Tag Archives: public bill committees

Parliamentary reform in the 2024 party manifestos 

Posted on by

The main party manifestos have now been published, allowing exploration and comparison of their constitutional proposals. In this second post in a series on the manifestos, Meg Russell looks at the parties’ commitments on parliamentary reform. What are they promising, and what are the prospects for these proposed changes? 

Yesterday on this blog, Lisa James reviewed the constitutional proposals presented by the political parties in their 2024 general election manifestos. Unsurprisingly, parliamentary reform is a key area that appears in several of them. Most parties include aspirations to reform the House of Lords, and some make other commitments on the House of Commons, or the overall power of parliament. This second post in the Constitution Unit’s manifesto series reviews these proposals, reflecting on their origins, merits, and prospects for implementation. It starts with the power of parliament as a whole, before moving to the Commons, and then the Lords. 

The power of parliament 

It is primarily the Liberal Democrats that give space to parliament’s overall place in the constitution – an area subject to significant recent controversy. The Brexit referendum of 2016 led to fierce clashes in parliament, and unusually high-profile arguments about both parliamentary procedure and the limits of the government’s prerogative power. Brexit also raised new questions about parliament’s powers over policy matters that returned to the UK following its exit from the European Union. 

Continue reading →

Delivering House of Commons reform after the general election 

Posted on by

How can House of Commons reform be delivered in the next parliament? A new Constitution Unit report explores past approaches to developing and delivering changes to the Commons’ procedures, and the implications for current advocates of reform. Tom Fleming and Hannah Kelly summarise the report’s findings and conclusions. 

Background 

House of Commons reform is likely to be on the political agenda in the next parliament. Recent years have seen a growing number of books and reports highlighting problems with how the Commons works, and arguing that at least part of the solution lies in reforming its internal procedures. These reform proposals come against a backdrop of deep public dissatisfaction with parliament that suggests a need for MPs to explore ways of enhancing their collective reputation. The election of a new parliament on 4 July may therefore open a window of opportunity for Commons reform. 

Given this context, there has been surprisingly little recent discussion of how such reforms might actually be delivered. This matters, because a number of different institutional vehicles can be used for developing and drafting proposals for procedural change. Moreover, past experience suggests that how the reform process is organised matters for the outcomes of that process. Politicians with an agenda for Commons reform should therefore be giving serious thought to the mechanisms for delivering that agenda. 

Goals of the report 

Our new report therefore provides an evidence-based assessment of four different previous approaches to developing and delivering proposals for Commons reform: 

  • Government initiative. Reform can come directly from government proposals, drawn up under the authority of ministers. Those ministers might respond to suggestions from elsewhere, and informally consult relevant MPs or select committees. But under this approach, the initiative for developing and bringing forward reform proposals lies wholly with the government. 
  • Permanent backbench select committee. Proposals can instead be developed by a permanent select committee of backbench MPs with an ongoing remit to investigate procedural questions. The primary past and current case of this approach, and the one we study in our report, is the House of Commons Procedure Committee, which has existed in more or less its current form since 1997. 
  • Temporary backbench select committee. The Commons can also appoint a backbench select committee with a temporary remit to report on a particular area or areas of procedure. We study the most recent such committee: the 2009–10 Select Committee on Reform of the House of Commons, better known as the ‘Wright Committee’ after its chair, the Labour MP Tony Wright. 
  • Government-chaired select committee. The final approach is something of a hybrid: appointing a select committee to review Commons procedures, but having it be chaired by a government minister. The key template for this is the Modernisation Committee which existed from 1997 to 2010 under the last Labour government. This committee combined backbench MPs with frontbench spokespeople from the three largest parties, and was chaired by the Leader of the House. Having a cabinet minister chair the committee was unusual, and sometimes controversial, given that Commons select committees usually only include backbench MPs. 
Continue reading →

Parliamentary scrutiny: what is it, and why does it matter?

Posted on by

This is the first edition of this briefing. It has since been updated. Read the most up-to-date version and other briefings on the Constitution Unit’s website.

Parliamentary scrutiny is at the heart of UK politics. In this post, Meg Russell and Lisa James examine the four key methods of parliamentary scrutiny, and offer proposals on how to strengthen it, calling for better behaviour by government and strong engagement from backbenchers.

Background

Parliament lies at the heart of UK politics. The legislature is a core institution in any democracy, but is particularly important in the UK, due to our tradition of ‘parliamentary sovereignty’. The government is dependent on the confidence of the House of Commons, which can potentially remove it from office. Parliamentary consent is required for primary legislation, and parliament is a particularly central and important body in holding ministers to account day-to-day.

This makes scrutiny – the detailed examination of policy proposals, actions and plans – one of the essential roles of parliament. Other functions include representation, and serving as a space for national debate – which in turn feed into parliament’s scrutiny function.

This briefing summarises why parliamentary scrutiny matters, what different kinds of parliamentary scrutiny exist at Westminster, some recent concerns about the decline of scrutiny, and ways in which it can be protected and strengthened.

Why does parliamentary scrutiny matter?

The government is responsible for much day-to-day decision-making, in terms of national policy formulation and implementation. But the government itself is not directly elected, and depends for its survival on the continued confidence of the House of Commons. This makes parliament one of the central checks and balances in the constitution – arguably the most central one of all. To provide government accountability, one of the core functions of parliament is scrutiny.

Continue reading →

Coronavirus and the Commons: how the hybrid parliament has enabled MPs to operate remotely

Posted on by

sir_david_natzler.smiling.cropped.3840x1920.jpg

It has now been three weeks since the House of Commons agreed to operate on a hybrid basis, with many MPs contributing remotely and the Commons holding its first remote votes. Former Commons clerk David Natzler assesses how the virtual parliament has been operating, and asks if and when the Commons will return to its pre-hybrid state.

The three weeks since the return of parliament from the Easter break have seen the rapid emergence of a virtual parliament, but asymmetrically between the two houses. The Lords has followed a twin track: ordinary chamber proceedings whenever a decision of the House is required, and ‘Virtual Proceedings’ for questions, statements and debates where participation is restricted to those peers not in the chamber. In separate orders agreed on 21 and 22 April the Commons decided that both scrutiny (questioning) and substantive (decisive) proceedings would be ‘hybrid’, meaning that members could take part whether in the chamber or not, and that each group would be treated with strict equality. All categories of business can now at least in theory be dealt with. For example, the report stage of the Agriculture Bill is scheduled for 13 May. On 11 May two pieces of internal business were dealt with: a personal statement from Greg Hands was made remotely, and Conor Burns was suspended from the Commons for seven days, both following reports from the Committee on Standards: evidence that the House has still been able to exercise its powers during these unusual times.

Lists of questioners are compiled and published in advance, on the parliamentary website, indicating whether the member intends to attend in person or remotely. Virtual contributions are denoted in Hansard with a ‘V’ by the speaker’s name. That all is proceeding smoothly is due not only to the staff of the House but also to its political leadership, which has created a broad consensus in a way that seemed unlikely a few weeks ago. The Westminster parliament is now something of a market leader: the senior official overseeing the changes, Matthew Hamlyn, gave evidence on 30 April to the Canadian House of Commons Procedure and House Affairs Committee, along with representatives of other parliaments, on the new arrangements.

Who still attends in the Commons – and why?

The lead minister responsible for the department answering questions,  making a statement or introducing legislation generally, but by no means always, attends. Indeed, the first minister to answer departmental questions, Simon Hart, the Secretary of State for Wales, participated remotely. Junior ministers often attend physically if they have more than one question to answer. The presence in the chamber of the answering minister does give general confidence that their replies will be audible whatever minor gremlins get into Zoom. Most but not all opposition frontbenchers attend in person, although Lisa Nandy and Ellie Reeves both made their frontbench debuts remotely

By now the overwhelming majority of backbenchers participate remotely. A handful of members choose to attend in person, some travelling from far away; but as the new temporary regime has developed the numbers seem to be dropping. In the short debate on a pension enrolment instrument on 4 May there were no participating members physically present. By contrast debates on some specific local or sensitive topics seem to have more physical participants. Mark Garnier said that he had made a 300-mile round trip by car ‘to speak here in person’ on a harrowing case of domestic abuse, during the second reading debate on the Domestic Abuse Bill. Some members may still feel that a 10-minute speech in an important debate carries more weight if delivered in the chamber, while a 30 second question can be posed remotely without loss of impact. That said, Sara Britcliffe made the first virtual maiden speech remotely from Lancashire. But there is no prospect of Lancashire’s proud son in the Speaker’s chair presiding from Chorley. Continue reading →