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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Coronavirus and constituents: working for an MP during a pandemic

IMG_20200430_150419.jpgAfter it was announced that IPSA had made an additional £10,000 available to MPs to support their office costs to help adapt to the ‘new normal’ of working from home with an increasing workload, there was much confusion and some misinformation about what this money was for. Emma Salisbury explains what MPs’ offices do, where that money might go, and what it has been like working for an MP as the UK has experienced a change in the way we live and work of a type that few (if any) people have experienced before.

The headlines were stark – MPs given £10,000 bonus to work from home! The news prompted criticism from political commentators and on social media, resulting in a petition (signed by 250,000 people) to reverse the decision. This wave of headlines prompted Lindsay Hoyle, Speaker of the House of Commons, to make a statement on the matter. Misinformation such as that put out about this issue has been one of the many democratic challenges of the coronavirus crisis, as the Unit’s Deputy Director, Alan Renwick, and Michela Palese have discussed elsewhere on this blog.

The truth is less exciting, and results in fewer sales and clicks. MPs pay for their offices and staff via the expenses system administered by IPSA, a body set up after the 2009 expenses scandal (for a summary of the 2009 scandal, see this recent blogpost by former Commons clerk Sir David Natzler). Each MP has budgets for their necessities: accommodation, travel, staffing, and office costs. The latter of these is how we pay for the boring things we need to run an office, everything from paperclips to envelopes to printer ink. In order to help support us during the pandemic, IPSA raised the cap on this budget by £10,000 to make sure that every MP’s office had the capacity, if needed, to buy whatever was necessary to make the transition to home working; if the MP or one of their staff does not have access to a computer or printer at home, for example, the budget can cover acquiring this equipment. 

All purchases reimbursed through IPSA need to be claimed for with a receipt and an explanation of why it was necessary, and the conditions of these new funds are no different. If IPSA decides that a claim for an item is not reasonable, then it can refuse to reimburse the MP for that expense, meaning it would have to come out of the MP’s own pocket. The extra amount is a cap, not a target: many MPs will not need to claim for the maximum additional amount. No matter how much of the budget MPs end up spending, this £10,000 is certainly not a lump sum gift to them or their staff.  Continue reading

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

Getting a new parliament up and running: what happens after the election?

sir_david_natzler.smiling.cropped.3840x1920.jpgbeamish.jpg (1)We may not yet know the result of the election, but we do know that we will have a new parliament. David Natzler and David Beamish explain what will happen when the new parliament commences next week. No matter the outcome of today’s vote, certain processes will need to be followed: parliament will need to be officially opened, MPs will need to be sworn in, and committees will need to be re-established — and their members and chairs must be elected.

The dates

The first days of a new parliament follow a well-trodden path, and the surest guide to what will happen is usually to look up what happened last time, in June 2017. However, much depends on the political context. And we will not know that context until the early hours of Friday 13 December at the earliest. All we know for sure is that the new parliament will meet on Tuesday 17 December, and that if the current Prime Minister returns, the State Opening – the start of the new session – will be only two days later, on Thursday 19 December. If there is a hung parliament, the State Opening could be delayed. Continue reading