Monitor 89: The urgency of protecting democracy and the rule of law

Today the Unit published Monitor 89, providing an analysis of constitutional events over the last four months. This post by Alan Renwick and Meg Russell, which also serves as the issue’s lead article, highlights welcome action by the government on devolution, commitment to the rule of law and the removal of hereditary peers from the House of Lords, but calls for stronger action on wider Lords reform, progress on the promised Ethics and Integrity Commission, and action on the pre-election pledge to strengthen parliamentary scrutiny of legislation. It warns that the governments of the UK must strive to maintain healthy checks and balances, avoid polarisation, and foster open political discourse at a time when events in the US are showing the dangers of not doing so.

In recent months domestic politics has often been overshadowed by events on the international stage. The longstanding assumption that democratic countries would work together to promote the values of democracy, self-determination, and international rule of law has been undermined to a sometimes shocking degree. Developments in the United States have highlighted the importance of maintaining healthy checks and balances, avoiding polarisation, and fostering open political discourse.

Here in the UK, debates over a wide range of constitutional and political topics are current – with some being livelier than others. The Constitution Unit has published a major new survey of these debates, highlighting the current situation and possible reforms across 31 different parts of the system.

Among these are several issues on which the UK government has made progress since the promises presented in Labour’s manifesto last year. Most strikingly, a white paper on English devolution, published in December, promised a ‘devolution revolution’. It is proposed that ‘mayoral strategic authorities’ will be rolled out across the country, while local government will gradually be reorganised into larger, single-tier units. In parliament, scrutiny of legislation to remove the remaining hereditary peers has continued, with extensive debates ongoing in the Lords itself as Monitor went to press. Ministers have also pledged to publish plans for electoral reforms by the summer, with the headline change likely to be the lowering of the voting age to 16. And they have launched a review of how the Internal Market Act is affecting devolved government.

But in other areas highlighted in the Unit’s new report, progress has been slower. While ministers are intent on removing the hereditary peers, they show little enthusiasm for implementing other changes promised to the composition of the Lords. Meanwhile, membership of the chamber has grown further, with a fresh round of 38 appointments announced just before Christmas. While small changes may yet come, more fundamental review of the second chamber appears very distant.

In the House of Commons, the Procedure Committee has announced five inquiries, and the Modernisation Committee – chaired by a Cabinet minister – has published its plans. But there is little indication as yet that the latter committee will do anything to act on ministers’ pre-election pledge to strengthen parliamentary scrutiny of legislation.

There has, likewise, been no sign of progress towards establishing the promised Ethics and Integrity Commission, which, it was understood, would combine and strengthen several of the watchdogs that oversee the work of ministers and senior civil servants.

Developments in the United States, combined with rumours before Christmas that the billionaire and Donald Trump ally Elon Musk might donate $100 million to a UK political party, sparked renewed concerns about the susceptibility of the UK’s democratic processes to the influence of ‘big money’. Ministers have reiterated their intention to close loopholes and tighten enforcement, to limit the foreign funds entering the system. But they appear disinclined to follow widespread calls for a general cap on political donations. A Constitution Unit seminar held as Monitor went to press explored these matters.

Some saw echoes of Musk’s political ally, Donald Trump, in the comments by Keir Starmer in December that ‘too many in Whitehall are comfortable in the tepid bath of managed decline’. The Prime Minister and the Chancellor of the Duchy of Lancaster, Pat McFadden, reaffirmed the commitment to public sector reform in March, when, most eye-catchingly, they announced that NHS England would be scrapped as an independent entity. They appeared to recognise that the earlier rhetoric had harmed confidence among civil servants, however, and were keen to emphasise that the problems lay in structures, not people.

Since entering office last year, the Lord Chancellor, Shabana Mahmood, and the Attorney General, Lord (Richard) Hermer, have repeatedly voiced their commitment to the rule of law, including proper parliamentary processes on legislation. In recent months, however, Hermer has been subject to a series of public attacks – often apparently briefed anonymously from within the highest echelons of government. He has been criticised for allegedly prioritising process over delivery. But events in the United States – where the Trump administration stands accused of trampling legal rules in pursuit of dramatic cuts to federal services, causing widespread distress and potential corruption – show the dangers of letting such standards slip.

Beyond the government’s own agenda, much of Westminster’s attention continues to be devoted to the Terminally Ill Adults (End of Life) Bill – the private member’s bill that proposes to legalise assisted dying for some adults who are not expected to live for more than six months. The measure passed second reading in the House of Commons in November and is now receiving detailed scrutiny in committee. Departing from the normal procedure for private members’ bills, the committee has taken evidence from external witnesses, though the process of selecting those witnesses proved somewhat controversial.

Away from Westminster, the Northern Ireland Executive finally agreed a Programme for Government in late February, more than a year after it had entered office. The Assembly endorsed Northern Ireland’s current trade arrangements with Great Britain and the European Union in December – but only over the opposition of every unionist MLA who voted, with the result that a review is now underway. Holyrood and Cardiff Bay, meanwhile, continue to pursue democratic reforms. In Scotland, ministers confirmed their intention to pilot ‘more automated forms’ of electoral registration for young people. They also introduced a new Scottish Ministerial Code. In Wales, a Senedd committee set out proposals for recall of MSs and for action against politicians who make deliberately false statements.

Notwithstanding all these domestic developments, the international sphere is likely to remain dominant in the coming months. Starmer is treading a fine line between seeking to remain the US’s strongest ally while upholding the core principles that have underpinned the transatlantic alliance since the Second World War. Whether he can maintain that stance or will be forced to acknowledge a deeper rift – as some of his European colleagues and his new Canadian counterpart, Mark Carney, appear to have done – remains to be seen. He has already been led into controversial territory – morally, pragmatically, and constitutionally – by raiding the international aid budget to finance new defence spending. He lost much trust – and a senior minister, Anneliese Dodds – as a result.

At this time, standing together in support of democracy, self-determination, and the rule of law appears more important than ever. Recent events have highlighted both the importance and the fragility of these principles. Vigilance about their protection should be a constant priority in relation to the UK constitution as much as the international order.

About the authors

Alan Renwick is Professor of Democratic Politics at UCL and Deputy Director of the Constitution Unit.

Meg Russell FBA is Professor of British and Comparative Politics at UCL and Director of the Constitution Unit.

Featured image: Keir Starmer meets Donald Trump (CC BY-NC-ND 2.0) by UK Prime Minister.

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