Parliamentary Scrutiny
House Of Commons Standing Orders provide for addressing questions to Ministers. Question time is provided for three days per week for approximately one hour. Ministers of the Government answer questions put by Members of Parliament. The questions are provided in the order of business.
Ministers answer questions, and supplementary questions may be put, approximately 20 questions per day are put and answered. The principal questions are given prior notice and will generally require a formal response from the Department. Supplementary questions are without notice.
Questions may be answered orally or in writing, requiring oral or written answers. The majority of questions and answers are written and published in the official report of the House. There are limits to the extent to which each member may put questions.
Three days’ notice is required for questions. There are limitations on the number of questions that may be put by a Member per day.
Practices have emerged where questions are often the subject of written answers.
Prime Minister’s question time is for 30 minutes on a Wednesday. Numerous questions may appear on order papers, and two supplementary questions are allowed.
The question posed may be formal, with a supplementary question representing the real question.
Prime Minister’s questions should relate to matters within the Prime Minister’s control and responsibility, rather than that of another department. The Prime Minister will generally refer to general Government policy, international or foreign affairs, European or international affairs.
The Leader of the opposition does not table questions or may ask up to six questions on any aspect of government policy. This allows for direct confrontation between the Leader of the Opposition and the Prime Minister.
There are conventions and rules regarding question subjects. Certain subjects are excluded, including defense and national security, cabinet business, legal advice, advice to the sovereign, certain key high-level appointments, and internal affairs of other countries, local authorities, national industries, and criticism of the judiciary.
The adjournment debate at the end of each day in Parliament allows backbenchers to initiate a short debate on any matter. A member’s ballot may be run by the Speaker, and members may speak for up to 15 minutes, with the Minister having 15 minutes to reply.
Select Committees of the House of Commons investigate and report on matters within their area. Joint committees of the House of Commons and House of Lords exist, dealing with specific areas and topics, especially in legislation in the areas concerned.
Joint committees include the Joint Committee on Human Rights and the Joint Committee on Statutory Instruments.
A number of domestic house committees deal with matters affecting the House of Parliament. These include the Public Accounts Committee, the Public Administration Committee, the Committee on Standards and Privileges, and the European Scrutiny Committee.
Departmental select committees review the functions of particular departments, dealing with specific departments. They may obtain powers and papers, records, and witnesses. Select Committees generally have 11 members.
They may examine matters relating to the scope and work of a particular department.
Select Committees are appointed for the duration of the Parliament and will generally have an expertise or interest in the matter concerned. They are generally backbenchers. Members of Select Committees are chosen by their political parties using a secret ballot.
The Committee chairs are elected by MPs, with the principal Select Committee chairs being elected by MPs.
The chairmanships of the Select Committees are shared between government and opposition. The chairperson should be independent and impartial. The Committees seek to proceed by way of consensus with a view to producing a single report to Parliament.
Witnesses before committees must answer questions under oath. Reports may be debated by the House, although not necessarily. The reports are published in the public press.
The Parliament has a key role in relation to the control of public finance. The convocation of Parliament from the earliest time was undertaken for the purpose of raising the financial needs of the Crown. This reflects the ancient principle that, the long-standing principle of representation and taxation, with taxation being justified by the consent of the elected members. The raising of money without Parliament’s consent is unlawful under the Bill of Rights.
Proposals for taxation and expenditure must be approved by Parliament. Charges must be approved and embodied in legislation, originating in the House but approved in both Houses.
All revenue is credited to the Exchequer account as a consolidated fund, and withdrawals must be authorized by law. The Consolidated Fund Acts provide for approximately 1/3 of expenditure, authorized on an ongoing recurrent basis. Other expenditures require specific approval of Parliament. The permanent charge includes interest on the national debt.
Two-thirds of expenditure is for supply services, which deal with the financial requirements of government departments. Governments must prepare estimates and place them before the House for approval by way of resolution. Ultimately, approvals are reflected in the Consolidated Fund Bill and Act and the Appropriation Act. Money is appropriated for specific approved purposes and is available only for use for that purpose.
Government departments prepare estimates, and after parliamentary approval, the Appropriation Act authorizes withdrawals from the Exchequer Fund. The Consolidated Fund and Appropriation Bill are approved without amendment or debate, generally limited to those selected by estimates and to which the Select Committee has inquired. Very little detailed scrutiny is possible, and control is exercised through the Public Accounts Committee and general public policy.
The budget is an annual projection of expenditure, taxation, and expenditure for the forthcoming year, together with plans for the following three years. After the budget is read to the House by the Chancellor, Ways and Means resolutions are proposed and passed within the following week.
Subsequently, a Finance Bill is introduced to give effect within a number of weeks. It is referred to a Committee of the House and a Standing Committee.
The Finance Bill amends taxation law annually, and the Provisional Collection of Taxes Act 1939 allows Parliament to resolutions as if comprised in Acts of Parliament.
Taxation must be imposed by Parliament or authorized clearly by statute. The Finance Act may contain a Money Bill, frequently containing broader provisions.
The Public Accounts Committee establishes and examines the accounts related to the appropriation of sums granted by Parliament for public expenditure and such other accounts as the Committee may think fit. It is nonpartisan, and by convention, its chairman is a member of the opposition. Powers entail the attendance of witnesses for documents and records.
It holds meetings in public, with one day per session in Parliament dedicated to it, paid on the report of the Public Accounts Committee.
The Comptroller and Auditor General is appointed by the Crown but serves the House of Commons. He is independent in his functions and may only be removed by both Houses for particular reasons. The office has its independent staff who report to the National Audit Office.
The Comptroller and Auditor General audits and certifies the accounts of government departments and certain bodies. Local authorities and certain public bodies are not covered by it.