Brexit and parliament: an end of term report

Posted on August 6, 2019 by The Constitution Unit

On 22 July, the Unit, in association with The UK in a Changing Europe, hosted four experts on the legislative process, including our Director, Professor Meg Russell, for a panel discussion of parliament’s handling of Brexit. Sam Anderson summarises the main contributions.

On 22 July, the Constitution Unit held a packed event entitled ‘Brexit and Parliament: an end of term report’. As well as launching Unit Director Professor Meg Russell’s new Senior Fellowship with The UK in a Changing Europe, it offered a key opportunity to reflect on parliament’s recent performance on Brexit and what may lie ahead. The other contributors were Hilary Benn MP, Labour Chair of the Commons Exiting the European Union Select Committee; Chris White, Managing Director of Public Affairs at Newington Communications and former adviser to two Conservative Leaders of the House; and Dr Brigid Fowler, Senior Researcher at the Hansard Society, who leads its work on parliament and Brexit. The event was chaired by Dr Daniel Gover, Research Fellow at the Constitution Unit and Lecturer in British Politics at Queen Mary University of London. The discussion included whether parliament had used some of its more innovative procedures appropriately, potential next steps in the backbench fight to stop ‘no deal’ and public perceptions of how parliament is performing in the Brexit process.

Meg Russell

Meg Russell gave an overview of the three key research areas that her new fellowship will focus on.

1. How direct and representative democracy relate to each other in the UK

This has been one of the main issues raised by the 2016 referendum. The centrality of parliamentary sovereignty in the UK constitution means that there is a natural tension between representative democracy – where decisions are made by parliament – and direct democracy, involving the use of referendums. Referendums can undoubtedly create tensions with parliament’s representative function; however the Unit’s Independent Commission of Referendums concluded that in certain circumstances referendums can usefully complement parliamentary sovereignty.

The concepts of direct democracy and the overriding mandate of the referendum have fed debates about the role of parliament that have taken a ‘darker turn’ in recent months. Challenging parliament’s decisions is legitimate in a democracy, but threatening the right of parliament to sit and perform its constitutional and legal functions is something we never expected to see. This rhetoric seeks ‘to pit the people against parliament’, with the ‘worrying implication that the executive should cut loose’ of the accountability that lies at the heart of our system, in the name of the people. For example, many responses to a recent tweet from former Conservative MP Nick Boles, in which he expressed concern about the government ‘muzzling’ parliament, invoked ‘the will of the 17.4 million’, with some suggesting that the will of MPs no longer matters. Prorogation has been advocated by a number of Brexiteer MPs, to prevent parliament blocking a ‘no deal’ Brexit. However it has been criticised by other prominent Leavers, such as Sir Bernard Jenkin, Chair of the Commons Public Administration and Constitutional Affairs Committee, and Andrea Leadsom, former Leader of the Commons.

2. The power of parliament over government policy

Professor Russell’s previous work has looked at the ways parliament exercises its power, including through select committees and the legislative process. Parliament is more powerful – and exercises that power in more subtle ways – than many often assume. The Brexit process has demonstrated this in a high profile way. A number of established patterns have continued: one is the anticipatory influence that the Commons has on government, such as when Theresa May offered MPs a vote on ‘no deal’ in March to avoid it being forced upon her. In addition, the Commons and the Lords have largely worked together as partners not rivals; the scrutiny role of select committees and the Commons chamber have been shown to play an important role in testing the claims and policies of ministers; and opposition days have been used in a number of ‘imaginative’ ways. Continue reading →

Rethinking democracy: is our democracy fit for purpose?

Posted on June 14, 2019 by The Constitution Unit

On 14 May, the Constitution Unit hosted an event to launch ‘Rethinking Democracy’, which was published by Political Quarterly earlier this year. The collection contains essays from leading academics, in which they explore the problems of representative democracy and suggest ways it might now be extended and deepened. In this blog, Tony Wright, Joni Lovenduski, Andrew Gamble and Albert Weale summarise their contributions to the event.

Tony Wright

Earlier this year, I gave evidence to the House of Commons Liaison Committee (alongside Professor Meg Russell, Director of the Constitution Unit) on the topic of the effectiveness and influence of select committees. At that session, I was asked about the reforms instituted as a result of the recommendations in the 2009 report of the Reform of the House Committee, on which I served as chair. That committee came about because the expenses scandal had spurred me into writing to the Prime Minister, Gordon Brown, in a bid to encourage him to reform parliament in a way that might increase public regard for it, at a time when it was perhaps lower than it had ever been. The reforms made as a result of what is now called the Wright Committee have, I think, proved relatively successful. However, in that same letter I also proposed setting up what I called ‘a democracy commission’ to think through what kind of democracy we now wanted. Part of the problem I wanted that committee to deal with was the fact that people were increasingly disengaged from politics.

Ten years later, it is extraordinary what has happened: we have had democracy by the bucketload, so it’s claimed, and people’s engagement with politics has most definitely increased. But it wasn’t supposed to be quite like this. People like me had spent years looking for ways to replace or improve upon representative democracy, but now events have caused us to come to its defence. This is because this established democratic model is under assault across – and indeed beyond – the western world, and from all directions.

In this country, the 2016 referendum was the spur for this. And the result of that referendum was traumatic not just because we lost the vote, but because we lost the democratic argument. By this, I mean that we lost the argument when it comes to the idea of democracy itself. The Leave campaigns were the ones making the argument for democracy; they made the case for democratic self-government and sovereignty. And that case went unanswered, because instead of making a democratic argument, those campaigning for Remain focused on economics and how we would be ‘better off in’. There was a different argument that could have been made by Remainers, albeit a more complicated one. But it wasn’t made, and because of this, the proponents of a certain view of democracy prevailed. Continue reading →

Should we worry if MPs seize control of the parliamentary agenda?

Posted on January 27, 2019 by The Constitution Unit

Ahead of Tuesday’s votes on Brexit, attention has focused on the rights and wrongs of the House of Commons seeking to ‘seize control’. Meg Russell argues that there’s nothing unusual about a democratic parliament controlling its own procedure and business. Indeed, the core principle of parliamentary sovereignty already gives the Commons control by default.

With stalemate over the Prime Minister’s Brexit deal, rejected dramatically by the House of Commons on 15 January by 432 votes to 202, there is increasing talk of parliament ‘seizing control’. On Tuesday, following the Speaker’s controversial decision to allow a vote on Conservative backbencher Dominic Grieve’s amendment speeding up the timetable, MPs will vote on a series of propositions about what should happen next. These include a further proposal by Grieve that the government’s usual control of the agenda should be set aside on specified days to allow MPs to make decisions on Brexit, and a proposal from Labour’s Yvette Cooper that such control be set aside to allow time to debate a private member’s bill demanding that ministers avoid a no deal Brexit by requesting an extension to Article 50.

Consequently, some inside government have expressed concerns that the Commons, with the Speaker’s assistance, is overreaching itself. It has been reported that an internal government document warns of MPs’ moves ‘represent[ing] a clear and present danger to all government business’, and even meaning that ‘the government would lose its ability to govern’. One senior legal figure (whose career was spent inside the government) has argued that changes of this kind could set dangerous precedents for the future, even potentially dragging the monarch into a constitutional crisis (though other legal experts have firmly rebutted such claims).

So are we entering dangerous constitutional territory? What is, after all, so odd about the idea of a democratically-elected chamber gaining greater control over its own time, and its own rules? Continue reading →

What does the public really think about democracy in Britain?

Posted on June 19, 2014 by The Constitution Unit

New data from the European Social Survey shows that while the British public value democracy many feel the UK government is failing to live up to its democratic ideals. Sarah Butt explores the key findings.

In response to the recent alleged “Trojan Horse” plot to radicalise pupils in Birmingham schools, Education Secretary Michael Gove has called for British values including democracy and the rule of law to be placed at the heart of the National Curriculum. But what does living in a liberal democracy actually involve? And how confident are we that democracy in Britain lives up to these ideals? New findings from the European Social Survey (ESS) provide an in-depth look at how well the British public feel democracy in Britain delivers what they think matters most.

Perhaps unsurprisingly the vast majority of people in Britain think that it is important to live in a country that is governed democratically (average importance rating 8.4 out of 10). However, people are more ambivalent about whether Britain is actually democratic (average importance rating 6.6 out of 10). A significant minority of people (26 %) do not rate Britain above five out of 10 on the democracy scale. There is evidence therefore of a democratic deficit.

High Expectations

The ESS reveals that people have high expectations of democracy. The survey asked respondents to rate how important – on a scale from 0 to 10 – they considered a number of different attributes to be for democracy. Most attributes received an average rating of at least eight out of 10 with people believing that democracy, in addition to guaranteeing free and fair elections and protecting civil liberties, should also protect people against poverty and involve citizens in decision-making.

Continue reading →

MAKING TIME TO REFORM PARLIAMENTARY TIME

Posted on May 14, 2013 by GRxx

14th May 2013

All this talk of draft bills and Loyal Address amendments about an EU referendum raises several vital democratic issues of parliamentary process, not least that of the ways in which MPs, individually or collectively, can initiate debate or legislation on important topics of the moment. At its heart, as always, lurks the core problem of Government control of House of Commons business and time.

Supporters of the ‘conventional wisdom’ parliamentary reform agenda over the last half century have justified the pace and route of reform as being incremental, evolutionary and practical, being the only way to achieve change in the face of the Government’s dominant position in the House of Commons. Those more sceptical may choose to describe it more negatively, as being ad hoc, piecemeal, reactive, incoherent and devoid of any consistent guiding principle.

Some changes come not directly from demands from MPs or even the public, but from the initiative of the Government itself, and these, though dressed up as parliamentary reform to strengthen Parliament, often result in making life easier for Ministers. Richard Crossman in the 1960s said there was a difference between parliamentary reform and modernisation, when he was distinguishing practical updating in infrastructure and facilities from procedural changes. In the modern context, too often ‘modernisation’ has been the catchword for changes which assist the Government, or which can be absorbed by Ministers without serious inconvenience, whereas genuine ‘reform’, to make Parliament itself more powerful and effective, especially in relation to the Executive, has to take a back seat, awaiting Government permission and, worse, facilitation.

So it is with ‘parliamentary time’ and the control and order of business. There have been some changes, especially to the scope for debate not initiated by Ministers, such as Westminster Hall. There has been the innovation of the Backbench Business Committee, but that has been hobbled by the albatross of the Government’s e-petition wheeze around its shoulders. Some ever-optimistic souls are still waiting in hope for the emergence of Government proposals for a ‘House Business Committee’ of some sort, originally promised for this year.

But we also wait in vain for fundamental change to issues like the current antiquated arrangements for backbench legislative initiative. How different would the current ‘discussions’ of EU referendum legislation opportunities be if we didn’t have to rely on the various existing ‘private members bill’ processes, with its random ballot and limited scope for genuine progress of controversial bills, but if there were clear and efficient arrangements for the allocation of time for all types of parliamentary business, including scope for debates and legislative initiative by non-Governmental sources, such as backbenchers – getting rid of the unhelpful term ‘private member’ would be a small but symbolic reform – and committees.

The current confused mess – which may, in many ways, be helpful to Ministers – further undermines the Commons’ reputation with the public as an effective, responsive and accountable representative assembly, able to address coherently important issues of public interest. Time for real, principled and all-embracing reform!

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Tag Archives: representative democracy

Brexit and parliament: an end of term report

Rethinking democracy: is our democracy fit for purpose?

Should we worry if MPs seize control of the parliamentary agenda?

MAKING TIME TO REFORM PARLIAMENTARY TIME

The Constitution Unit Blog

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