Parliaments and the pandemic

Earlier this year, the Study of Parliament Group published a collection of 25 essays on how parliaments across the UK and further afield have responded to the pandemic. They consider not only aspects of the response in the two Houses at Westminster, but also in Northern Ireland, Scotland, Wales, the Crown Dependencies, New Zealand and other international comparisons, including case studies of the Maldives and Bahrain. Paul Evans summarises some of the themes here.

Executive assertion and parliamentary compliance

As the full scale of the threat posed by COVID-19 began to be recognised, governments wanted to take powers and parliaments were for the most part initially willing to cede them, with little protest when the normal procedures were abrogated. In most cases the legislatures, initially at least, willingly handed over very extensive powers to their governments to make emergency legislation and this was generally done with unusual expedition and, as a result, scant scrutiny.

The problem was perhaps most acute in the area of delegated legislation, resulting in government more or less by decree, as Tom Hickman sets out in his contribution to the volume. At the best of times, the scrutiny of this at Westminster – particularly in the Commons – is open to, and regularly receives, criticism. When actions were first taken to control the pandemic, it was widely suspected that the UK government was deliberately reducing the level of potential parliamentary scrutiny. This suspicion applied to a lesser extent to other executives, which introduced a large number of instruments which took effect in advance of being approved by the legislature.

However, as all the examples, domestic and international, demonstrate, there is an eternal conflict in the procedures underpinning democratic systems between a diversity of voices and a unity of purpose, between efficiency and accountability, between deliberation and decisiveness, and between consent and control. The pandemic, like any national emergency tends to, dramatically highlighted these tensions. In one essay in the volume, Paul Seaward notes that the extent of the use of emergency powers seen in the UK parliament in 2020 is unprecedented in peacetime .

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Boris Johnson and parliament: misunderstandings and structural weaknesses

On 21 January Unit Director Meg Russell appeared on a panel with two former Conservative Chief Whips, reflecting on Boris Johnson’s troubled relationship with parliament as Prime Minister. In this post she presents her central arguments – that the Johnson government in its early months has seemed to demonstrate some basic misunderstandings about parliament and its role; but also the government’s behaviour has highlighted some of parliament’s key weaknesses.

In early September 2020 I wrote a blogpost on Boris Johnson and parliament, which documented 13 unhappy episodes in 13 months. I had originally aimed at producing a list of 10 such episodes, but found that there was just too much material. Some of the incidents were obvious – such as the attempted prorogation the previous September, ultimately ruled unlawful by the Supreme Court. Others have continued to bubble along unhappily in the subsequent months – including the persistent refusal by Leader of the House of Commons Jacob Rees-Mogg to provide time for MPs to debate and agree proposals from the Procedure Committee to allow them to work virtually during the pandemic (frequently covered on this blog – see here and here), and the sporadic suggestions from government sources that the House of Lords should move to York. Some incidents were more obscure, but worth recalling for the record – such as Downing Street’s attempt to impose Chris Grayling as chair of the Intelligence and Security Committee (which rather dramatically backfired).

Of course that post was written five months ago, and the list continues to gets longer. It predated, for example, the dramatic showdown with former Conservative leaders over the government’s Internal Market Bill. It predated the announcement of the new Christmas lockdown rules during Commons recess, and the government’s refusal to allow a recall to debate them – despite protests by numerous Conservative backbenchers. It noted Johnson’s excessive first round of Lords appointments, but not his second within six months – both in clear breach of the Lord Speaker’s hardfought attempts to control the size of the chamber. It predated Johnson’s overruling of the House of Lords Appointments Commission’s recommendations on propriety, for the first time by any Prime Minister in the Commission’s 20-year existence.

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The Backbench Business Committee: an unfinished revolution?

2020 marked the tenth anniversary of the establishment of the House of Commons’ Backbench Business Committee – an event that marked the first major reversal of a century-long trend of the government taking increasing control of the agenda of the House. But the anniversary went largely unnoticed. Paul Evans, a former Clerk of the committee, asks whether this is because it has been outmanoeuvred by the usual channels, has lost its cutting edge, or because relative obscurity is what backbenchers really want.

The birth of the Backbench Business Committee

The background to how the Committee on Reform of the House of Commons (commonly known, after its chair Dr Tony Wright, as the ‘Wright Committee’) was established can be found, for those interested, in the introduction to its first report. Amongst the matters the House instructed it to consider, when it was set up on 20 July 2009, was the ‘scheduling of business by the House’. It recommended the creation of a new category of ‘backbench business’, to be managed by a new committee of backbenchers, a new ‘House Business Committee’ to bring transparency to the way in which the House’s wider agenda was determined, and a system by which the House as a whole would be given the final say on its agenda. Many of these ideas had been foreshadowed in a Constitution Unit report published in 2007.

After an inconclusive debate on the proposals of the Wright Committee on 22 February 2010, on 4 March, amongst other reforms arising from the committee’s recommendations (most significantly on the election of chairs and members of select committees) the House agreed that a proposal for the establishment of the Backbench Business Committee should be brought to it by the government (emphasis very deliberately added) before the start of the next parliament, and that a House Business Committee should be established during the course of that new parliament. In fact, as everyone knew at the time, the timetable for doing so was well-nigh impossible. The parliament was dissolved on 12 April, just 20 sitting days after the 4 March debate. That could have been the last we heard of the recommendations on new ways to schedule the House’s business.

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The hybrid House of Commons: the problems of government control

For much of last year, the government resisted MPs’ calls for full reinstatement of virtual participation in House of Commons proceedings. In this post, Daniel Gover and Lisa James review the development of the ‘hybrid Commons’. They argue that full virtual participation, including remote voting, must now be reinstated, and that recent events reveal broader problems of government control over the Commons agenda.

Last spring, the House of Commons adapted quickly and successfully to the challenges presented by COVID-19. The so-called ‘hybrid Commons’ – combining in-person proceedings with simultaneous virtual participation – was one of the first responses of its type globally, and widely praised. But within weeks, the government unilaterally abandoned the virtual element, provoking anger amongst backbench MPs and violating the core parliamentary principle of the equality of all members. It was only on 30 December – well over six months later – that virtual participation in key debates was reinstated, while even now ministers refuse to restore remote electronic voting.

At the start of a new year, the UK’s public health crisis is at least as serious as it was at the beginning of the pandemic, and this will continue to restrict physical participation at Westminster. It is therefore essential that MPs be enabled to participate virtually in as wide a range of Commons proceedings as possible – including in remote divisions. The fact that ministers have been able to block this until now also reveals deeper problems with the House of Commons’ governance, and where power lies, which should urgently be addressed.

The development and collapse of hybrid arrangements

In March and April, consensus between the parties produced rapid adoption of new systems to enable parliament to perform its essential functions. The Commons first authorised its select committees to meet virtually, followed by hybrid arrangements for the Commons chamber itself – initially for ‘scrutiny’ proceedings (questions and statements), followed by ’substantive’ business (motions and bills). Soon after, intensive work began on an electronic voting system, with the first ever online Commons division held in mid-May.

Yet these arrangements began to unravel shortly before the late-May Whitsun recess, barely a week after the first online vote. Despite significant anger from backbench and opposition MPs, ministers refused to facilitate a decision to extend the time-limited orders that had enabled virtual participation in the chamber, and as a result the rules simply lapsed.

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Parliaments and COVID-19: principles and practice; challenges and opportunities

Unit Director Meg Russell analyses the challenges and opportunities for reform facing parliaments during the COVID-19 pandemic, which has raised complex questions about how to balance the different functions of parliaments and their need to operate effectively.

In the UK and around the world parliaments have had to adjust their practices to the unexpected new environment of COVID-19. This has brought major challenges but, some suggest, also opportunities in terms of suggesting future means for parliaments to adapt. This post starts from the core principles of parliamentary functioning, briefly reviews practice under COVID-19, and considers the primary opportunities and challenges presented. It concludes that the future lessons from this unique period reinforce some familiar themes; but they also raise significant conundrums and trade-offs between the different essential principles of what parliaments are there to do.

Principles

Stripping back to the basics, what are parliaments for? Legislative studies scholars have suggested various overlapping lists of functions. For example in the Oxford Handbook of Legislative Studies, Amie Kreppel provides a list of four, which I will boil down to three: 

  • Representation takes many forms, often including – as is central to the UK House of Commons – geographic representation. Numerous, diverse, individuals participate in the legislature, underpinned by a crucial democratic principle of equality, where each ultimately has an equal vote.
  • Linkage is closely connected to this – as parliamentarians provide a voice in parliament to their voters, and remain accountable to them.
  • Policy-making – for example through approving bills – is perhaps what parliaments are best known for. Connectedly, they have a control function in holding executives to account. For simplicity, I treat these two functions together.

Other terms often mentioned in such classifications include deliberation –much of which takes place publicly – and legitimation, meaning all of parliaments’ functions help them generate broad public support for policy.

Practice

It is easy to see how the circumstances of COVID-19 have challenged some of these principles.

The threats to representation were pretty immediate and obvious. With limits on travel, requirements for social distancing, and heightened risks for people with certain health conditions, parliamentarians gathering from all over the country immediately became a problem. Some legislatures responded by limiting the number who could participate – with those decisions often taken by leaders and whips. Others moved their proceedings online. The UK House of Commons initially did the latter, but then rolled this back in a quite problematic way which breached principles of equal participation.

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