The Constitution Unit Blog

Boris Johnson and parliament: an unhappy tale in 13 acts

meg_russell_2000x2500.jpgParliament returns from its summer break today. During Boris Johnson’s 13 months in office as Prime Minister his relationship with parliament has often been rocky. In this post, Unit Director Meg Russell reviews 13 episodes during these 13 months which illustrate Johnson’s difficult relationship with parliament. His Number 10 has often resisted parliamentary oversight, and faced down significant parliamentary opposition – including from his own backbenchers. With growing indications of backbench discontent, she explores the dangers of this situation.

As the Commons reassembles today, it’s a good moment to reflect on the relationship between Boris Johnson’s government and parliament so far. Johnson has now held office for just over a year, and rumours are emerging of significant discontent on the Conservative backbenches. From the outset, Johnson’s relationship with parliament has been beset with controversy. As he enters his second parliamentary year, what have been the key flashpoints, and what do they add up to collectively?

This post looks back at 13 episodes in the past 13 months, before reflecting on what they teach us, and what the future may hold. It suggests that while existing flashpoints have resulted from Number 10’s bold assertions of executive power, there are risks for Johnson that the tables could soon start to be turned.

1. The first day: two hours of scrutiny before recess

Boris Johnson became Prime Minister on the afternoon of 24 July 2019, following his victory in the Conservative leadership contest. On that day, Theresa May took her final Prime Minister’s Questions. Johnson thus had just one day to face parliament, which was about to break for its summer recess. The hot topic was Brexit; May had been forced out after failing to gain adequate support from her own MPs for her Brexit deal, which was defeated three times in the Commons between January and March. Johnson had been among those voting against it. The big question was how he could succeed where Theresa May had failed. On 25 July there was a brief potential window for MPs to quiz him on his Brexit strategy. But he chose instead to make a far more general statement on ‘priorities for government’. After two hours of questions ranging across all policy topics, the Commons moved to adjourn until September. An attempt by MPs to delay adjournment had failed, as did a later attempt to recall parliament over the summer to discuss progress on Brexit. Recall is impossible without the agreement of the government. 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

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

Can Dominic Cummings defy the political laws of gravity?

meg_russell_2000x2500.jpgRecent news has been dominated by Dominic Cummings’ lockdown trip to Durham. As a serial rule-breaker, he seems intent on flouting the maxim that ‘when the adviser becomes the story, the adviser must go’. But with MPs returning today, other fundamental political rules may not be so easily broken, writes Meg Russell. All Prime Ministers depend on their backbenchers for support and, with Conservative MPs in open revolt over Cummings, Johnson’s backing for him may yet become untenable. In the Westminster system MPs are ultimately in charge, and there are ways in which they could assert their position.

The Prime Minister’s adviser Dominic Cummings doesn’t like to follow the rules. That’s not necessarily a statement on his lockdown-breaking trip to Durham – disdain for established rules, and specifically for conventional wisdom that can’t be directly enforced, is what Cummings has long been known for. For some, it’s seen as part of his ‘genius’. From flying a giant inflatable white elephant over the north-east during a referendum that destroyed Labour’s plans for English regional devolution, to the audacious ‘£350 million a week’ for the NHS on the Vote Leave battlebus, to the long-planned ‘people versus parliament’ election of 2019, his boundary-stretching has often proved a winning formula, and delivered for Boris Johnson.

Cummings has long shown particular disdain for traditional political institutions, and their old ways of doing things. He’s well-known for wanting to pursue radical reform of the civil service. Conservative Brexiteer MP Steve Baker, who was among the first to call for him to quit, credits Cummings with Johnson’s attempt to prorogue parliament for five weeks, which was overturned in the Supreme Court. That move, like several others associated with Cummings, indicated his view that conventions, or the ‘accepted way of doing things’ count for nothing, while all that matters is the letter of the law. Other examples include suggestions to ‘pack’ the House of Lords with hundreds more Brexit-supporting peers, or to advise the Queen not to sign a rebel bill into law. Indeed ‘Downing Street sources’ went even further late last year, suggesting that Johnson might refuse to abide by a law passed by parliament. Continue reading

Parliament and Brexit: what do the public think?

IMG_20181213_223144Almost four years have passed since the 2016 EU referendum delivered a mandate for Brexit. However, as John Curtice explains in the latest extract from our joint report on Parliament and Brexit, the views of the public on the role of referendums in the Brexit process is heavily influenced by their views on whether Britain should leave the European Union or remain a member.

Though they have been used various times on constitutional matters in the UK, referendums are often thought to challenge traditional notions of representative parliamentary democracy. In the UK’s version of such a democracy, MPs are sent to Westminster to deliberate and exercise their judgement on their constituents’ behalf. Referendums seemingly usurp this traditional role, in an attempt to ascertain ‘the will of the people’.

Nonetheless, survey research has long suggested that referendums are popular with voters – as indeed was the June 2016 EU referendum. A fortnight beforehand, 52% told YouGov that David Cameron was right to hold a referendum on Britain’s EU membership, and only 32% said he was wrong. On the very eve of polling, Ipsos MORI reported that 66% of voters felt the Prime Minister was right to hold a ballot, while only 24% reckoned he was wrong.

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Yet, underneath the surface there were already important differences of opinion. As the first chart shows, Leave and Remain backers had rather different views. According to YouGov, 83% of Leave supporters supported Cameron’s decision, and only 9% thought it wrong. In contrast, 60% of likely Remain voters disliked the decision and only 26% approved. Of course, in calling the referendum Cameron had opened up the possibility that the UK might indeed leave the EU, a prospect that Leave voters were more likely to
embrace. Continue reading