Constitutional standards matter: the new Prime Minister must not forget that voters care about the honesty and integrity of their leaders

Tomorrow, it is expected that the UK will have a new Prime Minister. Whoever is appointed will have a number of high priority issues competing for their attention. Peter Riddell argues that constitutional standards should be near the top of the new PM’s to do list. He calls for a new Independent Adviser on Ministers’ Interests to be appointed, and warns against interfering with the Privileges Committee investigation into Boris Johnson.

The new Prime Minister is going to have such a large in tray of urgent decisions that there is a danger that the ethical and constitutional issues that largely brought down Boris Johnson will be neglected. There is an even worse risk that the wrong lessons will be learned from these events and that the future standards regime will be weaker than before, particularly over the Independent Adviser on Ministers’ Interests.

During the regional hustings meetings of the past few weeks, there have been hardly any references to the controversies over standards that so dramatically undermined Johnson’s position among Conservative MPs. As striking, and worrying, have been the recurrent attacks by Liz Truss’s supporters on unelected advisers and regulators, whether the civil service, the Bank of England, City and business regulators, or ethical watchdogs. In particular, while Rishi Sunak has said that he would quickly appoint a new Independent Adviser to fill the vacancy left by the resignation of Lord (Christopher) Geidt in mid-June, Truss has been more equivocal.

Truss has so far refused to commit to appointing an ethics adviser, arguing that she personally has ‘always acted with integrity’ and understands the difference between right and wrong. She has said that ‘one of the problems we have got in this country in the way we approach things is that we have numerous advisers and independent bodies, and rules and regulations’. While she would ‘ensure the correct apparatus is in place so that people are able to whistle-blow’, she believes that ‘ethics and responsibility cannot be out-sourced to an adviser’.

This view confuses the roles of advisers/regulators and ministers. In the case of the Independent Adviser, there is no outsourcing of ethics and responsibility. What the Adviser is being asked to do is to establish the facts about whether the Ministerial Code has been broken, while an elected politician, in this case the Prime Minister, decides whether a minister should be punished and what form any sanction should take. In that sense the Prime Minister is the guardian of the final judgement on ethics and responsibility. And there is now general agreement that there should be a range of sanctions, and not just resignation.

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Monitor 81. Johnson falls; what’s next for the constitution?

Today, the Unit published the 81st edition of Monitor, which provides analysis of the key constitutional news of the past four months. In this post, which also serves as the issue’s lead article, Meg Russell and Alan Renwick reflect on the collapse of Boris Johnson’s government, increasing concerns about ministerial and parliamentary standards, and continuing doubts about the future of the Union.

The preoccupying question in UK politics over recent months increasingly became when – rather than whether – the Prime Minister would be forced from office. In April, Boris Johnson was fined for breaching restrictions on social gatherings during lockdown, and the Commons referred him to its Privileges Committee for allegedly misleading parliament. In May, the Conservatives suffered steep losses in the local elections, and Sue Gray’s official report into ‘partygate’ was finally published, concluding that the ‘senior leadership at the centre, both political and official, must bear responsibility’ for the culture of disregard for the rules that had emerged. In June, Johnson survived a vote of no confidence among his MPs and the loss of two parliamentary by-elections, followed by the resignation of the Conservative Party Co-Chair, Oliver Dowden. But the resignation of Deputy Chief Whip Chris Pincher in early July, and Number 10’s bungled reaction to it, finally brought the Prime Minister down.

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Rebuilding constitutional standards: five questions for the next Conservative leader

Boris Johnson yesterday fired the starting gun on a Conservative leadership race which should make the winner Prime Minister. Meg Russell, Alan Renwick and Robert Hazell pose five key questions which Conservative MPs and others are encouraged to ask the party leadership candidates, based on recent public, parliamentary and expert concerns.

Boris Johnson’s premiership has been marked by ever-growing concerns about the maintenance of various constitutional standards, which in recent days have reached fever pitch. These were echoed repeatedly in ministerial resignation statements and calls for him to go. Recent opinion polls meanwhile show strong public support for constitutional standards of integrity and accountability.

Conservative MPs now have an opportunity to choose among candidates to take Johnson’s place, which also creates an important constitutional responsibility. A high priority when picking the next Conservative leader should be to restore the standards essential to UK democracy, in order both to rebuild integrity in politics, and to work towards rebuilding public trust.

This blogpost sets out five key questions for Conservative leadership candidates, reflecting concerns raised by the public, independent expert organisations, and MPs themselves. Conservative MPs and others are encouraged to prioritise these questions, and raise them with the candidates when the party is making its choice.

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What is democratic backsliding and is the UK at risk?

Concerns about the health of UK democracy and the risk of democratic backsliding are rising. Meg Russell, Alan Renwick and Lisa James warn that MPs, who are the ultimate democratic safeguard, cannot afford to be complacent if we wish to prevent backsliding and safeguard our democracy.

Commentators, civil society groups, think tanks and academics are increasingly warning about the health of UK democracy. Such warnings often draw on the concept of ‘democratic backsliding’.

But what is democratic backsliding? And is there good reason to worry about a risk of it in the UK?

What is democratic backsliding?

Democratic backsliding is, in its simplest form, the process by which a state becomes gradually less democratic over time. Scholars emphasise that no cataclysmic state collapse or overthrow is required for backsliding to take place; instead, it is a gradual process, coming about through actions of democratically elected leaders.

Democratic backsliding has been observed internationally, and extensively catalogued by scholars including Stephan Haggard and Robert Kaufman (Backsliding: Democratic Regress in the Contemporary World, 2021) and Steven Levitsky and Daniel Ziblatt (How Democracies Die, 2019). Such accounts generally define backsliding as involving the reduction of checks and balances on the executive. This might include:

  1. breakdown in the norms of political behaviour and standards;
  2. disempowerment of the legislature, the courts, and independent regulators;
  3. the reduction of civil liberties and press freedoms; and/or
  4. harm to the integrity of the electoral system.

Backsliding has been identified in multiple countries, with frequently cited cases including Poland, Hungary and the United States. Poland’s ruling Law and Justice Party has significantly reduced judicial independence, and put pressure on the independent media. In Hungary, Viktor Orbán has repeatedly assumed emergency powers allowing him effectively to bypass the legislature, undermined press freedom, and – as in Poland – curbed judicial independence. Donald Trump’s attempts to delegitimise the 2020 presidential election, as well as longer-term patterns of voter suppression, have shown how backsliding can affect even very well-established democracies.

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