Guarded and sensible? The problem with UKIP and women

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In the wake of a second UKIP win in Rochester and Strood, Rosie Campbell, Chrysa Lamprinakou and Jennifer vanHeerde-Hudson consider how the background of UKIP candidates selected so far compare with the other parties.

Mark Reckless’s win over Conservative candidate Kelly Tolhurst in the Rochester and Strood by-election doubled the number of UKIP MPs in Westminster and reignited speculation as to who will be next to defect.

The Tory defeat in Rochester was indeed a bad day for Cameron and the party, with many commentators highlighting what was seen to be an ineffective campaign, despite reports that MPs were required to campaign in the constituency three times in the run up to 20 November. Others, however, argued it was worse day for Labour with Emily Thornberry’s controversial tweet, subsequent resignation and the fact that UKIP continues to pull Labour party supporters into its ranks. It’s a day the Lib Dems will also want to forget, polling 5th, 1300 votes behind the Greens and 150 votes ahead of the Monster Raving Looney party.

On the back UKIP’s success in Rochester and in Clacton, pollsters and pundits have turned their attention to estimating the number of seats UKIP will win come May 2015. The numbers vary considerably: projections range from 5, 30 or even 128 seats. Back in 2013, Farage claimed that UKIP would put a UKIP candidate in every parliamentary seat. However, given the rate of UKIP selections to date, this appears (perhaps as it did from the start) highly unlikely. Instead, and on the back of success in both by-elections, UKIP will have to concentrate its campaign resources on its target seats—reaching out to a broad base of potential supporters in those seats.

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The new political class of 2015

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There is a perception that Westminster politics is a self-serving career machine for the ambitions of a small cadre of self-reproducing politicians. To what extent is this view justified on the basis of the evidence? With six months until the 2015 general election Rosie Campbell, Chrysa Lamprinakou and Jennifer vanHeerde-Hudson assess the diversity of the parliamentary candidates selected so far.

There can be no silencing of discussions about who governs us in the wake of the Scottish referendum. As the Westminster parties try to identify means to simultaneously fix both the Scottish and English questions, whilst maximising their electoral advantage, the electorate remains sceptical about mainstream politicians’ commitment to truly represent them. We see evidence of this scepticism in the declining turnout rates at British general elections, the rise in support for UKIP and in the 1,617,989 Scots who decided that they would prefer not to be governed from Westminster at all.

The three party leaders, who travelled up to Scotland to deliver their promise of greater devolution, may not share policy preferences, but on the surface at least they have a great deal in common. All three are white, youngish-middle-aged men with high levels of education and all are career politicians.   The seeming homogeneity of the political elite feeds into a perception that Westminster politics is a self-serving career machine for the ambitions of a small cadre of self-reproducing politicians. To what extent is this view justified on the basis of the evidence? Are political parties continuing to select individuals who fit the usual mould to stand for parliament or is there evidence of increasing diversity among parliamentary candidates?

Using data from our study of parliamentary candidates (see parliamentarycandidates.org), we look at the gender, race, age and occupation of the candidates selected by party and seat winnability so far.

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Selecting the Justices: Four suggestions

As the UK Supreme Court marks its fifth anniversary, Graham Gee and Kate Malleson reflect on how the process of selecting the Justices can be improved.

Earlier this month the UK Supreme Court celebrated its fifth anniversary. There has been a flurry of vacancies, retirements and new appointments during the Court’s first five years, with only four of the original Justices remaining on the bench. The next few years should (all being well) witness a period of relative stability on the Court, with the next mandatory retirement in 2016 (when Lord Toulson turns 70). A further flurry of appointments will follow in 2018, when five Justices reach mandatory retirement. The Court’s fifth anniversary is therefore an apt time to reflect on the process of selecting the Justices—and indeed we welcome the fact that the Court is currently conducting an internal review of the selection process.

The Court’s internal review has a relatively limited remit. It is largely concerned with the workings of the ad hoc selection commissions responsible for recommending to the Lord Chancellor candidates for appointment to the Court. Each commission enjoys some limited freedom to determine its own process, but within the parameters set out in statute. The Court’s review focuses on matters such as whether commissions should define merit, whether to interview candidates and whether candidates should make a presentation as part of the selection process. To tinker with the fine details of selection processes might seem a distraction when real and visible progress in securing diversity on our top court seems unlikely absent radical reforms such as gender quotas. There is some truth to this. In this blogpost, however, we suggest four changes to the workings of the commissions that would improve the way that our top judges are selected, even if falling short of the sorts of changes required to realise a genuinely diverse Supreme Court.

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Graham Gee and Kate Malleson: Judicial Appointments, Diversity and the Equal Merit Provision

This is posted on behalf of Graham Gee and Kate Malleson and originally appeared on the UK Constitutional Law Association Blog.

One of the changes introduced by the Crime and Courts Act 2013 was to amend section 63 of the Constitutional Reform Act 2005, which provides that the Judicial Appointments Commission (JAC) must select candidates for judicial office ‘solely on merit’. Schedule 13 of the 2013 Act clarified that making selections solely on merit does not prevent the JAC from recommending a candidate on the basis of improving diversity on the bench where there are two candidates of equal merit. This is variously known as the ‘equal merit’, ‘tie-break’ or ‘tipping point’ provision and derives from s 159 of the Equality Act 2010. After a consultation exercise last summer, the JAC last month published its policy on how it will implement the equal merit provision. In this post, we draw on research conducted as part of an AHRC-funded project on The Politics of Judicial Independence to explain why the JAC’s policy is disappointingly cautious, limits the prospect of further progress on diversity and offers further evidence of what we believe is the excessive judicial influence on judicial appointments 

Context

We begin with some words of praise for the JAC. Since its creation in 2006, the JAC has inter alia devised: robust processes that have for the most part identified suitably qualified candidates of good character; addressed problems that were an early feature of those processes (e.g. delays); and over time has fostered the confidence of the key stakeholders (i.e. ministers, judges and practitioners). It has done this all of this whilst becoming a leaner and more efficient operation in an age of increasingly scarce public resources. Between 2009-10 and 2014-15, its budget is projected to have fallen from £7.6m to £4.85m, its staff from 105 to 67, and yet the number of recommendations for judicial office that the JAC has made has risen from approximately 450 to 750 a year. These are important accomplishments that have helped to secure the JAC’s position on the institutional landscape, something that was much less certain around 2008-09 when the then Lord Chancellor, Jack Straw, considered abolishing the JAC and either bringing appointments back in-house or delegating more responsibility to the senior judges. Much credit is due to the leadership team of Christopher Stephens as Chair and Nigel Reeder as Chief Executive, who since 2011 succeeded in fostering much more constructive and cooperative relationships with the JAC, the senior judiciary and the Ministry of Justice.

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