Options for an English Parliament: policy powers and financial arrangements

Ongoing Constitution Unit research is exploring options for an English Parliament. Two of the most fundamental questions concern what policy powers such a body would have and financial arrangements. Jack Sheldon suggests that an English Parliament would be likely to have policy and fiscal powers resembling those of the Scottish Parliament, and that a new funding formula would be required to cover the costs of devolved services. These developments would have major implications not only for England but also for the other parts of the UK.

Since last autumn Professor Meg Russell and I have been working on a research project exploring the options for an English Parliament. Although there have been various calls over the last 20 years to establish such a body, how might it actually work in practice? Two of the most fundamental questions, which have major implications for other aspects of institutional design, concern what policy powers an English Parliament would have and what kind of financial arrangements would be possible. This blog post focuses on these questions.

What English Parliament supporters have said

English Parliament supporters emphasise restoring equality among the UK’s nations, in light of what they see as the unfairness of present devolution arrangements. It is thus unsurprising that they have often set the powers of the Scottish Parliament as a benchmark. The Campaign for an English Parliament (CEP) state prominently on their website that they campaign for an institution ‘with powers at least as great as those of Scotland’. This demand has been echoed by MPs who are in favour, including David Davis, Frank Field and John Redwood. In the aftermath of the Scottish independence referendum Redwood wrote that ‘As we seek to put into legislation what Gordon Brown called Home Rule for Scotland we must do the same for England’.

To the extent that they have addressed finance, advocates of an English Parliament have focused on criticism of the Barnett Formula, which provides more generous per capita government spending in Scotland than in England. Eddie Bone of the CEP has linked the continued use of the formula to ‘closures of A&E departments and council services across England’. Frank Field has likewise been highly critical of the formula, saying that ‘it is totally unacceptable that the poor in [his] constituency should be less well supported than the poor in Scottish constituencies’. Proponents have said less about what sort of financial arrangements they envisage following an English Parliament’s establishment.

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Here we go again, the parliamentary petitions site has re-opened – what roles can it play?

The House of Commons and government collaborative e-petitions site re-opened on 11 September, following an extended break during the general election and the early months of the new parliament. In this post Cristina Leston-Bandeira reflects on the experience of the e-petitions system during the 2015–17 parliament, the first following its establishment. She identifies four types of role performed by petitions to parliaments and provides evidence that the UK system has performed important roles in all of these areas.

Closed since early May, the House of Commons and government collaborative e-petitions site re-opened on 11 September, as its committee was finally re-established. By the end of its first day, 11 petitions had been added to the site, collecting over 11,000 signatures. As the Petitions Committee re-starts its work, it is worth reflecting on its experience during its first parliament and its potential role.

The system was launched in 2015 and saw extraordinary volumes of usage in the 2015-17 parliament, with 31,731 e-petitions submitted in less than two years and 14 million unique e-mail addresses used to sign petitions. This corresponds to an average of 1,480 e-petitions submitted per month, which is considerably higher than equivalent petitions system in other legislatures; for instance, the monthly average number of petitions submitted in 2015 to the German Bundestag was 1,186 (despite Germany having a larger population).

There is no doubt that the new e-petitions system has caught people’s imagination and has been heavily used since it was introduced. But has it achieved much, other than a lot of activity and noise? Out of those submitted, 10,950 were accepted and 471 got a government response, having reached the required threshold of 10,000 signatures. Besides this, 39 parliamentary debates were held on e-petitions that reached 100,000 signatures (with some debates encompassing more than one petition). Assessing the contribution of petitions is not always straightforward though, for a variety of reasons explored in a previous blog post such as the difficulty in identifying causal relationships between petitions and outputs. In order to evaluate a petitions system, it is more helpful to think in terms of the roles it performs.

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Labour’s unavoidable English question

In 2015, the Conservative government implemented ‘English votes for English laws’ (or EVEL) in the House of Commons as a way of responding to the ‘English question’. Labour, by contrast, has had relatively little to say in this area – but were the party to form a government in the near future, it would be required to take some tough decisions. In this post, Michael Kenny assesses the possible routes forward for how Labour might respond to EVEL, in particular, and broader questions about English governance and devolution across the UK.

Brexit and its potential implications saturate British politics. But attention has lately shifted away from some of the complex constitutional questions which were aired in the days and months before the UK’s negotiations with the EU began. These include the thorny issue of how the UK government will handle the very different perspectives on Brexit which are held by the governments of Northern Ireland, Scotland and Wales – which will move back to the foreground when the government formally requests the consent of the Scottish and Welsh parliaments for the European Union (Withdrawal) Bill currently passing through the Westminster parliament. Whether Labour in Wales and Scotland opt to oppose Brexit will be of particular importance in political terms.

A related, but distinct, issue which all of the main parties will have to consider soon is how those parts of the complex body of coming legislation which affect England in distinct ways, will fare. And this in a context where it is still taken as given, in Westminster at least, that the UK government can represent the interests of the entire UK and England at the same time, even when the current administration depends for its survival upon a small party that is based in Northern Ireland only.

The previous Conservative government introduced a complex and convoluted system – known as ‘English Votes for English Laws’ (or EVEL) – to handle such legislation, and sought to make political capital out of its ability to answer the English question – one of the great Cinderella issues of British politics.

Whether these opaque rules will be enough to deal with the increasingly political character of English national identity is a moot point. But in EVEL and the patchwork model of metro mayors and newly created combined authorities it has created, the government at least has something to say on the subject of English devolution (even if what Theresa May herself thinks about these changes remains a well-kept secret).

Labour, in contrast, seems to have little to say in this area – aside from promising a constitutional convention which feels like a fig leaf, rather than a signal of intent.

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Why do government MPs rebel more? Strategic party disloyalty in the House of Commons

Despite high overall levels of party cohesion, rebellions occur relatively frequently in the House of Commons. In a new paper Jonathan Slapin, Justin Kirkland, Joseph Lazarro, Patrick Leslie and Tom O’Grady examine rebellions in the period from 1992 to 2015. They find that rebellion is much more common among government than opposition MPs and suggest that this is because disobeying the party whip is a strategic act, used by MPs to differentiate themselves from their party when this is most electorally useful. Tom O’Grady summarises here.

The history of the Westminster parliament is full of colourful rogues whose independence from party leaders seems to endear them to the public. MPs like Dennis Skinner, who have often rebelled against their party leaders – and use parliamentary speeches to emphasise their independence – seem to have a special place in British voters’ hearts. This is increasingly backed up by academic evidence. When survey respondents are asked to pick between potential MPs, they tend to opt for candidates who won’t just slavishly toe the party line. The public seems to likes independence in it MPs, and wants to see more of it. This begs the question of why MPs choose to rebel, and how constitutional features encourage or discourage MPs from going alone. Our new paper sheds new light on this question by examining rebellions and speeches in the House of Commons from 1992 to 2015, encompassing Conservative, Labour and coalition governments. The key pattern that we highlight is that opposition parties experience far fewer rebellions than governing parties.

This isn’t driven by what might seem, at first glance, like the most obvious explanation: perhaps governments experience rebellion simply because governing parties are larger and more ideologically diverse. Instead, we compare rebellious behaviour amongst individual MPs when they are in government to rebellions by the very same MP when they are in opposition. In fact, the same MPs rebel much more often when in government. We measure MPs’ ideological positions, too, and demonstrate that these patterns are driven by the most ideologically extreme MPs, whose behaviour changes the most from government to opposition (the recent period under Jeremy Corbyn’s leadership of the Labour party is an important exception – which I return to below). Moreover, when rebellious MPs dissent, they do it loudly and publicly when in government, but quietly and privately when in opposition. We find that the most rebellious MPs devote nearly three times as many parliamentary speeches to explaining their rebellious votes in government than they do when in opposition.

Take Phillip Hollobone, the Conservative MP for Kettering. During the 2010-15 coalition government, he was the most rebellious MP in the House of Commons, rebelling on 19.9% of total votes, a remarkable figure in Westminster where party cohesion is typically very high. He rebelled despite the fact that the vast majority of the government’s agenda moved policies in his preferred ideological direction. He was even willing to rebel against his party on votes containing core conservative principles, saying that they did not go far enough. In 2013, he went so far as to vote against the Queen’s speech. It was the first rebellion by government MPs against their own agenda since 1946. Hollobone, along with three other Conservative MPs, instead put forward an ‘alternative Queen’s speech’ outlining policies such as bringing back the death penalty, privatising the BBC, and banning the Burqa. But when the Conservatives were in opposition facing a Labour government, he rebelled against his own party leadership almost five times less, just 4.3% of the time. Why is this the case?

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The EU Withdrawal Bill: parliamentary prospects

The EU (Withdrawal) Bill received its second reading in the House of Commons by a relatively comfortable margin in the early hours of Tuesday morning. During the remainder of its parliamentary passage the government is likely to come under greater pressure, particularly on the issue of the delegated powers in the bill. On 13 September the BBC’s Mark D’Arcy and the Hansard Society’s Ruth Fox spoke about the prospects at the Constitution Unit. Alex Diggens and Jack Sheldon summarise what was said.

The European Union (Withdrawal) Bill looks set to be one of the most significant and controversial pieces of legislation to pass through parliament in recent memory. Ostensibly a bill to repeal the European Communities Act 1972 and manage the process of converting EU law into domestic law, the bill has far greater scope. It hands significant delegated powers to ministers, allowing them to make changes to remedy supposed ‘deficiencies’ in both secondary and primary legislation through statutory instruments (SIs) and to implement the eventual withdrawal agreement. It also has major implications for the devolution settlements, as outlined in a previous blog post.

In the early hours of Tuesday morning the bill received its second reading in the Commons by the relatively comfortable margin of 326 votes to 290. However, the upcoming Commons committee and report stages, as well as the bill’s passage through the House of Lords, are likely to pose much greater difficulty for the government. On 13 September the Constitution Unit held a seminar to discuss the prospects. Chaired by the Unit’s Dr Alan Renwick, the panel comprised two experts on the dynamics at play: Mark D’Arcy, the BBC’s Parliamentary Correspondent, and Dr Ruth Fox, Director of the Hansard Society.

Dr Alan Renwick introduces the seminar

Mark D’Arcy

Mark D’Arcy focused his remarks on the party-political landscape in relation to the bill and the key types of amendments that are being brought forward.

On the party-political landscape, D’Arcy argued that the bill’s passage will be a drawn-out battle, but one that the government go into reasonably confidently. He said that 10 Downing Street is working hard to keep open links with all of the Conservative factions, and that none of them is seeking to kill the bill. The Tory ‘Remain’ contingent in the Commons is small, and they recall the infighting during the Major years; they therefore recognise that actively fighting Brexit would be ‘career death’. D’Arcy suggested that ‘Bregretters’ might be a more accurate term for this group as they do not actually seek to prevent Brexit. The House of Lords have expressed significant reservations about the bill, notably through the influential Constitution Committee, but D’Arcy predicted that they will be constrained by not wanting to be seen fighting against ‘the people’.

As soon as the second reading vote went through the Commons, queues were forming to put amendments forward. The ‘Bregretters’ put down several, led by the former Attorney General Dominic Grieve. The focus of their amendments was on overseeing the technical operation of the bill, particularly on identifying which SIs require thorough parliamentary scrutiny. Another group of amendments comes from the Labour ‘Remain’ group. These tend to be more ambitious – they keep open options for the future, for instance the option to remain in the Customs Union, or perhaps even the European Economic Area. Other groups have more niche concerns – for example, some MPs are pushing to entrench specific rights provided by EU law.

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The electoral system for an English Parliament: options and implications

Ongoing Constitution Unit research is exploring options for an English Parliament. One essential question for such a body is the choice of electoral system. In this post Jack Sheldon and Meg Russell focus on the possible implications of using FPTP as compared to using AMS or another proportional system. They conclude that the choice of system would have substantial effects on an English Parliament’s likely political dynamics.

Since last autumn we have been working on a research project exploring the options for an English Parliament. Although there have been various calls over the last 20 years to establish such a body, how might it actually work in practice? One question that would need to be addressed is the choice of electoral system. In this post we focus on the possible implications of alternative systems.

Models for an English Parliament and likely electoral systems

Our research has identified two primary models for an English Parliament. Some proponents, including Conservative MPs John Redwood and Andrew Rosindell, want a ‘dual mandate’ body, whereby members of the UK House of Commons sitting for English constituencies would meet as the English Parliament on certain days. This clearly implies that members of the English Parliament would be chosen by first past the post (FPTP), at least so long as it continues to be used for UK general elections.

The alternative model is for a separately-elected English Parliament, equivalent to the existing devolved legislatures elsewhere in the UK. Proponents of this kind of change have generally said little about the choice of electoral system. FPTP has not been used for any new institutions in recent years and so a proportional system is more likely. AMS is used in both Scotland and Wales, and given these precedents it seems the most likely system to be adopted. A major part of the rationale for establishing an English Parliament is to bring more coherence and symmetry to the UK’s constitutional arrangements. UKIP’s 2017 election manifesto, which included a proposal for a separately-elected English Parliament, explicitly suggested that an English Parliament should be elected under AMS, while in correspondence  with the authors senior Campaign for an English Parliament figures have stated that ‘the electoral systems for all the devolved administrations should be the same’.

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