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 May easily cleared the bar of two thirds of all MPs voting for the snap election and if the Act is repealed it will be remarked that it served little purpose.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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Updates from Canada: don’t call it constitutional reform

andrew-cookIn October 2015 a Liberal government took office in Canada with commitments to both electoral and second chamber reform. In this post Andrew Cook provides an update. He reports that so far Senate reform has made the greater progress: following the introduction of a new appointments process, a plurality of Senators are now independents. Although a special parliamentary committee has considered options for electoral reform it remains unclear whether the government will be able to make good on its pledge that future federal elections will be conducted under a system other than first-past-the-post.

The government of Justin Trudeau came to power in October 2015 with a wide-ranging platform that included several propositions touching on the operations of the Canadian constitution. As was outlined on this blog at the time, the proposals range from introducing a dedicated Prime Minister’s Question Period in parliament, to reforms of the electoral process that would increase the autonomy of the Chief Electoral Officer and create an independent commission to organise leaders’ debates during election campaigns. The two most significant, and politically challenging, reforms proposed by the Liberal government were a focus of its agenda in 2016. Both electoral reform and reform of Canada’s second chamber, the Senate, have advanced since October 2015 but in different ways. It is worth reviewing the current state of reform in light of the recent developments on both these files.

Senate reform

Reform of Canada’s appointed Senate has long been discussed, and re-emerged as a key issue in the last federal election as a result of a Senate expenses scandal that eventually led to the resignation of then Prime Minister Stephen Harper’s chief of staff.

Harper’s own relatively modest proposals for reform were previously deemed fundamental to the country’s constitutional framework, and therefore requiring substantial provincial consent, so he abandoned them and simply stopped appointing Senators.

The recent return to constitutional debate, which dominated almost two decades of Canadian political life, has not brought with it a renewed interest in reforming the written constitution. Justin Trudeau has repeatedly stated that he does not want to re-open the constitution, which he rightly fears ‘would require protracted constitutional discussions with the provinces.’ Hence rather than considering large-scale Senate reform, such as introduction of elections, Trudeau has created an Independent Advisory Board on Senate Appointments – an attempt to move towards a non-partisan and merit based appointment process. The board selects five candidates for each Senate vacancy, with the Prime Minister making the final decision on who is appointed.

Because there were so many vacancies left by Harper (22 out of the total 105 Senate seats), new appointments by Trudeau resulted in a plurality of Senators being independents by November 2016. They will work together on matters of Senate rules and logistics but will otherwise vote independently. This new reality will have major impacts on both the operation, and role, of the Senate.

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