Monitor 81. Johnson falls; what’s next for the constitution?

Today, the Unit published the 81st edition of Monitor, which provides analysis of the key constitutional news of the past four months. In this post, which also serves as the issue’s lead article, Meg Russell and Alan Renwick reflect on the collapse of Boris Johnson’s government, increasing concerns about ministerial and parliamentary standards, and continuing doubts about the future of the Union.

The preoccupying question in UK politics over recent months increasingly became when – rather than whether – the Prime Minister would be forced from office. In April, Boris Johnson was fined for breaching restrictions on social gatherings during lockdown, and the Commons referred him to its Privileges Committee for allegedly misleading parliament. In May, the Conservatives suffered steep losses in the local elections, and Sue Gray’s official report into ‘partygate’ was finally published, concluding that the ‘senior leadership at the centre, both political and official, must bear responsibility’ for the culture of disregard for the rules that had emerged. In June, Johnson survived a vote of no confidence among his MPs and the loss of two parliamentary by-elections, followed by the resignation of the Conservative Party Co-Chair, Oliver Dowden. But the resignation of Deputy Chief Whip Chris Pincher in early July, and Number 10’s bungled reaction to it, finally brought the Prime Minister down.

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Rebuilding constitutional standards: five questions for the next Conservative leader

Boris Johnson yesterday fired the starting gun on a Conservative leadership race which should make the winner Prime Minister. Meg Russell, Alan Renwick and Robert Hazell pose five key questions which Conservative MPs and others are encouraged to ask the party leadership candidates, based on recent public, parliamentary and expert concerns.

Boris Johnson’s premiership has been marked by ever-growing concerns about the maintenance of various constitutional standards, which in recent days have reached fever pitch. These were echoed repeatedly in ministerial resignation statements and calls for him to go. Recent opinion polls meanwhile show strong public support for constitutional standards of integrity and accountability.

Conservative MPs now have an opportunity to choose among candidates to take Johnson’s place, which also creates an important constitutional responsibility. A high priority when picking the next Conservative leader should be to restore the standards essential to UK democracy, in order both to rebuild integrity in politics, and to work towards rebuilding public trust.

This blogpost sets out five key questions for Conservative leadership candidates, reflecting concerns raised by the public, independent expert organisations, and MPs themselves. Conservative MPs and others are encouraged to prioritise these questions, and raise them with the candidates when the party is making its choice.

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What Happens if Boris Johnson loses the confidence of his Cabinet, or his MPs?

Boris Johnson’s time in Downing Street appears to be in its final days, but how it will end remains unclear. Robert Hazell examines the possibilities. How long will a leadership election take? Could there be a caretaker Prime Minister? What happens if Johnson tries to call a snap general election?

If Boris Johnson loses a confidence vote among Conservative MPs, he is not able to stand again. Any other Conservative MP can then stand for the party leadership. How long it will take for the party to elect a new leader will depend on the number of candidates standing, and whether the vote goes to a second stage ballot of all party members.  Party rules prescribe that Conservative MPs vote initially in a series of ballots to select two candidates, who then go forward to a postal ballot of all party members for the final decision. In 2005 it took two months for David Cameron to be elected leader, defeating David Davis in the postal ballot. In 2019 it took six and a half weeks for Boris Johnson to be elected, defeating Jeremy Hunt. It therefore seems unlikely that we will know who is the new Conservative leader (and Prime Minister) until September. But when Cameron announced his resignation in June 2016, it took just 17 days for Theresa May to emerge as the new leader, because Andrea Leadsom stood down as the second candidate in the postal ballot.

Time is being finally called on Boris Johnson’s premiership.  The initial trickle of ministerial resignations has become a steady stream; a delegation of Cabinet ministers has reportedly called on him to resign; if he doesn’t take the hint, the 1922 Committee seems likely to hold an early second confidence vote in his leadership.   But what will happen if he does resign, or if he loses the confidence of a majority of Conservative MPs?  How long might it take for the Conservative party to elect a new leader, and how will the country be governed in the meantime?

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Arguments over the Ministerial Code and the role of the Independent Adviser on Ministers’ Interests are far from over

Recently announced changes to the Ministerial Code demonstrate that the government is unlikely to place it on a statutory basis any time soon. Sir Peter Riddell argues that although some of the revisions are sensible, the new Code demonstrates the government’s determination to assert the privileges of the executive and reflects an increasingly presidential view of the Prime Minister’s role.

The Independent Adviser on Ministers’ Interests is neither fully independent nor entirely an adviser. His hybrid, anomalous position reflects wider tensions between ministers and advisers on standards which have been exacerbated under the current administration – and are unlikely to change after Boris Johnson won a confidence vote on Monday to ensure his survival as Conservative leader and Prime Minister. These tensions have reflected an increasing assertion by the Prime Minister of a presidential view of his role based on the mandate of the ballot box, as distinct from accountability to parliament. The limited changes in the latest version of the Ministerial Code only go a small way to address these concerns.

The public arguments over the Ministerial Code and the Independent Adviser have only partly been caused by the casual attitude of the current Prime Minister towards standards in public life, as highlighted by the repeated frustrations expressed by Lord (Christopher) Geidt, the current Adviser. That has led to widely supported calls from the Committee on Standards in Public Life (CSPL) for a strengthening of his powers.

As with so much in standards in public life, the evolution of the Ministerial Code (originally the more prosaic Questions of Procedure for Ministers) and the creation of the Adviser’s role in 2006 have been the result of a series of allegations and scandals. These exposed the limitations of previous informal understandings and conventions and underlined the need for more formal codes of conduct and independent investigation. The Ministerial Code combines operational guidance about how business in government should be conducted and a list of expectations about ministers’ ethical behaviour in office, based on the seven principles of public life (also known as the Nolan principles).

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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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