Tag Archives: purdah

Must a caretaker government be a zombie government?

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During the recently concluded Conservative leadership contest, the government appeared to be in a holding pattern, taking little or no action of substance until the election of Boris Johnson’s successor. But did the government, which had a substantial parliamentary majority and an electoral mandate, need to act as if it was merely a ‘caretaker’? Robert Hazell explains that the rules around a ‘lame duck’ PM remain fuzzy, and argues that steps must be taken to clarify the position as soon as possible.

Something very strange happened at Westminster over the summer: a government which enjoyed a comfortable working majority of 71 seats was declared to be a caretaker which could not take any major decisions. It was variously accused of being a ‘zombie government’ ‘asleep at the wheel’, and incapable of taking urgent decisions required by the energy crisis. In its defence the government might have responded that as a caretaker it was precluded from taking such decisions. But the Whitehall rules on this are far from clear. So, what are the Whitehall rules about caretaker governments, and the principles underlying them? And given the confusion this summer, do the rules need clarifying or updating?

‘Caretaker government’ is not a term to be found in any UK government guidance. The Cabinet Manual talks instead about ‘restrictions on government activity’. A leadership election in the governing party is not one of the circumstances when the Cabinet Manual says government activity must be restricted. It envisages just three such circumstances when governments are restricted:

…governments are expected by convention to observe discretion in initiating any new action of a continuing or long-term character in the period immediately preceding an election, immediately afterwards if the result is unclear, and following the loss of a vote of confidence.

Paragraph 2.27.
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PACAC’s report on the EU referendum opens important questions that deserve further attention

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Yesterday, the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report (summarised here) on Lessons Learned from the EU Referendum. Media headlines have focused on the committee’s concerns about possible interference during the referendum campaign by cyber hackers but, as Alan Renwick writes, the report also raised other important issues that deserve further attention.

The House of Commons Public Administration and Constitutional Affairs Committee (PACAC) yesterday published a report on the conduct of last year’s EU referendum. The headlines in media reporting of this for the most part highlighted the committee’s concerns about possible interference during the referendum campaign by cyber hackers. But the MPs also draw out various other important lessons that might be learnt for any future referendums held in the UK. These deserve our careful attention.

Many of the proposals ought to be uncontroversial. The committee adds its weight to calls for extension of the so-called ‘purdah’ period – when state resources cannot be used in support of either side in the campaign – beyond the current 28 days. That would prevent any repeat of the pro-Remain leaflet that the government sent to all households last year at a cost of over £9 million to taxpayers. It would be a desirable step – though, as I suggest below, not the only necessary step – towards the creation of a level playing field in referendum campaigns.

The MPs also urge an updating of the purdah rules – written in 2000 – to reflect the realities of campaigning in the digital age. There was confusion last year as to whether those rules allowed a website promoting the government’s position that was created before the ‘purdah’ period to remain live during that period. The committee sensibly argues that his should be reviewed with a view to providing clarity.

Turning to the system for registering to vote, the committee – again very sensibly – argues for changes designed to minimise the danger of any repeat of last year’s website crash, which forced a last-minute extension of the registration deadline just days before the vote took place.

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How can referendums in the UK be improved? Lessons learned from the EU referendum

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Today, the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report on Lessons Learned from the EU Referendum. The report touches on a variety of areas in relation to the conduct of referendums, including the role of referendums, the role of the civil service during referendum campaigns and cyber security. PACAC’s chair, Bernard Jenkin, outlines his committee’s findings, which they hope that the government will take heed of so that the country is ready for any future referendums.

Today, the Public Administration and Constitutional Affairs Committee (PACAC) has published its latest report on Lessons Learned from the EU Referendum. With Holyrood demanding a new Scottish independence referendum, it is clear that referendums have become a permanent part of the UK’s democratic system, with major implications for our system, which is based on representative democracy. PACAC’s report highlights the importance of clarity in relation to the role and purpose of referendums, and ensuring that referendums are conducted fairly and effectively.

PACAC argues that referendums are appropriate for resolving questions of key constitutional importance that cannot be resolved through the usual medium of party politics. PACAC also argues, however, that referendums are less satisfactory in the case of what might be called a ‘bluff call’ referendum when, as last June, the referendum is used by the government to try to close down an unwelcome debate. As well as a clear question, the outcome in either case must also be clear. That means there should be more clarity and planning by the government holding the referendum, so there is less of a crisis of uncertainty if they don’t get the answer they want, as in the EU referendum.

PACAC considered four other areas in relation to the conduct of referendums: the fairness of the so-called ‘purdah’ period; the administration of the referendum; the role of the civil service during a referendum campaign; and cyber security.

On purdah, the government claimed at the time that the purdah provisions would impair the functioning of government. However, these provisions were of critical importance to the fair conduct of the referendum. The purdah provisions should be strengthened and clarified for future referendums and PACAC supports the Law Commission’s proposals to consolidate the law regulating the conduct of referendums. Additionally, PACAC asserts that the purdah restrictions should be updated to reflect the digital age, and extended to cover the full ten weeks of the referendum period, as recommended by the Electoral Commission.

With regard to the administration of the referendum, the evidence gathered during PACAC’s inquiry suggests that, while not without some faults, the EU referendum was on the whole run well.  PACAC commends the Electoral Commission for the successful delivery of the referendum, which was of enormous scale and complexity.

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The EU Referendum Bill: Taking stock

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 robert_hazell (1)The EU Referendum Bill completed its eventful passage through the House of Commons in September. As scrutiny begins in the House of Lords Alan Renwick and Robert Hazell assess the changes made so far, arguing that whilst new clauses preventing the referendum from being held on the same day as devolved and local elections are welcome, the move away from a ‘Yes/No’ question could have undesirable consequences for the dynamics of the campaign.

Some of the liveliest political debates of the summer centred around the government’s proposals for the forthcoming referendum on the UK’s EU membership.  The European Union Referendum Bill passed through the Commons last month, but only after a series of bruising battles that resulted in multiple concessions from ministers.

With debate beginning in the House of Lords today, it is time to take stock.  Many of the changes to the bill that the government was forced to accept will probably have less impact on the referendum result than those who fought for them apparently supposed.  But there are interesting and important questions for the future conduct of referendums in the UK.  We focus here on three areas of contention: the rules governing the referendum campaign, the timing of the referendum and the referendum question.

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