How to make the select committee system more effective and influential

220px.Official_portrait_of_Dr_Sarah_Wollaston_crop_2Dr Sarah Wollaston, Chair of the Liaison Committee, discusses its new report into how the system of select committees can operate more effectively, both in terms of their place within the House of Commons and their external impact. New ways of working and more powers are suggested, such as taking a ‘digital first’ approach to reports and formalising formalising further the arrangements for the Prime Minister to appear before the Liaison Committee.

Even at times of deep political division, select committees often show parliament at its best. MPs work together across party lines to reach consensus and to hold the government of the day to account. This June marked the fortieth birthday of the departmental select committee system. The Liaison Committee, which is made up of the chairs of all select committees, took the opportunity to review what select committees do and how they do it, publishing our recommendations on 9 September, in a report entitled The effectiveness and influence of the committee system.

Our report introduces a new set of aims and objectives that better reflect the work of modern select committees. From climate change to social care, the impact of Brexit to fake news, select committees have become a driving force for investigation into emerging issues of the day. They have always been a place where the administration, policies and spending of government has been scrutinised. Since the banking crisis of 2008, they have increasingly become a place where those outside government who hold significant public roles or power over people’s lives can be held publicly to account. We recognise this role in investigating areas of public concern in our new aims and objectives and call for it to be reflected in our formal remits.

The new objectives talk about what we do; they also talk about how we do it. We have made progress in hearing from more diverse groups of people and engaging directly with the public in new and more inclusive ways. The Health and Social Care and Housing, Communities and Local Government Committees, which worked alongside a Citizens’ Assembly on Social Care, and the Petitions Committee’s inquiry into the online abuse of disabled people, are exemplars of how committees are increasingly engaging with people outside the usual groups who contribute and including those who have lived experience. 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

Celebrating 40 years of departmental select committees

involve_portraits_may18_029b (1)download.jpg.pngForty years ago, the House of Commons revolutionised the way in which it scrutinises government by creating departmental select committees so that each section of government now receives continual and detailed scrutiny by MPs. In June, a two-day conference was held to explore the past, present and future forms and functions of these committees. Rebecca McKee and Tom Caygill summarise some of the event’s key themes and contributions. 

Almost 40 years to the day since the debate to establish the first departmental select committees in late June 1979, the House of Commons and the Study of Parliament Group held a two-day conference in parliament. The conference showcased the work of the committees, reflecting on changes since 1979 and looked forward at emerging challenges and how committees may need to evolve for the future.

There were 15 panels over two days, with a range of speakers from academia, Whitehall, the House of Commons and civil society. In this post we consider themes from the conference, looking specifically at the past, present and future of departmental select committees. 

Looking back at 40 years of select committees

The history of select committees

With 40 years of departmental select committees to explore, the panel ‘History, origins and early days of select committees’ began by looking back to their inception in 1979. The panel heard contributions from Philip Aylett (clerk); Professor Gavin Drewry (Royal Holloway, University of London), Mike Everett (clerk), Sir David Natzler (former Clerk of the House), and was chaired by Oonagh Gay, (formerly of the Parliament and Constitution Centre). 

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The session began with a discussion of the work conducted by the Study of Parliament Group in helping to develop and monitor early select committees. It was noted that the group did not always speak with one voice. Bernard Crick, one of the group’s founders, initially argued against specialist committees. 

However, these committees were not a complete novelty. Committees have existed since the late 13th century, when the Committees of Triers and Examiners of Petitions were established. Their usage expanded over the centuries. A dramatic increase occurred in the 16th century following the designation (in 1547) of a special Committee Room in the House of Commons. 

The panel then turned to the 20th century. They argued that the 1960s were a dark age for select committees; the Estimates Committee existed but had a very narrow remit and committees avoided policy issues. In 1965 however, the Procedure Committee recommended a greater specialisation of select committee work and in 1966 discussions began between parties to develop specialist committees. Harold Wilson argued that select committees should expand their remit beyond financial questions to cover policy issues also. By the 1970s a different role started to emerge, similar to the Committees we recognise today. Continue reading

Effective and influential: where next for departmental select committees?

220px.Official_portrait_of_Dr_Sarah_Wollaston_crop_2Forty years after the creation of departmental select committees, it is beyond doubt that they have contributed significantly to the scrutiny of government. But could they be doing more? The House of Commons Liaison Committee has established an inquiry to answer this question. Dr Sarah Wollaston explains that this is a necessary task to ensure that committees continue to innovate and perform their crucial functions with the involvement of MPs, experts and the general public.

It is difficult to imagine a House of Commons without its select committees. They are places where MPs can come together and work across party divides, often showing parliament at its best. They are central to the scrutiny of government. They have the authority to question those with influence and power but are also forums where MPs engage with and listen to a range of voices, and provide a platform to those who might otherwise not be heard. Committee work provides an important focus for the working lives of many MPs, who can use them to develop and deploy their own expertise. But in fact this level and intensity of scrutiny of the government and other agencies of the state by parliament is a relatively recent phenomenon.

The departmental select committee system will celebrate its fortieth birthday in June this year. The Liaison Committee, which is made up of all the Chairs of the select committees, sees this anniversary as providing an unmissable opportunity to take stock and reflect on whether select committees are fulfilling their potential, and if not, to find what is stopping them. Do select committees do the right things, with the right people, resources, powers and outputs? What has worked well, and what could they do better?

The 1979 select committee reforms were heralded at the time as the start of a great new era. Norman St John Stevas, then Leader of the House, stated that the Commons was ‘embarking upon a series of changes that could constitute the most important parliamentary reforms of the century’. Although select committees had a long parliamentary history, their use had declined through the first half of the twentieth century. Writing in 1970, Bernard Crick, the political philosopher, noted that the government had resisted establishing a select committee system:

For one thing, Select Committees on matters of public policy have been thoroughly distrusted and disliked by the Whips; despite government majorities on them, they have an awkward tendency to develop cross-bench sentiment, and a shocking habit of regarding the Executive as guilty until it is proved innocent. Continue reading

The House of Commons and the Brexit deal: A veto player or a driver of policy?

pastedgraphic-1-e1494926560214With parliament set to vote on the government’s Brexit deal today, there is much speculation about what will happen if it is rejected. Here, former Clerk of Committees Andrew Kennon analyses the potential scenarios, including whether or not the House of Commons could end up running the country directly.

A key concern for the House of Commons when voting on the proposed deal with the European Union will be not only the merits of the agreement itself, but what happens if it is defeated. In theory, parliament – and in particular the House of Commons – is the ultimate source of constitutional authority within the UK system. But, in this particular circumstance, if MPs reject what is on offer, will they be able to take the initiative and impose a different course of action, or will they simply have to wait for the government to act?

The key problem for MPs wanting to implement other solutions to the Brexit deal is time – not just 29 March but debating time on the floor of the House. The government has complete control of the business and time of the House – with the exception of specific time set aside for the opposition and backbench business. Furthermore, any solution which requires legislation could only get through parliament with the government’s support.

But is it possible to contemplate the House taking the initiative in finding a solution to Brexit? If the government’s deal does not pass in the House on 15 January, might the government really say ‘we want to hear what the House thinks of the various options’?

An ‘All-Options’ debate?

At this point many MPs will want – and the public might expect – a debate leading to a vote on a whole range of options. In procedural terms, there is a clear precedent from 2003 when the House voted on a variety of options for the composition of a reformed House of Lords – though the salutary lesson from that experience is that each option was rejected. One group of MPs will be solidly opposed to opening up the options like this: those who oppose the government’s deal and want a no-deal exit. Continue reading

Pre-appointment scrutiny hearings

robert-hazell-350x350In September the Commons Public Administration and Constitutional Affairs Committee published their report into Pre-Appointment Scrutiny Hearings. Robert Hazell gave evidence to the committee’s inquiry on the subject; here he discusses the report’s conclusions, and describes the events that led to its being undertaken, including two Constitution Unit studies that evaluated the effectiveness of such scrutiny.  

The recently published report of the Commons Public Administration and Constitutional Affairs Committee (PACAC) was the product of an inquiry undertaken at the request of the Commons Liaison Committee, because of growing concerns amongst Select Committee chairs that pre-appointment scrutiny hearings were a charade, especially when the government ignored committee recommendations.  The Liaison Committee and PACAC both heard evidence from the former Constitution Unit Director, Professor Robert Hazell, who explained that pre-appointment hearings were more effective than MPs recognised, and suggested ways in which they could be made more effective still.

Pre-appointment scrutiny hearings were introduced by Gordon Brown, when he became Prime Minister in July 2007.  In his Green Paper The Governance of Britain he proposed:

… that the Government nominee for key positions … should be subject to a pre-appointment hearing with the relevant select committee. The hearing would be non-binding, but in the light of the report from the committee, Ministers would decide whether to proceed.  The hearings would cover issues such as the candidate’s suitability for the role, his or her key priorities, and the process used in the selection.

The Cabinet Office and the Liaison Committee subsequently agreed a list of just over 50 key positions which would be subject to the new procedure. Ten years later, by the end of the 2015-17 Parliament, there had been almost 100 scrutiny hearings, involving almost every single departmental Select Committee. The Constitution Unit conducted an early evaluation of the first 20 hearings in 2009-10, and a second study in 2016-17, looking at a further 70 hearings. Continue reading