Tag Archives: statutory instruments

The marginalisation of the House of Commons under Covid has been shocking; a year on, parliament’s role must urgently be restored

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A year ago today, the House of Commons returned from Easter transformed by Covid. Since then, accountability for far-reaching government policy and spending has often been limited, many MPs have been excluded from key virtual proceedings, and whips now hold over 500 proxy votes. Meg Russell, Ruth Fox, Ronan Cormacain and Joe Tomlinson argue that the combined effect in terms of parliament’s marginalisation has been shocking, and that there are risks of government becoming too comfortable with decision-making which evades proper parliamentary scrutiny. One year on, more robust parliamentary accountability must urgently be restored.

A year ago today, the House of Commons returned to business transformed by Covid. Since March 2020, the public has lived under some of the UK’s most restrictive peacetime laws, and to support the economy public money has been spent on a vast scale. Yet parliamentary accountability for, and control over, these decisions has diminished to a degree that would have been unthinkable prior to the pandemic. One year on, with lockdown easing, the restoration of parliamentary control and functioning is now an urgent priority.

This post highlights five ways in which the government’s approach to the House of Commons during Covid has marginalised MPs. In a parliamentary democracy, government accountability to parliament is a core constitutional principle. But in a national emergency, when time for normal process is short, the gravity of the situation can require that parliamentary scrutiny be temporarily sacrificed in exchange for broader accountability. Yet the government has failed to keep its side of the bargain. Too frequently, announcements have been made at press conferences, or briefed privately to the media, rather than presented for democratic scrutiny and questioning by MPs. Ministers have sought extraordinary powers while consistently excluding both the House of Commons as a whole, and certain MPs, from participating in proper oversight.

In the early days of the pandemic necessity arguably justified this approach. But a year on, a real risk exists of damaging precedents being set. This is magnified by the fact that some recent developments have accelerated negative trends predating the pandemic. Unless MPs collectively take a stand against parliament’s continued marginalisation by ministers, what was once extraordinary risks becoming the norm.

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Wales has put effective legislation in place to make the Senedd polls COVID-safe

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For the sixth time since devolution in 1999, voters in Wales have the opportunity to participate in a Wales-wide election, with all 60 seats of the Welsh Parliament in play. Elections across the UK were postponed last May due to COVID-19, but the ones set for this spring look like they will go ahead. Toby James and Alistair Clark argue that Wales has taken significant steps to ensure that voters are able to participate in a safe and fair election.

To postpone or not to postpone? That has been the question facing elections scheduled for May across the UK. All of these contests are important, but those being held in Wales have a special importance for Welsh citizens. They will have the opportunity to elect all 60 members to the Senedd Cymru (Welsh Parliament). It will be the sixth general election since devolution in 1999 – but the first time that 16- and 17-year-olds will be able to take part.

The pandemic, however, has led to arguments about whether elections should be postponed. There is a health argument for postponement. Restrictions have been put on many aspects of life in order to prevent the spread of the virus. But the quality of the election can also be compromised by the pandemic. Restrictions on campaigning might be in place, such as bans on leafleting, which smaller parties have complained are unfair on them. So what should be done?

The evidence from around the world

As part of an ESRC-funded research project, we have been tracking how elections have been run around the world since the pandemic began, in collaboration with International IDEA and the Electoral Integrity Project. We have published case studies that have described the experience on the ground, alongside data on the measures put in place to make elections COVID-safe.

Many countries did postpone for a while. Elections have been postponed in at least 75 countries since last February. But at the same time, over 100 eventually held their contests. Proposals to postpone elections are at first glance associated with undermining the democratic process and denying citizens their right to vote. Postponements, as was shown in a recent article in Election Law Journal, are not all just power grabs by would-be dictators or incumbent governments. They can be for multiple different reasons, and there is a humanitarian case for postponement where there is a threat to human life. 

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Boris Johnson and parliament: an unhappy tale in 13 acts

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meg_russell_2000x2500.jpgParliament returns from its summer break today. During Boris Johnson’s 13 months in office as Prime Minister his relationship with parliament has often been rocky. In this post, Unit Director Meg Russell reviews 13 episodes during these 13 months which illustrate Johnson’s difficult relationship with parliament. His Number 10 has often resisted parliamentary oversight, and faced down significant parliamentary opposition – including from his own backbenchers. With growing indications of backbench discontent, she explores the dangers of this situation.

As the Commons reassembles today, it’s a good moment to reflect on the relationship between Boris Johnson’s government and parliament so far. Johnson has now held office for just over a year, and rumours are emerging of significant discontent on the Conservative backbenches. From the outset, Johnson’s relationship with parliament has been beset with controversy. As he enters his second parliamentary year, what have been the key flashpoints, and what do they add up to collectively?

This post looks back at 13 episodes in the past 13 months, before reflecting on what they teach us, and what the future may hold. It suggests that while existing flashpoints have resulted from Number 10’s bold assertions of executive power, there are risks for Johnson that the tables could soon start to be turned.

1. The first day: two hours of scrutiny before recess

Boris Johnson became Prime Minister on the afternoon of 24 July 2019, following his victory in the Conservative leadership contest. On that day, Theresa May took her final Prime Minister’s Questions. Johnson thus had just one day to face parliament, which was about to break for its summer recess. The hot topic was Brexit; May had been forced out after failing to gain adequate support from her own MPs for her Brexit deal, which was defeated three times in the Commons between January and March. Johnson had been among those voting against it. The big question was how he could succeed where Theresa May had failed. On 25 July there was a brief potential window for MPs to quiz him on his Brexit strategy. But he chose instead to make a far more general statement on ‘priorities for government’. After two hours of questions ranging across all policy topics, the Commons moved to adjourn until September. An attempt by MPs to delay adjournment had failed, as did a later attempt to recall parliament over the summer to discuss progress on Brexit. Recall is impossible without the agreement of the government. Continue reading →

Proposals for a ‘virtual parliament’: how should parliamentary procedure and practices adapt during the coronavirus pandemic?

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RuthFox.084_square.1.jpgmeg_russell_2000x2500.jpgParliamentary scrutiny is essential to checking and legitimising government decisions. But the coronavirus crisis, during which government has been granted unprecedented powers, creates obvious challenges for parliament. Ruth Fox and Meg Russell argue that parliamentary change during the crisis must follow three core principles: first, parliament should go virtual insofar as possible; second, it should adapt its procedures accordingly, prioritising the most critical business; third, decisions about these changes should be open and consultative — to avoid the risk of a government power grab — should be strictly time-limited, and be kept under regular review.

Parliament has an essential role as the guardian of our democracy. But the coronavirus pandemic poses a huge and unprecedented challenge: how can parliamentarians conduct their core constitutional duties of holding the government to account, assenting to finance, passing legislation, and representing their constituents, when we are all required to adopt rigorous social distancing and, wherever possible, work from home? 

At a time when the government has been granted emergency powers of a kind unparalleled in peacetime, and ministers are taking rapid decisions that could shape our economy and society for a generation, democratic oversight is vital. Adversarial party politics take a back seat in a time of national crisis, but parliament’s collective responsibility to hold the executive to account remains. Hence the many calls – from both within and without parliament – for a ‘virtual’ legislature to ensure adequate scrutiny of the government’s decisions, and to maintain other essential time-sensitive work, while complying with public health requirements. 

As yet, however, there has been little detailed debate about how a ‘virtual parliament’ should operate. Parliament cannot work as normal, so what broad issues must it address in deciding how to work differently? 

This post identifies and argues for three core principles:

  • In the interests of safety, and to set a national example, parliament should operate as far as possible virtually, rather than accommodating continued physical presence at Westminster.
  • Parliament should not pursue ‘business as usual’ but should make more radical changes, identifying and prioritising essential business. 
  • Parliament’s crisis arrangements should be based on wide and transparent consultation with members to maximise support. ‘Sunsetting’ should be used to make clear that they are temporary and create no automatic precedent for the post-crisis era. 

In the UK, the government already has much greater control of the way parliament – particularly the House of Commons – operates than in many other countries. Any crisis arrangements must ensure fair representation for all members and parties; and the crisis and parliament’s response to it should not become a pretext to shift power further towards the executive and party managers.   Continue reading →