How has the House of Lords adapted to the coronavirus crisis?

beamish.jpg (1)Since the passage of the Coronavirus Act 2020 and the UK ‘lockdown’, there has been much debate on this blog and elsewhere about how the House of Commons should function during a period of ‘shielding’ and ‘social distancing’. Little attention has been paid, by contrast, to the procedures and practices adopted by the House of Lords. As David Beamish explains, the Commons has tried to return to ‘normality’, whereas the Lords has embraced hybrid proceedings and remote voting in a way that may leave it irrevocably altered.

On 9 March the House of Commons Commission and House of Lords Commission issued a short joint statement following a meeting ‘to discuss Parliament’s response to Coronavirus’. On 11 March the World Health Organization declared a pandemic, and on 13 March the Speakers of the two Houses, Lindsay Hoyle and Lord (Norman) Fowler, sent a joint letter to all members about restrictions on parliamentary travel and visitors to the parliamentary estate in order to reduce the risk of infection from COVID-19. They sent another joint letter on 17 March, announcing more stringent restrictions on access to the estate. Since then, however, the approaches taken by the two Houses have diverged significantly. The Commons initially introduced hybrid proceedings in April, while the Lords introduced a mix of virtual-only and physical-only proceedings, subsequently moving to a hybrid model only this month – just as the Commons ended its own hybrid arrangements. David Natzler’s blog post of 13 May set out what the House of Commons had done to enable MPs to operate remotely, and the dismantling of those arrangements has since caused significant controversy. This post looks at what has been happening in the House of Lords, which has attracted far less public attention. As things stand, the Lords seems to have now instituted the very kinds of proceedings that many MPs are pressing to see reinstated.

The Lord Speaker works from home

On 19 March the 82-year-old Lord Speaker made a personal statement, announcing that he would ‘withdraw from the House for the time being’, and that he would be ‘working from home’ – with his Woolsack duties to be carried out by his deputies.

The average age of the Speaker and his 23 deputies was at that point 76, with only four aged under 70. So it was unsurprising that on 23 March the House agreed to a motion that ‘until 21 July 2020, and notwithstanding the normal practice of the House, any member of the House may perform the duties of a Deputy Chairman without further motion’. Five additional members took on this role, and on 21 April were formally appointed, at once reducing the average age of the panel by over three years.

Initial restrictions on business in the chamber

On Thursday 25 March, before the House adjourned for an extended Easter recess (which had been due to start at the close of business on 1 April), it agreed to a business motion restricting until 21 May (the start of the Whitsun recess) the kinds of business which could be taken: there would be no Private Members’ Bills, balloted debates or Questions for Short Debate. In moving this motion the Leader of the House (Baroness Evans of Bowes Park) announced that for the first three weeks after the return of the House on 21 April it would sit only on Tuesdays, Wednesdays and Thursdays. On Tuesdays it would meet at 1pm (instead of 2.30pm) and on Wednesdays at 11am (instead of 3pm); Thursday sittings would begin at 11am as usual. She also announced ‘that a working group of senior officials from both Houses and the Parliamentary Digital Service has been set up to develop effective remote collaboration and videoconferencing’.

When the House returned at 1pm on Tuesday 21 April, the scene in the chamber was strikingly different from normal, with only about a dozen ‘socially distanced’ members physically present. The first business was the introduction of two new life peers, Lord Grimstone of Boscobel and Lord Greenhalgh, who had quietly been appointed ministers in March. They did not wear robes and did not have the usual two supporters. Continue reading

Building a ‘virtual parliament’: how our democratic institutions can function during the coronavirus

sir_david_natzler.smiling.cropped.3840x1920.jpgSince David Natzler last wrote for this blog on the options available to parliament when it returns this week, the Commons and Lords have been making their arrangements for a ‘virtual parliament’. In this post, David discusses the plans put forward so far and the obstacles to their implementation. He argues that the most difficult question, if a virtual parliament is approved, is how MPs and peers will vote.

In the first part of this blog I want to record three particular aspects of the way in which proposals for virtual parliamentary sittings have developed since my blog of Sunday 5 April. In the second part, I look ahead at likely and desirable outcomes. I conclude with some further thoughts on voting.  

The expanded role of the House of Commons Commission

The House of Commons Commission held virtual meetings on Monday 6 and Thursday 16 April. At its 6 April meeting it warned that any special arrangements for the House’s return on 21 April would need to start in the preceding week. At its 16 April meeting the Commission endorsed plans for the use of Zoom to allow up to 120 members to take part in interrogatory virtual proceedings, and for up to 50 members to take part in the Chamber. This hybrid arrangement will need the approval of the House on 21 April.

The Commission is a statutory body which employs the staff of the House and oversees its expenditure. Its assent is required for new services, including digital services and equipment, such as new screens for the Commons chamber or new software. It has no authority to determine how the proceedings of the House should be conducted. But it fills a vacuum in the House of Commons, bringing together for formal decision making the Speaker, who chairs the Commission, the Leader of the House, the Shadow Leader of the House and a senior SNP member, Pete Wishart. These members can be expected to represent their parties, so if the Commission is willing to fund and support the preparatory work for a scheme of virtual participation, and set out in considerable detail how it should work in practice, then it must be assumed that the party leaders support it, at least in outline. As the Clerk of the House and the Director General are also members of the Commission, its proposals can be expected to be capable of implementation. To that extent the Commission has been acting as a substitute for what is missing at Westminster, a House Business Committee or Bureau, as is common in many parliaments and was recommended by the Wright Committee in 2009. Continue reading

Parliament and COVID-19: the Coronavirus Bill and beyond

sir_david_natzler.smiling.cropped.3840x1920.jpgThe Coronavirus Bill introduced by the government last week will be debated by parliament in circumstances where it is harder for both Houses to meet, scrutinise and vote than at any time in recent memory. How should parliament respond to both the legislation and the crisis that prompted it? Former Clerk of the Commons David Natzler outlines the key issues facing MPs and peers as they consider how parliament should function in the coming months.

Just as the dust is settling on the first phase of the Brexit marathon, and the Constitution Unit and others are examining the role played by Parliament over the past three years, COVID-19 presents itself wholly unexpectedly as a challenge to all the nation’s institutions. Parliament was settling in for five years of single-party majority government and it looked as if, Brexit deal aside, it would be relatively smooth sailing. Now parliament faces the challenge of fulfilling its role in a COVID-19 environment.

The Coronavirus Bill

The government published its Coronavirus Bill on Thursday 19 March, having already revealed the policy proposals to which it gives effect in its Action Plan (published on 3 March) and a more detailed prospectus (published on 17 March). The bill has 87 clauses and 27 Schedules, totalling 321 pages of legislative text. The Explanatory Notes run to 73 pages, and there is a 31-page long memorandum on the implications for human rights.

Commons scrutiny

The bill is to be debated in the House of Commons on Monday 23 March for a maximum of six hours: up to four hours on second reading and two hours for committee of the whole House and remaining stages. The House decided on 18 March to disapply the EVEL Standing Orders in relation to the bill, so it will be spared the rigmarole of forming a Legislative Grand Committee.

It has been possible to table amendments since the bill was introduced. Four amendments and four new clauses were tabled on the day of its publication, and more may be expected in so-called ‘manuscript’ form on the day. They mainly address the issue of for how long the Act will be in force. The bill establishes that its provisions will apply for two years, with provisions for individual powers to be ‘sunsetted’ earlier or indeed revived if it falls due to a sunset clause. It also provides for a general debate in both Houses after one year. Both the official opposition and a cross-party group are proposing systems of six-monthly debate and renewal only if the House so decides. It is perhaps significant that the Irish parliament last week passed a similar bill and as a result of amendment decided that it should last for one year. This is an area where some change is likely; both the Scottish Government, and independent human rights organisations such as Liberty, have expressed concerns about the sunset and scrutiny provisions as currently drafted. Continue reading

Lords reform is back on the agenda: what are the options?

meg_russell_2000x2500.jpgSince December’s general election, proposals for Lords reform have abounded – emerging from both government briefings, and proposals floated during Labour’s leadership contest. Meg Russell, a well-established expert on Lords reform, reviews the wide variety of options floated, their past history, and their likelihood of success – before the topic may get referred to the government’s proposed Constitution, Democracy and Human Rights Commission.

Reform of the House of Lords is a perennial in British politics. Elections come and go, political parties often make promises to reform the Lords, and generally political obstacles of various kinds – or simply just other political priorities – get in the way. As indicated below, and chronicled in my 2013 book The Contemporary House of Lords, some proposals still under discussion have been mooted for literally hundreds of years. Occasionally breakthroughs occur: significant reforms included the Parliament Acts 1911 and 1949 (which altered the chamber’s powers), the Life Peerages Act 1958 (which began moving it away from being an overwhelmingly hereditary chamber), and the House of Lords Act 1999 (which greatly accelerated that process, removing most remaining hereditary peers). Since this last reform there have been numerous proposals, through government white papers, parliamentary committee reports and even a Royal Commission (which reported in 2000), but little actual reform. The last major government bill on Lords reform — abandoned in 2012 — was under the Conservative-Liberal Democrat coalition. Its sponsor, Deputy Prime Minister Nick Clegg, no doubt came to agree with renowned constitutional historian Lord (Peter) Hennessy, who has dubbed Lords reform the ‘Bermuda Triangle of British politics’.

Nonetheless, following December’s general election the topic is firmly back on the agenda. The Conservative manifesto flagged it as a possible matter for discussion by the promised Commission on the Constitution, Democracy and Human Rights (which is yet to be established). Various proposals from the government side have been floated in the media – the most eye-catching perhaps being a suggestion that the House of Lords might move to York. Meanwhile, other Lords reform ideas have featured in debates during the Labour Party leadership (and deputy leadership) contest. As often occurs, the topic has also been made salient by concerns about new appointments to the chamber. Continue reading

Pressures to recall parliament over Brexit during the summer seem likely – what if they occur?

meg_russell_2000x2500.jpgIMG_20190723_020219.jpg (1)A new Prime Minister is expected to be appointed tomorrow, the day before MPs break up for the summer recess. With just 14 weeks remaining before the current Article 50 deadline, the Commons is then not due to meet for almost six weeks. This creates some very obvious scrutiny gaps. Meg Russell and Daniel Gover suggest that pressures for a Commons ‘recall’ during the summer recess seem likely, but that this will revive difficult questions about who can, and should be able to, recall MPs.

On Thursday, MPs are due to leave Westminster for the summer recess. Yet, barring mishaps, a new Prime Minister is expected to be installed in Downing Street only the preceding day, making immediate parliamentary scrutiny of the new government’s key decisions all but impossible. An added pressure, of course, comes from the Brexit context. The current Article 50 deadline for the UK to depart the EU is 31 October, but parliament is due to remain closed for around half that time – for almost six weeks initially, until 3 September, followed by another break for the party conferences. During this period, calls for parliamentary scrutiny of the new government – most obviously over Brexit – seem very likely to grow. 

In this post we examine the pressures that may build for a recall of parliament during the summer, and what mechanisms exist for MPs if they do. Crucially, a formal Commons recall can only be initiated by the government – which may push parliamentarians towards innovative solutions. In the longer term, pressures for reform of the recall process may well be revived. 

Why there may be pressures for recall 

Demands for the Commons to be recalled from a recess are not unusual, as discussed below. However, they seem especially probable this year. MPs are set to break up just one day after the new Prime Minister takes office, while the tensions over Brexit and how he intends to handle this (particularly if the winner is Boris Johnson) are running high.

An initial challenge, raised in another recent post on this blog, is whether it will even be possible to know that the new Prime Minister and his government enjoy the confidence of parliament. The first action of a new premier is to appoint a cabinet, followed by junior ministers. Within the 24 hours available to the House of Commons, this process may not be complete. As the Commons’ confidence depends not only on the personality of the Prime Minister, but the personalities and balance of the whole government, this could well be brought into doubt. Additionally, there will be very little time under current plans for parliament to quiz the Prime Minister on his Brexit strategy. A statement on Wednesday afternoon or Thursday is possible, but not assured – and if MPs are dissatisfied there will be very little time to respond. The immediate start to the recess hence already looks problematic, and MPs may depart amidst claims that the new Prime Minister is dodging scrutiny. Continue reading

The Charter review should take steps to enable the BBC to work independently and without government interference

Jack_Sheldon

With the BBC’s Royal Charter up for renewal Lord Fowler, who chaired the Lords committee scrutinising the last review, came to The Constitution Unit to talk about the future of the BBC. He argued that the Royal Charter affords too much power to the government and that the BBC should therefore be established as a statutory corporation, enabling it to work independently and without government interference. Jack Sheldon reports.

Four days after the general election it was widely reported that the new government was ‘at war’ with the BBC ahead of the renewal of its Royal Charter, due by 2017. Downing Street sources were quoted as saying that the new Culture Secretary, John Whittingdale, intended to ‘sort out ’ the national broadcaster and some media outlets indicated that the future of the licence fee was in doubt. Whilst David Cameron has since dismissed these suggestions much uncertainty continues to surround the BBC’s future governance structure, funding and programming.

As Robert Hazell has explained on this blog the formal responsibility for Charter renewal lies with the Privy Council, which can be expected to approve without discussion an Order in Council drafted by the government. It is not necessary for the Charter to be taken through any formal parliamentary process, though select committees in both Houses have embarked on inquiries (to be undertaken by the Culture, Media and Sport Committee in the Commons and the Communications Committee in the Lords). On 14 July Lord Fowler, who chaired the Lords committee last time the Charter was up for renewal in 2005-06, led a debate in the upper house titled ‘Future of the BBC’ in which he warned that the corporation ‘is under unprecedented attack’. Fowler came to The Constitution Unit on 19 October to talk about the renewal process and his hopes for the current review.

Continue reading