The highly ceremonial State Opening of Parliament sees the Monarch make a speech to the members of both Houses; in this, she outlines the legislative agenda that will be followed by Parliament. She says what laws are to be made. She will not have decided this agenda, her government will have written it. She is simply expected to read it out and in so doing, grant royal approval to the work of Parliament. 3. Pre-legislative scrutiny. Whilst not strictly part of the legislative process, an increasing number of Bills are being published in draft and examined, either by the appropriate select committee, or by an ad hoc Joint Committee of the two Houses. This enables the committees to express opinions, and even suggest amendments to the Bill, before it is introduced. This can help to save valuable Parliamentary time. 4. First Reading – The Green Paper. This takes place on the floor of the House of Commons. It is simply a formality to make Parliament aware of the proposed legislation. No debate takes place and no vote is taken. The Bill can then be printed. Explanatory notes, which outline in simple language the likely effects of the Bill, are also produced. The First Reading therefore alerts parliamentarians, the Media and the general public, to the fact that a new law is in the first stages of its creation. Public debate then begins to take place. 5. Second Reading – The White Paper. A debate to examine the general principles of the Bill, takes place on the floor of the House of Commons. After this, a vote is taken. An unpopular Bill could be defeated at this stage. This is however highly unlikely, given the fact that Bills are invariably introduced by a government with a majority of MPs in the Commons. A Whip System, which will be explained later, exists to ensure that MPs vote in line with the wishes of their party leader. 6. Committee Stage. A Standing Committee is formed for each new Bill. These committees comprise of MPs. The number of MPs per party in a committee is proportional to that of the whole House. This therefore means that the Executive has an in-built majority in all committees. Some therefore feel that the level of scrutiny that takes place at the Committee Stage is lower than it could be. It is the job of the committee to consider the Bill in detail, by examining it ‘clause by clause’ and make amendments, if it feels that they are required.
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7. Report. It is now that the Standing Committee reports its findings to the House of Commons. Amendments are considered, and may be accepted at this stage. Only those clauses of the Bill that have been suggested for amendment are likely to be discussed. 8. Third Reading. The House of Commons now debates the final text of the amended Bill, if six members have submitted a motion for debate to take place. This is normally a short debate as no further amendments are allowed. A single vote is then taken. The Bill’s final approval is usually a formality. 9. House of Lords. A similar series of events take place in the Lords. It is however usual that the committee stage takes place on the floor of the House of Lords, rather than in a Standing Committee. The Lords may amend, or even reject a Bill from the Commons. If a Bill is rejected, the Commons have the option of forcing it through, without the Lords’ consent, in the next Session of Parliament. 10. Consideration. At this stage the Bill can pass back and forward between the two Houses, as they each consider the amendments made by the other. They are now in the process of searching for agreement. If no agreement is reached, the Bill may lapse and need to be reintroduced in the next Session of Parliament. The House of Commons has, under the Parliament Acts 1911 and 49, the power to pass any Bill previously rejected by the Lords. 11. Royal Assent. The Queen then grants Royal Assent to the Bill. It now enters the Statute Books and has become the law of the land. The legislative process for this Bill is now therefore complete, unless of course a future Parliament decides to amend, repeal or replace it. It can be seen therefore that the Monarch holds an important, if mostly symbolic, role at the beginning and end of the process. She opens Parliament, delivers a speech outlining the Government’s legislative agenda, and grants Royal Assent at the end of the process. The Lords act as a second chamber, the role of which is to double-check the legislative work of the first. The more powerful House of Commons can always overrule them. In the background however is the Executive, which sponsors practically all legislation, and does everything that it can to ensure that it becomes law.
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Private Member’s Bills In the House of Commons, early in each Parliamentary Session, backbench MPs hold a ballot to choose 20 of their number who will be given the privilege of introducing a Bill. These can be introduced in one of the Fridays when the House is sitting. Friday is the day when Private Members’ Bills have priority over Executive business. A backbench MP can also use the 10-minute rule whereby a Bill can be introduced, and a brief speech made both in favour, and against the proposal. Private Members’ Bills and the 10-minute rule rarely lead to a new law being enacted, but they do provide backbenchers with the opportunity to make a point about something important to them, their party or their constituents.
The Whip System and the party in power The Prime Minister, and leaders of the other parties in Parliament, uses the Whip system to try to dictate the voting behaviour of MPs and Peers. This is particularly important to the party in power. The Government often needs to introduce new legislation, or change existing law, if it is to successfully implement policy. Having an overall majority of MPs in the Commons can ensure that this happens, but only if they vote as their leader wishes. The Chief Whip of the party in power is normally a member of Cabinet, and is helped by a Deputy Chief Whip, and a number of other junior Whips. The Government Chief Whip is formally known as the Parliamentary Secretary to the Treasury. The Whips can talk personally to members, or may send them a note. A three-line whip indicates that attendance, and voting with the party line, is compulsory. Failure to obey the Whip is seen as going against the wishes of the PM. This can result in the Whip being withdrawn from an MP or a Lord. When this happens, a parliamentarian receives no help, information or advice from his/her party in the House. He/she is ostracised and, in the case of MPs, may even be de-selected by his party’s constituency branch, to stand at the next election.
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The Whip System and the parties in opposition Parties in opposition can use this system to their advantage, especially if the Government has a slim majority. This was the case in the 1992-1997 Parliament, where PM John Major had to rely on his Whips getting every Conservative into the House for important votes. The Whip system is not simply about forcing parliamentarians to vote in a certain way. It is also used as a way of passing on information, from the Party leadership, about forthcoming parliamentary debates, and any other relevant business. It is also a way by which the mood of backbench MPs can be relayed back to the leader. The last thing that a political leader, in government or opposition, wants is a backbench revolt. This normally happens when the leader has lost touch with the way that his/her parliamentary colleagues are thinking on important issues. Under these circumstances, they may defy the Whip, and not vote in accordance with the leader’s wishes. A weekly circular is sent to all MPs:
If one line appears at the foot of the page, this signifies that attendance is optional, as the business of the House will be routine.
Two lines indicate that attendance is required and more important issues are to be discussed and decided. In the Commons, a member may be excused from attending if he has been paired with an MP from another party. Pairing is organised between the Whip’s offices of the different Parties; normally the Party in power and the Official Opposition, and ensures that the result of a vote will not be changed in favour of any Party.
A Three-Line Whip means that an important vote is to take place: the second reading of an important Bill, or a vote of no confidence. Pairing is not allowed and attendance is compulsory. Not to obey the Whip would be seen as rebellion against the Party leadership and could lead to some form of disciplinary action, even suspension from the parliamentary party: the Whip being withdrawn.
The Government Chief Whip organises the Government’s programme in Parliament and reports direct to the Prime Minister. The Chief Whip of the Official Opposition is informed of this programme, one week in advance. In order that the business of the House runs relatively smoothly, consultation takes place between Whip’s offices. This is commonly known as the usual channels.
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Reform of the House of Lords During the 1997 election campaign, Labour said that, if elected to government, it would reform and modernise the second chamber. Labour argued that the House of Lords was undemocratic, and unrepresentative of the British people. No detailed programme of reform was published at the time, and since coming to power, the reforms that have taken place have been faltering. Some cynics have said that the real reason for altering the make-up of the Lords had more to do with political expediency, and the Prime Minister’s wish to reduce the number of Tory peers. The Conservatives had been in power for 18 years. This had enabled them to pack the second chamber with Conservatives. A more compliant Lords would make the passage of government sponsored Bills much easier. There would be less likelihood of delaying tactics being used to hold up the progress of the Government’s legislative agenda. An Act, which put some transitional arrangements in place, was passed in 1999 Tony Blair asked Lord Wakeham to chair a Royal Commission. Its remit was to propose reforms to the Lords that would make it more democratic and representative. In January 2000, the Wakeham Commission Report was published. The following proposals were included:
membership of the House should be reduced to a total of only 550 between 65 and 195 of these should be elected the power of patronage, whereby the PM is able to ask the Queen to elevate people of his own choice to the Lords, should be removed an independent body should be formed to decide who should be appointed to fill those places not taken by the elected Peers. It is not clear who would decide the membership of the independent body, and whether the PM would have any input into the decision the House should have a 30% female membership; this despite the fact that approximately 51% of the UK population is female it was also proposed that the House should reflect all of the ethnic, religious and minority groups of Britain the highest court, for England and Wales, would continue to be the Law Lords: a group of senior judges within the House. Later (June 2004) the Government proposed that a separate Supreme Court should be created to fulfil this role the report also suggested that committees be created to consider the UK’s relationship with the European Union and the rights of British citizens.
In relation to elected members, the Commission suggested that: ‘Election of the majority would be through the regions by proportional representation’. Three possible election models were presented: 1. Model A. 65 members would be elected. 2. Model B. 87 members would be elected. 3. Model C.195 members would be elected. Members would serve for a period of 15 years and could possibly be reappointed for a further 15 years.
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The Government did not therefore provide a definitive explanation as to how reform would take place and what the end result would be. Instead a number of stages to reform were planned – each to include an element of debate, negotiation and voting. The Lords, for example, lost the rights of hereditary Peers to an automatic seat in the House, but were able to negotiate the retention of some hereditary seats during the period of transition. Prior to the reforms, the House consisted of four types of Peers:
Hereditary Peers: Those who inherited their title. Life Peers: Those elevated to the Peerage by the Queen, on the advice of the PM. The Law Lords: Senior judges for England and Wales. The Lords Spiritual: Bishops of the Church of England.
In 2001, a White Paper was published entitled: ‘The House of Lords – Completing the Reform.’ This set out what Lord Falconer, the Secretary of State for Constitutional Affairs and Lord Chancellor described as being: ‘a series of radical reforms to the composition, appointment and size of the new chamber’. There was a lack of agreement on the proposals. Following this a Joint Committee was set-up to ‘consider the role and functions of the House of Lords and to propose options on the composition on which both houses could vote’. In February 2003 Parliament voted but could not agree on what it thought was the best model to adopt. Robin Cook, the Leader of the House of Commons at the time, then asked MPs to go away and think again. In September of that year, Lord Falconer introduced a consultation paper that he described as being: ‘the next, but not final, stage of Lords reform’. This consultation paper was entitled: ‘Constitutional Reform: Next steps for the House of Lords’. When introducing the paper he sounded a rather pessimistic note by saying that: ‘one more heave to a final settlement is not in prospect’. The paper was intended as a response to the Joint Committee and discussed:
ensuring that the Lords are as representative as possible of UK society remove the remaining hereditaries move the Appointments Commission to a statutory footing.
A Supreme Court On 12 June 2003 the Government announced its intention to abolish the post of Lord Chancellor and create a new Supreme Court. This, it said, would increase the independence that the Judiciary had from both Government and Parliament. The Lord Chancellor is a senior member of all three institutions. This was intended to separate the highest appeal court from the House of Lords. The Lords would then no longer have a judicial function. Law Lords would cease to sit in the House.
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UK Parliament: Main Features Location Legislative model Key roles Membership
Chaired by
Layout
Debating style
Voting method
Powers
Committees
Westminster, London Bicameral: two debating chambers. The Commons being much more powerful than the Lords, by virtue of the fact that MPs are democratically elected Passing UK legislation. Scrutinising the work of the UK executive and the performance of the government ministers. 646 Members of Parliament: 59 of whom represent Scottish constituencies. The government normally holds a majority of seats, and therefore finds it relatively easy to get its legislative programme through. The Speaker, or one of the Deputy Speakers, controls the proceedings of the House. They are elected MPs who have been chosen by the other members. On taking a position, they are expected to act impartially and not participate in debates. Confrontational: the governing party sits on benches directly across from those of the opposition parties. The distance between the front benches was designed to be slightly wider than that of two men holding outstretched swords. The PM and his or her ministers occupy front benches. The leader of the official opposition and his or her shadow cabinet sit directly opposite. MPs with no ministerial, or shadow ministerial, role sit in the backbenches. Confrontational: the Speaker can find it difficult to control the behaviour of some MPs. Members often have to shout over the noise of others, in order to be heard. Language used is old fashioned. Members are, for example, not allowed to refer to each other by name; saying instead: ‘the Right Honourable member for ...’ Members are not permitted to talk directly to each other; it must be done through the Speaker. Archaic: Voting begins when the Speaker puts a question. An uncontroversial vote may be decided if the Speaker hears only the Government Whips shouting ‘aye’. If shouts of both: ‘aye’ and ‘no’ are heard, he may say: ‘the ayes/noes have it’. The Speaker settles votes that are still unclear by asking the House to: ‘Clear the lobby.’ Division bells then ring throughout Parliament, giving members eight minutes to get to the chamber. MPs are required to walk either to the aye or no lobby. They are counted as they enter a lobby and the results are given to the Speaker, who announces them to the House. Sovereign power: The Commons is the most powerful body within a parliament that has sole authority to legislate for all of the UK; any law made by a previous parliament cannot bind it. The UK constitution is based on the rule of law being the ultimate source of political authority. Parliament, as lawmaker, is ultimately therefore in control of the constitution. The Scottish Parliament may only exist by virtue of the passing of the Scotland Act 1998 – a piece of UK legislation. Lacking in power: Party political membership of both the Standing and Select Committees reflects the proportional make-up of the whole House. Their ability to properly scrutinise government sponsored legislation and the work of government departments is thought by some to lack teeth.
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Student/Pupil Activity Introduction to the UK Parliament
Individual activity 1. Having looked at the bicameral nature of the UK Parliament – give two reasons to support, and two to oppose, this type of system.
2. The committee system of the House of Commons is useful for a number of reasons; describe them.
3. The Queen is still described as being sovereign. How powerful do you think she actually is? Give examples to illustrate your response.
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Group activity The House of Lords is regarded as being both undemocratic and unrepresentative. Come up with a solution to reform this chamber, in such a way that it would deal satisfactorily with both criticisms. Or Create a solution that does not require a second chamber at all.
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Outcome 2 – PC (a) and (b): Evaluate the political executives of Scotland, the UK and the European Union. The UK Executive The Prime Minister There are no laws that say the UK must have a Prime Minister, or what his or her role should be. The role and its duties are based on convention and now form part of an unwritten constitution. The Prime Minister is a Member of Parliament, cabinet minister, political leader and head of government. It is accepted that the Monarch will invite the leader of the party that has just won a general election, to form a government. In many liberal democracies the people can elect their representatives to legislative assemblies and the head of government separately. This separation of power does not exist in the UK system. Many believe that, in recent times, the power of the PM has increased and that of Parliament has gone down. This threat to the sovereignty of Parliament is seen by some as being an issue of constitutional concern. Further concern has also been expressed regarding the level of power that the PM has over the rest of cabinet. Sovereign power in the UK is probably now in the hands of the Prime Minister. The Prime Minister is therefore indirectly elected to the most powerful political position in the country. The PM, and his executive, can be checked by Parliament and the courts. The current constitutional arrangements are however such that government can act beyond its powers. It can act ultra vires: outside the law. This is because the PM normally has a majority in the Commons and this enables him or her to control much of the business of parliament. This control can extend to initiating legislative change in order to alter the constitution. The House of Lords Act 1997 is an example of this. The powers of the Prime Minister
Power to govern: The PM holds executive authority to lead the UK Government. It is he or she, in consultation with his ministers, who makes the strategic policy decisions on how the country will be governed. He or she controls a large bureaucracy of government departments, and civil servants. This therefore gives them the power to decide on a vast array of issues, from the level of taxes to be collected to the UK’s relationship with other nations.
Legislative power: The PM decides what new Bills will be introduced into Parliament, and the laws to be amended or repealed. This then gives him or her the power to set the legislative agenda. Such activity is known as government sponsored legislation. The pledges made in the run-up to a general election might only be achieved, if government is able to carryout its legislative programme. The whip system, discussed previously, obviously enhances the PM’s legislative power.
Power to call elections: Countries with a written constitution usually have a set date on which elections are held. The US Presidential Election is an example of this. The UK is different in that the PM chooses the date of the General Election – the election that decides the composition of the Commons, and the party of government. He or she normally picks a time when he or she thinks that their party is popular, and therefore more likely to win. The other parties are not told the date well in advance, and don’t therefore have the same advantage. The PM is expected to call an election within five years of taking office.
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The power to appoint: The PM appoints ministers to his cabinet. Each minister is given a portfolio. This means that he or she holds the responsibility of heading a government department. Despite the notion that the PM remains primus inter pares (first among equals), a minister can be fired by the PM and replaced at any time. To do this however, often creates a powerful enemy who is no longer subject to the constraints of collective responsibility. This will be discussed later. The PM also has the power of patronage. This is demonstrated by his or her ability to appoint people to leading positions in public life. The heads of Her Majesty’s Inspector of Schools and the BBC are examples.
International power: As political Head of State, the PM enjoys a high international profile and status. It is he or she who meets the other national leaders to decide and sign agreements and treaties. An example of this being his or her membership of the European Union Council of Europe. This will be discussed later.
The centralisation of power It has long been argued that too much power in the hands of one individual will inevitably lead to the corruption of that individual, and cause a centralisation of political power. There is reason to believe therefore, that the UK Prime Minister holds too much power.
The unwritten constitution: The British constitution is constantly evolving. There are two main ways that change occurs. The first is through the legislative process. The introduction of a new law, such as the Scotland Act 1998, can alter the constitutional arrangements for the UK. The second concerns changes to the way that government operates. Decision making power has seemed, for some time, to have been slipping away from cabinet and into the hands of the PM, and his increasing number of special advisors. He or she therefore finds himself in a position whereby he is able to control both the legislative and executive processes.
Parliamentary reform: We now know that when the Labour government took power in 1997, it found itself hindered in Parliament by a House of Lords that was said to be packed with Tories. Government sponsored legislation could easily be delayed and obstructed. The PM was able to introduce reforms that he hoped would eliminate this problem.
Government Whips: These Whips have far greater power than those of the opposition parties. They act on the direct orders of the PM, and are normally able to push through his legislative agenda with relative ease. It is only when a PM has a slender majority and/or some rebellious backbenchers, that the power of the whips is impaired. This rarely happens.
Evidence to the contrary also exists:
The European Union: As one of the 25 members of the EU, Britain is required to incorporate all EU legislation into the appropriate domestic legislation. This has the effect of reducing the power of central government.
Devolution: The devolution of some powers to Scotland, Wales, Northern Ireland and London has had the effect of dispersing some of the political decision making away from the centre and closer to those who will be affected by the decisions made.
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Referenda: These are occasionally used in order to determine the wishes of the British people in relation to issues of great constitutional importance. Previously, the people have been asked whether they wished Britain to join the EU and whether devolution should be introduced. During his second term of office, Tony Blair indicated that referenda might be used to determine the popularity of European Monitory Union.
The UK Cabinet The cabinet is one of the most important institutions within British politics. It stands at the head of the governmental system and consists of the Prime Minister and his or her ministerial colleagues; most of whom are fellow MPs from the party in power. This body holds supreme control over the governance of the UK; it makes and executes government policy. It is for this reason that it is sometimes referred to as being the Executive. Cabinet meets regularly and is responsible for introducing, and guiding through parliament, most UK legislation. It is also responsible for the supervision of the massive number of bureaucrats, known as civil servants, who implement government policy. It is collectively responsible to Parliament. The work of a Cabinet Minister A useful way of understanding the cabinet, and its role within the heart of government, is to look at the work undertaken by a typical cabinet minister:
The Queen, on the advice of the Prime Minister, appoints a minister to head a government department. The minister then takes responsibility for the strategic planning and day-to-day decisions of his or her department. This is described as being one’s portfolio. In most cases, a minister is appointed because of their general political skills, rather than on having any first hand knowledge of the area they have been put in charge of. In addition to this, many do not hold the position for much more than two years. This can put them in a disadvantageous position, in relation to the permanent civil servants that they have been put in charge of.
He or she is in charge of a small number of junior ministers – normally fellow MPs from his party. Junior Ministers are appointed by the Prime Minister and are responsible for the work of a section of the department. Young MPs belonging to the party in government may also be asked to act as parliamentary private secretaries. They assist ministers in liasing between government and parliament.
He or she is also in charge of the large number of civil servants that belong to the department. Through the most senior of them, the Permanent Under Secretary, he or she is able to issue instructions on the requirements of government, and seek information and advice on the options for action available to government. Most politicians have no experience of managing large civil service departments and so have to rely heavily on the advice and guidance of senior civil servants; people who could use this lack of experience to further their own goals.
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A minister must answer for his actions, and those of his department, on the floor of the House of Commons, during the regularly held Question Times. He or she can also be called to appear before the Select Committee that examines the performance of their department. A Standing Committee may also wish to question a minister regarding a piece of government-sponsored legislation that has been formulated by his or her department. He is expected to take responsibility for anything, within the department’s remit, that has gone wrong as a result of policy failure; in other words, he or she issued the wrong instructions to his senior civil servants. In severe instances, he or she would be expected to resign. If something goes wrong with the implementation of policy decisions, as a result of incompetence on the part of civil servants, the minister would not be held accountable. In recent years, ministers have been less willing to resign when things go wrong, even when it has been as a result of unsound policy decisions. In a few cases, a minister is a member of the Lords; the Lord Chancellor is an example. Peers are not permitted to enter the Commons. Under these circumstances, a junior minister, who is an MP, will take questions in the Lower House.
Most ministers are Members of Parliament; including the Prime Minister. This means that, in addition to their ministerial duties, they must represent the interests of their constituents, just as all the other MPs are expected to do.
The Prime Minister has the power to promote, demote, dismiss (or ask to resign) and re-appoint any of his or her ministers. When this happens, it is described by the media as being a cabinet re-shuffle.
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The UK Cabinet The UK General Election on 5 May 2005 saw Labour leader Tony Blair take his party to a third successive victory. He immediately formed the cabinet featured below: Prime Minister, First Lord of the Treasury and Minister for the Civil Service Deputy Prime Minister and First Secretary of State Chancellor of the Exchequer Foreign Secretary Work and Pensions Secretary Environment, Food and Rural Affairs Secretary Scottish Secretary and Transport Secretary Defence Secretary Lord Privy Seal and Leader of the House of Commons Health Secretary Culture, Media and Sport Secretary Parliamentary Secretary to the Treasury and Chief Whip Home Secretary Northern Ireland Secretary and Wales Secretary Minister without portfolio Leader of the House of Lords Lord Chancellor and Constitutional Affairs Secretary International Development Secretary Productivity, Energy and Industry Secretary Education and Skills Secretary Minister of Communities and Local Government Chancellor of the Duchy of Lancaster Chief Secretary to the Treasury
Tony Blair John Prescott Gordon Brown Jack Straw David Blunkett Margaret Beckett Alistair Darling John Reid Geoff Hoon Patricia Hewitt Tessa Jowell Hilary Armstrong Charles Clarke Peter Hain Ian McCartney Baroness Amos Lord Falconer Hilary Benn Alan Johnson Ruth Kelly David Miliband John Hutton Des Brown
Student/Pupil Activity Now: By the time that you come to study this part of the booklet, the Prime Minister may have re-shuffled the Cabinet; he may even have changed the name of a government department, or even created a new one. Using a website, such as those listed at the back of this booklet, check if any changes have occurred and update your list accordingly. On-going: During the course of your studies, watch news reports to see if any further changes happen; even the Prime Minister could change, and this would mean a major shake-up of the Cabinet.
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In addition to the above, three other people also attend cabinet meetings: Lords Chief Whip
Lord Grocott
Attorney General
Lord Goldsmith
Europe Minister
Douglas Alexander
Tony Blair’s re-shuffled cabinet showed examples of people that had been promoted, demoted, moved sideways and even re-appointed. Des Browne, the former junior minister for immigration was promoted to the post of Chief Secretary to the Treasury. Geoff Hoon, who had been Defence Secretary throughout the second Iraqi conflict, was demoted to the post of Leader of the Commons. John Reid took a side step from Health to Defence. David Blunkett, who had to resign from his position as Home Secretary, five months previously, was re-appointed as Minister for Work and Pensions. Others, such as Gordon Brown, have held the same cabinet position since Labour came to power in 1997. You may be interested to note the salaries that cabinet members were entitled to in 2005: Prime Minister Cabinet Minister Minister of State (Junior Minister) Plus MPs salary House of Lords Cabinet Minister Lord Chancellor Attorney General
£124,837 £74,902 £38,854 £59,095 £101,668 £213,899 (chose to take only £101,668) £106,358
These salaries are reviewed and increased periodically. Collective Responsibility The doctrine of collective responsibility requires that once a cabinet decision has been made, all ministers must publicly support it. Within the confines of the Cabinet Room, ministers can freely express their views, even if they are contrary to that of the decision reached. On becoming a member of cabinet, ministers are given a copy of the Ministerial Code. This code makes clear that ministers should be allowed to express their views frankly and freely in private while showing a united front when decisions have been reached. The tradition is that if a minister finds that he or she is unable to conform to the code, and support the cabinet decision, he or she must resign his post. This situation obviously puts a minister in a very awkward position. To resign means a return to the backbenches and probably the end of a promising government career. To stay would mean continuing to serve in a cabinet that is pursuing policy that the minister may fundamentally disagree with. A clear choice between career and conscience must be made. In March 2003, the Leader of the House of Commons, Robin Cook, resigned from cabinet. In a speech to the House he explained that he could not: ‘support a war without international agreement or domestic support.’ This speech was delivered from the Labour backbenches; the first time in 20 years that he had occupied such a position. Before Labour came to power, he had been a member of the opposition front bench. A former cabinet member, free of the constraints imposed by the Ministerial Code, may freely criticise the Prime Minister and the decisions of his cabinet. This can make such people dangerous enemies of the Prime Minister. Opposition parties and the Media often use what ex-ministers say as a means of trying to undermine the Government. It is for this reason that a PM may try to pacify such a minister and try to convince him to stay.
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The Prime Minister may insist on agreement from dissenting ministers, knowing that they are unlikely to go to the extent of resigning, and that once agreement has been reached, the code will apply. The doctrine of collective responsibility therefore enables the Prime Minister to present the image of a united, and therefore strong, cabinet: even though, behind closed doors, the picture may be very different. The European Union Council of Ministers The UK’s membership of the EU means that ministers must spend an increasing amount of time representing their department in the Council of Ministers. This will be explained later when the work of the EU is examined. Government Departments Civil servants staff government departments. Unlike their political masters, civil servants are employees of the government and are expected to be apolitical. This means that they should act in a way that is non-partisan; they should simply obey orders, regardless of the ideology of the party in power. They are also unlike their political masters for another reason; they hold permanent positions. The arrival of a new party, and with it a new ideology, should make no difference. Civil servants should simply obey the instructions of the new government. It is sometimes the case however; that senior civil servants within a department may have developed a view of how things should be done best. When this happens, they may attempt to undermine the progress of government by trying to pursue their own agenda. Most top civil servants come from very privileged educational backgrounds. Many attended some of the most prestigious schools and universities in England. This elite upbringing tends to make it difficult for some of them to take orders from ministers who may not come from the same elevated social circles. Categories of Civil Servants In 2004, there were 523,580 Civil Servants (full-time equivalent.) The jobs that these people do range from very menial and low paid tasks, to those that are highly skilled and influential; they are obviously paid accordingly. What follows is detail of the roles that civil servants occupy:
Clerical staff: These are the people who deal with the day-to-day administrative bureaucracy: the paperwork, computer filing and general clerical duties. Many are also involved in the gathering of statistical information, essential to senior civil servants and government ministers, as part of the decision/policy making process.
Research staff: Normally specialists in areas important to their department, they undertake research, the findings of which may help to shape new and innovative departmental initiatives. Researchers such as these may be economists, psychologists, scientists or those specialising in a wide range of other disciplines.
Executive staff: More civil servants occupy these roles, than any other. They carry out departmental decisions, often in supervisory or managerial roles. The majority of these people do not work in their ministerial headquarters in London: instead, they work in the branch offices of departments such as: Inland Revenue or Customs and Excise.
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Senior civil servants: These are the people who often deal directly with ministers of state. They are required to make important decisions. No minister would ever have the time, or be able, to deal with everything him or herself. Ministers therefore have to rely on them to know when a decision requires the minister’s personal attention, and when it can be dealt with appropriately, without the need to consult the minister. A high level of discretion is therefore required. Some senior civil servants also draft parliamentary answers for their ministers. They do so in a way that will help defend the minister’s actions, and in some cases, get them out of a difficult situation. This, to some, is seen as an example of when civil servants cease to be apolitical.
Policy advisors: These people are closest to ministers. They provide policy advice to the Prime Minister, individual ministers, and sometimes to the whole cabinet. In recent years, the formulation of government policy has become increasingly reliant on the advice of these people. Information is gathered, analysed and then formulated, by the lower level research staff, into a small number of policy options. These are then presented, with an idea of the likely practical and political consequences of each, by the policy advisors, to ministers. It can be seen that, under such circumstances, the line between apolitical civil servant and politically biased advisor becomes completely blurred.
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Practice Assessment The following is similar to the type of questions that you will be expected to answer when you sit your assessment: Time allowed: ½ hour Question: Describe the key features of the UK Parliament. In your answer you should:
describe the most important roles that the House of Commons is expected to perform describe the type of people who are made members of the House of Lords.
(10 marks)
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The Scottish devolved political system: an introduction Scotland was, for hundreds of years, an independent sovereign state. The Scottish Parliament sat in the capital, Edinburgh. This changed in 1707 when it joined in union with England to form the United Kingdom. The Scottish Parliament was dissolved and members of its parliament began to travel to the English, now UK, Parliament at Westminster in London. It was agreed that Scotland would retain its own legal and education systems, the Kirk, and separate Scots Law. Scottish laws were now passed in Westminster. Scotland has, to this day, remained an integral part of the United Kingdom. It is a small nation within a larger state. The United Kingdom has, for 300 years, been a unitary state. This means that the power to make Scots law and govern Scotland has been held in London, by parliament and government. In the run-up to the UK General Election in 1997, the Labour Party made a pledge to introduce some form of home rule or devolution to Scotland. Devolution is the passing down of power to a lesser authority; which can be taken back. Labour achieved a resounding victory. The incoming Prime Minister, Tony Blair, decided to hold a referendum in Scotland in the autumn of that year. The people of Scotland were asked if they wanted a parliament, and if they wanted it to have tax varying powers. The answer to both questions was yes. The PM then felt able to ask his newly appointed Secretary of State for Scotland, Donald Dewar, to implement this. Donald Dewar, with the help of Junior Minister Henry McLeish, then set about the task of taking the Scotland Bill through Parliament. The Scotland Act 1998, having entered the statute books, made legal, and constitutional, the creation of a Scottish Parliament. The Parliament The first ever Scottish General Election took place in 1999. Scots were asked to elect members of the Scottish Parliament (MSPs), using a mixture of first-past-the-post and additional member voting. (see Political Representation: Outcome 2 for an explanation of the UK, Scottish and EU Parliamentary election systems.) Not applicable to those studying Political Structures as a free-standing Unit. Labour won the election, but not with a clear majority. The total number of MSPs from other parties was greater than that of Labour. This meant that it might prove difficult for Labour to implement legislation. It would have to find a political ally amongst the opposition parties. The Scottish Parliament can make, amend and repeal laws on any issue where power has been devolved from Westminster to Holyrood; the Edinburgh location of the Scottish Parliament. Health, education, agriculture and social services are issues that fall into the devolved category. Areas such as defence, the issuing of money and constitutional matters remain the responsibility of the parliament at Westminster. It is argued by some that the very important issues have been retained by London, thus enabling Westminster to hold on to the real power. Information regarding the powers retained in London, and those devolved, is given below. The Scottish Parliament is chaired by the Presiding Officer, much in the style of the Speaker in the House of Commons. The MSPs sit in party formation. The chamber is the focus of debate, voting and the scrutiny of the Scottish Executive.
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The Executive The role of a political executive is to implement the laws passed by parliament. In order to do this, a leader is appointed. On learning the results of the 1999 Scottish General Election, the Queen summoned the Scottish leader of the party that won the largest number of seats and invited him to form an executive. The first ever person to take up the position of First Minister was Donald Dewar. The Executive is, as far as devolved issues are concerned, the government of Scotland. Labour did not win an outright majority. In order that it would be able to achieve its legislative and executive programmes, it had to find another party willing to work in coalition. The Liberal Democrats, who were very keen on the introduction of devolution, and wanted it to work, were prepared to offer support. This support however came at a price. The position of Deputy First Minister was given to the leader of the Scottish Liberal Democrats, at the time: Jim Wallace. This coalition meant that both parties had to make a certain amount of compromise, unlike the UK Government, where one party holds all power. The Scottish Executive is only authorised to govern on devolved issues. The Scottish Cabinet comprises of a First Minister, Deputy First Minister and ministers, each of whom is responsible for a department such as Health or Education. The Power The provisions of the Scotland Act 1998, bind the Scottish Parliament and Executive. This curtails their power, and that of the First Minister. Only an act of the UK Parliament can alter the powers listed as being devolved and retained. For this reason the Scottish Parliament and Executive are seen as being much less powerful than their London counterparts.
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Outcome 1 – PC (a) and (b): Describe the legislative branch of government in Scotland, the UK and the European Union. The Scottish Parliament The Queen officially opened the Scottish Parliament on 1 July 1999. It sat temporarily in the Assembly Hall of the Church of Scotland in Edinburgh. The purpose-built Parliament in Holyrood was also officially opened by the Queen. This took place on 9 October 2004. The building attracted much controversy; both because of the unusual design, and for the very high cost of construction. Unicameral legislative system Unicameral is the word used to describe a parliamentary system that has one legislative chamber. The Scottish Parliament is an example of such a system. It is commonly known as Holyrood and is situated at the foot of the Royal Mile, in Edinburgh. Unlike the UK Parliament, there is only one type of parliamentarian at Holyrood: the MSP. Some people do however make a distinction between first-past-the-post and list MSPs. There are 129 MSPs: 73 FPTP and 53 list. The former having been elected by name – the latter having been on a party list. (see Political Representation.) Unicameral chambers can benefit from having fewer legislative stages for a Bill to pass through, fewer members, and lower operational costs than a bicameral system. It can function in what could be described as being a more streamlined way. Not having a second chamber can also be a problem as there is then no second and separate body to independently scrutinise the legislative work of the first. This therefore places greater pressure on the committee system of the Scottish Parliament, than that of its Westminster counterpart. The Scottish Parliament does not experience the level of conflict and delay that the House of Lords is able to impose on the Commons. Retained and devolved powers Devolution involves passing down some of the powers held by a powerful body to a lesser one. It is the more powerful body that decides which powers will be devolved, and those that it will hold on to, known as retained powers. Devolution is normally carried out on a geographic basis: the superior power devolving some of its powers to one or more regions. Devolved executive and legislative bodies also need to be created. The power to change the constitutional arrangements of the state will be retained by the superior power. This ensures that political sovereignty remains in the hands of the more powerful central government. Constitutional supremacy then provides the power for it to change, suspend or even withdraw devolved powers. A national government can therefore dissolve, as well as create devolved assemblies. The Scotland Act 1998 is written in relation to those powers retained by the sovereign parliament at Westminster. It prescribes those powers that are reserved and that can only be changed or altered by Act of Parliament. The Scottish Parliament can legislate on devolved issues but only discuss reserved issues.
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Powers of the Scottish Parliament The powers devolved by Westminster to the Scottish Parliament are as follows:
Health Education Training policy Local government Social work Housing Planning Economic development Financial assistance to industry Tourism Some aspects of transport Criminal and civil law Civil and criminal courts Police and fire services Environment National heritage Agriculture, forestry and fisheries Food standards Arts.
The powers retained by the UK Parliament are as follows:
The constitution of the United Kingdom United Kingdom foreign policy Defence and national security The Civil Service The stability of the United Kingdom’s fiscal, economic and monetary system The protection of borders and certain matters subject to border controls Drug policy Common markets for United Kingdom goods and services Electricity, coal, oil, gas and nuclear energy Transport safety and regulation Social security policy and administration Employment legislation Abortion Broadcasting Equal opportunities.
It can be seen therefore that, whilst the powers devolved to the Scottish Parliament are very important, those powers that relate to constitution, international affairs, defence, tax, money and the economy have been retained by central government.
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Devolution The devolved settlement has meant that Scots can now make decisions in Scotland that affect Scotland. Much more time can now be spent on such issues; and in an assembly specifically created for the task. This has also reduced the amount of work, relating to Scottish issues, that now has to be done in Westminster. Some detractors do however argue that there may now be too many layers of government: Scottish, UK and EU; and that each can impose laws and make executive decisions which affect the lives, and the pockets, of the Scottish people. Some even worry that devolution may lead to the eventual separation of Scotland, from the rest of the United Kingdom.
The West Lothian question ‘If power over Scottish affairs is devolved to a Scottish Parliament, how can it be right that MPs representing Scottish constituencies in the Parliament of the United Kingdom still have the power to vote on equivalent issues affecting England and other parts of the UK, but not Scotland?’ This is the question that Tam Dalyell, the Labour MP for West Lothian, later Linlithgow, began to ask the House, in the 1970s. He was highlighting the anomaly that would arise if his party were to come to power, and introduce a devolved system of government for Scotland. This, he pointed out, would lead to the situation where he would be able to vote on health issues relating to Blackburn, Lancashire, but not those relating to Blackburn, West Lothian. Scottish MPs would therefore be able to vote on English domestic issues such as health and education, despite the fact that, in Scotland, these issues would be decided in Holyrood. There would be an imbalance of power, in favour of the Scots. Devolution came to Scotland without much protest; although some English MPs argued that it would be fairer if their Scottish counterparts didn’t vote on issues that would not affect Scotland. Discontent amongst English MPs came later, when Scottish MPs voted for controversial legislation on foundation hospitals and university top-up fees, both for England. The majority of English MPs had voted against the creation of foundation hospitals, and the university legislation only passed, due to the Scottish votes. In 2005, in order to correct this over-representation imbalance, the number of Scottish MPs was reduced from 72 to 59. Some however argued that this should be further reduced to 40.
It is interesting to note that the 2005 General Election saw more people south of the border voting Conservative than Labour. The momentum in Scotland for a devolved parliament had come largely as a result of resentment from Scots that they were being governed by a party that the majority hadn’t voted for. Now this situation had been reversed.
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The legislative process There are a number of different ways that a Bill can be proposed in the Scottish Parliament. The route used depends on the type of legislation and the people proposing it. This new, and more open legislative process was designed to allow multiple access to the consultation and decision making process: a greater level of democratic participation. The routes are as follows:
Executive Bills. A Minister or Deputy Minister introduces these Bills in order that Executive policy can be achieved. This is the equivalent of UK Government sponsored legislation.
Committee Bills. The Convener of a Scottish Parliament committee introduces these Bills. The subject of the Bill must fall within the remit of that committee. It is proposed in the form of a report to Parliament.
MSPs’ Bills. These Bills are introduced by MSPs who are not members of the Executive. If, within one month, 11 other MSPs have given notice of support for the proposal, the member can then introduce a Bill to Parliament.
Private Bills. Private individuals and groups may introduce such Bills.
Emergency Bills. This is a Bill speedily enacted by the Executive to, for example, take account of a judicial decision that has exposed a legal loophole.
Pre-legislative scrutiny Pre-legislative scrutiny forms a much more important element in the Scottish parliamentary process, than that of the UK Parliament. Consultation with interested groups takes place at a very early stage. The ability of pressure groups, and other interested people, to voice their opinions, is not restricted in the way that it is at Westminster. The results of such consultation must then be contained in a memorandum, which accompanies the draft Bill. This therefore means that public opinion, and that of sectors of Scottish society, is more likely to be listened to when considering proposed legislation.
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Phases in the legislative process In order to understand how a law is passed in the Scottish Parliament, the process will be examined in relation to Executive Bills. The process is as follows: The pre-legislative phase 1. The process begins when Ministers, aided by civil servants, have formed policy on a specific issue. It is then that a decision is taken as to whether legislation is required, to achieve the policy goals. A bill team, made up of civil servants and solicitors, then prepare a draft Bill.
2. The Executive then write to groups who have an interest, or concern, about the proposed legislation, asking for written responses. A draft of the Bill may be published at this time.
3. The appropriate committee then consults, taking evidence from interested groups. MSPs may use this pre-legislative scrutiny as a way of familiarising themselves with the issue at an early stage.
4. The text of the Bill is finalised and officials have three weeks to ensure that certain checks have been made prior to formal introduction:
whether the Bill conforms to the Presiding Officer’s recommendations regarding, for example, content that the scope and purpose of the Bill is correct – also that the types of amendments included will be relevant to the Bill whether Crown Consent may be required. Will any provisions of the Bill affect the private interests or hereditary revenues of the Monarch? if the Bill may affect any individuals or groups differently from others. Those affected may wish to make representations to Parliament whether the provisions of the Bill would have financial implications. How much would it cost? confirmation from the Parliaments Legal Adviser that the Bill has legislative competence. Is it properly formulated? Is a financial resolution required? Is the proposed date for introduction to Parliament able to be met?
5. The Bill is published at the same time as:
the Policy Memorandum which explains the objectives of the Bill, alternative approaches considered, and effect on, for example: equal opportunities and human rights the Financial Memorandum, which provides information on the likely costs to the Executive statements on legislative competence: stating that the relevant Minister regards the Bill to be within the Parliament’s legislative competence.
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The Parliamentary phase The Presiding Officer formally introduces a Bill to Parliament. He makes a statement in which he confirms that the Bill has legislative competence, and that the additional preintroductory steps are complete. The Bill has to be signed by the MSP introducing it and by those supporters whose names will appear on the published version. The process is as follows: Stage 1: The Bill is initially referred to the lead committee. At this stage the committee takes evidence from interested parties. It considers the general principles of the Bill. Other committees with an interest in the Bill, for example Finance, may also become involved. The outcome of these committees’ deliberations is given to the lead committee – for inclusion in the report on the Bill. The committee then reports on the Bill to the Parliament. In the meantime Parliament will also have been considering the general principles of the Bill. Parliament is then ready to decide whether the principles of the Bill are agreed to. The debate takes place in the parliamentary chamber. A motion is put forward by the MSP in charge of the Bill. The motion will be as follows: ‘That the Parliament agrees to the general principles of the (short title of) the Bill.’ It has three options: 1. To refer it back to the lead committee in order that a further report can be produced. The committee would be asked to consider the principles of all, or parts, of the Bill. It may take additional evidence at this time. 2. Not to agree to the Bill progressing any further; the Bill falls. 3. To agree to the general principles and allow the Bill to proceed to Stage 2. Stage 2: This is the stage at which the details of the Bill are examined, and a committee works through each part line by line. The lead committee can do this. The whole parliament can also act as a committee at this stage. Other committees may also be involved. Each section of the Bill is examined and amendments can be made. Stage 3: This takes place at a meeting of the Parliament. The amended Bill is considered and new amendments can also be made. The Bill is then debated and the MSPs must decide whether to vote: for, against or abstain. Even at this stage, parts of a Bill can be sent back to Stage 2 for further consideration. When the Bill is returned, Parliament can make amendments, but only to the referred-back parts. Parliament then decides whether to approve the Bill. The Legal phase The Scottish and UK Parliaments’ Legal Officers and the Secretary of State for Scotland then scrutinise the Bill. They are required to check:
legislative competence relationship to reserved powers implications relating to the UK’s international obligations.
Finally the Bill becomes law, having gained Royal Assent. It is now an Act of the Scottish Parliament.
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Functions of Committees The legislative process of the Scottish Parliament places great demands on the committee system. The high level of participation, by committees, during the various stages of the process, helps to ensure that proper legislative scrutiny occurs in this unicameral chamber. Unlike Westminster, there is no second chamber to double-check the work of the first. A committee has a number of other important roles, in addition to its legislative function. They are as follows:
consider and amend new Bills examine and report on the work of Scottish Executive departments investigate and report on areas of concern that fall within its remit, having ensured that proper public participation took place publish reports setting out the recommendations of the committee; these to be debated by the full Parliament propose new laws.
Committees are chaired by a convener and consist of between five and 15 members. All are MSPs and party membership is proportional to that of the whole house. An MSP who is not a member of a particular committee can still attend, and take part, in its meetings. He cannot however vote. If necessary, committees can work together, by forming a joint committee. A committee can also choose to form a sub-committee, in order to look closely at a specific issue. Committees normally meet in the Committee Rooms at Holyrood. Sessions are usually open to the public. A committee can call on people to give evidence, opinion and advice. Specialists, who are not MSPs, may be invited to participate in the work of a committee. They are known as Committee Advisers. Meetings can, if it is appropriate to do so, be held anywhere in Scotland. The rules of Parliament; known as Standing Orders, require that the following eight committees are set up. They are known as Mandatory Committees, and are as follows:
Audit Equal Opportunities European and External Relations Finance Procedures Public Petitions Standards Subordinate Legislation.
Committees are also set up and given a remit, as we have discovered, to consider a specific Bill. Parliament can also create a committee to look at a specific issue or area of concern. They are known as Subject Committees. Such committees have been created to look at, for example: Education, Enterprise and Culture, Environment and Rural Development, and Health.
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Public Petitions Committee One of the key aims of the Scottish Parliament was that it should be open and accessible to the Scottish people. The Public Petitions Committee was created to help to achieve this. Members of the public, interest groups and organisations can petition the Parliament. The petitioners may be asked to appear before the Committee and support their petition. This means that people may be able to bring issues of public concern to the notice of Parliament, without necessarily having to do it through their MSP. The Committee has made clear its wish to promote the petitions system and encourage those sectors of Scottish society usually excluded from the democratic process to participate. It has been proactive in organising events in various parts of the country, in support of this. A very innovative e-petitions system has been created to make the petitioning system even more accessible. On receiving a petition, the Petitions Committee may decide to refer it to an appropriate committee, for example: the Local Government Committee. If a committee decides that it wishes to consider the petition further, the petitioner may be invited to attend the committee meeting at which it will be discussed.
Scrutiny of the Scottish Executive In addition to its role as a legislative assembly, the Scottish Parliament must also scrutinise the work of the Scottish Executive, much as the UK Parliament does to the Government. We have seen above that the committee system is able to examine and report on the work of Scottish Executive departments. In addition to this, ministers can be questioned in the chamber; on every Thursday afternoon that the Parliament is in session. This culminates with First Minister’s question time. This provides an opportunity for MSPs to question the ministers. It is at this session that the leaders of the main opposition parties can quiz the First Minister. These sessions are open to the public, and broadcast on television and radio. Questions must be given in writing, and in advance. This is different from Westminster. Tony Blair changed the procedure at Prime Minister’s question time, and does not see the questions in advance. In the Scottish Parliament, the responses to the written questions are worked out, for ministers, by civil servants. The questioner is however then allowed another question, a supplementary question. These are the questions that can trip up a minister. This can be especially true of the First Minister, who can be asked to answer questions relating to the performance of any of the departments.
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Scottish Parliament: Main Features Location Legislative model Key roles
Membership
Chaired by
Layout
Debating style
Voting method
Powers
Holyrood, Edinburgh Unicameral: one debating chamber. Much greater reliance on the committee system to properly scrutinise proposed legislation, compared to Westminster. Passing Scottish legislation in areas of government devolved to it by the UK Parliament. Scrutinising the work of the Scottish Executive and the performance of Executive Ministers. 129 Members of the Scottish Parliament: 73 of whom are first-pastpost MSPs and 56 additional members. The Executive does not normally hold a majority of seats and therefore has to work in coalition with another party – in order to achieve its legislative agenda. The Presiding Officer or one of the two Deputy Presiding Officers controls the proceedings of the Parliament. They are elected MSPs who have been chosen by the other members. On taking a position, they are expected to act impartially and not participate in debates. Non-confrontational: the seats are in a semi-circular arrangement, with all MSPs facing the Presiding Officer. Members can sit where they wish, but tend to sit with other members of their own party. The party leaders sit on the front benches. This seating arrangement was deliberately chosen, in an effort to avoid the highly confrontational nature of the Westminster Parliament. Business-like: the Presiding Officer can find it relatively easy to control the behaviour of MSPs, and encourage a calm and considered debating style amongst members. All MSPs have a special access card that they can insert into a consol on their desks. This then enables them to vote and to signal to the Presiding Officer that they wish to speak during the debate. When called to speak, their microphone is activated. Modern language is used and the archaic practices of Westminster were not introduced. Some observers have described the debates as being dull, in comparison to the cut and thrust of the Commons. Modern: the Presiding Officer puts motions to Parliament. If the MSPs do not agree, the electronic voting system is used. By pressing the appropriate button, they can vote yes, no or abstain. The computer system then calculates the result and this is announced by the Presiding Officer. A record is produced showing how every MSP has voted. This is lodged in the Official Report. If this system breaks down, a show of hands can be used. Devolved power: the Scotland Act 1998 is written in relation to those powers retained by the sovereign Parliament at Westminster. It prescribes those powers that are reserved and that can only be changed or altered by Act of Parliament (UK). All other areas of policy are automatically devolved to the Scottish Parliament. The Scottish Parliament can legislate on devolved issues, but can only discuss reserved issues.
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Committees
Influential: committees of the Scottish Parliament have been seen to act much more rigorously than their Westminster counterparts. Cross-party consensus within committees unthinkable at Westminster has caused both ministers and civil servants to realise that, only if a Bill is properly drafted, will it stand a chance of getting passed the committee stage. The fact that the Scottish Parliament is unicameral makes this all the more important.
The Sewel Convention At the time of drafting the Scotland Act, Lord Sewel was asked to consider what would help ensure its trouble free passage through the Upper House. He devised a provision whereby the Scottish Parliament could allow the UK Parliament to initiate legislation on devolved issues. It was intended that this would be used sparingly, and only when it would help avoid wasteful duplication of effort. Donald Dewar, the first First Minister said: ‘There is a possibility, in theory, of the United Kingdom parliament legislating across devolved areas. But it is not one we anticipate or expect.’ He would perhaps be surprised to find out that within the first three years of the new parliament working, 38 Sewel motions had been used. The devolution settlement agreed that Scotland would continue to be legislated for by Westminster on a host of retained issues. It was thought that devolved issues would be just that: issues debated and legislated almost exclusively in Holyrood. MSPs have, as has been stated, allowed Westminster to legislate on many devolved issues, an example being the extension of the Food Standards Agency to Scotland. The Scottish Parliament had intended to introduce a Bill that would ban the advertising and promotion of tobacco. Health is a devolved issue. On finding out that Westminster was to introduce the Tobacco Advertising and Promotions Bill, Holyrood passed a Sewel motion. The new Bill was then to be expanded to include Scotland. This was done in order to avoid a needless duplication of effort. Unfortunately the Bill was dropped from the Queen’s Speech at Westminster. Scotland did not therefore get the new law as intended.
Trespass into devolved issues In 2000 Westminster passed the Health Service Commissioners (Amendment) Act. This act clearly trespasses into a devolved area, as it is now UK law and applies to Scotland. It was never even the subject of a Sewel motion. The division between retained and devolved powers has, in a very short period of time, become very blurred.
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Student/Pupil Activity Introduction to the Scottish Parliament
Individual activity Answer the following questions in relation to the Scottish Parliament: 1. What does devolution mean?
2. What problem, that devolution may cause, does the West Lothian question highlight?
3. What is the difference between retained and devolved power?
4. How powerful do you think that Holyrood is? Justify your answer.
5. How does the unicameral parliament manage to ensure proper scrutiny of the legislative process?
6. What are the ways in which a Bill can be introduced?
7. What are the main stages in the Holyrood legislative process? Group activity Westminster is old, and steeped in tradition. Holyrood is new and quite different. What could the old parliament learn from the new?
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Outcome 2 – PC (a) and (b): Analyse and evaluate the political executives of Scotland, the UK and the European Union. The Scottish Executive On learning the result of a Scottish Parliamentary Election, the Queen invites the Scottish leader of the party that has won the greatest number of seats, to form an Executive. The Executive is, in effect, the government of Scotland, as far as devolved issues are concerned. Elections are held every four years. The 1999 and 2003 elections did not produce a clear winner. On both occasions Labour got the highest number of seats; but not the 50% required for an outright majority. The first ever First Minister was Donald Dewar. In order that the opposition parties were unable to join forces in the Parliament, and make it difficult for Labour to get through its legislative programme, a coalition partner had to be found. In other words: a party prepared to work with, and support, Labour in the Parliament. Neither the Scottish National Party (SNP) nor the Conservatives were prepared to do this, as their ideological differences were too great. The Liberal Democrats (Lib Dems), who were very keen on the introduction of devolution, and therefore wanted it to work, were prepared to offer support. This support however came at a price. Places were made available within the Executive for Liberal Democrats. The position of Deputy First Minister was given to the then leader of the Lib Dems: Jim Wallace. Scottish Executive ministerial positions were then allocated to Labour and Lib Dem MSPs – the majority going to Labour. Being in coalition meant that both parties had to make a certain amount of compromise – unlike the UK Executive, where Labour had an outright majority. The system of proportional representation used in Scottish Parliamentary elections is largely the cause of the need for coalition government.
Note: See Political Representation: Outcome 2 for an explanation of the UK, Scottish and EU Parliamentary election systems. This advice will not be applicable to those studying Political Structures as a free-standing Unit.
The Executive is only authorised to govern on devolved issues. The Scottish Cabinet comprises of a First Minister, Deputy First Minister, and Ministers, each of whom head a department. It is the First Minister who appoints all of the other Ministers. In July 2005, the Scottish Cabinet was as follows: Jack McConnell MSP Nicol Stephen MSP Cathy Jamieson MSP Andy Kerr MSP Peter Peacock MSP Tom McCabe MSP Ross Finnie MSP Malcolm Chisholm MSP Margaret Curran MSP Patricia Ferguson MSP Tavish Scott MSP Colin Boyd QC Elish Angiolini QC
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First Minister Deputy First Minister and Minister for Enterprise and Lifelong Learning (Lib Dem) Minister for Justice Minister for Health and Community Care Minister for Education and Young People Minister for Finance and Public Service Reform Minister for Environment and Rural Development (Lib Dem) Minister for Communities Minister for Parliamentary Business Minister for Tourism, Culture and Sport Minister for Transport (Lib Dem) Lord Advocate Solicitor General
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The First Minister As head of the devolved Scottish government he is responsible for the development, presentation and implementation of Executive policy. It is also his role to represent and promote the interests of Scotland. It is the responsibility of the Deputy First Minister, now Nicol Stephen, to deputise and take control of the Executive, in the absence of a First Minister; something that Jim Wallace twice had to do: first on the death of Donald Dewar, and then following the resignation of Henry McLeish. Executive power in Scotland is divided between the First Minister for devolved power, and the Secretary of State for Scotland for retained power. The role of the secretary of State and the Scottish/Scotland Office will be discussed later. The First Minister’s duties are as follows:
Head of the Scottish Executive appoints all ministers to the Scottish Executive cabinet responsible for the formulation of Executive policy responsible for the introduction and progress of Executive sponsored legislation responsible for the civil service administration in Scotland responsible to the Scottish Parliament.
The Cabinet of the Scottish Executive Cabinet meets weekly. It can be seen above that it comprises of the First Minister, the Deputy First Minister, the Lord Advocate, the Solicitor General and nine Ministers. It operates using the same principle of collective responsibility that is applied in the UK Executive. The difference is, of course, that the Scottish Cabinet is a coalition of two parties; both of whom must be content with the decisions made by their party’s Cabinet members. The fact that this coalition is not equal, in terms of number of Ministers, and MSPs, from each of the two parties, does not mean that the junior party, the Lib Dems, has to give in on all policy decisions. Compromise often has to be sought. The worst thing that could happen is that a party split occurred within Cabinet. The First Minister is not even able to finalise the agenda for Cabinet meetings without having it first agreed with his Deputy. The Civil Service The Scottish Executive is based in Edinburgh, apart from the Department for Enterprise and Lifelong Learning, which is located in Glasgow. It is staffed, using a similar hierarchical structure, by UK civil servants, many of whom transferred from the Scottish Office at the time of the creation of the devolved system. This allowed for a high level of continuity. There is no separate Scottish civil service. This has meant that links have been retained between high-level civil servants attached to both the UK and Scottish Executives. The reorganisation of the Civil Service in Scotland to cope with devolution was a relatively painless process, which was aided by the fact, that the same party, Labour, was in control of both executives. The situation could prove much more difficult for the civil servants if, in the future, two different parties governed the UK and Scotland. The most senior civil servant within the Scottish Executive is the Permanent Secretary. There is also a Principle Finance Officer and Heads of Departments that, between them, cover all devolved issues.
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The Executive Secretariat Within the Executive’s civil service, this department occupies a central position. It has a co-ordinating role, in which it deals with areas such as: legal support, personnel and finance. In addition, it has a co-ordinating remit within the Executive, organising ministerial committee meetings, and other occasional meetings to deal with awkward situations that can crop up. It also acts as liaison between the Executive and the Parliament, Westminster and the European Union.
The Scottish Office The post of Secretary of State for Scotland was first created in 1885 and became a Cabinet post in 1926. He/she was an MP and was responsible to the Parliament at Westminster for all Scottish issues. As Minister for the Scottish Office, he/she had to answer for its performance during Scottish Question Time, in the Commons. The Secretary of State was responsible for administering Scotland’s separate system of law, and the departments within the Scottish Office itself. He/she was the UK Government’s spokesman in Scotland, responsible for defending government actions and outlining new policy initiatives. Over the years, the remit of the Scottish Office expanded to the point that, by 1999, it was employing 5,000 people. Most were based at Victoria Quay in Leith. The Secretary of State was a very important figure in Scottish politics, acting as a link between the UK Government, the UK Parliament and Scotland. This operated in two directions. He/she was able to articulate the views of the Scottish people to the government and also act as the voice of government to the Scots.
The Scotland Office In 1999, the Secretary of State became responsible to Parliament in London only for those issues retained by central government. He/she now headed a much-reduced Scotland Office. The headquarters in Leith, and most of the staff, were transferred to the new Scottish Executive. Now there were only two principle ministers: the Secretary of State and one Minister of State. There used to be five ministers, each heading-up a department similar to those now controlled by the Scottish Executive.
Devolution meant that most of the important responsibilities, previously held by the Secretary of State, were given to the First Minister. It is interesting to note that Donald Dewar, the first First Minister, was the last Secretary of State to head the Scottish Office. The role of the Secretary of State was now that of an intermediary; smoothing out any difficulties that cropped up between the UK Government and the Scottish devolved institutions. Negotiations in relation to the block grant awarded to Scotland, using the Barnett Formula, was an example of the liaison duties that he/she engaged in. By June 2003, rumours that the days were numbered for the role of Secretary of State for Scotland began to look ominously true. It had been reported in the Scottish media that the Secretary of State, Helen Liddell, was bored and could find little to do; so much so that she found time to study French at Dover House, the Scotland Offices London HQ. It was reported that she was unable to convince Tony Blair of the continued need for her position. Helen Liddell resigned. Much of the media said that Tony Blair, as part of a bigger Cabinet shake-up, had axed her. He had decided that the post, in its present form, was no longer required.
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The Department of Constitutional Affairs A new Department of Constitutional Affairs was created, this to be headed by Lord Falconer, and covering both Scotland and Wales. Lord Falconer, an unelected peer, could not speak for Scotland in the House of Commons. The Transport Secretary: Alistair Darling did this, holding the dual roles of Transport and Scottish Secretary.
It can be seen therefore, that there is no longer one individual with sole responsibility for Scotland, and its relationship with the rest of the UK Parliament and Government. Devolution seems to have negated much of the need for such a minister of state. The Locus of Power The provisions of the Scotland Act bind the Scottish Executive. This curtails its power and that of the First Minister. Only an Act of Parliament can alter the powers listed as being devolved and retained. For this reason the Scottish Parliament and Executive are seen as being much less powerful than their London counterparts. Rumours persist that a certain amount of control of the Scottish Executive and the First Minister, comes from the Labour hierarchy in London. Shortly after the departure of the second First Minister, Henry McLeish, one of his senior advisors sold his story to the Scotsman newspaper. In this series of articles, he recounted stories of the number of times that ministers, within the Scottish Executive, contacted UK Government ministers for support, advice and even instruction, regarding the course of action to be taken over the McLeish controversy. The third First Minister is the Lanarkshire MSP, Jack McConnell. It is for the above reasons therefore that some in Scotland believe that the real political power remains firmly located in London.
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Practice Assessment The following is similar to the type of questions that you will be expected to answer when you sit your assessment: Time allowed: ½ hour Question:
The First Minister seems to have much less power than the Prime Minister.
Compare the powers of the First Minister and the Prime Minister. In your answer you should:
describe the difference between retained and devolved powers give reasons why the First Minister is much less powerful than the Prime Minister. (10 marks)
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The European Union: an introduction To some the European Union is, or should be, simply a collection of sovereign and independent states that have joined in union, in order that trade and co-operation between them is easier. This is the reason that the UK joined in 1973. To others, the EU is fast becoming a federal superstate: a kind of United States of Europe. Federalism will be explained below. People happy with the way that the EU has developed over the years are often called: europhiles; those who are not are known as eurosceptics, or even europhobes. All politics is controversial, but the EU, and Britain’s place within it, has long been the subject of great debate. It is for this reason therefore, that we will look at the history of, and debates surrounding, the European Union, before we examine its legislative system and political executive. Member states The European Union is a political, economic, trade and monetary alliance between 25 European states. The member states, and the year that each acceded: joined the EU, are as follows: Austria Belgium (founding member) Cyprus Czech Republic Denmark Estonia Finland France (founding member) Germany (founding member) Greece Hungary Ireland Italy (founding member) Latvia Lithuania Luxembourg (founding member) Malta The Netherlands (founding member) Poland Portugal Slovakia Slovenia Spain Sweden United Kingdom
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1995 1952 2004 2004 1973 2004 1995 1952 1952 1981 2004 1973 1952 2004 2004 1952 2004 1952 2004 1986 2004 2004 1986 1995 1973
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Factors contributing to the creation of the European Union The pursuit of peace Europe has, for much of its history, been a battlefield in which national, religious and economic conflicts were played out. The last century saw two world wars in which most of the nations of Europe experienced the horrors of modern warfare. At the end of World War II, many Europeans began searching for a solution, which would ensure that such genocide never happened again. Germany and France had, for example, been engaged in periodic wars with each other, for over 100 years, culminating in the carnage of WWII. They were, therefore, the main instigators in a chain of events that led to the creation of the European Union. The idea was simple: that the countries of Europe should work together. It was argued that much greater co-operation between nations, in areas such as research, trade, and commerce, would be helpful. The people of one country are much less likely to want to attack and destroy the people and property of other nations, if they regularly work and trade with them. A culture of trust and reliance would thus be created. Many felt that this could only be achieved, if co-ordinated at national government level. France, for example, was keen to find a way of containing Germany’s powerful political influence, and saw the establishment of what was called at the time a European Community, as a way of achieving this. Proposed options for this co-operation between states ranged from: a loose confederation of states, to a federal United States of Europe. The end result, it was hoped, would be, that by working together, ordinary European citizens would learn to respect each other. This contact, on an inter-governmental, commercial and individual level, would make it virtually impossible for large-scale warfare to breakout again. We would all be European citizens, and less inclined to make war against each other. The unrestricted market The effects of the Second World War devastated the industrial, commercial and agricultural fabric of much of Europe. The infrastructure had to be rebuilt. Many within the business communities of Europe began to argue that the free movement of goods and services across national borders would be highly advantageous. It would cut costs, save time and effort and open up new markets. They also argued that taxes, tariffs and trading restrictions imposed on those importing and exporting goods, were also costly and time consuming. An area of free trade was required and a common market would be able to deliver this. Many who argued from this perspective were less sympathetic to the notion that a strong European political institution should be created; theirs was primarily a commercial argument. The ability to move goods and labour from state to state, with little or no bureaucracy getting in the way was, to them, a very powerful proposition. A Socialist Utopia For some, a united Europe was seen as a way in which the workers of each nation could benefit from a variety of social initiatives. Laws could be introduced to ensure that, for example, safety standards were applied in all countries, and a decent minimum wage was imposed. It was hoped that individual nations would adopt socialist policies, such as the nationalisation of key industries. The output of these industries could then be coordinated in order to best serve the needs of the people. Europe would therefore be organised primarily for the benefit of the working people, rather than the capitalist system.
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A powerful Europe In the aftermath of the Second World War, many in Western Europe were alarmed by the fact that they were sandwiched between two mighty powers. To the east was the Soviet Bloc, which encompassed Russia and much of Eastern and Central Europe. The threat was a military one; they could invade at any time. To the west was the USA, which, although an ally providing aid and military protection, was seen by some to be an economic threat. They feared that the Americans would saturate Europe with US goods. The small, by comparison, states of Europe would not be able to withstand these pressures. For some, the solution was the creation of an equally strong united Europe, which could match the military might of the Soviets, and the commercial might of the Americans. This perspective called for a strong European political institution. What’s in a name? The changing names that this institution has adopted over the last half century illustrate the increasing power and influence that it has gained. Initially it was called the European Coal and Steal Community (ESSC), and it concentrated solely on these areas of heavy industry. It then became the European Economic Community (EEC), which dealt with a far greater range of economic issues. The next incarnation was the European Community (EC), which began to look beyond the economic arena and act on social issues as well. It is now called the European Union (EU). Use of the word union, as opposed to community is seen by some to have signalled a fundamental change. A community of nations loosely aligned on socio/economic issues, is different from a union of states. The next logical step, for some, therefore seems to be the creation of a federal state, a United States of Europe (USE). This, to some, would be a step too far and pose a serious threat to the sovereignty of member states. Others however, see this as being perhaps the only way of curtailing the ever-increasing power of the USA. The new Europeans It can be seen therefore that the European Union came about as a result of a variety of influences. To some, it helps to maintain peace. To others, it enables free trade to flourish. For others, it can create a powerful defence against potential aggressors, and to some it offers a way of looking after the best interests of workers. More recently, cultural, tourist and educational links have encouraged many within the Union to regard themselves much more as being Europeans.
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The European Community: a brief history 1950 1951 1952 1957 1958 1973 1974 1976 1979 1981 1984 1986
1989 1990
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1993 1994 1995 1997 1999 2001 2002 2004 2005 2005
The European Coal and Steel Community (ECSC) is proposed The Treaty of Paris creates the ECSC. The six original member states being: Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The first meeting of the ECSC is held in Strasbourg, France. The Treaty of Rome creates the European Economic Community (EEC), and also the European Atomic Energy Community: Euratom. The European Parliament sits for the first time. Denmark, Ireland and the United Kingdom become members. The Paris Summit sees the principle that MEPs should be directly elected. This was adopted by the nine heads of state or government. The principle of directly elected MEPs is approved. The first European Parliamentary elections are held, and the first session of elected MEPs takes place in the new Palais de l’Europe, in Strasbourg. Greece joins, and becomes the 10th member state. A draft Treaty establishing the European Union (EU) is adopted. The second European Parliamentary elections are held. Spain and Portugal join; there are now 12 member states. The Single European Act is passed, thus creating a fully unified market with the free movement of people, goods, capital and services between member states. The third European Parliamentary elections take place. The reunification of Germany brings 17 million East Germans into the European Community. The first stage of European Monetary Union: the European Council, at a meeting in Dublin, approves EMU. In Rome, a meeting of the parliamentary assizes between representatives of the European Parliament and the 12 national parliaments takes place. In Maastricht, Netherlands, the European Council agrees the Treaty of European Union. This treaty will include economic and monetary union, changes to EC treaties, a common foreign and security policy and cooperation in justice and home affairs. The Maastricht Treaty: The Treaty of European Union is signed. John Major, the Conservative UK Prime Minister refuses to sign the Social Chapter of the Treaty. This chapter includes provision for, amongst other things: a guaranteed minimum wage. The Treaty of European Union comes into force. The 4th European Parliament elections are held and the number of MEPs is increased to 567 to take account of the effects of German reunification. Austria, Finland and Sweden become members. There are now 15. New Labour wins the UK General Election and Prime Minister Tony Blair signs the Social Chapter of the Maastricht Treaty in Amsterdam. The 5th European Parliament elections take place. The Nice Treaty defines the institutional changes necessary for EU enlargement. Twelve of the 15 member states adopt the Euro as their unit of currency; Denmark, Sweden and the UK maintain their national currency. Ten new countries join the EU: five from Central Europe, three Baltic states and two Mediterranean islands. The 6th European Parliament elections are held. Referendums held in France and the Netherlands reject the introduction of a EU Constitutional Treaty, thus causing the UK Foreign Secretary Jack Straw, to shelve plans for a UK referendum on the issue. The introduction of a EU Constitution now seen to be unlikely to happen in the near future.
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We can see from the above brief history that the European community has gone from, in 1951, being a six member-state organisation that co-operated on industrial issues regarding coal and steel, to a 25 member-state union responsible for a vast array of political, economic, monetary, employment and social issues. Bulgaria and Romania have completed negotiations and are set to join in 2007. Others are likely to follow, such as: Turkey, Croatia, Republic of Macedonia, and Ukraine. Switzerland and Norway have previously applied for membership but have, as yet, not decided to join. The aims of the European Union Below are shown the stated aims of the EU. They help to illustrate why some people are very keen on the continued evolution of the EU. These europhiles would, for example, be happy with the idea of promoting: ‘balanced and sustainable economic and social progress’. Eurosceptics however, worry about the threat to national sovereignty posed by aims such as: ‘common foreign and security policy, and, eventually, a common defence policy’. The aims are as follows:
to lay the foundations of an ever-closer union between the peoples of Europe
to promote balanced and sustainable economic and social progress by creating an area without internal frontiers, by strengthening economic and social cohesion and by establishing economic and monetary union, ultimately including a single currency
to project the Union to the rest of the world, through the common foreign and security policy, and, eventually, a common defence policy
to strengthen the protection of the rights and interests of the nations of its Member States through the introduction of a citizenship of the Union
to develop close co-operation on justice and home affairs.
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Ideological debates Having examined the aims and positive reasons put forward for the creation, and continuance of the EU, it is useful now to consider some of the debates and negative attitudes, about Europe, that occur in the UK: Membership Some worry about the effect that the UK’s membership of the EU is having on many aspects of British life. They see more and more EU laws, rules and regulations having to be adopted. The potential threat of the loss of sterling, and its replacement by the Euro, adds further to their view that Britain is losing power over fundamental aspects of British economic and social life. It looks, to them, increasingly likely that a EU army will also eventually be created. All of this suggests that British sovereignty is under threat. Federalism A federal system exists when a number of states unite and surrender some of their powers to a central governing body. Such systems normally have a federal legislative assembly and executive, which hold sovereign power. Defence is usually provided by federally controlled armed forces, and a single currency is used in all member states. The government and citizens of a federal state are obliged to comply with the rules of a written constitution. Citizens are entitled to a number of human rights. The United States of America is an example of this type of system. Eurosceptics worry that the European Union has moved well down the road to becoming a federal state; many Europeans however, are very clear in their belief that the countries of Europe should, in fact, form themselves into such a federal system. This is of concern to some in Britain, who associate themselves more closely with the countries of the British Commonwealth, such as Canada, Australia, New Zealand and South Africa, as well as the USA. For these people, the historical, cultural and linguistic associations that Britain has with other ‘English speaking nations’ is stronger than any feeling of being ‘European.’ The possibility of EU federalism becoming a reality, and Britain being part of it, poses too much of a threat to eurosceptics. For them, it would cause too many fundamental changes to the political, economic and social life of the UK. Enlargement There are now 25 member states, with more to follow. Those yet to join are mostly from Central and Eastern Europe. Turkey is also preparing to join. These countries are poor, in comparison to the existing members. Despite the fact that countries like Greece, Portugal and Ireland have experienced economic prosperity, since becoming members, some worry that economic migration from the new, and initially poor member states, to the wealthier established countries, will cause unemployment. Citizens of the EU are entitled to travel, and work in any member state. It should be noted that the 2005 accession of 10 new countries did not result in a large influx of labour into Britain, or a resultant increase in unemployment. An enlarged community, it is argued by europhiles, creates new market opportunities, especially when the new entrants become prosperous. Some however, argue that these markets can be exploited whether or not they are part of the EU.
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A brief overview of the work of the European Union The Council of Ministers, comprising government ministers from all member states, meet to decide on the measures that need to be taken at a European, rather than domestic, level. The issues under discussion determine the ministers who attend. Each country holds Presidency of the Council for six months, in rotation, starting in January and July of each year. The UK began its most recent Presidency in July 2005. Having decided on the measures that need to be taken, it is then up to the European Commission to make proposals as to how these goals could be achieved, perhaps through new, or revised, legislation. The European Parliament then examines the proposals made by the Commission. The Parliament then gives its opinion, makes amendments, and sometimes takes decisions jointly with the Council of Ministers. Changes to EU law then need to be adopted into the national law of all member states, including that of the UK. If the issue were, as far as Scotland is concerned, a devolved one, then the Parliament at Holyrood would have to adopt it.
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Student/Pupil Activity The European Union: an introduction
Group activity The following questions should be discussed in groups of three to four. Each group should elect one student to feedback the decisions made. 1. Based on what you have read so far, about the European Union, do you think that it has achieved much of what it set out to do? Provide examples to illustrate your response. 2. Do you think that there is any real need for eurosceptics to worry about a threat that they see, to UK sovereignty? Remember that the UK is represented in all of the EU institutions and bodies previously discussed. 3. What do you think is to be gained, by the richer Western European member states, such as Britain, by admitting the poorer Central European countries into the EU?
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Outcome 1 – PC (a) and (b): the legislative branch of government in Scotland, the UK and the European Union. The European Parliament This is a democratically elected parliament; MEPs are elected, EU wide, every five years. Parliament represents the citizens of the EU and expresses their voice in Europe and beyond. Every registered EU citizen is entitled to vote. The number of MEPs representing each country is determined by the size of the population of the country. The larger the population: the greater the number of MEPs. There are currently 732 MEPs, and this will increase to 786 in 2007, when Bulgaria and Romania join. The monthly plenary parliamentary sessions, in which all MEPs can attend, are held in Strasbourg, France. This is regarded as being the Parliament’s base; some call it Parliament’s seat. These sessions last for one week, every month, except in August. Committee meetings of the Parliament are held in Brussels, Belgium; they are held for two weeks in every month. The Parliament’s administrative headquarters is in Luxembourg, known as the General Secretariat. This is obviously a very inefficient way to organise the work of Parliament, but the EU has never been able to agree on one permanent site. The table below shows the number of MEP seats allocated to each member state. You can see that this ranges from Germany, the most populous member, having 99; to Malta, the least, having only five.
Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden United Kingdom
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2004 18 24 6 24 14 6 14 78 99 24 24 13 78 9 13 6 5 27 54 24 14 7 54 19 78
2007 18 24 18 6 24 14 6 14 78 99 24 24 13 78 9 13 6 5 27 54 24 36 14 7 54 19 78
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Role of the Parliament The Parliament’s main roles are to:
Legislate. It decides the shape and scope of new EU laws. This is usually done in conjunction with the Council. This is known as co-decision. These two bodies share the power to legislate. Having a democratically elected parliament participating in the legislative process is seen as a way of providing a level of democratic legitimacy to European law. Parliament also considers the work of the Commission, and then asks it to put forward proposals for appropriate new laws. The EU legislative process is explained below.
Scrutinise. It examines what the other EU institutions do, especially the Commission. It can censure the whole Commission and also has the power to approve or reject nominations for Commissioners; something that it did in 2004, when it was unhappy with the candidate put forward by Italy. Unlike the MEPs, the Commissioners are not elected. Parliament is therefore seen as exercising democratic supervision over the Commission. This could perhaps be compared to the scrutinising role that the UK Parliament has regarding the government.
Budgetary control. It holds joint authority, with the Council, over the EU budget. This allows it significant influence over how EU money is spent. It ultimately has the power to adopt or reject the budget. The EU’s annual budget does not come into effect until it has been signed-off by the President of the Parliament.
Organisation of the EU Parliament The President of the European Parliament chairs the proceedings of the Parliament; he acts in a way similar to the Speaker of the House of Commons, and the Presiding Officer of the Scottish Parliament. In addition to the above responsibility, he also oversees the administrative functions of the Parliament, and is its representative on ceremonial occasions. A Bureau, made up of 14 vice presidents and another five members, known as Quaestors, supports the President. The Bureau is responsible for the internal organisation of the Parliament, and its relations with non-EU states. The work of Parliament comprises two main stages: 1. Preparation for plenary sessions. Parliamentary committees with an interest in the area under examination, and political groups (both discussed below) scrutinise the issue and report their decisions back to Parliament. 2. Plenary sessions. All MEPs meet in Strasbourg to examine and debate proposed legislation. Votes are taken on amendments and then a decision is taken on the whole of the text. At these sessions, Parliament also receives questions and communications from the Commission or Council regarding things going on within the European Union, and beyond.
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Political groups The Parliament is configured in a semi-circular layout. MEPs do not sit with all of their fellow countrymen/women; instead they sit with other members of their own political party, but within a larger grouping of like-minded members from other countries. UK Labour MEPs, for example, usually sit with the Socialist group, and Conservatives with the Christian Democrats. There are seven of these multi-national political groups, and a further group, made up of members who do not wish to align to any of the other groups. The groups are as follows: Political group European People’s Party (Christian Democrats) European Democrats Party of European Socialists European Liberal, Democrat and Reformist Party European United Left/Nordic Green Left Greens/European Free Alliance Union for Europe of the Nations Europe of Democracies and Diversities Non-attached
Abbreviation EPP-ED PES ELDR EUL/NGL Greens/EFA UEN EDD NA
A political group may only be formed if one of the following happens:
at least 23 MEPs from one member state form a group at least 18 MEPs from two member states form a group 12 MEPs from three or more member states form a group.
All of the political groups consist of members from more than one country, and this means that they are able to pursue causes that don’t relate to only one member state.
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The Committees There are 17 committees, each specialising in a specific political area such as foreign affairs and security; every MEP is a member of one or more. They normally meet in Brussels and work on the business of the plenary parliamentary sessions. Having examined reports drawn up by the rapporteur, they vote on whether or not to adopt them. The political groups then scrutinise the reports, from their different political perspectives. The decisions taken by the committees and the political groups then help to determine whether they will be adopted by Parliament at a plenary session. If adopted, as a resolution, this would now constitute the Parliament’s position on the issue. The parliamentary committees are as follows: Foreign Affairs, Human Rights, Common Security and Defence Policy Budgets Budgetary Control Citizens’ Freedoms and Rights, Justice and Home Affairs Legal Affairs and the Internal Market Industry, External Trade, Research and Energy Employment and Social Affairs Environment, Public Health and Consumer Policy Agriculture and Rural Development Economic and Monetary Affairs Fisheries Regional Policy, Transport and Tourism Culture, Youth, Education, the Media and Sport Development and Co-operation Constitutional Affairs Women’s Rights and Equal Opportunities Committee on Petitions
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Tricameral legislative system Tricameral is a word used to describe a legislative system that has three separate bodies. The European Union is an example of such a system. The three bodies, their membership and legislative responsibilities are as follows: Council of the European Union: also know as the Council of Ministers European Union Commission European Union Parliament
Decides the legislative measures that need to be taken at EU level Makes legislative proposals, based on Council decisions Debates and gives opinion on proposals put forward by the Commission
Government Ministers of member states EU Commissioners
Elected MEPs
The tricameral legislative system is designed to ensure that a proper balance is struck between the interests of:
the governments of the member states: Council the European Union: Commission EU Citizens: Parliament.
Legislation It is the Commission that proposes EU legislation, and the Council and Parliament who pass it. There are three different procedures for passing EU legislation. They are as follows: consultation, assent and co-decision. Consultation This procedure involves the Commission sending its proposal to the Council and Parliament. The Council then consults Parliament and other interested bodies, such as the Committee of the Regions and the Economic and Social Committee. Sometimes consultation is compulsory and the proposal cannot become law without Parliament having given its opinion. On other occasions the Commission may merely suggest that the Council consults Parliament. Parliament can, in all cases:
give approval to the Commission proposal reject the proposal ask for amendments to be made.
The Commission considers amendments proposed by Parliament and, if it agrees, sends an amended proposal to the Council. Having examined the amended proposal, the Council can either adopt it, or amend it further. The Council can only amend a Commission proposal if all ministers unanimously agree. Assent This procedure requires the Council to obtain the Parliament’s assent (acceptance), before some very important decisions can be taken. The procedure is similar to Consultation, but Parliament cannot amend any proposal; it can only either accept or reject. In this procedure, assent requires an absolute majority of votes cast in Parliament.
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Co-decision Under this procedure, Council and Parliament share legislative power. The Commission sends a proposal to the two institutions. Both read and debate the proposal twice. If no agreement is reached, it is put before the Conciliation committee. This committee consists of equal numbers of Council and Parliament representatives. Representatives from the Commission also attend and join in the discussion. On reaching an agreement, the agreed proposal is sent to Parliament and Council for a third reading, in order that they can jointly adopt it as law. The rules that determine which of the three procedures should be used are laid down in treaties, and all EU laws are based on a specific treaty article, known as the legal basis of the legislation. The legislative process Having looked at the three bodies that make up the EU’s tricameral legislative system, and the three legislative procedures, we can now consider the general process of turning a proposal into EU law. You will see that some acts can be adopted and made law very quickly; for others, it can be a long, drawn-out process. The process is as follows:
The Commission puts forward a proposal to Parliament and the Council.
Parliament gives an opinion:
it may approve the proposal and the Council may adopt the act
it may make amendments and the Council may approve the amendments and adopt the act
the Council may adopt a common position.
The Commission will then issue a communication on the common position.
Parliament then examines the common position of the Council and decides whether to:
approve the common position. The act is then adopted
reject the common position by an absolute majority. The act is not adopted
propose amendments by absolute majority.
The Commission then issues an opinion.
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The Council can then:
Approve all amendments made by Parliament. The act is then adopted.
Not approve the amendments.
The Council President, in conjunction with the President of the Parliament, then convenes the Conciliation Committee.
The Conciliation Committee has two options: 1.
It may not reach agreement. The act is not adopted.
2.
It may reach agreement. The act is then adopted.
Note: only if both the Parliament and Council agree by absolute and qualified majority, will the act be adopted.
The act is then adopted by all of the Member States.
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Practice Assessment The following is similar to the type of questions that you will be expected to answer when you sit your assessment: Time allowed: 1 hour Question 1: Describe how EU laws are made. In your answer you should explain the part played by:
The European Commission The European Council The European Parliament. (10 marks)
Question 2: Compare the ways that members of the UK and Scottish parliaments can scrutinise their executives. In your answer you should:
Describe two ways that MPs can scrutinise the actions of government. Describe two ways that MSPs can scrutinise the actions of the executive. (10 marks)
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Outcome 2 – PC (a) and (b): Analyse and evaluate the political executives of Scotland, the UK and the European Union. The European Commission The Commission is regarded as being the Executive part of the European Union; it also initiates proposals for EU legislation and makes sure that, when enacted, member states apply these laws properly. The Commission consists of the President of the Commission and 24 Commissioners, some of whom are Vice-Presidents. One person is appointed from each of the member states. Each Commission lasts for five years, the next being appointed in 2009. The European Parliament must approve the appointment of Commissioners, and has the power to censure the Commission. The Commission is based in Brussels, Belgium, but also has some offices in Luxembourg. It acts as a politically independent body, trying to represent and defend the interests of the whole of the EU, rather than those of the member states. Some see it as being the power behind the EU, because it is responsible for so many of the legislative and policy programmes initiated and implemented. Commissioners The word Commission can mean two things. It can refer to the responsibility given to someone who has been appointed by their own country, and the EU Parliament, to run the institution: the Commissioners. It can also refer to the institution and all of the staff, similar to civil servants, who work for it. All of the Commissioners have previously held senior political positions in their own country, often within their own national government. Peter Mandelson, for example, held a number of cabinet positions in Tony Blair’s government. Mandelson is now the EU Commissioner for Trade. Having become a Commissioner, however, they are expected to act solely in the interests of the EU, and not show any favouritism towards their own country and its government. This was demonstrated in 2005, when Peter Mandelson, a close friend of Tony Blair, publicly criticised the UK Government, saying that it was going to have to negotiate over the annual EU rebate that a previous UK Prime Minister, Margaret Thatcher, had negotiated for Britain.
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The European Commission 2004-9 Name Jose Manuel Barroso Margot Wallstrom
Position President
Responsibility Head of Commission
Nationality Portuguese
Vice-President
Swedish
Gunter Verheugen Jacques Barrot Siim Kallas
Vice-president Vice-President Vice-President
Franco Frattini
Vice-President
Viviane Reding
Commissioner
Stavros Dimas Joaquin Almunia
Commissioner Commissioner
Danuta Hubner Joe Borg
Commissioner Commissioner
Dalia Grybauskaite
Commissioner
Janez Potocnik Jan Figel
Commissioner Commissioner
Markos Kyprianou
Commissioner
Olli Rehn Louis Michel
Commissioner Commissioner
Laszlo Kovacs
Commissioner
Neelie Kroes Mariann Fischer Boel Benita FerreroWaldner
Commissioner Commissioner
Charlie McCreevy
Commissioner
Vladimir Spidla
Commissioner
Peter Mandelson Andris Piebalgs
Commissioner Commissioner
Institutional relations and communication strategy Enterprise and industry Transport Administrative affairs, audit and anti-fraud Justice, freedom and security Information, society and the media Environment Economic and monetary affairs Regional policy Fisheries and maritime affairs Financial programming and budget Science and research Education, training, culture and multilingualism Health and consumer protection Enlargement Development and humanitarian aid Taxation and customs union Competition Agriculture and rural development External relations and European neighbourhood policy Internal market and services Employment, social affairs and equal opportunities Trade Energy
Commissioner
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German French Estonian Italian Luxembourgish Greek Spanish Polish Maltese Lithuanian Slovenian Slovakian
Cypriot Finnish Belgian Hungarian Dutch Danish Austrian
Irish Czech
British Latvian
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Appointing the Commission This is done every five years, and within six months of the EU Parliamentary elections. There are three stages to the process: 1. The governments of the member states designate a new Commission President. 2. The new Commission President-designate selects the other 24 Members of the Commission, in consultation with the governments of the member states 3. The recently elected EU Parliament then interviews all 24 candidates, in order to give an opinion on what is called the college. Only if this college is approved by Parliament, can it begin work the following January. You have seen above that the current President is Jose Manuel Barroso, and that the Commission’s term of office will continue until 2009. The work of the Commission There are more than 20,000 people employed by the Commission. These EU civil servants range from senior administrative officials and experts, to interpreters and translators, to secretarial and other support personnel. They are recruited from all of the member states. Staff are organised into a number of departments; these are known as the Directorates-General. All are responsible for a different policy area and are headed by a Director-General. These senior civil servants are responsible to a Commissioner, a relationship similar to that between the head of a UK Government department and his Minister. In addition to those who are based in the seat of the Commission, in Brussels, there are people representing the Commission in all of the member states, and in many of the world’s capital cities. The Commission is answerable to the EU Parliament. Parliament has the power to adopt a motion of censure and dismiss the whole Commission. In order that it can explain its policies clearly, the Commission attends all parliamentary sessions. It also provides written replies to questions that were asked by MEPs, either in Parliament, or in written form. This is similar to the scrutiny placed on the UK Government by its Parliament. The main roles of the Commission are as follows:
Legislative. To propose new EU legislation to both the Parliament and Council. The Commission must constantly assess the changing situation in Europe, in order to be able to judge whether legislation is required, and the most appropriate way to put right any problems that may be developing. To do this, the Commission keeps in close contact with national and regional governments, a large number of interest groups, and two EU advisory bodies, the Committee of the Regions and the European Economic and Social Committee. Any proposals must be for the benefit of the whole community, not of a specific country or special interest. The Commission has the right of initiative. This means that it has the sole responsibility for drawing-up proposed legislation, to be presented to Parliament and the Council. It is the Director-Generals who are responsible for drafting the Commission’s legislative proposals.
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The Subsidiarity Principle EU legislation, or other action at EU level will only ever be proposed, if the Commission is sure that the problem cannot be more efficiently resolved at nation state, regional, or even local level. This principle of dealing with political matters at the lowest possible level has come to be known as the subsidiarity principle.
Legislative continued. If the Commission feels that use of the subsidiarity principle would not be appropriate, it will draft a legislative proposal. In order that the draft is technically correct, the Commission draws on the advice of experts from its working groups and committees.
Executive. To implement and administer EU policies and to manage the EU budget. It is often the national governments, and their regional and local authorities, which actually do the work of implementing EU policies. It is they who also spend much of the EU budget. It is, however, up to the Commission to supervise what is done, and spent, in the name of the EU. For example: parts of Scotland have experienced longterm industrial decline. Programmes to encourage urban regeneration have accordingly been introduced, and financed, by the EU. The Commission is responsible for ensuring that this is administered properly. The EU Court of Auditors monitors the Commission’s administration of the budget. The Parliament will only ‘grant the Commission discharge’ of the budget, in other words sign it off, if it is satisfied with the annual report of the Court of Auditors.
Legal enforcement. To ensure that EU law is applied in all member states. This is done in conjunction with another EU body, the Court of Justice. If the Commission finds that a member state is not meeting its legal obligations by properly applying EU law, it can take the following steps: 1. Initially it will begin a legal process known as the infringement procedure. A letter is sent to the government of the offending country, stating why the Commission believes that the member state is infringing a EU law, or treaty. The country is also given a deadline, by which time it must comply. 2. Failure to comply will mean that the matter is then referred to the Court of Justice. This body has the power to impose penalties, such as fines, on the offending country. Judgements made by the court are binding on member states, and all other EU institutions. It can be seen from this why some eurosceptics worry about, what they see as being, the threat to the sovereignty of nation states posed by the EU.
International representation. To represent the European Union on the world stage by, for example, negotiating trade, aid and other agreements. It is now seen as being more convenient for the member states, and for international organisations, and also foreign countries, if the Commission speaks on behalf of Europe. This is sometimes called the ‘with one voice’ approach. The World Trade Organisation, for example, finds it much more efficient to deal with one organisation that represents 25 countries, with agreed common interests.
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Meetings of the Commission These are also sometimes known as meetings of the College. They usually take place on a weekly basis, in Brussels, on a Wednesday. The Commissioner responsible for the policy area, under which an issue falls, presents that item for discussion on the agenda. You will remember that a senior civil servant, known as a Director-General, will have organised the drafting of the proposal. It is now up to the Commission to decide whether to adopt it. A proposal is adopted, if more than half of the Commissioners vote for it. Once agreed, all Commissioners are required to give it unconditional support. This is similar to the collective responsibility of the UK and Scottish executives.
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Student/Pupil Activity Introduction to the European Union Commission
Individual activity Answer the following questions in relation to the EU Commission: 1. What does subsidiarity mean? 2. What are the Commission’s main roles?
3. What would the Parliament adopt, if it wanted to dismiss the whole Commission? Group activity In what ways could the Commission be compared to the Scottish Executive, and the Commissioners to Scottish Ministers?
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Legislative and Executive It would be simple to say that the Parliament and Commission represent the legislative and executive branches of the EU, The Parliament being compared to the UK Parliament, and the Commission being equivalent to the UK Government – or at least the Civil Service. It is not however that simple. The EU is not a sovereign state; it is a union of states. It is for this reason that another important body exists: the Council of the European Union. This body comprises of representatives from the member state’s governments. It plays an important role in the EU’s legislative and executive processes. The Council takes two forms, and both are described below.
The European Council This consists of the Heads of State, or Government of the member states, and the President of the Commission. The Prime Minister represents the UK. This body meets at least twice a year. The meetings are known as summits and after each one the President of the European Council reports to the EU Parliament. The European Council sets the general political agenda for the Union, and decides broad policy lines on issues such as foreign and security matters. The Council of Ministers This consists of one minister from each of the member state’s governments. There are nine different configurations, each responsible for a different set of issues, such as Economic and Financial Affairs. The full list is given below. The Council of the European Union It is the role of the Council is to represent the interests of member states concerning EU legislation. It is one of the EU’s most important decision-making bodies. One government minister from each of the 25 member states sits on the Council. The Presidency of the Council is rotated between states, every six months. Meetings are normally held in Brussels; in April, June and October, however, they take place in Luxembourg. The minister from each country that attends will depend on the issues to be discussed. Terrorism falls into the remit of Justice and Home Affairs, and so a meeting of the Council to discuss this issue, would comprise of ministers such as the UK’s Home Office minister. The Council always remains one single institution, but there are nine different configurations:
Education, Youth and Culture Environment Agriculture and Fisheries Transport, Telecommunications and Energy Competitiveness: Internal Market, Industry and Research Employment, Social Policy, Health and Consumer Affairs Justice and Home Affairs Economic and Financial Affairs, known as: Ecofin General Affairs and External Relations.
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Ministers have the power to commit their own national government to whatever has been decided by the Council. This means that a minister will be required to answer to his or her own national parliament, and the citizens of that country. This, it is argued, bestows democratic legitimacy onto the Council. The main roles of the Council are:
passing EU laws, sometimes jointly with the EU Parliament
co-ordination of broad economic policies of the member states
concluding international agreements between the EU and other countries and international organisations
approving the EU’s budget. This is done jointly with the EU Parliament
developing the EU’s common foreign and security policy, in accordance with the guidelines set by the European Council
co-ordination and co-operation between member states’ national courts and police forces regarding criminal matters.
The Presidency of the Council Every member state takes its turn of holding the Presidency of the Council for a six-month period. This gives each national government an opportunity to influence the Council’s agenda. Tony Blair made it clear that, during the UK’s presidency, he wanted to bring discussion on the plight of Africa, and reform of the Common Agricultural Policy (CAP), to the fore. During a country’s six-month period of presidency, it chairs all Council meetings, and is responsible for ensuring that compromise and agreement is reached between member states, in order that the right legislative and political decisions can be made. The UK took over the presidency in July 2005, and handed it over to Austria in January 2006. Decision-making The Council makes its decisions by taking a vote. The number of votes that a country has is dependent on the size of its population; some of the smaller states are however given more votes than their population size actually justifies. The 321 votes are allocated as follows: Germany, France, Italy, United Kingdom Spain, Poland Netherlands Belgium, Czech Republic, Greece, Hungary, Portugal Austria, Sweden Denmark, Ireland, Lithuania, Slovakia, Finland Cyprus, Estonia, Latvia, Luxembourg, Slovenia Malta
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29 27 13 12 10 7 4 3
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Qualified majority voting Most decisions are taken using a system known as qualified majority voting. For a proposal to be adopted, a specific minimum number of votes need to be achieved. This works in the following way: 1. A majority, sometimes a two-thirds majority, of member states must approve the proposal. Also: 2. A minimum of 72.3% of the votes cast, ie. 232 must be in favour of the proposal. Also: 3. A member state can ask for a check to be made to ensure that the votes cast account for at least 62% of the total community population. The General Secretariat The Council is supported by a General Secretariat, which acts as a kind of civil service. It serves the Council by ensuring that everything runs efficiently. Its main task is to help the Council to draft and then implement its legislative and political decisions. In addition to this, the Secretariat maintains political contact, for the Council, with those countries outside of the European Union. A Secretary-General is appointed to manage the Secretariat, and a Deputy Secretary-General assists. The Permanent Representatives Committee: Coreper A team of people, permanently based in Brussels, represents every member state. They act in an almost ambassadorial role, looking after the nation’s interests within the EU. The permanent representatives of all member states meet each other weekly at a committee called Coreper. This committee prepares the work of the Council, and is aided by officials from the national governments. Only agricultural issues are dealt with separately; the Special Committee on Agriculture handles them.
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Student/Pupil Activity
Pairs activity Using all of the above information on the EU Parliament, Commission and Council, work with another student to answer the following questions: 1. Compare the legislative powers of the three EU institutions. Which do you think has the least and most power? Justify your answer.
2. Compare the political policy-making powers of the three EU institutions. Which do you think is the most and least influential, in determining the direction of the EU? Give reasons for your answers.
3. Now that you have studied the UK and EU political systems, which do you think is the more powerful: Britain, or the European Union?
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Other important institutions and bodies of the European Union The European Union is a complex organisation. In addition to the Parliament, Commission and Council, a large number of other institutions and bodies also serve the EU; five of the most important are detailed below: The Court of Justice
The Court of Auditors
The Economic and Social Committee
The Committee of the Regions
The European Central Bank
This is the supreme court of the European Union. It ensures that EU treaties and laws are respected and applied in the same way, in all EU countries. The Court helps member states apply Community law by answering questions referred to it by, for example, British judges. It also gives judgements on cases brought before it. The Court comprises of one judge from each of the 25 member states, and eight advocatesgeneral. It is based in Luxembourg. This court monitors the management of the Community budget; it checks to ensure that EU funds are received and are being properly and legally used. The most important role of the Court is to present the Parliament and Council with an annual report. This report describes the Commission’s handling of EU finances over the previous year, and helps Parliament to decide whether to approve the Commission’s performance. If satisfied, the Court sends Parliament and the Council a statement of assurance. The Court comprises of one member from each EU country. The Council appoints members for a renewable six-year term. The Court is based in Luxembourg. This committee represents the economic and social interests of organised civil society, such as: consumers, businesses, trade unions and the agricultural and fishing sector. It advises and tries to influence the policy decisions made by Parliament, Commission and Council. The Committee has 344 members, the number from each country being proportionate to its population. It has a four-year term of office, and meets in Brussels every month. This too is an advisory committee, designed to bring a regional and local dimension to the Union. It is composed of regional and local authority representatives nominated by, but independent of, their national governments. It also has 344 members, proportionately chosen. This Committee must be consulted on issues such as transport, education, environmental and regional policy. It is then able to issue opinions on proposals put forward by the Commission. This committee also has a four-year term of office and meets in plenary session, in Brussels, five times a year. The Bank is responsible for the management of the EU’s single currency, the euro, and also for EU monetary policy. Its primary responsibility is to maintain price stability within the currently 12 nations that have adopted the euro and make up what is known as the euro-area. To do this the Bank tries to keep price inflation under control. It is intended that eventually all member states will adopt the single currency and that the whole of the Community will be one euro-zone. The Bank is based in Frankfurt, Germany.
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Summary of the political structures of Scotland, the UK and the European Union. Where is the real political power? Having examined the three legislative and executive branches, we can see that Britain’s membership of the European Union, and the introduction of devolution to Scotland, has created considerable debate. Argument often centres on where the real political power now is, and where it will ultimately be. Devolved power The creation of a new Scottish Parliament and Executive has meant that more laws and policy decisions that will affect the Scottish people are now made here in Scotland. Power, it could be argued, has therefore shifted to Scotland. This power however only exists because the UK Parliament passed legislation, the Scotland Act 1998, to allow for the creation of a devolved system of government in Scotland. It would only take new UK legislation to take back that power. Sovereignty, as far as Scotland is concerned, clearly still lies at Westminster. Scotland and the EU The Scottish Parliament has little power to influence the EU; it does however watch events in Europe and makes its views known to the EU Parliament, Commission and Council. We learned previously that the Scottish Parliament and Executive must make sure that European laws and directives, which fall into the devolved category, are applied in Scotland. The Parliament in Scotland has a European Committee; it and some of the other committees, such as the Transport and Environment Committee take a very close look at developments in Europe. Europe as a common market Britain joined the EU at a time when it was little more than a loose coalition of Western European nations, hoping to make trade and commerce easier by agreeing to eliminate taxes, tariffs and excessive bureaucratic paperwork at the borders. Edward Heath, the Conservative Prime Minister at the time, saw membership of this common market as simply being better for British business. The member states were merely taking part in what is known as intergovernmentalism. This meant that all of the participating countries maintained their national sovereignty. Some people in Britain still support membership of the EU, as long as national sovereignty is not threatened. Europe as a federal state On mainland Europe, especially in France and Germany, some had a different vision of what the EU should be like. They hoped that, in time, there would be a federal Europe in which a supranational political authority held sovereign power over all of the member states. This supranationalism is being achieved; some would argue, by the step-by-step integration of important aspects of European political, economic and social life. Examples of such integration would include the single European currency and the proposed Constitutional Treaty.
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Eurosceptic or Europhile? We saw previously that this debate identified people as having two very different political views. Eurosceptics wish to call a halt to any further integration and have the EU revert to its original aim of simply being a common market. Some would go further and take Britain out of the EU. The UK Independence Party was set-up specifically to achieve this goal. Europhiles believe that for all the reasons discussed before such as the pursuit of peace, a powerful Europe and an unrestricted market, Britain should remain an active and enthusiastic member. The reluctant Europeans The Conservative governments of Margaret Thatcher and John Major (1979-97) were thought to be less than keen on the EU. Labour leader Tony Blair, on coming to power, spoke much more positively about Europe and, as we discovered earlier, quickly signed the Social Chapter of the Maastricht Treaty; something that John Major refused to do. In power however, the Labour administration have come to be described as ‘reluctant Europeans’ adopting, for example, a wait and see policy regarding the UK’s involvement in Economic Monetary Union (EMU). The Chancellor of the Exchequer, Gordon Brown, has said that Britain will adopt the euro, but only when the time is right; only when his five economic tests have been met. The tests are outlined below:
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The five economic tests Having become Chancellor of the Exchequer, Gordon Brown commissioned an independent assessment of the economic consequences of EMU. A paper, published by the Treasury in October 1997 set out its assessment of the five economic tests. The Labour Government believes that it will be to Britain’s advantage to join EMU, when all of the tests can be met. A referendum will take place when the Government believe that the five economic tests have been met. It has been adopting what has come to be known as the ‘wait and see’ policy. The tests are as follows: 1. Are business cycles and economic structures compatible so that we and others could live comfortably with euro interest rates on a permanent basis? 2. If problems emerge is there sufficient flexibility to deal with them? 3. Would joining EMU create better conditions for firms making long-term decisions to invest in Britain? 4. What impact would entry into EMU have on the competitive position of the UK’s financial services industry, particularly the City’s wholesale markets? 5. In summary, will joining EMU promote higher growth, stability and a lasting increase in jobs?
In 2002, when the euro was introduced, 12 of the then 15 member states adopted it as their national currency. Only Denmark, Sweden and the UK didn’t. The above tests look, to some, to be so difficult to achieve that they doubt whether the Government ever really wants Britain to abandon the Pound. Eurosceptics also worry about the threat posed to UK sovereignty, and its power within the EU, by the pace of enlargement. When Britain joined, it was one of only nine members; this gave it a reasonably powerful voice. There are now 25, soon to be more, members. Every time new members join, the proportion of votes that the UK has in the Parliament and Council reduces. Supporters of an enlarged EU argue however that this applies to all of the existing members and the greater the number of countries, the less able any one member of them is to dominate the EU; it becomes a truly supranational organisation. In addition to learning about the relative powers of the three political structures, and the legislative and executive bodies within them, we have also studied the different ways in which they are organised. The unicameral, bicameral and tricameral legislative systems all have their advantages and disadvantages. The Scottish unicameral system, although relatively new, seems to work effectively; the committees playing an important part in ensuring that proposed legislation is properly scrutinised. The traditional bicameral system of the UK Parliament is in the process of reform, the Lords being slowly changed into something that will be more representative of the British people, if not as democratically elected as the Commons. The EU’s tricameral system of legislation is described by some as being ‘cumbersome’. This is however perhaps the only system that will properly ensure that the three stakeholders in EU politics retain some power and influence over its legislative process; the stakeholders being: the citizens of Europe, the governments of the nation states, and the European Union itself.
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Finally We should remind ourselves of the relative powers that each of the three executives has. Prime Ministerial power The UK Prime Minister holds a very powerful position, being as he is in control of both the government and a majority of MPs in the more powerful of the two legislative chambers, the House of Commons. Only the unusual event of a backbench revolt can threaten his power to get government sponsored legislation through. Having become Prime Minister in 1997, it was not until 2005, and a government sponsored vote on holding suspected terrorists for 90 days, without charge, that Tony Blair suffered his first defeat in the House of Commons. The limited power of the First Minister The First Minister of the Scottish Executive does not have the luxury of a majority in the Scottish Parliament. This has meant that he has had to work in coalition, and therefore make compromises, with another political party. This, and the fact that he, and the Parliament, can only act on devolved issues, puts him in a relatively weak position. The EU Council and Commission – a kind of executive The Scottish and UK executives are easier to identify and discuss than that of the European Union. In one sense the EU should not really have an executive, a government, because it is not a sovereign state. It is countries that have governments, not intergovernmental organisations. The EU does however have a parliament and a legislative process and, as we learned at the beginning, if laws are made, they must be executed. The EU’s executive is therefore made up of the Council of the European Union, which makes policy decisions that ultimately become EU laws and determine the future direction of the EU, and the Commission which writes the proposed laws and ensures that, once enacted, they are enforced. The President of the Council and the President of the Commission – an executive with two heads No single figure can be identified as being the head of the EU executive. The Council is presided over by a six-monthly rotation of heads of member states. This does not therefore allow for the type of long-term planning and organisation that a Prime Minister or First Minister would be able to do. The President of the Commission is, of course, in position for five years and more able therefore to develop and carry out an executive programme. Unlike the heads of the Scottish and UK executives however, he is not a democratically elected politician; he is an appointee. This, to some, means that his position lacks the legitimacy of someone who has had to compete with others and convince the electorate of the merits of his policies.
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Resource Information Scottish political system Books: Lynch, P. (2001) Scottish Government and Politics: An Introduction. Edinburgh University Press. Spicer, M. (2004) The Scotsman Guide to Scottish Politics. Barbour Books. Internet: The Scottish Parliament’s home site: www.scottish.parliament.uk The Scottish Executive’s home site: www.scottishexecutive.gov.uk
UK political system Books: Davis D., MP. (1997) A Guide to Parliament. Penguin Books/BBC Books. Cooney, F. & Fotheringham, P. (2002) UK Politics Today. 2nd ed. Pulse Publications. Budge et al. (2001) The New British Politics. Pearson Education. Roberts, D. (editor) (1999) British Politics in Focus. 2nd ed. Causeway Press. Internet: The UK Parliament’s home site: www.parliament.uk The UK Government’s home site: www.open.uk/index.htm The Yahoo Politics Directory: http://uk.dir.yahoo.com The Politics Association: www.politicsassociation.com
European Union political system Books: Hill, B. (1998) The European Union. 3rd ed. Heinemann. Davies, A. (1998) British Politics and Europe. Hodder & Stoughton. Henig, S. (2002) The Uniting of Europe. 2nd ed. Routledge. Internet: The European Union home site: www.europa.eu.int The Commission home site for Scotland: www.cec.org.uk The Parliament home site for Scotland: www.europarl.org.uk
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