Westminster Parliament Research Articles

Parliament for the People? Public Knowledge, Interest and Perceptions of the Westminster Parliament

There is a growing amount of evidence to support the contention that Britons are becoming increasingly disengaged from established politics. However, there has been little research about how the most traditional body of all-Parliament-fits into this picture of disenchantment. This article presents the key findings of Hansard Society commissioned polls as they relate to Parliament. They reveal very low levels of knowledge about Parliament but also suggest that roughly half of the population claims to have an interest in and a high regard for the institution-even if they do not think that it currently lives up to their ideals.

Continuity and change: the culture of ritual and procession in the parliaments of Scotland

SUMMARY Since Tony Blair came to power in the United Kingdom in his landslide victory of 1997 with an election promise to create a devolved parliament in Edinburgh, a debate began about how this new legislature should carry out its business in relation to Westminster and other European parliaments of like size and like authority. Traditionalists have argued for a strong link with the old parliament, while modernists have emphasized the absurdity of such earnestness at the turn of the millennium. Ritual is an important battleground for this debate and the state openings of the new parliament offer an opportunity to balance traditionalism against modernity. In the modern age these registers must be carried out before wide media scrutiny that sometimes limits and sometimes expands ceremonial ambition. This article examines the continuities and changes between the rituals evident in the old pre-1707 Scottish Parliament and the new parliament established from 1999. Research has been carried out on the contrasting formalities of the old and new parliaments in the context of 1999 but since then other state openings in 2003 and 2007, along with the opening of the new Holyrood Parliament building in 2004, have provided additional opportunities for ritual to be expressed and modified. Over a period of less than ten years Scotland's Parliament, people and media have had to wrestle with how it should present to the world the image of its legislature. By 2007 the diverse demands of community participation and state occasion have caused the Members of Parliament, the royal household and civil servants to reshape the opening ceremony and its processional ‘riding of parliament’. It is not clear if a new tradition has been firmly established and Scotland's parliament may once again have cause to look back to the future.

Gender and the Nuclear Weapons State: A Feminist Critique of the UK Government's White Paper on Trident

This article enquires into the connections between gender and discourses of the nuclear weapons state. Specifically, we develop an analysis of the ways in which gender operates in the White Paper published by the UK government in 2006 on its plans to renew Trident nuclear weapons (given the go-ahead by the Westminster Parliament in March 2007). We argue that the White Paper mobilizes masculine-coded language and symbols in several ways: firstly, in its mobilization of techno-strategic rationality and axioms; secondly, in its assumptions about security; and, thirdly, in its assumptions about the state as actor. Taken together, these function to construct a masculinized identity for the British nuclear state as a “responsible steward.” However, this identity is one that is not yet securely fixed and that, indeed, contains serious internal tensions that opponents of Trident (and of the nuclear state more generally) should be able to exploit.

Being Explicit about Culture: Māori, Neoliberalism, and the New Zealand Parliament

ABSTRACT In this article, I explore how people use the culture concept in legislatures to understand the minorities they legislate for and about. I focus on recent debates in the New Zealand parliament over whether the indigenous Māori are a cultural group or a racial group. A Westminster parliament system encourages these debates, in which political parties argue that Māori are either cultural or racial but not both. For the ruling Labour Party and its allies, Māori are cultural; for their opposition, the National Party and its allies, Māori are a racial group. This division is possible only because of the legislators’ neoliberal assumptions about identity categories. To complicate these political divisions, Māori MPs currently belong to political parties from all parts of the political spectrum, and their effectiveness as culture bearers in a parliamentary context can disrupt the terms of this debate.

E-Petitions at Westminster: the Way Forward for Democracy?

The Westminster Parliament has been prompted to develop an e-Petitions system in light of the fact that similar tools are now well established in the Scottish Parliament and Welsh Assembly. The Number Ten e-Petitions site, too, has proved inspirational although discussions within Westminster about the development of a comparable system have focused on the risks associated with it. This paper describes the momentum towards a Westminster-based e-Petitions system, highlighting the dilemmas that have emerged during discussions about the form it should take: should Westminster try to replicate the popular style of the Number Ten website and risk inundation with Parliamentary graffiti? Or would it be better to develop a system that ties in with Parliamentary processes—and do these processes themselves need to change? We discuss the move towards e-Petitions in the context of broader debates about e-Democracy and its role in revitalising political engagement.

Educating Parliamentarians about Intelligence: The Role of the British Intelligence and Security Committee

In the wake of 9/11, the war in Iraq and the terrorist attacks in London, the Westminster parliament has become increasingly involved in the scrutiny of legislation and policy related to the use of intelligence. Yet until recently parliamentary scrutiny of intelligence in the UK was limited and uninformed. The creation of a parliamentary intelligence oversight committee in 1994 for the first time allowed for parliamentary scrutiny of the intelligence agencies. This article aims to assess whether parliament has begun to understand about intelligence since the establishment of the Intelligence and Security Committee (ISC). It considers whether parliament and parliamentary committees in particular have a role to play in allowing parliamentarians to develop expertise in particular policy areas, and then questions whether the ISC has, through its membership and its published output, served to generate a wider parliamentary understanding of intelligence.

Rubber Stamp or Cockpit? The Impact of Parliament on Government Legislation

Arguably the Westminster Parliament's prime function—and its best known—is to make law. More accurately, it is to scrutinise and approve bills put forward by the government, which is almost always able to command a majority in the House Commons. Taken together with the conventional dominance of the Commons over the House of Lords, Parliament usually passes the government's legislation. To some, this relationship is the inevitable and correct method by which the government exercises its mandate; to others it is indicative that Parliament is simply a rubber stamp, a mechanism without clout or meaning. But even if Parliament usually enacts the government's bills, to what extent does it have an impact on their content? While a great deal of public attention is regularly given to the operation and effect of individual laws, there is less understanding of the detailed process by which policy ideas evolve into legislation.

The Constitution as Higher Law

The doctrine of parliamentary sovereignty appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are carefully circumscribed by their respective constitutions. Nevertheless, the nature of the British constitutional order is remarkably similar to that of the written constitution. This is because the doctrine of parliamentary sovereignty, contrary to Dicey's view, does not consist in a single dominant idea but in a number of related and mutually supporting principles. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. In the United Kingdom, as elsewhere, the proper subject matter of constitutional law is the higher law that makes possible the operation of legislative, executive and judicial institutions under a public order of rules.

Hung-up over Nothing? The Impact of a Hung Parliament on British Politics

In the past few years, there has been increasing speculation that the next UK general election will produce a Parliament in which no single party holds a majority of seats in the House of Commons. In common parlance, this is referred to as a ‘hung parliament’, although some prefer the expressions ‘balanced parliament’, ‘minority parliament’ or ‘No Overall Control’ (NOC).2 In the UK, it is relatively rare for the Westminster Parliament to be ‘hung’ following an election; however, the probability is increasing due to the growth of third parties and the way that the electoral system translates popular votes into Commons seats. At regular intervals throughout the past two years, opinion polls have regularly predicted that the next general election is likely to produce a hung parliament. Although they are common in other democracies, hung parliaments have traditionally been viewed in the UK as unwelcome aberrations that produce short-lived and ineffectual governments. In light of the increasing likelihood of a hung parliament, the Hansard Society believes the time is right to explore what impact it might have on British politics. As a non-partisan organisation, we are neither ‘for’ nor ‘against’ a hung parliament. We recognise that all parties seek to win any election they contest outright. However, as part of our promotion of effective parliamentary democracy, we believe it would be prudent to shed light on the issues that might arise in the event of a hung parliament. Our new book, No Overall Control?, contains chapters by distinguished academics, politicians and commentators on the key issues surrounding a House of Commons with no overall majority.3 It examines the history of hung parliaments in the UK, constitutional and procedural issues, lessons from other Westminster-style systems where majority governments are less common, and how a hung parliament affects the functioning of Parliament, the prospects for electoral reform and public opinion. This article provides an overview of some of the book's key findings.

Ten contentions of corporate manslaughter legislation: Public policy and the legal response to workplace accidents

Recent rail accidents in the UK have focussed public attention on the role that companies play in the causes of incidents and accidents. Partly in response, the Westminster parliament has published proposals to change the legislation on corporate manslaughter. Previous incidents have had a similar impact in other countries. For example, the 2006 mining accident in Sago, West Virginia has prompted calls to recognize the responsibility that executive officers share in creating the conditions in which adverse events are likely to occur. There are strong parallels between this accident and the 1992 Westray mining disaster, which motivated significant changes in the Canadian jurisdiction. Similarly, the Longford explosion in Victoria prompted further reviews in Australia. The following pages provide an overview of the issues surrounding legislation for corporate manslaughter. The review focuses on existing provisions in Canada and Australia as well as recent proposals in England, Wales and Scotland. It forms part of a wider comparative analysis that is intended to help the formation of public policy over the reform of corporate manslaughter legislation.

Implied Limitations on Legislative Power in the United Kingdom

The ban on fox-hunting in the United Kingdom provoked large protests and a number of legal challenges. The English Court of Appeal and the House of Lords, while upholding the validity of the Hunting Act 2004 (UK), added to the controversy by accepting that the courts could determine the validity of an Act of Parliament, contrary to the accepted principle of parliamentary supremacy, and that there were implied limitations on the power of the Westminster Parliament to enact laws under the Parliament Act 1911 (UK). For good measure, the courts added warnings about the use of the Parliament Act to push through undemocratic measures. This article examines the judgments and draws parallels with the position in Australia.

Parliament and Political Disengagement: Neither Waving nor Drowning

Concern about political disengagement is prevalent in British politics, and this article seeks to examine what the Westminster Parliament has been doing to address it. Recent reforms and recommendations from various parliamentary committees are examined, including increased use of the Internet to disseminate information about Parliament, the use of online consultation mechanisms, and the tentative extension of parliament's petitioning processes. The discussion is couched in the representative origins of Parliament, its adaptation to democratic politics and the extent to which its response to political disengagement is contextualised by its representational, rather than its democratic, role. The article addresses whether Parliament can approach these issues in a ‘holistic’ fashion, and as a ‘unified’ institution within the political system.

Lights, Camera, Inaction? The Media Reporting of Parliament

What has changed is the way Parliament is reported or rather not reported. Tell me how many maiden speeches are listened to; how many excellent second reading speeches or committee speeches are covered? Except when they generate major controversy, they aren't. THE Puttnam Commission report, Members Only? Parliament in the Public Eye, published by the Hansard Society in May 2005, examined how parliamentary democracy is communicated to the public.2 Its starting point was the belief that in a democracy, people have a right to understand what Parliament does and why it does it. Evidence suggests that we are a long way from Puttnam's ideal: 61% of the public say that they know ‘not very much’ or ‘nothing at all’ about the role of the Westminster Parliament.3 Westminster, the world of representative politics and Parliament, remain a closed book to many. One result, it seems, is a lack of engagement in the formal politics of the country, most notably low turnout at elections.

The De-Colonisation of the Australian States

While Australia's colonial links with the United Kingdom were largely terminated by the Imperial Conferences of the 1920s and the Statute of Westminster 1931, the Australian States remained 'self-governing colonial dependencies of the British Crown' until the Australia Acts 1986 came into force. The States deliberately retained their links with the United Kingdom as a counter-balance to Commonwealth power. They believed that the British Government was politically disinterested in State matters and acted merely as the formal channel of communication in State matters. This belief was proved to be incorrect in the 1970s when the British Government exercised independent discretion in relation to the appointment and removal of State Governors, State petitions to the Privy Council and reserved State Bills. The States were spurred on by this revelation to seek to terminate their residual links with the United Kingdom, but only if they could directly advise the Queen. This paper describes the struggle for the decolonisation of the Australian States. It then discusses two important issues that arise as a result of this process of decolonisation. The first is the fundamental question of with whom sovereignty lies in Australia now that the Westminster Parliament no longer exercises legislative sovereignty over Australia. The second issue is the effect of decolonisation on the status of the Queen in Australia. Is there only one Crown with respect to Australia, or is Her Majesty the Queen of each State?

Partnering Through Networks: Can Scotland Crack it?

Unlike the Westminster Parliament, the Scottish Parliament has shown little interest in marketoriented policies like foundation trusts, payment by results and practice‐based commissioning; rather, the emphasis has been on collectivism and partnership working. This article examines the growing interest in Scotland in ‘networks’, especially the idea of ‘managed care networks’ in respect of services for older people. It looks at different interpretations of the concept, the determinants of network effectiveness, and how networks might be operationalised and evaluated.

Northern Ireland Business in Parliament: The Impact of the Suspension of Devolution in 2002

ABSTRACTThe suspension of the Northern Ireland Assembly and Executive in 2002 meant the restoration to the Westminster Parliament of full responsibility for Northern Ireland matters. This article examines the impact that suspension has had on Westminster's handling of Northern Ireland business, especially following the short experience of devolution operating alongside devolution for Scotland and Wales. It focuses on the consequences of the suspension of devolution for the legislative process and the role of parliamentary committees and also examines the continuing impact of the parliamentary modernisation agenda. An assessment is made of the significance of the extent of changes that have occurred compared to the procedures that existed during direct rule prior to 1999.

The Tide in Favour of Equality: Same-Sex Marriage in Canada and England and Wales

The tide in favour of legal equality for gay and lesbian individuals and couples continues to roll forward on both sides of the Atlantic. In Canada, the federal Parliament recently passed legislation (the Civil Marriage Act) (CMA) that extends the legal capacity to marry for civil purposes to same-sex couples throughout the country. This change in the law was driven not by the executive and legislative branches of government but by the courts, interpreting and applying the Canadian Charter of Rights and Freedoms (the Charter). On the other side of the Atlantic, in England and Wales, the Westminster Parliament in 2004 passed legislation (the Civil Partnership Act) (CPA) that will enable same-sex couples to obtain legal recognition of their relationships, and to access most of the legal rights and responsibilities offered to married couples. However, unlike the Canadian legislation, civil marriages between same-sex couples will still not be legally recognized. This article considers whether the English courts will also facilitate the legal recognition of same-sex civil marriage, like their Canadian counterparts. The author concludes that, in light of recent case law, there is an increasingly strong argument that the opposite-sex marriage requirement in England and Wales violates Article 14 (the equality provision) of the European Convention on Human Rights (ECHR), which is incorporated into UK law by the Human Rights Act, 1998. However, the author also concludes that there are a number of reasons to be cautious that a positive result would flow, at this point, from a domestic court challenge to the opposite-sex marriage requirement.

Parliament, Elected Representatives and Technology 1997–2005—Good in Parts?

PARLIAMENT and elected representatives have often been accused of reacting slowly to the development of new media technologies. This article provides a brief assessment of the adaptation of the Westminster Parliament and parliamentarians to new technologies from the point of view of a political practitioner who served as a UK elected representative between 1997 and 2005. Whilst it is descriptive and personal, it provides an insider perspective on the impact of information communication technologies (ICTs) on political institutions. In particular, the analysis assesses some of the restraints and pressures on Parliament and Members of Parliament (MPs) which help explain the relatively slow response of political representatives. Information technology (IT) has had an important and growing impact on the work of elected representatives over recent years whether or not they see themselves as interested in ‘eDemocracy’. We can divide the use of ICTs into a number of functional categories.

Traditional aboriginal values in a Westminster parliament: The legislative assembly of Nunavut

This article examines the interplay of structure and culture in the Legislative Assembly of the newly established territory of Nunavut in Canada's eastern Arctic. This institution combines the Westminster cabinet-parliamentary system with traditional Inuit culture, many features of which are antithetical to British-style ‘responsible government’. The distinctive ‘consensus government’ system which characterises the Nunavut Legislative Assembly has important features consistent with Inuit values and approaches, for example, the absence of political parties. Based primarily on personal interviews with Members of the Assembly, the article considers whether Inuit culture has significantly recast the structures and the political imperatives inherent in the Westminster system or if the powerful values and constraints of that system have effectively overridden Inuit values. Perceptions and reflections of members serving in the First Assembly (1999–2004) suggest that while substantial adaptations to the conventional Westminster system have been made, these are indeed adaptations rather than fundamental alterations to the system.

VICTORIANS LIVE: AUSTRALIA'S VICTORIAN VESTIGES

ON 1 JANUARY 1901, at the beginning of a new century, the Commonwealth of Australia was proclaimed a political entity by the federation of six separate British colonies. Queen Victoria's formal assent to the necessary legislation of the Westminster Parliament was one of her last official acts; she died on 22 January. For all the tyranny of 20,000 kilometres distance, the impress of the monarch on her far-flung colony was evident. Two of the states of the Commonwealth, Victoria and Queensland, had been named for her. When the Port Phillip settlement separated from New South Wales in 1851, it became Victoria; in 1859, when the Moreton Bay settlement also hived off, its first governor announced “a fact which I know you will all hear with delight–Queensland, the name selected for this new Colony, was entirely the happy thought and inspiration of Her Majesty herself!” (Cilento and Lack 161)