Why the new Speaker may not always be able to play a straight bat

NGQojaZG_400x400 (1)On 4 November, the House of Commons elected Lindsay Hoyle to serve as Speaker, following the resignation of John Bercow. It has been treated as accepted wisdom that a different approach to the Speakership is called for. However, Bercow has taken decisions about the Commons’ handling of Brexit in circumstances where several – or all – of the available choices were potentially controversial. Jack Simson Caird argues that his successor might therefore find that trying to ‘play a straight bat’ is not as easy or appropriate as it might appear.

Lindsay Hoyle is the new Speaker of the House of Commons. Hoyle, like many of his fellow candidates for the role, sought to emphasise that he would be very different from John Bercow. One of the main narratives around the election was that the Speaker should be, in the words of Chris Bryant, ‘an umpire and not a player’. All the candidates, including Hoyle, pledged to follow Bercow in standing up for backbenchers, but at the same time suggested that he had made procedural decisions in the 2017 parliament that were problematic. It is in that context that this post seeks to revisit some of the major decisions taken by Bercow during the last parliament. In the narrative established by the media and several of the candidates during the election for his successor, Bercow’s major Brexit decisions were portrayed as the product of his personality, and a desire to be the focal point of political debate. However, when the Speaker’s key decisions are examined in context, that narrative seems rather simplistic. If, after the general election, Lindsay Hoyle is faced with a minority government that is seeking to push through constitutional reforms in the face of opposition from large numbers of MPs, then he may find himself in the political spotlight. The analysis below suggests that in that context, balancing a commitment to be a champion of backbench MPs and the desire to play procedural decisions with a ‘straight bat’ may prove to be difficult in practice.  Continue reading

Parliament, spin and the accurate reporting of Brexit

lisa.james.resized.staff.webpage.jpg (1).pngmeg_russell_2000x2500.jpgParliament has been the site of many of the key Brexit battles, and political journalists play a vital role in reporting such developments and holding politicians to account. But unfamiliarity with the workings of parliament can leave them vulnerable to spin. Lisa James and Meg Russell argue that when it comes to key aspects of parliamentary procedure, the present climate of anonymous briefings and counter-briefings may make reporters’ traditional sources less trustworthy than usual. But there are other sources to which they can, and should, be turning.

Parliamentary reporting has rarely been more exciting or important. From the ‘meaningful votes’ on Theresa May’s Brexit deal to the first Saturday sitting since 1982, parliament has been the site of ever-more suspenseful Brexit episodes. These have been narrated and analysed by reporters in real time – and followed by record audiences.

Recent weeks have seen a growing chorus of concern about the relationship between the Johnson government and the media, with the perceived misuse of anonymous briefing and spin coming under pointed criticism from senior journalists and former Conservative MPs. In this environment, parliamentary battles and controversies pose particular challenges for journalists. The more politics is played out in parliament, rather than around the cabinet table or in TV studios, the more important an understanding of parliamentary procedure becomes.

Raw politics of course is important in driving parliamentary outcomes. But parliamentary procedure sets the framework within which political questions are negotiated and resolved. It can determine which actors will have most influence and when. Hence if journalists misunderstand procedure, or are deliberately misled, they risk misrepresenting which political outcomes are likely to happen, and indeed which are even possible. Continue reading

Which MPs are responsible for failing to ‘get Brexit done’?

meg_russell_2000x2500.jpgToday Boris Johnson will give his leader’s speech at Conservative Party conference, doubtless with a central argument about the need to ‘get Brexit done’. MPs have been blamed for the failure to achieve this. But which MPs precisely are responsible? Meg Russell argues that opposition parties cannot normally be expected to deliver government policy. Instead, government backbenchers usually have that role. It is resistance from Conservative backbenchers – including Johnson himself and others promoted to his Cabinet – to supporting Theresa May’s deal that provides the most obvious reason for Brexit not having been agreed.

The slogan for this year’s Conservative Party conference, under the leadership of the new Prime Minister Boris Johnson, is to ‘get Brexit done’. Immediately following the Supreme Court ruling against the government last week, ill-tempered exchanges in the House of Commons saw the Prime Minister repeatedly blaming parliamentarians for failing to deliver Brexit. For example, Boris Johnson commented thatPoliticians of all parties promised the public that they would honour the result. Sadly, many have since done all they can to abandon those promises and to overturn that democratic vote’. In contrast he pledged thatWe will not betray the people who sent us here; we will not’, adding that ‘That is what the Opposition want to do’. Far stronger words, characteristically, have been ascribed to his chief adviser Dominic Cummings in blaming parliament for the Brexit impasse. Several papers have reported Cummings as suggesting that it was ‘not surprising’ that people are angry with MPs, as they have failed in their duty to get Brexit done. Given the risks that such comments further stoke such public anger against our democratic institutions, it seems important to consider exactly which MPs primarily bear responsibility for the failure to agree a Brexit plan.

First, a quick recap on what happened in the months before Johnson took office. His predecessor, Theresa May, pursued a lengthy negotiation with the EU27 – resulting in a withdrawal agreement that was signed off on 25 November 2018. Under the terms of Section 13 of the European Union (Withdrawal) Act, this deal was then put to an initial ‘meaningful vote’ in the House of Commons on 15 January 2019. However, it was defeated by MPs by a whopping 432 to 202 votes. The Prime Minister subsequently brought the deal back for a second such attempt on 12 March. By this point various MPs had been brought round to supporting the deal; but it was nonetheless still heavily defeated, by 391 votes to 242. A third and final attempt at getting the House of Commons to agree the deal then occurred on the originally-planned Brexit day, of 29 March 2019. This was not a ‘meaningful vote’ under the terms of the Act, as Speaker John Bercow had hinted that such a move could be ruled out of order – on the basis that MPs cannot just repeatedly be asked to vote upon the same proposition – but it was again an in-principle vote on the deal. Again the gap between supporters and opponents narrowed, but the government was defeated by 344 votes to 286 – a margin of 58. Hence a further 30 MPs would have needed to switch from opposing to supporting the deal in order for it to be clearly approved. Continue reading

The Good Parliament: what kind of Speaker do we need?

image_preview.jpgIt has been three years since The Good Parliament report made its recommendations on how to make parliament more diversity sensitive. Since then, the Cox report in the Commons has emphasised that reform of parliament and its internal processes remains necessary. In this post, the author of The Good Parliament, Sarah Childs, examines how the next Speaker could improve upon the work of their predecessor.

The next Speaker of the House of Commons will be elected on 4 November. The procedure involves a secret ballot of MPs, with successive ballots ‘until either a candidate wins more than 50% of the vote, or only one candidate remains’. The election comes at a time of political and, possibly institutional, crisis. Parliament is beset by swirling questions about its constitutional role and about what it means to hold elected office in the UK. On this blog, Dr Mark Bennister has drawn attention to the context, one marked by the politics of Brexit, parliamentary sovereignty, Speaker impartiality, institutional trust, backbenchers’ ‘rights’, and the building’s restoration and renewal. The question of the bullying and harassment of staff on the parliamentary estate and the Commons’ wider culture are also rightly part of this. 

The culture of the Commons was one of the three dimensions identified in The Good Parliament, a report published back in 2016. While only looking at Members, the report laid bare the extensiveness of diversity insensitivities at Westminster. Together with redressing inequalities of participation in the House and discriminatory and exclusionary parliamentary infrastructure, the report identified 43 recommendations that would transform the Commons into the Inter-Parliamentary Union’s ‘truly representative, transparent, accessible, accountable and effective parliament’.

Much has been achieved since then via the Speaker’s Reference Group on Representation and Inclusion, which was set up and chaired by John Bercow. It comprised male and female MPs with an established interest in equalities from across the parties, and included longstanding and newer MPs. Some dozen recommendations have been implemented in full, with another good handful still in train. Its most high profile successes include in 2017 the permanent establishment of the Women and Equalities Committee (WEC), which is chaired by Maria Miller, and in 2019 – working with the Mother of the House, Harriet Harman – the introduction of proxy voting for MPs on baby leave. The new EU SI Committee is required to be gender balanced because of an amendment tabled by members of the Reference Group; the diversity of Committee witnesses is now monitored by the administration and is a key concern of the Liaison Committee; and in a first for an established democracy, the IPU undertook a Gender Sensitive Parliament Audit (on which WEC was taking evidence at the time of prorogation). Continue reading

Electing a new Speaker: what happens next?

download.1.jpg (1)After over ten years as Speaker, John Bercow has announced his intention to stand down at the end of October. As for who will replace him, that is unclear and will be decided by an election amongst MPs, several of whom have already declared their candidacy. But how does that election work? Mark Bennister offers a guide to the process. 

During yet another dramatic day in the House of Commons on Monday 9 September, the Commons Speaker John Bercow announced he would be stepping down either ’when this Parliament ends’ (if the Commons voted for an early election) or on 31 October. As the motion for an early election under the Fixed-term Parliaments Act did not secure the required two-thirds majority, this means he will be in the Chair for some further drama until the end of October.

On 22 June 2019, John Bercow marked his tenth anniversary as Commons Speaker. He was the first Speaker to be elected under the new system of secret ballots (SO No. 1B). He is the longest serving Commons Speaker since Edward Fitzroy, who died in office in 1943, having served since 1928. John Bercow is therefore the longest serving post-war Speaker. He had at one point let it be known that he would serve no more than 9 years, however the snap election in 2017 and the aftermath of the EU referendum led to considerable speculation that he would alter his position and continue as Speaker for the full parliamentary term.

Despite publicly stating that parliament would be the first to hear of his intention to step down, expectation had mounted that his retirement was imminent. In October 2018, in the wake of the Cox report into harassment and bullying of House of Commons staff (in which he was personally criticised), there were reports suggesting that he would step down in June or July 2019. However, this prediction was proven wrong in May, when he said in a speech that he had no intention of departing in the immediate future. The prospect of an early election this autumn and reports that the Conservatives would field a candidate against him if he stood again in his Buckingham constituency may have prompted the decision to leave next month. He therefore chose to seize the opportunity before this most unusual prorogation and retire on his own terms. Continue reading

Pressures to recall parliament over Brexit during the summer seem likely – what if they occur?

meg_russell_2000x2500.jpgIMG_20190723_020219.jpg (1)A new Prime Minister is expected to be appointed tomorrow, the day before MPs break up for the summer recess. With just 14 weeks remaining before the current Article 50 deadline, the Commons is then not due to meet for almost six weeks. This creates some very obvious scrutiny gaps. Meg Russell and Daniel Gover suggest that pressures for a Commons ‘recall’ during the summer recess seem likely, but that this will revive difficult questions about who can, and should be able to, recall MPs.

On Thursday, MPs are due to leave Westminster for the summer recess. Yet, barring mishaps, a new Prime Minister is expected to be installed in Downing Street only the preceding day, making immediate parliamentary scrutiny of the new government’s key decisions all but impossible. An added pressure, of course, comes from the Brexit context. The current Article 50 deadline for the UK to depart the EU is 31 October, but parliament is due to remain closed for around half that time – for almost six weeks initially, until 3 September, followed by another break for the party conferences. During this period, calls for parliamentary scrutiny of the new government – most obviously over Brexit – seem very likely to grow. 

In this post we examine the pressures that may build for a recall of parliament during the summer, and what mechanisms exist for MPs if they do. Crucially, a formal Commons recall can only be initiated by the government – which may push parliamentarians towards innovative solutions. In the longer term, pressures for reform of the recall process may well be revived. 

Why there may be pressures for recall 

Demands for the Commons to be recalled from a recess are not unusual, as discussed below. However, they seem especially probable this year. MPs are set to break up just one day after the new Prime Minister takes office, while the tensions over Brexit and how he intends to handle this (particularly if the winner is Boris Johnson) are running high.

An initial challenge, raised in another recent post on this blog, is whether it will even be possible to know that the new Prime Minister and his government enjoy the confidence of parliament. The first action of a new premier is to appoint a cabinet, followed by junior ministers. Within the 24 hours available to the House of Commons, this process may not be complete. As the Commons’ confidence depends not only on the personality of the Prime Minister, but the personalities and balance of the whole government, this could well be brought into doubt. Additionally, there will be very little time under current plans for parliament to quiz the Prime Minister on his Brexit strategy. A statement on Wednesday afternoon or Thursday is possible, but not assured – and if MPs are dissatisfied there will be very little time to respond. The immediate start to the recess hence already looks problematic, and MPs may depart amidst claims that the new Prime Minister is dodging scrutiny. Continue reading