Decline in Parliament?

1. Decline in Parliament? Functions of House of Representatives and Senate

2. Intended Functions of Parliament • Legislative • Responsibility • Representative • Forum for debate • Educational and socialization roles

3. Legislative functionHOR • Should initiate, deliberate and finally pass legislation. • Separation of powers dictates this is main role. • However, is more of a vehicle of legislation than generator of it. • Why?

4. Legislative Function HOR • Election almost always produces Government consisting of majority party. • Legislative proposals are created in Cabinet or party room. • Government can use procedures( gag, guillotine and floodgate) to ensure quick passage of legislation. • May delegate to Public service to provide detail.

5. Legislative function HOR • Therefore there is executive dominance of HOR. • However, there is allowance for questioning and some debate. • There is also the role of standing and select committees to analyses legislation and general areas of concern.

6. Legislative Function Senate • Initation of legislation is limited. • Unless, Minister is in Senate or PM Bill is tabled. • However, scrutiny can be much greater if the Senate is not controlled by the government.

7. Legislative FunctionSenate • Scrutiny can occur if Senate is independent or hostile. • Increased role of committees allows for a more thorough exploration of issues/legislation. • Has ‘Estimates Committee’ to look at government spending. • Also has Legislative and General Purpose Standing Committees.

8. Legislative Role Conclusion • Majority of legislation initiated by executive-dominated HOR • All money bills must be initiated and amended in HOR, although Senate can suggest changes and block bills if they want to (Rarely done). • Senate’s role is more to scrutinize than initiate. • Does this through hostile/independent Senate, committees. Can block or amend bills to severally limit the passage of legislation.

9. Responsibility Function. • HOR- Is limited due to party politics, choosing of governments is done at election time only. • But HOR still can hold government accountable through Question time and ‘digging dirt’ on the government. I.e./ Brian Burke scandals has forced individual resignations and embarrassment to government but not the downfall of the government as a whole. IMR is sometimes carried out but Collective MR is never carried out. • Overall, responsibility function is very limited in HOR.

10. Responsibility Function. • Senate- can have a much greater role is holding government responsible. • If hostile or independent, they can block legislation to force an early election. • Deadlock between the two houses leads to a Double Dismissal or an early election. • Last occurred in 1987. (5 in total 1914, 1952, 1974, 1975, 1983 and 1987.

11. Representative Function • Two theories on what is ‘representative’-1)Reflect will of the people, as expressed in last election (Majority and Minority)and 2) MPs/Senators are to represent the views and interests of their electorate. • Can also be seen as delegates, trustees, partisans and mirror representation.

12. Representative function • HOR is more reflective of majority views. • Senate allows for greater reflection of minority views. • Both houses can be accused of putting party interests before electorate interests. Especially so for the HOR. Must tow party line. • Both can spend time helping constitutes with problems. This is done more effectively by MHRs as the have a specific electorate as opposed to the senate which has multiple members.

13. Forum for debate • Debate does occur in both houses. • Question time, Adjournment debates, urgency motions can allow for debate in HOR. • However, this can be limited by government through parliamentary procedures. • Opposition can use it as a vehicle to embarrass the government.I.e./ 1997/98 ‘travel rorts’ issue • Overall, this is more about political point scoring than good government or policy. • Senate allows for much greater degree of debate, if numbers are not in governments favour.

14. Conclusion • Legislation- HOR vehicle for Cabinet policies. Senate can have greater role if not rubber stamp. • Responsibility- HOR is very limited due to party politics. Better with IM responsibility than CM responsibility. Senate- can block government and force an election. • Representative- HOR is representative of majority and Senate can be representative of minority views. However, both show greater allegiance to party than electorate. • Debate- does occur in HOR but is limited by time and government. Senate allows for greater debate to occur.