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Parliament and Its Members

Parliament and Its Members. Reading List. Coakley and Gallagher give systems, facts, analysis, results of research Hannon gives human side, colour, acid assessment: cynicism the occupational hazard of the political correspondent and of many civil servants

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Parliament and Its Members

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  1. Parliament and Its Members

  2. Reading List • Coakley and Gallagher give systems, facts, analysis, results of research • Hannon gives human side, colour, acid assessment: cynicism the occupational hazard of the political correspondent and of many civil servants • recall questions for discussion in the reading list; will cover these issues

  3. Non-applicability of Classical Separation of Powers Doctrine/Theory a la U.S. Constitution, etc. • Compare experience last week on legislation for the bail out of financial systems in USA and Ireland • In US, Congress can, and often does, block what the Executive - the US President and Administration - wants to do; in Ireland, this scarcely ever happens • Irish system, as here in UK or Canada (except for cases of minority governments, is of Government in Parliament; a fused system, dominated by all-powerful party system, even though political parties are not even mentioned in the Constitution of Ireland • Very strong party discipline in Parliament in Ireland: • Same disincentives for dissent/dissidence as in UK • but, also, more importantly, TDs voluntarily accept tight discipline • are there to, but also want to, support their party (and, when in power, their Government), not harass or bite it • Overall, Irish political system shows aspects of both Westminster, adversarial model and consociational model but, as regards Irish parliament, it is firmly in the adversarial, majoritarian camp

  4. Major Functions of Parliament under the Constitution of Ireland • 3 main functions/dimensions • appointment of Taoiseach (PM) and Government • law-making/policy-making • holding government to account (scrutiny function)

  5. Bicameral Oireachtas (Parliament) • 2 Houses (Dail: Lower House; Seanad: Upper House) • 166 TDs in Dail, directly elected in 41 constituencies; they are multi-seat • 60 senators in Seanad • 11 appointed by the Taoiseach • 6 elected by graduates of 2/4 Universities • 43 indirectly elected by an electorate of politicians • new Dail • old Seanad • county councillors (approximately 900 electorate in all)

  6. Day/Week in the Life of the Dail • sits Tuesday afternoon to Thursday at 5:30 pm, exceptionally on Fridays too • sits around 30 weeks in a year: 96 days in 2007; 67 in 2002 (election year) and 97 in 2003 - many say not nearly enough • starts Tuesday, 2:30 with Questions to the Taoiseach for 45 minutes • then Ministers' Priority Questions, Ordinary Oral Questions (rotation system, also Written Questions) • at 3:45, Taoiseach back for Leader's Questions (supposed to be on matter of national importance) • at 4:30, Taoiseach presents Order of Business for rest of day's proceedings and possible vote, argy-bargy re: promised legislation • at 5:15, legislation or other government business (e.g. approving international agreements) • at 7:00, Private Members' Time • at 8:30 pm, Debates of Matters on the Adjournment • circa 9 pm: home for the night! • starts 10:30 am Wednesday: • Taoiseach to answer Leader's Questions, Taoiseach's Questions • circa 11: 30, Order of Business (as on Tuesday) • circa 12:15, debates on legislation • 1:00 Lunchtime • at 2:30, Ministers' Question Time • rest of business as on Tuesday after 5:15, except usually a vote on Private Members' Business at 8:30 • On Thursdays, Taoiseach now absent, Tanaiste (Deputy Prime Minister) does Order of Business at 10:30, business otherwise as on Wednesdays, except no Questions to the Taoiseach and all wrapped up at 5:30 pm

  7. The Typical T.D. • a man (come back to this later) • average age of those elected in 2002 was 49; three quarters of TDs in 40s or 50s    • nearly half from professional backgrounds, teachers most common; in practice nearly all full-time politicians nowadays • around half have university degrees • strong local roots; nearly all live in constituency, most born and raised there; around three quarters were before members of local authorities in constituency

  8. Role in Appointing Governments • Governments not regularly made or broken on the floor of Parliament - elections much more the determining factor but pure Westminster model does not apply and, recently, this applies even more, as coalition governments become more common • 3 ways of settling composition of the government • single party or pre-agreed combination win election • after unclear election, parties put together majority coalition • Dail elects government whose component parties do not command a majority • of 18 governments over 1948-2002, third case, with stronger role for Dail, arose in only 6 cases: 1987 case, all hung on the vote of one independent • Dail ousted governments on only 2 occasions - November 1982 and November 1992 - but 8 other occasions when Government jumped (resigned) rather than be pushed

  9. Role in Making Legislation and Policy • -weak role; “lobby fodder” • legislation almost entirely from Government Bills - Private Members' Bills seldom get anywhere and then only if Government allows/directs its Deputies (TDs) to support it • production of legislation • approval of Heads • drafting • constitutional vetting   • amount, pace of legislation: often criticized as too slow, too little    • EU-determined legislation (approximately equal to 80%)      • delegated legislation • statutory instruments: can amend substantive legislation • weak Oireachtas control; 21 days procedure • Irish legislation system much closer to Westminster than to consensus model; increasing use of committees but tight government control • five stages of a bill initiated in the Dail • second stage on main principles • third committee stage on detail • low attendance in Dail chamber • hard to fault them • calls for quorum by opposition • committee stage: now 13 11-member Dail committees, built in Government-side majority • nevertheless, not a cabinet dictatorship: • role of Government back-benchers (i.e. alcohol limits, pharmacies, dual mandate) • readiness to accept considered, well-founded amendments, points in committees, at committee stage

  10. Scrutiny Function •         - debates and motions            ~ ad hoc - hot topics            ~ no confidence             ~ adjournment debates: local issues, maladministration, grievance redress        - Parliamentary Questions            ~ submission in advance            ~ grounds for ruling out            ~ supplementaries: guessing them and supplying prepared answers            ~ "the bullpen"            ~ Leader's Questions - more often, more gladiatorial a la Westminster            ~ P.Q. not really for information, more for political theatre; aim to damage                 Government and/or Minister            ~ growth in numbers of questions - many written - but perceived decline in PQS                 as a tool for accountability (long answers to use up time)            ~ "economical with the truth" as regards to answers         - Oireachas scrutiny through committee system            ~ Public Accounts Committee, supported by Comptroller and Auditor General            ~ Departmental Committees, 13 in number (joint committees of Dail and Seanad)            ~ patronage aspect of committees                 * desire to avoid close scrutiny                * smaller size of Dail, no hope for promotion leaves few of independent mind, unlike Westminster            * desire of Government TDs for involvement            * inadequate resources

  11. Seanad Eireann (Senate) • - composition as under point 4 above        - Government majority assured         - weak power            ~ can only delay a Bill 90 days (v. one year for House of Lords)            ~ not involved in money maters        - a "talking shop" but a better class of talk! Claimed debates are more reflective,                 constructive and non-partisan in spirit        - Seanad electoral system            ~ 5 panels: vestige of 1930s corporatism but effectively non-operative            ~ swallowed by party system: at 2002 election, 811 out of 970 electors had party affiliations            ~ nevertheless, nominating and local councillors well looked after by senators on visits to Parliament, etc.             ~ Seanad elections "a gruelling test of endurance" involving 000s of miles of travel        - proposals for absolution (i.e.. Denmark, New Zealand and Sweden)        - proposals for reform            ~ of functions            ~ of electoral system            ~ . . . but no action so far

  12. Reasons for Weakness of Parliaments • growth of Government functions - harder for amateurs to match specialists        - mass media offer alternative focus of scrutiny and accountability        - parliaments conservative, slow to adapt        - new pattern of decision making - such as Social Partnership in Ireland - virtually bypass parliaments        - demands of constituency work        - "the party line" and its dominance

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