The politics of publishing select committee legal advice

f9pJoDDq_400x400 (1)picture.1257.1530012142Cristina.Leston.Bandeira1Parliamentary select committees at Westminster are assisted in their work by teams of impartial parliamentary staff who fulfil a variety of functions. This can include the provision of legal advice by parliamentary lawyers. In recent years, some committees have chosen to publish that legal advice. Drawing on their ongoing research, Ben Yong, Greg Davies and Cristina Leston-Bandeira examine the practice of publishing legal advice, the reasons behind it and the potential implications for the work of committees and their advisers.

In 2017, the House of Lords European Union Subcommittee on Financial Affairs took a highly unusual step. It published the advice provided by the then EU Committee legal adviser, Paul Hardy, as part of its inquiry on Brexit and the EU Budget. Hardy argued Article 50 of the Treaty on European Union allowed the UK ‘to leave the EU without being liable for outstanding financial obligations under the EU budget’ (p.63). The implications of such advice were politically controversial.

But the act of publishing in its entirety the in-house legal advice provided to the committee, and the legal adviser named, also merits serious attention. There is a small but growing trend of select committees at Westminster publishing the legal advice provided to them by the in-house lawyers of parliament (‘parliamentary lawyers’). The trend raises a number of questions: why are Westminster select committees publishing in-house legal advice; what does this tell us about the internal dynamics of select committees; and what are the implications of publishing internal advice for the House and parliament? This is the focus of our latest article, ‘Tacticians, Stewards and Professionals: The Politics of Publishing Select Committee Legal Advice’ (open access from the Journal of Law and Society).

We have been carrying out a bigger project, funded by the Leverhulme Trust, looking at the provision and reception of legal advice to the four legislatures of the UK. We have now interviewed about 75 individuals, of whom approximately 30 work or worked in Westminster.

Why is this happening?

Select committees will sometimes receive legal advice from the in-house legal services of parliament. In the House of Commons, for instance, much of this comes from the Office of Speaker’s Counsel: a small group of lawyers who are permanent, impartial House staff, employed to provide legal support and advice to the Houses of Parliament. ‘Legal advice’ can cover explanation and information to the application of relevant law to a specific set of facts, and any of the various stages in between. We focus on the more formal side of the spectrum. Continue reading

Exploring Parliament: opening a window onto the world of Westminster

leston.bandeira.thompson.and.mace (1)Cristina.Leston.Bandeira.1.000In February this year, Oxford University Press published Exploring Parliament, which aims to provide an accessible introduction to the workings of the UK parliament. In this post, the book’s editors, Louise Thompson and Cristina Leston-Bandeira, explain why the book is necessary and what it hopes to achieve.

If you travelled to Parliament Square today you’d see hundreds of tourists gathered in and around the Palace of Westminster. Over 1 million people visited parliament in 2017 to take part in organised tours, watch debates in the Lords and Commons chambers, attend committee hearings and visit its unique gift shops. Many more will have watched parliamentary proceedings on television; most likely snapshots of Prime Minister’s Question Time (PMQs). Recognition of the iconic building, with its gothic architecture, distinctive furnishings and vast corridors is high. However, the public’s understanding of what actually goes on within the Palace of Westminster is much lower.

As we write this blog it is another typically busy day in parliament. Among the many other things happening in the Commons today, Labour MP Diana Johnson is asking an Urgent Question on the contaminated blood scandal, there is a backbench debate on autism and an adjournment debate on air quality. Over in the Lords, peers will be scrutinising the Modern Slavery (Victim Support) Bill and debating the humanitarian crisis in Syria. Those of us who teach, research or work in parliament will know what each of these activities is. We’ll know why the Commons chamber will be far quieter during adjournment debates than at question times and we’ll be able to follow with relative ease the discussion in the Lords as peers scrutinise the various clauses, schedules, and amendments being made to government legislation. But to the wider public the institution can seem somewhat opaque. The language may seem impenetrable, the procedures archaic and the customs of debate unfamiliar. One may say there is therefore an important role, and perhaps duty, for those of us who teach and research parliament to inform and educate the wider public about the diverse range of roles being performed each day by the institution and its members. Continue reading

Here we go again, the parliamentary petitions site has re-opened – what roles can it play?

The House of Commons and government collaborative e-petitions site re-opened on 11 September, following an extended break during the general election and the early months of the new parliament. In this post Cristina Leston-Bandeira reflects on the experience of the e-petitions system during the 2015–17 parliament, the first following its establishment. She identifies four types of role performed by petitions to parliaments and provides evidence that the UK system has performed important roles in all of these areas.

Closed since early May, the House of Commons and government collaborative e-petitions site re-opened on 11 September, as its committee was finally re-established. By the end of its first day, 11 petitions had been added to the site, collecting over 11,000 signatures. As the Petitions Committee re-starts its work, it is worth reflecting on its experience during its first parliament and its potential role.

The system was launched in 2015 and saw extraordinary volumes of usage in the 2015-17 parliament, with 31,731 e-petitions submitted in less than two years and 14 million unique e-mail addresses used to sign petitions. This corresponds to an average of 1,480 e-petitions submitted per month, which is considerably higher than equivalent petitions system in other legislatures; for instance, the monthly average number of petitions submitted in 2015 to the German Bundestag was 1,186 (despite Germany having a larger population).

There is no doubt that the new e-petitions system has caught people’s imagination and has been heavily used since it was introduced. But has it achieved much, other than a lot of activity and noise? Out of those submitted, 10,950 were accepted and 471 got a government response, having reached the required threshold of 10,000 signatures. Besides this, 39 parliamentary debates were held on e-petitions that reached 100,000 signatures (with some debates encompassing more than one petition). Assessing the contribution of petitions is not always straightforward though, for a variety of reasons explored in a previous blog post such as the difficulty in identifying causal relationships between petitions and outputs. In order to evaluate a petitions system, it is more helpful to think in terms of the roles it performs.

Continue reading