Starmer’s challenges and early steps towards constitutional renewal

Today, the Unit published Monitor 87, providing analysis of constitutional events over the last four months. This post by Meg Russell and Alan Renwick also serves as the issue’s lead article. It discusses the Labour landslide at the general election and the new-look House of Commons; the constitutional changes we can expect from the new government (such as House of Lords reform, measures on standards, and increased devolution in England); and unexpected changes in political leadership in Northern Ireland, Scotland and Wales. It also warns that aspects of the election campaign show that the divisive politics plaguing the UK has not gone away. And it commits the Unit to work hard to inform the new government, new opposition parties and wider public about the constitutional challenges ahead.

Since the last edition of Monitor was published four months ago, the face of UK politics has radically changed. Most obviously, a general election was unexpectedly called, and the dramatic results delivered a Labour landslide and therefore a change of government. Former Leader of the Opposition Keir Starmer is now the UK’s Prime Minister, while former Prime Minister Rishi Sunak is (at least for now) Leader of the Opposition. The Shadow Cabinet has very largely become the Cabinet, while many members of Sunak’s government lost their seats, as did former Prime Minister Liz Truss.

The Labour manifesto (analysed alongside others on the Unit blog) promised various constitutional changes, some of which were reflected in the King’s speech given on 17 July. The government promises reform of the House of Lords, with a first session bill to remove the hereditary peers; it is committed to reforming appointments and shrinking the size of the chamber, before turning to larger-scale reform. It also promises quick action on changes to the territorial constitution, with a new Council of the Nations and Regions, and further devolution within England. The speech reiterated plans to act on the integrity of elections and encourage participation – the manifesto pledged to extend the franchise to 16 and 17-year-olds, and improve electoral registration. As for the manifesto commitment to create a new Ethics and Integrity Commission, legislation on the detail of this is expected later – the Unit published a report on the options in March. Beyond legislation, the government has committed to creating a new House of Commons Modernisation Committee – a topic on which the Unit likewise issued a report, in June.  

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In praise of post-election transition periods 

The UK is about to embark on its first July general election since 1945. After an initial burst of activity, this timing will give both government and parliament some breathing space before ‘politics as usual’ resumes in the autumn. Various experts have previously indicated the benefits of a more formal post-election transition period. Meg Russell summarises these, suggesting that the unusual circumstances in 2024 might encourage reflection on longer-term changes to the system. 

Rishi Sunak’s election timing surprised many. Tomorrow’s vote represents the first UK general election held in July since 1945. Prior to the last election, held in December 2019, all of the previous 10 contests had taken place in April, May or June.  

An earlier post on this blog in praise of fixed-term parliaments discussed the downsides of the uncertainty over this year’s timing. This follow-up post instead considers some of the potential upsides of the timetable, in terms of likely events in the weeks and months ahead. After polling day, parliament is due to reconvene on 9 July, with a King’s speech setting out the government’s intended legislative programme following on 17 July. The start date for parliament’s summer recess seems likely to be delayed slightly from the previously planned 23 July. But there will be little appetite – among MPs, their staff, civil servants or journalists – for parliamentary activity in August. This makes an enforced break of several weeks very likely, allowing election participants to recover, but also to plan ahead. 

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The (un)Conservative effect on the constitution: 2010-2024

This week sees the publication of Anthony Seldon and Tom Egerton’s new book, The Conservative Effect 2010-2024: 14 Wasted Years?. The book reviews the record of the Conservative Party in government across various topics. Constitution Unit Director Meg Russell contributed the book’s chapter on ‘Government, Parliament and the Constitution’, and summarises it here. 

A sustained period of Conservative government would normally be expected to usher in constitutional stability. But the reverse applied to most of the period 2010-24. During this time constitutional controversies were rarely far from the news, partly due to deliberately planned changes, but more often to radically shifting conventions and political behaviour. The direction of change was also very far from consistent. The initial coalition period primarily saw pressures towards greater constitutional pluralism, though Liberal Democrat ambitions were often held back by Cameron’s Conservatives. Later, any prospect of calm under single-party government was quickly punctured by Brexit, which eventually brought into question almost every aspect of the UK’s constitutional arrangements. Boris Johnson’s populist approach, in particular, was characterised by wholesale disregard for constitutional norms.  

In 2012 Philip Norton emphasised that Conservative traditions valued constitutional conventions, parliament, and a strong government tempered by checks and balances, and might contemplate change that would ‘maintain, not destroy, the system’. This suggests that, if one commonality can be discerned across the 2010-24 period of constitutional extremes, it is its largely unconservative nature. 

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Parliamentary reform in the 2024 party manifestos 

The main party manifestos have now been published, allowing exploration and comparison of their constitutional proposals. In this second post in a series on the manifestos, Meg Russell looks at the parties’ commitments on parliamentary reform. What are they promising, and what are the prospects for these proposed changes? 

Yesterday on this blog, Lisa James reviewed the constitutional proposals presented by the political parties in their 2024 general election manifestos. Unsurprisingly, parliamentary reform is a key area that appears in several of them. Most parties include aspirations to reform the House of Lords, and some make other commitments on the House of Commons, or the overall power of parliament. This second post in the Constitution Unit’s manifesto series reviews these proposals, reflecting on their origins, merits, and prospects for implementation. It starts with the power of parliament as a whole, before moving to the Commons, and then the Lords. 

The power of parliament 

It is primarily the Liberal Democrats that give space to parliament’s overall place in the constitution – an area subject to significant recent controversy. The Brexit referendum of 2016 led to fierce clashes in parliament, and unusually high-profile arguments about both parliamentary procedure and the limits of the government’s prerogative power. Brexit also raised new questions about parliament’s powers over policy matters that returned to the UK following its exit from the European Union. 

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In praise of fixed-term parliaments

The surprise general election may leave many suddenly nostalgic for the principle of fixed-term parliaments. The original central arguments for fixed terms have been reawakened. In this post, Meg Russell and Robert Hazell revisit these long-standing arguments, summarise the birth and death of the Fixed-term Parliaments Act 2011, and argue that – on the basis of UK and international experience – we should consider returning Westminster to fixed terms. 

The lengthy and debilitating speculation about when Rishi Sunak might call the general election may have reminded many of the arguments in favour of fixed-term parliaments. His shock announcement on 22 May that such an election would take place in July only reinforces those views. This blog post revisits the arguments for fixed terms, reminds readers of how the Fixed-term Parliaments Act 2011 (FTPA) was created and abolished, and argues for reintroduction of the principle of fixed terms – albeit with flexibility to allow early elections on occasion, as applies in many other democracies (and existed under the FTPA). 

The arguments for fixed-term parliaments 

The following is a summary of points in favour of the principle of fixed-term parliaments: 

  • Allowing the government to decide the timing of elections provides an unjustified incumbency advantage. 
  • It also confers disproportionate power on the executive over parliament. 
  • A fixed election cycle is better for both civil service and electoral administration planning, and encourages more long-term thinking in government. 
  • Fixed terms are also better for political parties, prospective parliamentary candidates, and the regulation of election spending. 
  • Speculation about an early election may unnecessarily unsettle commercial and economic decisions. 
  • Parliamentary business, including the work of select committees, can be planned and carried through with less risk of interruption.  

These are not our words; they are drawn (mostly verbatim) from the report of the cross-party parliamentary Joint Committee on the Fixed-term Parliaments Act (paragraph 17), published in March 2021. Based on recent experience, some of them may now feel very familiar. 

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