An ‘extraordinary scandal’: looking back at the 2009 MPs’ expenses crisis and its consequences

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More than ten years on from the 2009 expenses scandal, Andrew Walker and Emma Crewe have published a book that seeks to offer fresh insight into the origins and legacy of the crisis. David Natzler, a former Clerk of the Commons, offers his own take on the book, and the crisis it seeks to shed light on.

Over a decade has passed since the Westminster expenses scandal of 2009. It is widely regarded as one of the factors, together with the banking crisis and the absence of a referendum on the Lisbon Treaty, which led to popular contempt for the political class, the growth of UKIP, and thus the outcome of the 2016 referendum. There have been useful books and articles on the scandal’s effect as well as accounts by the journalists involved, and last year there were several TV and radio programmes looking back to what seemed at the time to be a momentous series of events. 

Now there is a book by Emma Crewe and Andrew Walker, An Extraordinary Scandal: the Westminster Expenses Crisis and Why it Still Matters, published late in 2019 by Haus. Andrew Walker was the senior Commons official responsible for the administration of the expenses regime; Emma Crewe is an academic anthropologist who has specialised recently in looking at parliamentary culture. I should declare an interest as it was at my suggestion that Andrew approached Emma with the prospect of working together on this project.

The basic story is familiar. A disc (or discs) containing at least a million documents was bought by the Daily Telegraph, who through May and June 2009 published daily exposés of the claims made by MPs. The information was on the discs in preparation for the major clerical task of responding to a court ruling under the Freedom of Information Act 2000 requiring the publication by the House of Commons of much more detailed information than hitherto on payments made to members under the expenses scheme. The Act’s final incarnation included within its statutory ambit both ‘the House of Commons’ and ‘the House of Lords’, although neither appeared in the bill as first drafted. Jack Straw, the minister in charge of the bill, added them to the list of public authorities in Schedule 1 to the Act, and is said to have regretted it ever since. Individual MPs and peers were not then – and are not now – regarded as public authorities. But the House authorities were subject to the Act, and since they administered the expenses system and held the information on MPs’ claims, it became disclosable.

The Act did not come into force until 2005, giving anybody that would be affected five years to prepare. One obligation was to prepare ‘schemes of publication’, which would list what information would be published proactively. The House of Commons made similar preparations to other public authorities: they appointed specialist staff to oversee the effort and discussed what they would proactively publish. The House of Commons eventually decided in late 2004 to publish details of MPs’ expenses broken down into several headings, for each of the previous three years, and to then issue quarterly updates. Crewe and Walker recount the vain attempt to prevent the press from creating ‘league tables’ of MPs by publishing only a locked pdf, which the press had little difficulty in cracking. Various MPs were appalled and angry at being ‘exposed’ as the UK’s or Lancashire’s most expensive MP. One external PR adviser had to resign when it emerged that he had been secretly encouraging one party to make more of a meal of the other party’s record. Continue reading

Enacting the manifesto? Labour’s pledges and the reality of a hung parliament

professor_hazell_2000x2500_1.jpgmeg_russell_2000x2500.jpgMedia coverage in this election has been dominated by the Conservatives and Labour, and their competing policy plans. But a key difference between the parties is that, while a Conservative majority government is clearly possible based on the polls, a Labour majority government is not. Hence a Labour-led government would need to negotiate its policy with other parties, which would soften its stance. Robert Hazell and Meg Russell reflect on the lack of coverage of these questions, and what a Labour-led government would actually look like – in terms of personalities, policies and style.

Consistent opinion poll evidence during the general election campaign suggests that there are two possible outcomes: a majority Conservative government led by Boris Johnson, or a hung parliament. In the event of the latter, Johnson might still remain Prime Minister, but he has few allies – even having alienated Northern Ireland’s DUP. So a hung parliament might well result in a government led by Labour, even if the Conservatives are the largest party. But one thing is clear: nobody is really expecting a Labour majority government. 

Consequently, particularly as the polls have failed to shift into majority Labour government territory during the campaign, it is strange that so little attention has been given to the question of what a Labour-led government might actually deliver in policy terms. To navigate policy through a hung parliament this would need to be accepted by other parties. In some areas – notably the commitment to a referendum on Brexit – the parties agree; but in other areas there may be less agreement. So whilst significant attention has been paid to the radicalism of Labour’s manifesto, a hung parliament – which might lead to a minority Labour government, or less likely (given statements from the Liberal Democrats and SNP) a formal coalition – would inevitably result in some dilution. As noted in the Constitution Unit’s 2009 report on minority government, hung parliaments ‘[entail] a greater degree of compromise and concession than leaders of governments at Westminster are used to’.

Thus focus on Labour’s economic policy – such as its tax or nationalisation plans – might usefully have been tempered by journalists asking questions of the other parties about the extent to which they would accept such plans, or how they might be softened as a result of negotiation. In a country where hung parliaments are more frequent, debate about the likely compromises between parties would be far more upfront during the campaign. Instead, the UK’s legacy of single-party majority government (notwithstanding the fact that this situation has applied for just two of the last nine years) has led to parties and journalists alike avoiding such questions. This, in turn, risks leaving the public ill-informed about the real prospects post-election. Continue reading

Ten things you need to know about a hung parliament

professor_hazell_2000x2500_1.jpgimage1.000.jpg.pngWe know there will be an election on 12 December, but the outcome, in terms of parliamentary seats and who will form the next government, remains uncertain. Robert Hazell and Harrison Shaylor answer some of the key questions about what happens if the election creates another hung parliament.

With an increasingly volatile electorate, and uncertain forecasts in the polls, it is possible the 2019 election will result in another hung parliament. Although bookmakers currently have a Conservative majority as comfortably the most likely election result, and the Conservatives are currently polling around 11 points ahead of Labour, a hung parliament is by no means out of the question. It would be the third hung parliament in four general elections. This explains what lessons can be learned from our previous experience of hung parliaments at Westminster and around the world. It addresses questions such as how a new government is formed, how long formation of that government will take, what kinds of government might emerge, and what the most likely outcomes are.

How common are hung parliaments in other countries?

In most democracies across the world, single party majority governments are the exception. Whereas the ‘first-past-the-post’ (FPTP) voting system used in the UK has had the tendency to encourage adversarial two-party politics and majority government, this is far from a default setting. Proportional representation tends almost always to produce coalitions: many countries in Europe currently have a coalition government.

Recent years have shown that, even in countries using FPTP, hung parliaments can occur quite frequently. In Canada, whose parliament uses the same electoral system as Westminster, there were 10 minority governments in the 20th century. There have already been four since 2000, including the incumbent minority government led by Justin Trudeau, formed after the Liberals lost their majority in the October 2019 federal election.

What is the experience of hung parliaments at Westminster?

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Westminster has more experience of hung parliaments than is generally recognised. There were 20 governments in Westminster in the 20th century: four were coalitions, and six were minority governments. But single party majority governments dominated after the Second World War. The 2010 coalition government was the first since 1945 and the product of the first hung parliament in 36 years. Since 2010, however, two out of three general elections have produced hung parliaments (and the fact that David Cameron’s Conservatives succeeded in obtaining an absolute majority in 2015 was a surprise). Continue reading

How long an extension to Article 50 does the UK need?

download.001alan.jfif (1) Despite last-minute additions, Theresa May’s Brexit deal has again been heavily defeated in the Commons. Hence, MPs will need to consider an extension of Article 50. Meg Russell and Alan Renwick argue that for any practical purposes – including renegotiating a deal, or holding a referendum or citizens’ assembly to break the Brexit impasse – the extension previously proposed by the Prime Minister is too short. MPs may now want to press a longer extension on the government.

This week is crunch Brexit decision time for parliament. With the official exit day of 29 March just over a fortnight away, the Prime Minister has been defeated for the second time on her deal, despite some last-minute concessions. She has previously promised MPs further votes on two things: the immediate prospect of a ‘no deal’ exit, or requesting an extension to the Article 50 period. Following tonight’s defeat, MPs will be asked tomorrow whether they wish to exit without a deal on 29 March. If that is defeated, as looks very likely, they will be asked on Thursday whether the Prime Minister should return to Brussels requesting a delay to exit day. Such a decision is at the discretion of the EU27, who must unanimously agree.

The Prime Minister originally proposed that if the Commons supported extending Article 50 she would ask for a ‘short, limited extension’, which should go ‘not beyond the end of June’. But while this might buy the UK time, and avoid the immediate risk of a ‘no deal’ exit, would it really be adequate to resolve the situation? When MPs face this question, there are many reasons to believe that they should demand a longer extension, given how little could be achieved within three months.

Continue reading