Celebrating 40 years of departmental select committees

involve_portraits_may18_029b (1)download.jpg.pngForty years ago, the House of Commons revolutionised the way in which it scrutinises government by creating departmental select committees so that each section of government now receives continual and detailed scrutiny by MPs. In June, a two-day conference was held to explore the past, present and future forms and functions of these committees. Rebecca McKee and Tom Caygill summarise some of the event’s key themes and contributions. 

Almost 40 years to the day since the debate to establish the first departmental select committees in late June 1979, the House of Commons and the Study of Parliament Group held a two-day conference in parliament. The conference showcased the work of the committees, reflecting on changes since 1979 and looked forward at emerging challenges and how committees may need to evolve for the future.

There were 15 panels over two days, with a range of speakers from academia, Whitehall, the House of Commons and civil society. In this post we consider themes from the conference, looking specifically at the past, present and future of departmental select committees. 

Looking back at 40 years of select committees

The history of select committees

With 40 years of departmental select committees to explore, the panel ‘History, origins and early days of select committees’ began by looking back to their inception in 1979. The panel heard contributions from Philip Aylett (clerk); Professor Gavin Drewry (Royal Holloway, University of London), Mike Everett (clerk), Sir David Natzler (former Clerk of the House), and was chaired by Oonagh Gay, (formerly of the Parliament and Constitution Centre). 

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The session began with a discussion of the work conducted by the Study of Parliament Group in helping to develop and monitor early select committees. It was noted that the group did not always speak with one voice. Bernard Crick, one of the group’s founders, initially argued against specialist committees. 

However, these committees were not a complete novelty. Committees have existed since the late 13th century, when the Committees of Triers and Examiners of Petitions were established. Their usage expanded over the centuries. A dramatic increase occurred in the 16th century following the designation (in 1547) of a special Committee Room in the House of Commons. 

The panel then turned to the 20th century. They argued that the 1960s were a dark age for select committees; the Estimates Committee existed but had a very narrow remit and committees avoided policy issues. In 1965 however, the Procedure Committee recommended a greater specialisation of select committee work and in 1966 discussions began between parties to develop specialist committees. Harold Wilson argued that select committees should expand their remit beyond financial questions to cover policy issues also. By the 1970s a different role started to emerge, similar to the Committees we recognise today. Continue reading

Losing political office: what next for the Prime Minister?

com.google.Chrome.wa6yx7 (1)Theresa May has formally resigned as Leader of the Conservative Party after almost three years as Prime Minister, a decision that will bring to an end a nine-year period of ministerial office. Before she formally leaves her post, Jane Roberts discusses how losing political office impacts on a person, and what the outgoing Prime Minister might do next.

The experience of losing political office

Spare a thought for Theresa May just now, consigned to an unkind history, yet still required to fulfil her official duties as Prime Minister whilst the jockeying amongst her potential successors takes place in the full glare of the media.

Of course, the transition from the highest political office in the land is never easy. Whatever the accomplishments in prime ministerial office, the end when it comes is almost inevitably a fall from grace. As John Keane has said, democracies specialize in bringing leaders down to earth. Harold Wilson is probably the only exception in the UK to this in recent times. Internationally, the former New Zealand Prime Minister, John Key was, in 2016, one of the very few heads of government to step down at a time of his own choosing, when he still remained popular and likely to win a fourth term in office. Few leaders, Key said, know when it is time to go and he was determined not to be one of them. Rather, he wanted to go whilst at the top and make way for new talent, echoing Thomas Jefferson in 1811 when he wrote that there is ‘a fullness of time when men should go, and not occupy too long the ground to which others have a right to advance.

Tony Blair was able – albeit under considerable pressure from his successor – to plan his own departure, but after a decade at Number 10, cocooned from the everyday realities of life, he had reportedly no idea even of how to book his own travel. But it is not just the practicalities of life that former prime ministers have to adjust to. Far more challenging is the psychological transition from no longer holding sway in office, in charge of the domestic agenda and with considerable influence internationally, hobnobbing with leaders across the globe. One moment, your every word and nuance are the subject of constant, intense interest and scrutiny; the next, you are a political has-been, no-one noticing, much less caring what you think. Simply, you no longer matter; people have already moved on to your possible successor. The long, patient moving up the political greasy pole that may well have involved considerable personal sacrifice comes to a likely sudden, hasty and inglorious end. In democratic terms, political exit is both inevitable and desirable but on a personal level for any prime minister – indeed for most elected politicians – it is a very significant loss. And it hurts badly, even if there is some relief in the mix too.

Yet, public and academic debate tends not to dwell on the experience of politicians leaving office – except perhaps for a brief, almost salacious focus on visible tears. My research, which involved in-depth interviews with former MPs (including former cabinet members but not former PMs) and council leaders, demonstrates that the experience of losing political office is more complicated for individuals and for their partners than many predict. This may be the case both for those former politicians who have been defeated and for those who have stood down, albeit with varying degrees of voluntariness. Continue reading

Brexit and the sovereignty of parliament: a backbencher’s view

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Brexit is a constitutional, legal, and political challenge of a size the UK has not seen in decades and will have consequences that are both uncertain and long-lasting. In this post, Dominic Grieve offers his distinctive perspective on Brexit, discussing the concept of parliamentary sovereignty, the role of international courts in UK law, and the more troubling aspects of the Withdrawal Bill itself. 

The EU and the sovereignty of parliament

My Brexiter colleagues have in varying degrees signed up to the view that EU membership undermines the sovereignty of parliament in a manner which is damaging to our independence and our parliamentary democracy. This certainly fits in with a national (if principally English) narrative that can be traced back past the Bill of Rights 1688 to Magna Carta in 1215.  This narrative has proved very enduring; it places parliament as the central bastion of our liberties.

But it can also be used merely as an assertion of power, particularly when the executive has effective control over parliament. It is with that power that parliament enacted the European Communities Act 1972, which gave primacy to EU law in our country. It was parliament that chose to allow what is now the Court of Justice of the European Union (CJEU) to override UK statute law, so as to ensure our conformity with EU law in all areas in which it has competence.

The justification for requiring that supremacy was that without it, achieving adherence to the treaties and convergence between member states in implementing EU law would be very difficult. This was not an unreasonable argument; but it is hard to avoid concluding that the supremacy of EU law lies at the root of the feeling of powerlessness felt by sections of the electorate and reflected in the referendum result. This feeling has been encouraged by the habit of successive UK governments to hide behind decisions of the EU as a justification for being unwilling to address problems raised by its own electors. But where the lawyer and politician in me parts company with the views of my Brexiter colleagues is in the extent to which they appear oblivious to the extent to which parliamentary sovereignty is not – and never has been – unfettered. Continue reading