Wales has put effective legislation in place to make the Senedd polls COVID-safe

For the sixth time since devolution in 1999, voters in Wales have the opportunity to participate in a Wales-wide election, with all 60 seats of the Welsh Parliament in play. Elections across the UK were postponed last May due to COVID-19, but the ones set for this spring look like they will go ahead. Toby James and Alistair Clark argue that Wales has taken significant steps to ensure that voters are able to participate in a safe and fair election.

To postpone or not to postpone? That has been the question facing elections scheduled for May across the UK. All of these contests are important, but those being held in Wales have a special importance for Welsh citizens. They will have the opportunity to elect all 60 members to the Senedd Cymru (Welsh Parliament). It will be the sixth general election since devolution in 1999 – but the first time that 16- and 17-year-olds will be able to take part.

The pandemic, however, has led to arguments about whether elections should be postponed. There is a health argument for postponement. Restrictions have been put on many aspects of life in order to prevent the spread of the virus. But the quality of the election can also be compromised by the pandemic. Restrictions on campaigning might be in place, such as bans on leafleting, which smaller parties have complained are unfair on them. So what should be done?

The evidence from around the world

As part of an ESRC-funded research project, we have been tracking how elections have been run around the world since the pandemic began, in collaboration with International IDEA and the Electoral Integrity Project. We have published case studies that have described the experience on the ground, alongside data on the measures put in place to make elections COVID-safe.

Many countries did postpone for a while. Elections have been postponed in at least 75 countries since last February. But at the same time, over 100 eventually held their contests. Proposals to postpone elections are at first glance associated with undermining the democratic process and denying citizens their right to vote. Postponements, as was shown in a recent article in Election Law Journal, are not all just power grabs by would-be dictators or incumbent governments. They can be for multiple different reasons, and there is a humanitarian case for postponement where there is a threat to human life. 

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‘Our travel difficulties haven’t been well-understood by the Government’: life as an MP from the smaller opposition parties during the pandemic

Parliament has been forced to adapt its procedures and practices to the new environment created by the COVID-19 pandemic. Here, Louise Thompson and Alexandra Meakin outline how smaller parties have been disproportionately affected by the decisions that the government has made about how parliament should operate during the pandemic.

Legislatures across the world have had to adjust to new ways of working during the coronavirus pandemic, and the UK parliament is no different. All 650 MPs have seen their role transformed as they have adjusted to virtual and then hybrid proceedings in the House of Commons, remote and then proxy voting, the loss of the informal spaces for chats and networking, and moving constituency surgeries and meetings online. For a particular subsection of MPs, however, the last year has brought even more challenge and complexity. We argue that the changes to proceedings and operation of the Commons since March 2020 have disproportionately affected MPs from the smaller opposition parties, highlighting a failure in the decision-making structure to sufficiently take into account the circumstances of these MPs. This failure, we contend, risks delegitimising the Westminster parliament in the eyes of people living in the devolved nations.

The typical view of the House of Commons, with the government on one side and the official opposition on the other, reflects the traditional two-party dominance on the green benches. But if you look to the opposition benches, you will see a growing number of MPs representing smaller parties. Some 73 constituencies (that’s 11% in total) are now represented by parties outside this duality. The smaller parties range in size, from the 47 SNP MPs, to the sole representatives of the Alliance Party and Green Party. They differ politically too: the pro-EU Lib Dems and the Brexiteer Democratic Unionist Party share the same small-party benches. But regardless of size or ideology, all small parties and their MPs must deal with an institution designed, both physically and in its rulebook, with an emphasis on the two larger parties, something that this last year has demonstrated well.

The constituencies represented by the 73 small-party MPs are overwhelmingly concentrated outside of England, with 89% located in Northern Ireland, Scotland and Wales. Even in normal times, travelling to Westminster for these MPs almost invariably involves far longer and more complex journeys than for members representing English constituencies. The pandemic has exacerbated this, with public transport (literally the only option for MPs in Northern Ireland or the Scottish islands) cut drastically. In June 2020 the number of flights from Belfast to London, for example, fell from 12 a day to just one. Virtual participation in the Commons at this time was severely restricted, but the timing of the flights and difficulties securing tickets meant that MPs from Northern Irish constituencies were often unable to be present in the Commons chamber for the first items of business on a Monday or stay for business on Thursdays without being stuck in London (and away from their families and caring responsibilities) all weekend. For one Urgent Question on abortion in Northern Ireland, Alliance MP Stephen Farry had to ask another MP (the Scottish Liberal Democrat, Wendy Chamberlain) to speak on his behalf as he was unable to travel to Westminster at short notice (at this date, no virtual participation was allowed).

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Northern Ireland in its centenary year: reviving the promise of the Good Friday Agreement

Yesterday’s blogpost suggested that the Belfast/Good Friday Agreement settlement might be facing its greatest threat ever. Some now see a border poll, and early Irish unity as the answer. Here, Alan Whysall, a member of the Unit’s Working Group on Unification Referendums on the island of Ireland, gives a personal perspective. He argues that a majority for unity is probably not imminent; a fixation on the ‘union versus unity’ debate may be profoundly damaging; and that whatever the preferred constitutional outcome, the key requirement now is to revive the Agreement, and people in Northern Ireland need to take the lead on that.

The Constitution Unit has published, for consultation, the interim report of its working group on the possibility of a border poll and processes around it. We take no view on whether there should be a poll, or Irish unity.

This work is necessary given the absence of explicit provision in the Belfast/Good Friday Agreement about the shape of a united Ireland or the route to it. The debate on unity is already happening: it needs to be well informed and to address all the key issues involved in unification. It has so far barely engaged with them.

There is now a strong campaign in favour of an early border poll. Sinn Féin seeks early government preparations, though the SDLP (which is setting up a Commission on the issues), and the parties in the Irish coalition government (which is leading with its Shared Ireland initiative), believe the time is not yet right for a poll. 

But in Northern Ireland, those advocating unity are to all appearances the only people with a plan – even to audiences who might think it flawed.

Unionism appears divided and bewildered. Unionist commentators, starting in 2018 with the former DUP leader Peter Robinson, have occasionally suggested preparation for a border poll. But unionism is not yet rising to the challenges of a poll. At present in Northern Ireland most parties seek to appeal to their own side of the community. In the unity debate, each side needs arguments, and the people to make them, who can reach into the centre ground and the other camp. 

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Northern Ireland in its centenary year: a changing landscape

In Northern Ireland’s centenary year, the Good Friday/Belfast Agreement settlement may, suggests Alan Whysall, be under its greatest threat to date, as the Northern Ireland Protocol engages. The government in London is not well placed to cope. A border poll on Irish unity, on which a Unit Working Group has produced an interim report, is now much discussed. This is the first in a two-part series: today Alan examines the changing political landscape of Northern Ireland. In the second post, to be published tomorrow, Alan will consider the possibilities for the future, arguing that giving new life to the Belfast/Good Friday Agreement is now essential, whatever the final constitutional destiny

Northern Ireland’s devolved institutions were rescued from their collapse in 2017 by the New Decade, New Approach deal (NDNA) early last year. But the underlying tensions continue: the two largest parties, DUP and Sinn Féin, often disagree publicly and sometimes appear barely able to work together. 

The Executive at first handled COVID well, but Sinn Féin leaders’ participation in July in a mass funeral parade for a Republican lost the Executive much authority; the influence of DUP hardliners inhibited restrictions being maintained in late 2020, when the situation seriously worsened.

Brexit

Brexit, as it has operated since January under the Northern Ireland Protocol, has raised tensions further (NI remains in the Single Market for goods, with increased checks on goods coming from Great Britain, avoiding a border within the island). Shortages in shops have in reality been limited, but implications for business may be severe, especially as grace periods end. 

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Boris Johnson and parliament: misunderstandings and structural weaknesses

On 21 January Unit Director Meg Russell appeared on a panel with two former Conservative Chief Whips, reflecting on Boris Johnson’s troubled relationship with parliament as Prime Minister. In this post she presents her central arguments – that the Johnson government in its early months has seemed to demonstrate some basic misunderstandings about parliament and its role; but also the government’s behaviour has highlighted some of parliament’s key weaknesses.

In early September 2020 I wrote a blogpost on Boris Johnson and parliament, which documented 13 unhappy episodes in 13 months. I had originally aimed at producing a list of 10 such episodes, but found that there was just too much material. Some of the incidents were obvious – such as the attempted prorogation the previous September, ultimately ruled unlawful by the Supreme Court. Others have continued to bubble along unhappily in the subsequent months – including the persistent refusal by Leader of the House of Commons Jacob Rees-Mogg to provide time for MPs to debate and agree proposals from the Procedure Committee to allow them to work virtually during the pandemic (frequently covered on this blog – see here and here), and the sporadic suggestions from government sources that the House of Lords should move to York. Some incidents were more obscure, but worth recalling for the record – such as Downing Street’s attempt to impose Chris Grayling as chair of the Intelligence and Security Committee (which rather dramatically backfired).

Of course that post was written five months ago, and the list continues to gets longer. It predated, for example, the dramatic showdown with former Conservative leaders over the government’s Internal Market Bill. It predated the announcement of the new Christmas lockdown rules during Commons recess, and the government’s refusal to allow a recall to debate them – despite protests by numerous Conservative backbenchers. It noted Johnson’s excessive first round of Lords appointments, but not his second within six months – both in clear breach of the Lord Speaker’s hardfought attempts to control the size of the chamber. It predated Johnson’s overruling of the House of Lords Appointments Commission’s recommendations on propriety, for the first time by any Prime Minister in the Commission’s 20-year existence.

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