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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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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.

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Procedural Vetos and Parliamentary Sovereignty

Adam Tucker

Parliamentary sovereignty has been characterised as the “central organising principle” and “focal point” of the constitution. But it is a doctrine of striking absolutism with uncompromisingly hard edges:  it asserts that there is nolaw that Parliament cannot make, that no other body can override or set aside Acts of Parliament (and so on).  Yet in practice a range of issues are now considered sufficiently important that ways have been found to soften those hard edges and carve out protections against legislative infringement. 

Important constitutional principles (like the rule of law and access to the courts) are protected by common law principles of interpretation, capable of challenging and even overriding the intention of Parliament.  Human Rights are protected by both a procedural mechanism designed to bring embarrassing attention to legislation compromising them and a statutory principle of interpretation capable even of overriding Parliamentary intention.   The autonomy of the devolved legislatures is protected by a convention constraining Parliament’s legislative authority over devolved matters. And, most famously of all, our membership of and even departure from the European Union involved judicially enforceable statutory limits on Parliament’s legislative power.  These are just the most prominent of a complex array of techniques limiting Parliament’s legislative authority without (overly) trespassing on the core status of parliamentary sovereignty. 

This post argues that we should think of the procedural rules exemplified in the parliamentary processes of King’s Consent and English Votes for English Laws (EVEL) as a further part of this constitutional tradition.

I realise that my two examples are not promising starting points for fruitful analysis.  King’s Consent is a constitutional aberration, which grants the King an inappropriate opportunity to intervene in the legislative process.  It should be abolished.  And EVEL is widely seen as an idiosyncratic failure– it was abolished, without the House of Commons even needing to vote, after a debate which saw it attacked across party lines – “baffling” (Conservative), “completely pointless” (Labour) and a ”absolute and utter disgrace” (SNP).   Nevertheless, I want to suggest that their shared core is worth further attention, as a model for a potentially constructive addition to our repertoire of techniques for limiting parliamentary sovereignty.  In this post I (i) characterise that shared core, (ii) briefly consider its possible features and finally – very tentatively – (iii) suggest two areas where it might be sensibly deployed.  

The shared core of King’s Consent and EVEL

King’s consent is a rule of parliamentary procedure which gives the King a power to intervene in the passage of certain proposed legislation. It is found in Erskine May, which provides (for Bills to which the process applies):

 If the [King’s] consent has not been obtained, the question on the third reading of a bill for which consent is required cannot be proposed

EVEL was a rule of parliamentary procedure which gave English MPs an additional opportunity to scrutinise certain proposed legislation.  It was enacted through a change to the Standing Orders of the House of Commons, which provided (while EVEL was in force, for Bills to which the process applied):   

A Consent Motion which gives consent…must be passed by the legislative grand committee…before a motion may be made for the third reading of the bill.

Each (obviously) have greater depth and breadth than these extracts reveal – in terms of when they apply, the processes they involve etc. But these extracts capture their shared core, and the features of each that I want to focus on here.

The key point is that both have the same structure:  they create a veto process, and if that veto is wielded then the proposed legislation concerned cannot pass through all the stages of the legislative process or, in other words, the proposed legislation cannot become law.  Furthermore, each is a binding rule of parliamentary procedure rather than, say, mere guidance.  A bill which required, but had not yet received, EVEL consent could not proceed.  And a bill which requires, but has not received, King’s consent cannot proceed.  So the Deputy Speaker did not merely chooseor exercise a discretion to refuse Tan Dalyell’s attempt to secure a third reading for his Military Actions Against Iraq (Parliamentary Approval) Bill in 1999 – he was compelled to:

Queen’s consent has not been obtained…As the House knows, and as “Erskine May” … makes plain, without Queen’s consent, I cannot propose the question (emphasis added)

Both, then, are prescriptive elements of the law and custom of Parliament with the capacity to prevent legislation completing its passage through Parliament.  As a result, they engage the first limb of most influential definitions of Parliamentary Sovereignty, which claims that there is no legislation which Parliament cannot pass.  At present that element of parliamentary sovereignty is false to the extent that Parliament cannot pass legislation which requires, but has not received, King’s consent.  And from 2015 until 2021 it was also false to the extent that Parliament could not pass legislation which required, but had not received, consent under EVEL.  Procedural vetos like these soften the hard edges of parliamentary sovereignty.  We should consider the possibility that a better use can be found for this technique than these two examples.

Two characteristics of procedural vetos

As we saw above, there are many other ways to circumvent the less desirable consequences of parliamentary sovereignty.   They are hard to measure against each other because they work in different ways and have virtues (and vices) in different dimensions.  I will mention only two such dimensions of procedural vetos here:  their force, and the place they occupy on the political-legal spectrum.  

First, their force, by which I mean the degree to which they can be suspended or overridden (when this is very difficult it even begins to make sense to use the language of entrenchment).  In this dimension, procedural vetos are extremely flexible.  At one end of the spectrum, a procedural rule could be vulnerable to easy circumvention or abolition.  For example, when the government decided to abolish EVEL this was very straightforward to achieve with a simple motion in the Commons.  But a procedural veto could be designed to be slightly more entrenched – for example the EVEL procedures could have been drafted so that, say, any motion proposing their abolition or suspension was itself subject to the consent procedure, making them more problematic to circumvent.  A procedural veto could even be fully entrenched, that is protected by its own provisions against even legislative override.  Indeed, the prevailing opinion amongst parliamentary lawyers seems to be that King’s consent is entrenched in this way – that a statute abolishing King’s consent would itself require King’s consent. Whilst in my view this position is extremely problematic with regard to that specific example, it would clearly be possible to craft a veto which more clearly functioned in that way.  The upshot is that procedural vetos, as a technique, are very flexible in terms of their force – and therefore in terms of the scale of the obstacle that they present to a government which intend to promote legislation which would violate whatever value or principle they protect.  They can be used to impose very soft or very hard limits on Parliament’s capacity to legislate.

Secondly, procedural vetos are more a political than a legal mechanism.  Admittedly they seem mildly legalistic:  they are part of the law and custom of parliament, they are authoritative rules which depend on tying categorisation to consequence (and so on) – to the extent that legal advice is involved in their application and operation. Nevertheless, the existence, continuation and negotiation of the limitation they impose on Parliament remain firmly in the political arena.   The respect of and survival of EVEL were political questions, and its fate rested on politics.  The respect of and survival of King’s Consent are political questions, and its fate rests on politics.

These are promising characteristics.  Carefully crafted and appropriately deployed (King’s Consent is, and EVEL was, neither) procedural vetos have the potential to be a valuable addition to the constitution’s set of techniques to soften parliamentary sovereignty. 

Two possible uses of the mechanism

I want to close by suggesting, very tentatively, two contexts in the contemporary constitution where it might be appropriate to deploy procedural vetos to restrict parliament’s capacity to make law.

First, as a replacement for the Sewel convention, which is designed to protect the legislative autonomy of the devolved legislatures against infringement by Parliament.  It is (despite being put on a statutory footing) a purely political constraint, but it is also weak and easily circumvented.    Yet it would be relatively straightforward to craft a procedural rule obstructing, say, the passage of legislation certified to trespass on devolved competencies without a statement that the necessary consent had been obtained.  This form of procedural veto would maintain the content and political nature of Sewel, whilst buttressing its force.  It need not be entrenched at all – even as a simple veto it would have greater force than the present Sewel Convention because it would at least impose a procedural hurdle (say, passing a circumvention motion) on a government promoting legislation in breach of Sewel.  This approach has been referred to before (in different contexts by Alistair Carmichael MP and by Ian Loveland) although not in detail. It is a proposal which merits being taken more seriously.  

Secondly, as an alternative to the rule in Anisminic and Privacy International, which constitutes a wide and judicially-imposed limitation on parliament’s legislative authority, preventing it – almost entirely – from successfully enacting provisions ousting the jurisdiction of the courts over executive action. This rule achieves a justifiable aim, but it also moves into the legal arena an issue – the appropriate scope of Parliament’s power to enact ousters – that might more appropriately be tackled in the political domain.  A procedural veto could be crafted so as to maintain the existing strength of this rule (especially in core cases) but with the additional virtue of returning to the political domain the broader question of the appropriate limits of legislated ousters.

To summarise:  Parliamentary sovereignty is not always desirable, in fact a whole variety of ways are often used to circumvent its requirements.  Whilst King’s Consent and EVEL are not, in themselves, successful examples of this kind of process they are nevertheless instances of an approach which might be harnessed more successfully in other contexts including, perhaps, as an alternative approach to the Sewel convention and to the rule in Anisminic and Privacy International.

Dr Adam Tucker is Senior Lecturer in Law at the University of Liverpool.

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Together and Apart: Innovations in Prime Ministerial questioning the Canadian House of Commons

Historically, the questioning model of Question Period in the Canadian House of Commons was collective: the Prime Minister was questioned together with ministers. Question Period takes place every sitting day, and by convention the Prime Minister is expected to attend. In this collective questioning model, MPs addressed questions to the Prime Minister or to ministers. Conventionally, the Prime Minister received questions at the start of Question Period, usually from the Leader of the Opposition and from other opposition party leaders. The remaining questions went to ministers.

During the 2015 federal election, the Liberal Party promised to introduce a Prime Minister’s Question Period in order to make the Prime Minister more accountable. Following a long tradition of collective questioning, in April 2017, halfway through the 42ndparliament, the Liberal government introduced a questioning slot for the Prime Minister. Similar to the procedure for PMQs in the UK, the Canadian Prime Minister would be questioned on their own once a week on Wednesday. 

What can we learn about prime ministerial questioning from this reform?

Given its introduction halfway through a parliament, this reform offers a unique methodological opportunity to study whether, and in what ways questioning the Prime Minister is different in collective procedures compared to individualised procedures. 

Previous studies have explored this question through cross-case comparisons: for example, by comparing how prime ministers are questioned in legislatures that use individualised procedures (UK) versus similar legislatures that use collective procedures (Canada and Australia). A within-case comparison before and after a reform in the same legislature may offer insights into whether questioning the Prime Minister alone is conducive to more or better accountability.

Previous work has also shown that a key variable is whether or not the procedure allows spontaneous questioning (i.e. topics are not known in advance), or whether questions are submitted in advance. For example, in Ireland, questions for Oral Questions to the Taoiseach are submitted in writing in advance, whilst in the UK questions are asked spontaneously on the day at PMQs. The Irish procedure displays far higher levels of questions targeted at the Prime Minister’s responsibilities compared to the UK’s PMQs, where questions to the Prime Minister span a wide range of topics; the Prime Minister is seen as responsible for everything. Given that the Canadian Question Period also involves spontaneous questioning, we would expect that moving to an individualised procedure would lead to a similar pattern: a wide range of questions addressed to the Prime Minister.

Importantly, Question Period is to a large extent party controlled. For every Question Period, political parties hand over a list of questioners to the Speaker, who uses the list as a guide in calling MPs to ask questions. This means that access to questioning is largely determined by internal party strategy.

Research design

This paper asks an exploratory research question: How are prime ministers questioned in collective and individualised procedures? Did the introduction of an individualised procedure in the Canadian House of Commons lead to the Prime Minister being more accountable, as the Liberals intended?

Leveraging the introduction of the reform halfway through the 42nd Parliament, I use a before-and-after evaluation design. The first stage of this study involves a quantitative analysis of questions addressed to the Prime Minister in collective sessions before the reform, and in individualised sessions after the reform. I randomly sampled 30 questioning sessions: 15 on each side of the reform. Questions were coded on several variables based on validated coding protocols and analysed in R. The topic of each question and the political party of each questioner were sourced from the labels given in Hansard. I coded whether the topic falls within the Prime Minister’s direct remit, as that remit is understood within the Canadian political system, whether it is shared with a minister, or whether the topic is in the competence of a minister. I also coded whether the question included a conflictual remark. 

This first stage aims to explore patterns in questions to the Prime Minister before and after the reform. The next stage of the project will involve interviews with Canadian MPs active during the 42nd parliament, to gain a deeper understanding of their experience of Question Period and of the reform. This paper presents preliminary results from the first stage.

Results

  1. Widening access to questioning

The move to an individualised procedure increased access to questioning: MPs from a wider range of roles and political parties are able to ask the Prime Minister a question (Figures 1 and 2). Although the pre-reform collective procedure meant that the Prime Minister appeared in parliament more often during the week, he was only asked around eight questions at the start of each Question Period session. This means he was always questioned by the Leader of the Opposition, the leader of the second opposition party, and other frontbench actors who conventionally ask questions at the start of Question Period. More junior frontbenchers and backbenchers did not get to question the head of government. The individualised procedure, by contrast, dedicates a full session to the Prime Minister, with questioners including a wider range of frontbench roles, and backbenchers also getting a chance to question the Prime Minister.

Figure 1. Number of questions by party
Figure 2. Number of questions by type of actor

2. Less focus on matters within the Prime Minister’s remit.

As Figure 3 shows, the introduction of an individualised slot for the Prime Minister did not result in more questions targeted at Prime Ministerial responsibilities. In the collective procedure around 70% of questions were targeted at topics that were either the Prime Minister’s own remit, or topics that the Prime Minister shares with a minister. After the introduction of an individualised slot, more than half of questions were on topics not within the Prime Minister’s remit. Within the sample included in this study, the range of topics in questions to the Prime Minister increased from 29 during the pre-reform procedure to 59 topics over the course of the individualised sessions included.

Figure 3. Questions within the Prime Minister’s remit

Previous studies have shown that the UK’s PMQs, the most well-known opportunity for individualised prime ministerial questioning, displays a wide range of topics in questions; the Prime Minister is held to account for everything. A similar pattern appears in Canada after the introduction of a weekly individualised procedure: when the Prime Minister appears on their own, the range of topics of questions broadens. Far from offering an opportunity for more targeted questioning, a weekly individualised slot results in more questions addressed to the Prime Minister on a wider range of issues.

An individualised plenary questioning procedure creates an opportunity for regular dialogue with the Prime Minister, and a focus point during the parliamentary week, but not an opportunity for holding the Prime Minister to account in a targeted way. This finding has important procedural implications for designing questioning mechanisms. 

3. No difference in how adversarial questions are

The change from a collective to an individualised procedure did not generate different patterns in terms of conflictual questions (defined as questions containing at least one conflictual remark). In fact, although in both types of procedure over 75% of questions include a conflictual remark, the proportion of conflictual questions decreases slightly in the individualised procedure (Figure 4). However, as Figure 2 shows, a wider range of actors get to criticise the Prime Minister in the individualised procedure. Whilst the collective procedure primarily involved a duel between the Prime Minister and the Leader of the Opposition, in the individualised procedure a wider range of frontbench and backbench actors intervene to ask critical questions. The high levels of conflict suggest that the Canadian Question Period is inherently an adversarial procedure, at least when it comes to questions addressed to the Prime Minister, and that changing whether the Prime Minister is questioned alone or alongside the cabinet does not have any visible effect on that.

Figure 4. Conflictual questions

Conclusions: what difference did the reform make?

The move to an individualised procedure led to a new model of Prime Ministerial questioning and accountability in the Canadian House of Commons.

Firstly, the reform widened access to questioning the Prime Minister: MPs from more political parties and from a wider range of parliamentary roles (including backbenchers) can now question the Prime Minister. However, Question Period remains very party controlled, and access to questioning is not open on the floor of the House. The Question Period strategy and who gets to be added to the list of questioners are determined internally by parties.

The reform also made the Canadian Question Period more similar to PMQs: the Prime Minister is tested on many aspects across government policy. But evidence from other legislatures suggests that this is not always the case for all individualised questioning procedures. For example, comparative evidence from Ireland and the UK showed that open individualised procedures, where the topics of questions are not known in advance, are more conducive to a wide range of topics in questions. If questions are submitted in writing before the session, they tend to be on topics that are within the Prime Minister’s remit. It is hence the combination of the open, spontaneous nature of Question Period, and its new individualised version, that makes it more similar to PMQs.

Finally, the reform did not affect how conflictual questions to the Prime Minister are, suggesting that the underlying culture of Question Period is adversarial, and the individualised/collective character does not affect levels of adversarialism in questions. 

Dr Ruxandra Serban is an LSE Fellow in Qualitative Methodology at the London School of Economics and Political Science.

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MPs, Outside Interests, and Corporate Boards – Too Busy to Serve? 

Jack Newman and Matthew Smith

The first scandal that really shook the Johnson government, and which started something of a cascade that eventually led to his downfall, was the ‘Owen Patterson scandal’ of late 2021. The scandal initially arose because Conservative MP Owen Patterson used his parliamentary position to lobby for two companies from which he’d received over £10k as a consultant. Although the real scandal erupted because the government attempted to change the rules to protect him, the question of MPs’ ‘second jobs’ rose to the top of the news agenda. Across the media, debates raged about the circumstances in which it was right for MPs to hold second jobs, with some arguing second jobs brought diverse experience into parliament, and others arguing that they were detrimental to the integrity of democracy. On both sides, it was an oft-repeated refrain that MPs are usually “far too busy” to be holding any other employment. An Ipsos-Mori poll at the time found almost two-thirds of people agree with the statement that “MPs are paid to work full time for their constituents and to serve the country and they therefore should not have time to do other jobs as well” (Ipsos-Mori, 2021).

Questions about elected representatives holding outside interests have been addressed in various ways in the academic literature. Often referred to as ‘moonlighting’, this practice has been scrutinised by academics, who investigate whether it leads to decreased parliamentary activity. In Italy, Gagliarducci et al (2010: 689) show that “politicians with higher outside income are less committed to parliamentary activity in terms of voting attendance”, and Arnold et al (2014) find similar results in Germany. In Ireland, Baturo and Arlow (2018) show that, after leaving office, one in ten Irish TDs (MPs) “engage in consulting, lobbying or board membership”, suggesting that MPs’ second jobs may be stepping stones to future employment. These studies tend to ‘follow the money’, looking at payments that MPs have formally received, and compare these to their parliamentary activity.

In our forthcoming paper, which we presented to the PSA Parliaments Conference 2022, we look at this phenomenon in the UK parliament, asking whether outside interests potentially make MPs ‘too busy to serve’. Rather than focus on the money officially declared in the register of interests, we focus instead on the position of MPs within ‘corporate networks’. To gather our data, we located all 650 MPs within the Companies House database, identifying all the firms on which they sit as company directors. We then look at all the other directors of these companies, and all the other roles held by those directors, and then all the directors of those companies. This gives us a vast network of interconnected companies, what Mizruchi (1996) calls ‘director interlocks’ and what is widely described as ‘the corporate network’.

There is a lot of existing research that seeks to understand this corporate network. Some research suggests that when companies are linked through shared directors, there are significant benefits in terms of access to knowledge, information, and advice (Pfeffer and Salancik, 1978; Sarabi et al., 2021). This backs up those who, during the Owen Patterson debate, argued that MPs’ second jobs are beneficial to parliament because they bring in diverse experience. However, other research raises concerns about a ‘corporate elite’ or ‘inner circle’ (Useem 1986) within which there is actually very little diversity (Heemskerk and Fennema 2009). There is also a very important strand of research showing that directors who hold lots of directorships, known as ‘busy directors’, are actually associated with weak corporate governance and have a negative impact on firm performance (Sarabi and Smith, 2021; Kaczmarek, Kimino and Pye, 2014; Ferris, Liao and Tamm, 2018; Fich and Shivdasani, 2012; Cooper and Uzun, 2012; Méndez, Pathan and García, 2015).

So, when MPs act as company directors, all this existing literature on the corporate network can help us understand the implications for parliament. The question is whether the positions that MPs hold in these corporate networks make them ‘too busy to serve’, as was argued by commentators during last year’s second jobs debate, and as implied by the existing literature on busy directors. In order to answer this question, we measure the position of MPs within the corporate network and compare this to their parliamentary activity. Given the challenges of measuring parliamentary activity, we look at parliamentary questions as a proxy for this activity, basically assuming that MPs who ask more questions are more active in Parliament. We did also control for a range of other independent variables including age, gender, tenure in parliament, political party etc.

We then compared the parliamentary activity of each MP to their position within the corporate network. We found that MPs who hold a ‘brokerage’ role in the network, linking together otherwise unconnected companies and sub-networks, were more likely to ask questions in parliament. Because brokerage roles are usually associated with higher corporate opportunity and more important contributions to knowledge flows, we can suggest that MPs with higher levels of opportunity in the corporate network are more active in parliament. In contrast, we found that MPs who were deeply embedded in the corporate network, being connected to lots of other well-connected actors, were less likely to ask questions in Parliament. This suggests that MPs who are deeply embedded in highly networked groupings of ‘busy directors’ are less active in parliament, which could be because they are ‘too busy’ to serve effectively.

In order to develop a fuller understanding of the reasons behind these trends, further research will be needed. Our next step will be to expand the research in various ways, especially looking at the trends over a longer period of time and looking at larger corporate networks. We are also keen to try to draw a link between the sector of the companies where MPs sit as directors and the nature of their parliamentary contributions. We are particularly interested in the extent to which MPs are asking questions on topics that link to the work of those companies. All of this will require further data collection.

Overall, it is clear that an MPs outside interests do affect their parliamentary activity, and potentially in ways that limit the time they give to their parliamentary duties. In the public discourse, the debate will continue to rage about whether outside interests have a positive impact on parliament, and our forthcoming paper is only one contribution to that debate. But, given that the findings of our paper align with existing literature on the corporate network and with existing literature on political second jobs, it is increasingly clear that MPs’ outside interests are not unconnected from their parliamentary activity. The MPs’ code of conduct states that an MP “should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties”. The word ‘influence’ here leaves a lot of room for interpretation, but it is quite clear that patterns of behaviour in corporate networks do correlate with patterns of behaviour in parliament. At what point this constitutes an infringement of the ministerial code is a debate that will no doubt continue to run.

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Post-Johnson, constitutional combustion continues. But the fire can be extinguished.

Our recent book, The Bonfire of the Decencies: Repairing and Restoring the British Constitution, analysed the turbulent 2019-2022 Boris Johnson administration from a constitutional perspective. It noted a worrying tendency. Johnson himself, and various ministers and officials in his government, were prone to disregarding norms. In pursuit of partisan advantage or personal gratification, they were often willing to bypass non-binding constraints to which those in their position should willingly subject themselves. Self-regulation is essential to the proper functioning of any political system; but is perhaps even more important in the case of the United Kingdom (UK), given its lack of a ‘written’ or ‘codified’ constitution. Its absence is therefore a serious concern.

We considered a wide range of trends and incidents. Among them were the so-called ‘partygate’ scandal; the UK approach to the Northern Ireland Protocol; efforts to intimidate and demean legal professionals; the dissemination of misleading information to Parliament and public; departures from good practice in the award of Covid-related contracts; the high turnover of senior civil servants; changes to the status of the Electoral Commission; and the troubling treatment of refugees. Taking these factors into account we identified a series of problematic categories of behaviour on the part of the Johnson governments. They were:

  • Poor conduct that did not necessarily violate any specific rule;
  • Departure from rules without clear legal basis such as conventions;
  • Unlawful activities of a constitutionally challenging nature;
  • Violations of criminal law by senior officials and ministers;
  • Willingness to break with treaty obligations and international law; and
  • The compromising of public institutions and the values associated with them.

Furthermore, as well as being prone to departing from and undermining norms, the Johnson administration also displayed a tendency to evade, belittle, or erode any mechanisms that might serve to limit it (such as Parliament, the courts, and other oversight bodies), particularly in its efforts to perpetrate constitutional violations.

We judged, moreover, that the transgressions that occurred under Johnson were part of a wider and longer continuum. Any relief that the ending of his term as Prime Minister might (understandably) arouse should not distract from a realisation that urgent and substantial corrective action is required. His mere departure has not reversed the damage caused during his premiership. Many changes brought about will remain in force until actively reversed, and initiatives instigated will continue to come into being unless halted. Forces, groups, and people that drove, sustained, and were harnessed by him in his anxiety-inducing conduct during this tenure can be expected to continue to exert themselves, potentially leading to further such harm.

We noted in our work that the post-Johnson UK government would inevitably include within it numerous individuals who variously tolerated, facilitated, defended, and took a prominent role in the patterns of behaviour that made his term of office so objectionable. Ultimately, his party turned on him. But the fact that it installed him as leader at all, and that it took so long to remove him, is not encouraging. The decisive revolt of July 2022 came only after the emergence of clear evidence that he had morphed politically from asset to liability, and growing resentment among colleagues who found themselves personally compromised by some of the dubious characteristics of his administration.

Events since the displacement of Johnson have served to reenforce these points. During the brief and remarkable tenure of Liz Truss, constitutionally dubious occurrences included the removal from post of the Permanent Secretary to the Treasury, Tom Scholar; and the attempt to evade proper scrutiny of fiscal policy. Collective Cabinet responsibility – a central component of the UK system of government – rapidly deteriorated to the point of becoming unviable. Under Rishi Sunak, we have already seen the reemployment of an individual as Home Secretary within days of their resignation from the same post, having breached the Ministerial Code. Furthermore, falling within the Home Office policy brief, the pursuit of questionable policies with regard to the treatment of refugees, inherited from previous governments, has continued and possibly magnified.

These developments are far from encouraging. But we do not wish to encourage despondency. There are a series of steps that can be taken that we hope will help restore, reenforce and reinvigorate our constitution. Some firm proposals are already on the agenda. They include recent recommendations from the Committee on Standards in Public Life that would serve to strengthen mechanisms for upholding the principles according to which government is supposed to operate, such as those set out in the Ministerial Code.

Other measures have yet to receive the same degree of advocacy, but in our view merit consideration. Among them is the idea of an oath of office for incoming prime ministers, to be made publicly in the House of Commons, in the presence of its Speaker. While it would not directly compel better behaviour, this practice might contribute to an improved culture of constitutional compliance. We suggest the following wording:

THE PRIME MINISTER’S OATH.

To uphold the principle and practices of collective Cabinet government

To uphold and respect the conventions and expectations contained in THE MINISTERIAL CODE, THE CABINET MANUAL, AND THE SEVEN NOLAN PRINCIPLES OF PUBLIC LIFE.

To sustain the impartiality of the Civil and Diplomatic Services, the Intelligence and Security Services, and the Armed Forces.

and to have constant regard for THE CIVIL SERVICE CODE AND THE SPECIAL ADVISERS’ CODE.

To account personally to Parliament and its select committees for all the above.

To uphold the rule of law in all circumstances.

Beyond this possible measure, consideration should be given to harder and more entrenched regulation through the establishment of a ‘written’ or ‘codified’ constitution. Such a document would become the ultimate source of legal authority within the UK polity, taking precedence even over the UK Parliament and primary legislation it issued. Establishing an instrument of this type would be a major undertaking, and need to rest on an inclusive and considered process. But it could, we hope, help correct the weaknesses in the system that have lately become apparent, and avoid repetition of some of the excesses of the Johnson era, and that of his successors. It might, moreover, be a means of extracting a lasting, beneficial outcome from recent negative experiences.

Andrew Blick is Professor of Politics and Contemporary History and Head of the Department of Political Economy at King’s College London and Senior Adviser to The Constitution Society.

Peter Hennessy, FBA, is Attlee Professor of Contemporary British History, Queen Mary, University of London.

The Constitution Society is committed to the promotion of informed debate and is politically impartial. Any views expressed in this article are the personal views of the author and not those of The Constitution Society.

This post was originally published by the Constitution Society and can be accessed here: https://consoc.org.uk/constitutional-combustion-continues/. We are grateful for being given permission to republish the post.

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