Tag Archives: Elections Bill

The new voting system for mayors and PCCs: how it affects democracy

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This month’s elections for mayors and police and crime commissioners were contested under a revised voting system. In a post published yesterday, Alan Renwick found that this change had a substantial impact on the results, to the benefit of the Conservatives. Here, he concludes that it also harmed democracy. 

Elections of mayors and police and crime commissioners (PCCs) were previously held under the Supplementary Vote (SV) system, where each voter could express first and second preferences. Now they take place using First Past the Post (FPTP), where there is a vote for a single candidate. The previous post in this series showed that this change produced a marked shift in the outcome of the elections held earlier this month, and that it did so entirely to the benefit of the Conservatives.  

That a change in the rules should favour those in power who instigated it is already cause for concern: democracy requires a level playing field. But ministers might defend the reform on the basis that the new system is superior on democratic grounds to its predecessor and that it was introduced fairly. Both of these claims therefore require interrogation. How do the two systems compare in terms of democratic quality? And was the process through which the change in voting system came about appropriate?  

Which voting system is more democratic? 

As I outlined in a blogpost published when the bill changing the voting system was before parliament in 2021, ministers argued that FPTP is the more democratic system: SV, they said, allows losing candidates – those coming second in terms of first preferences – to win. But this argument is circular: it works only if we have already accepted the FPTP definitions of ‘winner’ and ‘loser’.  

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Examining last session’s record-breaking number of government defeats in the House of Lords

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In the 2021-22 session of parliament, government defeats in the House of Lords reached record levels. Sam Anderson argues that two key factors combined to drive this phenomenon. First, the Johnson government pursued a controversial legislative agenda. Second, it seemed in some cases unwilling to compromise where evidence suggests that previous governments would have done so.

There were numerous examples throughout Boris Johnson’s premiership of his government’s rocky relationship with parliament. One recent manifestation – noted elsewhere – was that there were an unprecedented 128 government defeats in the House of Lords in the 2021-22 parliamentary session. This led some government supporters to suggest that the Lords has become a ‘House of opposition’ that ‘views themselves as there to obstruct’ the government. But is this assessment fair?

The Constitution Unit’s tracking of when and on what topics governments are defeated in the House of Lords offers key insights. With data stretching back to 1999, we can compare such defeats between different governments over time. This blog uses such data to dig deeper into the 128 defeats, seeking to understand what might have caused them. First, I argue that a large number of bills covering topics that have long animated the Lords was a factor. Second, I suggest that pressures which have in the past increased the chances that the government would make some sort of concession to the Lords had less effect under Johnson.

Lords defeats over time

The Constitution Unit’s Meg Russell – who now serves as its Director – began recording defeats in 1999, when the House of Lords Act removed most hereditary peers, breaking the Conservative dominance of the chamber. Since then, no single party has had a majority in the Lords, making governments of all parties more vulnerable to defeats there than in the Commons. Votes are of course just one form of parliamentary influence, but the Lords’ ability to defeat the government has been an important source of institutional power.

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The Queen’s speech, the Johnson government, and the constitution – lessons from the 2021-22 session

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As a new session of parliament commences, Lisa James discusses what constitutional lessons can be learned from its predecessor. She argues that the government’s legislation and its approach to parliamentary scrutiny in the 2021-22 session suggest that a disregard for checks and balances, a tendency to evade parliamentary scrutiny, and a willingness to bend constitutional norms are fundamental traits of the Johnson premiership.

A new parliamentary session began last week, with a Queen’s speech that laid out a highly ambitious volume of new bills. Many of these are likely to prove controversial – including planned constitutional measures.

To assess how the government might proceed, and how this might play out in parliament, it is useful to look back at the 2021-22 session. This was the first of Boris Johnson’s premiership not wholly dominated by Brexit or the COVID-19 pandemic – offering insight into both the government’s constitutional agenda, and its broader legislative approach. Since becoming Prime Minister, Johnson has been accused of a disregard for checks and balances, a tendency to evade parliamentary scrutiny, and a willingness to bend constitutional norms. In earlier sessions, his supporters could blame the exigencies of Brexit and the pandemic – citing the need for rapid action in the face of fast-moving situations. But the government’s legislation and its approach to parliamentary scrutiny in the 2021-22 session suggest that these are more fundamental traits of the Johnson premiership. And whilst Johnson has thus far been successful in passing his constitutional legislation, his rocky relationships with both MPs and peers mean that he may face greater difficulties in the future.

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The Joint Committee on the Draft Online Safety Bill: steps in the right direction for democracy

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The government’s draft Online Safety Bill does little to protect democracy from damage caused by online actors, despite a previous commitment to take action. Alex Walker argues that this was an error. Here, he analyses the December report of the parliamentary joint committee tasked with examining the bill. A post in early February will critique the conclusions and recommendations of the DCMS select committee, which published its report earlier this week.

In December, the joint committee tasked with scrutinising the government’s draft Online Safety Bill published its report, the conclusions of which were outlined by its Chair, Damian Collins, on this blog. The committee recommended significant overarching changes to the draft bill, which represents the first major attempt in the UK at online regulation.

Since its publication in May 2021, the draft bill has been subject to extensive criticism, including on this blog. In previous posts, I’ve highlighted that it fails to address online threats to democracy. The government’s 2019 Online Harms white paper acknowledged the seriousness of this issue and set out measures to tackle it. These proposals were then later abandoned.

Positively, the committee noted the government’s change of direction and concluded to the contrary that online harms to democracy should be tackled by legislation. Whilst the committee’s recommendations have their own limitations, if adopted they would better protect democratic processes from online harm than at present.

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