9.4.1 Role and Significance of Backbenchers and Parliamentary Privilege

The Role and Significance of Backbenchers in Both Houses

Overview

Backbenchers are Members of Parliament (MPs) or Lords who are not part of the government or opposition front benches (not ministers or shadow ministers). Their roles are crucial for representing constituents, scrutinising the government, and contributing to legislative processes.

1. Role of Backbenchers in the House of Commons

1.1. Representation:

• Constituency Work: Backbenchers represent the interests of their constituents, raising local issues and concerns in Parliament.

• Recent Example: MP Layla Moran (Liberal Democrat, Oxford West and Abingdon) championed local healthcare issues and campaigned for more funding for local services during the COVID-19 pandemic. 1.2. Scrutiny:

• Committees: Backbenchers often serve on select committees that scrutinise government policies, expenditures, and administration.

• Recent Example: The Public Accounts Committee, chaired by backbencher Meg Hillier (Labour), investigated the government's procurement of PPE during the COVID-19 pandemic, highlighting inefficiencies and areas for improvement. 1.3. Legislative Contributions:

• Private Members' Bills: Backbenchers can introduce Private Members' Bills, allowing them to propose legislation on issues of personal or constituency interest.

• Recent Example: The Domestic Abuse Act 2021 began as a Private Members' Bill introduced by Theresa May during her time as a backbencher, focusing on providing greater protections for victims of domestic violence. 1.4. Holding the Government to Account:

• Questions and Debates: Backbenchers question ministers during sessions such as Prime Minister's Questions (PMQs) and participate in debates, holding the government accountable for its actions.

• Recent Example: Conservative backbencher Steve Baker frequently questioned the government's COVID-19 restrictions, advocating for greater scrutiny and consideration of civil liberties.

2. Role of Backbenchers in the House of Lords

2.1. Expertise and Independent Judgement:

• Specialised Knowledge: Many backbench Lords bring expertise from various fields, contributing informed perspectives during debates and committee work.

• Recent Example: Lord Krebs, a crossbench peer with expertise in zoology, played a significant role in scrutinising the Environment Bill, particularly regarding scientific aspects of environmental policy. 2.2. Legislative Review:

• Amendments and Debates: Lords backbenchers propose amendments and participate in detailed debates to improve legislation.

• Recent Example: Baroness Finlay, a crossbench peer and palliative care expert, proposed significant amendments to the Health and Care Bill to ensure better end-of-life care provisions. 2.3. Committee Work:

• Select Committees: Backbenchers in the Lords contribute to committee work, offering detailed scrutiny of policies and government actions.

• Recent Example: The Economic Affairs Committee, which includes backbench Lords, provided critical analysis of the economic impact of the government's COVID-19 response.

3. Importance of Parliamentary Privilege

3.1. Definition and Purpose:

• Freedom of Speech: Parliamentary privilege grants MPs and Lords immunity from legal action for statements made in Parliament, allowing for free and open debate.

• Recent Example: In 2021, Labour MP Dawn Butler was able to accuse Prime Minister Boris Johnson of lying during a Commons debate without fear of legal repercussions, highlighting the role of privilege in enabling robust scrutiny. 3.2. Protection from Interference:

• Protection from Arrest: MPs and Lords are protected from arrest in civil cases while Parliament is sitting, ensuring they can perform their duties without undue interference.

• Example: While less commonly invoked today, this protection underscores the independence of Parliament from external pressures. 3.3. Confidentiality of Communications:

• Privilege in Committees: Parliamentary privilege extends to committee work, ensuring witnesses can provide evidence without fear of legal consequences.

• Recent Example: During the investigation into Cambridge Analytica by the Digital, Culture, Media and Sport Committee, witnesses provided testimony under the protection of parliamentary privilege, enabling a thorough investigation.

Conclusion

Backbenchers in both the House of Commons and House of Lords play crucial roles in representing constituents, scrutinising the government, and contributing to legislation. Their ability to act independently and utilise parliamentary privilege ensures that they can effectively hold the government to account and participate in meaningful legislative processes. Recent examples illustrate the diverse and significant contributions of backbenchers, highlighting their importance within the UK parliamentary system.

Essay points:

"Backbenchers have little impact on Parliament"

For:

• Select committees can be ignored by Parliament. Eg Priti Patel did not attend meetings.

• The govt only agrees with 40% of what committees say

• The executive can block witnesses in meetings. Eg Theresa May stopped the Head of the MI5 Andrew Parker from being interviewed in 2013

• In 2019, 21 Conservative MPs rebelled against Johnson to delay the Brexit bill. -

• EVALUATION: Johnson expelled them

• House Of Lords Select Committees ignored- they receive less media coverage and attention and often dismissed

• The governing party has the majority in committees

• Role of backbenchers have amplified because of unstable governments such as the

• 2010 coalition and the 2017 minority government

• For example, the Environmental Audits Committee's report on the environmental damage caused by microbeads led them to be banned in 2018 under the Microbead-free Waters Act.

• The Public Accounts Committee (PAC) examines public finances. In 2020, they led an inquiry into gambling regulation and the problems of gambling. This led to the government banning the use of credit cards on gambling sites to prevent people getting large debts

• Government majorities in select committees and loyal ministers chosen which allows for less scrutiny. For example, defence committees has 5 conservative ministers and the foreign affairs committee has 6 conservative ministers

• Private members bills very rarely get approved in parliament e.g. between 2019-2021 there were only 7 PMBs approved Against:

• Since the Wright Reforms, 40% of select committee recommendations accepted

• 2018 Amber Rudd resigned as Home Secretary as there were concerns over the Windrush Scandal. She was deporting illegal immigrants and a letter leaked out to deport a further 10%

• In 2019 there was a decline in backbencher activity. This is because Boris Johnson had won a majority and had expelled ministers who were 'remain'

• Government hold majorities in select committees-less scrutiny

• 99 Tories rebelled against Covid passports in 2021

• Some committees like the Liaison Committee calls the PM to account twice a year. Not very effective as Boris Johnson cancelled several appearances, hindering the effectiveness of Select Committees