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23 October 2015 / Neil Parpworth
Issue: 7673 / Categories: Features , Public , Constitutional law
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Held to account

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MPs lobbying ministers: a basis for legal challenge? Neil Parpworth reports

It is well understood that one of the main roles of the backbench MP at Westminster is to hold the government of the day to account for its acts and omissions. In practice, this can be achieved through various means, including written and oral questions to ministers, debates in parliament and the work of departmental select committees on which MPs may serve. While these opportunities mostly arise in a formal setting, access to ministers may also be obtained behind the scenes, in the tea room and bars of the House of Commons or when MPs vote by passing through the “Aye” or “No” lobbies which adjoin the chamber. Indeed, the opportunity which this archaic form of voting presents to a backbench MP to buttonhole a minister in the absence of the minister’s retinue appears to be a key reason why the Westminster Parliament continues to eschew electronic voting. With the doors of the lobbies locked and MPs waiting to file through, a backbencher has the chance to bring a constituency matter to the attention

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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