COVID-19 and Commons procedure: back to the future?

Last week the House of Commons extended the temporary procedural arrangements designed to facilitate business during the pandemic, but did not debate the issue separately, and it is not clear if another opportunity to debate the measures will present itself. Former Clerk of the Commons David Natzler argues here that MPs are entitled to an opportunity to determine all significant aspects of its future procedures before the current arrangements expire.

On Thursday 25 March the House of Commons decided to extend for a further three months its temporary procedural arrangements in response to COVID-19, a year on from the first national lockdown. During that period there have been substantial innovations in the way the House works. Some of these have been controversial, in particular new arrangements for members to take part ‘virtually’ in questions and debates and committees, and new rules on voting, including remote electronic voting. Equally controversial has been the issue of how the decisions to continue, change or terminate these arrangements have been made and who has the power to decide: in other words, who really controls the workings of the House of Commons. Such controversy is not new. The problem was discussed at length in the Unit’s January report Taking Back Control. But the past year has given them new urgency.

The Procedure Committee published a report on 14 March, entitled Back to the Future? Procedure after coronavirus restrictions. Having given an account of developments since the autumn, the committee recommended an extension of the temporary orders until the beginning of stage 4 (currently 21 June), which was agreed by the House on 25 March. But the report also recommends that ‘the House reverts to all aspects of its pre-pandemic practice and procedure’. That reflects an amendment made to the chair’s original draft by most of the Conservative majority on the committee, led by William Wragg – who also chairs the Public Administration and Constitutional Affairs Committee. The same group of members removed a proposal that the committee should mount a further inquiry into the process of making procedural change (see the committee’s Formal Minutes).  

On Thursday 25 March the motion to renew the orders until 21 June was debated as part of a much wider debate on coronavirus regulations and the six-monthly renewal of the Coronavirus Act. The issue of the House’s procedures was naturally overshadowed and there was little reference to them other than in a speech by the chair of the Procedure Committee (see below). There can be no certainty that there will be another chance to consider the arrangements, and every possibility that they will be allowed to lapse on 21 June without further debate or vote. 

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Democracy and the coronavirus: how might parliament adapt?

sir_david_natzler.smiling.cropped.3840x1920.jpgParliament is currently in recess but its work continues, with select committees moving to remote hearings, and the Speaker promising to move, if only temporarily, towards a ‘virtual parliament’. David Natzler, who spent almost 40 years working in the House of Commons, draws on his experience to suggest how issues relating to the remote conduct of oral questions, voting, committees, and other key matters, might be resolved before parliament returns in late April.

In my blog of 23 March, I suggested that parliament would be judged on how well it had dealt with COVID-19. Over the past fortnight parliament has passed the Coronavirus Act and Commons select committees have held several hearings (see below) in procedurally unique circumstances. Developments in other parliaments and institutions have given an indication of how Westminster might adapt in the coming months. And there have been growing calls for business – in  some radically different form – to be resumed well before 21 April, when parliament is due to reassemble following its standard, if slightly extended, Easter break. The proceedings in both Houses on 23-25 March are of course available to read in Hansard. They do not seem to have been widely reported in the press, save for the observation that there were no votes. 

Speaker’s letter of 27 March: Chamber proceedings 

On 27 March the Speaker, Sir Lindsay Hoyle, wrote a letter to all members of the House of Commons. The letter confirmed that he would be considering several practical measures to enable the number of members present in the Commons chamber at any one time to be reduced. These measures included advance publication of the order of speaking in debate, which the Chair has hitherto not revealed, thus requiring members to attend the debate and wait until called. In the past it has been suggested that the draft list be published, as it is in many other parliaments; this already happens in the House of Lords. If this were introduced it could take some persuasion to return to the existing practice, which allows the Chair to show some flexibility in response to debate.

Oral and written questions and statements

The Speaker’s letter also envisages possible adaptations of the oral question regime, conceivably allowing for questions and supplementary questions to be posed remotely by absent members. Advance submission by MPs of their desire to be called to ask a supplementary question following a statement or urgent question is also canvassed as a possible change. And the Speaker gave a strong signal that he would expect the government to allow for answers to written questions to be given during any future extended period of adjournment, much as happened in the mid-2000s when September sittings were abandoned for several years (see Standing Order 22B and Erskine May 22.4, footnote 3). This was repeated in his letter to the Leader of the Commons on 2 April. Continue reading

Parliament and COVID-19: the Coronavirus Bill and beyond

sir_david_natzler.smiling.cropped.3840x1920.jpgThe Coronavirus Bill introduced by the government last week will be debated by parliament in circumstances where it is harder for both Houses to meet, scrutinise and vote than at any time in recent memory. How should parliament respond to both the legislation and the crisis that prompted it? Former Clerk of the Commons David Natzler outlines the key issues facing MPs and peers as they consider how parliament should function in the coming months.

Just as the dust is settling on the first phase of the Brexit marathon, and the Constitution Unit and others are examining the role played by Parliament over the past three years, COVID-19 presents itself wholly unexpectedly as a challenge to all the nation’s institutions. Parliament was settling in for five years of single-party majority government and it looked as if, Brexit deal aside, it would be relatively smooth sailing. Now parliament faces the challenge of fulfilling its role in a COVID-19 environment.

The Coronavirus Bill

The government published its Coronavirus Bill on Thursday 19 March, having already revealed the policy proposals to which it gives effect in its Action Plan (published on 3 March) and a more detailed prospectus (published on 17 March). The bill has 87 clauses and 27 Schedules, totalling 321 pages of legislative text. The Explanatory Notes run to 73 pages, and there is a 31-page long memorandum on the implications for human rights.

Commons scrutiny

The bill is to be debated in the House of Commons on Monday 23 March for a maximum of six hours: up to four hours on second reading and two hours for committee of the whole House and remaining stages. The House decided on 18 March to disapply the EVEL Standing Orders in relation to the bill, so it will be spared the rigmarole of forming a Legislative Grand Committee.

It has been possible to table amendments since the bill was introduced. Four amendments and four new clauses were tabled on the day of its publication, and more may be expected in so-called ‘manuscript’ form on the day. They mainly address the issue of for how long the Act will be in force. The bill establishes that its provisions will apply for two years, with provisions for individual powers to be ‘sunsetted’ earlier or indeed revived if it falls due to a sunset clause. It also provides for a general debate in both Houses after one year. Both the official opposition and a cross-party group are proposing systems of six-monthly debate and renewal only if the House so decides. It is perhaps significant that the Irish parliament last week passed a similar bill and as a result of amendment decided that it should last for one year. This is an area where some change is likely; both the Scottish Government, and independent human rights organisations such as Liberty, have expressed concerns about the sunset and scrutiny provisions as currently drafted. Continue reading

Looking forward, looking back: an evening with Sir David Natzler

IMG.2771On 19 March, the Unit held an event: ‘Challenges for Parliament: Looking Back, Looking Forward’, at which Sir David Natzler – who retired as Clerk of the House of Commons in February – spoke to Professor Meg Russell about his 40-year career in parliament. The discussion was both entertaining and informative; Dave Busfield-Birch summarises the key points.

Early days

Sir David first started working in the House of Commons in 1975, at what he called an ‘exciting time’, just two years after the UK had joined what was then known as the European Communities. His first assignment was as clerk to the European Legislation Committee, which was facing the novel challenge of sifting through the legislation passed by an unelected Council of Ministers sitting in the capital city of another country, and recommending which measures should be debated.

Parliament was unsurprisingly a very different place in the early years of Sir David’s Commons career. Talking of the key differences, he first spoke of how ‘expectations’ had changed significantly since then. For example, there were no limits on how long a Member could speak in those days. Whereas the Speaker (or one of the Deputy Speakers) can now impose relatively short time limits for MPs wishing to speak, that was not the case in 1975. Sir David considered this ‘almost one of the biggest changes’ of the past two or three centuries; that speaking for a long time can no longer be used to ‘destroy business’.

One of the other key differences between then and now is that the House of Commons lacked fiscal independence when he first started working there. It was instead reliant on the government for finance, thereby limiting its ability to take crucial decisions such as whether or not to recruit more staff. The Treasury hence had control of the Commons until the establishment of the House of Commons Commission in 1978, at which point the Commons became fiscally independent. Continue reading