Enacting the manifesto? Labour’s pledges and the reality of a hung parliament

professor_hazell_2000x2500_1.jpgmeg_russell_2000x2500.jpgMedia coverage in this election has been dominated by the Conservatives and Labour, and their competing policy plans. But a key difference between the parties is that, while a Conservative majority government is clearly possible based on the polls, a Labour majority government is not. Hence a Labour-led government would need to negotiate its policy with other parties, which would soften its stance. Robert Hazell and Meg Russell reflect on the lack of coverage of these questions, and what a Labour-led government would actually look like – in terms of personalities, policies and style.

Consistent opinion poll evidence during the general election campaign suggests that there are two possible outcomes: a majority Conservative government led by Boris Johnson, or a hung parliament. In the event of the latter, Johnson might still remain Prime Minister, but he has few allies – even having alienated Northern Ireland’s DUP. So a hung parliament might well result in a government led by Labour, even if the Conservatives are the largest party. But one thing is clear: nobody is really expecting a Labour majority government. 

Consequently, particularly as the polls have failed to shift into majority Labour government territory during the campaign, it is strange that so little attention has been given to the question of what a Labour-led government might actually deliver in policy terms. To navigate policy through a hung parliament this would need to be accepted by other parties. In some areas – notably the commitment to a referendum on Brexit – the parties agree; but in other areas there may be less agreement. So whilst significant attention has been paid to the radicalism of Labour’s manifesto, a hung parliament – which might lead to a minority Labour government, or less likely (given statements from the Liberal Democrats and SNP) a formal coalition – would inevitably result in some dilution. As noted in the Constitution Unit’s 2009 report on minority government, hung parliaments ‘[entail] a greater degree of compromise and concession than leaders of governments at Westminster are used to’.

Thus focus on Labour’s economic policy – such as its tax or nationalisation plans – might usefully have been tempered by journalists asking questions of the other parties about the extent to which they would accept such plans, or how they might be softened as a result of negotiation. In a country where hung parliaments are more frequent, debate about the likely compromises between parties would be far more upfront during the campaign. Instead, the UK’s legacy of single-party majority government (notwithstanding the fact that this situation has applied for just two of the last nine years) has led to parties and journalists alike avoiding such questions. This, in turn, risks leaving the public ill-informed about the real prospects post-election. Continue reading

Ten things you need to know about a hung parliament

professor_hazell_2000x2500_1.jpgimage1.000.jpg.pngWe know there will be an election on 12 December, but the outcome, in terms of parliamentary seats and who will form the next government, remains uncertain. Robert Hazell and Harrison Shaylor answer some of the key questions about what happens if the election creates another hung parliament.

With an increasingly volatile electorate, and uncertain forecasts in the polls, it is possible the 2019 election will result in another hung parliament. Although bookmakers currently have a Conservative majority as comfortably the most likely election result, and the Conservatives are currently polling around 11 points ahead of Labour, a hung parliament is by no means out of the question. It would be the third hung parliament in four general elections. This explains what lessons can be learned from our previous experience of hung parliaments at Westminster and around the world. It addresses questions such as how a new government is formed, how long formation of that government will take, what kinds of government might emerge, and what the most likely outcomes are.

How common are hung parliaments in other countries?

In most democracies across the world, single party majority governments are the exception. Whereas the ‘first-past-the-post’ (FPTP) voting system used in the UK has had the tendency to encourage adversarial two-party politics and majority government, this is far from a default setting. Proportional representation tends almost always to produce coalitions: many countries in Europe currently have a coalition government.

Recent years have shown that, even in countries using FPTP, hung parliaments can occur quite frequently. In Canada, whose parliament uses the same electoral system as Westminster, there were 10 minority governments in the 20th century. There have already been four since 2000, including the incumbent minority government led by Justin Trudeau, formed after the Liberals lost their majority in the October 2019 federal election.

What is the experience of hung parliaments at Westminster?

Screenshot_20191126-180614_Word

Westminster has more experience of hung parliaments than is generally recognised. There were 20 governments in Westminster in the 20th century: four were coalitions, and six were minority governments. But single party majority governments dominated after the Second World War. The 2010 coalition government was the first since 1945 and the product of the first hung parliament in 36 years. Since 2010, however, two out of three general elections have produced hung parliaments (and the fact that David Cameron’s Conservatives succeeded in obtaining an absolute majority in 2015 was a surprise). Continue reading

Politics, courts and the UK’s single market

image_preview.jpgBrexit is likely to pose numerous legal questions about how the various parts of the UK relate to each other once the UK leaves the EU. Deborah Mabbett argues that the recent Supreme Court decision on prorogation is therefore unlikely to be the last time the judiciary is called upon to decide a matter related to Brexit.

Even among those who welcomed the Supreme Court’s decision on the prorogation of parliament, there has been concern that it has entered into dangerous new territory. It might have been forced there by a Prime Minister who failed to observe convention, or by a parliament that resiled from its duty to remove a government which has no majority, but forced it was, and this is a source of concern and regret. Several commentators have argued that the decision paves the way for a nasty and unpredictable election structured around a populist opposition of courts and parliament versus ‘The People’, and indeed those who see Dominic Cummings as an evil genius fear that this was the intention of the prorogation in the first place.

For those seeking a calmer view, the Court is clear in its self-assessment that, far from entering new territory, it is firmly placed on ground it has held all along. It has upheld the rule of law, in the specific sense of imposing limitations on arbitrary authority. This is the daily bread and butter of administrative law, of which there is a great deal more than excitable commentators seem to realise. Below the public gaze, the courts have dug in their heels over countless daily exercises of executive power, including the mistreatment of immigrants, the removal of welfare rights and the denial of access to justice. True, the arbitrary power challenged in these cases is not exercised by the contemporary king—the Prime Minister—but by the agents and minions of the state. Escalating the level of scrutiny to the actions of high political figures makes the prorogation decision a matter of constitutional rather than administrative law, but law it is.

On what grounds can it be claimed that the Supreme Court’s decision is ‘political’? The domains of law and politics cannot be defined by their subject matter, which clearly overlap across great swathes of social issues. We must look instead for differences in method and modes of reasoning. The characteristic method of politics is the structured antagonism of government and opposition, organised around the general political orientations of left and right. The belief that the Court had made this kind of decision seems to be behind the claim of Toby Young and Douglas Carswell, among others, that the prorogation judgment calls for action to ferret out and expose the partisan leanings of the justices. Yet left and right partisanship was obviously beside the point in the decision. Continue reading

Five key questions about a further Brexit referendum

alan.jfif (1)meg_russell_2000x2500.jpglisa.james.resized.staff.webpage.jpg (1)Proposals for another Brexit referendum will be at the heart of the election campaign and it is therefore important that the viability of politicians’ plans are thoroughly tested. Drawing on recent research, Alan Renwick, Meg Russell and Lisa James here set out five key questions. They suggest that Labour’s plans for a referendum within six months are challenging, though not necessarily impossible. A poll which pitted Boris Johnson’s deal against Remain would be simpler and quicker, avoiding additional negotiation time. This would also have the advantage of enhancing the referendum’s legitimacy among Brexit supporters. 

The parties are finalising their election manifestos, and several will propose a further referendum on Brexit. These policies will come under close scrutiny during the campaign. This post draws on and updates a detailed report published by the Constitution Unit last year. It sets out the possible routes to a further Brexit referendum, the key choices that would need to be made, and the possible consequences of those choices. It finds that a referendum between Boris Johnson’s deal and remaining in the EU would be both the simplest, and the quickest, option.

How would a referendum come about?

The major unknown – and unknowable – factor at this stage is the outcome of the general election. It is impossible to predict post-election parliamentary arithmetic with any confidence, but it will have a material effect on the probability and form of a referendum.

There are three main possibilities. The first is a Conservative majority, under which a referendum is very unlikely to take place. The second is a Conservative minority government, which might accept a confirmatory referendum as the price of passing its Withdrawal Agreement. The third is a Labour-led government: either a majority government, or a minority government supported by smaller pro-referendum parties. Under this scenario, the Labour leadership proposes to negotiate a new deal with the European Union, and to offer a referendum between their deal and Remain. Continue reading

Parliament, spin and the accurate reporting of Brexit

lisa.james.resized.staff.webpage.jpg (1).pngmeg_russell_2000x2500.jpgParliament has been the site of many of the key Brexit battles, and political journalists play a vital role in reporting such developments and holding politicians to account. But unfamiliarity with the workings of parliament can leave them vulnerable to spin. Lisa James and Meg Russell argue that when it comes to key aspects of parliamentary procedure, the present climate of anonymous briefings and counter-briefings may make reporters’ traditional sources less trustworthy than usual. But there are other sources to which they can, and should, be turning.

Parliamentary reporting has rarely been more exciting or important. From the ‘meaningful votes’ on Theresa May’s Brexit deal to the first Saturday sitting since 1982, parliament has been the site of ever-more suspenseful Brexit episodes. These have been narrated and analysed by reporters in real time – and followed by record audiences.

Recent weeks have seen a growing chorus of concern about the relationship between the Johnson government and the media, with the perceived misuse of anonymous briefing and spin coming under pointed criticism from senior journalists and former Conservative MPs. In this environment, parliamentary battles and controversies pose particular challenges for journalists. The more politics is played out in parliament, rather than around the cabinet table or in TV studios, the more important an understanding of parliamentary procedure becomes.

Raw politics of course is important in driving parliamentary outcomes. But parliamentary procedure sets the framework within which political questions are negotiated and resolved. It can determine which actors will have most influence and when. Hence if journalists misunderstand procedure, or are deliberately misled, they risk misrepresenting which political outcomes are likely to happen, and indeed which are even possible. Continue reading