What role should party members have in leadership elections?

As Boris Johnson and Keir Starmer continue to be investigated for possible breaches of lockdown rules, it is conceivable that both major parties could hold leadership contests in the near future. What role should party members have in those elections? The Unit asked Paul Goodman, Cat Smith and Tom Quinn for their view. Tom Fieldhouse summarises their responses.

The Westminster system, where the leader of the largest party in the House of Commons usually becomes Prime Minister, makes how parties select their leaders (and the electorate), matter enormously to the health of our democracy.

In light of the continuing uncertainty about whether the current Prime Minister, Boris Johnson, will face a leadership challenge, the Constitution Unit held a webinar on 7 April 2022, entitled ‘What role should party members have in leadership elections?’. The event was chaired by the Constitution Unit’s Director, Professor Meg Russell, and she was joined by three distinguished panellists: Paul Goodman, Editor of Conservativehome and former Conservative MP for Wycombe; Cat Smith MP, Labour Member of Parliament for Lancaster and Fleetwood; and Dr Tom Quinn, Senior Lecturer, Department of Government, University of Essex

The summaries below are presented in the order of the speakers’ contributions. The video of the full event, including a lively and informative Q&A, is available on our YouTube page, while the audio version forms a Unit podcast.

Paul Goodman

Paul began his contribution by providing some useful history, reminding us, that Conservativehome (under its previous editor), had risen to prominence when it campaigned for the right of Conservative Party members to have a role in electing party leaders.

He went on to explain that, at least in relation to Labour and the Conservatives, an intractable tension exists that prevents a perfect solution. On the one hand, party leaders are the leader of a political organisation – and so it follows that to have a democratic culture the party members should elect the leader. However, because both parties seek to govern (via exercising a majority in the House of Commons), they also need their leader to enjoy the confidence of MPs – suggesting it should be they who decide instead. Paul thought that, considering this tension, the best solution involves both members and MPs each having a say, and that the present Conservative Party system actually does quite a good job in this regard.

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What can be done about the House of Lords?

More than 20 years has passed since the hereditary peers were removed from the House of Lords in what was billed as the first phase of wider reform, and little has happened in the intervening decades. The Unit hosted a webinar to ask three long-serving parliamentarians what should change about the House of Lords, and how realistic is hope of major reform? Tom Fieldhouse summarises the discussion.

House of Lords reform is one of those issues that never seems to go away – in part because very little ever seems to happen.  

This perennial, complex, and often contentious issue was the subject of a Constitution Unit webinar, held on 13 January, entitled ‘What can be done about the House of Lords?’, where a distinguished panel of parliamentarians discussed the difficulties that hinder reform, whether new approaches are needed, and what those might be. 

The event was chaired by the Constitution Unit’s Director, Professor Meg Russell, herself an expert on the question of Lords reform. Speakers were Baroness (Angela) Smith of Basildon, Labour’s Shadow Leader of the House of Lords; Lord (Michael) Jay of Ewelme, Crossbench peer and former Chair of the House of Lords Appointments Commission; and Sir Bernard Jenkin MP, Conservative chair of the House of Commons Liaison Committee and former chair of the Public Administration and Constitutional Affairs Committee (PACAC), which has reported on Lords reform

The summaries below are presented in the order of the speakers’ contributions. The video of the full event, including a lively and informative Q&A, is available on our YouTube page, while the audio version forms a Unit podcast.  

Baroness Smith of Basildon 

Baroness Smith began her remarks by suggesting that whereas most debates about Lords reform tend to focus on ‘form’ (namely, who is in the second chamber and how they get there), we should begin by focusing on ‘function’ (what we want the chamber to do, and how it can best achieve that).  

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The Grocott Bill and the future of hereditary peers in the House of Lords

Today the House of Lords will announce the election of a new hereditary peer. Lord (Bruce) Grocott has once again put a bill before parliament to abolish the by-elections by which departing hereditary peers are replaced, following the removal of their automatic right to a seat in parliament in 1999. As David Beamish explains, the bill is unlikely to succeed despite having a great deal of support both inside and outside of the Lords. 

Following the Labour government’s reform of the House of Lords in 1999, 90 elected hereditary peers (as well as two office-holders, the Earl Marshal and Lord Great Chamberlain) remained part of the House of Lords, with – pending the promised second stage of reform – a system of by-elections to replace any who subsequently departed. The second stage did not happen and the by-elections remain as one of the strangest quirks of the UK constitution. In a 2018 blog post on the ongoing frustrations of those who sought reform to this system, I was rash enough to conclude that ‘there may nevertheless be some prospect of real progress in relation to both the size of the House of Lords and the ending of the hereditary peer by-elections’. The past three years appear to have proved me wrong.

House of Lords Standing Order 9(5) requires a by-election to be held within three months of a vacancy occurring among the hereditary peers (due to a death or retirement). This was suspended after the start of the pandemic in March 2020, alongside the postponement of local authority elections, initially until September, and then to the end of that year. Following a report from the Procedure and Privileges Committee, there was then another extension of the moratorium. A further report from that committee proposed yet another ‘short further suspension, until after Easter 2021, at which point the position should be reviewed again’. Finally, following another report from the committee, by-elections restarted, with a backlog of six vacancies to be filled.

There are five different electorates for by-elections: 15 of the 90 were elected by the whole House, and all members can vote in by-elections to replace them. The other 75 were elected by hereditary peers in their respective groups: 42 Conservatives, 28 Crossbenchers, three Liberal Democrats, and two Labour. The remaining hereditary peers in those groups can vote in by-elections to replace departed colleagues. Only four separate elections were needed when the moratorium on by-elections ended, as three of the vacancies were among the Conservative peers, and all three were filled together. For the first time, the arrangements were for the ballots to be conducted ‘using electronic means’, with the option of a postal vote for members ‘who have accessibility needs which mean they cannot use the online voting system or who do not have a parliamentary email address’. The four by-elections took place in June and July 2021.

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The Elections Bill: examining the evidence

The Elections Bill is currently being scrutinised by the Commons Public Administration and Constitutional Affairs Committee, which has received a large amount of evidence from a wide range of academics and organisations. Ahead of the Unit’s September webinar on the bill, Emilia Cieslak offered a summary of the key themes, including the parts of the bill that are welcomed, and the sections that have caused concern.

The Elections Bill currently before parliament aims to tackle a wide range of issues, including fighting electoral fraud, increasing parliamentary supervision of the Electoral Commission, and extending the franchise to more overseas electors and EU citizens. The bill recently received its second reading in the Commons. It is currently going through committee stage and is also being reviewed by the Commons Public Administration and Constitutional Affairs Committee (PACAC). While some provisions have proved popular, many have attracted criticism.

This post reviews the written evidence submissions to PACAC’s inquiry, focusing largely on the most controversial provisions: the introduction of photographic voter ID, changes to parliamentary scrutiny of the Electoral Commission, and reform of campaign spending rules. Before addressing those controversial aspects, however, I highlight sections of the bill that are generally welcomed.

Popular provisions

The bill proposes to abolish the current 15-year limit after which overseas electors become ineligible to vote. This has so far met very little opposition, and has strong support from groups representing British citizens living abroad. Several submissions (for example, from the Electoral Commission and Association of Electoral Administrators) do, however, draw attention to practical difficulties. And one submission, from Professor Justin Fisher, argues that the principled case for the change is not straightforward.

Meanwhile, no submissions oppose extending voting and candidacy rights to EU citizens through bilateral arrangements with individual member states. Most welcome changes to provision for voters with disabilities, though some identify what they see as flaws in certain elements of those measures.

The introduction of digital imprints is hailed as an overdue, necessary step to tackling the problem of misleading campaign material online. Most respondents writing on the topic argue that the provision is a good start, but that more is needed. Dr Sam Power comments that the provision should be accompanied by a renewed focus on citizen engagement and digital literacy campaigns. The Electoral Reform Society argues for a requirement that campaigners provide invoices on their digital spending, an open database for all political advertisements, and a code of practice on use of sensitive data. Multiple respondents warned about the rapid development of technology which means the legislation will require post-legislative scrutiny and frequent updates to avoid new loopholes developing.

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The Fixed-term Parliaments Act did not cause the Brexit impasse

Next week MPs debate the government’s bill to repeal the Fixed-term Parliaments Act 2011. One argument frequently deployed for scrapping the Act is that it generated gridlock over Brexit. But, Meg Russell argues, no clear counterfactual to support this claim has ever been presented. In fact, when considering the possible scenarios, it seems likely that the situation would have been made worse, not better, had the Prime Minister retained an untrammelled prerogative power to dissolve parliament in 2017–19.

Next week MPs debate the remaining stages of the Dissolution and Calling of Parliament Bill, which seeks to repeal the Fixed-term Parliaments Act 2011 (FTPA). It proposes to reinstate the pre-FTPA position, whereby the Prime Minister would effectively control general election timing using prerogative power. A key argument deployed by those seeking repeal of the FTPA is that it helped to cause the Brexit deadlock of 2019: that the FTPA, as the Conservative manifesto put it, ‘led to paralysis at a time the country needed decisive action’. But to what extent is this really true?

While suggestions that the FTPA created the Brexit deadlock are commonplace, most experts who contributed to the three parliamentary committees that have considered FTPA repeal (the Commons Public Administration and Constitutional Affairs Committee, Lords Constitution Committee and Joint Committee on the Fixed-term Parliaments Act) argued that the deadlock resulted from other factors. Most obvious were the post-2017 combination of a minority government, the need to deliver on a contested referendum result, and deep divisions within the governing party. These problems were clearly serious, and it is very far from clear that the FTPA could have resolved them.

A careful reading of the evidence presented to the three parliamentary committees, and of the Commons second reading debate on the bill, finds that most claims against the FTPA over Brexit are distinctly vague. No clear counterfactual is offered. This particularly applies to events during Theresa May’s premiership, when the most intractable problems arose. The situation did change in the autumn of 2019 under Boris Johnson (as discussed below), but the FTPA’s targeting as a causal factor dates back far earlier than this. Likewise, during interviews with a series of senior figures for a current book project on parliament and the Brexit process, I have asked several critics of the FTPA how, if Theresa May had been able to trigger an early general election without parliament’s consent, things would have turned out differently. I have yet to receive a convincing reply.

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