Tag: UK Parliament

Categories
Blog

Making the Law Count: The UK Post-Legislative Gap

By Tom Caygill.

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

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

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

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

Figure 1: Post-Legislative Reviews 2008-2023


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

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

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


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


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

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

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

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

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

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

About the author

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

Categories
Blog

Parliamentary scrutiny: what is it, and why does it matter?

Parliamentary scrutiny is at the heart of UK politics. In this post, Meg Russell and Lisa James examine the four key methods of parliamentary scrutiny, and offer proposals on how to strengthen it, calling for better behaviour by government and strong engagement from backbenchers.

Background

Parliament lies at the heart of UK politics. The legislature is a core institution in any democracy, but is particularly important in the UK, due to our tradition of ‘parliamentary sovereignty’. The government is dependent on the confidence of the House of Commons, which can potentially remove it from office. Parliamentary consent is required for primary legislation, and parliament is a particularly central and important body in holding ministers to account day-to-day.

This makes scrutiny – the detailed examination of policy proposals, actions and plans – one of the essential roles of parliament. Other functions include representation, and serving as a space for national debate – which in turn feed into parliament’s scrutiny function.

This briefing summarises why parliamentary scrutiny matters, what different kinds of parliamentary scrutiny exist at Westminster, some recent concerns about the decline of scrutiny, and ways in which it can be protected and strengthened.

Why does parliamentary scrutiny matter?

The government is responsible for much day-to-day decision-making, in terms of national policy formulation and implementation. But the government itself is not directly elected, and depends for its survival on the continued confidence of the House of Commons. This makes parliament one of the central checks and balances in the constitution – arguably the most central one of all. To provide government accountability, one of the core functions of parliament is scrutiny.

Parliament is a very public arena, with debates televised and transcribed on the public record. Hence parliamentary scrutiny means that ministers must justify their policies in front of an audience, which provides transparency and accountability, and helps to ensure that policies are seen as legitimate.

Crucially, parliament contains many and varied political voices. MPs are elected from diverse constituencies all over the UK, and represent different political parties. The House of Lords includes members from a wide range of backgrounds, many of whom are independent of political party, and some of whom are respected experts in their field. Parliamentary debates, and other mechanisms such as committee calls for evidence, also enable specialist groups and individual citizens to hear about policy and feed in their expertise, evidence and concerns. All of this ensures that different perspectives are heard in parliament when considering government policy.

The mere existence of parliamentary scrutiny, given its public nature and diverse contributors, can have an important effect. Even where nothing visibly changes as a result (e.g. if a government bill remains unamended) studies show that ‘anticipated reactions’ are important. Policy is more carefully thought through because ministers and officials know that it will be scrutinised by parliament. Hence scrutiny improves the quality of decision-making; and if it is lacking, policy may be poorer as a result.

What are the key forms of parliamentary scrutiny?

Scrutiny takes place both in the Commons and in the Lords, and both on the floor of the chamber and in various kinds of committees. At Westminster, even processes not focused directly on government policy require a ministerial response. Scrutiny and accountability thereby come through numerous mechanisms. These same forums also to some extent subject opposition parties to scrutiny, in the sense that they too must set out their own views on the public record.

The key forms and venues for scrutiny are set out below. In a number of these areas there have been recent concerns expressed about weakness or decline in scrutiny, which deserve attention.

1. Scrutiny of legislation

Most obviously, parliament conducts scrutiny of government legislation, and also of private members’ bills, with slightly different mechanisms operating in the Commons and the Lords.

Despite occasional backbench rebellions resulting in visible government climbdowns, scrutiny in the Commons is often seen as weak. But this can be overstated, given that ministers think carefully about the acceptability of bills to MPs before they are introduced. Changes in the Lords also often respond to concerns raised (including behind the scenes) in the Commons.

Nonetheless, adequate bill scrutiny depends on government cooperation. Ministers must ensure that bills are in good shape before introduction, and (given government’s extensive control of the Commons agenda) allow sufficient time for debate. They also need to be willing to listen and respond to reasonable points made by parliamentarians. There have been recent concerns about bills being rushed, and about late government amendments.

There are various known weaknesses in the legislative scrutiny process. Commons public bill committees are temporary and nonspecialist, unlike in many other legislatures, and the process of evidence-taking could be improved. Meanwhile, there is no formal evidence-taking stage for bills introduced in the Lords, or that have their committee stage in the Commons on the floor. This limits opportunities for expert input.

Perhaps the biggest concern in recent years has been about the growing use of delegated (or ‘secondary’) legislation, and increasing powers delegated to ministers in bills. This legislation receives very limited parliamentary scrutiny, raising clear accountability gaps if it implements major policy. Particular controversies emerged in this area during the Covid-19 pandemic, but overuse of delegated legislation has long been criticised, including by parliamentary committees, and expert groups such as the Hansard Society.

2. Parliamentary questions and government statements

Written and oral questions in both chambers put ministers on the spot about policy. Aside from scheduled questions, more ad hoc urgent questions allow sustained questioning on a topic, and their use has grown in recent years. Voluntary government statements take a similar form – and when not offered on key topics may trigger an urgent question.

Prime Minister’s Questions (PMQs) are the highest profile forum and have long been subject to criticism for their ‘bearpit’ and adversarial nature. They attract attention, but are unrepresentative of most forms of questioning, which can be more constructive but are lower profile. There are regular calls to reform PMQs but even they may have important ‘anticipated reactions’ functions.

The Cabinet Manual states that ‘the most important announcements of government policy should, in the first instance, be made to Parliament’, but there have been many recent complaints about ministers flouting this rule. This again occurred particularly frequently during the pandemic, but has continued – often to the displeasure of the Commons Speaker. Making major announcements outside parliament denies the opportunity for the kind of sustained questioning and democratic accountability that occurs when making announcements to MPs. Follow-up statements or urgent questions sometimes follow, but may be lower profile.

3. Opposition, backbench and adjournment debates

Parliament holds various kinds of debates in non-government time, including Commons backbench business debates, opposition day debates and adjournment debates. Irrespective of the topic, ministers must always appear and explain the government’s position, creating additional accountability. Often such debates are directly focused on government policy, and/or on topics that ministers would prefer to avoid.

Backbench business debates and opposition day debates may result in a vote on a substantive motion. In recent years there have been criticisms of the government’s relatively new practice of instructing MPs to abstain on opposition motions. Although decisions in these votes are not enforceable, the House of Commons Public Administration and Constitutional Affairs Committee, has suggested that this shows a ‘lack of respect for the House’.

These two forms of debate are guaranteed a minimum number of days per session in standing orders. But recent years have seen a number of long sessions (2010–12, 2017–19, 2019–21), which gives excessive control to the government over their scheduling.

4. Select committees

The select committees are seen as jewels in Westminster’s crown. They are unusual in international terms for conducting extensive and careful non-legislative scrutiny, for their nonpartisan ethos, and for generally producing unanimous reports. Committees in the Commons mostly shadow government departments, while those in the Lords are more crosscutting.

Committees gather expert and other evidence (including some recently using citizens’ assemblies to elicit considered public views). Ministers are often called to give evidence to the committees, as well as the government being required to respond to their reports. There have been occasional concerns about ministers cancelling committee appearances, but this is the exception.

Research shows that, while the select committees have little ‘hard power’ to force changes, they can be influential through putting topics onto the political agenda, feeding valuable evidence into wider debates, and having an ‘anticipated reactions’ effect – through forcing ministers to consider policy carefully, because they know they may have to publicly explain it to committees later.

In the Commons, select committee structures are routinely changed when government departments are reorganised. This can cause concerns – for example most recently when the abolition of the International Trade Committee left little opportunity for scrutiny by MPs of important international agreements (though such scrutiny remains in the Lords).

How can parliamentary scrutiny be strengthened?

There have been some welcome changes to mechanisms for parliamentary scrutiny in relatively recent years, such as the election of House of Commons select committee members and chairs (since 2010), and introduction of evidence-taking by Commons public bill committees (in 2006).

But this briefing has mentioned various weaknesses in parliamentary scrutiny processes, including recent concerns about decline – for example through primary legislation being rushed or subject to late government amendments, and an overreliance on delegated legislation. Recent polling shows that the public wants new laws to be subject to full parliamentary scrutiny. Improved government behaviour could make a good deal of difference in this area, but the Hansard Society has also proposed procedural changes.

Proposals exist for strengthening Commons public bill committees – e.g. by injecting greater permanence and specialism – and for publishing more government bills in draft. The Commons Procedure Committee has proposed improvements to the private members’ bill process.

Government control of the House of Commons agenda creates weaknesses, including over the timetabling of bills, ministers’ ability to withhold backbench and opposition days, and parliament’s inability to recall itself from recess. The Constitution Unit has proposed changes in this area.

Fundamentally, improved scrutiny depends on better behaviour by government, but also on strong engagement by backbenchers and other non-government parliamentarians. Even seemingly ‘toothless’ scrutiny mechanisms can have important effects, by subjecting government policy to public exposure and debate. Both government and non-government parliamentarians therefore have important responsibilities to maintain the system of parliamentary scrutiny – in order to uphold good quality government decision-making, and the legitimacy of politics in the eyes of the public.

This blog is part of the UCL Constitution Unit’s briefing series designed to inform policy-makers and the public about key constitutional issues and democratic debates. Our briefings draw on international evidence and examine both long-term trends and current developments in the UK. This is part of our project on constitutional principles and the health of democracy.

It was originally published on the Constitution Unit’s blog and is re-published here with thanks.

About the authors

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

Lisa James is a Research Fellow at the Constitution Unit.

Categories
Blog

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.

Categories
Blog

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.

Categories
Blog

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.

Categories
Blog

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.

Categories
Blog

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.

Categories
Blog

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.

Categories
Blog

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.

Follow the the society on Twitter at @con_soc

Categories
Blog

Restoration and Renewal: Intimidation as a necessary evil?

Can buildings threaten democracy?

In May 2022, the Restoration and Renewal Sponsor Body and Delivery Authority released a report on Understanding the public’s view. Collecting views from over 20,000 people, the report discussed how citizens feel about the Palace of Westminster and its prospective renovation. Much of this input can be summed up by the following quote: “It’s lovely, but it’s quite intimidating”.

It is not just citizens who feel this way. As shown in a History of Parliament article on First Impressions of the Palace of Westminster, parliamentary buildings also appear to intimidate MPs, “reinforc[ing] a feeling of not being welcome”. Jenny Tonge spoke of “a crumbling old Dracula’s castle”, while Robert Cecil felt like “a rather small ant in front of this great institution”.

A report from the Committee on Standards in Public Life described intimidation of office-holders as “a threat to the very nature of representative democracy in the UK”. Intimidation impacts diversity, engagement, and freedom of discussion. Moreover, intimidating buildings are detrimental to the ‘openness’ that modern representative democracies seek to communicate:

Modern parliaments themselves are intimidating buildings that are hard to access for the majority of citizens. They are typically gated and guarded. It also feels to many as if only certain types of people – those with the right suit, the right accent, bank account, connections, or even last names – are welcome to enter them. (Landemore 2022, p.2)

Do intimidating buildings therefore present a threat to democracy? Or do certain audiences consider intimidation necessary, even desirable? Can parliamentary buildings be lovely because they’re quite intimidating?

Walking interviews

Myself, Samuel Johnson-Schlee, and Ryan Swift have been conducting ‘walking interviews’ with MPs, Peers, and parliamentary staff. As we walk a route of their choice, interviewees tell us their views and memories of Parliament. This method allows us to explore key themes at the same time as the buildings they pertain to, since:

“interviewees are prompted by meanings and connections to the surrounding environment and are less likely to try and give the ‘right’ answer. Indeed, it seems intuitively sensible for researchers to ask interviewees to talk about the places that they are interested in while they are in that place.” (Evans & Jones 2011, p.849)

We have discussed interviewees’ earliest memories of this place. We have discussed how they feel inside the Palace, and whether these feelings change over time. Naturally, Restoration and Renewal has also been a frequent topic of conversation: what should change, and what shouldn’t.

The interviewees frequently described the Palace as intimidating, not only in terms of appearance but also layout. Even highly experienced staff members noted that “the Palace does feel imposing…it’s such a labyrinth, and I’m always worried I’m going to get lost.” This reflects the existing literature about parliamentary buildings in general. Such spaces can “reinforce the self-perceptions of those government officials and bureaucrats who identify this exalted territory as their own”, reinforcing “existing hierarchies” (Vale 2014, p.8).

Interviewees also recalled interactions with citizens in Parliament. They shared the key takeaways from these interactions, some of which were rather surprising. For example, it was suggested that for many citizens, the idea of Parliament as an intimidating place is not only expected but desired:

“some people almost want it to be intimidating. I think they’d be disappointed if they see it from the outside (and it’s very impressive) but they came inside and it didn’t match that…they would feel let down.”

This raises an immediate and obvious question: why would anyone want parliamentary buildings to be intimidating?

Meeting expectations, or getting things done?

There are many possible explanations as to why people may want parliamentary buildings to be intimidating. Two seem especially convincing to us.

First: meeting expectations. Walking into Parliament and being intimidated is consistent with what most citizens would expect. This could manifest as feelings of awe, even powerlessness. In any case, it seems plausible that some citizens would be surprised, even disappointed, if their expectations were not met.

Secondly: getting things done. Visitors often come to Parliament with a specific purpose and goal. An intimidating building may seem conducive to that. Citizens may want an environment exuding power and purpose, as an implicit reassurance that their concerns will be addressed. This is reflected in an interviewee’s observation that:

“coming into places like Portcullis House where it’s quite informal…less impressive, intimidating, it doesn’t quite feel as important…Sometimes it is good for [publics] to come through this way and to see all the stone and statues…they feel like something’s going to be done about what they say.”

This alludes to a perception that MPs cannot be productive without an intimidating workplace. This is highly relevant to ongoing questions of trust in institutions, and those who work in them. It is also relevant to debates around ‘virtual’ or ‘hybrid parliaments, and working from home, in which parliamentarians such as Jacob Rees-Mogg have been vocal.

What do we want from our buildings?

At this point we should recall that we are citing perspectives and recollections – not direct observations – of what citizens want. ‘Users’ of this space (parliamentarians and staff) think that citizens might want intimidating buildings. Perhaps this perception reflected interviewees’ own desires for parliamentary buildings to remain intimidating? 

Our findings suggest not; there was broad consensus that changes in this respect would be a positive step, at least in theory. For example, a Conservative Peer commented that:

“Change is not a bad thing…We protect many of our traditions and it’s right that we should…at the same time…we should be in a position of saying ‘actually, doing it [another] way might work’.”

An SNP MP commented that when:

“you find yourself here as an elected Member…you’re absolutely going to go along with what this building is telling you to be, which is absolutely rooted in the establishment…this ancient place basically says…‘here’s a path for you to follow’, as opposed to people coming to this place and thinking ‘how I make a change here?’.”

However, in practice, our findings still suggest a mixed picture. A staff member ventured that “even people who structurally are alienated by parliament also wouldn’t want to change it. Because it’s kind of part of the specialness…And if you are in a very neutral, modern space, you might lose that romance and charm, that for some reason gets to a lot of people”. This appears to validate Kim Dovey’s observation that architecture:

“shape[s] a representational world wherein certain forms of identity and place are stabilized and authorized through built form. Architecture engages in imaginative play with our dreams of status, sexuality, security and immortality; our fears of violence, death and difference…architecture has great inertia – it inevitably ‘fixes’ a great deal of economic capital into built form…architecture is ‘society’s superego’ in the sense that it enforces a social order.” (2010, p.39)

We see such inertia (representation and embedding of a social order) at play here; it is even seen to apply to those who are marginalised and alienated as a result(!). This shows us just how pervasive the embedded power dynamics in parliamentary buildings can be, and how reluctant people can be – even those who would most clearly benefit – to change them.

What we talk about when we talk about intimidation

We can safely assume that a desire for intimidation is not universal. As Sabina Siebert points out, “[d]eriving a sense of power and entitlement from the buildings is interpreted by some

people as positive, but others are critical of it”. Our initial findings suggest considerable variance and complexity in what citizens want from their own parliament. 

Our interviews also demonstrate how important it is to fit the space to the audience. Citizens want a space that reflects their expectations. Sometimes they expect to be awed, sometimes they expect to have their concerns addressed, and sometimes they want to explore a welcoming and inclusive space.

There are forms of intimidation that must always be condemned and avoided.  For example, we would recall a staff member’s observation that those with experience of elite universities may feel much more at ease in the Palace. As a result, “maybe it’s more intimidating to people who don’t feel like they’re part of the groups that tend to go to those sort of places”. 

Moreover, citizens don’t just want their representatives to be responsive to their desires and expectations. They expect representative spaces – and the use of them – to be responsive. This provides an additional impetus for greater engagement. Moreover, as Matthew Flinders has pointed out, Restoration and Renewal involves a public building and public money. Citizens should therefore be part of this process. 

Staff and MPs need to be part of a dialogue about their workspace. Our interviews with MPs, in particular, revealed how much the buildings affect the work going on inside them. It is important to find out what different publics want to change about Parliament, and what they want to keep. Ideally, this should involve walking interviews, to discuss and experience the space at the same time. We may be surprised by the answers we get. What seems clear is that people can respond very positively to being overwhelmed by history, if it is their history.

Alex Prior is a Lecturer in Politics with International Relations at London South Bank University

Disclosure statement – LSBU Centre for Social Justice & Global Responsibility provided funding