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Is confrontational questioning bad for parliaments and democratic politics?

Parliamentary procedures such as Prime Minister’s Questions in the UK or Question Time in Australia are often criticised for their contentious style of debate. Ruxandra Serban compares questioning procedures in the UK, Australia, Canada and Ireland, and discusses whether a confrontational style has negative consequences for parliaments and for democratic politics.

Parliamentary questions are a well-known feature of politics, and procedures such as Prime Minister’s Questions (PMQs) in the UK, Question Period in Canada, and Question Time in Australia are at the centre of public perceptions of parliament. These procedures receive more attention than their European equivalents, which are considered less ‘interesting’ than the theatrical antics of PMQs. But they are also criticised for being too combative, with the implication that the confrontational dialogue seen during PMQs or Question Time is detrimental to parliament and for politics more broadly. Recently, the new Leader of the House in Canada also promised to change the adversarial character of Question Period. But how confrontational are these procedures, and why? Does confrontational questioning have negative implications for parliament and for democratic politics? And, importantly, what can be done about it?

How confrontational are different questioning procedures?

PMQs in the UK is notoriously conflictual, with numerous studies documenting face-threatening strategies, incivility, and personal attacks in questions and answers. But how does confrontational language at PMQs compare with similar procedures in other parliaments? To investigate this, I looked at four similar parliaments, during four comparable premierships: Enda Kenny in Ireland (2011-16), David Cameron in the UK (2010-15), Julia Gillard in Australia (2010-13), and Stephen Harper in Canada (2006-8). Taken in pairs, the four premierships are of a similar duration, with both Cameron and Kenny having a term of about five years, and Gillard and Harper of about two. All four led similar types of government: coalition governments in the UK and Ireland, and minority governments in Australia and Canada.

I sampled a set of 30 questioning sessions for each case-study, amounting to 3,212 parliamentary questions. Each question was labelled based on whether or not it included a conflictual remark, understood as explicit instances of an MP criticising the government, a political party, policy, or the Prime Minister.

During the periods analysed, the Canadian Question Period was the most confrontational, with 75% of questions including a conflictual remark. The Australian Question Time came second, with 44%, and the UK’s PMQs third, with 40%. Oral Questions to the Taoiseach was much less conflictual, with only 13% of questions including a critical comment. Although some of these patterns may be related to the context of each premiership, my new research shows similar findings apply to the Trudeau premiership, during which around 80% of questions to the Prime Minister included a conflictual remark. Ongoing conversations about excessively contentious questioning in Canada, Australia and the UK suggest that things have definitely not improved over time.

Why do MPs use conflictual remarks in their questions?

To understand why MPs pursue confrontational questioning, we need to look at the incentive structure of oral parliamentary questions. Questioning time is scarce, and oral questions to the Prime Minister in the parliamentary plenary (a meeting open to all MPs, usually in the Commons chamber) is the most visible political event of the week. In the media spotlight, political parties have an opportunity to embarrass their opponents, and also to put their side at an advantage in the competition for issue ownership and votes at the next election. Recent studies have documented how parties amplify their attacks in questions in the run up to an election. There is, hence, a clear incentive for both government and opposition parties to control how MPs ask questions, and to ensure a cohesive questioning strategy.

Who gets to ask questions at Question Period in Canada and Question Time in Australia is, to an important extent, controlled by political parties. In both cases, parties have ‘tactics’ or strategy committees that plan questioning approaches and topics for each week. In Canada, although on paper questioning is spontaneous, party whips hand over a list of questioners to the Speaker before each Question Period. Similarly, in Australia, parties decide which of their MPs will ask questions at Question Time. MPs in leadership positions, such as the Leader of the Opposition and main party leaders, have precedence over backbenchers, and the latter must also follow the main questioning lines set by their party. Backbenchers on the government side are often reduced to asking ‘helpful’ questions, and rarely get to ask other questions, for example on matters relevant to their constituencies. In the UK, parties also strategise their questions for PMQs. The Leader of the Opposition undertakes weekly preparation with their team, which establishes the main attack lines for each PMQs session. Backbenchers also largely follow these lines, and occasionally receive questions planted by whips. However, the fact that government backbenchers do not always just ask helpful questions to the Prime Minister, but also pursue other topics, and are occasionally even critical of the government, suggests that PMQs is not as tightly controlled by parties as its Canadian and Australian equivalents.

This highly charged political atmosphere and winner-takes-all incentive structure leads to an adversarial questioning culture: whether in leadership or in backbench roles, MPs are socialised by their parties into a confrontational style of questioning, and whilst some might see this as a small, distinct part of their job, for others, especially for women and new MPs, it is intimidating and off-putting, and not a style of communication that would be admissible in other workplaces. The fact that confrontational questioning is an established part of the culture of some parliaments is also evidenced by the involvement of Speakers. In all four parliaments, Speakers mainly intervene to limit shouting and noise in the chamber, but rarely to limit confrontational questioning, unless unparliamentary language has been used.

Are confrontational questions bad for parliament and for democratic politics?

If questioning is perpetually dominated by conflictual language, what are the implications? In terms of what the public thinks, evidence is mixed. In the UK, surveys and focus groups reported that the aggressive nature of PMQs puts members of the public off politics. Similar evidence exists in Canada. But a study of oral questions in 22 countries found that questioning mechanisms that allow open, spontaneous and adversarial exchanges increase engagement with and attention to politics. Using an experimental design, another study found that watching PMQs does not decrease trust in parliament, and makes citizens feel better equipped to understand politics.

Whilst adversarial questioning may be seen as entertaining, and captures the attention of the public, it also normalises a type of negative, aggressive debating style, and paints a particular picture of what democratic politics looks like, and of what parliaments do. The snappy soundbites and shouting that define PMQs and Question Period contribute to a wider environment of negative language and interactions in politics. A growing body of literature spanning different countries has shown that the language and style of political debate have consequences for democratic politics, and can, for example, cultivate an increasingly polarised political environment. Parliaments are a space for the expression of disagreement among political actors. But the routine deployment of vicious insults is arguably not necessary to express disagreement with decisions of the government or Prime Minister, or with technical aspects of policy.

In terms of negative effects on parliament, the key question is whether the incentive structure that encourages conflictual questioning prevents MPs from using questions to scrutinise the government in a meaningful way. If oral parliamentary questions are dominated by political attacks, and MPs must play their parties’ game, there is less room for the kind of detailed scrutiny of the executive which parliaments must be able to perform. Confrontational questions also encourage confrontational answers, leading to a less than ideal deliberative interaction. Concerns about the role of procedures like PMQs in perpetuating negativity in politics should hence be taken seriously, as should the implications of adversarialism for scrutiny.

What can be done?

The incentive structure that leads to an adversarial questioning culture in some parliaments is difficult to dismantle, as it is also related to other components of the political framework, such as the electoral system. Unless parties agree to a ‘truce’ on confrontational questioning, it is difficult to see how meaningful change could happen. But questioning takes place within rules of procedure, and some procedural options can ensure that parliamentarians have both opportunities for spontaneous interaction and a ‘safety valve’ for the expression of conflict, as well as forums for a more focused dialogue with the Prime Minister or ministers, centred around requests for information and explanation.

Evidence from recent research suggests that spontaneous plenary questioning is the least conducive to focused scrutiny – MPs use the opportunity to ask questions on a wide range of topics, and to score political points. This is exacerbated in contexts that are highly party-controlled, like the Australian Question Time or the Canadian Question Period. On the other hand, closed questioning, with questions submitted in writing in advance followed by supplementary questions, creates a forum for more detailed scrutiny. The Irish Dáil provides an illustrative case for how these two types of questioning work together. Oral Questions to the Taoiseach is structured around closed questions, submitted in writing and in advance. Leaders’ Questions allows spontaneous questioning. The two procedures ensure that parliamentarians get both a chance for detailed scrutiny and long-term policy questions, and one for more spontaneous political interactions and topical questions. A similar effect can be achieved if the plenary procedure is complemented by a committee procedure. In the UK, the Commons Liaison Committee – which consists of the chairs of select committees –  complements PMQs with detailed scrutiny of the Prime Minister on a small set of topics, and ministers are questioned separately on a rota at Departmental Question Time.

For procedures to be truly complementary, they must have different features. If one includes closed questions, the other should include open questions; if one is in plenary, the other could be in committee. The Canadian House of Commons recently introduced a Prime Minister’s Question Time on Wednesdays, similar to the UK’s PMQs. The rest of the week, Question Period includes a set of ministers, as well as, occasionally, the Prime Minister. This is a change from the traditional model of Question Period, which included both the Prime Minister and ministers attending questioning every day. By only separating the questioning opportunity for the Prime Minister and not introducing any other procedural changes, the new PMQs turned out to be just as adversarial as the old Question Period model. MPs operate under the same set of rules, and have no incentive to change the style of questioning.

Another procedural element that singles out the Canadian Question Period as a puzzling case of excessive conflictual language is time limits. MPs are allowed 35 seconds to ask a question, and answers must comply with the same time limit. The Australian Question Time is similar, with a time limit of 30 seconds for questions. These are both outliers in the population of questioning procedures that include prime ministers, most of which allow a moderate time limit for questions of up to two minutes. In an environment that already encourages conflictual language, short time limits for questions and answers further incentivise a snappy remark that can make it into a social media clip, as opposed to meaningful scrutiny. Increasing the time limit for questions slightly may facilitate an interaction that allows more elaboration, and which is not exclusively focused on delivering the attack line.

Conclusion

Procedural solutions can ensure that parliament performs its functions well, and that the government is held to account, but they do not remove the broader problem. Adversarial questioning validates and contributes to a political culture of aggressive confrontation and constant negative campaigning. Instead of accepting this as a permanent feature, it is worth continuing to ask whether it is a type of politics that is desirable.

This blog draws on a recent article published in the British Journal of Politics and International Relations, entitled ‘Conflictual behaviour in legislatures: Exploring and explaining adversarial remarks in oral questions to prime ministers.

About the author

Ruxandra Serban is an Associate Lecturer in Democratic and Authoritarian Politics at UCL.

This post was originally published on the Constitution Unit blog and is re-published here with thanks.

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Trends in Canadian Non-Government Legislation: A Tale of Two Houses

By Charlie Feldman1

Non-government legislation warrants close attention as sittings of Canada’s 44th Parliament, 1st Session resume later this month. Thus far this session, the Senate of Canada has seen more Senate Public Bills (SPBs) introduced than in any session in Canadian history, and this record-setting total will only increase. Meanwhile, a trend in the opposite direction appears to be emerging in the House of Commons as fewer Private Members’ Bills (PMBs) – and fewer items of Private Members’ Business overall – are being introduced compared to previous non-pandemic sessions.

While some scholarship exists regarding Private Members’ Bills in the Canadian House of Commons – including in work from its former Law Clerk and Parliamentary Counsel – far less appears to be written on equivalent legislation in the Senate, Senate Public Bills. Current academic attention on the legislative functions of the Canadian Senate focuses on engagement with government legislation and, in particular, the Senate’s increasing rate of amendment. This focus makes sense given recent reforms to the Senate appointment process and their possible effects on partisanship; however, the SPB story is one worth considering. 

While it would be notable on its own if SPBs were increasingly introduced but went nowhere in the legislative process, these bills are increasingly enacted. At this point in the session, more SPBs (8) than PMBs (5) have received royal assent. Might the Upper House currently have the upper hand when it comes to non-government legislation?

The new Senate record in context

The number of SPBs introduced in the Senate in recent parliamentary sessions (1994-present) is illustrated in Figure 1 (keep in mind that the 44th Parliament, 1st Session remains in progress).

Figure 1: Senate Public Bills introduced in recent parliamentary sessions

It should be recalled that parliamentary sessions have different durations and there may be more or less non-government legislative activity given other circumstances – for example, the outbreak of the Covid-19 pandemic in the 43rd Parliament, 1st Session or the abnormally short 40th Parliament, 1st Session (the so-called ‘coalition crisis’). What is particularly striking about the SPB record being set during the 44th Parliament, 1st session is the relative length of the session compared to others. The longest single session in parliamentary history was the recent 42nd Parliament, 1st Session (2015-2019). Over the course of its 1378 days, the Senate sat 308 times and saw 68 SPBs introduced. Contrast that to the current 44th Parliament which so far has seen 138 Senate sittings in its first 600 days (at the time of this writing) but has seen 73 SPBs introduced. In other words, the Senate is seeing more SPBs introduced in less than half the time as observed just two parliaments ago.

As a historical context note based on Library of Parliament data, during the previous 80 parliamentary sessions in which SPBs were introduced (e.g., prior to the current session), the average was 8.6 SPBs introduced each session (median 3.5 SPBs introduced each session).

Wither the PMB?

With respect to the House of Commons, the number of PMBs being introduced is declining relative to the number of SPBs introduced. At the time of this writing, the PMB-to-SPB introduction ratio is at a 30-year low (excluding the abnormally short 40th Parliament, 1st Session discussed above and the first session impacted by the Covid-19 pandemic). The decreasing introduction gap between the two types of bills can be seen in Figure 2 below.

Figure 2: Number of non-government Public Bills introduced in recent parliamentary sessions (Data from LEGISinfo. It is important to recall that SPBs do not carry over from one session to another within the same parliament whereas PMBs are reinstated after a prorogation. In other words, in any second or subsequent session of the same Parliament, the PMB number will automatically include bills from the previous session or sessions of that same parliament that did not complete their legislative journey.)

The drop in introduced PMBs during the 43rd Parliament, 1st Session is explained because the Covid-19 pandemic led to fewer parliamentary sittings and a focus on government legislation responding to the pandemic. However, notice that the 42nd Parliament, 1st Session – the longest single parliamentary session in Canadian history – has a drop from previous sessions. Why would fewer PMBs be introduced in a longer session than in shorter ones that preceded it?

As explained in House of Commons Procedure and Practice“Private Members’ proposals can take the form of a public bill, a motion, or a notice of motion for the production of papers”. As bills are only one aspect of non-government business, it might be suggested that MPs are opting to introduce more motions instead of bills. However, in looking at the other types of private members’ business – motions and notices of motion for the production of papers – a decline similar to that observed with PMBs becomes apparent, as illustrated in Figure 3.

Figure 3: Private Members’ Business (other than bills) in recent parliamentary sessions (Data from the Status of House Business documents for the end of recent parliamentary sessions. See: https://www.ourcommons.ca/DocumentViewer/en/44-1/house/status-business)

Nothing in the parliamentary record clearly explains why MPs not in Cabinet are opting to introduce fewer initiatives. This is an area worthy of further examination and analysis. Importantly, there may be a relationship with the increasing number of SPBs.

Bicameral effects

When an SPB passes the Senate, an MP must be found to sponsor the bill as a matter of Private Members’ Business. MPs not in Cabinet can sponsor one SPB over the course of a Parliament pursuant to Standing Order 86.2(2). If a House sponsor cannot be found, the bill is dropped from consideration, which is rare but occurred earlier this year.

While MPs participate in a lottery to determine the order in which they can advance a matter of Private Members’ Business in their name, SPBs jump the queue. In a 2017 white paper, the Government noted that it might consider “ways to manage Senate Public Bills that delay the replenishment of Private Members’ Business, possibly by having a separate rubric for these bills”.

No action has been taken to revise the process, which has produced some perhaps unexpected results. A particularly notable example is the case of An Act to Recognize Charlottetown as the Birthplace of Confederation. MP Wayne Easter introduced this PMB on March 24, 2016 as Bill C-253 and it never advanced (given Mr. Easter’s position in the lottery). However, the same bill was introduced as an SPB by Senator Diane Griffin on February 15, 2017. That SPB, Bill S-236, passed the Senate, was subsequently sponsored by Mr. Easter in the House, and received royal assent in December 2017. In short, the Senate’s version of the legislation became law before the House version even came up for debate, despite the House version being introduced earlier.

In the current session, some PMBs and SPBs bear striking similarities – including the following: An Act respecting the National Strategy to Combat Human Trafficking (C-308 and S-263), An Act to develop a national framework for a guaranteed livable basic income (C-223 and S-233), and Strengthening Reporting Obligations for Sex Offenders Act (Noah’s Law) (C-336 and S-226). Could it be that some MPs are seeking to advance their initiatives through the Senate in the hopes of having them pass faster than if they were advanced as PMBs in the House? This was the motivation behind the Charlottetown bill.

While the parliamentary rules around similar and identical items are designed to limit one Chamber considering the same thing twice, nothing stops the same initiative from being advanced in each House of Parliament simultaneously. Notably, there is a prohibition against using the legislative drafting services of the House of Commons to advance initiatives for the Senate. The Members By-Law of the House of Commons states that “[t]he funds, goods, services and premises provided by the House of Commons to a Member may not be used to support Senators, the Senate or the Government of Canada in the performance of their duties and functions.”

One other bicameral note warrants mention: When SPBs are received from the Senate, they are subject to review by the House’s Subcommittee on Private Members’ Business (SMEM). That committee reviews non-government public bills against certain criteria and must meet to consider SPBs, regardless whether there are PMBs to consider at the time. Importantly, the committee examines PMBs and SPBs differently. PMBs are subject to a more robust review by SMEM – including in respect of their constitutionality – something that is not required of SPBs. This could, in theory, motivate some to pursue an SPB over a PMB as the Senate has no SMEM-like committee for SPB review.

Conclusion

Parliamentary trends with respect to non-government legislation appear to be changing as more SPBs are being introduced while fewer PMBs and other items of Private Members’ Business are being introduced in the House of Commons.

Further research is warranted on increasing SPB introduction. In particular, has their content changed in recent years? If so, does it relate in some way with Senate composition changes, such as it becoming a gender-equal House for the first time in history? Or, are other activities motivating the SPB rise? Of particular note, recent research demonstrates that senators are now disproportionately lobbied relative to their MP counterparts. Could increased lobbying find expression in increased SPBs?

More research is warranted to explore why individual House legislators not in Cabinet appear to be advancing fewer initiatives in their own right while senators are introducing more. It may be that MPs are increasingly seeking to collaborate with a senator to advance an initiative through the Upper House in the hope that it will complete the legislative process more quickly. Whether the government will seek to encourage the House to reform practices in this area – as suggested in its 2017 white paper – remains to be seen. With Parliament’s imminent return, however, non-government legislation in Canada’s Parliament warrants a watchful eye.


  1. President of the Canadian Study of Parliament Group. The views in this work are those of the author and not of any employer. ↩︎
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Our Survey Says (Part 2): A Few Interesting Nuggets about Committee Prestige

By Stephen Holden Bates, Caroline Bhattacharya and Stephen McKay

Just like in Family Fortunes[i] but by chance rather than by design, 100 people responded to our survey[ii] about the prestige of different select committees (SCs) in the UK House of Commons (HoC).[iii]

From a score of one to five (with five being the most important), respondents were asked to rate the prestige of UK HoC SCs, permanent oversight committees of three main types: (i) Departmental, which scrutinise corresponding government departments; Domestic/Administrative, which are concerned with various aspects of the internal workings of Parliament; and Other Scrutiny, which focus on issues that cut across government departments.

The average committee received a prestige score of 3.03 with Departmental SCs receiving an average of 3.21, Domestic/Administrative 2.96, and Other Scrutiny 2.74. The highest ranked committee was, perhaps unsurprisingly, the Treasury SC (4.48) with the lowest being the punctuationally-anachronistic Consolidation &c. Bills Joint Committee (1.94), which considers Bills that “bring together a number of existing Acts of Parliament on the same subject into one Act without amending the law”.

Figure 1 ranks SCs from most to least prestigious according to the results of the survey. There are perhaps some results which deserve greater attention than others. For example, we may wonder whether the Standards and Privileges SCs would be ranked so highly if the survey hadn’t taken place in the aftermath, or at the same time, as their high-profile inquiries into the behaviour and probity of various MPs, such as Chris Pincher, Matt Hancock, Margaret Ferrier and the former Prime Minister, Boris Johnson. We may also be a little surprised at the lowly rankings of the Northern Ireland, Scottish and Welsh Affairs SCs, perhaps not in relation to other Departmental SCs but maybe in relation to some of the Other Scrutiny and Domestic/Administrative SCs. Finally, those of us who are concerned about the climate crisis (which, let’s face it, should be all of us) may be perturbed by the fact that the three environment-related committees all appear in the bottom half of the table.

Table 1 shows the difference between a committee’s overall ranking and the ranking by different types of respondents. Results with a green font colour indicate a committee which is at the top of the list of those ranked higher by that type of respondent than the overall rankings; those with a red font colour indicate a committee which is the top of the list of those ranked lower. As can be seen, when it comes to departmental and other scrutiny SCs, MPs and their staff who answered the survey think that the International Trade, International Development, Scottish Affairs and, especially, the Levelling Up, Housing & Communities SCs are more prestigious than the average respondent, whereas Work & Pensions, Women & Equalities and the Human Rights Joint Committee are less prestigious. In addition, the Exiting/Future Relationship with the EU Committee is considered more prestigious by parliamentary staff and less prestigious by academics. Some interesting results can also be observed with Domestic/Administrative SCs. Both academic and parliamentary staff respondents believe the Procedure and Petitions SCs are more prestigious than MPs and their staff do, whereas the situation is reversed when it comes to Backbench Business.

Figure 1: Ranking of Select Committees by Prestige
Overall RankingCommitteeDifference between overall ranking & ranking by
AcademicsMPs & their StaffParl. Staff
1Treasury0-10
2Foreign Affairs-210
3Public Accounts1-20
4Home Affairs110
5Defence-110
6Liaison10-1
7Health & Social Care0-11
8Privileges010
9Standards-4-40
10Public Administration & Constitutional Affairs-10-1
11Education2-4-4
12Business & Trade01-1
13Exiting/Future Relationship with the European Union -613
14Human Rights Joint Committee4-112
15Justice0-2-1
16National Security Strategy Joint Committee07-2
17Work & Pensions0-60
18Procedure4-84
19Culture, Media & Sport130
20Backbench Business-22-3
21Energy Security & Net Zero10-1
22Transport12-4
23International Trade-442
24Levelling Up, Housing & Communities010-1
25Environment, Food & Rural Affairs-331
26Petitions3-56
27Science, Innovation & Technology20-1
28International Development24-3
29Women & Equalities0-80
30Environmental Audit0-63
31Administration-731
32Finance-23-1
33Selection21-4
34European Scrutiny24-1
35Northern Ireland Affairs2-33
36Statutory Instruments Joint Committee-422
37Statutory Instruments-441
38Arms Export Controls3-20
39Scottish Affairs450
40Regulatory Reform-400
41Welsh Affairs2-10
42European Statutory Instruments5-10
43Consolidation &c. Bills Joint Committee120
Table 1: Difference between overall ranking and rankings by different types of respondents

Table 2 compares the rankings and scores of female and male respondents. A positive number indicates that female respondents scored/ranked that committee higher than male respondents and a negative number that they scored/ranked that committee lower. As can be seen from the lists, all committees which scrutinise policy areas stereotypically seen as feminine are ranked/scored higher by female respondents than male correspondents – Women & Equalities most notably – and only two committees which scrutinise policy areas stereotypically seen as masculine (Business & Trade and Environment, Food & Rural Affairs). Although, of course, no firm conclusions can be drawn from our survey results, they do contribute in a small way to important debates about who gets to define which committees are prestigious. For example, Franchesca Nestor is currently undertaking interesting work about whether influential measures of committee prestige used to rank US congressional committees fail to take into account the fact that different groups of legislators may have systematic differences in their views of which committees are prestigious and that, consequently, prestige is understood in relation to what the majority group (i.e. white, middleclass, male representatives) do and think. It would be intriguing to delve into this issue more deeply this side of the pond…

CommitteeDifference between Female & Male RankingDifference between Female & Male Scores
Women & Equalities80.87
Energy Security & Net Zero60.61
Northern Ireland Affairs60.6
Human Rights Joint Committee40.58
Levelling Up, Housing & Communities40.56
International Trade40.53
Regulatory Reform40.5
Culture, Media & Sport40.45
Welsh Affairs30.51
Scottish Affairs30.44
Finance20.47
Business & Trade20.42
Privileges20.38
Health & Social Care20.36
Education20.36
Arms Export Controls20.32
Petitions10.48
Environment, Food & Rural Affairs10.43
Public Accounts10.12
International Development00.53
Science, Innovation & Technology00.5
Selection00.32
European Statutory Instruments00.31
Work & Pensions00.27
Consolidation &c. Bills Joint Committee00.24
Standards00.2
Home Affairs00.09
Treasury0-0.04
Environmental Audit-10.48
Exiting/Future Relationship with the EU -10.17
Foreign Affairs-1-0.06
Liaison-1-0.07
European Scrutiny-20.26
National Security Strategy Joint Committee-20.19
Defence-3-0.15
Statutory Instruments Joint Committee-40.17
Transport-50.18
Public Admin. & Constitutional Affairs-5-0.08
Justice-60.07
Statutory Instruments-60.05
Procedure-70.07
Administration-8-0.01
Backbench Business-90.14
Table 2: Comparison between the scores and rankings of female and male survey respondents

[i] Or Family Feuds in the US, or Familien-Duell in Germany.

[ii] The survey was run as part of Stephen Holden Bates’ 2021-22 Parliamentary Academic Fellowship, which was funded by the UKRI/ESRC Impact Acceleration Account, and is part of on-going work looking at the impact of membership patterns on the work and outputs of select committees.

[iii] 100 people answered our online survey between 22nd May and 18th July 2023. The survey was aimed at experts, although we allowed anyone to answer, and was distributed via Twitter, the newsletter of the UK Political Studies Association’s Parliaments Specialist Group and through email contacts. Of the 100 respondents, 30 were parliamentary staff in the House of Commons, 15 were academics, 13 were MPs, 12 worked for MPs, and 10 were parliamentary staff beyond the HoC, with the other 20 compromising members of the public, journalists, people who work for think tanks, and ‘other’. Overall, 30 respondents were female, 63 were male and seven preferred not to say; no respondent said their gender was not the same as the sex they were assigned at birth. Seven respondents said they belonged to a group which was considered an ethnic minority in the country in which they worked, 86 said they did not belong to such a group and seven preferred not to say. Four respondents were removed for the analysis presented in this blog, as there were problems with their answers and/or they did not complete the survey properly.

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Our Survey Says (Part 1): No Real Surprises about the Importance of Parliamentary Work

By Stephen Holden Bates, Caroline Bhattacharya and Stephen McKay

Just like in Family Fortunes[i] but by chance rather than by design, 100 people responded to our survey[ii] about the importance of different elements of MPs’ work in the UK Parliament.[iii]

From a score of one to five (with five being the most important), respondents were asked to rate the importance of a non-exhaustive list of parliamentary activities. As can be seen in Table 1, contributing to the work of Select Committees is considered the most important aspect of MPs’ work by quite a distance. Next, bunched together quite closely, are, in order, debating in the Chamber, Public Bill Committee (PBC) work and tabling Written Questions (WQs). There is then a bit of a gap to tabling Private Members’ Bills (PMBs) and then another to introducing and to signing Early Day Motions (EDMs).

RankActivityAverage Score (max = 5; min = 1)
1Contributing to the work of Select Committees4.12
2Debating in the Chamber (including Westminster Hall)3.81
3Contributing to the work of Public Bill Committees3.60
4Tabling Written Questions3.54
5Tabling Private Members’ Bills2.73
6Introducing Early Day Motions1.70
7Signing Early Day Motions introduced by another MP1.43
Table 1: The Importance of MPs’ Parliamentary Work

None of this is perhaps particularly surprising. Select committees are often considered both to be Parliament ‘at its best’ and to overshadow Public Bill Committees, and the House of Commons has traditionally been seen as a deliberating parliament par excellence.

Although we don’t, of course, have enough respondents to draw robust conclusions, what may be considered more intriguing results come when we look at the rankings of different types of respondents. For example, female and male respondents both ranked the activities in the same order as in Table 1 but, interestingly, female respondents ranked each activity at least 0.29 and as much as 0.67 higher than male correspondents. Furthermore, as shown in Table 2, while academics, MPs and their staff, and parliamentary staff agree that tabling PMBs and introducing and signing EDMs are the 5th, 6th and 7th most important activities respectively, there is disagreement at the top of the rankings. MPs and their staff appear to place greater importance on the talking elements of Parliament, ranking debating in the Chamber first. Academics, on the other hand, rank debating in the Chamber fourth, seemingly placing greater importance on the working elements of Parliament and, in particular, committee work and WQs.

ActivityRank
AcademicsMPs & their StaffParl. Staff
Contributing to the work of Select Committees121
Debating in the Chamber (inc. Westminster Hall)412
Contributing to the work of PBCs2=34
Tabling Written Questions3=33
Tabling PMBs555
Introducing EDMs666
Signing EDMS introduced by another MP777
Table 2: The Importance of MPs’ Parliamentary Work by Different Groups of Respondents

These results might raise questions about how different groups of people who variously engage with Parliament understand its importance[iv] and place different emphases on the functions that it fulfils – and should fulfil – in our political life. Such differences might perhaps be fruitfully explored in future qualitative work.


[i] Or Family Feuds in the US, or Familien-Duell in Germany.

[ii] The survey was run as part of Stephen Holden Bates’ 2021-22 Parliamentary Academic Fellowship, which was funded by the UKRI/ESRC Impact Acceleration Account, and is part of on-going work looking at specialisation in the UK House of Commons.

[iii] 100 people answered our online survey between 22nd May and 18th July 2023. The survey was aimed at experts, although we allowed anyone to answer, and was distributed via Twitter, the newsletter of the UK Political Studies Association’s Parliaments Specialist Group and through email contacts. Of the 100 respondents, 30 were parliamentary staff in the House of Commons, 15 were academics, 13 were MPs, 12 worked for MPs, and 10 were parliamentary staff beyond the HoC, with the other 20 compromising members of the public, journalists, people who work for think tanks, and ‘other’. Overall, 30 respondents were female, 63 were male and seven preferred not to say; no respondent said their gender was not the same as the sex they were assigned at birth. Seven respondents said they belonged to a group which was considered an ethnic minority in the country in which they worked, 86 said they did not belong to such a group and seven preferred not to say. Two respondents were removed for the analysis presented in this blog, as there were problems with their answers and/or they did not complete the survey properly.

[iv] Left deliberately undefined in the survey because we didn’t want to impose our understanding of what activities were/should be considered important within the UK Parliament on the respondents.

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A Nation of Petitioners: people and Parliament in the nineteenth century United Kingdom

Between 1780 and 1918 over 1 million public petitions were sent to the House of Commons from across the UK. These petitions contained a staggering 165 million signatures. While was part of a wider growth of mass, collective petitioning to national legislatures across North America and western Europe, the scale of petitions in the nineteenth-century UK was historically exceptional. In this blog, I discuss themes from my recent book A Nation of Petitioners: Petitions and Petitioning in the United Kingdom, 1780-1918 (Cambridge University Press, 2023) relevant to those working on parliamentary studies. 

During the nineteenth century, petitioning was transformed in the UK and other polities, including the USA, into its modern form as a participatory practice linked to representative institutions. Older traditions of petitioning the monarch sought the redress of personal, local, or sectional grievances. By contrast, the new style of petitioning was used by citizens and subjects to raise topics of national importance, make claims for citizenship and political rights, and organise massive popular campaigns in a pre-democratic era, including for the abolition of slavery and women’s suffrage

Through examining the monumental scale of petitions in this period, A Nation of Petitioners has a number of themes relevant those interested in parliaments in general and the UK Parliament in particular. 

First, petitions are crucial to understanding the authority and legitimacy of Parliament, particularly the House of Commons, during an era of democratisation but not democracy. Petitions institutionalised regular public engagement with Parliament on a colossal scale. Millions of British people interacted with Parliament and parliamentarians through petitions, and this remained the case even after the franchise was extended by the First and Second Reform Acts passed in 1832 and 1867. Indeed, it was not until the later 1880s, after the passing of the Third Reform Act (1885), that the registered electorate began to exceed the annual total of signatures on petitions to the House of Commons. The position of the aristocratic House of Lords was also strengthened by the tens of thousands of petitions it received. The massive waves of petitioners, even radical critics, submitting their requests to Parliament, confirmed the legislature’s authority and to an extent, legitimated, an assembly elected under limited suffrage.  

At the same time, petitions could challenge the authority and legitimacy of Parliament when they claimed to represent a wider people than that which elected MPs. The three massive Chartist petitions of 18391842, and 1848, calling for democratic reforms and signed by millions of working-class men and women presented just such a challenge. Recent studies of the post-2016 debates over Brexit have noted the tension between parliamentary sovereignty (based on an electoral mandate) and popular sovereignty (based on the majority in the referendum). The example of the nineteenth century suggests that the tension between parliamentary and popular sovereignty is a latent dynamic in parliamentary systems of government, albeit one that has been relatively well-contained in an era of universal suffrage when MPs could usually claim an unmatched democratic mandate. 

Second, petitions were central to the evolving system of parliamentary representation. Like e-petitions today, nineteenth-century petitions provided a form of ‘linkage’ between citizens and Parliament, particularly outside elections. Petitions were an essential tool for making representative claims by both parliamentarians and petitioners. Through presenting petitions and interacting with petitioners, MPs and peers acted as representatives, even when they disagreed with petitioners. Presenting petitions enabled both geographic and issue-based representation. Petitioning also enabled the representation from different nations (Ireland, Scotland, and Wales as well as England) within the UK and also from groups, such as women, who were formally excluded from voting in elections or sitting in Parliament at this time. Petitions were also presented from settlers and colonised peoples from within the British empire who were not formally represented in Parliament. 

MPs typically presented petitions from their constituencies or on issues that they were associated with. Peers usually presented petitions from areas they were associated with through landownership or had formerly represented when in the Commons; bishops, or spiritual peers, were often tasked with presenting petitions on religious or moral questions, including temperance. Presenting petitions allowed Victorian MPs who did not trouble Hansard reporters to represent their constituents. Henry Lowther, who sat as MP for Westmorland for 55 years was known as the ‘silent colonel’ due to his lack of contribution to debates; yet he still presented over 400 petitions. Presenting petitions and corresponding with petitioners was an important part of the hidden, largely unsung practice of representation that MPs like Lowther did, and emphasises the varied ways that parliamentarians represented the public outside elections.

Finally, petitions to the House of Commons declined in the early twentieth century. This was part of a trend also evident in other countries such as the USA or France. Petitioning did not decline as a form of political participation, but was rather displaced from national legislatures to a wider range of national and international authorities, including in the British case, Number 10 Downing Street. Unlike petitions to Parliament, these other types of petitions were rarely formally recorded which explains their invisibility in studies of twentieth-century British politics and history. The executive’s increasing control of the legislature in the twentieth century encouraged British citizens to appeal to other authorities, although Parliament did still receive large mass petitions on occasion, such as the three petitions about pensions during the Second World War. MPs and officials missed an opportunity to rethink petitioning tool for public engagement with Parliament in the 1970s; the unimaginative conventional wisdom of the time preferred to abolish the Petitions committee instead.

Given this historical context, the recent emergence of legislative e-petitions systems in the UK and in many other democracies is significant for reasserting parliaments as the primary institution for receiving petitions from citizens. There are some important differences of course. In an era of universal suffrage, petitioners do not perhaps pose the same challenge to representatives. In terms of representation, because citizens can usually upload their petitions to a parliamentary web platform rather than through the medium of an MP, they do not provide the same interaction between citizen and representative, although they do provide a form of public engagement with Parliament as an institution. Today, the UK Parliament’s Petitions Committee offers a wide range of actions that go far beyond the limited or ‘descriptive’ petitions system of the nineteenth century, where petitions were presented but no further action was taken. E-petitions then provide an opportunity for the UK Parliament and other legislatures to re-engage citizens, albeit in very different ways from the nineteenth century. 

Henry Miller is Associate Professor (Research) at Durham University. This blog draws on his book A Nation of Petitioners: Petitions and Petitioning in the United Kingdom, 1780-1918 published by Cambridge University Press in February 2023. 

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The Parliamentary Battle over Brexit: The Story in Brief

Our new book, The Parliamentary Battle over Brexit, was published on 23 March. It focuses on the disputed role of parliament in the Brexit process, exploring how this most central UK democratic institution became embroiled in such controversy, and what the Brexit period demonstrates about the wider state of politics. 

The first and most basic question answered by the book is what actually happened in these troubled years. This is a long and complex story. Different narratives developed, often fed by competing players, which were frequently partial and sometimes downright misleading. The book seeks to provide an objective account, based on the public record and interviews with insiders. What follows is only a very brief summary (adapted from part of the closing chapter), drawing out some important themes.

The need to restore sovereignty to parliament was a long-time argument of Eurosceptics. While the institution’s own role in Brexit rose to prominence after the referendum, it also served (as discussed in Chapter 2) as a key forum for helping to bring this vote about. Backbench MPs—assisted on occasion by Speaker John Bercow’s unconventional interpretation of the rules—generated significant pressure for a referendum. Notably, not all of them favoured exiting the EU. Some, in a similar way to Prime Minister David Cameron, saw the referendum as a way to make an awkward question go away. Based on polling, there was little expectation of a Leave victory, and this prospect was not taken particularly seriously. Parliament held no major debate on the merits of Brexit to air the arguments; the Leave campaign set out no detailed prospectus to voters; and the civil service was forbidden from preparing. Consequently, the dilemmas and trade-offs that dominated subsequent debates were barely mentioned before the referendum. As an interviewee from the strongly pro-Brexit European Research Group of MPs (ERG) acknowledged, ‘it was only [after the referendum] that different types of Brexit started coming to the fore. Soft Brexit and hard Brexit had never been canvassed before the referendum; the expressions were coined afterwards.’ This lack of definition greatly stoked the bitterness of the following years.

The unexpected Leave result triggered the Prime Minister’s resignation, and Conservative MPs elected Theresa May in his place (Chapter 3). She was, in the words of one interviewee, ‘blood and bone a party woman’, with her deep commitment to public service if anything surpassed by her commitment to the Conservative Party. But that party was severely divided over Brexit. Labour, too, was now internally split, with some party heartlands having voted strongly for Remain and others for Leave. Labour leader Jeremy Corbyn was already unpopular in his parliamentary party, and it tried but failed to remove him after his lacklustre performance in the referendum campaign. This left both party leaders significantly compromised.

The uncertain question of how to implement Brexit now passed over to parliament. Many feared that a Remainer-dominated House of Commons would seek to undermine the referendum result, and May’s instinct was to rely as far as possible on pursuing Brexit using prerogative powers. But the enormity of the question understandably led parliamentarians to seek oversight of the next steps (Chapter 4). This provoked an institutional conflict between government and parliament. The courts were also drawn in, via Gina Miller’s first legal case arguing for parliament’s role in the triggering of Article 50. This resulted in defeat for the government and the infamous Daily Mail headline labelling the judges ‘enemies of the people’. Rather than cooling down the conflict, May’s government sought to exploit it, in order to appear the people’s defender.

Shortly afterwards, the Prime Minister justified her calling of a snap election in 2017 (Chapter 5), by arguing—on shaky empirical grounds—that parliament was standing in the way of Brexit. But the election weakened her position, resulting in a minority government, dependent on a confidence-and-supply agreement with the Northern Ireland DUP. The closeness of the result raised hopes among former Remainers that Brexit might be blocked, which further fuelled polarization and discouraged the spirit of compromise required to navigate the subsequent stages.

May’s early positioning (her initial ‘red lines’) incorporated the demands of her party’s hardliners—including that the UK should leave the Single Market and Customs Union. But when formal negotiations with the EU began (Chapter 6), her team came to recognize the trade-offs, particularly concerning the protection of the Belfast/Good Friday Agreement. Avoidance of a hard border on the island of Ireland would require continued close alignment with the EU, which was unacceptable to hardline Brexiteers, while a ‘border down the Irish Sea’ between Great Britain and Northern Ireland was unacceptable to unionists, and in particular the DUP.

These difficulties, and May’s rhetoric that ‘no deal is better than a bad deal’, raised concerns about failure to reach an agreement with the EU, and a possible no-deal Brexit. That would imply a hard border for Northern Ireland, and likely severe economic consequences. Partly to avoid it, a small number of moderate Conservative rebel MPs backed demands for a ‘meaningful vote’ in parliament on the final Brexit plan (Chapter 7). The extent of Conservative splits became very apparent when David Davis and Boris Johnson resigned from May’s Cabinet over her ‘Chequers’ proposals in July 2018, and further ministers departed in November over her final Brexit deal. The primary sticking point was the ‘backstop’—a compromise arrangement to avoid the border problem, demanding significant future all-UK alignment with EU rules (plus some special arrangements for Northern Ireland). When MPs voted on this deal in January 2019 it was overwhelmingly defeated, by 432 votes to 202. More than a third of the parliamentary Conservative Party—118 MPs—opposed it, 90 of whom were former Leave supporters. Most former Conservative Remain supporters, in contrast, voted for the deal.

There followed months of parliamentary wrangling, during which May’s deal was defeated twice more (Chapter 8). Crucially, hardline Conservative Brexiteers (dubbed the ‘Spartans’) repeatedly refused to accept it. May expressed strong frustrations with parliament, but never explicitly criticized her backbench opponents. Boris Johnson)—who had voted against the deal on the first two occasions—responded by arguing that it was ‘wrong in every sense to blame MPs for blocking Brexit’.

At this point, Conservative backbench moderates took further action to avoid a no-deal Brexit, including through backing temporary suspension of ministers’ control of the Commons agenda to facilitate ‘indicative’ votes on alternative Brexit options. But with near-universal Conservative opposition to every option, they were all defeated. Meanwhile, other parties continued to reject the deal. All that MPs could agree on was instructing Theresa May to negotiate extensions to the Article 50 period. The polarization and failure to compromise which characterized this period was painfully summed up by senior Conservative Brexiteer Charles Walker, who commented that ‘the losers do not know how to lose and the winners do not know how to win’.

It was in these circumstances that Boris Johnson—who had adopted a mantle as the authentic voice of Brexit, denouncing May and voting against her deal—was elected in her place (Chapter 9). Parliament entered its 2019 summer recess immediately afterwards, without any formal test of confidence in Johnson. Before its return, he requested a five-week prorogation, potentially to help facilitate a no-deal Brexit. This led to the second government defeat in the Supreme Court on a Brexit-related matter. Before the court case, Johnson had stripped the whip from 21 Conservative MPs (17 of whom had consistently voted for May’s deal), for facilitating what he dubbed the ‘Surrender Act’—a non-government bill requiring pursuit of a further Article 50 extension unless parliament voted for a Brexit plan.

This parliamentary blocking of a no-deal Brexit drove Johnson to agree an alternative deal with the EU, which was put to the House of Commons in October (Chapter 10). It was essentially a package previously rejected by Theresa May, which included close EU alignment for Northern Ireland only, thus requiring a ‘border down the Irish Sea’. Rather than subjecting the deal to parliamentary scrutiny, Johnson demanded a new general election, which was eventually conceded by MPs. He fought this on a slogan to ‘get Brexit done’, and a manifesto which—in direct contradiction to his own earlier comments—accused MPs of ‘refus[ing] to deliver Brexit’, and of ‘thwarting the democratic decision of the British people’. The Conservatives won an 80-seat majority, and the UK’s exit from the EU followed on 31 January 2020.

This story clearly contains many contradictions. In particular, Johnson’s rhetoric that parliament had failed to ‘get Brexit done’ was fundamentally inaccurate. He himself had voted with the hardliners against May’s deal on the basis that it wasn’t an authentic Brexit. They dismissed it instead as ‘BRINO’—Brexit in name only. But this group never had a detailed plan of its own. A ‘pure’ Brexit, eschewing all EU regulatory alignment, would have required a hard border on the island of Ireland, and presented major obstacles to an ambitious trade deal with the EU. May’s negotiated compromise sought to avoid these risks, while delivering on the Leave result. Johnson only ‘got Brexit done’ by returning to a version of the deal that May had rejected, due to the problems that it threatened for Northern Ireland. This central disagreement about what Brexit should mean was facilitated by the original lack of clarity in the referendum. But it took place between May’s government and Johnson’s supporters—not between the institution of government and the institution of parliament. The Conservative MPs who blocked May’s deal, including Johnson himself, believed that they were defending Brexit, rather than undermining it. This made it wholly misleading to blame parliament for ‘thwarting’ Brexit, when those involved had in fact used parliament to pursue an argument with May’s government. Yet this was the story that Johnson’s manifesto told, profiting from a growing anti-parliamentary rhetoric that had developed under her premiership.

Summing up, a saga that began with demands to enhance the sovereignty of parliament gradually developed into one where parliament was vilified. The central arguments over Brexit were always—and indeed remain—those inside the Conservative Party. However, it suited most of these internal protagonists for parliament to get the blame.

Meg Russell is Professor of British and Comparative Politics and Director of the Constitution Unit at UCL.

Lisa James is a Research Fellow in the Constitution Unit. 

© Meg Russell and Lisa James

Adapted extract from The Parliamentary Battle over Brexit published by Oxford University Press in March 2023, available in paperback and eBook formats, £25.00 

https://global.oup.com/academic/product/the-parliamentary-battle-over-brexit-9780192849717?q=parliamentary%20battle&lang=en&cc=gb
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Love in the Legislature: From Proposal to “Aye Do”

Legislators are not often thought of as romantics, yet time and again a representative Romeo has popped the question from the floor of the legislature. The path of Cupid’s arrow through capitals has crisscrossed parliaments and assemblies around the world, and is likely to strike again this Valentine’s Day as legislators hope to go from working across the aisle to walking down it.

Perhaps most famously, a congressman proposed to a congresswoman on the floor of the US House of Representatives in August 1993. As told by Rep. Susan Molinari, when Rep. William L. Paxon dropped to one knee to propose to her mid-sitting, “I said, ‘Yes—but get up’” (available here). While the proposal itself was not on the record, another member later rose to the House to tell the story as follows:

Mr. MCNULTY: Mr. Speaker, while I was acting as Speaker pro tempore yesterday, I was approached on the podium, first by our colleague, the gentleman from New York [Mr. PAXON], who notified me that during the course of the debate which was ongoing at the time, he had proposed marriage to our colleague, the gentlewoman from New York, [SUSAN MOLINARI], who then came to the podium and told me she accepted. (Congressional Record – August 5, 1993 at page 19301)

Other Members also offered their good wishes, including one who offered wishes for “many, many healthy and happy children, and may they all grow up to be good Democrats” (ibid at 19305). Reps. Molinari and Paxon were both Republicans. 

Those hoping to hear “Aye Do” can be found in the annals of many US state legislatures. In 1947, the lone woman legislator in Arkansas (Rep. Alene Word) was interrupted mid-speech by Rep. Dan Stephens who asked “Mr. Speaker, is a proposal of matrimony from the floor in order?” The press reported that both the Speaker and Rep. Word responded “Yes”, but that it was unclear whether Ms. Word’s affirmative response was to the proposal being in order or accepting the proposal itself.

Of course, it is not always legislators proposing to one another in the legislature. At the end of its 2015 sitting, Missouri legislators watched as Rep. Shelley Keeney, who was presiding at the time, was proposed to by her boyfriend. Another legislator had gotten the chair’s attention and directed her gaze to the gallery for the “special introduction of a special guest”. As Rep. Keeney was distracted and looking to the gallery, Mr. Taylor appeared on the dais on one knee, ring in hand, and the video (available here) clearly shows Rep. Keeney’s surprise. Rep. Keeney informed the House that her answer was “definitely yes” to applause and cheers, though she added she was “pretty sure there are a lot of people who have some explaining to do”, presumably in reference to Mr. Taylor accessing the House floor and coordinating with other members. 

In a most unique case, in 1994 a TV reporter in Alaska who covers the legislature coordinated with a member of the House to propose to his girlfriend, a newspaper reporter also covering the Alaska State Legislature. The legislator read the first reporter’s proposal aloud on the House floor as the second reporter sat stunned at the press table. The ring was happily accepted and the Speaker announced that the answer was yes. The House erupted in cheers and applause.

Most often, the proposal is one from a representative on the floor to someone in the gallery. Examples include Oklahoma State Rep. Clay Pope proposing to his girlfriend in the gallery in 1990, Washington State Senator Jim West doing the same in 1995, and Georgia State Rep. Rep. Jeff Williams following suit in 2002. A twist, however, can be found in Florida’s House, where a guest from the gallery was escorted to the well of the House whereupon the engagement took place much to her surprise. The presiding officer, Marco Rubio (now US Senator), noted that there was a process to be followed and accordingly asked whether the House supported a resolution affirming of the marriage. While the voice vote was conclusive, the electronic vote tally was announced as 105-0 (video available here, beginning at 42:35, vote result at 47:28).

Legislators hoping for cloture of their courtship within the assembly can be found across the globe. In 2017, a member of Australia’s House of Representatives proposed to his same-sex partner as the legislature debated gay marriage. The Speaker clarified for the Hansard record of debate that there was a resounding yes from the gallery, adding “Congratulations; well done mate” (available here). 

While the debate around love may have inspired the legislative proposal down under, less romantic debates have also cued Cupid’s arrow. In 2013, a member of the Congress of the Philippines popped the question during a heated budget debate (available here). Perhaps this was wise: It’s often said that couples should discuss finances before heading down the aisle! 

At least two Canadian legislators rose during proceedings with rings in hand. In May 2022, Rick Glumac proposed mid-speech in the Legislative Assembly of British Columbia to his girlfriend, Haven Lurbiecki, who was seated in the gallery. He asked the question but, given the ensuing applause and cheers of collogues, indicated to the Assembly that he was unable to hear the answer and left to verify it. The happily-engaged couple gave many interviews later (available here). 

While some media reports suggested this was a Canadian first, on Valentine’s Day 2018, a member of Quebec’s National Assembly, Éric Lefebvre, proposed to his girlfriend, Geneviève Laliberté, then seated in the gallery. Before proposing, Lefebvre spoke of the role played by politicians’ partners in supporting them and then apologized to the Speaker that he would break protocol by addressing his remarks to the gallery (the video in French is available here). Once the question was popped and the applause died down, the presiding officer – speaking to the gallery – indicated that he did not wish to intrude upon the woman’s personal life but felt that the record should reflect an answer. Indeed, she said “oui” (Québec’s proceedings occur primarily in French). 

A close Canadian call is worth noting. According to a press report, MP Guy Lauzon had hoped to propose in the House itself in 2004 (whether from the floor is unclear) but it was thwarted by an emergency debate. He proposed in the parliamentary restaurant instead. While on the subject of food, a Queensland representative proposed after a members’ swearing-in breakfast 2009, confessing to hiding the ring in a Parliament House fridge. MP Rob Messinger hid the ring alongside some cheese slices and told the press “I was just really happy she wasn’t hungry for cheese this morning!”

Not every marriage proposal in a legislature might be what it first seems. A member of the Italian Parliament took to the floor during a debate on earthquake relief in 2019 to propose, jewelry box in hand (the video in Italian is available here). This grand gesture garnered the support of colleagues, met the scolding of the Speaker (for the breach of protocol) and made headlines across the globe; however, Italian press reports it was actually a stunt: The couple was already engaged with a venue for the wedding already booked (the video in Italian is available here). 

As romantic as some these examples might be, one of the earliest examples of a legislator popping the question mid-session is decidedly the opposite. In 1949, Idaho State Rep. E.A. Snow asked whether the Lady from Ada (Ms. Miller) would take a question. He asked whether or not she would marry him and, according to most press reports, she turned red and sat down leaving the query unanswered. The Speaker ruled the question “leading” and that she did not need to answer, though a short time later she came to the floor to accept the unexpected proposal. Several months later indeed she got married – albeit it to a different man, reporter Sandor S. Klein. In an interesting twist, it was Klein’s reporting on the engagement in the legislature that brought him to Ms. Miller’s attention – reportedly, she called him to a meeting to complain of his reporting only for romance between them to blossom. 

Both for legislators and legislative staff, legislatures can be romantic places. Indeed, engagements involving staffers have happened from the floor of the UK House of Commons (available here) to the floor of the Massachusetts House of Representatives (available here). In 1965, the Associated Press ran a story under the headline “Legislator Wins 1-0 Marriage Proposal Vote” about freshman Congressman Andrew Jacobs Jr. arranging for floor access after an adjournment to pop the question. In a line that would perhaps raise more eyebrows now than it did then, the AP reported that “Ms. Welsh, 22, and her congressman-boss plan to marry sometime in May”.

Legislators planning their nuptials face many of the same struggles as any other couple: ensuring sufficient appropriations for the big day and finding someone who will understand that a toast is not an occasion to filibuster. Planning a wedding and honeymoon around the legislative calendar is no easy feat, nor is figuring out a seating chart that works across party lines. 

Of course, there’s always the possibility of just getting married on the floor of the legislature itself, as one Florida representative did in 2002 (available here). However, it may be that a legislative record of proceedings is less than desirable – as reported in that case “The wedding was approved by an 83 to 9 vote, and [Speaker] Feeney correctly ruled that the nine objections were out of order.” Similarly in 1997, a California rep married in the legislature – reportedly both caucuses wanted to meet privately with the couple beforehand. For the occasion, the aisle that separates Republicans and Democrats was covered in rose petals. Here comes the bipartisan bride indeed. 

Charlie Feldman is President of the Canadian Study of Parliament Group and a hopeless legislative romantic. 

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Evidence use by parliamentary committees: what is it good for?

Select committees in the UK House of Commons are the principal mechanism by which Parliament holds government to account, which can be highly influential on government policy and legislation. While many adopt distinctive approaches and styles to undertake their scrutiny work, a key element of all committee work is the basis of their scrutiny through an evidence-gathering process. Many of us are familiar with oral evidence: combative sessions between chairs and ministers, emotional testimony from high-profile witnesses, or significant and detailed information-gathering with academics, NGOs, think tanks and businesses. Alongside these sessions, committees receive large volumes of written evidence from a whole host of groups and individuals to share their perspectives on a policy question under scrutiny. Evidence, then, is an everyday part of committee work. But how well is the process working? What are the practices of gathering and using evidence? That’s exactly what I wanted to find out in my 12-month parliamentary academic fellowship, organised by the Parliamentary Office for Science and Technology (POST).

In autumn 2021, I set out to review and study trends and practices of evidence use by committees. Although recent research has begun to shed light on the role of evidence in Parliament (especially POST’s own landmark report from 2017), I was intrigued to examine the everyday practices and judgements made by MPs and officials as they directly engage with, question and handle evidence. To study their views, I therefore undertook interviews with 50 participants (26 MPs and 24 officials) to reflect on the processes and practices for gathering, analysing and using select committee evidence. There are some unsurprising findings: written evidence makes up the bulk of evidence and is indeed seen as the main source of information for officials. MPs’ own engagement focuses on oral evidence, which are usually divided into information-gathering or accountability types of hearing.

Alongside these findings, I found three trends that are impacting the way that committees gather, analyse and use evidence. First, there is a much bigger focus on ‘lived experience’ as a form of evidence to support formal and informal evidence-gathering than in the past. Committee members, in particular, value direct engagement with the public and with those that come into direct contact with government policy. As a result, committees have sought to innovate with the use of social media to elicit questions, use of surveys to understand the public’s views of government policy, and focus groups to get more qualitative and in-depth knowledge. 

Second, committees’ long-standing interest and tradition in gaining a diversity of political viewpoints is being matched by an emphasis of diversity on witnesses’ personal characteristics. Increasingly, committees see it as important to make sure that their evidence reflects the make-up of wider society. 

Both of these factors come out of a third trend that I have observed, namely that the role of select committees is changing. Committees exist not only to provide scrutiny of government policy, but increasingly for MPs (and officials, though this was less noticeable) committees should be vehicles for public participation. This builds on previous initiatives and academic research on how to combat public disaffection with politics and political institutions. 

The three trends – especially the final one – raise really interesting questions about the democratic and institutional design of parliaments. First, it raises a normative question about how far committees should pursue a role of public participation. Second, relatedly, it raises a practical question of how well committees are equipped to fulfil this, and other, roles.  These are important questions because I have found, in my research, several challenges that the changing trends and patterns seem to give rise to: a significant growth in the volumes of evidence, which has created pressures on committee teams; a lack of clarity over the principles and values of using ‘lived experience’ as a form of evidence in committee inquiries; a continuing tension in promoting diversity of evidence, which some see as a normative good but others do not; and resultant pressures on resources, including time, training and staff to fulfil the growing number of tasks being given to committees. At the same time, the process for gathering evidence has remained largely the same – despite innovations, improved technological advances, and changing practices and values.

Based on my research, and interviewees’ reflections, there are lots of ways that evidence-gathering could be improved (in my report, I list 14 small suggestions), but there are two areas I want to focus on. First, we need to open a debate about what ‘good’ evidence use in Parliament looks like. These choices are not without consequences. And while I can sketch out broad principles – appropriateness, diversity and representativeness, systematic analysis, and focused on the needs of MPs – much more work could be done about what values parliamentary democracies need to hold to promote use of evidence. 

Second, regarding the procedures of evidence-gathering, I want to suggest that maybe the traditional process for gathering evidence – that will be familiar to an MP from today as much as it would for one in the nineteenth century – needs updating. I would re-think evidence in terms of ‘pillars’, each recognised formally as evidence in Parliament:

  • Pillar 1. Submissions of information/evidence. Formerly known as written evidence, this would include other formats except Word or PDF documents written by professionals, such as video evidence, pictures, graphs, etc.
  • Pillar 2. Committee hearings. Formerly known as oral evidence, this part of the process would be kept largely the same but with a plainer form of language.
  • Pillar 3. Consultation and engagement. Rather than classing all non-written/oral evidence as ‘informal’, I would give other processes for gathering information a formal status through a summary document within Pillar 3, which summarises the findings from surveys, focus groups, or large volumes of written evidence received by individuals.

I am aware that this suggestion is not without its own problems – but once again I want to open a debate to question whether the way that the process currently works is working well in light of the changing practices of evidence use by Parliament.

This gives you a flavour of some of the findings and conclusions from my research project. You can find the full report on which this blog is based here. I am hugely grateful to have had the support from Parliament to pursue this research, and time and funding from my university to pursue it. Most of all, my interview participants have been incredibly kind in giving up their time for this research.

Dr Marc Geddes is Senior Lecturer in Politics at the School of Social and Political Science, University of Edinburgh. His research focuses on how MPs and officials interpret and undertake their roles in parliaments. He has published widely on the role of select committees in the UK House of Commons, including an award-winning book, Dramas at Westminster (Manchester University Press, 2020), and in a range of specialist journals and for public audiences.

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Information Literacy for Scrutiny: Equality and Diversity in research

Equality, Diversity, and Inclusion (EDI) “ensures fair treatment and opportunity for all. It aims to eradicate prejudice and discrimination on the basis of […] protected characteristics” (University of Edinburgh, 2021[1]). In the workplace, EDI is usually addressed centrally, through policies and Human Resources training. 

In this blog post I will share the development of an Information Literacy (IL) framework to strengthen scrutiny within Select Committee proceedings. The framework is aimed at highly skilled researchers through an EDI lens.

My role in the House of Commons Library is to work closely with the Select Committee Team and to perform a knowledge exchange role. My work can be summarised in three areas of focus: liaison, outreach, and training. 

Information Literacy

One of my first projects after joining Parliament in 2020 was to introduce IL to select committee specialists.

Information Literacy is defined by CILIP; the Chartered Institute of Library and Information Professionals as “the ability to think critically and make balanced judgements about any information we find and use”. 

Information Literacy is not a new concept, but it can be divisive amongst scholars and information professionals especially in terms of what it encompasses and how it applies in different context.

Early in the process of creating training content, I knew I had to make this concept meaningful within Parliament: through its “branding” and its applicability. 

I chose the term Information Scrutiny. Scrutiny relates back to a familiar concept whilst the introduction of the word “information” introduces a new layer of knowledge and expertise that enhances current practices and encourage reflection on methodology. 

To develop an appropriate and challenging Information Literacy framework, I needed an approach suited to this very particular audience and to find a hook to get them to see Information Literacy as an integral part of research and scrutiny. 

EDI

EDI has been a focus in Parliament like in many workplaces across the United Kingdom with efforts on recruitment, on progression for colleagues and all the training we can think of to address systemic imbalances.

For Select Committees this is underpinned by the 2019 Liaison Committee report on the effectiveness and influence of the select committee system. 

It leant on the work prompted by the 2018 Witness Gender Diversity report to increase gender diversity of witnesses and encouraged committees to continue their efforts and share good practice to increase witness diversity and to go further on BAME representation. .  

In practical terms this translates into increasing the diversity of evidence received, the diversity of witnesses, the effort to make everybody able to participate in this democratic process, from start to finish.

It is something I feel strongly about; with my education background, this aligns well with wider decolonisation and critical librarianship practice in the academic sector. 

So, I chose to focus on IL and research through a diversity and inclusion angle. 

Information behaviour analysis

However, the last thing I wanted to do was to stand in front of an expert crowd and tell them what they already know! This is where the concept of enrichment is key. 

To develop the below modules, I conducted information needs and information behaviour analysis to better understand select committee specialists:

  • Their research practices
  • How they had evolved to suit the needs of the Select Committee
  • How policy area affects their research
  • The typical running of an inquiry

I conducted 15 interviews with specialists across the Select Committee Team and carried out other activities to help me understand research in a Select Committee context such as shadowing inquiries or examining scoping documents and reports.

Co-creation

Co-creation is the practice of creating content with the intended audience. It is a process I found immensely valuable when I worked in Further and Higher Education, and I wanted to explore how I could replicate this in a workplace environment. 

From the start, I had the intention of anchoring the knowledge of the modules with clear examples of how some issues or solutions looked like in day-to-day work practices, so I chose to run a peer-review programme. 

The peer-review process was easy and straightforward:

  • Peer-reviewers had a month to submit feedback. They would receive a shared link to the PowerPoint with slides, slide notes and instructions by email and then 3 weeks later, a gentle reminder
  • Two types of responses about the content were sought:
  • General comments such as answers to “does the knowledge flow well?” or “Is this advice practical for your job role? Why?” Peer-reviewers were asked to send answers to those by email.
  • Using the “comment” function in PowerPoint; targeted questions on slides were asked, usually when specific feedback or an example were needed.

A concerted effort was made to make the peer-review process easy for all users and this included not taking for granted their level of digital literacy so all instructions for the peer-review were included in the PowerPoint. 

All the received feedback was imported into a shared document and colour-coded by peer-reviewer to analyse the response. Similar comments were collated and differences in opinion highlighted. This resulted in a list of changes to be made. 

Impact

The modules have been extremely well-received. Select Committee colleagues understand why Information Scrutiny is important and how it benefits their practice. 

Though the content was developed with specialist researchers in mind, the sessions have been attended widely across teams and departments. 

The feedback was mostly positive with some, welcome, suggestions for improvement such as leaving more room for discussion or sharing more examples of how some issues had manifested in Select Committee inquiries. 

Measuring the long-term impact of Information Literacy interventions is challenging as it relies on assessing personal development and day-to-day working practices but already colleagues have seen the value of being more reflective on their research, of including EDI as an essential component of their strategy.

Measuring impact by following small cohorts going through the whole course of the framework would provide better impact data. New joiners in the Select Committee Team, for example, would be an ideal target.

Applicability 

If you too would like to run an Information Literacy programme here are my top tips: 

  • Make sure to research how your audience research: why, how, who do they talk to, how much time do they dedicate to this. Carry out observations, interviews, have a look at outputs
  • Find an angle: here I used EDI to enrich my content and have a concrete impact in and beyond Parliament. This could be different for you: look at your department/organisation’s aims and objectives are a good place to start
  • Get buy-in involve colleagues in your decision –making
  • Do not assume levels of digital literacy or understanding of key concepts. 
  • Think strategically about knowledge sharing: how can you use the time in your modules more efficiently by sharing content ahead of time
  • Establish early on how you will measure your impact. 

Biography

Anne-Lise Harding (she/elle) is Senior Liaison Librarian at the House of Commons and Deputy Chair of the CILIP Information Literacy Group (ILG). 

Anne-Lise’s interests lie in Information Literacy, decolonisation, information behaviour and trainer education. After graduating with an MA in Librarianship in 2011, Anne-Lise held several roles in the education sector; making the transition to the government sector in 2020.  

In her role, Anne-Lise supports both the House of Commons Library and Select Committee Teams; focusing mainly on Information Literacy training, liaison and outreach. She is leading on Information Literacy work to make research for scrutiny more diverse, inclusive and representative.


[1] https://www.ph.ed.ac.uk/equality-diversity-and-inclusion/about-edi/what-does-equality-diversity-and-inclusion-mean#:~:text=EDI%20(Equality%2C%20Diversity%20and%20Inclusion,group%20of%20individual’s%20protected%20characteristics.

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Blog

We need reform of the legislative process to empower Parliament

Jess Sargeant

Parliamentary sovereignty is the UK’s central constitutional principle; in theory, parliament holds all the power, but in practice, the government wields much of it. Nowhere is this more apparent than in the legislative process; legislation is one of Parliament’s core functions, but government control of the timetable and scrutiny mechanisms in the House of Commons – means that its ability to influence the content of bills is limited. Recent trends towards passing bills on expedited timetables and increased use of secondary legislation – accelerated by the UK’s exit from the EU and the coronavirus pandemic – have curtailed opportunities for parliamentary input still further. This has prompted urgent warnings from two House of Lords committees of the need to rebalance power between Parliament and the Executive.

But redressing this constitutional imbalance requires going beyond asking the government to exercise restraint.  It means empowering parliament and creating new opportunities for parliamentary influence. The recommendations of the Wright Report, published in 2009, led to the election of Commons select committee chairs and the establishment of a backbench business committee. They demonstrated the power of procedural change in giving parliamentarians the tools and opportunities to challenge government policy and influence debate. In this spirit, the Institute for Government and Bennett Institute has undertaken a comprehensive study of the legislative process to identify opportunities for reform. 

One area is pre-legislative scrutiny (PLS). There is wide consensus amongst MPs, ministers and officials that pre-legislative scrutiny can greatly improve the quality of legislation. It gives Parliament the opportunity to influence legislation before it is finalised, allowing for more time and space for the government to make changes to reflect the views of parliamentarians on the quality and content of draft legislation. It can be useful too for the government, allowing ministers to tease out disagreements on knotty policy issues, test arguments and ultimately smooth a bill’s passage through parliament. 

Since 1997 eight parliamentary select committee reports have recommended expanding the use of pre-legislative scrutiny and making it a core part of the legislative process. However, bursts of enthusiasm for the practice amongst governments have been short-lived. Pre-legislative scrutiny remains a rarity; overall just 11.6% of the total government bills receiving royal assent since 2007 were published in draft.

It is clear that the current approach to pre-legislative scrutiny, in which the government has complete discretion as to whether and which bills to publish in draft, is failing to unlock its full potential. So we propose taking inspiration from the Oireachtas (the Irish Parliament) and requiring that the government give parliament an opportunity to conduct pre-legislative scrutiny on all government bills. 

This does not mean that a full PLS inquiry – taking three to four months – should take place on every bill, but that the government should publish all its bills in draft and give parliament the opportunity to select bills for PLS and allow others to progress without delay. They should be able to choose from a menu of options including a full inquiry and report, scrutiny of certain clauses, to a one-off evidence session and letter. This should ensure the level of scrutiny is proportionate and does not introduce undue delay to the bill timetable, or pressure on parliamentary capacity. 

Another area ripe for reform is Commons Committee stage. While public bill committees are intended to allow MPs to scrutinise each clause of the bill in detail, their partisan nature means that they are rarely constructive, and research suggests their impact on the content of bills have diminished over time. Reforms to permit oral evidence-taking has improved the functioning of these forums, but it is still only taken a quarter (27%) of all bills passed in the last five parliamentary sessions. Witnesses are chosen through the usual channels, meaning they are often there to support one political position or the other rather than bring new evidence and perspectives to deliberations. 

One proposal, already adopted by the devolved legislatures, is to abolish public bill committees and give select committees responsibility for scrutiny during this stage of the bill’s progress. This has the potential benefits of bringing more expertise and cross-party working into the process, as well as the ability to utilise the relationships with key experts, interest groups and businesses. But it risks overwhelming these committees’ work, and by making them a forum for key votes it could undermine their independence. 

Nonetheless, we believe there is a middle ground. Building on the informal inquiries they already conduct on bills, we propose that select committees should be able to request a ‘select committee’ stage on all government bills – to allow them to consider the bill, take oral evidence and publish a committee view, including draft amendments. This can inform the debate in public bill committees and beyond, while giving select committees the opportunity to decide which bills to prioritise.

We recognise that many of these recommendations may add time and potential friction to the legislative process. But legislating is a serious business – policy is more likely to succeed where it has been robustly tested and where it has broad support from the people’s representatives. The government’s short-term desire to do things quickly should not overrule the long-term objective of do things well. 

Jess Sargeant is a senior researcher working on devolution. She joined the Institute for Government in May 2019 from the House of Lords Library.