Partygate illustrates the fundamental constitutional responsibility of government MPs

Boris Johnson and his Chancellor have now been fined for breaking lockdown restrictions. Both have misled parliament over Downing Street parties. These are clear breaches of the Ministerial Code, which should lead to resignation. If the PM refuses to police the Code, says Meg Russell, that constitutional responsibility rests with MPs. A failure to exercise it would seriously undermine both the integrity of, and public trust in, the democratic system.

The Prime Minister and Chancellor of the Exchequer have been issued fixed penalty notices for breaching COVID-19 lockdown rules over parties in Downing Street. This means that they have broken the Ministerial Code on two counts. Paragraph 1.3 emphasises ‘the overarching duty on Ministers to comply with the law and to protect the integrity of public life’. But the police have concluded that the law has been broken. Paragraph 1.3c of the Code then states that:

It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister.

But it has been clear for some time that Johnson breached this rule, by repeatedly insisting in the House of Commons that all regulations were followed, and denying knowledge of Downing Street parties, when it subsequently emerged that he had attended such gatherings. Multiple sources have catalogued these denials. Rishi Sunak also said on the parliamentary record that he ‘did not attend any parties’.

But the final line of paragraph 1.3c is the rub. While both of these forms of breach would normally be considered resigning matters, the ultimate keeper of the Code is the Prime Minister himself. He has already faced down criticism over failing to uphold it in the case of bullying allegations against Home Secretary Priti Patel, which led to the resignation of the Independent Adviser on Ministers’ Interests. Both Johnson and Sunak have insisted that they are not going to resign, indicating that the Prime Minister is once again setting aside the Code – this time over multiple breaches, which are highly publicly salient.

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The House of Lords amendment to the Dissolution and Calling of Parliament Bill returns appropriate power to MPs: they should accept it

The House of Lords has amended the government’s Dissolution and Calling of Parliament Bill to require House of Commons approval for early general elections. Tom Fleming and Meg Russell explore what MPs should consider when the bill returns to the Commons. They argue that the Lords amendment deserves support, as it provides an important limit on Prime Ministers’ power to call early elections, and avoids drawing either the monarch or the courts into political controversy.

Background

The Dissolution and Calling of Parliament Bill seeks to change how early general elections are called in the UK. Specifically, it aims to restore the Prime Minister’s control of election timing, by repealing the Fixed-term Parliaments Act 2011 (FTPA).

Before 2011, general elections were required at least every five years. However, the Prime Minister could ask the monarch to dissolve parliament during that period, resulting in an earlier election. The FTPA removed this personalised power, and instead handed control to the House of Commons. Under its provisions, early elections would occur only if two-thirds of all MPs voted to support one, or if the Commons expressed ‘no confidence’ in the government and no government could regain confidence within two weeks. Subsequently, in 2019, the two-thirds majority was shown to be unenforceable, when Boris Johnson presented the Early Parliamentary General Election Bill. This temporarily overrode the FTPA requirement in order to stage the December general election, and both the Commons and the Lords supported it.

The government is now seeking to permanently reverse the FTPA with the Dissolution and Calling of Parliament Bill. This bill passed through its Commons committee and remaining stages in little over two hours last autumn, with limited opportunity for detailed consideration, and was approved without amendment. However, it has since faced more extended scrutiny in the House of Lords.

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