COVID-19 and Commons procedure: back to the future?

Last week the House of Commons extended the temporary procedural arrangements designed to facilitate business during the pandemic, but did not debate the issue separately, and it is not clear if another opportunity to debate the measures will present itself. Former Clerk of the Commons David Natzler argues here that MPs are entitled to an opportunity to determine all significant aspects of its future procedures before the current arrangements expire.

On Thursday 25 March the House of Commons decided to extend for a further three months its temporary procedural arrangements in response to COVID-19, a year on from the first national lockdown. During that period there have been substantial innovations in the way the House works. Some of these have been controversial, in particular new arrangements for members to take part ‘virtually’ in questions and debates and committees, and new rules on voting, including remote electronic voting. Equally controversial has been the issue of how the decisions to continue, change or terminate these arrangements have been made and who has the power to decide: in other words, who really controls the workings of the House of Commons. Such controversy is not new. The problem was discussed at length in the Unit’s January report Taking Back Control. But the past year has given them new urgency.

The Procedure Committee published a report on 14 March, entitled Back to the Future? Procedure after coronavirus restrictions. Having given an account of developments since the autumn, the committee recommended an extension of the temporary orders until the beginning of stage 4 (currently 21 June), which was agreed by the House on 25 March. But the report also recommends that ‘the House reverts to all aspects of its pre-pandemic practice and procedure’. That reflects an amendment made to the chair’s original draft by most of the Conservative majority on the committee, led by William Wragg – who also chairs the Public Administration and Constitutional Affairs Committee. The same group of members removed a proposal that the committee should mount a further inquiry into the process of making procedural change (see the committee’s Formal Minutes).  

On Thursday 25 March the motion to renew the orders until 21 June was debated as part of a much wider debate on coronavirus regulations and the six-monthly renewal of the Coronavirus Act. The issue of the House’s procedures was naturally overshadowed and there was little reference to them other than in a speech by the chair of the Procedure Committee (see below). There can be no certainty that there will be another chance to consider the arrangements, and every possibility that they will be allowed to lapse on 21 June without further debate or vote. 

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Commons select committees and Brexit

wager.150x150This week, the Constitution Unit co-published a new report, Parliament and Brexitin which some of the UK’s leading academics look at how parliament has managed Brexit to date, and how it might seek to handle the issue in future. Here, Alan Wager argues that select committees in the Commons proved their worth at a time when the public perception of parliament was at a low point, but that future Brexit challenges will see them come under pressure.

The House of Commons select committee system is a parliamentary success story. But it is a success story about to come under a period of sustained pressure. The influence and public profile of the committee system has been boosted by a reputation as a generator of agenda-setting policy discussion, and a vehicle for genuine cross-party scrutiny. The new political environment since the 2019 general election provides a test of whether these factors can be sustained. In an environment where the government is explicitly setting out to reduce the level of parliamentary scrutiny around Brexit and its consequences, select committees face the challenge of maintaining the levels of influence they enjoyed during the 2017-19 parliament.

Some government decisions that inhibited select committee scrutiny at the start of Boris Johnson’s tenure are temporary. The attempted prorogation, actual prorogation, dissolution and the slow start after the general election, combined with the distraction of the Labour leadership contest, have disrupted committee activity. The Liaison Committee has yet to question Boris Johnson, who cancelled an agreed appearance in October, having postponed twice previously. All this at a critical time when negotiating mandates and opening positions are being fleshed out.

Yet there are other substantive and long-term problems for scrutiny, resulting directly from government decisions, which will continue to impact throughout the transition period. As discussed in Lisa James’ contribution to the Parliament and Brexit report, government revisions to the post-election EU (Withdrawal Agreement) Bill (WAB) reduced MPs’ ability to scrutinise the next steps on Brexit on the floor of the House of Commons – including the negotiating mandate and updates on negotiations. This means that MPs (and watchers of BBC Parliament) will be denied those pinch points of high drama – and, more importantly, high scrutiny – that shaped government strategy throughout the last parliament. The question is whether select committees – with their proven capacity to generate moments of scrutiny and expose the government of the day – can partly fill the gap. Continue reading