January 2024 – PSA Parliaments

By Tal Elovits.

Obstruction in parliament dates back to the eighteenth century when legislatures became more diverse and democratic. Parliamentary obstruction is a deliberate strategy used within legislative bodies to delay or prevent legislation from being passed. A minority or individual legislators commonly use it to oppose the majority will. While conscious obstruction can be a strategic tool within a democratic system, its misuse can jeopardize the democratic principles that it means to protect. It can potentially reduce legislative power while increasing executive power, putting the democratic principle of broad representation at risk. If an obstruction is used excessively, it can endanger the proper functioning of legislative bodies, possibly threatening the future of parliamentary government. As a result, extreme caution is essential while employing obstruction techniques (Bell, 2018; Rutherford, 1914).

Previous study points out that obstruction using legislative instruments may be connected to government alternation. According to Zucchini (2011), who used the Italian case study to explore the relationship, the opposition is likelier to use delay tactics following an alternation government, and the more the opposition is ideologically cohesive, the greater the chance they will use obstruction tactics. In this study, I wish to explore the relationship between alternation and legislative obstruction in Israel following the alternation government of 2021 and specifically ask how the alternation affected the amendment’s introduction in the Israeli Knesset. Furthermore, when were amendments used more strategically? The use of amendments in the legislative process will measure legislative obstruction, and this study will be the first to analyze amendments in the Israeli parliament.

As a part of the legislative process, amendment is an instrument that allows parliament members to suggest changes to a bill under deliberation, usually by a committee. In the same way that private members have the right to introduce private member bills, private members may propose changes to a bill. Typically, amendments introduced by individual members of parliament (MPs) are voted on before the final vote of the plenum (Behrens et al., 2023; Mattson, 1995; Palau et al., 2023). Although a form of amendment as a parliamentary instrument can be found in many legislatures, they differ greatly in their restrictions, stage of voting, and deliberation time assigned to a bill considered in the final vote (Strøm, 1995).

The Israeli parliament posits an interesting and vibrant arena to study the possible effects of government alternation. In 2021, what is known as the “right bloc,” led by long-serving PM Benjamin Netanyahu, lost its governmental positions, and Israel had for a year an alternation government for the first time in 15 years. As illustrated in Figure 1, this special circumstance allows us to question and study the possible effects of government alternation in Israel and to provide further empirical evidence for the study of legislative behavior. We set two hypotheses for our study. H1 – Government alternation increases amendment introduction. H2 – Narrow ideological differences between opposition parties foster strategic cooperation.

Figure 1 – Israel political parties 2015-2022 with their coalition status

In Israel, amendments are the only tool allowing parliament members to gain debate time at the committee and the plenary. Each amendment allows a 5-minute speech for each sponsor, which can be multiplied, sometimes reaching hundreds of debate hours on a single bill (Akirav et al., 2010). Therefore, when studying legislative obstruction in Israel, using parliament members in amendments becomes a vital measurement.

Although amendments have been in use in the Israeli parliament since its first day, no data is available for analysis, and retrieving this requires manual analysis of bills in their final wording. This study covers 2015-2022, 3 legislative terms – the 20th, 23rd, and 24th and three different governments, as seen in Figure 1. In the study period, 791 non-budgetary bills have reached the final wording stage. Amendments data was collected manually regarding each bill. Further data, such as the legislative committee, bill category, type of legislation, and when the bill was introduced, were mined from the Knesset Odata API service. In total, 24,001 amendments were gathered. Figure 2 shows the share of bills with amendments by legislative term and yearly quarter. Even without any further statistical analysis, one can notice the different pattern that the 24th term presents.

Figure 2 – Share of bills with amendments 2015–2022

The data gathered was also statistically manipulated to uncover possible mechanisms explaining this change in using amendments. I have constructed two dependent variables: Amendments – dummy, where one is when a bill is introduced with amendment(s), and Strategic – dummy, where one is when amendments are introduced by half or more of the effective number of opposition members. The study hypothesis was tested using statistical Probit regression in Stata in two models —the first tested alternation as an independent variable, and the second focused on the Knesset term as an independent variable. Table 1 presents the results of the two models. Further marginal analysis was done following the first model to uncover the probability of a bill being introduced with amendments under an alternate government. The results, illustrated in Figure 3, show that while under continuous government, the probability for a bill to be introduced with the amendment is 26.4%, under alternation government, the probability rises to 70.8%, supporting the first hypothesis.

Table 1 – Probit model results for amendments and strategic (1)

Figure 3 – Margin analysis following first model probit regression

The result of the second model supports this study’s second hypothesis. As the opposition becomes cohesive, they will increase their cooperation, acting more strategically, providing additional evidence for earlier theoretical and empirical studies suggesting that when ideological distance is small, they are more likely to coordinate in the parliamentary arena (Dewan & Spirling, 2011; Kaiser, 2008; Whitaker & Martin, 2022).

Our analysis also suggests that the use of amendment is related to the legislative term cycle, where both the first month of the new government and the period following parliament dissolution appear to have an effect with a slightly significant positive coefficient and a highly significant negative coefficient, in accordance. At the beginning of a new government, regardless of the alternation status, the probability that a bill will introduced with amendment increases, and this probability drops significantly following parliament dissolution. We found no significant effect on the bill’s content or the committee it deliberated in.

This study’s findings open a wide window into how parliamentarian obstruction may look in Israel and shed light on the use of amendments in the Knesset. Alternation fuels opposition resistance. In Israel, this resistance manifested through the use of amendments. However, one must be aware that with obstructing comes anti-obstruction measures by the majority of parliament. This tit-for-tat escalation into a pattern of obstruction and retaliation can poison the spirit of mutual respect between parties. Partisan mistrust and even demonization replace good faith assumptions of sincerity and reasonableness. Thus, while limited obstruction may sometimes be justified, oppositions must also weigh the risks of it becoming entrenched in political culture. When this balance is disrupted, and the opposition resorts to obstructionist tactics without a clear strategy or purpose, it can weaken the legislature and, by extension, lead to democratic backsliding.

This study sheds light on the important role that amendments play in the hands of Knesset opposition members as a significant instrument in filling the gap in the existing scholarship. Furthermore, this study provides important empirical evidence for the use of legislative instruments by opposition parties, especially in the light of government alternation. Future studies, expanding this study period, might allow us to uncover additional patterns of the use of amendments in Israel’s busy parliament.

This short blog post is part of the author’s PhD project, “The Knesset: A Busy Parliaments in the 2020s”.

About the author

Tal Elovits is a PhD fellow at the Department of Social and Political Sciences, University of Milan, Milan, Italy. Former faction director in the Israeli parliament. tal.elovits@unimi.it ORCID: 0000- 0003-2681-1445

By Mari Takayanagi.

Throughout the 19th and early 20th centuries, many people lived and worked in the Palace of Westminster. Some worked for the House of Commons or House of Lords, some were family members of office holders, and others were servants in households. This included many women. Indeed, at times female residents outnumbered male residents by nearly two to one: the 1911 census, for example, lists 67 women and 36 men living in the Palace of Westminster in addition to the suffragette Emily Wilding Davison who hid there in a cupboard overnight. There were also of course many staff who did not live in, an enormous variety of roles from Clerks to cleaners.

The presence of so many staff may be surprising, as Parliament is always equated in the general public mind with MPs and Members of the House of Lords debating in their chambers. Although some staff might play visible roles, such as the Doorkeepers in their uniforms and the Clerks sitting at the table, they appear almost as part of the furniture – blending in with the Gothic architecture, ritual and ceremony, rather than as individuals. Even more overlooked are the staff in less visible roles, including many women.

But staff not only work in Parliament, they are also subject to the same kinds of employment and social issues as workers outside Parliament. Recent research by Rebecca McKee has examined ‘unsung heroes’, staff who work for MPs. The staff who work for the House of Lords and House of Commons are similarly unsung. My new book Necessary Women, co-authored with Elizabeth Hallam Smith, uses new archival research to provide the first ever history of women working in the Palace of Westminster. This approach helps reframe Parliament from a solely political workspace to a place of work more generally, highlighting women from all classes working in jobs reflecting gender roles in wider society.

I was delighted to share some of this research at the PSA Parliaments Annual Conference 2023. In this blogpost I’m going to focus on three pioneering women for whom the Second World War brought new opportunities in Parliament: Kay Midwinter, Monica Felton, and Jean Winder.

Kay Midwinter

In May 1940, shock rang around the House of Commons as a woman walked in and stood calmly on the floor of the House, looking around at her new workplace. This was Kay Midwinter, the first female Clerk in the House of Commons. Appointed to free up a man for war service, the ‘Girl Clerk’ as she was termed in the press –she was aged 32 – worked for the House of Commons National Expenditure Committee during the Second World War. Previous experience of working with committees in the League of Nations in Geneva helped her to get the job. Highly praised by her managers and by Irene Ward and Joan Davidson, the female MPs on the committee, Midwinter worked particularly closely with Ward and Davidson on two reports, on the women’s armed services and women factory workers.

Midwinter later reflected on her time in the Commons as follows:

During the war I was standing behind the Speaker’s Chair about 5 or 6 yards from Churchill while he made all his famous war speeches. He used to glare at me as much as to say “What’s this woman doing?” but he never challenged me…. when it came to laying the Report on the table of the House – you know, my male colleagues said “Oh you’d better not do that, you know, it has never been done by a woman before!” So I said “Well, for that reason I’m going to do it!” So there we are. But really one was up against male prejudice throughout. Absolutely. There was never any question of promotion.
[Oral history recording, United Nations Career Records Project, Bodleian Library]

Not only promotion but pay, for Midwinter was paid less than half the rate of her fellow male Clerks doing the same job as her. Ward and Davidson expressed their opinion that she was ‘inadequately paid’ and she did receive a pay rise, although only to the ‘women’s equivalent’ of the male grade. She moved to the Foreign Office in 1943. After the war she went to work for the United Nations, first in New York and then back in Geneva, where she died in 1996.

Monica Felton

Like Kay Midwinter, Dr Monica Felton worked for the National Expenditure Committee in the House of Commons during the war as a fairly small part of a wider public career – but there the similarities end. Felton was as an elected Labour member of the London County Council, most unusual; Parliamentary staff would not usually have such a public party-political affiliation. She was appointed to the Commons as an economic advisor on the recommendation of Lewis Silkin, a Labour MP on the committee who had also previously been an LCC member. He and Felton had a strong shared interest in town planning; her significance as a woman town planner has been studied by Mark Clapson. Felton had a doctorate from the LSE and was previously a lecturer for the Worker’s Educational Association, where she was remembered by students as a Marxist. She worked in the Commons for 18 months before resigning with permission.

After the war, Silkin appointed Felton to be chairman of first Peterlee and then Stevenage New Town Development Corporations between 1949 and 1951. However, she was fired from Stevenage after going on an unauthorised trip to North Korea for the left-wing Women’s International Democratic Federation in 1951. It was a very controversial visit; on her return, she accused American, South Korean and even British troops of involvement in massacres of the Korean population and other atrocities, on Radio Moscow and in the Daily Worker, and was awarded the Stalin Peace Prize. The episode made her infamous and ruined her career in the UK. She made a new life for herself in India, where she died in 1970.

Jean Winder

Jean Winder was the first woman Hansard reporter. She fought a long battle for equal pay, and like Midwinter, was also assisted by Irene Ward MP. In August 1951, Ward stood up in the House of Commons chamber and said:

The House of Commons is run on the basis of equal pay… but there is one woman on the HANSARD staff in the Gallery, Mrs. Winder, who has not got equal pay… I have got Mrs. Winder’s permission to draw the attention of the House to what I consider is an intolerable constitutional position…
[House of Commons Debates, 2 August 1951, col 1710]

Jean Winder was appointed to House of Commons Official Report, known as Hansard, in January 1944 when the Editor was desperate for staff and unable to find a suitable man. Like Midwinter, Winder was an immediate success in the Commons, highly rated, and performing exactly the same job as her male colleagues who were paid more than she was. Despite support all the way up to the Speaker, the Treasury refused equal pay. It took years of advocacy by Irene Ward before Winder finally achieved equal pay in late 1953. Ward supported Winder in private and in public over many years. This undoubtedly influenced Ward’s politics and relationships with political colleagues as she lobbied inside and outside Parliament.

In conclusion, the stories of Midwinter, Felton and Winder illustrate various themes of Necessary Women including opportunities brought by war, important relationships between staff and MPs, and struggles for equal pay. Sadly, these innovative Second World War appointments had no direct successors in the House of Commons. The next female Hansard reporter was not appointed until 1968, and further female Clerks did not follow until 1969. The indirect and direct contribution of these pioneering women to Parliamentary life and work deserves to be better known.

About the author

Dr Mari Takayanagi FRHistS is Senior Archivist at the UK Parliamentary Archives and a historian of women and Parliament. Her first book, ‘Necessary Women: the Untold Story of Parliament’s Working Women’, co-authored with Elizabeth Hallam Smith, was published in June 2023 by History Press.