Monitor 76: Democratic lockdown?

Posted on November 12, 2020 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. In this lead article from Monitor 76, Meg Russell and Alan Renwick discuss the key events and themes of the past four months. They include tensions between devolved and central govermnent related to Brexit and COVID-19; concern about parliamentary scrutiny of the pandemic; criticism of the government’s commitment to the rule of law (called into question by the UK Internal Market Bill, the Faulks review and criticism of the legal profession); the Russia report and other concerns about the country’s electoral framework; and the reshaping of government and civil service operations by Number 10.

England entered a new COVID-19 ‘lockdown’ just before Monitor went to press. The pandemic continues to dominate politics in the UK and globally, with a return to politics-as-usual appearing distant. Both the handling of the crisis and the government’s latest actions on Brexit have been key factors driving serious concerns about the maintenance of constitutional norms in the UK. But as this latest Monitor catalogues, the roots of those concerns – about declining respect for conventions and deliberate or accidental erosion of ‘checks and balances’ – are now spread across many fields.

There was tolerance in the early stages of the pandemic for quick decision-making, and partial bypassing of parliament. But that has increasingly grown thin. The UK is one of many countries where concerns have been expressed about COVID facilitating an executive ‘power grab’. Worldwide, experts have warned that ‘democracy, human rights and the rule of law cannot be allowed to become the collateral damage of the pandemic’. Most key decisions at UK level have come via secondary legislation, often published at short notice with little or no opportunity for parliamentary scrutiny. Increasing protests from MPs, parliamentary committees and the Commons Speaker (see page 5) extracted concessions from ministers that parliamentary oversight would increase – hence the difficult vote on the new lockdown arrangements on 4 November. A total of 34 Conservative MPs voted against the new regulations – which represents almost half of the government’s working majority – and others abstained; though the measure passed comfortably with Labour support. A concerted cross-party approach from the start might have been sensible, but can be uncomfortable for ministers, particularly when accompanied by internal party dissent.

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Monitor 75: The constitution under COVID-19

Posted on July 7, 2020 by The Constitution Unit

alan.jfif (1) Monitor 75, the latest edition of the Unit’s regular news update on constitutional issues, was published this morning. Since the last edition in March, what had once been the defining issue of this political generation — Brexit — has been almost entirely subsumed by an even larger crisis: COVID-19. A new and inexperienced government has found itself temporarily without its Prime Minister, announced the departure of the Cabinet Secretary, and encountered significant dissension from the backbenches on more than one occasion. Tensions within the Union have been thrown into stark relief by the increasingly different courses pursued by its constituent nations. As for the state of democracy, parliament has trialled numerous methods of operation, passing laws and changing how it regulates itself in multiple ways, whilst elections have been put on hold and organisations involved in deliberative democracy have struggled to continue their work. Meg Russell and Alan Renwick discuss the key events and themes of the past four months, and also reflect briefly on the Unit’s history as it celebrates its 25th anniversary.

As the last issue of Monitor went to press in early March the idea that COVID-19 might change everything was only just dawning. In the subsequent four months, its impact on politics as well as daily life has been transformational. Just as the UK hoped to exit one torrid period of politics dominated by a single issue, a new, still bigger challenge eclipsed it. Brexit has barely featured in the past few months’ political news. Instead, Boris Johnson rapidly shifted from the Prime Minister who would ‘get Brexit done’ to the one who needed to steer the nation through a health crisis, and perhaps in due course through an economic crisis as well.

COVID-19 has touched almost every aspect of how politics is done, and raised new questions about the functioning of some aspects of the UK constitution, as this issue of Monitor sets out. The Coronavirus Bill was rushed through both chambers of parliament – with consent from the devolved legislatures – in just six days in March, as the official ‘lockdown’ was just beginning. At the outset this barred most workplaces from opening and confined most people – except when undertaking limited activities – to their homes. The Prime Minister spoke to the nation in a televised address, and daily Downing Street press conferences involving ministers and (usually) government scientists became the norm, seven days per week. On 6 April Boris Johnson himself was hospitalised with the virus, leaving Foreign Secretary Dominic Raab to deputise (see page 12). Other key ministers and officials – notably including Johnson’s chief adviser Dominic Cummings – also fell ill.

At the start of the crisis there was widespread support for the government’s position, within the governing party, across the parties and among the devolved administrations. Public approval for the government’s handling was high, in what political scientists would see was typical of the ‘rally round the flag’ effect often found in national crises. But since that time, tensions have gradually grown. Continue reading →

The Constitution Unit turns 25!

Posted on June 15, 2020 by The Constitution Unit

This year, 2020, marks a full 25 years since the foundation of the Constitution Unit. It has been a hugely eventful period, both in terms of real-world constitutional change and controversies, and in terms of the Unit’s own work. To mark our silver anniversary, we are celebrating some of the key ways in which the Unit has contributed to public debates, and helped to inform policy change, over this period. What better way to celebrate 25 years than with 25 of our most notable achievements?

Note that this post reproduces the text from a new page on our website celebrating our 25 years. That contains a full set of 25 images, so some readers may prefer to access the website version.

1. Hitting the ground running

Robert Hazell founded the Constitution Unit in 1995, with funding from six charitable trusts, to help with detailed planning for big constitutional reforms following a possible change of government. The initial research team included Graham Leicester (from the Foreign Office), Nicole Smith (Home Office) and Katy Donnelly. The Unit published seven book-length reports the following year: the first on how to prepare and deliver a big constitutional reform programme, and others on devolution to Scotland, Wales and the English regions, reform of the House of Lords, human rights legislation, and the conduct of referendums (the latter recommending the establishment of an Electoral Commission). From 1997, the new Labour government began to implement its constitutional reform programme, which often reflected Unit recommendations. Responding to the intense reform activity in government, the Unit published 17 further reports in 1998 and 20 more in 1999.

2. Monitor goes to print

In September 1997 the Unit published the first issue of Monitor, its regular bulletin of constitutional news. Monitor continues today to provide an essential digest of political and constitutional changes three times a year, valued by over 4800 subscribers – if you are not among them, you can sign up here.

3. Reform of the House of Lords

From its earliest years, the Unit has fed in regularly to debates about reform of the House of Lords. It published ten briefings for the Royal Commission on the Reform of the House of Lords in 1999, several of them authored by the Unit’s future Director Meg Russell and drawing on analysis of overseas experience. In 2000, she published the book Reforming the House of Lords: Lessons from Overseas. This body of comparative research has influenced debates on second chamber reform in various other countries as well as the UK – including Canada, Italy and Japan. Meanwhile Meg’s 2013 book The Contemporary House of Lords is today’s definitive work on the chamber, underpinned by research funded by the ESRC.

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Monitor 74: Normality, or revolution?

Posted on March 9, 2020 by The Constitution Unit

alan.jfif (1) Monitor 74, the latest edition of the Unit’s regular news update on constitutional issues, was published this morning. Since the last edition in November, we have had a general election, a government reshuffle, a new parliament with new committee chairs, and the UK has left the European Union. The future does not look dull, either. The negotiations about the future relationship with the EU have only just begun, a Constitution, Democracy and Rights Commission has been promised, and both Labour and the Lib Dems face leadership elections that could alter the future course of both parties. Here, Meg Russell and Alan Renwick, the Unit’s Director and Deputy Director respectively, offer their take on the past four months – and what the future might hold for a majority government in uncertain times with as yet undefined opponents.

The result of December’s election was decisive – Boris Johnson’s Conservative government returned to power with a House of Commons working majority of 87. His election slogan of ‘get Brexit done’ helped cut through, including in many former Labour heartlands (although at the aggregate level more votes were cast for parties supporting a referendum than for those pledged to immediately deliver Brexit). The party’s renewed parliamentary strength has now allowed Johnson to deliver on that promise. His post-election European Union (Withdrawal Agreement) Bill passed unamended, and the UK formally left the EU on 31 January.

In some respects the election result seemed to indicate a return to normality – the classic UK expectation of stable single-party majority government was fulfilled. After periods of coalition government between 2010 and 2015, a narrow and brittle Conservative majority between 2015 and 2017, and minority government from 2017 to 2019, ‘normal service’ could resume. There are 365 Conservative MPs to Labour’s 202, with the smaller parties that take their seats collectively on 75 (see page 5). Not only is Johnson’s parliamentary party larger than that in the previous parliament, it also seems likely to be more united – at least on the key issue of Brexit. The Conservative MPs that he stripped of the whip in September almost all either retired or were defeated. Former Conservatives running as independents or for other parties, including Dominic Grieve, David Gauke, Anna Soubry and Sarah Wollaston were all swept away.

There is hence some scope for politics to settle down, and the high-profile clashes of the last three years have probably been left behind. The government will be keen to shift the focus from Brexit to its domestic agenda. Indeed, guidance has apparently been issued in Whitehall to discourage use of the term ‘Brexit’ at all. Furthermore, changes to the final implementing legislation (see page 4) mean that the new parliament will have little formal control over the shape of the UK’s future relationship with the EU. The transition period seems unlikely to be extended beyond the end of the year.

Yet it would be an overstatement to suggest that parliament will now become boring. The UK–EU negotiations (see page 3) will certainly raise controversies. And discontent on the Conservative benches is already showing on matters such as the HS2 railway line, the role of Chinese tech giant Huawei in the UK’s 5G network, and levels of taxation and spending. A desire to retain the party’s expanded working class electorate may raise multiple tensions with its more traditional supporters.

At the same time, there are many big questions about the future of British politics and the constitution. The government was elected on a manifesto hinting at wide-ranging constitutional reforms. The now famous page 48 suggested a need to review ‘the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative; the role of the House of Lords; and access to justice for ordinary people’, and promised a Constitution, Democracy and Rights Commission to do so. It also made various more specific commitments, including scrapping the Fixed-term Parliaments Act (the topic of the Unit’s next public seminar), and changes to electoral rules (see page 9).

Whether and how fundamental questions of balance in the constitution will be addressed remains unknown. Continue reading →

Monitor 73 — On the brink: Brexit, the election and the state of British politics

Posted on November 13, 2019 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. Since the last issue, a new Prime Minister has been appointed, a new Speaker has been elected, a new Brexit deal has been negotiated, and a new parliament is imminent, as a general election campaign gets into gear this week. Meg Russell and Alan Renwick review the last four months of constitutional events in what is also the lead article from Monitor 73. The full edition can be found here.

With a general election scheduled for 12 December, the UK could be at a crucial turning point. Or, of course, not: with the polls uncertain, another hung parliament is a real possibility. The UK appeared closer to agreeing terms for leaving the EU in late October than previously, after Prime Minister Boris Johnson negotiated a revised deal and the House of Commons backed his Withdrawal Agreement Bill at second reading. But when MPs refused to accept Johnson’s demand that they rush the legislation through in three days, he refused to accord them more time, and demanded – as he had twice in September – a general election. A further extension of the Article 50 period – which Johnson had previously suggested he would rather ‘die in a ditch’ than allow – was agreed on 28 October – just three days before the 31 October deadline. That being in place, Labour reluctantly agreed to an election, which it is fighting on a pledge to hold another Brexit referendum. The Liberal Democrats want to revoke Article 50 in the unlikely event that they secure a majority, or otherwise hold a referendum.

In recent months much in British politics has already felt close to breaking point. While Theresa May fared badly in navigating parliament as the leader of a minority government (only in the final stages seeking agreement with other parties), Johnson seems actively to have sought confrontation with parliament. This is, to say the least, an unorthodox strategy in a system where the government depends on the Commons’ confidence to survive. It is the very reverse of what would normally be expected under a minority government. Such an approach lasted, at least briefly, due to MPs’ fears of triggering a vote of no-confidence – which might have delivered Labour’s Jeremy Corbyn to Downing Street, or indeed allowed Johnson to ‘crash’ the UK out of the EU on a ‘no deal’ basis. There were even suggestions that he would refuse to resign, and ‘dare’ the Queen to sack him (see page 15), if parliament sought to put an alternative prime minister in his place.

In his short time in office, Johnson has faced very limited parliamentary scrutiny, including just three sessions of Prime Minister’s Questions. He made and cancelled no fewer than three arrangements to appear before the Commons Liaison Committee, much to the frustration of its chair. Most controversially, of course, he sought to prorogue parliament for five weeks – an action ruled unlawful by the Supreme Court (see page 14). Despite the ruling, scrutiny was curtailed by the summer recess, the time lost due to this ‘prorogation that wasn’t’, plus a further short prorogation to facilitate a Queen’s Speech (described as a ‘sham’ by the Unit’s Robert Hazell, given Johnson’s evident desire for an election). The attempted prorogation, and loose talk about refusing to resign, have left many people alarmed that a constitution heavily dependent on convention has suddenly appeared fragile, when faced with players who show little regard for unwritten rules. Continue reading →

Monitor 72: Brexit and the changing logic of British politics

Posted on June 24, 2019 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. Since the previous issue was published in March, we have had two Brexit extensions, two — the first two — recalled MPs, multiple inquiries into the functioning of parliament and its members, and two party leadership resignations, one of which means that we will almost certainly have a new Prime Minister before the end of July. If the constitution was ‘in flux’ when Monitor 68 was published the previous March, then it must now be acknowledged that the ordinary logic of British politics has been changed — perhaps permanently — by the events that have flowed from the 2016 Brexit referendum. Here, Meg Russell and Alan Renwick review the last four months of constitutional events in what is also the lead article from Monitor 72. The full edition can be found here.

The Brexit tumult goes on, and is increasingly challenging some central tenets of British politics.

Having been due to leave the European Union on 29 March, the UK will now remain until at least 31 October. Right up to the original deadline, the government was making frenetic efforts to negotiate addenda to the Withdrawal Agreement (see page 2), but it could not gain concessions adequate to persuade MPs to accept the deal (see page 4). Extensions were agreed, first just for two weeks, then for seven months. A key obstacle is fragmentation on the government side, with Conservative MPs (mostly those who are pro-Brexit) refusing to compromise. With great reluctance, the Prime Minister ultimately turned to seeking a pact with the Labour Party – a distinctly un-British approach whose necessity her European partners had apparently seen long before she did. But, with the pressure of an immediate deadline gone, and with looming European Parliament elections that she had never wanted to hold, the perilous politics of a cross-party deal proved unnavigable. Following her promise that a proposed Withdrawal Agreement Bill would include a referendum clause, Theresa May’s cross-party flirtations sufficiently infuriated sections of her party that she was eventually forced to acknowledge defeat. On 24 May she announced her intention to step down, triggering a contest for the leadership of the Conservative Party and (very likely) for the country.

Throughout these months of tumult the role of parliament has been central, and hotly contested. The 2016 referendum initiated such tension, by pitting popular sovereignty against the conventional logic of parliamentary sovereignty. Most recently there has been a long battle of wills between government and parliament. A key argument (see page 4) has concerned parliament’s ability to control its own agenda, with initiatives from backbenchers firmly backed up by the Commons Speaker. While these had mixed success, many MPs are clearly now willing to use all the powers they possess to prevent an outcome they believe would be deeply damaging to the country. Continue reading →

Monitor 71 — Brexit: the constitution under strain

Posted on March 11, 2019 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. When the previous issue came out in November, the lack of a withdrawal agreement was a cause of great uncertainty. Four months later, a deal has been reached with the EU, but it has failed to gain parliamentary support and what will happen on 29 March remains an open question. As our editorial team says below, the current crisis is testing our constitution on multiple fronts and the strain is starting to show. This post is the opening article from Monitor 71; you can download the full issue (as well as past editions) here.

This Monitor appears less than three weeks before the date set for the UK to leave the European Union. Remarkably, the form that Brexit will take – indeed, whether it will happen at all – remains highly uncertain. The coming days and weeks will be crucial in determining the UK’s future direction. Brexit has placed the UK’s political and constitutional system under great strain. That is partly because it is so contested – dividing the main parties internally and risking alienation between the popular majority who backed Leave in 2016 and the parliamentary majority who opposed it. The 2017 general election added to these challenges by resulting in a minority government. Meanwhile, the political task is immensely complex and the stakes exceptionally high.

This strain has manifested itself in numerous ways. The Independent Group (TIG), created on 18 February (see page 12) and currently including 11 former Labour and Conservative MPs, is the largest breakaway from the main parties since the ‘Gang of Four’ founded the Council for Social Democracy – precursor to the Social Democratic Party (SDP) – in 1981. Labour disquiet is widespread, and Deputy Leader Tom Watson has proposed an intra-party grouping of social democrats to stem further defections. The Conservatives have their own party-within-a-party, in the strongly pro-Brexit European Research Group. After many false starts, it forced a vote of no confidence in Theresa May’s leadership of the party in December, which she won by 200 votes to 117. Continue reading →

Monitor 70 — Brexit: the uncertain road ahead

Posted on November 12, 2018 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. Since the last issue, the prospects of a Brexit deal occurring before March have oscillated, calls for a ‘people’s vote’ have increased in volume, and Brexit differences have led to relations between the UK government and politicians from Scotland, Wales, and Northern Ireland (still without a government) becoming increasingly strained. Allegations of a bullying culture in the House of Commons have coincided with concerns about digital campaigning and the alleged malfeasance by key players in the Brexit referendum campaign, causing concern about the state of the UK’s democracy. This post is the opening article from Monitor 70, and you can download the full issue (as well as past editions) here.

Exit day – when the UK is scheduled to leave the European Union – is now little more than four months away. Yet all bets are still off as to what form it will take, or indeed whether it will even happen. This is partly because the UK–EU negotiations on a Brexit deal remain ongoing, and partly because how parliament will react to the outcome of those talks is far from clear.

Screenshot_20181108.175141_Drive (2).jpg Just as the last Monitor went to press, and after months of delay, the government finally published a white paper in July, setting out its proposals for Brexit and the UK’s future relationship with the EU – the so-called ‘Chequers plan’. Even before publication, two key cabinet ministers – Brexit Secretary David Davis and Foreign Secretary Boris Johnson – had resigned, arguing that its proposals would bind the UK too closely to the EU yoke. Many Brexit supporters – both MPs and voters – agreed: polls found the plan’s opponents among the public outnumbered its backers by around three to one. European leaders were also critical, and finally killed off the plan at the disastrous Salzburg summit in September.

Since then, UK and EU negotiators have been working frantically to resolve the crucial blocking point, regarding the Irish border (see pages 2–3). Whether the mooted November summit to sign off a deal can be resurrected will be known by the time this edition of Monitor is published. If not, agreement could potentially still be reached in December or even January. Continue reading →

Monitor 68: A constitution in flux

Posted on March 9, 2018 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen the EU (Withdrawal) Bill pass from the Commons to the Lords; the failure of talks in Northern Ireland; and a significant government reshuffle. Abroad, Ireland is considering a permanent constitutional change and Japan has seen a constitutional first as its current emperor confirmed he is to abdicate. This post is the opening article from Monitor 68. The full edition can be found on our website.

The UK is experiencing a period of deep constitutional uncertainty. In at least four key areas, structures of power and governance are in flux.

The first of these, of course, is the nature of the UK’s future relationship with the European Union, to which the Brexit negotiations will shortly turn. The degree to which the UK continues to pool its sovereignty with other European countries depends on the form of that relationship: how far, and on what issues, the UK continues to adhere to EU rules, align closely with them, or follow its own separate path. Theresa May set out her most detailed proposals yet in a speech at Mansion House on 2 March, advocating close alignment outside the structures of the EU Single Market and Customs Union. On 7 March, the President of the European Council, Donald Tusk, published draft guidelines for the EU’s position. As before, this emphasises ‘that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking.”’ What deal will emerge from the negotiations is entirely unclear.

The government’s preferred path will face stiff resistance in parliament too. In late February Jeremy Corbyn signalled that Labour wants a UK–EU customs union (an issue also central to the conclusions reached by the Citizens’ Assembly on Brexit). Consequently the government now risks defeat on an amendment to the Trade Bill pursuing the same objective, tabled by Conservative backbencher Anna Soubry. Beyond that, an amendment to the EU (Withdrawal) Bill passed in the House of Commons in December guarantees that the deal between the UK and the EU agreed through the Brexit negotiations will need to be endorsed by an Act of Parliament in the UK. Brexit’s opponents are increasingly vocal and organised, and occupy a strong position in Westminster. The odds remain that Brexit will happen, but that isn’t guaranteed. Continue reading →

Monitor 67: Brexit blues

Posted on November 3, 2017 by The Constitution Unit

The latest issue of Monitor, the Constitution Unit’s regular newsletter, has been published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen several rounds of Brexit talks, the introduction and second reading of the EU (Withdrawal) Bill, the publication of the Burns review on the size of the House of Lords, plus much else besides. The front page article is reproduced here. You can read the full issue at this link.

The previous issue of Monitor was published just after the surprise result of the snap general election. The Prime Minister was back at the helm, but with a reduced number of MPs, and dependent on a confidence and supply arrangement with the Northern Ireland Democratic Unionist Party (DUP). We noted that the road ahead looked rocky.

So it has proved to be – though Theresa May remains in post, and the real parliamentary showdowns seem still to come. The Prime Minister has been dealt an exceptionally difficult hand – managing legislation on Brexit of unprecedented constitutional complexity, alongside the fractious negotiations with the EU, while leading a divided party in a House of Commons in which she has no partisan majority. Over the summer, and particularly during the party conference season, her leadership was regularly questioned, but must gain some stability from the fact that few would really want to be in her shoes. Meanwhile, rumours suggest that she has used the threat of a Boris Johnson premiership to coax other EU leaders to the negotiating table.

As discussed on pages 2–3, the official Brexit negotiations have made slow progress. Despite Theresa May’s attempted injection of momentum through her Florence speech in September, EU partners have not yet agreed to move on to ‘Phase II’ (i.e. post-Brexit trade arrangements), and a serious sticking point remains the so-called ‘divorce bill’. Partly as a consequence, the prospect of a ‘no deal’ outcome has increasingly been talked up. This is presented by some in the Conservative Party as a necessary negotiating strategy to get the EU-27 to give the UK what it wants, but others seem to view it with a degree of relish. Meanwhile, business groups appear to be increasingly concerned.

One thing that remains little-known is the state of public opinion, and how that may develop. While the June 2016 referendum came up with a Leave result, today’s question of what Leave should mean is a good deal more complex. As such, it is not readily suited to opinion polling. Here the results of the Citizens’ Assembly on Brexit, run by a team led from the Constitution Unit and funded by the ESRC (see page 15), can shed some useful light. Assembly members, who included more Leave than Remain supporters, expressed a preference for the kind of bespoke trade deal that the government says it is seeking. But members were very clear that if this cannot be achieved, a ‘no deal’ outcome was undesirable. They preferred that the UK remained a member of the Single Market and Customs Union to this. Politicians should reflect on such findings carefully, because boxing themselves in to no deal could prove electorally dangerous.

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Tag Archives: Monitor

Monitor 76: Democratic lockdown?

Monitor 75: The constitution under COVID-19

The Constitution Unit turns 25!

Monitor 74: Normality, or revolution?

Monitor 72: Brexit and the changing logic of British politics

Monitor 71 — Brexit: the constitution under strain

Monitor 70 — Brexit: the uncertain road ahead

Monitor 67: Brexit blues