A bouncy house? UK select committee newsworthiness, 2005–18

ABSTRACT

Traditionally, legislative committees have been regarded as quite unimportant in the UK. Some scholars contend that recent reforms have substantially increased the powers of select committees, rendering them genuinely important to policy and the scrutiny of government; others see little sign of change. We examine House of Commons select committees in regard to exactly one indicator of significance, their newspaper coverage. We detect significant gains in salience of some committees, as compared to the period just before the Wright reforms (2005–10). But committees vary dramatically in coverage levels and trends, and it is unclear if their newspaper profiles continue to grow.     

Legislation Under Review: An Assessment of Post-Legislative Scrutiny Recommendations in the UK Parliament

Post-legislative scrutiny allows Parliament to revisit legislation after it has been enacted to ensure that it is operating as intended. As most literature on the UK legislative process suggests that is not optimal, this is an important task that committees can undertake to ensure that any problems can be located and rectified. This paper reports the findings of a systematic study of the outcomes of post-legislative scrutiny in terms of the types of recommendations being made, whether they are being accepted by the government, and what factors impact upon the acceptance of those recommendations. It concludes that there is a bias in the legislation being selected to receive post-legislative scrutiny and that committees, on the whole, are producing weaker recommendations which are more likely to be accepted. Additionally, it concludes that the stronger the action that a recommendation calls for, the more likely it is to be rejected.     

Evidence-informed or value-based? exploring the scrutiny of legislation in the UK Parliament

This article argues that three types of factor – process, subject and political circumstance – are likely to affect the extent to which claims of evidence are made during legislative scrutiny. It draws upon case studies of the National Minimum Wage Act 1998, the Academies Act 2010 and the Welfare Reform and Work Act 2016, utilising interviews with those involved and information from Hansard. The article concludes that these cases highlight that while there might be potential benefits from a yet more robust legislative scrutiny process, including greater use of pre-legislative scrutiny and the ability of public bill committees to take evidence from a wider range of witnesses and on all bills, subject and political factors would be likely to mean that the use of claims of evidence would continue to vary widely.     

Integrating the view of the public into the formal legislative process: public reading stage in the UK House of Commons

Recent years have seen increasing calls to integrate the public's voice into the parliamentary process. This article examines the impact of public reading stage (PRS) on the UK Parliament's scrutiny of a bill. A new stage of the legislative process piloted by the House of Commons in February 2013, PRS invited the public to comment on a bill undergoing parliamentary scrutiny (the Children and Families Bill). The PRS was designed to encourage members of the public to participate in the scrutiny of legislation through a specially designed forum on parliament's website. Over 1000 comments were submitted. Drawing on a content analysis of the comments given by the public to the bill, complemented by interviews with members of parliament, key officials and PRS participants, it was found that although the public reading stage had an impressive response, it failed to make much of a tangible impact on the parliamentary scrutiny of the bill. This was largely due to the choice of bill being used for the pilot and its lack of appropriate integration into the formal legislative process.     

Regional parliaments questioning EU affairs

ABSTRACT

Since the Treaty of Lisbon, the desire of parliaments to adapt to their new powers has led to a new wave of Europeanisation. However, the early warning system (EWS) and the political dialogue with the Commission constitute only a small part of parliamentary scrutiny for regional parliaments, which still largely rely on traditional tools such as mandates, debates and questions. Therefore, this paper studies a traditional mechanism of scrutiny, parliamentary questions, in order to understand how they can be used in an EU context. The study shows that Europeanisation is progressing slowly. Interestingly, the vast majority of MPs who ask EU-related questions are not members of the European Affairs Committee. In addition, questions focus primarily on the implementation stage rather than the policy-making stage. Finally, the content of parliamentary questions shows that regional parliaments have a distinctive territorial approach to EU affairs.     

Mandating – a likely scrutiny instrument for regional parliaments in EU affairs?

ABSTRACT

Scrutinising governments lies at the heart of parliamentary activities in EU affairs. This applies to national as well as to regional parliaments, most of which possess a toolbox of scrutiny instruments, including the power to mandate, allowing for the strongest form of scrutiny vis-à-vis governments. The article investigates the existence of mandating tools in the 70 regional parliaments equipped with legislative competences in Austria, Belgium, Germany, Italy, Spain and the UK, whose role in EU affairs has been strengthened by stipulations in the Lisbon Treaty. It is argued that mandating tools are, first, not widely used; second, they are more commonly applied in cases where national parliaments act as ‘policy shapers’ – enabling policy transfer – and if meso-level factors involving territorial politics create further incentives. In sum, the regional parliaments in six member states are still trying to find a place in the maturing EU multi-level parliamentary system.     

The Investigative Study Role of Canada's House Committees: Expectations Met?

Canada's House of Commons committee system, established to enhance the effectiveness of parliament, has operated in approximately its present form since 1986. However, information about what it accomplishes remains limited. This article focuses on the investigative/policy studies of committees. A questionnaire given to former cabinet ministers and analysis of previously unexplored committee data support the view that these studies have achieved a modest influence on governments, well short of expectations held in the mid-1980s. Furthermore, their influence is as a source of political intelligence more than the collaborative policy work and technical expertise given central importance by creators of the system. This supports scepticism about the influence achieved by the all-party agreement that continues to be reflected in about 70 per cent of committee reports, and may also be reflected in the written responses to committee reports by governments, an estimated 50 per cent of which are ambiguous. Nevertheless, the original vision reflected in the committees persists among many Canadian advocates of parliamentary reform.     

Use of ‘Dear Colleague’ Letters in the US House of Representatives: A Study of Internal Communications

‘Dear colleague’ letters – formal, written, member-to-member correspondence – provide a unique window into internal communications in the US House of Representatives. In general, studies of congressional political communications tend to focus on external messaging by members (candidates) to their constituents (voters) through a focus on electoral or constituent communication. Yet these studies may or may not tell us why members choose to engage in internal communication. To address this gap, this paper draws on the literature and presents new hypotheses about factors that increase a member's likelihood of using dear colleague letters. Using House dear colleague letter data from the first session of the 111th Congress (2009), a negative binomial regression tests the importance of seniority, electoral vulnerability, leadership status, and majority party status for dear colleague letter senders. The analysis demonstrates that rank-and-file majority party members who are electorally ‘safe’ are more likely to use the dear colleague system.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

Keeping national parliaments informed: The problem of European legislation

Since Maastricht there has been a growing realisation in the institutions of the European Union, that the unfettered flow of information is vital to the health of the whole European project. Some moves have been made towards more transparent decision‐making, but progress has been slow and is limited by a culture which values confidentiality, particularly in intergovernmental negotiations. The free flow of information is especially important to national parliaments if they are to exercise any influence in the EU. The House of Commons Select Committee on European Legislation has recently pronounced the scrutiny system to be ‘in deep crisis’ because of chaotic decision‐making and a disregard for the rights of national parliaments. Many Westminster MPs feel frustrated by the difficulty of keeping track of EU legislation. The paper suggests that the ingredients of an improved information system already exist. A wealth of current information can be derived from EU‐related electronic databases and through direct links between the European Parliament and national parliaments. It proposes that a new current awareness service for the House of Commons, distributed via the parliamentary network and as hard copy, could focus information for MPs in a much more accessible way.     

Due North? Do American Theories of Legislative Committees Apply to Canada?

Several theories of legislative organisation have been proposed to explain committee selection in American legislatures, but do these theories travel outside the United States? This paper tests whether these theories apply to data from the Canadian House of Commons. It was found that the distributive and partisan models of legislative organisation explain committee composition in Canada. In many cases, committees in the House of Commons are made up of preference outliers. As predicted by partisan models, it was also found that the governing party stacks committees with its members, but this is conditional upon the strength of the governing party.     

The House of Lords and homeless people's rights

For the past 20 years, there has been legislation enshrining certain rights for homeless people. This essay is an assessment of the judiciary's role towards homeless people as far as it applies to the most senior court, the House of Lords. It describes the nature of those issues where the House of Lords have had the opportunity to discuss the operation of the homeless persons legislation. It also seeks to explore the reasons why the approach taken has been restrictive. The House of Lords has played an important part in interpreting the homeless rights legislation. The restrictive role of their Lordships is contrasted with other areas where the court has taken rather more generous perspectives on the rights of vulnerable people. It canvasses the various reasons why this should have occurred and notes that limited assistance can be gleaned from traditional approaches to this judicial task. It suggests that the concept of differential politicization throws useful light on the process.     

Tacticians,Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice

At Westminster, there are increasing pressures on select committees to publish in‐house legal advice. We suggest that examining the process of deciding to publish provides useful insights into the provision, reception, and use of legal advice, and the dynamics of select committees generally. We argue that the autonomy of select committees to decide what use they make of evidence and advice they receive is, in practice, constrained by the intra‐institutional dynamics and practices of select committees. Committee actors – parliamentarians, clerks, and parliamentary lawyers – each have overlapping, sometimes competing, roles. Most of the time, these roles and the responsibilities they encompass coincide, but the prospect of publication reveals clear tensions between the different actors. This is the politics of publication: the tactical approach of politicians is in tension with the stewardship of clerks and the professional norms of parliamentary lawyers. We suggest this tension will only increase in the near future.     

Conclusion: prospects for analysing committees in comparative perspective

ABSTRACT

While theories of committees in the U.S. Congress can continue to play a central role in the still-growing comparative study of committees, they require careful, frequent modification. Moreover, more fruitful study of committees may require a wider framework, recognising more fully that committees are institutions embedded in wider social structures.     

EDITORIAL

Abstract

Jane Addams (1860-1935), founder of Hull House in Chicago, was a social worker, sociologist, criminologist, feminist, and pacifist. She dedicated her life to caring for the underprivileged and oppressed and to fighting for the rights of workers, women, and children. This paper examines her life and seeks to demonstrate her many contributions to sociology, criminology, and society. Among her pioneer works in criminology that have not been recognized are the ecological maps of Chicago that preceded Park's and Burgess' concentric zone theory, social justice issues such as child labor, compulsory education, and juvenile offenders. She also was a peace activist during World War I and many of her ideas and concepts are found in the peacemaking writings of current criminologists.     

Black Political Representation: An Examination of Legislative Activity Within U.S. House Committees

How minority legislators influence policy development in Congress remains a relevant question for those interested in race and political representation. This article addresses this question using evidence from participation in committee work—a vantage point that has received minimal attention in scholarship on black political representation. I interpret racial differences in participation in House committees across a range of policy areas, demonstrating that black members participate at higher rates within committees than whites on both black interest and nonracial bills. The results suggest that race has a substantive effect on members' policy priorities and their legislative activity within committees.     

Pre-Appointment Scrutiny Hearings in the British House of Commons: All Bark,or Some Bite?

In 2007 British Prime Minister Gordon Brown agreed that House of Commons committees should start holding pre-appointment hearings for key public appointments. This was initially welcomed by MPs, who viewed it as an important step towards limiting executive power and strengthening the role of parliament. However, following the appointment of the Children's Commissioner against the advice of the relevant select committee, many MPs became disillusioned with the hearings. Based on extensive interviews with those involved in the appointments process, this article argues that while committees may lack formal veto power over appointments, they do have considerable influence. Most candidates said they would not have taken up their appointment against the advice of the select committee. So pre-appointment hearings should not be dismissed as pointless, but rather seen as an important mechanism through which committees can exert influence over public appointments. This tells us two important things about the powers of legislatures. First, it confirms that legislative influence is far more subtle than the simple exercise of veto powers, as scholars have long noted. But second, it also demonstrates that even the most central actors in the process (the MPs) may not appreciate this fact.     

To have a voice in the matter: A comparative study of the Swedish and Danish European committees

This article deals with the issue of how the national parliaments might be strengthened in order to decrease the democratic deficit within the EU. It examines the parliamentary European committees in the Danish and Swedish Parliaments and concludes that their potential to influence and control their respective governments’ EU policies mainly depends on the Government's parliamentary base and opportunities for legislative influence open to parliamentary oppositions. Moreover, it examines various organisational aspects of the European committees, including distribution of tasks and internal co‐ordination within the Parliament, at what stage in the decision‐making process the European Committee and the Parliament are involved and information management. With some conspicuous exceptions, Denmark and Sweden have chosen the same organisational arrangements for dealing with EU affairs both in the Parliament as a whole and, specifically, in the European committees. The principal conclusion is that the European committees in Sweden and Denmark are effective means for giving the national parliaments a voice in EU matters, but the article also addresses some reforms to strengthen their positions.     

‘From weird to wired’: MPs,the internet and representative politics in the UK

On 14 May 2002, the House of Commons voted on proposals put forward by the Modernisation Select Committee for reform of the departmental select committee system. This article examines the origins of those proposals, and the outcome of the vote, focusing on one particular proposal to create a Committee of Nomination to place MPs onto select committees. This raises questions regarding two competing academic approaches to explaining parliamentary reform, the ‘attitudinal’ approach and the ‘contextual’ approach, and concludes that, of the two, the ‘contextual’ approach is better placed to explain the failure to create a Committee of Nomination.     

A Bilingual Legislature? Question Period in Canada's House of Commons

One of the goals of Canada's official bilingualism policies is to promote the equality of French and English in Canada's federal institutions. The most visible federal institution is the House of Commons, and the activity that attracts the most consistent media coverage is Question Period. This article examines the evolution of the use of French and English during Question Period in the House of Commons over time by examining a random sample of debates from the 24th (1958–62) to the 39th (2006–8) parliaments. This article finds that the use of French in the House of Commons has increased over time and discusses several possible explanations. In addition, this article tests the hypothesis that there exists an informal norm in the House of Commons which holds that responses to questions should be in the same language in which the question was asked.