What role should party members have in leadership elections?

As Boris Johnson and Keir Starmer continue to be investigated for possible breaches of lockdown rules, it is conceivable that both major parties could hold leadership contests in the near future. What role should party members have in those elections? The Unit asked Paul Goodman, Cat Smith and Tom Quinn for their view. Tom Fieldhouse summarises their responses.

The Westminster system, where the leader of the largest party in the House of Commons usually becomes Prime Minister, makes how parties select their leaders (and the electorate), matter enormously to the health of our democracy.

In light of the continuing uncertainty about whether the current Prime Minister, Boris Johnson, will face a leadership challenge, the Constitution Unit held a webinar on 7 April 2022, entitled ‘What role should party members have in leadership elections?’. The event was chaired by the Constitution Unit’s Director, Professor Meg Russell, and she was joined by three distinguished panellists: Paul Goodman, Editor of Conservativehome and former Conservative MP for Wycombe; Cat Smith MP, Labour Member of Parliament for Lancaster and Fleetwood; and Dr Tom Quinn, Senior Lecturer, Department of Government, University of Essex

The summaries below are presented in the order of the speakers’ contributions. The video of the full event, including a lively and informative Q&A, is available on our YouTube page, while the audio version forms a Unit podcast.

Paul Goodman

Paul began his contribution by providing some useful history, reminding us, that Conservativehome (under its previous editor), had risen to prominence when it campaigned for the right of Conservative Party members to have a role in electing party leaders.

He went on to explain that, at least in relation to Labour and the Conservatives, an intractable tension exists that prevents a perfect solution. On the one hand, party leaders are the leader of a political organisation – and so it follows that to have a democratic culture the party members should elect the leader. However, because both parties seek to govern (via exercising a majority in the House of Commons), they also need their leader to enjoy the confidence of MPs – suggesting it should be they who decide instead. Paul thought that, considering this tension, the best solution involves both members and MPs each having a say, and that the present Conservative Party system actually does quite a good job in this regard.

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What can be done about the House of Lords?

More than 20 years has passed since the hereditary peers were removed from the House of Lords in what was billed as the first phase of wider reform, and little has happened in the intervening decades. The Unit hosted a webinar to ask three long-serving parliamentarians what should change about the House of Lords, and how realistic is hope of major reform? Tom Fieldhouse summarises the discussion.

House of Lords reform is one of those issues that never seems to go away – in part because very little ever seems to happen.  

This perennial, complex, and often contentious issue was the subject of a Constitution Unit webinar, held on 13 January, entitled ‘What can be done about the House of Lords?’, where a distinguished panel of parliamentarians discussed the difficulties that hinder reform, whether new approaches are needed, and what those might be. 

The event was chaired by the Constitution Unit’s Director, Professor Meg Russell, herself an expert on the question of Lords reform. Speakers were Baroness (Angela) Smith of Basildon, Labour’s Shadow Leader of the House of Lords; Lord (Michael) Jay of Ewelme, Crossbench peer and former Chair of the House of Lords Appointments Commission; and Sir Bernard Jenkin MP, Conservative chair of the House of Commons Liaison Committee and former chair of the Public Administration and Constitutional Affairs Committee (PACAC), which has reported on Lords reform

The summaries below are presented in the order of the speakers’ contributions. The video of the full event, including a lively and informative Q&A, is available on our YouTube page, while the audio version forms a Unit podcast.  

Baroness Smith of Basildon 

Baroness Smith began her remarks by suggesting that whereas most debates about Lords reform tend to focus on ‘form’ (namely, who is in the second chamber and how they get there), we should begin by focusing on ‘function’ (what we want the chamber to do, and how it can best achieve that).  

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Riding the populist wave: the UK Conservatives and the constitution

At a recent Constitution Unit event (available in video and podcast form), Tim Bale discussed the challenges posed to mainstream conservatism by the recent rise in successful populist politicians. Here, he sets out those challenges, how conservatives have traditionally faced them, and concludes that the UK Conservative Party is so determined to ‘unite the right’ and supress support for a challenger party that it risks transmogrifying into a populist radical right party.

A few weeks ago I was diagnosed with costochondritis – a minor and surprisingly common condition involving the cartilage that joins your ribs to your sternum but which produces chest pains that make some people suffering from it worry they’re having a heart attack.

The standard treatment is to take non-steroidal anti-inflammatory drugs such as ibuprofen. For me this presented a bit of a dilemma. Like many other people, I don’t tolerate ibuprofen: it irritates my gastrointestinal tract – something I’m wise to avoid doing because I also suffer from something called Barrett’s oesophagus, which, if you’re unlucky, can turn cancerous. So, on the assumption that the costochondritis would eventually resolve itself, and given the fact that the discomfort involved was irritating but far from overwhelming, I decided just to put up with it.

I’m sharing this bit of my recent medical history not because I particularly enjoy talking about it but because it produces a useful analogy for a question that I want to ask – namely, are politicians on the mainstream right so concerned about countering the rise of populist radical right parties that they end up proposing things that risk doing more harm to society and to the polity than if they were simply to admit that those parties are now a normal rather than a pathological feature of contemporary politics?

The background to this is the book I’ve recently co-edited with Cristóbal Rovira Kaltwasser, called Riding the Populist Wave: Europe’s Mainstream Right in Crisis. We look at how mainstream right parties – which aren’t written about anywhere near as much as their counterparts on the left or, indeed, on the far right – have handled (or in some cases failed to handle) some of the challenges that they’ve been facing for the last three or four decades. Over that time, they’ve suffered significant electoral decline, although, as we show in the book, the extent of that decline varies not just between countries but between party families, with Christian democratic parties suffering more than conservative parties, which, in turn, have suffered more than (market) liberal parties, which have actually managed to hold pretty steady.

We argue that the difficulties they’ve faced are partly down to their having to cope with something of a double whammy.

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The Fixed-term Parliaments Act did not cause the Brexit impasse

Next week MPs debate the government’s bill to repeal the Fixed-term Parliaments Act 2011. One argument frequently deployed for scrapping the Act is that it generated gridlock over Brexit. But, Meg Russell argues, no clear counterfactual to support this claim has ever been presented. In fact, when considering the possible scenarios, it seems likely that the situation would have been made worse, not better, had the Prime Minister retained an untrammelled prerogative power to dissolve parliament in 2017–19.

Next week MPs debate the remaining stages of the Dissolution and Calling of Parliament Bill, which seeks to repeal the Fixed-term Parliaments Act 2011 (FTPA). It proposes to reinstate the pre-FTPA position, whereby the Prime Minister would effectively control general election timing using prerogative power. A key argument deployed by those seeking repeal of the FTPA is that it helped to cause the Brexit deadlock of 2019: that the FTPA, as the Conservative manifesto put it, ‘led to paralysis at a time the country needed decisive action’. But to what extent is this really true?

While suggestions that the FTPA created the Brexit deadlock are commonplace, most experts who contributed to the three parliamentary committees that have considered FTPA repeal (the Commons Public Administration and Constitutional Affairs Committee, Lords Constitution Committee and Joint Committee on the Fixed-term Parliaments Act) argued that the deadlock resulted from other factors. Most obvious were the post-2017 combination of a minority government, the need to deliver on a contested referendum result, and deep divisions within the governing party. These problems were clearly serious, and it is very far from clear that the FTPA could have resolved them.

A careful reading of the evidence presented to the three parliamentary committees, and of the Commons second reading debate on the bill, finds that most claims against the FTPA over Brexit are distinctly vague. No clear counterfactual is offered. This particularly applies to events during Theresa May’s premiership, when the most intractable problems arose. The situation did change in the autumn of 2019 under Boris Johnson (as discussed below), but the FTPA’s targeting as a causal factor dates back far earlier than this. Likewise, during interviews with a series of senior figures for a current book project on parliament and the Brexit process, I have asked several critics of the FTPA how, if Theresa May had been able to trigger an early general election without parliament’s consent, things would have turned out differently. I have yet to receive a convincing reply.

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