Five key questions about coronavirus and devolution

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The coronavirus is a once in a generation event that has required an almost unprecedented response from government at all levels, from Westminster to West Lothian. Akash Paun argues that it has raised five crucial questions about the politics of devolution at a time when efficient and effective intergovernmental relations are crucial. 

Coronavirus has hit all parts of the UK and has required a comprehensive response by government at all levels – central, devolved and local. The crisis has raised (at least!) five big questions about devolution, intergovernmental relations and the politics of the Union:

  • Does the crisis show that the UK and devolved governments can cooperate effectively?
  • To what extent does devolution enable policy divergence between the UK nations?
  • How is the crisis affecting the operation of the devolved institutions themselves?
  • How is the pandemic response being funded – and with what impact on devolution?
  • What might this period mean for wider constitutional debates and the Union?

It is too early to give a definitive answer to any of these questions. But developments over the past few months already point to some preliminary conclusions, as well as identifying important lines of investigation for future research.

The UK and devolved governments can work together – at least in a crisis

One important finding, as the Institute for Government (IfG) recently concluded, is that the UK and devolved governments have shown the ability to work together well at various points over the past three months. Given the many disputes over Brexit, the Union and other matters in recent years, and the underlying weaknesses of the UK’s system of intergovernmental relations, it was far from a foregone conclusion that the different administrations would be able to cooperate at all.

But credit should be given where it is due. In early March, the UK and devolved governments published a joint Coronavirus Action Plan – a rare sighting of a government policy paper that was co-branded by the four administrations. There was close working too on the Coronavirus Act, which was drafted with significant devolved input before being passed at Westminster with devolved consent under the Sewel Convention. And devolved leaders participated in meetings of the COBRA emergency committee throughout this period, helping to ensure that major announcements, not least the imposition of the lockdown in late March, were coordinated between the capitals. Continue reading

Remote sittings for Ireland’s parliament: questionable constitutional objections

david_kenny_02.jpg_resized.jpg (1)As a result of the temporary measures taken by the UK House of Commons, MPs as far away from London as Orkney have been able to contribute to parliamentary proceedings remotely. The same has not been true of Ireland, where legal objections have been raised. David Kenny argues that those objections can be easily overcome and that there is no good reason why Ireland’s elected representatives should not be able to attend the Oireachtas remotely. 

Ireland’s recent general election, as well as producing deep political uncertainty, has produced several fascinating and strange constitutional questions: what happens when a candidate dies (not, it turns out, what the law clearly required). Can the Seanad (Senate) legislate when no Taoiseach (Prime Minister) has been appointed to nominate 11 of its members? What are the limits of the accountability of acting ministers?

The strange circumstances of the pandemic have thrown up yet another constitutional issue, one which is arising around the world: where and how can the legislature sit? With social distancing in a parliamentary chamber or committee room difficult, this has a profound effect on how the legislature can function at a time where the agglomeration of executive power in response to the crisis requires acute parliamentary oversight. 

At present, despite emergency legislation giving sweeping powers to the executive to combat COVID-19, neither house of the Irish parliament is meeting in anything other than the most limited form. For limited purposes, such as attempting to nominate a Taoiseach, a very large space such as Dublin’s Convention Centre can be rented to allow socially distant attendance from all 160 members of the Dáil (the equivalent of the UK’s House of Commons). But this is not intended to be a regular arrangement, and is not planned for other parliamentary activities, such as committee meetings. There are limited sittings in the Dáil Chamber, with a select groups of members in attendance, and meetings of a special COVID-19 Committee in the chamber also. It would seem that virtual/remote meetings would be essential to allow sufficient parliamentary oversight in these circumstances. But constitutional objections to this have been raised. Continue reading

Irish unification: processes and considerations

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Earlier this year, the International Association of Constitutional Law published a blog symposium on Irish Unification: Processes and Considerations, convened by Professor Oran Doyle. Here, Professor Doyle summarises the  contributions to the symposium. 

The Belfast/Good Friday Agreement (GFA)—the agreement between the parties in Northern Ireland and the related international treaty between the British and Irish governments that was central to the peace settlement in 1998—built a new model of power-sharing politics on the foundation of a territorial compromise. On the one hand, Ireland and Irish nationalists accepted the legitimacy of Northern Ireland’s status as a component part of the United Kingdom. They thereby relinquished a territorial claim to the whole island of Ireland that had been advanced in different ways since independence and partition of the island of Ireland in 1921-22. On the other hand, the United Kingdom and unionists accepted that Northern Ireland would only remain part of the United Kingdom for as long as a majority of people in Northern Ireland so wished it. They thereby relinquished the right of the United Kingdom to preserve its own territorial boundaries.

In 1998, Irish unification seemed a distant prospect. The priority for most Irish nationalists—and certainly for all Irish governments—was to make the new political arrangements work, not to advocate for a united Ireland. But demographic change was slowly producing an electorate more open to unification, and Brexit has now dramatically increased the attractiveness of a united Ireland replete with EU membership. As a result, although opinions on the likelihood of a united Ireland diverge widely, the territorial compromise of 1998 is under pressure. Continue reading

Coronavirus and the Commons: how the hybrid parliament has enabled MPs to operate remotely

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It has now been three weeks since the House of Commons agreed to operate on a hybrid basis, with many MPs contributing remotely and the Commons holding its first remote votes. Former Commons clerk David Natzler assesses how the virtual parliament has been operating, and asks if and when the Commons will return to its pre-hybrid state.

The three weeks since the return of parliament from the Easter break have seen the rapid emergence of a virtual parliament, but asymmetrically between the two houses. The Lords has followed a twin track: ordinary chamber proceedings whenever a decision of the House is required, and ‘Virtual Proceedings’ for questions, statements and debates where participation is restricted to those peers not in the chamber. In separate orders agreed on 21 and 22 April the Commons decided that both scrutiny (questioning) and substantive (decisive) proceedings would be ‘hybrid’, meaning that members could take part whether in the chamber or not, and that each group would be treated with strict equality. All categories of business can now at least in theory be dealt with. For example, the report stage of the Agriculture Bill is scheduled for 13 May. On 11 May two pieces of internal business were dealt with: a personal statement from Greg Hands was made remotely, and Conor Burns was suspended from the Commons for seven days, both following reports from the Committee on Standards: evidence that the House has still been able to exercise its powers during these unusual times.

Lists of questioners are compiled and published in advance, on the parliamentary website, indicating whether the member intends to attend in person or remotely. Virtual contributions are denoted in Hansard with a ‘V’ by the speaker’s name. That all is proceeding smoothly is due not only to the staff of the House but also to its political leadership, which has created a broad consensus in a way that seemed unlikely a few weeks ago. The Westminster parliament is now something of a market leader: the senior official overseeing the changes, Matthew Hamlyn, gave evidence on 30 April to the Canadian House of Commons Procedure and House Affairs Committee, along with representatives of other parliaments, on the new arrangements.

Who still attends in the Commons – and why?

The lead minister responsible for the department answering questions,  making a statement or introducing legislation generally, but by no means always, attends. Indeed, the first minister to answer departmental questions, Simon Hart, the Secretary of State for Wales, participated remotely. Junior ministers often attend physically if they have more than one question to answer. The presence in the chamber of the answering minister does give general confidence that their replies will be audible whatever minor gremlins get into Zoom. Most but not all opposition frontbenchers attend in person, although Lisa Nandy and Ellie Reeves both made their frontbench debuts remotely

By now the overwhelming majority of backbenchers participate remotely. A handful of members choose to attend in person, some travelling from far away; but as the new temporary regime has developed the numbers seem to be dropping. In the short debate on a pension enrolment instrument on 4 May there were no participating members physically present. By contrast debates on some specific local or sensitive topics seem to have more physical participants. Mark Garnier said that he had made a 300-mile round trip by car ‘to speak here in person’ on a harrowing case of domestic abuse, during the second reading debate on the Domestic Abuse Bill. Some members may still feel that a 10-minute speech in an important debate carries more weight if delivered in the chamber, while a 30 second question can be posed remotely without loss of impact. That said, Sara Britcliffe made the first virtual maiden speech remotely from Lancashire. But there is no prospect of Lancashire’s proud son in the Speaker’s chair presiding from Chorley. Continue reading

Coronavirus and constituents: working for an MP during a pandemic

IMG_20200430_150419.jpgAfter it was announced that IPSA had made an additional £10,000 available to MPs to support their office costs to help adapt to the ‘new normal’ of working from home with an increasing workload, there was much confusion and some misinformation about what this money was for. Emma Salisbury explains what MPs’ offices do, where that money might go, and what it has been like working for an MP as the UK has experienced a change in the way we live and work of a type that few (if any) people have experienced before.

The headlines were stark – MPs given £10,000 bonus to work from home! The news prompted criticism from political commentators and on social media, resulting in a petition (signed by 250,000 people) to reverse the decision. This wave of headlines prompted Lindsay Hoyle, Speaker of the House of Commons, to make a statement on the matter. Misinformation such as that put out about this issue has been one of the many democratic challenges of the coronavirus crisis, as the Unit’s Deputy Director, Alan Renwick, and Michela Palese have discussed elsewhere on this blog.

The truth is less exciting, and results in fewer sales and clicks. MPs pay for their offices and staff via the expenses system administered by IPSA, a body set up after the 2009 expenses scandal (for a summary of the 2009 scandal, see this recent blogpost by former Commons clerk Sir David Natzler). Each MP has budgets for their necessities: accommodation, travel, staffing, and office costs. The latter of these is how we pay for the boring things we need to run an office, everything from paperclips to envelopes to printer ink. In order to help support us during the pandemic, IPSA raised the cap on this budget by £10,000 to make sure that every MP’s office had the capacity, if needed, to buy whatever was necessary to make the transition to home working; if the MP or one of their staff does not have access to a computer or printer at home, for example, the budget can cover acquiring this equipment. 

All purchases reimbursed through IPSA need to be claimed for with a receipt and an explanation of why it was necessary, and the conditions of these new funds are no different. If IPSA decides that a claim for an item is not reasonable, then it can refuse to reimburse the MP for that expense, meaning it would have to come out of the MP’s own pocket. The extra amount is a cap, not a target: many MPs will not need to claim for the maximum additional amount. No matter how much of the budget MPs end up spending, this £10,000 is certainly not a lump sum gift to them or their staff.  Continue reading