The Elections Bill’s proposals on Electoral Commission governance: risks to electoral integrity and devolution

The Elections Bill has been subject to both criticism and praise, as discussed by Emilia Cieslak on this blog, and a panel of experts at a recent Unit seminar. In this post, Unit Deputy Director Alan Renwick identifies the threats to electoral integrity and devolution posed by the clauses of the bill that propose changes to the governance of the Electoral Commission.

The Elections Bill, currently before parliament, seeks to change many aspects of electoral law. Provisions to introduce voter ID requirements at polling stations have garnered most attention. But changes to the governance of the Electoral Commission also raise serious concerns. As currently formulated, they threaten both to weaken the vital independence of the elections watchdog and to violate the principles of the devolution settlement in Scotland and Wales.

Electoral Commission governance: principles and current practice

The Electoral Commission carries out a range of functions in overseeing elections and referendums and regulating campaign spending. As I have argued previously – in common with many others, not least the Committee on Standards in Public Life (CSPL) in a report published in July – the independence of the elections watchdog is vital to electoral integrity. If the government of the day can skew election or referendum conduct to suit its own ends, fairness – and thus democracy – is undermined. The Electoral Commission should, of course, be accountable too. An appropriate balance of independence and accountability is needed.

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Who are the ‘unsung heroes’ of Westminster? Results from a survey of MPs staff

Portrait photo of Rebecca McKee

Last year’s outcry about extra funding to assist MPs whose staff were working remotely due to the pandemic demonstrated how little is understood about MPs’ offices and those who work in them. Rebecca McKee presents the first data from her project on MPs’ staff, summarising her findings in response to the question ‘who works for MPs? Much of the data presented here is from a survey of MPs’ staff and more information about the survey can be found on the project webpage.

We know more than ever about our MPs – who they are, what motivates them, and what they say and do in the course of their work. They work hard, and their workload is growing. But this work is supported by just over 3,000 staff, working in offices across the UK, and we know very little about these ‘unsung heroes’, as former Commons Speaker John Bercow called them. They undertake a wide variety of roles: as gatekeepers, controlling access by constituents and interest groups; they are resources, providing research and policy advice; they are channels, linking the constituency to Westminster; and they are providers of essential administrative support. They sit at what has been termed the ‘representational nexus’, as they represent the constituents to the MP and the MP to their constituents.

These individuals have an unusual employment status; they are not public servants in the way that a civil servant is. MPs are responsible for employing their own staff directly and they are able to set the direction of work and the roles of the staff needed to support them, essentially running 650 small businesses. They do so within a framework covering salaries and job descriptions, overseen by the Independent Parliamentary Standards Authority (IPSA). There is no formal hiring process and staff may lack some of the usual employment protections and support systems. Yet these roles can also provide the incumbents with significant benefits. Staff may be able to trade on the valuable experience they have gained and the networks they have become privy to. Some, but not all jobs, can be a stepping stone to a career as a parliamentarian, a political journalist, in a public affairs agency, or other role where knowledge of ‘the inside’ and a demonstrable ability to engage with it counts for a lot.

Yet not everyone can take advantage of these opportunities. The experience of a caseworker in a constituency office will differ from that of a parliamentary researcher in the Westminster office, simply on account of the different work they do, their exposure to Westminster politics and the people they interact with as part of their job.

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Standards in public life: are we in a post-Nolan age?

In 1995, the Nolan report established ‘Seven Principles of Public Life’. Twenty-five years later, questions have been raised about the continuing relevance of the Nolan principles. Lord (Jonathan) Evans of Weardale, Chair of the Committee on Standards in Public Life, argues here that although we are not not yet living in a ‘post-Nolan’ age, there are reasons for real concern.

In recent months we’ve heard a new phrase used by academics, commentators, and members of the public who have an interest in public standards. That phrase is a ‘post-Nolan age’. 

The sentiment is encapsulated in an email sent to my Committee’s mailbox earlier this year. A member of the public told us they ‘feel a great sadness that the moral framework which has guided British public life for the past quarter century appears to be well and truly over’.

The email referred to the growing perception that those in public life no longer feel obliged to follow the Nolan principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership – otherwise known as the Seven Principles of Public Life

These principles have long underpinned the spirit of public service in this country, and were first formally articulated in Lord Nolan’s seminal 1995 report – the first from the Committee on Standards in Public Life, of which I am now Chair.

Since 1995 it has been increasingly accepted that anyone in public service should act in accordance with the Seven Principles. The Principles apply to ministers and MPs, all civil servants, local government officials, public bodies, the NHS, agencies as well as private companies and charities delivering services on behalf of the taxpayer. The Principles are not a rulebook but a guide to institutional administration and personal conduct, and are given a hard edge when they inform law, policy, procedure and codes of conduct. 

In their essence, the Seven Principles are there to govern the legitimate use of entrusted power in public life. All of us in public life, whether through democratic election or public appointment, have some degree of power afforded to us on the public’s behalf, whether it is the power to make decisions on benefits, to spend money on schools, to legislate to protect public health or to influence debate. This power is lent to us to be used for the good of the public.

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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

Transparency, trust and parliamentary expenses: lessons from the International Parliamentary Regulators Conference

0.000Earlier this year, the Independent Parliamentary Standards Authority held the first ever conference for international parliamentary regulators. Here, Vicky Fox discusses how other national regulators operate, and offers an insight into some of the discussions  at the conference by academics, transparency advocates and serving members of the UK parliament.

In March 2019, the Independent Parliamentary Standards Authority (IPSA) hosted the world’s first conference for international parliamentary regulators. We brought together colleagues from 13 parliaments on five continents: Australia, Chile, France, Germany, Hong Kong, Ireland, New Zealand, Norway, Republic of (South) Korea, Scotland, Wales, Zambia and the UK. We talked about transparency and trust – what it means in the parliamentary regulatory sphere and the role that regulators, the media and elected politicians all play in creating trust in democracy.  

IPSA was created in the United Kingdom nine years ago in the wake of the expenses scandal. But there have been similar difficulties in other countries, including in Australia where an Independent Parliamentary Expenses Authority (IPEA) started operations in 2018. Systems of regulation vary across countries with differing degrees of independence from the national parliament. For example in Hong Kong, pay and allowances are set by the Hong Kong government on advice from an Independent Commission, whose members it appoints. The Legislative Council Secretariat processes pay and reimbursement of claims. In Norway MPs’ salary and other expenses are regulated by law and guidelines. MPs’ salary is set by the Storting, the Parliament, based on a recommendation from the Salary Commission. In Wales there is an Independent Remuneration Board which sets the pay and allowances for Assembly Members. And in Zambia, pay and expenses are set out in legislation and administered by the Speaker.   Continue reading