LAS-2 Written by Conor Newman
Plan
Introduction
Main Body
-Parliamentary Process-green paper, white paper, Parliament etc
-Role of MPs-Private member bills (10mins rule and ballots etc), voting on legislation
-Role of pressure groups- inform MPs of their views; pledge to vote against un-cooperative parties-examples of pressure groups and how they go about influencing legislation; insider and outsider pressure groups
-Role of Political parties-opposition parties voicing concerns of electorate; manifestos; MPs “toe-the-line”
-Relationship between the three-is it democratic?
Introduction
The purpose of this essay is to critically evaluate and discuss the relationship between Members of Parliament, Political Parties, and pressure groups in the formation of legislation. In order to do this, I will first briefly describe the Parliamentary process, and then go onto discuss how these three important bodies can in fact influence the decision making in this process.
Parliamentary Process
Bills are usually first drafted by Government Ministers, in the form of a green paper. This will simply be the title of the proposed bill and a brief outline of its purpose. After a consultation period with the relevant parties involved, a white paper will be published for public scrutiny, which will go into much more detail than the green paper-a second draft, essentially. The bill will then pass to Parliament, where it will go through a variety of different readings in both Houses, and a great amount of discussion and debate will take place. The bill will usually go under quite a few amendments to make sure it is feasible and workable in reality, and, if it makes it through every stage, then eventually the Monarch will grant their Royal Assent and it will become law.
Although this process remains almost exclusively for MPs, Political parties, and the House of Lords to deliberate upon, pressure groups and the general public do have a say, as shall be seen later on.
The influence of MPs on legislation
MPs and Government Ministers play a vital role in the creation of legislation. It is the Government Ministers, such as the Chancellor of the Exchequer, the Transport minister, or the Education secretary, who create green bills and white bills that eventually go onto become bills and, if they successfully pass through Parliament, legislation. Since Government Ministers are, in addition to their Governmental roles, Members of Parliament, this shows that they influence legislation. They are the ones who draft most bills for discussion in Parliament. Furthermore, because the House of Commons is made up of MPs, then they also play another vital role in actually discussing, debating, and amending suggested bills, no matter where they came from. Since the House of Commons has more power than the House of Lords, MPs have a greater role in legislation than the Lords.
Another way in which MPs can influence legislation is through Private Member’s Bills. These are bills that are actually suggested and introduced into Parliament by party backbenchers and MPs not in Government. There are two different forms: those introduced through a ballot, and those introduced through the ’10-Minute’ rule. A ballot is when twenty MPs, out of those that applied to suggest a bill at the beginning of the Parliamentary year, are selected to propose a new law that is given a limited amount of time to be debated upon during Parliament. However, this method can be seen as undemocratic because only the first five or six names chosen are actually discussed, and they very rarely become law. An example of a Private Member’s Bill introduced through a ballot is the highly important (and controversial) Abortion Act 1967, introduced through a ballot by a liberal party MP, David Steel. This act legalised abortion in the UK, although this law did not extend to Northern Ireland.
The ’10-minute’ rule is another way in which MPs can influence legislation. This is a rule in which any MP can make a speech of up to 10 minutes duration which supports or suggests a new law. Although these speeches rarely result in new legislation being made, they have on occasion been successful. A famous example of a private member’s bill introduced under the 10 minute rule is Military Action Against Iraq (Parliamentary Approval) Bill, which sought to transfer the power to declare war from the Monarch to Parliament. It was introduced by Tam Dalyell MP and gained the support of several others. However, the Queen had to give her consent for the bill to continue, because it proposed changes to the Royal Prerogative, but she refused to give her consent for a second reading, and so the bill was dropped. An example of a bill that did actually become law is the Bail (Amendment) Act 1993 which gave the prosecution the right to appeal against the granting of bail to a defendant.
As shown by the various examples above, MPs have a significant role in creating and influencing legislation. However, they are by no means the sole owners of this power, and their own decisions can be influenced by Pressure groups and the MP’s political parties, as we will see next.
Influence of Political Parties on legislation
Political parties, just like ordinary MPs, play a key role in the formation of legislation, especially the Opposition party of the time; at the moment, this is the Conservative party. Without the Conservative Party’s constant scrutiny and opposition of Government policy, the system itself would be undemocratic; there would be very few people opposing any new laws, and so the Party in power would be able to make all the decisions without proper consultation. In this way, political parties are a significant part of the creation of legislation as they oppose any policies of the Government that they believe to be wrong or not in the people’s interest, and this can have a massive bearing on whether the legislation is carried through the process, especially if the opposition party has a significant number of seats in the Commons. For example, if the Labour party wanted to pass a bill which the Conservative party opposed, then usually the entirety of the labour party (which will obviously have a majority in the House of Commons) would vote in favour of it, while the Conservative party would vote against. However, if their majority was not absolute or very significant, and some labour MPs voted against the bill, then the bill would not be stopped. This makes the system fair and democratic, as the Government is held accountable to the rest of Parliament.
Political parties also have a significant influence on their MPs. MPs are each members of one of the major political parties, and so, as members, should follow their party’s policy and ideology. For example, Conservative MPs should follow what the Conservative party tell them to. Although there is occasionally dissention within the MPs, they are usually kept in line by Party Whips, who ensure that MPs attend Parliamentary votes and debates, and report back to the central party the opinions of backbenchers. This shows the relationship between political parties and MPs in making legislation; MPs vote usually depending on their respective party’s views, which can often not be their personal views.
As well as through the Whip system, political parties influence legislation through their manifestos. A manifesto is a series of policies that a party promises the electorate to enact if they were voted into power. If the party gets into power, it is expected to deliver on these promises. In this way, manifestos are an important part of the legislative process as they form the foundation of the Government’s policies, influencing what the Government’s legislation should be focusing on. However, Governments often do not deliver on many of their pledges. For example, in the 2001 Labour party manifesto, they declared that they will not introduce top-up fees for University students, even though they did introduce them after the election. As stated before, MPs are expected to follow their party’s manifesto even though it may conflict with their own personal views. This raises the point that after a General Election, the party in power, since they have no risk of leaving office, may often introduce legislation that the public may not agree with, but since they have already been voted into power, the public cannot influence their decisions. Or can they?
Influence of Pressure Groups on legislation
A pressure group is a group of, usually, ordinary people who wish to influence the legislative process or get their views on certain matters to the Government. Their methods are many and varied, but generally they generate support for their cause and often write petitions, publish propaganda and advertisement, write to their MPs and the Government, and lobby Parliament. Some will also threaten to vote collectively for those parties that support their ideals, thus, those parties who do not support the group will not get their votes. These various methods can have different effects, depending on the size and influence of the pressure group in question. This shows the relationship between pressure groups and MPs; pressure groups attempt to persuade MPs to bring up their particular matter in Parliament. However, as we have seen MPs are supposed to follow their Party policies laid out in their manifesto, and so if the ideals of a pressure group clash with those of their party, an MP will rarely go against their party.
In terms of influence, there are two categories of Pressure group, and these are insider pressure groups, and outsider pressure groups. Insider pressure groups are those with good links with MPs and the Government, and are actually seen as “official” groups by the Government. Examples of these insider groups would be trade unions, such as the National Union of Teachers (NUT). These groups are often included in meetings with civil servants and ministers, and are consulted during the Green/White paper process, since they will have the necessary expertise in their respective field. This consultation process is important because it means that the Government is not making ‘knee-jerk’ laws that are not properly worded or are based on incorrect information, such as the Dangerous Dogs Act 1991. In this way, MPs and Pressure groups have a significant relationship in the formation of legislation, as they will often discuss and hold meetings on the subject the pressure group is dedicated to, and they are also consulted when the MPs are proposing new legislation, and so are a vital part of the legislative process.
The same can usually not be said about outsider pressure groups. These groups are not usually consulted with by the Government, and are generally not seen as legitimate, official, or really vital to the legislative process. However, these groups do have ways in which they can influence legislation. Some outsider groups will collaborate with opposition parties or MPs on certain topics, and so if their patrons come into power, these groups will essentially gain ‘insider status’. An example of this sort of group is ‘Unlock Democracy’, a group that works closely with several parties and MPs to reform the Parliamentary process. In fact, one of their allies, Nick Hurd, a conservative MP, has introduced the Sustainable Communities Bill, a private member’s bill, and he is currently receiving great support from Unlock Democracy and other MPs. This shows a clear relationship between political parties, MPs, and pressure groups.
Other pressure groups work completely outside the political system, and are often completely opposed to it. An example of this would be an anti-war campaign group, of which there are many. One of their main methods would be to hold rallies outside Parliament and create petitions. ‘Avaaz.org’ is a popular pressure group that campaigns for numerous ideals throughout the world. One of their most recent campaigns was for the UK and other countries to place sanctions on the Burmese Junta regime and to support the protestors in that country. An unprecedented number of people signed the petition, and it was handed to the Prime Minister Gordon Brown by Burmese monks and other supporters. This is clear evidence of outsider pressure groups actually having an influence on Government policy and legislation, as Gordon Brown recently placed economic sanctions on Burma as a clear result of the Avaaz.org petition.
Relationship between the three factions
As we have seen, MPs, political parties and pressure groups each have a large influence on legislation. However, what is the real relationship between the three, and is this relationship fair and democratic?
Essentially, the foundations of this legislative process are the Members of Parliament. They are the ones who draft, propose and debate upon legislation, as seen in the various methods above. However, if all the legislative decisions were left to MPs, then the process would be unfair and would in fact resemble a totalitarian regime. So, political parties exert some control over and have a distinct relationship with, Parliament and the legislative process. MPs, when making or voting upon legislation, are expected, and usually do, follow their party’s policy. This way, you don’t get renegade MPs going against their party, or MPs forsaking their allegiances and voting against what the rest of the party believe in. However, this can be seen as a negative thing and detrimental to democracy because it means that MPs are shunned from stating their own personal beliefs, and are instead greatly encouraged to “toe-the-line”. This can be seen as undemocratic because it undermines the principle of freedom of speech. On the other hand, many MPs do in fact go against the party line; however, the consequences can often be removal from the party, unless they gain enough support from other MPs. Furthermore, political parties and their respective MPs have another important role, and that is to debate and discuss, with the Government and the rest of the House of Commons, about Government legislative policies. This makes the process fair and democratic because it means that the Government are not unchallenged in their policies-MPs are able to voice their opinions and perhaps persuade the Government to amend or scrap a proposed bill. However, ordinary people are not completely kept in the dark to this process. They can, and often do, form pressure groups, which are able to voice the opinions of specific sections of society to the decision-makers. Some pressure groups even become an intrinsic part of the legislative process, as they are consulted on proposed bills during the green/white paper process and their views must be considered before going ahead with new laws. Also, they can collaborate with MPs and political parties to gain support on a particular issue, such as the War in Iraq or local matters. Pressure groups can also lobby parliament and campaign outside of the Parliamentary process, and this can in fact effect the legislative system, as if the Government sees that there is enough serious public backing for a certain matter, then it would damage their reputation and their election chances by not conforming to the will of the people. However, the role of pressure groups is relatively small. Most of them do not have the support they need, and many of those that do gain support of MPs or political parties only do so to strengthen their own view in the media or to show that they are working with the people; not because they are firm believers in the group’s ideals. This is often the case with politics in the UK, or in any country; many things are done in regards to public ‘image’, rather than what would better the country. What the people believe they want may not in fact be the best solution, but to most politicians, the best policy is one that the people agree with, no matter how detrimental it may be to society; hence the massive use of media and spin doctors to constantly improve MP’s and political parties’ images.
Conclusion
Overall, there is a distinct relationship between MPs, political parties, and pressure groups in the creation of legislation. They each play a key role in the formation of legislation; MPs suggest and debate upon legislation, at the behest of their political parties, while pressure groups state their views to their MPs and to the Government to ensure that the electorate’s views are taken into consideration. However, whether this relationship is truly fair or democratic is debatable. Many pressure groups that are not inside the Government channels (which is most of them) do not gain the support or do not have the influence that they should do, and MPs are often forced to ‘toe-the-line’, rather than follow their own judgment or the views of their constituency. The result of this is a system that appears to be democratic, but in fact is dominated by a minority. To improve this system, greater participation and representation for the people is required, to make the legislature more democratic and more accountable to the public.
Bibliography
Martin J., The English Legal System, Hodder and Arnold,2007
www.historylearningsite.co.uk
www.parliament.uk
www.unlockdemocracy.co.uk
www.wikipedia.org