Electing a new Speaker: what happens next?

download.1.jpg (1)After over ten years as Speaker, John Bercow has announced his intention to stand down at the end of October. As for who will replace him, that is unclear and will be decided by an election amongst MPs, several of whom have already declared their candidacy. But how does that election work? Mark Bennister offers a guide to the process. 

During yet another dramatic day in the House of Commons on Monday 9 September, the Commons Speaker John Bercow announced he would be stepping down either ’when this Parliament ends’ (if the Commons voted for an early election) or on 31 October. As the motion for an early election under the Fixed-term Parliaments Act did not secure the required two-thirds majority, this means he will be in the Chair for some further drama until the end of October.

On 22 June 2019, John Bercow marked his tenth anniversary as Commons Speaker. He was the first Speaker to be elected under the new system of secret ballots (SO No. 1B). He is the longest serving Commons Speaker since Edward Fitzroy, who died in office in 1943, having served since 1928. John Bercow is therefore the longest serving post-war Speaker. He had at one point let it be known that he would serve no more than 9 years, however the snap election in 2017 and the aftermath of the EU referendum led to considerable speculation that he would alter his position and continue as Speaker for the full parliamentary term.

Despite publicly stating that parliament would be the first to hear of his intention to step down, expectation had mounted that his retirement was imminent. In October 2018, in the wake of the Cox report into harassment and bullying of House of Commons staff (in which he was personally criticised), there were reports suggesting that he would step down in June or July 2019. However, this prediction was proven wrong in May, when he said in a speech that he had no intention of departing in the immediate future. The prospect of an early election this autumn and reports that the Conservatives would field a candidate against him if he stood again in his Buckingham constituency may have prompted the decision to leave next month. He therefore chose to seize the opportunity before this most unusual prorogation and retire on his own terms. Continue reading

This prorogation is improper: the government should reverse it

meg_russell_2000x2500.jpgalan.jfif (1)professor_hazell_2000x2500_1.jpgBoris Johnson’s prorogation announcement has generated widespread criticism, and will be hotly debated when MPs return today from their summer break. Meg Russell, Alan Renwick and Robert Hazell argue that the decision to suspend parliament for five weeks was an improper use of executive power, sets dangerous precedents, and undermines fundamental principles of our constitution. It should therefore not proceed. MPs may seek to block it, and so may the courts, but the preferable route would be for the government to recognise its mistake and reverse it.

MPs return to Westminster today after the five-week summer recess in deeply unusual and worrying circumstances. Last week Prime Minister Boris Johnson, who has faced just one day of parliamentary scrutiny since taking office on 24 July, triggered a prorogation of parliament, set to last another five weeks. Particularly given the Brexit deadline of 31 October, this has caused widespread consternation: among opposition parties, senior Conservatives (such as former Prime Minister Sir John Major, and Lord Young of Cookham who served for 24 of the last 40 years on the frontbench under a succession of Conservative leaders), plus constitutional experts, and the wider public. MPs must now decide how to respond, and meanwhile the action is being challenged in the courts. In this piece we argue that the prorogation was improper, that it sets dangerous precedents, that it is contrary to our constitutional traditions, and that there is still time for the government to defuse the crisis by reversing it.

The rights and wrongs of prorogation

At one level, parliamentary prorogation is entirely uncontroversial. By routine, a short prorogation usually occurs each year between the end of one parliamentary session and the start of the next – ahead of a new Queen’s speech. In addition, a short prorogation often occurs before parliament is dissolved for a general election, in order to regulate the timing and ensure that election day takes place on a Thursday. The recent practice and procedure of prorogation is set out clearly in an excellent briefing from the House of Commons Library.

Discussion of potentially more sinister uses of prorogation began during the Conservative leadership contest, when Dominic Raab (now Foreign Secretary) refused to rule out proroguing parliament to force through a ‘no deal’ Brexit in the face of opposition by MPs. This was roundly condemned by others in the race at the time: being described by Sajid Javid (now Chancellor of the Exchequer) as ‘trashing democracy’, and Michael Gove (now effective Deputy Prime Minister) as ‘a terrible thing’. Andrea Leadsom (now Secretary of State for Business, Energy and Industrial Strategy) commented that ‘I don’t think prorogation is the right thing to do and I don’t think that a Prime Minister would choose to do that’.

Following Johnson’s prorogation announcement, ministers have instead suggested that this is absolutely standard procedure. On Thursday’s Today programme, the Leader of the House of Commons, Jacob Rees-Mogg, claimed that it was more or less what happened every year, and that it was ‘because of the 3 ½ weeks of conference recess [that] it is five weeks in total’. Hence Rees-Mogg accused critics of the move of expressing ‘confected anger’.

But such suggestions of normality are disingenuous, seeking to exploit public confusion between the different means by which it can be decided that the Commons will not sit. It is important to distinguish between the following three things:

Prorogation brings all parliamentary business to a complete stop. Unless rescued by a government motion, bills that are before parliament fall and must start their passage again. Importantly, the decision to prorogue lies wholly in the hands of the government – through issuing advice to the Queen, which she is duty bound to accept. Usually a prorogation lasts for just a few days. Research by the House of Lords Library shows that a five-week prorogation will be the longest since 1930.  

Parliamentary recess is very different. Recess occurs periodically throughout the year, to accommodate holidays and, usually, a break for the party conferences. However, the decision to adjourn for recess lies with MPs. The motion for the 2019 conference recess had not yet been laid, and the looming Brexit deadline meant that there was increasing pressure from MPs to cancel or cut this recess short. Crucially, it is also possible for some parliamentary business – such as meetings of select committees – to continue during recess, and the progress of bills is not halted.

Dissolution of parliament in contrast occurs before a general election. Under the Fixed-term Parliaments Act, the decision to dissolve parliament again lies with MPs themselves – and is taken by a parliamentary vote. Dissolution does not simply suspend parliament: as the name suggests, it dissolves parliament in preparation for the creation of a new one through a general election.

Hence either recess or dissolution, sometimes combined with a short prorogation, frequently result in parliamentary breaks which last a number of weeks. But in both of these cases MPs take the decision to break themselves. Had ministers genuinely wanted to hold a ‘routine’ prorogation to facilitate a Queen’s speech, as they claim, they could easily have proposed one lasting a few days, and left the decision to MPs regarding whether to take the conference recess. Instead, they have proposed the longest prorogation for 90 years, using executive power to shut down parliament in the midst of a crisis – seemingly to avoid the risk that MPs would veto the conference recess, and perhaps use the time available defeat the government on other things. As suggested in the previous comments of Conservative leadership contenders, that represents an improper use of executive power. Continue reading

Looking forward, looking back: an evening with Sir David Natzler

IMG.2771On 19 March, the Unit held an event: ‘Challenges for Parliament: Looking Back, Looking Forward’, at which Sir David Natzler – who retired as Clerk of the House of Commons in February – spoke to Professor Meg Russell about his 40-year career in parliament. The discussion was both entertaining and informative; Dave Busfield-Birch summarises the key points.

Early days

Sir David first started working in the House of Commons in 1975, at what he called an ‘exciting time’, just two years after the UK had joined what was then known as the European Communities. His first assignment was as clerk to the European Legislation Committee, which was facing the novel challenge of sifting through the legislation passed by an unelected Council of Ministers sitting in the capital city of another country, and recommending which measures should be debated.

Parliament was unsurprisingly a very different place in the early years of Sir David’s Commons career. Talking of the key differences, he first spoke of how ‘expectations’ had changed significantly since then. For example, there were no limits on how long a Member could speak in those days. Whereas the Speaker (or one of the Deputy Speakers) can now impose relatively short time limits for MPs wishing to speak, that was not the case in 1975. Sir David considered this ‘almost one of the biggest changes’ of the past two or three centuries; that speaking for a long time can no longer be used to ‘destroy business’.

One of the other key differences between then and now is that the House of Commons lacked fiscal independence when he first started working there. It was instead reliant on the government for finance, thereby limiting its ability to take crucial decisions such as whether or not to recruit more staff. The Treasury hence had control of the Commons until the establishment of the House of Commons Commission in 1978, at which point the Commons became fiscally independent. Continue reading

Farewell to the Commons: Reflections on parliamentary change over 40 years

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On 4 March Jack Straw and Sir George Young spoke at a Constitution Unit valedictory event where they considered how parliament has changed since the 1970s. Sam Sharp offers an overview of the discussion.

Jack Straw and Sir George Young have 77 years of parliamentary experience between them – Straw was first elected in 1979, and Young in 1974. With both set to retire in May, they reflected on how parliament has changed since they joined in the seventies. The event was chaired by Tony Wright, while Meg Russell provided a ‘myth busting’ role. Both speakers described a parliament that has changed for the better, in both its culture and efficiency.

For Jack Straw one of the biggest changes has been in the atmosphere of the House of Commons. He remembered previously having to ‘swim through thick clouds of smoke’, with the chamber itself being the only complete escape. Alcohol abuse was also prevalent and Tony Wright recalled actually once carrying a passed out member through the division lobby. In general, parliament was very white and male with a Gentleman’s Club culture and the few women present were very much made to feel like outsiders. Straw argued that the change in the gender balance, although ‘not far enough’, has ‘actually changed how the House feels’.

Continue reading