Resigning matters: how and when should someone give up public office?

Posted on February 6, 2025 by The Constitution Unit

Holding ministerial office or leading a public body involves challenges and duties that do not exist in the private sector. Using recent examples of high profile resignations by public office holders, former Commissioner for Public Appointments Peter Riddell argues that although it is rightly difficult to remove some public servants, it is also incumbent on them to know in what circumstances they should offer to resign. When they do not then do so, it should be difficult – but not impossible – for a minister to remove a person when confidence in their ability to fulfil their functions has been lost.

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Sunak’s standards slipping

Posted on July 20, 2023 by The Constitution Unit

Today the Unit published Monitor 84, providing analysis of constitutional events over the last four months. In this post, which also serves as the issue’s lead article, Meg Russell and Alan Renwick argue that while Rishi Sunak promised to place constitutional propriety at the forefront of his government, he has failed to meet the standards he set.

When Rishi Sunak became Prime Minister in October, he made a noble promise to head a government of ‘integrity, professionalism and accountability’. These were welcome words, and they defined standards that all governments should be held to. Sunak’s government is performing better against those standards than did its two immediate predecessors. Nevertheless, there are increasing concerns that it is still falling short, with potentially harmful consequences for the quality of governance and for public confidence.

Sunak inherited a difficult legacy from Boris Johnson (and Liz Truss, whose time in office was brief but eventful), and a difficult and divided governing party. Johnson has continued to cast a long shadow in the months since the last edition of Monitor. Conservative Party divisions have come, if anything, even more to the fore.

The most dramatic single constitutional event has been Johnson’s conflict with the House of Commons Privileges Committee. Its investigation into whether he deliberately misled parliament over partygate attracted significant attention, first through the former Prime Minister’s appearance in front of the committee, and subsequently through events around the publication of its report. Apprised of the committee’s conclusions, Johnson chose to resign his seat rather than contest his case in parliament (and possibly with the voters of Uxbridge and South Ruislip), and he and his supporters chose instead to rubbish the committee. The shock of a former Prime Minister facing parliamentary sanctions for such behaviour was only heightened by this undignified response – which triggered the committee to issue a further damning report.

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How should the Lord Chancellor and law officers safeguard the rule of law within government?

Posted on March 31, 2023 by The Constitution Unit

The government has now published its response to the Constitution Committee’s report on the role of the Lord Chancellor and government law officers, making clear it will take no action based on the committee’s recommendations. Will Knatchbull discusses the key findings of the report and argues that in some cases the committee has expressed clear policy preferences but then declined to recommend mechanisms to implement them.

The House of Lords Constitution Committee published its report on the role of the Lord Chancellor and the law officers (legal ministers as a collective) on 18 January. Since the changes made by the Constitutional Reform Act 2005, further reforms have been considered in reports from the Lords Constitution Committee and the Commons Public Administration and Constitutional Affairs Committee, a government consultation and a white paper. Ultimately, very little reform or reversal has occurred since the 2005 Act, and the government’s response to the report (published on 17 March), made clear that it will not review the existing arrangements.

The overall message of this latest report makes three important and related points: the value of the rule of law, the centrality of the legal ministers in being seen to uphold it within government, and the required character of the legal ministers to be able to do so. It is well summarised in this paragraph:

The thread running through this report is that the rule of law is vitally important to the health of our democracy. Whatever formal reforms might be contemplated, appointing those with the correct character, authority, intellect and independence is the best way to ensure that the Lord Chancellor and the Law Officers are able to defend it. [emphasis added]

This is an important statement and one that cannot easily be disputed. This blogpost will briefly examine three elements of the report: the engagement with the international rule of law, the nature of the role of Lord Chancellor and possibilities for reform of the role of the law officers. I will suggest the report is a step in the right direction. However, it may be too trusting of the political system and the politicians operating in it to produce and appoint individuals of the correct experience and calibre that would enable them to be the fierce guardians of the rule of law that the report envisages.

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Monitor 79: Is this what democratic backsliding feels like? Constitutional developments under the Johnson government.

Posted on November 10, 2021 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. The Brexit vote happened more than five years ago, but many of the the worrying constitutional trends that characterised the years that immediately followed the referendum remain a part of public life. Here, in the lead article from Monitor 79, Unit Director Meg Russell and Deputy Director Alan Renwick express serious concerns about a repeated lack of parliamentary scrutiny, proposed changes to the way elections are overseen and conducted, standards in public life, the proper role of government, and the effect of all four on the perception of our public servants.

Each new issue of Monitor for the last three years has reported on torrid developments in UK constitutional politics. Brexit, the 2019 general election and COVID-19 all raised new and difficult questions about democratic governance and the balance of power between our institutions. As the political dominance of the pandemic fades, and matters tentatively approach something closer to ‘normal’, constitutional controversy nonetheless remains centre stage.

A major question raised in the previous Monitor, and bubbling for some time before that, is whether the UK is witnessing a kind of ‘democratic backsliding’, whereby elected politicians gradually dismantle the checks and balances that constrain their power. The UK government’s legislative programme, and its wider activities as reported in this issue, have done little to soothe those fears. A valuable new online tracker, launched in October by the Public Law Project, allows for systematic exploration of constitutional developments throughout the period of the Johnson government.

The action that achieved greatest cut-through was the government’s extraordinarily ill-judged attempt to change how allegations of misconduct against MPs are dealt with, in response to dissatisfaction with the outcome of a given case – that of Conservative former cabinet minister Owen Paterson. The mechanism proposed for the review – a Commons committee with a government majority – was also entirely inappropriate. The ensuing controversy was still raging as Monitor went to press.

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Resigning matters: how and when should someone give up public office?

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Sunak’s standards slipping

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How should the Lord Chancellor and law officers safeguard the rule of law within government?

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Monitor 79: Is this what democratic backsliding feels like? Constitutional developments under the Johnson government.

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