Tag Archives: Nolan principles

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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Why the UK should have a Parliamentary Committee on the Constitution

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Last year, the Institute for Government and the Bennett Institute for Public Policy published a Review of the UK Constitution. One recommendation in that review was that parliament create a joint committee on the constitution. Steph Coulter sets out the case for such a body.

As part of our recently completed Review of the UK Constitution, the Institute for Government and Bennett Institute for Public Policy outlined the key issues with the UK’s current constitutional arrangements and made recommendations for reform. We highlighted the lack of clarity within a system underpinned by an uncodified constitution and the failure of existing political checks to deter constitutional impropriety.

Given the UK system’s reliance on parliamentary sovereignty as its central constitutional principle, we believe that parliament should be central to addressing these issues. Therefore, one of our key recommendations was the establishment of a new Parliamentary Committee on the Constitution, comprised of members from both the House of Commons and House of Lords. By acting as a central and authoritative constitutional guardian, such a body would go some way to improving constitutional clarity and would provide a more effective check on unconstitutional behaviour than existing arrangements.

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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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How much control should there be over how MPs do their job?

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In the second of a two-part series, former senior House of Commons official David Natzler discusses whether MPs should be subject to a minimum attendance requirement, and their role as constituency caseworkers. He concludes that an objective measure of individual MPs’ constituency activity and work, and some agreed minimum standards, would be useful, but that the right of MPs to determine for themselves how to do their job should be preserved.

In the first blog in this series, I set out the background to the recent resignation of Nadine Dorries and suggested that it raised some general issues of importance. In that post, I discussed the process of appointing MPs to the House of Lords, and on the process of resignation, suggesting that sitting members of the Commons should not be eligible for peerages, and that the process of resignation should be brought in line with prevailing norms, involving a simple letter of resignation to the Speaker or Clerk of the Commons. In this post I look at the issue of MPs’ attendance and at the performance of their constituency role.

Attendance

There was criticism of Nadine Dorries for not having spoken in the Commons chamber for around a year, since 7 July 2022 when she answered questions in the Commons as Secretary of State for Digital, Culture, Media and Sport. She was also criticised for not tabling a written question since 20 December 2017 (although between July 2019 and September 2022, she was a minister, and therefore not able to table questions) and for not having voted since 26 April 2023.

MPs are not formally obliged to attend the House of Commons. Those such as Sinn Féin MPs who decline to take the oath or affirmation of allegiance after their election may indeed never do so during their time as MPs. As Erskine May puts it: ‘On ordinary occasions, the attendance of Members in Parliament is not enforced by either House’.

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Parliamentary standards: priorities for the new Commissioner 

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In this blog post, the Parliamentary Commissioner for Standards, Daniel Greenberg CB, discusses the key themes of his first months in post, providing a snapshot of the top issues he and his team are working on. The Commissioner’s Annual Report 2022-23 was published on 12 July.

Engagement and outreach are priorities for my five-year term, as I hope to explore and address the causes of low public engagement with the political system and parliament.

In my first annual report, which was published this week, I describe the work my team and I are undertaking to support this work, including a series of Principles in Practice seminars, in and outside Westminster, that explore how the Seven Principles of Public Life (that underpin the Code of Conduct for MPs, and which are also known as the Nolan Principles) already inspire the day-to-day workings of MPs’ offices. Appendix 5 of the report includes anonymised case studies drawn from MPs’ offices, to share and inspire examples of principles-driven best practice.

My report also contains my reflections, informed by my engagement with the hundreds of emails, letters and calls my office receives from members of the public each month, on two of the most prevalent topics of complaint that I receive: MPs’ responsiveness to constituency correspondence; and the language and tone of some MPs’ expression of views and opinions.

MPs’ responsiveness to constituency correspondence

I am concerned about the very large number of complaints that I receive about lack of responsiveness to constituency correspondence, which suggest that there is a general perception on the part of some members of the public that some MPs are not attaching sufficient importance to responding to enquiries and other correspondence from constituents.

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