Where would an English Parliament be located?

Ongoing Constitution Unit research is exploring options for an English Parliament. The choice of location would have major practical implications, as well as being of high symbolic importance. Jack Sheldon sets out the factors that would need to be considered. He suggests that while a ‘dual mandate’ English Parliament would almost certainly meet at Westminster, a separately-elected body would most likely be located outside London.

Since last autumn Professor Meg Russell and I have been working on a research project exploring the options for an English Parliament. Although there have been various calls over the last 20 years to establish such a body, how might it actually be designed in practice? Unlike other issues relating to powers, functions, structure and composition, the decision on where to locate an English Parliament would not fundamentally affect constitutional arrangements. However, it would have major practical implications and be of high symbolic importance. This blog post focuses on the issues that would need to be considered in selecting a location and suggests how a decision might be reached.

The size of an English Parliament

Decisions on location would need to be made in light of the number of members an English Parliament would have. Our research has identified two competing models supported by proponents of an English Parliament, which point to different conclusions on this.

Under the ‘dual mandate’ model the English Parliament would be composed of members of the UK House of Commons that sit for English constituencies. The number of members would therefore be equal to the number of English Westminster MPs – currently 533, reducing to 501 if the proposed boundary changes are implemented.

Under the ‘separately-elected’ model a new directly-elected institution would be created. Considerations of cost-saving and consistency with the UK’s existing devolved legislatures mean that it would be likely to be a unicameral body of approximately 300 members. This would be sufficient to provide enough members to serve on committees and perform other parliamentary roles. If combined with a reduction in the size of the UK parliament, perhaps to around 350 members, an increase in the overall number of elected politicians could be avoided.

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Options for an English Parliament: policy powers and financial arrangements

Ongoing Constitution Unit research is exploring options for an English Parliament. Two of the most fundamental questions concern what policy powers such a body would have and financial arrangements. Jack Sheldon suggests that an English Parliament would be likely to have policy and fiscal powers resembling those of the Scottish Parliament, and that a new funding formula would be required to cover the costs of devolved services. These developments would have major implications not only for England but also for the other parts of the UK.

Since last autumn Professor Meg Russell and I have been working on a research project exploring the options for an English Parliament. Although there have been various calls over the last 20 years to establish such a body, how might it actually work in practice? Two of the most fundamental questions, which have major implications for other aspects of institutional design, concern what policy powers an English Parliament would have and what kind of financial arrangements would be possible. This blog post focuses on these questions.

What English Parliament supporters have said

English Parliament supporters emphasise restoring equality among the UK’s nations, in light of what they see as the unfairness of present devolution arrangements. It is thus unsurprising that they have often set the powers of the Scottish Parliament as a benchmark. The Campaign for an English Parliament (CEP) state prominently on their website that they campaign for an institution ‘with powers at least as great as those of Scotland’. This demand has been echoed by MPs who are in favour, including David Davis, Frank Field and John Redwood. In the aftermath of the Scottish independence referendum Redwood wrote that ‘As we seek to put into legislation what Gordon Brown called Home Rule for Scotland we must do the same for England’.

To the extent that they have addressed finance, advocates of an English Parliament have focused on criticism of the Barnett Formula, which provides more generous per capita government spending in Scotland than in England. Eddie Bone of the CEP has linked the continued use of the formula to ‘closures of A&E departments and council services across England’. Frank Field has likewise been highly critical of the formula, saying that ‘it is totally unacceptable that the poor in [his] constituency should be less well supported than the poor in Scottish constituencies’. Proponents have said less about what sort of financial arrangements they envisage following an English Parliament’s establishment.

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The EU Withdrawal Bill: parliamentary prospects

The EU (Withdrawal) Bill received its second reading in the House of Commons by a relatively comfortable margin in the early hours of Tuesday morning. During the remainder of its parliamentary passage the government is likely to come under greater pressure, particularly on the issue of the delegated powers in the bill. On 13 September the BBC’s Mark D’Arcy and the Hansard Society’s Ruth Fox spoke about the prospects at the Constitution Unit. Alex Diggens and Jack Sheldon summarise what was said.

The European Union (Withdrawal) Bill looks set to be one of the most significant and controversial pieces of legislation to pass through parliament in recent memory. Ostensibly a bill to repeal the European Communities Act 1972 and manage the process of converting EU law into domestic law, the bill has far greater scope. It hands significant delegated powers to ministers, allowing them to make changes to remedy supposed ‘deficiencies’ in both secondary and primary legislation through statutory instruments (SIs) and to implement the eventual withdrawal agreement. It also has major implications for the devolution settlements, as outlined in a previous blog post.

In the early hours of Tuesday morning the bill received its second reading in the Commons by the relatively comfortable margin of 326 votes to 290. However, the upcoming Commons committee and report stages, as well as the bill’s passage through the House of Lords, are likely to pose much greater difficulty for the government. On 13 September the Constitution Unit held a seminar to discuss the prospects. Chaired by the Unit’s Dr Alan Renwick, the panel comprised two experts on the dynamics at play: Mark D’Arcy, the BBC’s Parliamentary Correspondent, and Dr Ruth Fox, Director of the Hansard Society.

Dr Alan Renwick introduces the seminar

Mark D’Arcy

Mark D’Arcy focused his remarks on the party-political landscape in relation to the bill and the key types of amendments that are being brought forward.

On the party-political landscape, D’Arcy argued that the bill’s passage will be a drawn-out battle, but one that the government go into reasonably confidently. He said that 10 Downing Street is working hard to keep open links with all of the Conservative factions, and that none of them is seeking to kill the bill. The Tory ‘Remain’ contingent in the Commons is small, and they recall the infighting during the Major years; they therefore recognise that actively fighting Brexit would be ‘career death’. D’Arcy suggested that ‘Bregretters’ might be a more accurate term for this group as they do not actually seek to prevent Brexit. The House of Lords have expressed significant reservations about the bill, notably through the influential Constitution Committee, but D’Arcy predicted that they will be constrained by not wanting to be seen fighting against ‘the people’.

As soon as the second reading vote went through the Commons, queues were forming to put amendments forward. The ‘Bregretters’ put down several, led by the former Attorney General Dominic Grieve. The focus of their amendments was on overseeing the technical operation of the bill, particularly on identifying which SIs require thorough parliamentary scrutiny. Another group of amendments comes from the Labour ‘Remain’ group. These tend to be more ambitious – they keep open options for the future, for instance the option to remain in the Customs Union, or perhaps even the European Economic Area. Other groups have more niche concerns – for example, some MPs are pushing to entrench specific rights provided by EU law.

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The electoral system for an English Parliament: options and implications

Ongoing Constitution Unit research is exploring options for an English Parliament. One essential question for such a body is the choice of electoral system. In this post Jack Sheldon and Meg Russell focus on the possible implications of using FPTP as compared to using AMS or another proportional system. They conclude that the choice of system would have substantial effects on an English Parliament’s likely political dynamics.

Since last autumn we have been working on a research project exploring the options for an English Parliament. Although there have been various calls over the last 20 years to establish such a body, how might it actually work in practice? One question that would need to be addressed is the choice of electoral system. In this post we focus on the possible implications of alternative systems.

Models for an English Parliament and likely electoral systems

Our research has identified two primary models for an English Parliament. Some proponents, including Conservative MPs John Redwood and Andrew Rosindell, want a ‘dual mandate’ body, whereby members of the UK House of Commons sitting for English constituencies would meet as the English Parliament on certain days. This clearly implies that members of the English Parliament would be chosen by first past the post (FPTP), at least so long as it continues to be used for UK general elections.

The alternative model is for a separately-elected English Parliament, equivalent to the existing devolved legislatures elsewhere in the UK. Proponents of this kind of change have generally said little about the choice of electoral system. FPTP has not been used for any new institutions in recent years and so a proportional system is more likely. AMS is used in both Scotland and Wales, and given these precedents it seems the most likely system to be adopted. A major part of the rationale for establishing an English Parliament is to bring more coherence and symmetry to the UK’s constitutional arrangements. UKIP’s 2017 election manifesto, which included a proposal for a separately-elected English Parliament, explicitly suggested that an English Parliament should be elected under AMS, while in correspondence  with the authors senior Campaign for an English Parliament figures have stated that ‘the electoral systems for all the devolved administrations should be the same’.

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Options for an English Parliament: lessons from existing decentralised states

Jack_SheldonMeg-Russell

Last year the Constitution Unit began work on a project exploring the options for an English Parliament. As part of this research we are examining arrangements in other decentralised states, particularly those which are federal, to draw out lessons for the design of political institutions were an English Parliament to be established. Jack Sheldon and Meg Russell summarise some early findings.

Last autumn we began work on a research project exploring the options for an English Parliament. As outlined in a previous blog post, calls for an English Parliament have long existed, but frequently been dismissed by academics and mainstream politicians. However, in recent years the salience of questions concerning England’s constitutional status has increased and as a result the idea has gained new supporters. Despite this no detailed analysis of the design options for an English Parliament – including key questions such as its possible powers, structure and location – has previously been undertaken. We are aiming to close this gap and plan to publish a report in late 2017.

As part of our research we are examining constitutional arrangements in existing decentralised states, including those which are federal. In this blog post we present some early findings from a survey of arrangements in the 22 states that are listed as federations by the Forum of Federations. The establishment of an English Parliament would not necessarily imply a federal arrangement for the UK, but certainly something like it – with separate legislative institutions for the four historic nations. When drawing out comparative lessons, looking at existing federal states is therefore an obvious place to start.

What are federations and when are they established?

The term federalism covers a wide range of political systems in which legislative powers are divided between state and sub-state levels (see Dardanelli and Kincaid, 2016, for further discussion of the definition). Among the 22 federations listed by the Forum of Federations there are 11 parliamentary systems, nine presidential or semi-presidential systems and two that fall into none of these categories. Even within these categories there is great variation in institutional structures.

The classic early federations – the United States, Australia and Canada, for example – were comprised of existing autonomous political systems. ‘Coming together’ federations of this type remain more numerous than ‘holding together’ federations formed from previously unitary states (for discussion of this distinction see Stepan, 1999). However, the latter category has grown in the post-1945 period. Examples of ‘holding together’ federations include Belgium and India, whilst Spain – though not strictly a federation – has moved in an increasingly federal direction. Were it to move in the direction of a more federal structure the UK would not, therefore, be out of step with developments elsewhere.

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What might an English Parliament look like? The Constitution Unit is consulting on the design options

Jack_SheldonMeg-RussellThe Constitution Unit has recently begun work on a new project examining the design options for an English Parliament. This was once seen as an unrealistic proposal but support has grown in recent years and it therefore now deserves to be taken more seriously. Nonetheless many major questions about what an English Parliament might actually look like remain unaddressed. In this post Jack Sheldon and Meg Russell set these questions out and invite views on them through a consultation that is now open and will close on 27 January 2017.

Calls for an English Parliament have long existed, but frequently been rejected by academics and mainstream politicians. Although a Campaign for an English Parliament was set up in 1998, as the devolved institutions were being established for Scotland, Wales and Northern Ireland, the idea did not get off the ground. A central argument has been that such a parliament, thanks to representing almost 85 per cent of the UK’s population, would, in the words of the 1973 Kilbrandon Commission on the Constitution, result in a Union ‘so unbalanced as to be unworkable’ (para 531). As critics such as Vernon Bogdanor (p. 13) have pointed out, no major existing federation has a component part this dominant, and unbalanced federal systems (e.g. the former USSR and Yugoslavia), have tended to fail. Elites have thus often proposed devolution within England, rather than to England as a whole, as the preferred solution to the ‘English question’, and considered an English Parliament an unrealistic proposal. As the Constitution Unit’s Robert Hazell wrote in 2006, ‘An English Parliament is not seriously on the political agenda, and will never get onto the agenda unless serious politicians begin to espouse it’.

Growing salience of the English question

But various factors have increased the salience of questions around England’s place in the devolution settlement, and the idea of an English Parliament has gained new friends as a result. One factor is the gradually greater powers of the Scottish Parliament and the Welsh Assembly beyond those bestowed in the 1990s – including legislative powers in an increasing number of fields and significant tax-raising powers. This means that a growing amount of business at Westminster concerns England (or sometimes England and Wales) alone. In turn, this brings the famous ‘West Lothian question’, concerning the voting rights of MPs elected from the devolved nations, more to the fore. The Conservative government consequently introduced a form of ‘English votes for English laws’ (EVEL) in 2015, through changes to House of Commons standing orders. But the new arrangements have been rejected by opposition parties, so might not survive a change of government. Furthermore, the version of EVEL that has been introduced does not actually prevent Scottish, Welsh and Northern Irish MPs from vetoing English-only legislation. It is therefore far from clear that this will prove to be a satisfactory long-term solution.

Another contributing factor is growing interest in the future of the Union pre- and post- the 2014 Scottish independence referendum. Various unionist politicians, pundits and other political observers have considered how Scottish demands for greater autonomy may be satisfied within the UK, and federalism is being increasingly discussed. The EU referendum result has led some such as Professor Jim Gallagher (Director-General, Devolution Strategy at the Cabinet Office from 2007–10) to suggest that the devolved nations, whilst remaining within the UK, might each pursue different relationships with the EU post-Brexit. Heavyweight political support for something similar has come from former Prime Minister Gordon Brown and former Shadow Foreign Secretary Douglas Alexander. The threat of a second Scottish independence referendum, announced by First Minister Nicola Sturgeon in the immediate aftermath of the Brexit vote and repeated since, means the government needs to take such proposals seriously. This would clearly require the consequences for England to be addressed.

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Parting shots from the Lord Speaker: Baroness D’Souza reflects on the House of Lords and its future

raffaella-breeze-300x300Jack_Sheldon

On Wednesday 20 July the Constitution Unit and the House of Lords authorities hosted a special event at which Baroness D’Souza reflected on her five years as Lord Speaker in conversation with Professor Meg Russell. The conversation covered the highs and lows of her tenure, as well as the issues of the size, composition and reputation of the House. Raffaella Breeze and Jack Sheldon report on the event.

At an event held on 20 July, organised by the Constitution Unit and the House of Lords authorities, the outgoing Lord Speaker Baroness D’Souza reflected on the highs and lows of her five years in the role in conversation with Professor Meg Russell, Director of the Constitution Unit. Baroness D’Souza also used the opportunity to address the pressing issues of the size and reputation of the House of Lords, indicating her own preferences for a cap on the size of the House and restrictions on Prime Ministerial patronage.

Baroness D’Souza is the second peer to hold the position of Lord Speaker, established under the Constitutional Reform Act 2005. Both Baroness Hayman, the inaugural holder of the office, and Lord Fowler, the former Conservative cabinet minister who will take on the role in September, were also present at the event. Baroness D’Souza recalled her objectives when she took office in 2011: to guard the reputation of the House, to expand its outreach programme outside of the UK, and to strengthen the relationship with the House of Commons. If Baroness Hayman’s role had been to create the position, hers was to develop and consolidate it.

The growth of the international outreach programme has been a particular feature of Baroness D’Souza’s tenure. She emphasised the vital importance of building institutional links with other parliaments, for example through exchanges of officials with parliaments in developing democracies, and opening up second channels of communication with countries where bilateral relations have gone sour, such as Russia and Taiwan. Baroness D’Souza spoke about how the international outreach programme had allowed her to pursue some of her other interests, such as promoting the role of women in politics. As Lord Speaker she had also pressed for more efficient, focused meetings of organisations such as the Inter-Parliamentary Union and Commonwealth Parliamentary Association.

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