Standards in public life: are we in a post-Nolan age?

In 1995, the Nolan report established ‘Seven Principles of Public Life’. Twenty-five years later, questions have been raised about the continuing relevance of the Nolan principles. Lord (Jonathan) Evans of Weardale, Chair of the Committee on Standards in Public Life, argues here that although we are not not yet living in a ‘post-Nolan’ age, there are reasons for real concern.

In recent months we’ve heard a new phrase used by academics, commentators, and members of the public who have an interest in public standards. That phrase is a ‘post-Nolan age’. 

The sentiment is encapsulated in an email sent to my Committee’s mailbox earlier this year. A member of the public told us they ‘feel a great sadness that the moral framework which has guided British public life for the past quarter century appears to be well and truly over’.

The email referred to the growing perception that those in public life no longer feel obliged to follow the Nolan principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership – otherwise known as the Seven Principles of Public Life

These principles have long underpinned the spirit of public service in this country, and were first formally articulated in Lord Nolan’s seminal 1995 report – the first from the Committee on Standards in Public Life, of which I am now Chair.

Since 1995 it has been increasingly accepted that anyone in public service should act in accordance with the Seven Principles. The Principles apply to ministers and MPs, all civil servants, local government officials, public bodies, the NHS, agencies as well as private companies and charities delivering services on behalf of the taxpayer. The Principles are not a rulebook but a guide to institutional administration and personal conduct, and are given a hard edge when they inform law, policy, procedure and codes of conduct. 

In their essence, the Seven Principles are there to govern the legitimate use of entrusted power in public life. All of us in public life, whether through democratic election or public appointment, have some degree of power afforded to us on the public’s behalf, whether it is the power to make decisions on benefits, to spend money on schools, to legislate to protect public health or to influence debate. This power is lent to us to be used for the good of the public.

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The 2019 election campaign shows that abuse, harassment and intimidation of candidates is getting worse, especially for women

The 2019 general election saw more women run for (and win) seats in the House of Commons than ever before. However the level of abuse those women received was also higher than ever, and affected them disproportionately compared with men. Sofia Collignon explains what we can learn from the data about the experience of female candidates.

After parliament voted in November 2019 to trigger an election – which took place in December – a record number of women presented themselves for office, as 37% of candidates were female. This is an improvement of eight percentage points over the number of women standing just two years earlier, in 2017 (29%). Perhaps more relevant is that a record number of female candidates actually went on to become MPs (220), comprising 34% of the total number of members of the House of Commons (+5%) and making up a majority of both Labour and Liberal Democrat MPs. The increase in the number of women standing for office and winning a seat is undeniable progress for the representation of women in the UK. But this positive scenario becomes more pessimistic if the violence experienced by women in politics is considered.  

Drawing on data from the Representative Audit of Britain (RAB) survey of 2019 candidates, this blog post summarises the degree to which women and men candidates suffered harassment and intimidation while campaigning for the 2019 general election in the UK and the nature of the abuse they experienced. It shows that women are distinctly affected by abuse, harassment and intimidation in two ways: the frequency of the abuse and the motivation behind it. 

The frequency of abuse

The analysis of RAB 2019 responses indicates that 49% of candidates reported that they suffered some form of abuse, harassment or intimidation while campaigning. This is an increase of 11 percentage points compared with 2017. The proportion is significantly higher for women (61%) than men (44%). It is particularly worrying to notice that, despite multiple initiatives, the findings of a 2017 inquiry by the Committee on Standards in Public Life (CSPL) and frequent media coverage, harassment against women increased by 16 percentage points, almost twice the increase observed among men (see Figure 1). Not only were more women standing for office, but they were also reporting more acts of intimidation, threats, physical and psychological violence. 

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Why we need an independent Electoral Commission

The UK’s guardian of public ethics is reviewing the role of the Electoral Commission in regulating election finance. The evidence submitted to the inquiry shows wide support for maintaining, and in some ways enhancing, the Commission’s functions. But the regulator’s position is also challenged from some quarters, and the House of Commons Public Administration and Constitutional Affairs Committee is currently conducting its own enquiry. Alan Renwick and Charlotte Kincaid argue that the debate raises important wider questions about the place of checks and balances in our system of democratic governance.

The Committee on Standards in Public Life – the body charged with monitoring ethical standards in public life in the UK – is conducting a review of electoral regulation. The terms of reference focus largely on the role of the Electoral Commission in regulating election finance. The first stage was a public call for evidence, and the responses were published last month. 

Grabbing some media headlines was a suggestion in the response from the Conservative Party that the Electoral Commission might be abolished, with its core functions transferred to other bodies. This was not the only option put forward in the submission. Indeed, the central proposal appeared rather to be that the Commission should continue to operate, but with a more restrictively defined remit. Nevertheless, the general tenor was striking. The submission said: ‘The Electoral Commission consistently lobbies for itself to be given more powers – this is not an argument for doing so. Rather, this is public choice theory in action: quangos seeking to expand their remit for their own sake.’

Following the same logic, however, that is a political party seeking to abolish or curtail the remit of the regulator of political parties. If the argument from public choice theory has any force against the Electoral Commission, it has the same force against the Conservative Party. Both the Commission and the Conservatives have interests at stake here. But both also have a wealth of relevant experience. Their arguments should be judged on their merits, with an eye to the possibility that they may be skewed by the organisations’ particular interests.

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The rules of the election campaign: problems and potential solutions

alan.jfif (1)The election campaign that concluded last week was often a depressing sight for democrats, with rampant misinformation and occasional threats against institutions that try to foster better debate. In this post Alan Renwick identifies key problems and assesses four possible solutions. Given the prevailing political environment, he concludes, a concerted effort from parliamentarians, broadcasters, and others will be needed to carry the case for positive reforms forward. 

Electoral law in the UK urgently requires reform. This has been the unanimous conclusion of a slew of recent reports from respected organisations – including the Electoral Commission, Association of Electoral Administrators, and the Digital, Culture, Media and Sport and Public Administration and Constitutional Affairs committees in the House of Commons. Michela Palese and I also argued the case in a report earlier this year. Many aspects need attention. Some are drily technical: our complex and often opaque election rules badly need basic consolidation, simplification, and clarification. Others get to the heart of the kind of democracy we want to live in. Campaigning has been transformed by the digital communications revolution, but the rules have utterly failed to catch up.

This post focuses on campaign conduct. It begins by briefly reviewing problems during the 2019 election before focusing on four possible solutions. Finally, it considers the prospects for serious reform.

The conduct of the campaign

The shift to online campaigning continued apace. According to Facebook’s data, the three main parties’ central organisations alone spent £3.5 million on advertising on the site in the 12 months preceding the election, the great bulk of it coming during the campaign period. Each party posted thousands of separate ads, often targeted at very small numbers of voters. Local parties and other campaign groups also weighed in strongly. It will take considerable time for detailed analysis of all this material to be completed.

Misinformation was rampant throughout the campaign, from all sides. Boris Johnson’s core promise to ‘get Brexit done’ by 31 January 2020 was well known to be a gross simplification, while Conservative promises on new hospitals and extra nurses were found wanting. So were Labour’s claims that 95% of people would pay no extra tax under its plans and that the average family would save over £6,000. The Liberal Democrats were criticised most for misleading bar charts and sometimes manifestly false claims about their own electoral prospects.  Continue reading

Pre-appointment scrutiny hearings

robert-hazell-350x350In September the Commons Public Administration and Constitutional Affairs Committee published their report into Pre-Appointment Scrutiny Hearings. Robert Hazell gave evidence to the committee’s inquiry on the subject; here he discusses the report’s conclusions, and describes the events that led to its being undertaken, including two Constitution Unit studies that evaluated the effectiveness of such scrutiny.  

The recently published report of the Commons Public Administration and Constitutional Affairs Committee (PACAC) was the product of an inquiry undertaken at the request of the Commons Liaison Committee, because of growing concerns amongst Select Committee chairs that pre-appointment scrutiny hearings were a charade, especially when the government ignored committee recommendations.  The Liaison Committee and PACAC both heard evidence from the former Constitution Unit Director, Professor Robert Hazell, who explained that pre-appointment hearings were more effective than MPs recognised, and suggested ways in which they could be made more effective still.

Pre-appointment scrutiny hearings were introduced by Gordon Brown, when he became Prime Minister in July 2007.  In his Green Paper The Governance of Britain he proposed:

… that the Government nominee for key positions … should be subject to a pre-appointment hearing with the relevant select committee. The hearing would be non-binding, but in the light of the report from the committee, Ministers would decide whether to proceed.  The hearings would cover issues such as the candidate’s suitability for the role, his or her key priorities, and the process used in the selection.

The Cabinet Office and the Liaison Committee subsequently agreed a list of just over 50 key positions which would be subject to the new procedure. Ten years later, by the end of the 2015-17 Parliament, there had been almost 100 scrutiny hearings, involving almost every single departmental Select Committee. The Constitution Unit conducted an early evaluation of the first 20 hearings in 2009-10, and a second study in 2016-17, looking at a further 70 hearings. Continue reading