Tag Archives: ministerial code

Constitutional watchdogs: restoring the role

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Unit research shows that the public cares deeply about ethics and integrity in public life. Many constitutional and ethical watchdogs exist: there is a consensus that they need strengthening, but not on how, or to what extent. Robert Hazell and Peter Riddell have produced a new report on how to reinvigorate these watchdogs: they summarise their conclusions here.

This week we have published a new report, Trust in Public Life: Restoring the Role of Constitutional Watchdogs. It comes at an important juncture, when public trust in politicians has fallen to an all-time low. There is a wealth of evidence from survey data about the decline in trust; not least from the Constitution Unit’s own surveys, as part of our Democracy in the UK after Brexit project. Those surveys show that the public value honesty in politicians above qualities like being clever, working hard or getting things done; but only 6% of the public believe that politicians who fail to act with integrity are dealt with effectively. There is an urgent need to repair and rebuild the system for upholding standards in public life if trust in politicians is to be restored.

Constitutional watchdogs are the guardians of the system for upholding standards. The Unit has long had an interest in them, from one of our earliest reports in 1997 to one of our most recent, on parliament’s watchdogs published in 2022. This new report is complementary to the one on parliament, in studying the watchdogs which regulate the conduct of the executive. They are the Advisory Committee on Business Appointments (ACOBA); the Civil Service Commission; the Commissioner for Public Appointments (OCPA); the Committee on Standards in Public Life (CSPL); the House of Lords Appointments Commission (HOLAC); the Independent Adviser on Ministers’ Interests; and the Registrar for Consultant Lobbyists.

A series of official and non-governmental reports have all agreed that these watchdogs need strengthening; but there is less agreement on how, or by how much. That is the gap that our report is intended to fill. It sets out a range of strengthening measures, in detail, for implementation early in the next parliament. Early action is possible because most of our recommendations do not require legislation.

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The UK Governance Project: proposals for reform

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A commission chaired by former Attorney General Dominic Grieve recently published a report on the current state of UK governance, which has identified substantial problems and made recommendations to improve matters. Here, Dominic outlines the report’s key conclusions and recommendations, ahead of an online Constitution Unit event at which he and fellow commissioner Helen MacNamara will discuss the report in greater detail and answer audience questions.

Introduction

The origin of this project was a shared concern amongst the Commissioners who came together to produce it, that the institutions which underpin our parliamentary democracy are losing credibility. This is certainly the view of the public. A 2023 Constitution Unit survey has shown that only 38% of respondents were ‘very satisfied’ or ‘fairly satisfied’ with the way UK democracy operates. In contrast 52% were dissatisfied. The same percentage agreed with the statement that ‘politicians tend to follow lower ethical standards than ordinary citizens’. Yet the same politicians are the lawmakers and governors who expect others to respect the rules they create. 

It should therefore come as little surprise that 78% of respondents also considered that ‘healthy democracy requires that politicians always act within the rules’. Yet in recent years there is plenty of evidence that this has not been happening. Government ministers have been found to be ignoring the ministerial code of conduct under which they are supposed to operate. When they have, nothing has been done about it. We have had a Prime Minister, Boris Johnson, who was found by the Commons Privileges Committee to have deliberately misled parliament. The principle that appointees for life to the House of Lords as legislators in a revising chamber should be of conspicuous integrity, has been shown to be capable of being flouted at Prime Ministerial will. The Electoral Commission, which was created to ensure that elections should be free from improper interference by the government or other interests, has had its powers and independence reduced.  It has become more obvious than ever, particularly during the Covid-19 pandemic, that the powerful degree of control that a government exercises over parliament is not conducive to the enactment of properly scrutinised primary laws and secondary legislation.

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Healthy political discourse: what is it and why does it matter?

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Healthy political discourse is vital for democracies to function well. In this post, Alan Renwick and Tom Fieldhouse set out five key elements of such discourse, highlight barriers that may be making achieving it increasingly difficult, and propose steps that policy-makers and others could take to support it.

Background

Healthy political discourse is a core feature of a well-functioning democracy. It can help to deliver many benefits to society, whereas unhealthy discourse has the potential to inflict great damage.

There is no definitive blueprint for what healthy discourse looks like. There is nevertheless widespread concern – in the UK and in many other countries – that the quality of political discourse is poor and that contemporary challenges, including polarisation and the nature of modern media, are placing it under increasing strain.

This briefing examines what healthy political discourse is and why it matters. It identifies some of the key factors that make maintaining healthy discourse difficult and highlights examples of unhealthy discourse. It considers what can be done to enable healthy discourse to flourish.

What is healthy political discourse?

Alongside other important constitutional principles – such as institutional checks and balances, free and fair elections, the rule of law, fundamental rights, and integrity and standards – healthy public discourse is an essential component of a well-functioning democracy.

Democracy is a process for making decisions. Citizens should be able to choose representatives who will serve their interests, and to hold those representatives to account for what they do. Policy-makers should be able to make and implement policy decisions that advance the public interest. People from all walks of life should feel included and able to participate actively. All these processes are underpinned by discourse – including discussion, debate, description, and commentary. This is generated by politicians, officials, campaigners, journalists, and members of the public. Healthy discourse enables such processes to run well, whereas unhealthy discourse inhibits them.

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Rebuilding and renewing the constitution: the territorial constitution

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A Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters will be published in summary form on this blog throughout August, with this third excerpt identifying potential changes relating to the territorial constitution.  

Recent years have been unsettled ones in UK territorial politics, with structural pressures following the Brexit vote, and other tensions between the centre and the devolved institutions. Meanwhile, the devolution arrangements for England remain an incomplete patchwork.  

While wholesale reform may be complex and contentious, much can be done to mitigate the tensions that exist within the existing framework. There is widespread recognition that cooperation between the UK government and devolved institutions could be improved, and some positive steps in this direction have already been taken. With the fiercest battles about the implementation of Brexit now over, opportunities exist for strengthening interparliamentary arrangements. The governance arrangements for England could also be made more transparent and coherent.  

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Rebuilding and renewing the constitution: the executive

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A new Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters appear on this blog throughout August, with this first excerpt identifying potential changes to the executive branch.

In recent years there have been significant concerns about the functioning of central government, including but not confined to ethical standards. Perennial tensions in the relationship between ministers and the civil service have been exacerbated by the political stresses of the Brexit process and the Covid pandemic, culminating in some politicians’ attacks on the civil service, and some high-profile removals of permanent secretaries under the Johnson and Truss premierships. Since becoming Prime Minister, Rishi Sunak has repeatedly missed opportunities to match his actions to his widely welcomed assertion on the steps of Downing Street that he wanted to lead a government of ‘integrity, professionalism and accountability’. Various episodes have also raised questions about whether the UK’s standards regulators have the status and powers required adequately to perform their roles.

Yet public opinion research by the Constitution Unit shows that people give great emphasis to the importance of honesty and integrity in their politicians, and want independent regulatory mechanisms that punish bad behaviour. Reforms in these areas could help both to increase public trust in politics and promote good governance. The Committee on Standards in Public Life (CSPL), parliamentary committees and external experts have made various recommendations for specific changes. While these are partly targeted at stabilising the situation, experts also agree that there is scope to go further to strengthen constitutional regulators, and to clarify the role, duties and accountability of the civil service. Some changes in this area lie squarely in the government’s power and could be quickly and easily implemented. Some others would require legislation, or benefit from wider consultation. There are also some larger questions which remain more controversial.

Quick wins

  • The Prime Minister should commit to treating civil servants and constitutional regulators with respect and avoiding negative public briefing against them, requiring members of the Cabinet and governing party to abide by the same principle. Impartial civil servants and other independent officials serve the public interest, and can rarely answer back. They should not be beyond constructive criticism, but undermining confidence in them risks damaging trust in the political system as a whole.
  • The Independent Adviser on Ministers’ Interests should be given the power to open his or her own investigations into alleged breaches of the Ministerial Code, and publish their findings, without requiring the Prime Minister’s authorisation to do so. This has been recommended by CSPL and numerous other bodies.
  • The UK’s other constitutional regulators should be strengthened. Partly this is a matter of legislation (discussed below) but some improvements could be made purely by ministers. For example, the recruitment processes for the heads of key watchdogs should require a majority of fully independent members on the appointments panel to minimise partisan influence over the appointment of ethical regulators.
  • Another matter that lies in the Prime Minister’s power would be to reduce ministerial turnover (‘churn’) – which has long been identified as a challenge to effective policymaking. The results would not be seen immediately, but a commitment to this principle would be welcome.
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