What is the Salisbury convention, and have the Lords broken it over Brexit?

downloadThe European Union (Withdrawal) Bill returns to the Commons today for consideration of the numerous amendments made during its eventful passage though the Lords. Some commentators have accused the Lords of exceeding their constitutional authority, with the Salisbury convention being cited in defence of this position. David Beamish discusses how the convention operates and argues that the Lords have not breached it so far.

The European Union (Withdrawal) Bill has prompted much discussion of the role of the House of Lords in passing legislation, including references such as this to the Salisbury convention:

‘ …the Lords has effectively torn up the Salisbury convention: that manifesto promises by the governing party should not be blocked by an unrepresentative upper house’.

That passage, from an article in The Times by Matt Ridley, who sits in parliament as an elected hereditary peer, relates to the amendments made by the Lords to the Withdrawal Bill and in relation to the proposal for a ‘Leveson Two’ inquiry. A day later, Iain Martin wrote in The Times:

‘This week there was the worst illustration of the problem yet. The Commons thought that it had settled the question of press freedom, when it voted against moves to hold yet another inquiry into the press. But the Lords had another go on voting down the government, in breach of the convention that bills which enact manifesto commitments should be passed by the Lords.’

It is perhaps ironic that this ‘convention’ is now being cited in relation to the difficulties which the House is making for a Conservative government. It was originally introduced by a Conservative opposition which dominated the House of Lords following the election in 1945 of a Labour government with a large Commons majority but only a small representation in the Lords, which then consisted entirely of hereditary peers.  Continue reading

The politics of polling: the report of the Committee on Polling and Digital Media

IMG_3616On 17 April, the House of Lords’ ad hoc Committee on Political Polling and Digital Media published a report, following its inquiry into the effects of political polling and digital media on politics. At an event organised by The Constitution Unit, Lord Lipsey, who chaired the Committee, discussed the report with a panel that consisted of Baroness Jay of Paddington, a Labour peer who served on the Committee; Will Jennings, of the University of Southampton; and Martin Boon, a professional pollster. Dave Busfield-Birch offers a summary of their comments.

Following an inquiry that took evidence from a variety of experts, industry professionals, and ministers, the Committee on Political Polling and Digital Media published its report on the subject on 17 April. The Constitution Unit organised an event to publicise the release of the report, which consisted of a panel discussion (summarised below) and a lively and interesting Q&A session. Committee Room 2 in the Palace of Westminster was full when Jennifer Hudson, Senior Lecturer in Political Behaviour at the UCL Constitution Unit, introduced the panel, on which she served as Chair. Lord Lipsey and Baroness Jay of Paddington introduced the report on behalf of the Committee. They were then followed by Will Jennings, Professor of Political Science at the University of Southampton, and Martin Boon, who provided the perspective of a professional pollster.

Lord Lipsey

As chair of the Committee, Lord Lipsey noted that he had enjoyed working on the inquiry that produced it, although he did acknowledge that the report was ‘slightly unusual’ in one key respect. Normally, parliamentary inquiries examine government policy, and the recommendations in their reports are aimed at influencing it. This report, however, had focused its attention on the workings of the polling and digital media industries and it is they who are the targets of most of its recommendations. One recommendation that was intended to influence government policy called for the Electoral Commission to have a wider statutory role in regulating and monitoring polling during election periods.

Lord Lipsey then went on to offer some background to the report, saying that it had partially been prompted by the existence of three big polling ‘bloopers’ in recent British political history. In 2015, polls had widely predicted a hung parliament; instead, the Conservatives secured a parliamentary majority. At the next general election in 2017, the Conservatives experienced an unexpected result in the opposite direction: where polls had predicted an increased majority for Theresa May, the voters delivered a hung parliament and a government that now relies on DUP support for its parliamentary majority. Finally, the referendum on leaving the European Union produced a vote for Brexit that the polls had largely failed to predict. Lord Lipsey was careful, however, to point out that despite these three unexpected results, people should be careful of jumping to conclusions about the state of the polling industry. The Committee found no statistical evidence that polls are getting worse internationally. However, he did warn that the failure of polls to predict three otherwise unexpected results in succession would mean that pollsters should expect ‘not to get much sleep’ during the next general election campaign. Continue reading

The Independent Commission on Referendums: who, what, why, and how

jess.sargeant doneOn 17 January, Jess Sargeant attended a Constitution Unit seminar entitled The Independent Commission on Referendums: who, what, why, and how. The aim of the event was to discuss the work of the Commission, which has no affiliation to any political party or campaign groups, but which does receive research support from the Constitution Unit. The session sought to identify some of the referendum-related problems that the Commission would have to grapple with. This post sets out the main talking points of the seminar. 

The Independent Commission on Referendums was established by the Constitution Unit in August 2017 to review the role and conduct of referendums in the UK. The Commission consists of 12 distinguished members representing a range of political opinions, with expertise extending across all the major UK referendums of recent years. The Commission first met in October 2017 and meets monthly to deliberate on the issues. It will produce a report and detailed recommendations in summer 2018.

On Wednesday, the Constitution Unit held a seminar about the work of the Commission. Speakers included the Commission’s Chair, Sir Joe Pilling; its Research Director, Alan Renwick; and Sue Inglish, who is both a Commission member and former Head of Political Programmes at the BBC. The aim of the event was to inform the audience about the key issues that the Commission aims to address and to gain audience members’ feedback on them. Sarah Baxter, Deputy Editor of the Sunday Times, also spoke, giving an outsider’s perspective of the Commission’s task along with her reflections on past referendums. Continue reading

Constitution Unit publishes new study on non-executive directors in Whitehall

 

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In 2017, the Constitution Unit conducted the first-ever study of the work of non-executive directors (NEDs) within Whitehall. In this blog post, project leader Robert Hazell and Lucas Chebib, one of the project’s research volunteers, discuss the methodology and findings of the report. 

The Constitution Unit has just completed the first major study of non-executive board members in Whitehall (commonly known as non-executive directors, or NEDs). The report concluded that non-executives are high calibre, committed people, whose expertise is greatly valued by the civil service. However, NEDs themselves often said they find the role frustrating, and feel they could be much more effective if the system only allowed.

The study was carried out over 18 months by four former senior civil servants, with assistance from five research volunteers. The team compiled a detailed database of all NEDs; organised a survey; conducted almost 70 interviews; and tested their findings in private briefings and seminars. The full report is published here; what follows is a summary of the main points. Continue reading

What new challenges does the changing nature of campaigning pose for referendum regulation?

me-2015-large-e1485255919145.jpg jess-sargeant-resizedEarlier this year, the Constitution Unit established an Independent Commission on Referendums to review the role of referendums in British democracy – whose work will be discussed at a public seminar next week. In this blogpost, Alan Renwick and Jess Sargeant examine some of the difficult questions the commission will have to consider. Their focus is on the way in which political campaigning has changed since 2000, when the current legislation regulating referendums was enacted.  

The UK’s current legislation regulating the conduct of referendums – the Political Parties, Elections and Referendums Act (PPERA) 2000 – was designed and introduced almost two decades ago. Since then, technological innovations have led to new ways of campaigning and communicating. These changes create new challenges for referendums regulation. While most of these challenges are not unique to referendums – they apply equally to elections – one key task of the Independent Commission on Referendums is to assess how well the existing rules work in the context of new digital developments and to consider solutions to some of the problems posed by the modern world. This blog post explores just some of those challenges.

Financial regulation doesn’t reflect the modern world

Increasingly, political campaigners are using social media to communicate with voters. We know this because we can observe political adverts on Facebook, Twitter, and even Instagram during elections and referendum campaigns. However, we have very little information about how much money they are spending to do so. This is because financial regulation of political campaigns, first designed in 2000, has yet to be updated to reflect the nature of campaigning in the modern world.

Registered referendum campaign groups are required to submit returns of referendum expenses. The purpose of these transparency requirements is to allow campaign spending to be scrutinised by both the Electoral Commission and the public. Financial transparency requirements apply equally to expenses incurred for online and for offline campaigning. However, how this is reported makes scrutiny of online spending difficult. There is no separate category for spending on social media: such spending is reported as either ‘advertising’ or ‘unsolicited material sent to voters’. Furthermore, within this category it is only identifiable if spent directly with the platform, such as Facebook, Twitter, or YouTube. Spending through agencies remains opaque, with no breakdown of how money is used. In this area, it could be argued that transparency requirements are rendered meaningless.

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Parliamentary reform and The Constitution Unit

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In the last of our series of posts adapted from presentations at the Unit’s 20th anniversary conference Tony Wright reflects on 20 years of parliamentary change and reform. He argues that parliament has become a good deal better over the past two decades, and points to Unit research as making a major contribution to bringing this about.

I am struck by the fact that if you want to campaign for office in the United States, you have to campaign against Washington. Every candidate has to be going to Washington to sort them out, to break the Washington consensus. What I notice is that this has now started to happen here. Everybody campaigning for office here seems to have to attack Westminster, or the ‘Westminster elite’. This was standard fare in Nicola Sturgeon and Nick Clegg’s general election speeches, and in the Labour leadership contest. Now this is an interesting development, and it is certainly different from twenty years ago. Even at this event today, we have been encouraged by Vernon Bogdanor to organise our thoughts around the idea that parliamentary sovereignty is a busted flush, and the serious ways that power has been cut into pieces. I would actually put a more positive spin on it, and say that there has been accountability explosion over the last twenty years. If you think back about the accountability environment then, and what it is now, we are in a different world. In that respect there is much to put in the positive ledger.

But the problem is where does parliament fit in to that changed environment? The health of our representative institutions is something that matters and getting the right relationship between the old forms of representative democracy and the new forms that we might want to develop is where the challenge comes. The mistake we make is how we think we can embrace new forms, and simply forget about these old institutional bits, when the health of our representative institutions actually matters profoundly. And in some respects – and this is why I react against this Westminster elite trope – parliament has got a good deal better over these last 20 years.

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As devolution has progressed the centre has failed to imagine a new rationale for the union

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In 1999 The Constitution Unit produced a book which set out to forecast what the UK’s constitution would look like in ten years’ time. Sixteen years on, Charlie Jeffery tests the predictions and uses them to assess the direction of devolution in the UK today.

This is the fourth of a series of posts adapted from presentations at the Unit’s 20th anniversary conference, held on 23 June 2015.

Constitutional Futures: A History of the Next Ten Years, a book edited by Robert Hazell, was published in 1999. It set out to predict how events would unfold following the initial stages of Labour’s constitutional reform programme. The question is, how fares that history sixteen years on? On page seven of the book there is a table which outlines ‘mini’ and ‘maxi’ versions of constitutional change, which I will draw on in order to assess where we stand now with respect to devolution.

Turning first to Scotland, Wales and Northern Ireland, the mini version predicts that the devolved institutions will stay as they were founded. The maxi option is a move towards legislative and tax raising powers everywhere and the possibility of an independent Scotland. We are headed towards the maxi version in Scotland certainly, in Wales increasingly and in Northern Ireland less so.

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