Month: November 2023

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Highlights from our 2023 Annual Conference

Seeing so many of you at our Annual Conference in November was an enormous pleasure. Despite Storm Ciarán interfering with travel plans, the early career symposium we held for the first time (co-organised with the PSA Early Career Network), the drinks reception and the conference were a great success. We had around 50 participants attending the conference in person and another 20 online. There was a fantastic lineup of presentations organised in five panels covering a wide range of relevant topics and parliaments in the UK and across the globe.

Thanks to Cheryl Schonhardt-Bailey for hosting us at the LSE Department of Government, and to the Department and the journals of Parliamentary Affairs and British Politics for their sponsorships to help us make the conference a success and everyone well catered for.

LSE Centre Building

The day kicked off with a few welcoming words from our Co-convenor Sean Haughey, the formal welcoming of our new Co-convenor Diana Stirbu and Communications Officer Jack Liddall, and a warm farewell to our outgoing Co-convenor Stephen Holden Bates. Thank you, Stephen, for all the time, ideas and positive energy you have dedicated to the group for over three years!

2023 Undergraduate Essay Competition winner Phoebe Legard
2023 Undergraduate Essay Competition runner-up Cameron Dasgupta

We then handed out awards to the winners of our annual undergraduate essay competition. You can read Phoebe Legard’s (University of Edinburgh) and Cameron Dasgupta’s (QMUL) winning essays here. Thank you, Alexandra Meakin, for judging!

The academic programme started with an insightful panel on the challenges and experiences of inclusion and (mental) well-being in the parliamentary workplace. The second panel featured the latest research on executive-legislative relations in the UK House of Commons, Scottish Parliament, Welsh Parliament and Israeli Knesset. The third panel focused on comparative perspectives on parliaments, with presentations on the UK, Germany, Central-Eastern Europe and Afghanistan. In the fourth panel, we explored the method of go-along interviews, seldom-heard groups’ perceptions of petitioning parliaments and the role of parliamentary turnover in authoritarian regimes. The programme was rounded off with a panel discussing legislative behaviour, procedures and select committees.

Engaging panel presentations and discussions

Thank you everyone for presenting, discussing and attending! If you have any feedback or suggestions for next year, please take a couple of minutes to fill in our post-conference survey or feel free to contact any of us.

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Making the Law Count: The UK Post-Legislative Gap

By Tom Caygill.

Over recent years, engagement in post-legislative scrutiny in Westminster has declined. A mixture of events (e.g. Brexit) and crises (e.g. Coronavirus) has pushed post-legislative review (by government departments) and, as a result wider, post-legislative scrutiny (undertaken by parliamentary committees) down the government and parliamentary agenda. In this blog post, I examine the nature of this decline, the wider reasons for it and suggest how we can move forward from here. As the UK Parliament is often placed on a pedestal as an example of how to approach post-legislative scrutiny, it is vital that it continues to lead by example.

In 2008, the UK Government agreed to introduce a systematic process of post-legislative review by government departments. Legislation would receive a departmental review within three to five years of that Act entering the statute books. Once such a review was completed, a memorandum containing its findings would be sent to the relevant departmental select committee in the House of Commons, for additional scrutiny. 

My 2021 report for the Westminster foundation for Democracy examined the extent and effect of post-legislative review and scrutiny between 2008-2019. Although it was rarely used to begin with, there was an increase in the number of published memoranda by government departments particularly between 2010 and 2015. This also coincided with an activist House of Commons Liaison Committee which was keen to ensure that select committee were undertaking a breadth of different forms of scrutiny (including post-legislative scrutiny).

The story since 2015 however has been a continued decline in the number of post-legislative reviews being undertaken by government departments which means fewer are being sent to House of Commons Select Committees. Although select committees do not need a government post-legislative review in order to initiate post-legislative scrutiny they are considered to be useful triggers to get select committees to consider undertaking post-legislative scrutiny.

Figure 1: Post-Legislative Reviews 2008-2023


Figure 1 shows the extent of the decline which has taken place since a peak in 2012. There are a number of factors which could be at play here. Two big factors slowing the pace of post-legislative review are Brexit and the Coronavirus pandemic which monopolised the intellectual capacity of government departments, for understandable reasons. This pushed post-legislative reviews off departmental agendas, but they have not returned to the agenda of government departments. Another factor potentially at play here is that between 2010 and 2015, the bulk of post-legislative reviews would fall upon the legislation of a previous government (from a different party). There is therefore likely to be a change in enthusiasm from reviewing your predecessors’ legislation rather than reviewing your own. In British politics, governments do not like to admit mistakes as they view it as a sign of weakness.

A further factor here, which coincides with the decline of post-legislative review, is that the House of Commons Liaison Committee since 2015 has taken a less proactive role in shaping the agenda of the committee system. This also means there is no one overseeing the agreement between the Cabinet Office and Committee Office made in 2008. For more information on the gap in scrutiny see my 2020 article on the UK post-legislative scrutiny gap.

There is also a lack of coordination in Whitehall. Lord Norton of Louth has submitted a number of parliamentary questions over recent months in order to identify why post-legislative review has seemingly ground to a halt (no post-legislative reviews have been published on www.gov.uk in 2023). From her answer on the 7th August (figure 2), the Minister makes clear that no further post-legislative scrutiny work is expected within government before the end of 2023.


Figure 2: Parliamentary Question from Lord Norton on post-legislative review currently taking place.


It does look like we will end 2023 without any post-legislative reviews having taken place. As noted above there is no oversight of this agreement which will only contribute to the lack of urgency from government to undertake these reviews.

The lack of co-ordination in Whitehall is also visible in her response (figure 3) to a follow up question from Lord Norton on the 27th September 2023.

Figure 3: Parliamentary Question from Lord Norton on which Acts the government considers eligible for post-legislative review.

The fact that the Cabinet Office does not hold information centrally does give away that there is at best limited coordination and oversight of what is happening in government departments in relation to post-legislative review. At the moment the future of post-legislative reviews does not look promising. Although I will note again that this does not prevent post-legislative scrutiny being undertaken. Indeed, special inquiry committees in the House of Lords will initiate an inquiry without a post-legislative review and then ask for one. Further to this, over the course of the last couple of sessions, there have been between 3-4 inquiries across both Houses. So while post-legislative scrutiny has not stopped, the number of inquiries has reduced.

So what might happen next? This of course could be corrected if there were to be a change in government following the 2024 General Election with a future Labour Government being more than happy to review Conservative legislation. However, we would face the same issue of enthusiasm draining as the term of office goes on. So doing nothing is likely to lead to a repeat of the past 15 years with a peak shortly after an election and then a steady decline.

A more proactive response is needed. There is a need for someone to start overseeing the process of post-legislative review and that should be from the parliamentary perspective as government departments will find reasons not to do them without parliamentary pressure. The Scottish Parliament’s Convenors Group (made up of committee convenors) has made post-legislative scrutiny a strategic priority for the sixth session of the Parliament, and this is having results with eight inquiries having been undertaken since the start of 2022 (and more in the pipeline), with two and a half years to go of this session. It looks set to break records in the parliament. A strategic focus can clearly make a difference and this could be something which returns to the House of Commons Liaison Committee or the House of Lords Liaison Committee (which decides which Acts will receive post-legislative scrutiny via special inquiry committees in the Lords). There have also been arguments for a dedicated joint post-legislative scrutiny committee to over see the process across both Houses but to also monitor the agreement between the Cabinet Office and the Committee Office. A simpler approach would be to create a dedicated space for post-legislative scrutiny on the UK Parliament website, in a similar way to which draft bills (for pre-legislative scrutiny) are featured on the ‘Bills & Legislation’ section of the website. This is also an approach undertaken by the Scottish Parliament. There is also an argument that after 15 years, this agreement is in need of review (indeed many in Westminster argue that these reviews should take place 10 years after passage rather than 3-5 years). This is something that either a dedicated committee or one of the Liaison Committees could do. It is clear from the perspective of the House of Commons (in particular) that there is more work to do to institutionalise post-legislative scrutiny in Westminster. As we approach the end of the 2019 Parliament, this is an important time to reflect on the progress made since 2008 while recognising the need to enhance post-legislative scrutiny further.  

About the author

Tom Caygill is a Senior Lecturer in Politics at Nottingham Trent University

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What are the implications of having the Foreign Secretary sitting in the House of Lords?

By Andrew Defty

The most surprising aspect of Rishi Sunak’s Cabinet reshuffle has been the appointment of the former Prime Minister, David Cameron, as Foreign Secretary. Cameron is no longer an MP and as it is a convention that government ministers sit in Parliament, he has accepted a seat in the House of Lords in order to enable him to take on the role.

Cameron’s appointment raises a number of interesting questions: about the ministerial career of former Prime Ministers; the appointment of Cabinet ministers from the House of Lords; and the implications of this for parliamentary scrutiny.

The political career of former Prime Ministers

David Cameron’s return to front line politics with a seat in the Cabinet is by no means unique but is relatively unusual. As has been widely reported, the last former Prime Minister to take a Cabinet post after leaving office was Alec Douglas-Hume, Conservative Prime Minister from 1963 to 1964, who served as Foreign Secretary under Edward Heath, from 1970 to 1974. Interestingly, Douglas-Hume had previously served as Foreign Secretary while sitting in the House of Lords before becoming Prime Minister. He gave up his seat in the Lords in 1963 in order to become Prime Minister, and for his second term as Foreign Secretary he sat in the House of Commons as the MP for Perth and Kinross.

Other former Prime Ministers who have taken on Cabinet roles after leaving office include Arthur Balfour, Prime Minister from 1902 to 1905, who went on to serve as Foreign Secretary, from 1916 to 1919 in the wartime administration of Lloyd George. Ramsay MacDonald and Neville Chamberlain were both given the opportunity to remain in the Cabinet after stepping down as Prime Minister, with the largely honorary role of Lord President of the Council. Although in Chamberlain’s case this was for only a short period until his death in October 1940.

In recent years, however, there has been a tendency for Prime Ministers to leave parliament completely shortly after leaving office. John Major, Tony Blair, Gordon Brown and most recently Boris Johnson all announced they were leaving the House of Commons shortly after the end of their premiership. Cameron’s appointment to the House of Lords is also relatively unusual. Although it had until recently been customary for former Prime Ministers to accept a seat in the House of Lords, Margaret Thatcher was the last former Prime Minister to do so. Of the seven former Prime Ministers currently alive, Cameron will be the only one sitting in the House of Lords, although two, Theresa May and Liz Truss, continue to sit in the House of Commons.

Why has David Cameron been given a seat in the House of Lords?

In order to enable David Cameron to be appointed to the Cabinet, Rishi Sunak has given him a seat in the House of Lords. Although there is no legal requirement for government ministers to sit in Parliament, it is a very strongly held convention. This is based on the principle that ministers must be directly accountable to Parliament and only members may answer questions on the floor of the House of Commons or the House of Lords.

It has been argued that the convention that ministers must be sitting members of Parliament limits the pool of individuals the Prime Minister can draw upon when making ministerial appointments. In a number of other states, ministers can be appointed from outside the legislature which arguably allows for a wider range of talented individuals to be drawn into the government. In the UK, a Prime Minister who wishes to make a ministerial appointment from outside Parliament does have the option of making someone a member of the House of Lords in order to make them available for ministerial office.

This practice is not particularly unusual. Gordon Brown made a number of direct ministerial appointments to the House of Lords including the former MP, Peter Mandelson, who left the Commons in 2004 but was elevated to the Lords in 2008 in order to become Secretary of State for Business, and Andrew Adonis who was appointed to the Lords in order to become a minister in the Department for Education and Skills. David Cameron himself appointed several business leaders to the House of Lords in order to give them ministerial roles, including Stephen Green, the former group chairman of HSBC and Ian Livingston, the former chief executive of BT. More recently, in 2021 the UK’s former chief negotiator for exiting the European Union, David Frost, was made a peer by Boris Johnson, and appointed as Minister of State in the Cabinet Office with responsibility for Brexit.

An alternative approach could have been to find a safe seat for David Cameron which would have allowed him to return to Parliament as a member of the House of Commons.  This would, however, be dependent on a safe seat being made available, possibly by an MP who was already planning to stand down at the next election. This may also have been a decidedly risky strategy given that the government has recently lost several by-elections in supposedly safe seats. In 1964, Patrick Gordon Walker was appointed as Foreign Secretary by Harold Wilson despite having lost his seat in the 1964 general election. He subsequently resigned after losing a by-election in a supposedly safe Labour seat. Moreover, while Cameron may be happy to take on the role of Foreign Secretary, he may not have been prepared to return to the day-to-day grind of fighting an election and being a constituency MP.

While it is not particularly unusual for governments to make appointments to the House of Lords in order to allow individuals to become ministers, it is relatively rare for members of the House of Lords to hold such senior ministerial office. There are usually somewhere between twenty and thirty ministers in the House of Lords, compared to around eighty in the House of Commons. Governments need to appoint ministers in the Lords to enable someone to speak in the upper House on behalf of each government department, but ministers in the Lords tend to hold more junior ministerial positions, as Ministers of State or Parliamentary Under-Secretaries. In recent years, the only member of the upper House who has routinely sat in the Cabinet is the Leader of the House of Lords.

This was not always the case. Up until the end of the nineteenth century it was common practice for Cabinet ministers, including the Prime Minister to sit in the Lords. The last Prime Minister to sit in the Lords was Lord Salisbury who left office in 1902, although the practice of appointing Foreign Secretaries from the upper House continued well into the twentieth century. Lord Curzon was Conservative Foreign Secretary from 1919 to 1924 and was widely expected to succeed Andrew Bonar Law as Prime Minister in 1923. He lost out to Stanley Baldwin in part because it was felt the Prime Minister should sit in the Commons. Lord Halifax was Foreign Secretary at the outbreak of the Second World War and, as noted above, the Earl of Home, was Foreign Secretary before renouncing his title, perhaps mindful of Curzon’s difficulties, to become Prime Minister in 1963. The last Foreign Secretary to be appointed from the House of Lords was Lord Carrington, who held the post from Thatcher’s election in 1979 until his resignation following the Argentine invasion of the Falkland Islands in 1982.

What are the implications of the Foreign Secretary sitting in the House of Lords?

Lord Carrington’s experience is perhaps revealing of the difficulties Lord Cameron could face. With Carrington unable to answer questions in the House of Commons, answering Foreign Office questions in the Commons was delegated to two junior ministers. In most circumstances this worked admirably well, but when the Falklands crisis erupted, MPs in the House of Commons did not conceal their anger at their inability to question the Foreign Secretary directly. In addition to being accountable to Parliament for their department, senior ministers play an important role in defending the government and the Prime Minister. Lord Carrington’s inability to provide the kind of support the PM needed in the House of Commons contributed to his decision to resign. Lord Cameron may be a useful and experienced ally to the Prime Minister in public and in the media but there is little he can do if things get sticky in the House of Commons.

Cameron’s appointment also means that there is real concern about the impact on parliamentary scrutiny of having the Foreign Secretary sitting in the Lords. The Foreign Secretary will not be available to answer departmental questions in the Commons, which come around about once a month. Nor will he be available to answer urgent questions, which are much more common now than they were when Lord Carrington was Foreign Secretary. In particular, if there is a major international incident which threatens international security or UK interests, the government’s response in the House of Commons will be provided by a more junior minister, who quite possibly does not attend Cabinet. Alternately if the situation is particularly grave, the Prime Minister may find himself delegating for the Foreign Secretary in the House of Commons. Which may appease the Commons but won’t make life easier for the Prime Minister.

The Speaker of the House of Commons was quick to make a statement about the need to ensure that parliamentary scrutiny of foreign policy is not undermined by Lord Cameron’s appointment:

[G]iven the gravity of the current international situation, it is especially important that this House is able to scrutinise the work of the Foreign, Commonwealth and Development Office effectively. I have therefore commissioned advice from the Clerks about possible options for enhancing scrutiny of the work of the Foreign Secretary when that post is filled by a Member of the other House. I also look forward to hearing the Government’s proposals on how the Foreign Secretary will be properly accountable to this House.

On the other hand, the Foreign Secretary will not avoid parliamentary scrutiny altogether. The House of Lords is likely to institute its own mechanism to provide regular questions to the Foreign Secretary. Moreover, there is considerable expertise in foreign affairs in the Lords, including several former permanent secretaries from the Foreign Office. As a new peer, Cameron will also be unfamiliar with the practices of the second chamber and will quickly realise that he cannot rely on the same level of support in the chamber as he once enjoyed in the more partisan House of Commons.

The Foreign Secretary will also not entirely avoid scrutiny by MPs. Although he can’t appear to answer questions in the chamber of the House of Commons, members of the House of Lords can appear before House of Commons select committees. He is likely to be much in demand from the House of Commons select committee on foreign affairs, as well as a number of joint committees which comprise members from both Houses, most notably the joint committees on human rights and national security and the Intelligence and Security Committee.

As a former Prime Minister, David Cameron is an experienced parliamentarian, but his ministerial experience is confined to that of being Prime Minister. He may find the role of Foreign Secretary and the demands of adapting to scrutiny in the House of Lords particularly demanding. It is also possible that the absence of a Foreign Secretary in the House of Commons may place increased demands on the government and even the Prime Minister himself. Both will be hoping that the benefits outweigh the undoubted challenges ahead.

About the author

Andrew Defty is Associate Professor of Politics at the University of Lincoln and member of the Lincoln Parliamentary Research Centre (ParliLinc).

This piece was first posted on Andrew Defty’s Who Runs Britain? blog.