The major responsibilities of Parliament in UK are to:

  1. Check and question the government’s functioning (scrutiny)
  2. Making and amending laws (legislation)
  3. Discuss the most pressing problems of the day (debating)
  4. Check and approve government expenditures (budgets/taxes)
  5. Provide Political Forum 
  6. Representation and Redress of Grievances
  7. Judicial functions

(1) Check and question the government’s functioning (scrutiny)

“Instead of the function of governing, for which it is radically unfit, the proper function of a representative assembly is to watch and control the government …” 

 Considerations on Representative Government (1861) by John Stuart Mills

Examining and challenging the government’s work is one of Parliament’s key responsibilities. Although the procedures differ, the House of Commons and the House of Lords use identical methods of scrutiny.

Questioning government ministers, debate, and investigations by committee are the main techniques. The government responds publicly in order to explain and justify its policies and decisions.

(a) Questions

MPs and Lords have the power to question government ministers either on the floor of the House or in writing at regular oral question times.

Since ministers are responsible to the parliament they must appear in Parliament to answer for their Departments’ actions.On a rota basis, ministers from each government department attend the Commons to answer oral questions. The Government and Opposition parties agree on a rota that assigns each major government department to a specific day of the week.

Members can question government ministers on their departments at this period, giving the opposition an opportunity to criticize government policy and raise matters where the government may be thought to have been negligent. It also leads to regular policy debates between the prime minister and the opposition leader. The public broadcast of these exchanges, first on radio in 1978 and later on television in 1989, has increased their importance.

The House of Lords questions government ministers at the opening of each day’s proceedings, but government departments have no scheduled days.

Every Wednesday from 12 p.m. to 12.30 p.m., the Prime Minister takes questions.

(b) Debates

MPs can discuss any subject during debates in the Commons, including the creation and amendment of laws, as well as national and international matters. Votes are frequently taken to determine whether a majority of Members accept or reject any proposed laws or legislation.

The Grand Committee Room, a secondary chamber of the House of Commons, is where debates take place. They allow MPs to address local or national issues and receive a response from a minister of the government.

In the House of Lords, general discussions are held once a week and short debates are held on most days (lasting one and a half hours). There are no votes in these kinds of debates. By scrutinising legislation, the Lords also check the government’s work.

(c) Investigation by Committees

The House of Commons and the House of Lords do a lot of their work in committees, which are made up of 10 to 50 MPs or Lords. Committees examine specific policy matters or legislation in greater depth. The roles of various committees vary, ranging from providing advice to producing reports and to amending legislation.

Departmental select committees exist in the House of Commons. These were created to “shadow” government departments, scrutinising their spending, administration, and policies.

Permanent and temporary committees exist in both Houses. Joint Select Committees bring together MPs and Lords. The government responds to the majority of committee reports.

(2) Making and amending laws (legislation)

Parliament is now virtually the only source of legislation, following the political settlement brought about by the “Glorious Revolution” of 1688. The principal, but extremely limited, exemption is prerogative legislation e.g. in regard of civil servants at Government Communication Headquarters (GCHQ).

Legislation or passing the laws is one of Parliament’s main responsibilities.  Most new laws and changes to existing laws are introduced by the government, with many featured in the Queen’s Speech at the start of each session of Parliament. New laws can originate from either an MP or a Lord.

Terrorism threats, pressure on the government to update old laws and case law in the courts interpreting, clarifying, and reapplying known principles of statute law are all factors that contribute to the necessity for new laws.

After undergoing various stages in both the house of parliament i.e. first reading, second reading, debates, committee stage and third reading a bill is becomes Act of parliament when assented to by the Crown. Due to constitutional convention, the British sovereign does not refuse to give Royal Assent to any bill passed by parliament. The Scottish Militia Bill of 1707, which was vetoed by Queen Anne, , was the last bill to be rejected by a monarch. Furthermore, Acts of Parliament are not subject to judicial review.

However, the power of Parliament might be exaggerated. In truth, Parliament is mainly a reactionary body to legislation proposed by the government. It doesn’t start its own legislative programme to reflect its own policies, and only a few Acts are passed that aren’t sponsored (i.e. put forth) by Government Ministers. British constitution is claimed to enshrine the concept of Parliamentary Government. This does not imply that Parliament governs, but rather that the government must work through parliament.

(3) Discuss the most pressing problems of the day (debating)

Members of Parliament debate government policy, proposed new laws, and current issues in both Houses of Parliament.

Why does Parliament have debates?

MPs and Lords have the opportunity to debate government policy, proposed new laws, and contemporary issues during debates. Members of the House of Lords can talk about matters brought to their attention by the public, and MPs can express their constituents’ concerns and interests.

Debates are held to help MPs and Lords make informed decisions on an issue. Votes are frequently held to end a debate, which may include passing or rejecting a proposed new law (legislation) or simply voicing one’s opinion on a matter .The decision is frequently stated in a vote (referred to as a ‘division’) that is either for or against. All debates are documented in the ‘Hansard,’ which is available online or in print.

(a) Debates in the Commons

MPs frequently interrupt each other’s statements to support or dispute what they are saying in Commons debates. Rather than reading out formal, set-piece speeches, MPs respond to the points made by other speakers in this dynamic style of debate.

However, debates are still governed by rules. MPs have the right to be heard without being drowned out by background noise, and they are not permitted to use unparliamentary language.

(b) Debates in the Lords

Many Members have extensive expertise in a variety of businesses, professions, and organisations, and they are able to put that experience to good use during public debates in the chamber.

The House of Lords is self-regulating. As a result, there may be more flexibility in examining a subject for longer periods of time than in the Commons.

(4) Check and Approve Government Expenditures (budgets/taxes)

To meet its spending priorities and fund important public services such as schools, the NHS, and the armed forces, the government needs raise money through taxation. Individuals or corporations may be subject to taxes or be added to the price of the goods and services we purchase (VAT).

Parliament scrutinizes, on behalf of the British people, the Government’s tax and spending programmes, attempting to ensure that public funds are spent fairly and efficiently. Without Parliament’s approval, the government cannot levy new taxes or spend public funds.

(a) Scrutiny of Taxation by Select Committee

The Treasury Select Committee of the House of Commons is a bipartisan group of MPs tasked with scrutinising the Treasury’s functioning. The Treasury Committee investigates the Government’s plans after each Budget announcement, gathering evidence from expert witnesses and releasing a report with its findings and recommendations.

The Government is required to answer to the Committee and resolve any concerns raised. Often, they will include a contribution from the Office of Budget Responsibility (OBR).

(b) Scrutiny by Departmental Select Committee

A select committee of MPs in the House of Commons examines the work of each department of the government. One of their primary responsibilities is to review the department’s annual budget plans and identify any areas of concern.

Departmental select committees can interview officials and ministers to see if public money is being spent properly, ensuring that it not only achieves the targeted results but also does so in the most cost-effective manner possible.

(c) Scrutiny by Public Accounts Committee

The Public Accounts Committee monitors government spending across the board, with a particular focus on assuring taxpayer value for money. They have the authority to investigate the efficiency of any government department and collaborate closely with the National Audit Office, which assists them in this effort.

The PAC also investigates any overspending by government departments at the end of the fiscal year, as well as the justifications presented by officials. Before the House can authorise the excess spending (Excess Vote) retrospectively by passing a Consolidated Fund (Appropriation) Act, the committee must report its findings to the House.

(5) Provides Political Forum

Parliament is a political forum to exchange the views and ideas between the government and opposition. The lower House of the Parliament, the House of Commons serves as the country’s primary political forum, which is the most general and pervasive function. In other words, it’s a convenient venue for the government and opposition to exchange ideas.

In practice, this idea of a political forum is expanded upon in that, following a General Election, the choice of Government is a matter for the Commons in the sense that:

 – the leader of the party with the most MPs (although not necessarily the most votes) is expected to become Prime Minister.

– and the Prime Minister selects the political heads of the government (the Cabinet and Ministers) from among the current Commons Members (though there are also about 25 out of about 120 chosen from the House of Lords).

(6) Representation and Redress of Grievances

The lower house of the Parliament, the House of Commons’ ultimate responsibility is to redress specific grievances. All MPs, even the Prime Minister, are elected by a single constituency (district) in which they serve as the sole representative and link to Parliament. As a result, they are regarded as representing constituency interests and responsibilities. In other words, they pose questions or engage in debate about issues affecting their area and constituents. Meetings in the constituency, as well as letters to and discussions with Ministers or civil servants, are frequently used to carry out this work informally and behind the scenes. In 1986, MPs received an estimated 6 million letters, 3 million from constituents, 90 percent of which dealt with individual personal concerns such as council housing, welfare benefits, and so on. With an annual input of over 40,000 letters and an output of around 30,000, this task is both a significant component of the workload and a useful source of information. Its political impact may be small, but it is significant on a local level.

Private legislation, or legislation supported by private individuals or companies, is another aspect of grievance redress. This is becoming less common, however private company legislation, such as the British Railways Act 1968, continues. Local legislation, such as the West Yorkshire Act 1980, is similar in that it is sponsored by local governments and applies only to their own jurisdiction.

Finally, the Commons fulfils this responsibility by receiving public petitions, which are then forwarded to the relevant Minister, who is supposed to print an answer or, if necessary, debate them (see Standing Orders 132-136). The petition is becoming a more popular technique of bringing a political problem to the attention of the public. It’s also a technique of allowing the electorate to participate in Parliament’s business in a limited degree.

A Lords member may present a petition to the House of Lords, reading out who the petition is from and what action the petitioner(s) would want the House to take.

Petitions to the House of Lords are unusual, and most do not result in a debate or other action in the House. Only members of the House of Lords have the authority to present petitions, but they are not obliged to do so. If you want to initiate a petition to the House of Lords, you should first contact a member of the House of Lords to see if they would be prepared to bring your petition to it.

(7) Judicial Functions

Whilst the United Kingdom’s House of Lords is the upper body of Parliament and has government ministers, it has had a judicial function for centuries. In the United Kingdom and prior to that, the Kingdom of England, it served as a court of first instance for trials of peer, impeachments, and as a court of last resort.

Appeals were basically made to the Queen-in-Parliament, rather than the House of Lords. The Appellate Jurisdiction Act of 1876 gave the House’s appellate powers to an Appellate Committee made up of Lords of Appeal in Ordinary (informally referred to as Law Lords). The Lord Chancellor would appoint them in the same manner as other judges.

For a legislative body that is part of Parliament, this was an unusual role. Most other democracies have a separate judiciary from the legislature, which is usually in the form of a supreme court of appeals. The reasons are historical: as part of the High Court of Parliament, The House of Lords’ judicial role has evolved over 600 years, beginning with the work of the royal court, the “Curia Regis,” which advised the sovereign, made laws, and dispensed justice at the highest level. The House of Commons was once a part of Parliament’s High Court, but it hasn’t done any judicial work since 1399. Only highly qualified professional judges nominated as Law Lords participated in the House’s judicial duties.

However, the Constitutional Reform Act 2005 which came into effect in 2009 establishedthe Supreme Court of the United Kingdom as the new court of final appeal in the United Kingdom, with the Law Lords appointed as Supreme Court Justices and were, therefore, barred from sitting or voting in the House of Lords until they resigned as judges. All new Supreme Court Justices appointed after October 2009 are selected directly by an independent Judicial Appointments Commission.

The reforms were urged by the concerns that the historical combination of legislative, judicial, and executive power might not comply with Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer with legislative or executive power is unlikely to be considered sufficiently impartial to provide a fair trial.

References

www.parliament.uk

www.britannica.com

www.lordslibrary.parliament.uk

www. petition.parliament.uk

Ken Coghill, Peter Holland and Abel Kinyondo, The functions of Parliament: reality challenges tradition, Australasian Parliamentary Review, Spring 2012

House of Lords: Briefing; Judicial Work

www.supremecourt.uk

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