What did – and didn’t – the King’s speech say on the constitution?

Following the King’s speech on Wednesday, Lisa James assesses its pledges on the constitution, which included reforms to devolution, the House of Lords and government transparency. What should we expect to see in the new parliament’s first session, what might happen without legislation, and what might follow in future sessions?

At the state opening of parliament on Wednesday, the King’s speech laid out the government’s legislative programme for the current parliamentary session. Among the 40 bills announced were a number relating to the constitution – but various constitutional policies previously announced by Labour were omitted, at least for now. Some could be pursued by non-legislative means, while others may be set to follow in a later session.

What was included?

Perhaps the most substantial constitutional material in the King’s speech related to devolution. The government promises an English Devolution Bill which will, among other things, create a legislative framework for devolution, devolve further powers to local level, and reform governance arrangements. A separate bill will create new local powers relating to bus franchising. The new government’s intention to move quickly on English devolution was also demonstrated in a letter sent from Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government Angela Rayner to council leaders earlier in the week. Rayner reiterated the government’s commitment to widening and deepening devolution in England, and invited new devolution deal bids by the end of September.

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The unanswered questions posed by Labour’s plan for a new Ethics and Integrity Commission 

Labour’s manifesto proposes a new independent Ethics and Integrity Commission to oversee and enforce ethical standards in government, but offers no real detail on the remit and powers of this new body, or how it will fit into the wider standards landscape. Peter Riddell outlines some of the difficulties in designing the new Commission and argues that it is crucial that the country’s constitutional watchdogs are both independent of government and accountable to parliament.  

The familiar landscape of standards in public life could be about to change. The Labour manifesto proposes to ‘establish a new independent Ethics and Integrity Commission (EIC), with its own independent chair, to ensure probity in government’. This is a major part of its aim ‘to restore confidence in government and ensure ministers are held to the highest standards’. The pressures for changes in the standards regime have only been increased by the latest scandal over allegations of insider betting by mainly Conservative candidates and party officials on the election date. 

Yet while the direction of change is clear, there is still considerable uncertainty about how the new EIC will work, what its powers and remit will be, what its relations will be both with the main constitutional watchdogs and, in particular, with the Committee on Standards in Public Life (CSPL). There is a need for much greater clarity if the new arrangements are to work. Labour has also made separate proposals on the powers of some of the regulators. 

There are all kinds of models for an EIC. Public comments by Shadow Cabinet member Nick Thomas-Symonds before the election indicate that Labour has rejected a super-regulator combining some or all of the current constitutional watchdogs, which anyway perform very different functions. This points to an umbrella organisation, which would be headed by a new independent chair. It is important for public credibility and accountability that this new chair is chosen as a result of an open public competition which could be held in the late summer or early autumn after the role and remit of the EIC have become clearer.  

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Standards in the 2024 party manifestos

The main party manifestos for the forthcoming general election have now been published, allowing exploration and comparison of their constitutional proposals. In this fifth post in a series on the manifestos, Lisa James looks at the parties’ policies on the standards system. What do they propose, what should they consider, and what might be missing? 

Standards scandals were a frequent feature of the 2019–24 parliament; MPs, ministers and even a Prime Minister were forced to resign amid controversy. In this context, expert bodies probed the strengths and weaknesses of the current system and suggested improvements, with major reports published by the Committee on Standards in Public Life (CSPL), House of Commons Public Administration and Constitutional Affairs Committee, Boardman Review into the Greensill lobbying scandal, House of Commons Standards Committee, Institute for Government, UK Governance Project and Constitution Unit. And public opinion research revealed a strong appetite for reforms to enforce high ethical standards. Coming into the 2024 general election, political parties had both the impetus to take standards reform seriously, and no shortage of recommendations for how to achieve it. 

This blogpost assesses the manifesto commitments on reforming ministerial and parliamentary standards made by the Labour Party, Liberal Democrats, Green Party and Reform UK, with most of its material coming from the former two. The Scottish National Party does not address standards at Westminster; Plaid Cymru’s key pledge, on criminalising lying by politicians or candidates, was addressed in a previous post. And strikingly, given the party’s experiences in the last parliament, the Conservative manifesto makes no mention of standards at all. 

An Ethics and Integrity Commission? 

The most significant pledge in the Labour manifesto is to create a new Ethics and Integrity Commission. This policy has been well-trailed, and was the centrepiece of two major speeches by Angela Rayner in 2021 and 2023. But the manifesto gives scant detail on the commission’s remit and scope, saying only that it will have a brief to ‘ensure probity in government’. 

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Constitutional watchdogs: restoring the role

Unit research shows that the public cares deeply about ethics and integrity in public life. Many constitutional and ethical watchdogs exist: there is a consensus that they need strengthening, but not on how, or to what extent. Robert Hazell and Peter Riddell have produced a new report on how to reinvigorate these watchdogs: they summarise their conclusions here.

This week we have published a new report, Trust in Public Life: Restoring the Role of Constitutional Watchdogs. It comes at an important juncture, when public trust in politicians has fallen to an all-time low. There is a wealth of evidence from survey data about the decline in trust; not least from the Constitution Unit’s own surveys, as part of our Democracy in the UK after Brexit project. Those surveys show that the public value honesty in politicians above qualities like being clever, working hard or getting things done; but only 6% of the public believe that politicians who fail to act with integrity are dealt with effectively. There is an urgent need to repair and rebuild the system for upholding standards in public life if trust in politicians is to be restored.

Constitutional watchdogs are the guardians of the system for upholding standards. The Unit has long had an interest in them, from one of our earliest reports in 1997 to one of our most recent, on parliament’s watchdogs published in 2022. This new report is complementary to the one on parliament, in studying the watchdogs which regulate the conduct of the executive. They are the Advisory Committee on Business Appointments (ACOBA); the Civil Service Commission; the Commissioner for Public Appointments (OCPA); the Committee on Standards in Public Life (CSPL); the House of Lords Appointments Commission (HOLAC); the Independent Adviser on Ministers’ Interests; and the Registrar for Consultant Lobbyists.

A series of official and non-governmental reports have all agreed that these watchdogs need strengthening; but there is less agreement on how, or by how much. That is the gap that our report is intended to fill. It sets out a range of strengthening measures, in detail, for implementation early in the next parliament. Early action is possible because most of our recommendations do not require legislation.

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Positioning for the next election

Today, the Unit published Monitor 85providing analysis of constitutional events over the last four months. It covers a continuing crisis of parliamentary scrutiny and political standards, a string of avoidable by-elections, the continuing stalemate in Northern Ireland, SNP travails in Scotland, electoral reform in Wales, and a failed referendum campaign in Australia. This post, which also serves as this issue’s lead article, outlines how the government and its opponents are starting to draw the battle lines for the next general election against a background of constitutional change and challenges throughout the United Kingdom.

Rishi Sunak marked his first anniversary as Prime Minister on 25 October. The legacy of his predecessors continued to dog him over the summer. Boris Johnson’s resignation from parliament in June – covered in the last issue of Monitor – triggered a by-election in his constituency of Uxbridge and South Ruislip. The Conservative Party hung on there, but lost four other by-elections in safe seats, three of which were called due to reasons related to Johnson’s departure. Meanwhile, the Covid-19 inquiry revealed what many saw as chaos at the heart of government.

Sunak sought to reset his image in September, as a Prime Minister focused on making the right long-term decisions. He acknowledged that ‘people in our country are frustrated with our politics’, saying, ‘I know that they dislike Westminster game playing, the short termism, and the lack of accountability.’ He pledged ‘a wholly new kind of politics’ with ‘space for a better, more honest debate about how we secure the country’s long-term interest.’ Announcing a shift in net zero policy, he added, ‘in a democracy, we must also be able to scrutinise and debate those changes’.

These were virtuous sentiments, chiming strongly with much of what defenders of core democratic and constitutional principles have been pressing for in recent years. But aspects of the speech appeared to undermine them. Some dropped policies had never actually existed. Sunak’s call for accountability and scrutiny was delivered on the first day of a parliamentary recess, leaving MPs unable to question him on his plans for almost a month. The Commons Speaker, Lindsay Hoyle, responded with a sharply worded rebuke.

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