Must a caretaker government be a zombie government?

During the recently concluded Conservative leadership contest, the government appeared to be in a holding pattern, taking little or no action of substance until the election of Boris Johnson’s successor. But did the government, which had a substantial parliamentary majority and an electoral mandate, need to act as if it was merely a ‘caretaker’? Robert Hazell explains that the rules around a ‘lame duck’ PM remain fuzzy, and argues that steps must be taken to clarify the position as soon as possible.

Something very strange happened at Westminster over the summer: a government which enjoyed a comfortable working majority of 71 seats was declared to be a caretaker which could not take any major decisions. It was variously accused of being a ‘zombie government’ ‘asleep at the wheel’, and incapable of taking urgent decisions required by the energy crisis. In its defence the government might have responded that as a caretaker it was precluded from taking such decisions. But the Whitehall rules on this are far from clear. So, what are the Whitehall rules about caretaker governments, and the principles underlying them? And given the confusion this summer, do the rules need clarifying or updating?

‘Caretaker government’ is not a term to be found in any UK government guidance. The Cabinet Manual talks instead about ‘restrictions on government activity’. A leadership election in the governing party is not one of the circumstances when the Cabinet Manual says government activity must be restricted. It envisages just three such circumstances when governments are restricted:

…governments are expected by convention to observe discretion in initiating any new action of a continuing or long-term character in the period immediately preceding an election, immediately afterwards if the result is unclear, and following the loss of a vote of confidence.

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Prime Minister Liz Truss and the short, unhappy fate of the ‘takeover leader’

Following her appointment as Prime Minister yesterday, Liz Truss has become the third Prime Minister in a row to take office directly as a result of a party leadership election. Ben Worthy explains that taking office in the middle of a parliament has historically not gone well for the incoming Prime Minister, with none of the last three ‘takeover Prime Ministers’ able to complete a full parliamentary term in office.

There are two routes to becoming Prime Minister in the UK. You can either win a general election or triumph in a party leadership election to become head of the largest parliamentary party when a predecessor leaves. As section 2.18 of the Cabinet Manual puts it:

Where a Prime Minister chooses to resign from his or her individual position at a time when his or her administration has an overall majority in the House of Commons, it is for the party or parties in government to identify who can be chosen as the successor.

Prime Minister Liz Truss is a ‘takeover’ leader, securing the post via the second route rather than the first. Remarkably, she will be the fifteenth takeover since 1916 and the second woman appointed mid-term since 2016.

There are some downsides to being a takeover. As the table below shows, takeovers’ time in office tends to be relatively brief. UK prime ministers in the last 100 years have lasted an average of just over five years, equivalent to the maximum length of one parliamentary term. Takeover tenure was considerably shorter at just over 3.6 years, compared with an average of 6.6 years for those who came to office following a general election. The longest takeover premiership was that of John Major, which lasted seven years, and the shortest was Andrew Bonar Law’s seven months (due to ill health).

The most recent takeovers are bywords for difficult, if not failed, premierships. Major (1990–1997), Gordon Brown (2007–2010) and the successive takeovers of Theresa May (2016–2019) and Boris Johnson (2019–2022) stand out as dysfunctional and struggling leaders. All led deeply divided parties and their names are linked to deep crises, whether economic (the Winter of Discontent or Black Wednesday), political (Maastricht or Brexit) or global (COVID-19).

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How parliament approved the Anglo-Irish Treaty

The Anglo-Irish Treaty, which resulted in independence for what was initially known as the Irish Free State, was signed 100 years ago today. David Torrance outlines how MPs and peers reacted when asked to approve the treaty at a specially convened parliament later that month.  

Despite its significance to the history of the United Kingdom, the Anglo-Irish Treaty – signed a century ago on 6 December 1921 – has had remarkably little attention from historians and constitutional scholars.

Especially neglected has been the UK Parliament’s consideration of that treaty, in marked contrast to considerable analysis of the Dáil debates during December 1921 and January 1922. In accordance with Article 18 of the treaty, its provisions required approval by both the UK Parliament and ‘a meeting’ of those elected to the (devolved) Parliament of Southern Ireland in May 1921.

Parliament was convened on 14 December 1921 for the sole purpose of considering the treaty. King George V said in his speech opening parliament that it was his:

earnest hope that by the Articles of Agreement now submitted to you the strife of centuries may be ended and that Ireland, as a free partner in the Commonwealth of Nations forming the British Empire, will secure the fulfilment of her national ideals.

Both Houses of Parliament were instructed to make a humble address by way of reply to the King’s Speech. This was unusual – Sir Austen Chamberlain later explained that this means of ratification was ‘founded […] on a precedent which had prevailed uninterruptedly up to the year 1890’ – but then the treaty itself was unusual in that it had been agreed between two parts of the UK rather than two (internationally recognised) sovereign states.

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Standards in public life: are we in a post-Nolan age?

In 1995, the Nolan report established ‘Seven Principles of Public Life’. Twenty-five years later, questions have been raised about the continuing relevance of the Nolan principles. Lord (Jonathan) Evans of Weardale, Chair of the Committee on Standards in Public Life, argues here that although we are not not yet living in a ‘post-Nolan’ age, there are reasons for real concern.

In recent months we’ve heard a new phrase used by academics, commentators, and members of the public who have an interest in public standards. That phrase is a ‘post-Nolan age’. 

The sentiment is encapsulated in an email sent to my Committee’s mailbox earlier this year. A member of the public told us they ‘feel a great sadness that the moral framework which has guided British public life for the past quarter century appears to be well and truly over’.

The email referred to the growing perception that those in public life no longer feel obliged to follow the Nolan principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership – otherwise known as the Seven Principles of Public Life

These principles have long underpinned the spirit of public service in this country, and were first formally articulated in Lord Nolan’s seminal 1995 report – the first from the Committee on Standards in Public Life, of which I am now Chair.

Since 1995 it has been increasingly accepted that anyone in public service should act in accordance with the Seven Principles. The Principles apply to ministers and MPs, all civil servants, local government officials, public bodies, the NHS, agencies as well as private companies and charities delivering services on behalf of the taxpayer. The Principles are not a rulebook but a guide to institutional administration and personal conduct, and are given a hard edge when they inform law, policy, procedure and codes of conduct. 

In their essence, the Seven Principles are there to govern the legitimate use of entrusted power in public life. All of us in public life, whether through democratic election or public appointment, have some degree of power afforded to us on the public’s behalf, whether it is the power to make decisions on benefits, to spend money on schools, to legislate to protect public health or to influence debate. This power is lent to us to be used for the good of the public.

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Choosing a Prime Minister: their exits and their entrances

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Seventeen of the Prime Ministers to take office since 1900 left office for reasons other than defeat at a general election. In this blogpost, Rodney Brazier, author of the recently published Choosing a Prime Minister, reflects on how those Prime Ministers have secured and surrendered the keys to Number 10, and the Queen’s role in their appointment.

It’s unlikely that Boris Johnson spends much time thinking about the next election. Thanks largely to him the government obtained an 80-seat Commons majority at the polls just over six months ago, and each member of his Cabinet gave pledges of personal loyalty before getting their jobs. What could possibly go wrong? But if any of his close advisers were to read my book Choosing a Prime Minister then brows might furrow. The book notes that 17 of the two-dozen individuals who have occupied Number 10 since 1900 were forced to leave without any push from the voters. Illness or old age, revolts in the governing party, loss of the confidence of the House of Commons, or personal political blunders all contributed to that high total. Indeed, three of Johnson’s four immediate predecessors (Tony Blair, David Cameron and Theresa May) quit without the electorate’s help. Ill health and party coups were the main, but not at all the only, causes of all those 17 exits. Johnson himself had a brush with death in March. I would bet good money against the present Prime Minister leading the Conservatives into the next general election.  Continue reading