LGBT candidates in UK elections: how much has changed?

On March 6 the Constitution Unit hosted a panel discussion on LGBT candidates in UK elections, exploring the UK parliament’s evolution to including more openly LGBT politicians than any other state legislature. The panel, chaired by Dr Jennifer Hudson, consisted of Professor Andrew Reynolds and four of the UK’s most prominent LGBT politicians: Angela Eagle, Baroness (Liz) Barker, Nick Herbert and Joanna Cherry. Evangelina Moisi reports.

Introducing the seminar on LGBT candidates in UK elections, Professor Andrew Reynolds posed a question to the audience: why do people care about the sexual orientation of candidates and elected officials any more? Over the past few decades, the UK has undergone major transformations in its treatment of LGBT citizens, including abolishing Section 28 in 2003 and legalising gay marriage in 2013. The UK parliament has also become the most inclusive parliament for LGBT representation in the world, with 39 ‘out’ LGBT MPs. Despite this political (r)evolution Reynolds suggested that not everything is settled: homophobia and transphobia are still significant in today’s society and present challenges for both adults and children in navigating their everyday lives.

This seminar provided the opportunity to understand the perspectives and narratives of those who have lived through this experience. Reynolds underscored that as ‘out’ LGBT politicians the members of the panel have all overcome significant hurdles to transform political life, values, and the laws of today.

Professor Andrew Reynolds

Opening the seminar, Reynolds presented highlights from some of his research, noting that the number of LGBT parliamentarians is still a tiny slice of the world’s representation. Only 0.4% of the 46,000 parliamentarians around the world identify as LGBT. However, the parties with significant representation in the House of Commons are among the most LGBT inclusive in the world – the Conservatives and Labour have 17 and 14 LGBT MPs respectively, whilst the SNP’s 8 (out of 54 MPs) makes them the ‘gayest’ parliamentary group in the world. Reynolds further elaborated that right-of-centre parties have actually overtaken left-of-centre parties in terms of LGBT MPs, in the UK and around the world. Gay rights have become less of a partisan issue, with conservatives becoming socially liberal but remaining economically conservative.

At the 2015 UK general election 154 LGBT candidates standing in England, Scotland, and Wales, enabling Reynolds to explore whether being an LGBT candidate was still an electoral liability. His research found that LGBT candidates did not perform worse than their straight colleagues and, perhaps surprisingly, gay candidates performed better in rural areas (a 2% boost). He also found that LGBT candidates did only slightly worse in areas with high Muslim populations. At the party level, LGBT Labour candidates performed better than their straight counterparts whereas LGBT Conservative candidates performed much better than their straight counterparts in winnable Conservative seats.

On a final note, Reynolds discussed Chris Smith’s ‘coming-out’ in 1984. Whilst the moment was greeted with a media backlash at the time, Smith is now the Master of Pembroke College, Cambridge and has returned to the highest echelons of British society as a gay, HIV-positive man. Reynolds emphasised that such dramatic changes in political life have been driven by the likes of Smith and the LGBT politicians present on the panel.

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Monitor 65: Testing constitutional times

The latest issue of Monitor, the Constitution Unit’s regular newsletter, has been published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has included the High Court and Supreme Court rulings in the Article 50 case, the unveiling of Theresa May’s Brexit plan and the election of Donald Trump as President of the United States, plus much else besides. The front page article is reproduced here. You can read the full issue at this link

monitor-65-coverPolitics remains fast-moving. Its unexpected turns have raised fundamental questions about the constitutional order, in the UK and beyond – including the rightful place of voters, elected legislators, governments and judges in political decision-making – as well as the media’s role in questioning those decisions.

Here, Brexit remains the dominant preoccupation. The previous issue of Monitor reported how ‘ministers have repeatedly insisted that they are in charge of the Brexit negotiations and that to reveal their hand to parliament in advance would weaken their negotiating position’. A lot has changed since then.

Following rulings by the High Court on 3 November, and Supreme Court on 24 January, ministers had to accept that they require parliamentary approval to trigger Article 50; at the time of writing, the European Union (Notification of Withdrawal) Bill has now passed through the Commons and awaits scrutiny in the Lords (see page 3). Even before the bill’s introduction, the government had conceded (in December) that its Brexit plan would be published prior to triggering Article 50, and (in January) that this would include a white paper – commitments necessary in order to see off potential Commons defeats. With help from the courts, parliament has rediscovered some of its teeth.

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We need to talk about our democracy

me 2015 (large)Meg-RussellRecent days have seen ferocious attacks against the roles of both judges and parliamentarians in our democratic system. Alan Renwick and Meg Russell write that this assault is just the latest in a series of signs that the quality of our democracy is under threat. In light of this they argue for concerted efforts to defend that democracy: by pushing back hard against immediate challenges to the rule of law, resisting the lures of populism, and listening to those tempted by populist and anti-political rhetoric.

Thursday’s High Court ruling on Article 50 (assuming it is confirmed by the Supreme Court), means no more than that the government cannot legally begin formal Brexit negotiations without parliament’s consent. The judges did not question the validity of the referendum result or try to block the UK’s withdrawal from the EU – they just clarified the law. Parliament – as demonstrated by many MPs’ reactions – will almost certainly feel politically bound to respect the referendum outcome and authorise the Article 50 trigger.

Yet, as is now well known, the judgement has unleashed a wave of vitriol from parts of the press, from some politicians, and even from certain government ministers. The Daily Mail labelled the judges who delivered the ruling as ‘enemies of the people’. The Telegraph presented the issue as one of ‘judges vs the people’. Nigel Farage talks of a ‘great Brexit betrayal’. The Communities Secretary, Sajid Javid, referred to the case as ‘a clear attempt to frustrate the will of the British people’. Hearing such reactions, many ordinary citizens are understandably outraged by what they perceive as the scheming duplicity of an arrogant governing elite.

This gross overreaction is deeply worrying and potentially dangerous. We tend to presume that the democratic system in the UK is rock solid. Yet the democracy indices produced by the Economist Intelligence Unit and Freedom House have charted declining democratic quality in recent years in many long-standing democratic countries, including Austria, Belgium, and the Netherlands. In the United States, commentators and senior political scientists are greatly troubled by how Donald Trump’s behaviour and rhetoric of rigged elections could weaken the foundations of the democratic system. Democracy faces similar challenges here in the UK too. In light of this, we need to cool the passions and encourage a national conversation about what democracy is and what sustains it.

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Monitor 64: Brexit and the transformation of British politics

The latest issue of Monitor, the Constitution Unit’s regular newsletter, has been published today. The issue covers all of the major UK constitutional developments over the past four months, a period of major political and constitutional upheaval following the EU referendum result on 23 June. Unsurprisingly Brexit and its implications feature prominently. The front page article is reproduced here. You can read the full issue at this link

The months since the previous issue of Monitor was published on 9 June have been the most dramatic in post-war UK political history. The unexpected victory for Leave in the referendum on the UK’s EU membership sent shockwaves throughout the political system.

Within three weeks of that vote, David Cameron had left Downing Street and been replaced as Prime Minister by Theresa May. Three quarters of Labour MPs had voted no confidence in their leader, Jeremonitor-octobermy Corbyn – and yet he sat tight, in open defiance of the traditional norms of parliamentary democracy. UKIP and the Green Party had both also entered leadership contests. Nicola Sturgeon had declared that a second referendum on Scottish independence was now ‘highly likely’.

Much of this issue of Monitor deals with the aftermath of the Brexit vote, including its implications for Westminster (see pages 2–3), Whitehall (page 6), the devolved administrations (page 10–11) and the EU (page 13). We also explore ongoing debates regarding the conduct of the referendum itself (pages 7–8). This introduction draws out five major constitutional themes.

First, the referendum and its aftermath demonstrate that popular sovereignty, not parliamentary sovereignty, is now the central principle of the UK constitution. The doctrine that parliament is the ultimate sovereign power in the UK (or, at least, in England – Scottish nationalists discern a different heritage north of the border) was asserted by the nineteenth-century constitutional theorist A. V. Dicey. The emergence of referendums since the 1970s had eroded that principle. The referendum in June, however, was the first in which the popular vote went against the clear will of the majority in the House of Commons. That most MPs feel bound to accept that decision shows where ultimate power in UK politics actually lies. There has been great debate over the summer as to whether parliamentary approval is needed to trigger Article 50 of the Lisbon Treaty and begin formal talks on Brexit (see page 12). But this has been something of a sideshow: even if the courts deem that parliament’s consent is needed, it is all but certain to be granted.

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Party conferences and Brexit

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Party conference season presented an opportunity for each of the political parties to set out their responses to the EU referendum result. Unsurprisingly, there were major differences between their respective visions for the post-Brexit landscape. Whilst the Liberal Democrat and Green leaders called for a second EU referendum, and the SNP promised a draft bill for a second independence referendum, at the Conservative conference the Prime Minister vowed to ‘get on with the job’ of negotiating Brexit. Ailsa McNeil offers an overview.

Following a long summer of uncertainty, with only Theresa May’s vague and much repeated statement that ‘Brexit means Brexit’ offering any semblance of clarity, conference season was a chance for Britain’s political parties to outline their post-referendum strategy. Of the main UK-wide parties the Greens were first to hold their conference, from 2–4 September, followed by UKIP on 16 and 17 September and the Liberal Democrats from 17–20 September. Labour’s conference was held in Liverpool from 25–28 September, whilst the Conservatives gathered in Birmingham from 2–5 October. Finally, the SNP conference took place in Glasgow from 13–15 October.

Conservative

Brexit dominated the Conservative conference. As well as the usual party leader’s speech to close the conference, Prime Minister Theresa May also delivered a speech focused on Brexit on the opening day.  She firmly dismissed the demands for a second referendum and promised to ‘get on with the job’ of negotiating Britain’s exit from the EU, pledging to invoke Article 50 by the end of March 2017.

In defiance of a legal challenge aiming to prevent the government from triggering Article 50 without parliament’s consent and of a large number of MPs and peers who have called for a parliamentary vote, the Prime Minister told the conference that it is ‘up to the government to trigger Article 50 and the government alone’. Although not unexpected –  in August she indicated that no parliamentary vote would be held – May’s stance is at odds with a considerable body of legal opinion, contending that such a move would both expand the royal prerogative arbitrarily and subvert parliamentary democracy (by undermining the express intention of the legislature, as expressed in the European Communities Act 1972).

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The 2016 Labour leadership election in comparative perspective

Scott Pruysers Bill_Cross2 photo JB-2015-2

The Labour Party’s current leadership crisis is in part a product of its inclusive rules for leadership elections. In this post Scott Pruysers, William Cross and Jean-Benoit Pilet consider these rules in comparative perspective. Drawing on a study of more than 70 parties from 13 countries they show that the Labour Party’s leadership election rules are somewhat unusual in being highly inclusive, whilst also affording parliamentarians a special role as gatekeepers. Some members of Labour’s parliamentary party may regret not taking the gatekeeper function more seriously in 2015.

As a result of a landslide vote of no confidence in Jeremy Corbyn among his parliamentary colleagues (172 to 40), the Labour Party is in the process of selecting a party leader for the second time in two years (a relatively rare occurrence in leadership politics). The results of what can be labelled as a ‘semi-open primary’ between incumbent party leader Corbyn and his challenger Owen Smith will be announced on September 24.

The rules for the current leadership election, similar to those used to select Corbyn in 2015, are relatively straightforward. Corbyn, as the sitting party leader, is automatically included as a contestant in the leadership election. Challengers, by contrast, are required to be ‘nominated’ by at least 20 per cent of the parliamentary party/European parliamentary party (i.e., MPs and MEPs). Once nominated, voting is open to dues paying party members, affiliated supporters (members of an affiliated trade union or socialist society), and registered supporters. More than 640,000 party members and supporters are eligible to cast a ballot.

While there are some minor barriers to participation – registered supporters, for example, must pay £25 to be eligible to vote – the entire process is rather inclusive. Interested individuals need only pay their fee and register on time in order to cast their ballot for the Labour leader. How common is the UK Labour leadership selection method, and how open and inclusive is the selection process when we put it in a comparative perspective?

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Rules matter: why the current Labour crisis is not (only) about ideology

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The Labour Party’s current crisis is often characterised as an ideological dispute between the Parliamentary Labour Party and a membership that is significantly more left-wing. But, as Javier Sajuria demonstrates, it is hard to stand this up. The ideological distance between Labour members and MPs is in fact smaller than that between Conservative members and MPs. To explain why many are now suggesting that Labour is on the verge of splitting it is necessary to look at party rules as well as ideology.

The situation within the Labour Party has been described by many as a dispute between the Parliamentary Labour Party (PLP) and the membership. The en masse resignations from the shadow cabinet, followed by a vote of no confidence from 81 per cent of MPs, shows that Jeremy Corbyn has lost the trust of his peers (or perhaps he never really managed to obtain it in the first place). Labour activists, particularly those grouped around the Corbyn-supporting Momentum, accuse the PLP of betraying the party and lining up with the right-wing. On the other hand, MPs respond by pointing out that voters, and not members, elected them and that they have a mandate to protect the party from oblivion.

Regardless of how relevant it might seem under the current situation, the ideological distance between members and party elites is not a new interest for political scientists. John May’s curvilinear disparity law explains that more active members are usually more ideologically extreme than MPs and voters. As Meg Russell states in her book Building New Labour, there is a limit to how much a leader (or in this case party elites) can steer a party’s position to the left or right. Therefore, we could expect that a widening gap between members and the MPs may result in a difficult situation for the party, or even an eventual split. With that in mind, I set out to investigate – in a very preliminary way – if this ideological gap can explain Labour’s crisis, and if not, what are the alternative theories.

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