Lords reform is back on the agenda: what are the options?

meg_russell_2000x2500.jpgSince December’s general election, proposals for Lords reform have abounded – emerging from both government briefings, and proposals floated during Labour’s leadership contest. Meg Russell, a well-established expert on Lords reform, reviews the wide variety of options floated, their past history, and their likelihood of success – before the topic may get referred to the government’s proposed Constitution, Democracy and Human Rights Commission.

Reform of the House of Lords is a perennial in British politics. Elections come and go, political parties often make promises to reform the Lords, and generally political obstacles of various kinds – or simply just other political priorities – get in the way. As indicated below, and chronicled in my 2013 book The Contemporary House of Lords, some proposals still under discussion have been mooted for literally hundreds of years. Occasionally breakthroughs occur: significant reforms included the Parliament Acts 1911 and 1949 (which altered the chamber’s powers), the Life Peerages Act 1958 (which began moving it away from being an overwhelmingly hereditary chamber), and the House of Lords Act 1999 (which greatly accelerated that process, removing most remaining hereditary peers). Since this last reform there have been numerous proposals, through government white papers, parliamentary committee reports and even a Royal Commission (which reported in 2000), but little actual reform. The last major government bill on Lords reform — abandoned in 2012 — was under the Conservative-Liberal Democrat coalition. Its sponsor, Deputy Prime Minister Nick Clegg, no doubt came to agree with renowned constitutional historian Lord (Peter) Hennessy, who has dubbed Lords reform the ‘Bermuda Triangle of British politics’.

Nonetheless, following December’s general election the topic is firmly back on the agenda. The Conservative manifesto flagged it as a possible matter for discussion by the promised Commission on the Constitution, Democracy and Human Rights (which is yet to be established). Various proposals from the government side have been floated in the media – the most eye-catching perhaps being a suggestion that the House of Lords might move to York. Meanwhile, other Lords reform ideas have featured in debates during the Labour Party leadership (and deputy leadership) contest. As often occurs, the topic has also been made salient by concerns about new appointments to the chamber. Continue reading

Do we need a written constitution?

image1.000.jpgPrior to the general election, several of the parties’ manifestos called for the creation of a codified constitution for the UK. In December, the Constitution Unit hosted an event to debate the merits and downsides of such an exercise. Harrison Shaylor summarises the discussion.

What did the 2019 Liberal Democrat election manifesto and the Brexit Party’s ‘Contract with the People’ (from the same election) have in common? Both advocate the need for a written constitution in the UK. So too did the Green Party manifesto, and that of the Alliance Party of Northern Ireland. Meg Russell took part in a discussion on a written constitution in The Briefing Room on Radio 4 in September, and on 28 November, the Constitution Unit held its own event entitled ‘Do we need a written constitution?’. Two distinguished law professors – Sionaidh Douglas-Scott of Queen Mary University of London and Nicholas Barber of the University of Oxford – set out the case for and against a written constitution, in a debate chaired by a former Unit Director, Professor Robert Hazell. What follows is a summary of the presentations made by each participant. 

The argument for a written constitution: Sionaidh Douglas-Scott

‘Someone, I haven’t been able to trace whom, once said: Constitution building is a bit like dentistry: there’s never a good time for it; no one does it for fun; but it’s sometimes necessary and, when it’s done right, it prevents greater pain in the future.’

Professor Douglas-Scott explained that a constitution delineates the relationships between the major institutions of state, such as the executive and the legislature, as well as between the state and its citizens. More abstractly, a constitution says something about legitimacy and power. How does the state exercise power? And when is it legitimate for it do so?

The UK is unusual in not having a written constitution, in the sense of not having the fundamental rules of the constitution codified in a single document. It is one of only a few democracies in the world which lacks one, alongside Israel and New Zealand. The reason for this is historical. Since 1688, Britain has not experienced a revolution or regime change – a ‘constitutional moment’ – like the American or the French Revolution, or the withdrawal of colonial rule. Rather, Britain’s constitution has evolved slowly over time under relative stability; it has never been deemed necessary to list the fundamental laws and principles underpinning the country’s polity. As the Constitution Unit website states: ‘What Britain has instead is an accumulation of various statutes, conventions, judicial decisions and treaties which collectively can be referred to as the British Constitution.’

This arrangement, Professor Douglas-Scott argued, is no longer adequate. The current constitution is deficient for three reasons: its lack of clarity; its failure to properly protect fundamental rights; and the inadequacy of the current devolution settlement. 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

What role will the UK’s MEPs play in the new European Parliament?

simon.usherwood.staffOn 23 May, the UK participated in elections to the European Parliament. Now that we know who our MEPs are going to be, the question becomes: with the UK currently set to leave the EU on 31 October, what can they actually do? Simon Usherwood explains how the UK’s new MEPs can influence control of both the Parliament and the European Commission, and discusses the potential political consequences of exercising their legal authority.

In all of the hubbub around the European elections, the small matter of what the 73 individuals elected to serve as the UK’s Members of the European Parliament (MEPs) will actually do has been somewhat overlooked.

With that in mind, it’s useful to consider what MEPs do in both general terms and more specifically on Brexit, as well as the tension between political understandings and legal rights.

A quick refresher

The European Parliament’s role in the EU is to represent the popular will, in both making decisions and providing scrutiny of the work of the rest of the organisation. It does that on the basis of being composed of directly elected members and from the powers given to it by the treaties that underpin the EU as a whole.

This role comprises a number of different elements, each involving the 751 MEPs either as a whole or in representative sub-groupings.

The most substantial element is that of being co-legislator. Under the EU’s Ordinary Legislative Procedure – which covers most areas of EU decision-making, as the name implies – the Parliament has to agree with the Council of the EU – made up of ministers from the member states – on a piece of legislation in order for it to pass. The EP thus has not only a say, but also a veto, on most EU legislation including matters relating to the budget; and in the other cases it usually has at least some rights of consultation.

The second element is that of oversight. The Parliament’s various committees can summon officials and politicians from the other institutions of the EU to appear before them to answer questions about their conduct. Those committees can then produce reports that highlight issues and which can often force problems onto the agenda for action. In extremis, the Parliament has the power to seek the resignation of the entire Commission, the threat of which in 1999 brought about the early end of the Santer Commission. Continue reading

Taking stock: what have we learned from the European elections?

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Last week, voters across the UK (and indeed, across the European Union) took part in the European Parliament elections. Now that we know the outcome, Alan Renwick examines the impact on the results of both the rules that governed the election and the strategies of the parties.

The European elections raised important questions about how the voting system – and parties’ and voters’ reactions to it – might influence the results. Would the imperfect proportionality of the system harm the smaller parties? Should those parties – particularly the three Britain-wide anti-Brexit parties – have formed an alliance? Could voters maximise the impact of their ballots through tactical voting? Now that the results are in, it is time to take stock.

The impact of the rules

As I set out in an earlier post, European Parliament elections in Great Britain use a list-based system of proportional representation (while those in Northern Ireland use Single Transferable vote, or STV). This system is proportional, but not very. The D’Hondt formula for allocating seats favours larger parties. So does the fact that the number of seats available in each region (ranging from three in the North East of England to ten in the South East) is fairly low.

The results would certainly have been different had the elections been held using First Past the Post, as was the case for European elections in Great Britain before 1999. This system, still used for Westminster elections, awards a seat to the largest party in each constituency. Had voters cast the same votes as they did on Thursday, the Brexit Party would under First Past the Post have won almost every seat in England and Wales outside London and the Home Counties; the Liberal Democrats and Labour would have dominated in London and parts of its environs; the SNP would have captured every seat in Scotland; and the Conservatives would have been wiped out. In fact, many voters would not have cast the same votes as they did. For example, the anti-Brexit parties could probably have agreed joint candidates much more easily than under the actual system, helping them to secure some extra seats. But the Brexit Party would very likely still have scooped up most seats on less than a third of the vote. Continue reading

The EU (Withdrawal) Bill raises questions about the role of smaller opposition parties in the legislative process

leston.bandeira.thompson.and.mace (1)The EU (Withdrawal) Bill’s return to the Commons saw SNP MPs protest about their voices having been excluded from the debate. Louise Thompson explains how parliamentary procedures can indeed restrict debate for smaller opposition parties, and considers whether something ought to be done about it.

Following the first session of the EU (Withdrawal) Bill’s return to the Commons, most newspaper headlines focused of the battle between Theresa May and the group of backbench Conservative rebels seeking concessions from the government about parliament’s ‘meaningful vote’ on the Brexit deal. The front page of The National instead highlighted the lack of debate on the devolution clauses within the bill, which was limited to just 15 minutes, as well as the fact that only one SNP MP was able to speak. Just a few hours later, every single SNP MP walked out of the Commons chamber during Prime Minister’s Questions (PMQs) in protest about this issue – and the Speaker’s refusal to allow a vote that the House sit in private to discuss it. It’s not unknown for the SNP to deploy tactics like this in the chamber and it raises interesting questions about the role of smaller opposition parties in the Commons.

The parliamentary position of small ‘o’ opposition parties

When it comes to opposition in the House of Commons, it’s easy to focus attention solely on the ‘Official’ Opposition. But there are four (or five, or six) other opposition parties, depending on where you position the DUP and Sinn Fein. Just as parliamentary architecture in the Commons privileges a two-party system (with the green benches facing each other in adversarial style, the despatch boxes for the use of the government and official opposition party only), parliamentary procedures also help to underpin a system which seems to prioritise the ‘Official Opposition’. Hence, the guarantee of questions at PMQs.

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Intimidation of candidates and others during political campaigns: the report and recommendations of the Committee on Standards in Public Life

Photo.001Following December’s publication of the Committee on Standards in Public Life report on Intimidation in Public Life, the Constitution Unit hosted a panel on 21 March to discuss the Committee’s findings and recommendations. The seminar was chaired by Dr Jennifer Hudson, Associate Professor in Political Behaviour at UCL and leader of Parliamentary Candidates UK (PCUK). The list of panellists included Lord Bew, who serves as Chair of the Committee. Overall, the seminar aimed to reflect on the Committee’s report and its wider implications for the nature of British public life. In this post, Lotte Hargrave summarises what was said.

Following the 2017 general election, the Prime Minister asked the Committee on Standards in Public Life to conduct an independent, non-partisan inquiry into the issue of intimidation and harassment during elections. The report undertakes a review of the intimidation of parliamentary candidates, a third of whom experienced harassment and intimidation during the campaign. The forms of abuse were, in the words of the report, ‘persistent, vile and shocking’; threatening violence – sexual or otherwise – and property damage. Intimidation and abuse were often found to be clearly targeted at certain groups, including women and ethnic minorities.

Lord Bew, Chair of the Committee on Standards in Public Life

The Committee’s Chair, Lord Bew, spoke broadly about the intentions behind the report and the purposes of the inquiry itself. He began by explaining that the inquiry took an independent, non-partisan look at all aspects of intimidation and set about explaining how the Committee understood ‘intimidation’, emphasising this to be behaviour which would make it less likely for individuals to participate in public life. Lord Bew stressed the Committee recognised that vibrant and robust debate is an intrinsic part of British political life, and that they recognised this to be one of its great qualities. However, they stressed something new was happening to ‘debase our public life’. Without intervention, the Committee were concerned that individuals – particularly those in marginalised groups such as women or ethnic minorities – would be discouraged from participating in politics. Overall, it was stressed that the Committee did not necessarily understand there had been a growth in this type of abuse but that the velocity at which it was being delivered had increased. Lord Bew stated that the Committee believed that the 2014 Scottish independence referendum was a turning point, and that the problem has been exacerbated and abuse has proliferated due to the rise of social media.

Lord Bew reflected on the Committee’s meetings with social media companies (Twitter, Facebook, and Google) during the inquiry, and the companies’ ‘half-hearted’ attitude towards tackling online abuse. This was mentioned with particular reference to the slow speed at which they removed abusive online content, despite their extensive resources, profits and data collection activities. Throughout the inquiry, the Committee felt that social media companies were not doing enough, and did not display sufficient seriousness in their discussions with an inquiry that had been called for by the Prime Minister herself. Continue reading

Party conferences and Brexit

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Party conference season presented an opportunity for each of the political parties to set out their responses to the EU referendum result. Unsurprisingly, there were major differences between their respective visions for the post-Brexit landscape. Whilst the Liberal Democrat and Green leaders called for a second EU referendum, and the SNP promised a draft bill for a second independence referendum, at the Conservative conference the Prime Minister vowed to ‘get on with the job’ of negotiating Brexit. Ailsa McNeil offers an overview.

Following a long summer of uncertainty, with only Theresa May’s vague and much repeated statement that ‘Brexit means Brexit’ offering any semblance of clarity, conference season was a chance for Britain’s political parties to outline their post-referendum strategy. Of the main UK-wide parties the Greens were first to hold their conference, from 2–4 September, followed by UKIP on 16 and 17 September and the Liberal Democrats from 17–20 September. Labour’s conference was held in Liverpool from 25–28 September, whilst the Conservatives gathered in Birmingham from 2–5 October. Finally, the SNP conference took place in Glasgow from 13–15 October.

Conservative

Brexit dominated the Conservative conference. As well as the usual party leader’s speech to close the conference, Prime Minister Theresa May also delivered a speech focused on Brexit on the opening day.  She firmly dismissed the demands for a second referendum and promised to ‘get on with the job’ of negotiating Britain’s exit from the EU, pledging to invoke Article 50 by the end of March 2017.

In defiance of a legal challenge aiming to prevent the government from triggering Article 50 without parliament’s consent and of a large number of MPs and peers who have called for a parliamentary vote, the Prime Minister told the conference that it is ‘up to the government to trigger Article 50 and the government alone’. Although not unexpected –  in August she indicated that no parliamentary vote would be held – May’s stance is at odds with a considerable body of legal opinion, contending that such a move would both expand the royal prerogative arbitrarily and subvert parliamentary democracy (by undermining the express intention of the legislature, as expressed in the European Communities Act 1972).

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UK elects most diverse parliament ever but it’s still not representative

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Jennifer Hudson and Rosie Campbell assess the diversity of the new parliament and write that while the Class of 2015 has more female and BME MPs, it is still a long way from being descriptively representative of the population it serves.

Ahead of the 2015 election, broadcaster Jeremy Paxman argued that voters were being given a choice ‘between one man who was at primary school with Boris Johnson and one man who was at secondary school with him – both of whom did PPE at Oxford’.

Throughout the campaign, we’ve been gathering data on the parliamentary candidates to see if this lack of choice plays out across the board. Do the people elected to represent the UK, bear any resemblance to the public they represent?

Women on the rise

This year saw 48 more women elected that in 2010 – bringing the total number of women MPs to a record 191. Women make up 29% of newly elected MPs, up from 22% in 2010.

The Green party had the highest percentage of women candidates selected at 38%, but with chances in only a handful of seats, they had little chance of affecting parliamentary gender balance.

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