How can we improve discourse during elections and referendums?

The Constitution Unit has recently launched a year-long project, which seeks to understand how the quality of information and public discussion during election and referendum campaigns can be improved. In this blog post, Alan Renwick and Michela Palese set out the motivations and plan for their project, along with some initial findings.

Following the 2016 EU referendum campaign, concerns over the quality of political discourse have been raised by people of all political persuasions. For example, the Electoral Commission’s report on the EU referendum found that only 34 per cent of respondents agreed that the campaign had been conducted in a fair and balanced way, with 52 per cent disagreeing and 34 per cent disagreeing strongly. The most common reasons given were that the campaign had been ‘one-sided/unbalanced/biased/partial’ and that the information provided was ‘inaccurate and misleading’. Similarly, the House of Commons Treasury Committee reported that ‘The public debate is being poorly served by inconsistent, unqualified and, in some cases, misleading claims and counter-claims’. Efforts to tackle the spread of misleading statements and so-called ‘fake news’ have recently been increasing in the run-up to the UK general election on 8 June.

Despite such widespread concerns over the prevalence of misinformation and the need for fair and balanced debate, little research has been conducted on the quality, as opposed to the quantity, of electoral participation and deliberation. Our project, which is generously funded by the McDougall Trust, aims to fill this gap by examining measures for improving the quality of public discussion during election and referendum campaigns. If appropriate, we will conclude by making reform proposals for the UK.

We have begun our work by surveying existing practice across a wide range of democracies, which will allow us to identify areas and options deserving of more detailed investigation. Through this preparatory research, we have tentatively identified three sets of options:

1/ Interventions designed to prevent misinformation by directly banning campaigners from making false or misleading statements. 

So far as we are aware, the most developed application of this approach is in South Australia, where the Electoral Act of 1985 states that ‘A person who authorises, causes or permits the publication of an electoral advertisement … is guilty of an offence if the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent’. Similar measures can also be found in New Zealand and some US states, such as Oregon. This option gained some traction in the UK after the EU referendum. Last July, for example, 50 MPs signed an early day motion calling for the establishment of an ‘Office of Electoral Integrity (OEI) to factually verify the truthfulness of claims made during political campaigns, with powers to issue clarifications and fines where appropriate’.

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‘Nationalism should not be confused with patriotism’ – Ruth Davidson delivers the Orwell Prize Shortlist Lecture

On 15 May Scottish Conservative leader Ruth Davidson delivered this year’s Orwell Prize Shortlist Lecture, co-hosted by the Constitution Unit. In the lecture Davidson set out a distinction between ‘patriotism’ and ‘nationalism’, arguing that although many political movements try to ensure that they get confused the two are profoundly different from one another. Thomas Romano reports.

The Orwell Prize is Britain’s most prestigious prize for political writing, awarded every year since 1994 in three categories: one for the best political book, the others for journalism and for ‘Exposing Britain’s Social Evils’. The Prize is awarded to the authors who come closest to Orwell’s ambition ‘to make political writing into an art’. On 15 May the shortlists for the 2017 Prize were announced, the last step before the proclamation of the winners on June 15. The event for the shortlist announcement was co-hosted by the Constitution Unit and the Orwell Foundation with the annual Shortlist Lecture given by Scottish Conservative Leader Ruth Davidson.

The choice of Davidson was in some ways surprising. As she herself noted in her speech, Orwell was ‘a man of the left’. As a matter of fact, Davidson was the first Conservative politician to give the shortlist lecture. Joking, she said that she did not expect him to agree on the choice.

In her speech, however, Davidson chose to draw inspiration from one of Orwell’s works that she could relate to. She drew inspiration from an essay written by Orwell in May 1945, in the immediate aftermath of the Second World War, called Notes on Nationalism. Here, Orwell speculates on some of the driving forces behind the nationalisms, and describes some features of what Davidson named the ‘politics of identity’. As leader of the Scottish Conservative Party, Davidson campaigned for Scotland to stay in the UK in the 2014 Scottish independence referendum, and her party has more generally been a historic supporter of the Unionist case in Scotland. This has placed her in sharp contrast with Nicola Sturgeon’s Scottish National Party.

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Changing the way the UK votes: the Conservative manifesto’s proposals relating to the conduct of elections

The main focus of media coverage of the Conservative manifesto has been on the party’s controversial social care policy, but it also includes some surprising and significant proposed changes to do with the conduct of elections – the abolition of the Fixed-term Parliaments Act, first past the post to replace the supplementary vote and requiring proof of ID to vote. Andrew Cook discusses these proposals and their implications.

The polls still suggest that the Conservatives are heading for victory in next month’s election. Nothing is certain. Nevertheless, the Conservative manifesto – Forward Together – is worth examining in detail. The media focus has been on the party’s controversial social care policy, but a section of the manifesto called ‘The Home of Democracy and the Rule of Law’ also includes some surprising and significant proposed changes to do with the conduct of elections. This post concentrates on these, while a larger comparison of the constitutional pledges of all the parties will follow on this blog later in the week.

Abolishing the Fixed-term Parliaments Act

The first issue is the fundamental question of when elections can be held. The manifesto commits to repealing the Fixed-term Parliaments Act, which was enacted into law by the Conservative–Liberal Democrat coalition government in 2011.

This Act was supposed to constrain a Prime Minister from calling an early election at a time of her or his convenience.  But it certainly did not do that this time round: as Alan Renwick argued here earlier this month the ‘Act really has changed only the choreography, not the underlying pattern of power.’ May easily cleared the bar of two thirds of all MPs voting for the snap election and if the Act is repealed it will be remarked that it served little purpose. On the other hand, there may be more to the story. Under different circumstances, different political incentives could have seen the Act constrain the choices of a future Prime Minister. If the Conservatives form a government and fulfil their commitment, that will no longer be the case.

The question remains as to what will replace the Act (a replacement is needed, as simple repeal would abolish any limit on the length of a parliament). There is some disagreement as to whether you can ‘revive’ a prerogative power through legislation, allowing a reversion to the status quo ante, or whether an entirely new system for calling an election will need to be created.

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When meeting a new woman MP was no longer a rarity! Recollections of the impact of the May 1997 election on parliament

The outcome of the 1997 general election, 20 years ago this month, saw the number of female MPs double overnight. The new intake of female MPs included many women who would go on to become senior figures in the Labour Party, as well as the current Prime Minister Theresa May. Oonagh Gay, a former senior official at the House of Commons Library, recalls the impact that this change, together with New Labour’s wider ‘modernisation’ agenda, had on parliament.

On 1 May 1997 120 women MPs were elected; exactly double the number elected in 1992 and representing 18.2 per cent of all MPs. 71 of these MPs were new. For House of Commons Library staff suddenly it was no longer a rarity to meet a woman MP. Previously, it was possible to recognise each woman MP and name their constituency without much difficulty. Suddenly there was a host of younger, unfamiliar, female faces to process. 101 of those 120 women elected were Labour, reflecting the landslide majority achieved by their party, and the positive action policies which it had developed in the 1990s. To Commons Library staff, women MPs were new and demanding customers, anxious to meet their constituency responsibilities and to research policy alternatives. Due to a delay in allocating offices to ,embers, the Library’s Oriel Room staff were really busy with tours of the Members’ Library, especially in the first couple of weeks or so after the election, and so got to know the new women members quite well.

Among that intake were some women who were to become major figures. Labour’s new members included Anne Begg, Hazel Blears, Yvette Cooper, Maria Eagle, Caroline Flint, Patricia Hewitt, Beverley Hughes, Oona King, Joan Ryan, Angela Smith, Jacqui Smith, Gisela Stuart and Rosie Winterton. The smaller intake of female Conservative MPs included Eleanor Laing, Caroline Spelman and … Theresa May. Some already had a public presence; others were less established in their careers and from a wide variety of backgrounds. The impression was that they tended to be slightly older than their male counterparts and to have had more experience of elected office (in local government) and the public and voluntary sector. Suddenly, the Commons appeared a more welcoming, more diverse space. This was the first change of government for 18 years, and long-serving MPs were replaced by new faces and new accents.

The unprecedented numbers of women MPs coincided with a major change in the provision of information to members. The internet and emails came into their own during the 1997-2001 parliament. So it can be difficult to disentangle the two developments. Inevitably, the culture of the Commons changed as the provision of information by electronic means became widespread, and debates in the Chamber could be watched in MPs’ offices. Portcullis House opened in February 2001, providing a significant increase in office and committee room space, and creating a lasting change in the day to day operation of MPs, as they interacted with each other, and with staff, in its sunlit atrium. The number of senior Commons staff who were female began to increase too, although the first woman Commons Librarian, Jennifer Tanfield, had already been appointed back in 1993.

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More female candidates have been selected but the gender balance of the House of Commons is likely to be little changed after June 8

In this post Agnes Magyar and Jennifer Hudson show that although the main parties have selected more female candidates for the June 8 election than in 2015, the proportion selected in non-held marginal seats is little changed. Drawing on Chris Hanretty’s election forecast they suggest that there may be little or no improvement in the gender balance of the House of Commons. If the result matched Hanretty’s forecast (as of 12 May) 194 female MPs would be elected, three more than in 2015 but two fewer than the number when parliament was dissolved.

At the 2015 general election 191 female MPs were elected, resulting in a more gender balanced House of Commons than ever before. Yet, despite significant progress, women comprised just 30% of all MPs at the time of dissolution. In a blog last week, we argued – as have others – that the snap election and the centralised selection processes that took place, provided parties with the opportunity to address to further address the imbalance, should they choose to do so. Maria Miller, Chair of the House of Commons Women and Equalities Committee – noted: ‘We heard a lot of encouraging promises when we took evidence on this last year from leadership figures in the Conservatives, Labour Party, SNP and the Liberal Democrats, but we expressed concern that warm words had not yet resulted in concrete strategies to deliver more women candidates, particularly in winnable seats.’

The concern that parties are much less likely to select women in winnable seats is not new and was highlighted by Rosie Campbell and Sarah Childs following the 2010 general election. With candidates now selected, we look to see whether parties took advantage of the opportunity, and whether women candidates were selected in parties’ winnable seats.

Selecting women candidates in the snap election

Labour, the Liberal Democrats and the Conservatives have gone about increasing their numbers of female MPs in different ways. Labour introduced all-women shortlists (AWS) in 1997 – tripling their number of female MPs as a result and establishing a leading position among parties with respect to the number of female candidates elected to parliament. Gender quotas, highly controversial at that time, have not ceased to be subject to debate. Yet, by now all major parties have come to advocate, one way or another, a fairer balance between men and women in the Commons. Following years of reluctance the Liberal Democrats have now adopted AWS, following the return of an all-male group of MPs in 2015 after the loss of the majority of their seats. The Conservatives have rejected AWS, instead relying on Women2Win, an organisation founded by Theresa May and Baroness (Ann) Jenkin in 2005, to identify, motivate and train female parliamentary candidates.

One way to look at the parties’ progress in selecting women candidates is to look at new seats, i.e. seats they do not currently hold. As Table 1 shows, the number of female candidates nominated for new seats by the Conservatives, Labour and the Liberal Democrats has changed very little from 2015 to 2017. Women candidates make up between 28% and 37% of all new selections for each party across these two elections, but only the Lib Dems have increased the proportion of women selected, from 28% in 2015 to 30% in 2017. But with as many as 163 female incumbents re-standing between the three parties, the overall proportion of female candidates for Conservatives, Labour and the Lib Dems has risen from 29% to 33%.

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