Chapter 11 Self-test questions

What does the 'parliamentary decline thesis' stipulate?

Over time, MPs have become too loyal to party politics and only rarely subject the executive to proper scrutiny in practice.

Over time, the government has relied on measures such as delegated legislation and the use of Henry VIII powers, rather than Parliament, to legislate.

Over time, the number of MPs sitting in Parliament will shrink.

Over time, MPs have relied too much on the idea of a democratic mandate to be effective.

Which of the following are mechanisms by which parliamentary scrutiny is carried out? Select all that apply.

Parliamentary debates

Criminal investigations

Inquiries by select committees

Oral and written questions to Ministers

Which of the following statements accurately summarises why the United Kingdom's Parliament is considered an 'arena' legislature?

Parliament provides a forum where the theatre of politics is played out.

Parliament has real power over executive, and exercises it frequently.

Parliament can both respond to legislation introduced by the government as well as initiate legislation of its own.

Parliament and the government regularly clash, creating the impression of an arena.

Ministerial responsibility, as expressed through the Ministerial Code, is a wholly reactive notion – it will only be engaged once wrongdoing has come to light.

True

False

Ministerial resignations, the ultimate sanction under the convention of individual ministerial responsibility, most commonly occur as a result of parliamentary pressure.

True

False

Ministers have resigned, or have been forced to resign, when they have committed serious impropriety or politically embarrassing actions. Match each of the Ministers below to the reason for their resignation.

Forced to resign after misusing power and letting personal preferences cloud Ministerial duties: improperly sought a fast-track visa for personal reasons.

Resigned following allegations of sexual harassment.

Resigned following 'administrative chaos' involving deportations.

Resigned following revelations about improper use of Commons computer system and lying to cover this up.

Which of the following statements most accurately describes the position of the modern Civil Service and its relationship with ministerial responsibility?

The modern Civil Service is very large. Its members are directly accountable to Parliament, but in reality, civil servants are able to do more than simply implement policy, which raises problems for the notion of ministerial responsibility.

The modern Civil Service is very large. Its members are not directly accountable to Parliament but to the relevant Minister. In reality, however, civil servants are able to do more than simply implement ministerial policy, which raises problems for the notion of ministerial responsibility.

The modern Civil Service is very large. Its members are not directly accountable to Parliament but to the relevant Minister. Civil servants only ever put in place the policies of the Minister in charge and cannot delay or fail to implement it, so it makes perfect sense that ministers should be responsible for their actions.

The modern Civil Service is a small and efficient body. Its members are not directly accountable to Parliament but to the relevant Minister. Given the power civil servants have, it therefore seems strange that they are not directly accountable to Parliament.

Although useful in theory, Ministers can and do avoid answering written questions posed to them by recourse to the 'disproportionate cost threshold'.

True

False

What does Standing Order No 14 of the House of Commons say?

Government business should provide the 'exclusive' content of discussions in the Commons.

Government business should 'give way' to other matters in discussions in the Commons.

Government business should have an 'adequate airing' in discussions in the Commons.

Government business should have 'precedence' in discussions in the Commons.

Which of the following statements relating to select committees are true? Select all that apply.

Select committees can introduce legislation directly.

Select committees are often taken seriously by the government.

Select committees can present their findings during parliamentary 'primetime': just after ministerial questions.

Select committees can compel Ministers and other relevant individuals to attend and give evidence.

What are the 'three Es'? Select three answers.

Efficiency

Economy

Effectiveness

Equality

Which body has been described as the 'queen of the select committees' scrutinising government expenditure?

Public Accounts Committee (PAC)

Parliamentary Affairs Committee (PAC)

Public Assets Committee (PAC)

Parliamentary Affluence Council (PAC)

The PAC routinely examines the accounts of Government departments. In doing so, it will typically call upon a department's senior accounting officer, rather than the Minister in charge of that department, to give oral evidence.

True

False

Under the Freedom of Information Act, once a request for information has been made to a valid authority, that authority must respond within 20 days confirming whether or not it holds the requested information.

True

False

Whilst there is a presumption that information requested under the Freedom of Information Act will be provided, there are a number of requests which can be rejected absolutely ('class-based exemptions').

True

False

Under the FOIA, rejected information requests can be appealed to which independent body?

The Information Commissioner

The Ombudsman for Information Requests

The Information Regulatory Authority

There is no such body - appeals must be made directly to a judicial body.

The ministerial veto has been used sparingly by the government, but it has nonetheless been employed in order to prevent the release of certain high-profile pieces of information. Which of the following examples has the government successfully blocked the release of? Select all that apply.

Information in NHS 'risk registers' relating to the impact of proposed healthcare changes

The official inquiry into local authority decisions prior to the disaster at Grenfell tower

Information related to the Iraq war discussed in cabinet meetings

An official review of the HS2 project

In the case of Evans the use of the ministerial veto in Section 35 of the Freedom of Information Act was challenged. What did the majority of the court hold in that case?

Section 35 of the FOIA was phrased in wide enough terms so as to allow a minister to override a judicial decision, even if this is simply because he disagreed with it.

Section 35 of the FOIA could not be interpreted so as to allow a Minister to override the Information Commissioner simply because he disagreed with it. Parliament could not have intended that a member of the executive should be able to override a judicial decision without reason, especially given the impact this would have on the constitutional right to access to justice.

Whilst section 35 of the FOIA allowed a Minister to override the Information Commissioner for any reason, that override can only occur following an appeal to the Upper Tribunal, otherwise the constitutional right to access to justice would be infringed.

Section 35 of the FOIA is incompatible with Article 6 of the European Convention. In order to give effect to that right, that section must be 'read down' so as to prevent ministers overriding a judicial decision without reason.

The vast majority of powers used by the UK intelligence services are set out in a single statute.

True

False

The Intelligence and Security Committee is a Parliamentary Select Committee.

True

False

Following the changes made by the Justice and Security Act 2013, how are members of the ISC appointed?

They are appointed directly by the Prime Minister.

They are nominated by the Prime Minister, after consulting the leader of the Opposition, and approved by Parliament.

They are appointed by an independent body of national security experts.

They are nominated by the Prime Minister, after consulting with an independent body of national security experts, and approved by Parliament.

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