Is there an app for that? Voter information in the event of a snap election

juxZ1M58_400x400.jpg.pngDigital technology has transformed the way we access information and interact with services. Democratic services have not kept up, risking a situation where democracy is seen as out of date. Joe Mitchell argues that it’s time to dream big: the UK has an opportunity to create a new digital-first office of civic education and democratic information, to restore trust and grow public understanding of our democracy.

What’s the biggest threat to democracy in the UK? Interference by foreign powers? Disinformation? Fake news? Micro-targeting of voters on social media? Or is it more simple than that? Is itt is just that engaging in the democratic process no longer fits with people’s lives? 

Digital technology has transformed the way we live. It has changed our expectations of how we access information, how we communicate, how we bank, shop or access government services. It should not surprise us then, to learn that people expect to access information on the democratic process digitally. For example, Google News Trends published the top ten searches on Google UK on the day of the 2015 general election; these all related to the election. The most popular question was ‘who should I vote for’ — a genuinely complex question, but the following searches were straightforward: variations on the theme of ‘who are the candidates’ and ‘where do I vote’. 

Worryingly, the democratic process has been left behind by digital transformation. A gulf has emerged between the way we live our lives now and the way we participate in democracy: it can feel like something from a bygone age. Notices of elections are posted to a noticeboard in front of a council building and (not even in all cases) uploaded as a PDF to a webpage buried in a council website somewhere. While the digital register-to-vote service is welcome, no state institution has taken responsibility for meeting the digital demand for even the most basic information: when are elections happening, who is standing, what was the result? How to vote is covered by the Electoral Commission’s website, but with research on voter ID showing that only 8% of voters know the voting rules, clearly not enough is being done.  Continue reading

Holding a Queen’s Speech in October risks heaping more embarrassment on the Queen

professor_hazell_2000x2500_1.jpgAfter its first attempt at proroguing parliament was found to be unlawful by a unanimous Supreme Court, the government now seems set on a shorter prorogation, to be followed by a Queen’s Speech. Robert Hazell argues that a Queen’s Speech is not just unnecessary, it is also undesirable if the government wants an early election.

In the past couple of weeks the Queen has been wrong-footed by two of her Prime Ministers. On 19 September there was the disclosure by David Cameron in his memoirs that he had sought the Queen’s help when he feared the Scottish independence referendum might be lost. And on 24 September the Supreme Court delivered its judgment declaring that Boris Johnson’s advice to the Queen to prorogue parliament for five weeks had been unlawful. It followed that the Order made by the Queen in Council to prorogue parliament was itself unlawful, null and void. 

Buckingham Palace indicated its ‘displeasure’ at the first episode. On the second, the Palace has maintained a dignified silence; but it is said that when Boris Johnson phoned the Queen upon his early return from New York, he apologised for giving her unlawful advice. Although that in itself provoked a constitutional thunderclap, there may be even bigger thunder clouds to come if Johnson persists with his plans for a Queen’s Speech in mid-October, while also calling for early elections.

Few commentators have remarked on this, but there is an inherent contradiction between these two objectives. A Queen’s Speech usually follows an election, rather than preceding one. If it is delivered in mid-October, and is swiftly followed by an election in November, then the Queen’s Speech will be not so much the government announcing the legislative programme for the next session, but more of an election manifesto. The Queen will have been used to make a Conservative party political broadcast.  Continue reading

If there is a snap election, what can we do to improve the campaign?

JennyH.picture.jpgA snap election looks highly likely in the coming months. The UK’s rules for election campaigns have widely been branded as ‘not fit for purpose’, yet they will not be changed in time for an early poll. The Constitution Unit therefore convened a seminar to examine what else can be done. Jenny Holloway summarises the discussion.

The Constitution Unit held a seminar on 12 September asking ‘If there is a snap election, what can we do to improve the campaign?’ Focusing on ways both to tackle misinformation and to promote greater availability of good information, the event brought together four leading authorities in their respective fields: Dorothy Byrne, Head of News and Current Affairs at Channel 4; Ed Humpherson, Director General for Regulation at the UK Statistics Authority; Joe Mitchell, director of Democracy Club; and Will Moy, Chief Executive of Full Fact. It drew on many of the themes addressed in the Unit’s March 2019 report Doing Democracy Better, co-authored by Alan Renwick and Michela Palese. Given that changes to the legislative framework for election campaigns will not happen before a snap election, it focused particularly on strategies for improving the campaign within existing rules.

Dorothy Byrne

Building on her recent McTaggart Lecture, Dorothy Byrne argued that politicians and journalists both have crucial roles to play in improving the state of democracy and increasing public trust in politics. Politicians must be willing to submit themselves to scrutiny through the media. Broadcasters have a responsibility to actively call out lies and untruthful statements made by politicians. Continue reading

In defence of the Fixed-term Parliaments Act

The Fixed-term Parliaments Act has come in for a lot of criticism of late, but is it as badly designed and drafted as some commentators would have us believe? The House of Lords Constitution Committee recently commenced an inquiry into the effectiveness of the Act to seek answers to this question. Robert Hazell was one of the first witnesses to give oral evidence to the Committee, and in this blog , written with Nabila Roukhamieh-McKinna, he explains the background to the inquiry, and some of the key issues being addressed.

Background

With perfect timing, the House of Lords Constitution Committee announced on 25 July, the day after Boris Johnson became Prime Minister, that they planned to conduct an inquiry into the Fixed-term Parliaments Act 2011 (FTPA). With even more exquisite timing, the Committee held their first evidence session on 4 September, the day that Johnson tried but failed to persuade the House of Commons to vote for an early general election under section 2(1) of the Act. Robert Hazell gave evidence in that first session on 4 September, supported by Nabila Roukhamieh-McKinna.

The FTPA attracted some controversy when it was passed, and contains a provision for a statutory review after ten years. Section 7 requires the Prime Minister to arrange next year for a committee to carry out a review, with a majority of its members being from the House of Commons. The current inquiry can be seen as the Lords gearing up for the statutory review.

The FTPA has been strongly criticised, and blamed for the deadlock in parliament, where the government remains in office but cannot deliver on its flagship policy. This is largely due to the Act’s stipulation that the support of two-thirds of MPs is required for an early dissolution. Formerly, the Prime Minister could make an issue a matter of confidence, such that its defeat would automatically trigger a general election. Professor Vernon Bogdanor laments this undermining of prime ministerial power, arguing that Theresa May was unable to threaten the Commons with dissolution, unlike Edward Heath in 1972 with the European Communities Bill.

Conversely, Sir Bernard Jenkin MP has accused the drafters of the FTPA of strengthening the Prime Minister. He refers specifically to the ambiguity about the 14-day period after the government loses a vote of no confidence, during which there is no requirement for the Prime Minister to resign. Similarly, Catherine Haddon writes that the Act has ‘done little but to frustrate and confuse,’ given its silence on what should happen during the 14 day period. Such criticisms are not new. In a debate in 2014 Sir Edward Leigh MP argued for its repeal, and Lord Grocott and Lord Desai have both introduced bills providing for such an outcome.

This rush to judgement seems premature, with only limited experience so far of the FTPA. It is also insular. Fixed terms tend to be the norm, in Europe and the Westminster world, and there are lessons to be learned from their experience. Robert Hazell’s written submission to the Lords Constitution Committee summarised the main lessons to be learned from overseas, drawing on the Constitution Unit’s detailed report on Fixed Term Parliaments published in 2010. This blog starts with a summary of the arguments for and against fixed terms, before addressing the main concerns raised about the FTPA. Continue reading

Article 50 and a Brexit general election: the problem of political time

wager.150x150Given the political divisions over the government’s Brexit strategy and the state of the Article 50 negotiations, speculation about a general election has increased in recent weeks. Alan Wager analyses the scenarios that could lead to a fourth parliament in as many years, and how the current timeframe imposed by Article 50 and the Withdrawal Act might complicate matters.

How will the current Brexit impasse be broken? If the government can’t get its Brexit deal through parliament, there are two potential ways of getting through the deadlock: a referendum, or a general election.

The Constitution Unit’s recent report, The Mechanics of a Further Referendum on Brexit, set out two sets of obstacles standing in the way of a Brexit referendum: problems of political will, and issues of political timing. It convincingly showed that issues of timing were far from insurmountable, but would likely require an extension of the Article 50 process. To make that extension a viable prospect, and for parliament to support a referendum, will in turn require significant political will.

The path to a referendum is fraught, but the route to a general election is no less difficult to map out. Westminster is quickly getting to grips with the Fixed-term Parliaments Act 2011  (FTPA), a piece of legislation which many wrote off as dead following Theresa May’s successful snap election in 2017. Stated simply, there are two ways parliamentary gridlock could lead to a general election. Firstly, the government could, as Theresa May did in April 2016, seek the approval of 434 MPs in the House of Commons to trigger an election. Secondly, if the Prime Minister lost a vote of confidence in the Commons by a simple majority, and no majority could be found in parliament for a new government after two weeks, then a general election would be the result.

These procedural hurdles are forbidding, but far from insurmountable. Labour would undoubtedly support Theresa May in parliament if she called a general election. It is hard to see the circumstances where the Prime Minister would wish to risk seeking the support of 434 MPs to trigger a general election. It is less difficult to imagine a new Conservative leader, if May lost a leadership election, doing so in order to gain a mandate. The second path, losing a confidence vote, would require some Conservative MPs to vote against their own government in parliament. This would, in short, require a fracture in the party system. Continue reading