Tag Archives: Urgent Questions

MPs are right. Parliament has been sidelined

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Backbench rebellion over parliament’s sidelining during the COVID-19 pandemic seems set to reach a critical point this week. Meg Russell and Lisa James argue that parliament’s crisis-era marginalisation is real, and part of a longer-running trend. So while government concessions now look likely, MPs should accept them only if they are genuine and comprehensive.

Backbench unease over the government’s treatment of parliament during the COVID-19 pandemic is coming to a head. On Wednesday, MPs will debate a motion to renew the government’s powers under the Coronavirus Act. But Conservative MPs’ frustration over the government’s handling of the crisis, and particularly its tendency to bypass parliamentary scrutiny, is increasingly evident. 

Earlier this month Charles Walker, joint Vice Chair of the 1922 Committee and former Chair of the Commons Procedure Committee, accused the government of treating its backbenchers like dogs. Similar concerns have appeared in the Telegraph and the Times. Now more than 40 Tory MPs have signed an amendment proposed by 1922 Committee Chair Graham Brady to Wednesday’s motion. This would make continuation of ministerial powers conditional on MPs getting a vote on any future coronavirus-related restrictions – whether made under the Coronavirus Act itself or other legislation (such as the Public Health (Control of Disease) Act 1984). The amendment may have no formal legal force, and for procedural reasons might ultimately not be voted upon; but its political significance is clear.

Parliament has been sidelined

MPs have genuine cause for complaint: parliament has been consistently sidelined during the pandemic. The most frequent criticism is over the government’s use of delegated legislation. Numerous coronavirus restrictions have been imposed through regulations subject to limited parliamentary oversight, with debate often scheduled long after the restrictions themselves were announced or came into force. A critical report from the Commons Public Administration and Constitutional Affairs Committee (PACAC) noted how the requirement to wear masks on public transport was announced in a Downing Street press conference on 4 June, coming into force 11 days later; yet it wasn’t debated in the Commons until 6 July. Only yesterday regulations on self-isolation were published, coming into effect just seven hours later, and imposing potential £10,000 fines; yet, despite media briefings 8 days previously, these were not debated in parliament. Such cases raise clear political questions, but also legal ones: as the Bingham Centre for the Rule of Law points out, the underlying legislation allows ministers to bypass parliament only if a measure is so urgent that there is no time for debate.

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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 →