Coronavirus and the hybrid parliament: how the government moved the Commons backwards on remote participation

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Image Credit: Return of the House of Commons rehearsal (CC BY 3.0) by UK Parliament

sir_david_natzler.smiling.cropped.3840x1920.jpgIn recent weeks, the government has taken the Commons from an acceptable hybrid system to the current confused regime of limited virtual participation and proxy voting. As David Natzler has outlined in previous posts, during the coronavirus lockdown the Commons moved with surprising speed and unity to create a hybrid parliament in which MPs could participate remotely, with the same speaking and voting rights as members present in the chamber. Here David outlines how the Commons moved so fast and so far backwards on virtual involvement for MPs. 

In this blog I intend to summarise the confusing developments in the past three weeks in the regime for doing parliamentary business in the House of Commons, and to analyse some of the reasons for the almost daily change of regime and the emergence of a new temporary hybrid regime. 

The first regime of virtual participation: 21 April to 20 May

On 21 and 22 April, on its return from the Easter recess, the House agreed to several government motions which established a temporary regime allowing for virtual participation by members in hybrid scrutiny and substantive proceedings, and for remote voting, to endure until 12 May. The regime was founded on a resolution of general principles also agreed on 21 April, including a requirement for parity of treatment between members participating virtually and those participating in person. Virtual select committee proceedings had already been established under a separate and longer-lasting order. On 12 May the House agreed to extend the debating and voting regimes until 20 May. 

Non-renewal of the regime

This regime operated successfully for the best part of a month, until the House rose on 20 May for the Whitsun recess, at which point the detailed operative Orders agreed on 21 and 22 April, but not the resolution setting out the founding principles, lapsed. It became known on 11 and 12 May through the government strategy statement and remarks by the Leader of the House, Jacob Rees-Mogg, that the government had no intention of renewing the regime of virtual participation, on the grounds that it was time for parliament to ‘get back to business’. But the government offered no opportunity over the next few days, before the House rose on 20 May, for the Commons to give its positive assent for letting the regime lapse. Continue reading

Five key questions about coronavirus and devolution

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The coronavirus is a once in a generation event that has required an almost unprecedented response from government at all levels, from Westminster to West Lothian. Akash Paun argues that it has raised five crucial questions about the politics of devolution at a time when efficient and effective intergovernmental relations are crucial. 

Coronavirus has hit all parts of the UK and has required a comprehensive response by government at all levels – central, devolved and local. The crisis has raised (at least!) five big questions about devolution, intergovernmental relations and the politics of the Union:

  • Does the crisis show that the UK and devolved governments can cooperate effectively?
  • To what extent does devolution enable policy divergence between the UK nations?
  • How is the crisis affecting the operation of the devolved institutions themselves?
  • How is the pandemic response being funded – and with what impact on devolution?
  • What might this period mean for wider constitutional debates and the Union?

It is too early to give a definitive answer to any of these questions. But developments over the past few months already point to some preliminary conclusions, as well as identifying important lines of investigation for future research.

The UK and devolved governments can work together – at least in a crisis

One important finding, as the Institute for Government (IfG) recently concluded, is that the UK and devolved governments have shown the ability to work together well at various points over the past three months. Given the many disputes over Brexit, the Union and other matters in recent years, and the underlying weaknesses of the UK’s system of intergovernmental relations, it was far from a foregone conclusion that the different administrations would be able to cooperate at all.

But credit should be given where it is due. In early March, the UK and devolved governments published a joint Coronavirus Action Plan – a rare sighting of a government policy paper that was co-branded by the four administrations. There was close working too on the Coronavirus Act, which was drafted with significant devolved input before being passed at Westminster with devolved consent under the Sewel Convention. And devolved leaders participated in meetings of the COBRA emergency committee throughout this period, helping to ensure that major announcements, not least the imposition of the lockdown in late March, were coordinated between the capitals. Continue reading

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

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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

Building a ‘virtual parliament’: how our democratic institutions can function during the coronavirus

sir_david_natzler.smiling.cropped.3840x1920.jpgSince David Natzler last wrote for this blog on the options available to parliament when it returns this week, the Commons and Lords have been making their arrangements for a ‘virtual parliament’. In this post, David discusses the plans put forward so far and the obstacles to their implementation. He argues that the most difficult question, if a virtual parliament is approved, is how MPs and peers will vote.

In the first part of this blog I want to record three particular aspects of the way in which proposals for virtual parliamentary sittings have developed since my blog of Sunday 5 April. In the second part, I look ahead at likely and desirable outcomes. I conclude with some further thoughts on voting.  

The expanded role of the House of Commons Commission

The House of Commons Commission held virtual meetings on Monday 6 and Thursday 16 April. At its 6 April meeting it warned that any special arrangements for the House’s return on 21 April would need to start in the preceding week. At its 16 April meeting the Commission endorsed plans for the use of Zoom to allow up to 120 members to take part in interrogatory virtual proceedings, and for up to 50 members to take part in the Chamber. This hybrid arrangement will need the approval of the House on 21 April.

The Commission is a statutory body which employs the staff of the House and oversees its expenditure. Its assent is required for new services, including digital services and equipment, such as new screens for the Commons chamber or new software. It has no authority to determine how the proceedings of the House should be conducted. But it fills a vacuum in the House of Commons, bringing together for formal decision making the Speaker, who chairs the Commission, the Leader of the House, the Shadow Leader of the House and a senior SNP member, Pete Wishart. These members can be expected to represent their parties, so if the Commission is willing to fund and support the preparatory work for a scheme of virtual participation, and set out in considerable detail how it should work in practice, then it must be assumed that the party leaders support it, at least in outline. As the Clerk of the House and the Director General are also members of the Commission, its proposals can be expected to be capable of implementation. To that extent the Commission has been acting as a substitute for what is missing at Westminster, a House Business Committee or Bureau, as is common in many parliaments and was recommended by the Wright Committee in 2009. Continue reading

Lords reform is back on the agenda: what are the options?

meg_russell_2000x2500.jpgSince December’s general election, proposals for Lords reform have abounded – emerging from both government briefings, and proposals floated during Labour’s leadership contest. Meg Russell, a well-established expert on Lords reform, reviews the wide variety of options floated, their past history, and their likelihood of success – before the topic may get referred to the government’s proposed Constitution, Democracy and Human Rights Commission.

Reform of the House of Lords is a perennial in British politics. Elections come and go, political parties often make promises to reform the Lords, and generally political obstacles of various kinds – or simply just other political priorities – get in the way. As indicated below, and chronicled in my 2013 book The Contemporary House of Lords, some proposals still under discussion have been mooted for literally hundreds of years. Occasionally breakthroughs occur: significant reforms included the Parliament Acts 1911 and 1949 (which altered the chamber’s powers), the Life Peerages Act 1958 (which began moving it away from being an overwhelmingly hereditary chamber), and the House of Lords Act 1999 (which greatly accelerated that process, removing most remaining hereditary peers). Since this last reform there have been numerous proposals, through government white papers, parliamentary committee reports and even a Royal Commission (which reported in 2000), but little actual reform. The last major government bill on Lords reform — abandoned in 2012 — was under the Conservative-Liberal Democrat coalition. Its sponsor, Deputy Prime Minister Nick Clegg, no doubt came to agree with renowned constitutional historian Lord (Peter) Hennessy, who has dubbed Lords reform the ‘Bermuda Triangle of British politics’.

Nonetheless, following December’s general election the topic is firmly back on the agenda. The Conservative manifesto flagged it as a possible matter for discussion by the promised Commission on the Constitution, Democracy and Human Rights (which is yet to be established). Various proposals from the government side have been floated in the media – the most eye-catching perhaps being a suggestion that the House of Lords might move to York. Meanwhile, other Lords reform ideas have featured in debates during the Labour Party leadership (and deputy leadership) contest. As often occurs, the topic has also been made salient by concerns about new appointments to the chamber. Continue reading

The history behind Nicola Sturgeon’s call for a Claim of Right for Scotland

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Nicola Sturgeon has stated her intention to endorse a modern Claim of Right for Scotland, but there has been little discussion about the 1988 Claim that is the precedent for her new proposal. David Torrance describes the Claim’s history, and argues that it has meant different things at different times to various people.

Speaking in Edinburgh last week, First Minister Nicola Sturgeon said she intended to invite Scotland’s ‘elected representatives’ to ‘come together to endorse a modern Claim of Right for Scotland through a new Constitutional Convention’ to:

‘declare that it is for the Scottish Parliament to decide whether and when there should be an independence choice and build support for that principle amongst civic Scotland.’

The First Minister was referring to the 1988/89 Claim of Right, which argued for a Scottish Constitutional Convention. That Claim is much cited but little studied. This blog will look at three different uses of the Claim: devolutionist, nationalist and the ‘right to choose’.

Origins and publication

The impetus for the Claim of Right was the 1987 general election. The Campaign for a Scottish Assembly established a Constitutional Steering Committee (CSC) of ‘prominent Scots’ to make practical recommendations on persuading the UK government to devolve power. The idea of a 1689-like Claim probably came from a fringe group called ‘Scotland-UN’, which had submitted Scotland’s Claim of Right to Self-Determination to the United Nations in 1980.

Sir Robert Grieve, an eminent planner, led the cross-party CSC, which included Una Mackintosh (widow of the Labour MP and devolutionist John P Mackintosh), Judy Steel (a Liberal) and three prominent SNP figures: Isobel Lindsay, Neil MacCormick and Paul Henderson Scott. It was drafted by a retired civil servant called Jim Ross. Professor James Kellas called them ‘worthy Scots from the middle-class professions’.

Henderson Scott believed the final CSC report ‘was closer to the views of the SNP than of Labour’, with its talk of the Union as ‘a glaring anomaly’ and ‘a threat to the survival of a distinctive culture in Scotland’. Yet as the cultural historian Scott Hames has observed, the Claim ‘veers away from the consequences of its central argument’ and instead urges the creation of a constitutional convention ‘to draw up a scheme for a Scottish Assembly’. Continue reading

Do we need a written constitution?

image1.000.jpgPrior to the general election, several of the parties’ manifestos called for the creation of a codified constitution for the UK. In December, the Constitution Unit hosted an event to debate the merits and downsides of such an exercise. Harrison Shaylor summarises the discussion.

What did the 2019 Liberal Democrat election manifesto and the Brexit Party’s ‘Contract with the People’ (from the same election) have in common? Both advocate the need for a written constitution in the UK. So too did the Green Party manifesto, and that of the Alliance Party of Northern Ireland. Meg Russell took part in a discussion on a written constitution in The Briefing Room on Radio 4 in September, and on 28 November, the Constitution Unit held its own event entitled ‘Do we need a written constitution?’. Two distinguished law professors – Sionaidh Douglas-Scott of Queen Mary University of London and Nicholas Barber of the University of Oxford – set out the case for and against a written constitution, in a debate chaired by a former Unit Director, Professor Robert Hazell. What follows is a summary of the presentations made by each participant. 

The argument for a written constitution: Sionaidh Douglas-Scott

‘Someone, I haven’t been able to trace whom, once said: Constitution building is a bit like dentistry: there’s never a good time for it; no one does it for fun; but it’s sometimes necessary and, when it’s done right, it prevents greater pain in the future.’

Professor Douglas-Scott explained that a constitution delineates the relationships between the major institutions of state, such as the executive and the legislature, as well as between the state and its citizens. More abstractly, a constitution says something about legitimacy and power. How does the state exercise power? And when is it legitimate for it do so?

The UK is unusual in not having a written constitution, in the sense of not having the fundamental rules of the constitution codified in a single document. It is one of only a few democracies in the world which lacks one, alongside Israel and New Zealand. The reason for this is historical. Since 1688, Britain has not experienced a revolution or regime change – a ‘constitutional moment’ – like the American or the French Revolution, or the withdrawal of colonial rule. Rather, Britain’s constitution has evolved slowly over time under relative stability; it has never been deemed necessary to list the fundamental laws and principles underpinning the country’s polity. As the Constitution Unit website states: ‘What Britain has instead is an accumulation of various statutes, conventions, judicial decisions and treaties which collectively can be referred to as the British Constitution.’

This arrangement, Professor Douglas-Scott argued, is no longer adequate. The current constitution is deficient for three reasons: its lack of clarity; its failure to properly protect fundamental rights; and the inadequacy of the current devolution settlement. Continue reading

What does the election result mean for territorial representation in the House of Commons?

jack_sheldon.1We have a new parliament, a new majority government and a significant number of new MPs. As Jack Sheldon explains, the distribution of MPs by party is not even across the UK, which could have a significant impact on how the Commons handles key matters related to Brexit and the devolved administrations. 

The general election result has underlined that there are substantially different patterns of electoral competition in each of the four territories that comprise the United Kingdom. For the third consecutive election, a different party secured the most seats and votes in each of England, Scotland, Wales and Northern Ireland. Moreover, the large majority secured by Boris Johnson’s Conservatives relied overwhelmingly on an exceptionally strong performance in England – of the 365 seats won by the Conservatives, 345 are in England.

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The territorial divergence that the UK’s politics has experienced over recent decades has important implications not just for election outcomes, but for the substantive activity of representation performed by MPs in the House of Commons. MPs often seek to act as ‘territorial representatives’, focusing on the specific concerns of their nation or region. This has not so far received much attention from academics, a gap which my PhD project is seeking to fill by examining the parliamentary behaviour of MPs from Scotland, Wales, Northern Ireland and two English counties, Cornwall and Yorkshire, between 1992 and 2019. Early findings suggest that substantive territorial representation is particularly prevalent among members of nationalist parties and other parties that run candidates only in one territory, but that it is also a relatively common feature of the parliamentary contributions of many members of the UK-wide parties, at least in more recent parliaments. It can take various forms including representation of the material interests, public opinion and culture and/or identity of the territory in question, or of sub-state political institutions. With crucial questions pertaining to the future of the Union set to be up for discussion, how can we expect MPs from the different parts of the UK to go about representing their territories in the new parliament?

England 

Despite being drawn so overwhelmingly from English constituencies, there are few indications that the enlarged group of Conservative MPs will explicitly focus on England as a unit. While the Conservatives introduced English votes for English laws in 2015 and some prominent Conservative MPs have called for an English Parliament in the past, the ‘West Lothian question’ has slipped down the political agenda over the past few years as Brexit has emerged as the dominant issue for the right. That seems unlikely to change now, despite some interest from external commentators such as Nick Timothy, Theresa May’s former special adviser. Conservative interest in the constitutional English question was always motivatived to a significant extent by concern that a Labour-led government might be able to force through policies applying only to England even though a majority of English MPs were opposed, as happened on a few occasions in the New Labour years. With the Conservatives now having a large majority overall, the political incentive to focus on the English question just isn’t there at the moment. Continue reading

The rules of the election campaign: problems and potential solutions

alan.jfif (1)The election campaign that concluded last week was often a depressing sight for democrats, with rampant misinformation and occasional threats against institutions that try to foster better debate. In this post Alan Renwick identifies key problems and assesses four possible solutions. Given the prevailing political environment, he concludes, a concerted effort from parliamentarians, broadcasters, and others will be needed to carry the case for positive reforms forward. 

Electoral law in the UK urgently requires reform. This has been the unanimous conclusion of a slew of recent reports from respected organisations – including the Electoral Commission, Association of Electoral Administrators, and the Digital, Culture, Media and Sport and Public Administration and Constitutional Affairs committees in the House of Commons. Michela Palese and I also argued the case in a report earlier this year. Many aspects need attention. Some are drily technical: our complex and often opaque election rules badly need basic consolidation, simplification, and clarification. Others get to the heart of the kind of democracy we want to live in. Campaigning has been transformed by the digital communications revolution, but the rules have utterly failed to catch up.

This post focuses on campaign conduct. It begins by briefly reviewing problems during the 2019 election before focusing on four possible solutions. Finally, it considers the prospects for serious reform.

The conduct of the campaign

The shift to online campaigning continued apace. According to Facebook’s data, the three main parties’ central organisations alone spent £3.5 million on advertising on the site in the 12 months preceding the election, the great bulk of it coming during the campaign period. Each party posted thousands of separate ads, often targeted at very small numbers of voters. Local parties and other campaign groups also weighed in strongly. It will take considerable time for detailed analysis of all this material to be completed.

Misinformation was rampant throughout the campaign, from all sides. Boris Johnson’s core promise to ‘get Brexit done’ by 31 January 2020 was well known to be a gross simplification, while Conservative promises on new hospitals and extra nurses were found wanting. So were Labour’s claims that 95% of people would pay no extra tax under its plans and that the average family would save over £6,000. The Liberal Democrats were criticised most for misleading bar charts and sometimes manifestly false claims about their own electoral prospects.  Continue reading