The Constitution Unit Blog

Why there is no such thing as the ‘Westminster model’

meg_russell_2000x2500.jpgRuxandra.Serban.crop.jpgPractitioners and academics in comparative politics frequently refer to a set of ‘Westminster model’ countries which are similar in some way. But in a new article, summarised here, Meg Russell and Ruxandra Serban show that definitions of the ‘Westminster model’ tend to be muddled, or even absent, and that its meaning is far from clear. Insofar as defined political attributes are linked to the ‘model’, key countries associated with it now lack many of those attributes. The term has hence become increasingly outdated, leading the authors to suggest that it should now be dropped.

The term ‘Westminster model’ appears frequently both in the academic and practitioner literature, and will be familiar to many specialists in comparative politics, public administration and law. But what precisely does it mean, and is there consistency in its application? Our new newly-published paper in the journal Government and Opposition, ‘The Muddle of the ‘Westminster Model’: A Concept Stretched beyond Repair’, addresses this question – based on analysis of the term in the academic literature over the last 20 years. It demonstrates that the use of the term has become extremely confused, leading us to suggest that it should be retired from academic and practitioner discourse.

Authors have often deployed the term ‘Westminster model’ as shorthand for the UK system of government which Bagehot outlined in the 1860s. Bagehot never used the term himself, but it appeared a century later in a classic text by De Smith on ‘Westminster’s export models’. Hence it therefore does not simply describe the British system, but other systems which were modelled upon it. Comparative texts for example often suggest that there is a group of ‘Westminster model countries’, ‘Westminster democracies’ or members of a ‘Westminster family’. The term received a more recent boost when used in the widely-cited comparative texts by Arend Lijphart (1984, 1999, 2012), which classify countries based on whether they have characteristics of ‘majoritarian’ or ‘consensus’ democracy. Lijphart used the term ‘Westminster model’ interchangeably with ‘majoritarian democracy’, and cited Britain as ‘both the original and the best-known example of this model’. Yet – at Lijphart’s own admission – his ideal type did not precisely apply in any country. For example, he associated unicameralism with majoritarian democracy, while Britain has a bicameral parliament. Continue reading

Boris Johnson’s 36 new peerages make the need to constrain prime ministerial appointments to the House of Lords clearer than ever

meg_russell_2000x2500.jpgBoris Johnson’s long-awaited list of new peerage appointments was published today, and includes 36 names. Instantly, by appointing such a large number of new members to the Lords, Johnson has undone years of progress in trying to manage the size of the chamber down – returning it to over 800 members. Here, Meg Russell, a leading academic expert on the Lords and adviser to two different parliamentary committees on the chamber’s size, analyses the numbers – showing the detrimental effects on both the chamber’s overall membership and its party balance. She argues that Johnson’s new peerages make it clearer than ever that constraints must be placed on the Prime Minister’s power to appoint to the Lords.

News reports about Boris Johnson’s first major round of Lords appointments have focused largely on personalities – the appointment of cricketer Ian Botham, the return to the fold of Conservative grandees such as Ken Clarke and Philip Hammond, who Johnson stripped of the party whip last year, and his reward of former Labour Brexiteers. But while some of these names may be notable, the bigger and more important issue is how Johnson’s new appointments will affect the Lords as a parliamentary chamber, and how they show up – yet again, and powerfully – the problems with the largely unregulated appointment process.

It is remarkable that in 2020 there are still no enforceable constraints on how many peers a Prime Minister can appoint to the second chamber of the UK legislature. Formally appointments are made by the Queen, but convention requires her to act on prime ministerial advice. The Prime Minister can choose when to appoint, how many to appoint, and what the party balance is among new members. A House of Lords Appointments Commission (HOLAC) was created in 2000, but has very limited power. It merely vets the Prime Minister’s proposed nominees for propriety (e.g. ensuring that their tax affairs are in order), and recommends an occasional handful of names for appointment as independent members. It can do nothing to police the numbers, or even the broader suitability of the PM’s own appointees. In theory, a Prime Minister could simply appoint hundreds of members of their own party (indeed, during the Brexit debates there were threats to do so both from the now Commons Leader Jacob Rees-Mogg and from Johnson himself). Appointees could even all be personal friends of the Prime Minister. The sole constraint is HOLAC’s propriety check (which is rumoured to have angered Johnson by weeding out some of his nominees) and any fear of media or public backlash. This unregulated patronage is one of the last vestiges of pure prime ministerial ‘prerogative’ power. Following last year’s Supreme Court case, even the previously unregulated power to prorogue parliament now exists within some legal constraints.

Aside from general concerns about patronage, there are two main interconnected problems caused by unregulated appointments on the House of Lords. First, the ever growing size of the chamber. Second, the lack of any rational basis for its party balance.  Continue reading

Should the government be able to suspend parliament?

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Petra Schleiter and Thomas Fleming examine the power to prorogue parliament. They outline the legal basis of prorogation, survey how it is used in the UK and other Westminster systems, and discuss how the UK could reform its prorogation process.  

The UK government has the power to suspend parliament, in a process known as prorogation. Prorogation is usually a routine measure, used to schedule gaps between sessions of parliament. But it became highly controversial in 2019, when the government tried to prorogue parliament for five weeks shortly before the scheduled Brexit date of 31 October. This decision caused uproar, and was ultimately quashed by the Supreme Court.

This controversy prompted discussion of whether the UK’s prorogation rules should be reformed. In particular, some have asked whether this power should be considered as part of the forthcoming review of the Fixed-term Parliaments Act 2011, which is legally required to take place this year. Here we outline the consequences of the current rules, showing that they are unusual, and suggesting possible ways for them to be reformed. Fuller versions of our arguments can be found in our recent articles in Political Quarterly and Parliamentary Affairs (forthcoming).

What are the consequences of the current prorogation rules?

Prorogation ends a parliamentary session. It means that neither House of Parliament may sit, and parliamentary business is almost entirely suspended. Though prorogation is formally a prerogative power of the monarch, she acts on the advice of the Prime Minister. In practice, therefore, the timing and length of prorogation are decided by the government. Parliament has no power to insist on sitting once it has been prorogued: only the government can shorten or prolong a prorogation. This situation makes it possible for the government to use prorogation for political purposes when its interests conflict with those of parliament.

Continue reading

The Intelligence and Security Committee and its role in democratic accountability

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Dominic Grieve, former Chair of the Intelligence and Security Committee, discusses whether or not reform of the committee is desirable or sensible following the dual controversies of the delayed release of its report on Russia and the government’s unsuccessful attempt to whip committee members into supporting its choice of Chair.

The recent controversy over the election of a new Chair for the Intelligence and Security Committee of Parliament (ISC) and the longer running saga of the failure to publish its report on the threat from Russia, has put the spotlight on both the constitution and work of an organisation that usually attracts limited attention.

Prior to 1989 the existence of all three of the UK’s intelligence agencies, the Security Service (MI5), the Secret Intelligence Service (MI6) and Government Communications Headquarters (GCHQ) was not even avowed, despite their existence being common knowledge. While from 1989, a degree of scrutiny started for the work of the Security Service (MI5), as a result of the Security Service Act, there was also no system of parliamentary scrutiny of their activities. Any question raised in parliament on a topic of national security involving the operational work of all three of the agencies would not and will still not normally be answered.

In 1994 the government of John Major put the work of all the agencies on a statutory footing with the Intelligence Services Act. This also made provision for the establishment of an Intelligence and Security Committee of Parliament to oversee their work. But this was effectively confined to their expenditure, administration and policy. The ISC had no power to investigate specific operations. The ISC was also answerable to the Prime Minister and not to parliament, even if it was composed of parliamentarians. Although the cross-party composition of nine members involved input from the leaders of the Opposition and of the third largest party in the Commons, appointment was at the discretion of the PM, who also chose the Chair. The ISC reported to the PM, who decided what if anything of any report might be published. There was criticism that the relationship between the ISC and the PM and the agencies was too close and that it did not have the independence needed to provide proper oversight. When after 2005 concerns grew about both UK involvement in US unlawful detention and rendition and in the handling of counterterrorism, the government allowed the ISC to widen its remit, by agreement, to allow it to look into some past operational matters. Continue reading

The Parliamentary Constituencies Bill: no fewer MPs but a very different constituency map

Pontefract_Parliamentary_Borough_1832A new bill currently before parliament alters the rules governing the periodic redrawing of the UK’s parliamentary constituencies, most notably by replacing a requirement to limit the House of Commons to 600 MPs with a new fixed size, set at the current 650. But, as Ron Johnston, David Rossiter and Charles Pattie show, the new rules are just as likely as those they replace to result in major disruption to the constituency map at all future reviews. 

In 2011, the coalition government passed the Parliamentary Voting System and Constituencies Act, which changed the rules guiding how the UK’s parliamentary constituencies are drawn up. Boundary reviews were to take place every five years (more frequently than before). Almost all new seats (with four exceptions) were to have electorates within +/-5% of the national quota (the average electorate). And the House of Commons was to be reduced in size from 650 to 600 MPs. To date, the Boundary Commissions have conducted two redistricting exercises under the 2011 Act. Neither review has been implemented: the first was lost to infighting in the coalition, and the second was tabled in September 2018 but has not yet been approved by parliament. The proposed changes they contained would have produced the largest shake-up in Britain’s constituency map in modern times.

Now the redistricting rules look set to change again. The Parliamentary Constituencies Bill 2019-21, published on 20 May, is now moving through its Committee Stage in parliament. It retains the requirements that all constituencies (with four exceptions) should have an electorate within +/-5% of the national average, but changes the number of constituencies to 650 – the argument being that with Brexit there will be more work for MPs, and thus a need for more of them, than if we had remained a member of the EU. If the Bill is passed, the Boundary Commissions will be required to recommend a new set of 650 constituencies by 1 July 2023 – in time for the next general election, due in May 2024. Subsequent reviews will then take place on a slightly longer timetable than under the 2011 Act – every eight years. Continue reading

Brexit and parliament: where did it all go wrong?

meg_russell_2000x2500.jpgParliamentary arguments over Brexit may now feel far behind us, but the bitterness of those arguments has left scars on our politics. Meg Russell examines four factors which contributed to the parliamentary ‘perfect storm’ over Brexit, concluding that ‘parliament’ largely got the blame for divisions inside the Conservative Party. This was fuelled by the referendum, minority government and the inability of parliamentary rules to accommodate a minority situation. The populist anti-parliamentary rhetoric which resulted was potentially damaging, with implications for the current Covid-19 crisis, when public trust in political decision-making is essential.

Amidst the current Covid-19 crisis, last year’s Brexit clashes already feel a long time ago. But at the time, they pushed Britain’s politics and constitution to their limits. Parliament was frequently at the heart of these conflicts – with angry headlines suggesting that parliamentarians were seeking to ‘block Brexit’, and branding them ‘wreckers’ or ‘saboteurs’. Twice questions of parliament’s proper role in relation to government ended up in the Supreme Court. Boris Johnson sought a lengthy prorogation of parliament, after which the Attorney General told MPs that they had ‘no moral right to sit’. How on earth did the UK, traditionally the most parliamentary of all democracies, get into such a mess? I dissect this question in a newly-published paper, ‘Brexit and Parliament: The Anatomy of a Perfect Storm’, in the journal Parliamentary Affairs. This post summarises the article’s key arguments. The full version is freely available to read online.

I suggest that four key political and constitutional features, all unusual in the UK context, contributed to this ‘perfect storm’. It was accompanied by a rise in populist and anti-parliamentary rhetoric – of a kind which would be destabilising and dangerous in any democracy, but particularly one based on a core principle of parliamentary sovereignty – as returned to at the end of this post. The four factors were as follows:

The referendum

As charted by the Independent Commission on Referendums, referendum use has grown in UK politics, but can sit awkwardly with traditional parliamentary sovereignty. Arguments for referendums on matters concerning EU powers were made over a long period (somewhat ironically) on the basis of protecting that very sovereignty. The 2016 EU referendum – eventually conceded by David Cameron, under pressure from Conservative Eurosceptics and UKIP – was very unusual, in two important ways. First, it was what the House of Commons Public Administration and Constitutional Affairs Committee (chaired by senior Brexit supporter Bernard Jenkin) criticised as a ‘bluff-call’ referendum: where the government’s purpose was not to seek approval for a change that it supported, but to shut down its opponents’ demands. Second, the referendum was held on a broad proposition (to leave the EU), rather than a detailed prospectus. Hence when the result came in, and was not the one the Prime Minister or most MPs (even on the Conservative benches at that time) wanted, parliament was left to decide how to put it into effect. Such circumstances generated clear tensions between parliamentary and popular sovereignty. Continue reading

How has the House of Lords adapted to the coronavirus crisis?

beamish.jpg (1)Since the passage of the Coronavirus Act 2020 and the UK ‘lockdown’, there has been much debate on this blog and elsewhere about how the House of Commons should function during a period of ‘shielding’ and ‘social distancing’. Little attention has been paid, by contrast, to the procedures and practices adopted by the House of Lords. As David Beamish explains, the Commons has tried to return to ‘normality’, whereas the Lords has embraced hybrid proceedings and remote voting in a way that may leave it irrevocably altered.

On 9 March the House of Commons Commission and House of Lords Commission issued a short joint statement following a meeting ‘to discuss Parliament’s response to Coronavirus’. On 11 March the World Health Organization declared a pandemic, and on 13 March the Speakers of the two Houses, Lindsay Hoyle and Lord (Norman) Fowler, sent a joint letter to all members about restrictions on parliamentary travel and visitors to the parliamentary estate in order to reduce the risk of infection from COVID-19. They sent another joint letter on 17 March, announcing more stringent restrictions on access to the estate. Since then, however, the approaches taken by the two Houses have diverged significantly. The Commons initially introduced hybrid proceedings in April, while the Lords introduced a mix of virtual-only and physical-only proceedings, subsequently moving to a hybrid model only this month – just as the Commons ended its own hybrid arrangements. David Natzler’s blog post of 13 May set out what the House of Commons had done to enable MPs to operate remotely, and the dismantling of those arrangements has since caused significant controversy. This post looks at what has been happening in the House of Lords, which has attracted far less public attention. As things stand, the Lords seems to have now instituted the very kinds of proceedings that many MPs are pressing to see reinstated.

The Lord Speaker works from home

On 19 March the 82-year-old Lord Speaker made a personal statement, announcing that he would ‘withdraw from the House for the time being’, and that he would be ‘working from home’ – with his Woolsack duties to be carried out by his deputies.

The average age of the Speaker and his 23 deputies was at that point 76, with only four aged under 70. So it was unsurprising that on 23 March the House agreed to a motion that ‘until 21 July 2020, and notwithstanding the normal practice of the House, any member of the House may perform the duties of a Deputy Chairman without further motion’. Five additional members took on this role, and on 21 April were formally appointed, at once reducing the average age of the panel by over three years.

Initial restrictions on business in the chamber

On Thursday 25 March, before the House adjourned for an extended Easter recess (which had been due to start at the close of business on 1 April), it agreed to a business motion restricting until 21 May (the start of the Whitsun recess) the kinds of business which could be taken: there would be no Private Members’ Bills, balloted debates or Questions for Short Debate. In moving this motion the Leader of the House (Baroness Evans of Bowes Park) announced that for the first three weeks after the return of the House on 21 April it would sit only on Tuesdays, Wednesdays and Thursdays. On Tuesdays it would meet at 1pm (instead of 2.30pm) and on Wednesdays at 11am (instead of 3pm); Thursday sittings would begin at 11am as usual. She also announced ‘that a working group of senior officials from both Houses and the Parliamentary Digital Service has been set up to develop effective remote collaboration and videoconferencing’.

When the House returned at 1pm on Tuesday 21 April, the scene in the chamber was strikingly different from normal, with only about a dozen ‘socially distanced’ members physically present. The first business was the introduction of two new life peers, Lord Grimstone of Boscobel and Lord Greenhalgh, who had quietly been appointed ministers in March. They did not wear robes and did not have the usual two supporters. Continue reading

The Parliamentary Constituencies Bill: how to ensure a level playing field

alan.jfif (1)professor_hazell_2000x2500_1.jpgLegislation now before parliament will reform how parliamentary constituencies are drawn up. Most controversial is a proposal that the recommendations of the independent boundary commissions should be implemented automatically. Alan Renwick and Robert Hazell argue that the principle of automatic implementation is right, but it should be combined with stronger safeguards on the commissions’ independence. 

The government’s Parliamentary Constituencies Bill was debated in the House of Commons for the first time earlier this week. The bill, if passed, will keep the number of MPs at 650, cancelling a cut to 600 that was legislated for in 2011 but has not yet been implemented. It will also alter the procedures for drawing up Westminster constituency boundaries, in four main ways. First, it will reduce the frequency with which boundaries are reviewed, from five- to eight-year intervals. Second, it will slightly shorten the duration of the next review (but only the next one), from 34 to 31 months, to ensure its conclusions can be implemented in good time for a 2024 election. Third, it will adjust the sequence of the review process, so that public hearings on proposed boundaries take place after an initial round of written submissions. Finally, and most importantly, it will make the implementation of new boundaries automatic: parliament will lose its current power to block the proposed changes.

Cancelling the cut in the number of MPs is no longer controversial. That reduction was introduced in 2011 in the wake of the MPs’ expenses scandal, when public scepticism about the value of MPs’ work was at a peak. It was designed to show that ministers understood people’s anger about perceived waste at the heart of politics. Since then, however, parliament has done much to reassert its value. MPs have become more independent-minded in holding government to account. Following reforms implemented in 2010 – some of which were strongly based in earlier Constitution Unit research – select committees have risen greatly in prominence, and are now widely seen as doing much important work. Furthermore, many constituents were discomfited when they saw that cutting the number of MPs would reduce their own local representation at Westminster. The cross-party support that exists for retaining 650 MPs is therefore welcome.

Some of the changes to review procedures have, however, proved more contentious. In particular, opposition parties have argued against the introduction of automatic review implementation. Speaking in the Commons on Tuesday, both the Shadow Minister for Voter Engagement, Cat Smith, and SNP Spokesperson David Linden called it ‘a power grab’ by the executive over the legislature. Labour’s Stephen Kinnock described it as ‘nothing short of a constitutional outrage’. Continue reading