175 not out: the new edition of Erskine May and eight years of constitutional change

sir_david_natzler.smiling.cropped.3840x1920.jpgIn March, Sir David Natzler retired as Clerk of the Commons after over 40 years in the House. Now, he is the co-editor of Erskine May, the 25th edition of which is the first new edition in eight years, and is freely available to the public: a significant change. Here, Sir David discusses some of the key changes to the text after what can only be described as an eventful eight years for the Commons. 

The years since the last edition of Erskine May in 2011 have been pretty turbulent by any standards. We have had three types – coalition, majority and minority – of government, two general elections, three national referendums and numerous constitutional statutes of real significance. So it was plainly time for a new edition of this timeless work, which is often referred to but rarely read.

The new Erskine May is exciting to me because, as its co-editor, I had the happy task of reading through the chapters as they emerged from the efforts of many of my former colleagues. We all had to ask ourselves: is this a clear and honest account of parliamentary procedure and practice, and if not, how far can we go in recasting it? It is not a new book; but nor is it merely a historical text with minor amendments for the benefit of a modern audience. New content has been added, but nothing has been asserted without due authority, and we also recognise that some assertions of the past are too precious to be excised. Paragraph 21.4 on the rule against reading of speeches is as good an example as any: the principle remains valued by some MPs but it would be idle to pretend that it is rigorously observed in practice. There has to be some wishful thinking.

Who is this edition of Erskine May for? Plainly for practitioners, meaning the occupants of the Chair (such as the Speaker and Deputy Speakers), those who advise them, MPs and officials. But it is not just for them. Recent controversy over decisions by the Speaker on procedural issues related to Brexit and threats of early or extended prorogation by some candidates for leadership of the Conservative Party have served to remind all of us that parliamentary procedures are not some sort of secret masonic ritual to be understood only by a priestly caste of clerks and a handful of others, but are as integral to a parliamentary democracy as electoral rules. And it is not just for Westminster: one of my great pleasures as Clerk was to receive emails from colleagues around the Commonwealth seeking elucidation of a procedural – and usually political – issue where their knowledge of what was said in Erskine May was far in advance of my own!

Fortunately this edition has been preceded by two very different works which help set it in context. In 2018 the Commons authorities published a Guide to Procedure which is intended to help those involved in its day to day work, set out in plain English. It is of course available online. And secondly, at the end of 2017 Hart Publishing produced a book of essays – edited by current Clerk of Committees Paul Evans, entitled Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May, to mark the great man’s 200th birthday in 2015. Continue reading

Legislation at Westminster launch seminar: senior parliamentary figures discuss the impact of parliament on government bills

Meg Russell and Daniel Gover’s new book Legislation at Westminster challenges received wisdom about the UK parliament’s influence on legislation. In contrast to common portrayals of Westminster as having only weak policy influence, Russell and Gover present evidence demonstrating strong influence, exercised in a variety of subtle ways. The findings were discussed at a seminar held in parliament on 15 November. Hannah Dowling and Kelly Shuttleworth report.

The UK parliament is frequently portrayed as little more than an ‘elaborate rubber stamp’ by journalists and even parliamentarians. Academics have tended to offer a slightly more nuanced view but nevertheless often present Westminster as a weak legislature and downplay its policy influence. A ground-breaking new book by Constitution Unit Director Professor Meg Russell and Daniel Gover questions the extent to which these assumptions hold true. The book represents the largest study of its kind for over 40 years.

On 15 November, a seminar was held in parliament to discuss Russell and Gover’s findings. The event was chaired by Lucinda Maer, Head of the Parliament and Constitution Centre at the House of Commons Library. Russell and Gover summarised their findings before responses from Labour peer Baroness (Patricia) Hollis of Heigham and David Natzler, the Clerk of the House of Commons.

Daniel Gover

Daniel Gover introduced the central research question Legislation at Westminster seeks to address: How influential is parliament on government legislation? In order to answer this, Russell and Gover analysed 12 case study government bills in the period 2005–2012 and logged the over 4000 amendments proposed. The bills were selected to represent the range of legislation laid before parliament and accordingly varied by sponsoring department, chamber of introduction, length and profile. A total of 120 interviews with ministers, members of the opposition, backbenchers, civil servants and outside groups were also conducted. Of the 4361 amendments proposed, 886 were government amendments; 95% of these were passed, compared to 4% of non-government amendments. On the face of it, these figures seem to support the popular notion of parliament as weak and dominated by the executive.

However, by dividing the amendments into ‘strands’, i.e. collections of similar amendments made at different stages of the legislative process, Russell and Gover were able to trace their origins, which revealed a more nuanced picture of parliamentary power. There were 2050 strands identified, of which 300 were successful. Of these 300 strands only 55% were government-initiated. When  strands comprising only small technical changes were omitted, this dropped to 45% – with 55% initiated by non-government actors,. Amongst these groups, the opposition initiated the most strands (1604), of which 112 were successful. Although government backbenchers initiated fewer strands, 36 of 304 were successful – a higher success rate than the opposition. There were also 155 strands introduced by non-party affiliated actors, primarily in the Lords, of which 12 were successful. Gover stressed the importance of cross-party work, emphasising that strands demonstrating cross-party support had a higher success rate than those without.

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