Lords reform is back on the agenda: what are the options?

meg_russell_2000x2500.jpgSince December’s general election, proposals for Lords reform have abounded – emerging from both government briefings, and proposals floated during Labour’s leadership contest. Meg Russell, a well-established expert on Lords reform, reviews the wide variety of options floated, their past history, and their likelihood of success – before the topic may get referred to the government’s proposed Constitution, Democracy and Human Rights Commission.

Reform of the House of Lords is a perennial in British politics. Elections come and go, political parties often make promises to reform the Lords, and generally political obstacles of various kinds – or simply just other political priorities – get in the way. As indicated below, and chronicled in my 2013 book The Contemporary House of Lords, some proposals still under discussion have been mooted for literally hundreds of years. Occasionally breakthroughs occur: significant reforms included the Parliament Acts 1911 and 1949 (which altered the chamber’s powers), the Life Peerages Act 1958 (which began moving it away from being an overwhelmingly hereditary chamber), and the House of Lords Act 1999 (which greatly accelerated that process, removing most remaining hereditary peers). Since this last reform there have been numerous proposals, through government white papers, parliamentary committee reports and even a Royal Commission (which reported in 2000), but little actual reform. The last major government bill on Lords reform — abandoned in 2012 — was under the Conservative-Liberal Democrat coalition. Its sponsor, Deputy Prime Minister Nick Clegg, no doubt came to agree with renowned constitutional historian Lord (Peter) Hennessy, who has dubbed Lords reform the ‘Bermuda Triangle of British politics’.

Nonetheless, following December’s general election the topic is firmly back on the agenda. The Conservative manifesto flagged it as a possible matter for discussion by the promised Commission on the Constitution, Democracy and Human Rights (which is yet to be established). Various proposals from the government side have been floated in the media – the most eye-catching perhaps being a suggestion that the House of Lords might move to York. Meanwhile, other Lords reform ideas have featured in debates during the Labour Party leadership (and deputy leadership) contest. As often occurs, the topic has also been made salient by concerns about new appointments to the chamber. Continue reading

Why a central role for party members in leadership elections is bad for parliamentary democracy

meg_russell_2000x2500.jpgThe Labour Party is currently engaged in picking a new leader. In recent years greater and greater powers have been given to party members in such elections, at the cost of parliamentarians. Meg Russell argues that these changes have destabilised the dynamics of parliamentary democracy, weakening essential lines of accountability. She suggests that there is a need to properly review these effects. In the meantime she proposes some short-term solutions for Labour.

Labour’s leadership election is underway, with a final decision due after a ballot of party members and affiliated supporters on 4 April. Currently, four candidates are pursuing nominations from constituency parties and affiliated organisations, following an initial round of nominations by Labour MPs (and MEPs). Under Labour’s present system, the party’s MPs have relatively little control over the outcome – serving solely as ‘gatekeepers’ to the ballot. As occurred in 2015, a leader could hence emerge who has little Parliamentary Labour Party (PLP) support. This arrangement departs significantly from the original basis for choosing UK party leaders, and is unusual internationally. It has potentially destabilising effects on the whole political system, given parliament’s centrality. This post argues that, in the short-term, pledges from Labour candidates could avoid the worst potential effects on the party.

The history of leadership election rules

Traditionally, MPs chose the UK’s party leaders. Labour was the first party to diverge from this, under pressure from left-wing activists in the 1970s. Believing that MPs were prone to pick overly-centrist leaders, the Campaign for Labour Party Democracy pressed for local party and trade union involvement. This led to adoption of the so-called ‘electoral college’ in 1981, giving equal weight in the final outcome to 3 groups – MPs, constituency parties and affiliated organisations – though MPs controlled the initial nominations. That system survived largely intact for decades without upset. Crucially, the final ballot outcome was consistent with MPs’ own preferences for the elections of Neil Kinnock in 1983, John Smith in 1992 and Tony Blair in 1994 (while Gordon Brown’s 2007 succession was uncontested). Cracks began showing in 2010, when Ed Miliband was elected despite his brother David having greater support from both MPs and party members. To avoid future splits in the electoral college Ed Miliband abolished it – giving the final say to members, ‘registered supporters’ and affiliated members who all participate on an equal basis. This system elected Jeremy Corbyn in 2015 – despite his limited backing in the PLP – and is being repeated (with minor modifications) now.

The Conservative Party changed its rules more slowly, and retained more safeguards. Famously, Conservatives used to pick their leader through a system of informal ‘soundings’ in the parliamentary party, with formal elections not introduced until 1965. Thereafter, the leader continued being chosen by Conservative MPs, until William Hague’s reforms following the party’s 1997 defeat. The new system echoed Labour’s, by including the wider membership, but retained stronger parliamentary party control. Candidates are whittled down to two (if necessary) through successive MP ballots, with the choice between them being put to the wider membership. This system remains unchanged, and was most recently deployed in 2019 when Boris Johnson beat Jeremy Hunt. Notably, in both 2003 and 2016 the parliamentary party chose a leader (Michael Howard and Theresa May, respectively) without a member ballot, after other potential candidates withdrew.

Member ballots and parliamentary accountability

Inclusion of the wider party membership inclusion in selecting leaders has weakened traditional lines of accountability, as illustrated most starkly by Jeremy Corbyn’s leadership. Although MPs (very narrowly) put Corbyn on the ballot in 2015 it was always clear that he had only minority support within the PLP. A vote of no-confidence in June 2016 made this explicit, when 172 Labour MPs (81%) voted against him, and only 40 in favour. This sparked a fresh leadership contest, which Corbyn comfortably won – leaving the PLP to coexist with a leader that it plainly did not support. Continue reading

Getting a new parliament up and running: what happens after the election?

sir_david_natzler.smiling.cropped.3840x1920.jpgbeamish.jpg (1)We may not yet know the result of the election, but we do know that we will have a new parliament. David Natzler and David Beamish explain what will happen when the new parliament commences next week. No matter the outcome of today’s vote, certain processes will need to be followed: parliament will need to be officially opened, MPs will need to be sworn in, and committees will need to be re-established — and their members and chairs must be elected.

The dates

The first days of a new parliament follow a well-trodden path, and the surest guide to what will happen is usually to look up what happened last time, in June 2017. However, much depends on the political context. And we will not know that context until the early hours of Friday 13 December at the earliest. All we know for sure is that the new parliament will meet on Tuesday 17 December, and that if the current Prime Minister returns, the State Opening – the start of the new session – will be only two days later, on Thursday 19 December. If there is a hung parliament, the State Opening could be delayed. Continue reading

Enacting the manifesto? Labour’s pledges and the reality of a hung parliament

professor_hazell_2000x2500_1.jpgmeg_russell_2000x2500.jpgMedia coverage in this election has been dominated by the Conservatives and Labour, and their competing policy plans. But a key difference between the parties is that, while a Conservative majority government is clearly possible based on the polls, a Labour majority government is not. Hence a Labour-led government would need to negotiate its policy with other parties, which would soften its stance. Robert Hazell and Meg Russell reflect on the lack of coverage of these questions, and what a Labour-led government would actually look like – in terms of personalities, policies and style.

Consistent opinion poll evidence during the general election campaign suggests that there are two possible outcomes: a majority Conservative government led by Boris Johnson, or a hung parliament. In the event of the latter, Johnson might still remain Prime Minister, but he has few allies – even having alienated Northern Ireland’s DUP. So a hung parliament might well result in a government led by Labour, even if the Conservatives are the largest party. But one thing is clear: nobody is really expecting a Labour majority government. 

Consequently, particularly as the polls have failed to shift into majority Labour government territory during the campaign, it is strange that so little attention has been given to the question of what a Labour-led government might actually deliver in policy terms. To navigate policy through a hung parliament this would need to be accepted by other parties. In some areas – notably the commitment to a referendum on Brexit – the parties agree; but in other areas there may be less agreement. So whilst significant attention has been paid to the radicalism of Labour’s manifesto, a hung parliament – which might lead to a minority Labour government, or less likely (given statements from the Liberal Democrats and SNP) a formal coalition – would inevitably result in some dilution. As noted in the Constitution Unit’s 2009 report on minority government, hung parliaments ‘[entail] a greater degree of compromise and concession than leaders of governments at Westminster are used to’.

Thus focus on Labour’s economic policy – such as its tax or nationalisation plans – might usefully have been tempered by journalists asking questions of the other parties about the extent to which they would accept such plans, or how they might be softened as a result of negotiation. In a country where hung parliaments are more frequent, debate about the likely compromises between parties would be far more upfront during the campaign. Instead, the UK’s legacy of single-party majority government (notwithstanding the fact that this situation has applied for just two of the last nine years) has led to parties and journalists alike avoiding such questions. This, in turn, risks leaving the public ill-informed about the real prospects post-election. Continue reading

Ten things you need to know about a hung parliament

professor_hazell_2000x2500_1.jpgimage1.000.jpg.pngWe know there will be an election on 12 December, but the outcome, in terms of parliamentary seats and who will form the next government, remains uncertain. Robert Hazell and Harrison Shaylor answer some of the key questions about what happens if the election creates another hung parliament.

With an increasingly volatile electorate, and uncertain forecasts in the polls, it is possible the 2019 election will result in another hung parliament. Although bookmakers currently have a Conservative majority as comfortably the most likely election result, and the Conservatives are currently polling around 11 points ahead of Labour, a hung parliament is by no means out of the question. It would be the third hung parliament in four general elections. This explains what lessons can be learned from our previous experience of hung parliaments at Westminster and around the world. It addresses questions such as how a new government is formed, how long formation of that government will take, what kinds of government might emerge, and what the most likely outcomes are.

How common are hung parliaments in other countries?

In most democracies across the world, single party majority governments are the exception. Whereas the ‘first-past-the-post’ (FPTP) voting system used in the UK has had the tendency to encourage adversarial two-party politics and majority government, this is far from a default setting. Proportional representation tends almost always to produce coalitions: many countries in Europe currently have a coalition government.

Recent years have shown that, even in countries using FPTP, hung parliaments can occur quite frequently. In Canada, whose parliament uses the same electoral system as Westminster, there were 10 minority governments in the 20th century. There have already been four since 2000, including the incumbent minority government led by Justin Trudeau, formed after the Liberals lost their majority in the October 2019 federal election.

What is the experience of hung parliaments at Westminster?

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Westminster has more experience of hung parliaments than is generally recognised. There were 20 governments in Westminster in the 20th century: four were coalitions, and six were minority governments. But single party majority governments dominated after the Second World War. The 2010 coalition government was the first since 1945 and the product of the first hung parliament in 36 years. Since 2010, however, two out of three general elections have produced hung parliaments (and the fact that David Cameron’s Conservatives succeeded in obtaining an absolute majority in 2015 was a surprise). Continue reading

How to make the select committee system more effective and influential

220px.Official_portrait_of_Dr_Sarah_Wollaston_crop_2Dr Sarah Wollaston, Chair of the Liaison Committee, discusses its new report into how the system of select committees can operate more effectively, both in terms of their place within the House of Commons and their external impact. New ways of working and more powers are suggested, such as taking a ‘digital first’ approach to reports and formalising formalising further the arrangements for the Prime Minister to appear before the Liaison Committee.

Even at times of deep political division, select committees often show parliament at its best. MPs work together across party lines to reach consensus and to hold the government of the day to account. This June marked the fortieth birthday of the departmental select committee system. The Liaison Committee, which is made up of the chairs of all select committees, took the opportunity to review what select committees do and how they do it, publishing our recommendations on 9 September, in a report entitled The effectiveness and influence of the committee system.

Our report introduces a new set of aims and objectives that better reflect the work of modern select committees. From climate change to social care, the impact of Brexit to fake news, select committees have become a driving force for investigation into emerging issues of the day. They have always been a place where the administration, policies and spending of government has been scrutinised. Since the banking crisis of 2008, they have increasingly become a place where those outside government who hold significant public roles or power over people’s lives can be held publicly to account. We recognise this role in investigating areas of public concern in our new aims and objectives and call for it to be reflected in our formal remits.

The new objectives talk about what we do; they also talk about how we do it. We have made progress in hearing from more diverse groups of people and engaging directly with the public in new and more inclusive ways. The Health and Social Care and Housing, Communities and Local Government Committees, which worked alongside a Citizens’ Assembly on Social Care, and the Petitions Committee’s inquiry into the online abuse of disabled people, are exemplars of how committees are increasingly engaging with people outside the usual groups who contribute and including those who have lived experience. Continue reading