Tag Archives: House of Commons

What future for the Terminally Ill Adults (End of Life) Bill? 

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A Private Members’ Bill on assisted dying is set to have its second reading this month. The government has declared itself neutral on the passage of the bill. David Natzler argues that the issue is too important for the government to risk the possibility of MPs not fully debating and voting on it. He says ministers should therefore ensure that the Commons can come to a decision on second reading, be open about plans for a public consultation, involve Parliamentary Counsel in the drafting process and allow for submission of written evidence to a prospective public bill committee.

Kim Leadbeater, MP for Spen Valley, was drawn first in the ballot for Private Members’ Bills (PMBs), and her bill on assisted dying –  the Terminally Ill Adults (End of Life) Bill – will be brought forward for second reading – the stage at which the House of Commons is asked to approve a bill in principle – on 29 November. The system at Westminster is such that any PMB opposed by a small but determined minority will not generally reach the Statute Book, exemplified recently by Rebecca Harris’ Daylight Saving Bill in 2010-12. The European Union (Referendum) Bill introduced by backbencher James Wharton in 2013 reached the Lords but perished there. The Leadbeater bill will be neither short nor simple, and it will evidently be controversial. If the bill does pass its second reading on 29 November, there will inevitably be demands that the government ensure that the bill does not perish for lack of parliamentary time at its later stages.  

Past experience 

Other comparably controversial PMBs have reached the statute book in living memory, particularly in the late 1960s on abortion, capital punishment, homosexuality and divorce reform. Their individual histories are fascinating and diverse but distinguished by one common factor: the provision of extra time by the Wilson government to the extent that they became PMBs in name only. The government generally favoured the policy being implemented, at first exercised a benevolent neutrality, and then found ‘government’ time for the bills to proceed. But the record of the 1960s does not mean that governments are obliged to find time for all high-profile PMBs which pass second reading. 

What can be done now? 

All that the Terminally Ill Adults (End of Life) Bill has to date in terms of government support are repeated assurances from the Prime Minister that time would be found for a debate and decision on the general issue. That is now more or less certain to happen. If a PMB had not been presented as one of the seven ballot bills guaranteed a full day’s debate, the government might have felt obliged to bring forward a non-binding motion of its own to test the balance of opinion of the Commons, but outside the legislative process: and probably not in this first session of the parliament. It remains unclear if the Prime Minister or the government are committed to helping the bill if it passes second reading. The Cabinet is divided, with the Deputy Prime Minister, the Health Secretary and the Justice Secretary all opposed to the bill. The larger parties seem similarly divided. If the bill does pass second reading, the crunch decision point will come at report stage. But there are four things that can and should be done now. 

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MPs’ role in the constitution

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MPs play a central role in all democratic systems, but this is particularly true in the UK given its tradition of ‘parliamentary sovereignty’. With judges unable to strike down Acts of Parliament for unconstitutionality, MPs have a key role in constitutional protection. Like MPs elsewhere, they also have responsibilities for upholding the constitution and democracy in many other ways, most obviously through holding the government to account, and representing the public, but also, for example, through maintaining standards of political debate. Meg Russell and Lisa James summarise these various important roles. 

Members of parliament are central political actors in all democratic systems. Legislatures are highly visible institutions, and MPs have key roles representing citizens, debating key policy matters, scrutinising the executive and approving major changes to the law. The legislature is at the heart of any functioning national democracy. 

Hence MPs routinely have important roles within the constitution. But some of their wider roles and responsibilities in upholding and protecting the constitution are less often spoken about. In an age of populism and ‘democratic backsliding’ these deserve reflection. As sadly seen in various countries, MPs are important gatekeepers whose consent can facilitate the dismantling of democratic norms and institutions. But where they stand firm, they can be bulwarks against decline. 

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What is the point of maiden speeches?

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This year’s general election saw 335 new MPs elected to the House of Commons. Parliament has thus seen a large number of so-called ‘maiden speeches’, with many more still to come. In this post, Tom Fleming discusses maiden speeches’ potential benefits and downsides, and whether parliament could use its limited time more effectively. 

As parliament returns for its September sitting, we can expect to hear plenty more ‘maiden speeches’: the first speech by each newly-elected MP. These were very prominent in the short July sitting after the general election, given that over half of all MPs are new to the House. This blogpost explores the benefits and downsides of these speeches, and asks whether – and how – limited parliamentary time could be used more effectively. 

What are maiden speeches? 

An MP’s first speech in the House of Commons after they are elected is generally known as a maiden speech. As set out in the MPs’ Guide to Procedure, such speeches are supposed to be relatively brief and uncontroversial, and relevant to the subject under debate. It is also conventional for MPs to talk about their constituency, and to pay tribute to its previous MP. These speeches are usually given some priority in debates, and other MPs may not intervene during them. MPs have traditionally not spoken in the Commons chamber in any way (such as asking questions) until after their maiden speech, but – as with the content of the speech – they are free to disregard this convention. 

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The House of Commons Modernisation Committee: background, opportunities, and potential pitfalls

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The House of Commons has voted to establish a new Modernisation Committee. Tom Fleming and Hannah Kelly explore the opportunities and challenges facing this new committee, drawing on their recent Constitution Unit report on past approaches to delivering House of Commons reform.

Last week MPs voted to establish a new select committee, the Modernisation Committee, ‘to consider reforms to House of Commons procedures, standards, and working practices’. This proposal was brought forward by the Leader of the House, Lucy Powell, and was promised in the Labour manifesto.

The name implies similarity with the previous Modernisation Committee, which was appointed under the last Labour government between 1997 and 2010, and which we analysed in our recent Constitution Unit report, Delivering House of Commons Reform: What Works?. This blogpost therefore draws on that research to evaluate the opportunities and potential pitfalls facing the new committee.

A new Modernisation Committee

The committee will have 14 members – nine Labour MPs, three Conservatives, and two Liberal Democrats – to be nominated via a future motion from the Leader of the House. It will include the Leader of the House herself (who expects to chair the committee) and the Conservatives’ Shadow Leader, Chris Philp. Though Powell wasn’t explicit in last week’s debate about how other members of the committee would be selected, Philp indicated that they would be chosen by their parties’ whips.

The committee’s composition will therefore be unusual in two ways. First, House of Commons select committees usually only include backbench MPs. Second, since 2010 the members of most select committees have been chosen by their fellow MPs via intra-party elections, not by party whips.

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Starmer’s challenges and early steps towards constitutional renewal

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Today, the Unit published Monitor 87, providing analysis of constitutional events over the last four months. This post by Meg Russell and Alan Renwick also serves as the issue’s lead article. It discusses the Labour landslide at the general election and the new-look House of Commons; the constitutional changes we can expect from the new government (such as House of Lords reform, measures on standards, and increased devolution in England); and unexpected changes in political leadership in Northern Ireland, Scotland and Wales. It also warns that aspects of the election campaign show that the divisive politics plaguing the UK has not gone away. And it commits the Unit to work hard to inform the new government, new opposition parties and wider public about the constitutional challenges ahead.

Since the last edition of Monitor was published four months ago, the face of UK politics has radically changed. Most obviously, a general election was unexpectedly called, and the dramatic results delivered a Labour landslide and therefore a change of government. Former Leader of the Opposition Keir Starmer is now the UK’s Prime Minister, while former Prime Minister Rishi Sunak is (at least for now) Leader of the Opposition. The Shadow Cabinet has very largely become the Cabinet, while many members of Sunak’s government lost their seats, as did former Prime Minister Liz Truss.

The Labour manifesto (analysed alongside others on the Unit blog) promised various constitutional changes, some of which were reflected in the King’s speech given on 17 July. The government promises reform of the House of Lords, with a first session bill to remove the hereditary peers; it is committed to reforming appointments and shrinking the size of the chamber, before turning to larger-scale reform. It also promises quick action on changes to the territorial constitution, with a new Council of the Nations and Regions, and further devolution within England. The speech reiterated plans to act on the integrity of elections and encourage participation – the manifesto pledged to extend the franchise to 16 and 17-year-olds, and improve electoral registration. As for the manifesto commitment to create a new Ethics and Integrity Commission, legislation on the detail of this is expected later – the Unit published a report on the options in March. Beyond legislation, the government has committed to creating a new House of Commons Modernisation Committee – a topic on which the Unit likewise issued a report, in June.  

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