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

How did parliament get into this Brexit mess, and how can it get out?

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Some, controversially including the Prime Minister, have accused parliament of failing on Brexit. Last week’s Article 50 extension hands parliament responsibility for solving the crisis. Here, Meg Russell reflects on why parliamentary agreement has thus far been difficult, and what parliament now needs to do.

This week’s Brexit events have been fast moving. Following a series of House of Commons votes on 12–14 March, the Prime Minister travelled to Brussels to negotiate an extension to the Article 50 period. Beforehand she made an extraordinary – and widely criticised – statement to the nation, seeking to lay the blame for the UK’s Brexit impasse at parliament’s door. Following many hours of discussion, the EU27 offered a limited extension: to 22 May if parliament approves the existing Withdrawal Agreement, else to 12 April, before which the UK government should ‘indicate a way forward’ for the EU’s further consideration.

This gives parliament (and specifically the House of Commons) an urgent task of resolving matters, to avoid the UK ‘crashing out’ without a deal in just under three weeks. To date, parliament has been unable to resolve the Brexit dilemma. This post explores why, before turning to what should happen next.

How did we get here?

As explored in a previous post, various factors have combined to make parliament’s Brexit dilemma unique. The most important is the context provided by the June 2016 referendum. By voting for ‘Leave’, the British public issued an instruction to government and parliament, which went against the prior views of most MPs. Politicians pledged to honour the referendum result, but as pointed out by various key actors (including the Commons Public Administration and Constitutional Affairs Committee, chaired by a leading Brexiteer, and the Independent Commission on Referendums), the instruction was far from clear. As we now know, there are many different competing visions of Brexit from which MPs could choose. To complicate matters further, Theresa May’s snap general election of 2017 delivered a hung parliament and minority government, making it far more difficult than usual for parliamentary majorities to form. Continue reading

One less of his nine lives for Ken, after Maya the moggie

The conventional political analysis of the “cat flap” between Home Secretary Theresa May and the Justice Secretary and Lord Chancellor Ken Clarke is that  by criticising  a cabinet colleague in public Ken used up another of his nine lives and may be heading for the chop in next spring’s reshuffle. The political world likes to have it both ways: to encourage speaking openly but when anybody actually  does, they get hammered for ill discipline.

Siding with Theresa and defending her conference speech flourish (I am not making this up), David Cameron rebuked Ken at least twice and has since promised to tighten up immigration rules.

Looked at differently however Ken was only doing his job as the defender of the judiciary in government, as he explained to his local paper the Nottingham Post.

“It’s not only the judges that all get furious when the Home Secretary
makes a parody of a court judgement, our commission who are helping us form our view on this (a British Bill of Human Rights) are not going to be entertained by laughable child-like examples being given,” said Mr Clarke.

“We have a policy and in my old-fashioned way when you serve in a
Government you express a collective policy of the Government, you don’t go
round telling everyone your personal opinion is different
.”

As later reports made clear, the reference to Maya the cat was lighthearted (“the cat need no longer fear having to adapt to Bolivian mice” –  always dangerous when judges try to get funny) and  was part of a much fuller description of the stability of the immigrant appellant’s life in this country.

As for the prime minister, between pushing the popular cause of tighter immigration controls and defending (or at least not distorting) a judicial ruling, is there any contest? If Ken is sacked, what does it say about the coalition’s respect for judicial independence?

The Ken Clarke Teletubby Hush Puppy Game?

Assuming you wished to criticise the Justice Secretary’s approach to criminal justice, what would you do? If you’re The Sun, you dress him up as a Teletubby and put him in an internet game in which players are invited to throw hush puppies at him. The Constitution Unit is non-partisan and so expresses no view on the merits of said game, which you can find here:

http://img.thesun.co.uk/multimedia/archive/01324/KenClarke-Hush3_1324584a.swf