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

Celebrating 40 years of departmental select committees

involve_portraits_may18_029b (1)download.jpg.pngForty years ago, the House of Commons revolutionised the way in which it scrutinises government by creating departmental select committees so that each section of government now receives continual and detailed scrutiny by MPs. In June, a two-day conference was held to explore the past, present and future forms and functions of these committees. Rebecca McKee and Tom Caygill summarise some of the event’s key themes and contributions. 

Almost 40 years to the day since the debate to establish the first departmental select committees in late June 1979, the House of Commons and the Study of Parliament Group held a two-day conference in parliament. The conference showcased the work of the committees, reflecting on changes since 1979 and looked forward at emerging challenges and how committees may need to evolve for the future.

There were 15 panels over two days, with a range of speakers from academia, Whitehall, the House of Commons and civil society. In this post we consider themes from the conference, looking specifically at the past, present and future of departmental select committees. 

Looking back at 40 years of select committees

The history of select committees

With 40 years of departmental select committees to explore, the panel ‘History, origins and early days of select committees’ began by looking back to their inception in 1979. The panel heard contributions from Philip Aylett (clerk); Professor Gavin Drewry (Royal Holloway, University of London), Mike Everett (clerk), Sir David Natzler (former Clerk of the House), and was chaired by Oonagh Gay, (formerly of the Parliament and Constitution Centre). 

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The session began with a discussion of the work conducted by the Study of Parliament Group in helping to develop and monitor early select committees. It was noted that the group did not always speak with one voice. Bernard Crick, one of the group’s founders, initially argued against specialist committees. 

However, these committees were not a complete novelty. Committees have existed since the late 13th century, when the Committees of Triers and Examiners of Petitions were established. Their usage expanded over the centuries. A dramatic increase occurred in the 16th century following the designation (in 1547) of a special Committee Room in the House of Commons. 

The panel then turned to the 20th century. They argued that the 1960s were a dark age for select committees; the Estimates Committee existed but had a very narrow remit and committees avoided policy issues. In 1965 however, the Procedure Committee recommended a greater specialisation of select committee work and in 1966 discussions began between parties to develop specialist committees. Harold Wilson argued that select committees should expand their remit beyond financial questions to cover policy issues also. By the 1970s a different role started to emerge, similar to the Committees we recognise today. Continue reading

Looking forward, looking back: an evening with Sir David Natzler

IMG.2771On 19 March, the Unit held an event: ‘Challenges for Parliament: Looking Back, Looking Forward’, at which Sir David Natzler – who retired as Clerk of the House of Commons in February – spoke to Professor Meg Russell about his 40-year career in parliament. The discussion was both entertaining and informative; Dave Busfield-Birch summarises the key points.

Early days

Sir David first started working in the House of Commons in 1975, at what he called an ‘exciting time’, just two years after the UK had joined what was then known as the European Communities. His first assignment was as clerk to the European Legislation Committee, which was facing the novel challenge of sifting through the legislation passed by an unelected Council of Ministers sitting in the capital city of another country, and recommending which measures should be debated.

Parliament was unsurprisingly a very different place in the early years of Sir David’s Commons career. Talking of the key differences, he first spoke of how ‘expectations’ had changed significantly since then. For example, there were no limits on how long a Member could speak in those days. Whereas the Speaker (or one of the Deputy Speakers) can now impose relatively short time limits for MPs wishing to speak, that was not the case in 1975. Sir David considered this ‘almost one of the biggest changes’ of the past two or three centuries; that speaking for a long time can no longer be used to ‘destroy business’.

One of the other key differences between then and now is that the House of Commons lacked fiscal independence when he first started working there. It was instead reliant on the government for finance, thereby limiting its ability to take crucial decisions such as whether or not to recruit more staff. The Treasury hence had control of the Commons until the establishment of the House of Commons Commission in 1978, at which point the Commons became fiscally independent. Continue reading