Starmer’s challenges and early steps towards constitutional renewal

Today, the Unit published Monitor 87, providing analysis of constitutional events over the last four months. This post by Meg Russell and Alan Renwick also serves as the issue’s lead article. It discusses the Labour landslide at the general election and the new-look House of Commons; the constitutional changes we can expect from the new government (such as House of Lords reform, measures on standards, and increased devolution in England); and unexpected changes in political leadership in Northern Ireland, Scotland and Wales. It also warns that aspects of the election campaign show that the divisive politics plaguing the UK has not gone away. And it commits the Unit to work hard to inform the new government, new opposition parties and wider public about the constitutional challenges ahead.

Since the last edition of Monitor was published four months ago, the face of UK politics has radically changed. Most obviously, a general election was unexpectedly called, and the dramatic results delivered a Labour landslide and therefore a change of government. Former Leader of the Opposition Keir Starmer is now the UK’s Prime Minister, while former Prime Minister Rishi Sunak is (at least for now) Leader of the Opposition. The Shadow Cabinet has very largely become the Cabinet, while many members of Sunak’s government lost their seats, as did former Prime Minister Liz Truss.

The Labour manifesto (analysed alongside others on the Unit blog) promised various constitutional changes, some of which were reflected in the King’s speech given on 17 July. The government promises reform of the House of Lords, with a first session bill to remove the hereditary peers; it is committed to reforming appointments and shrinking the size of the chamber, before turning to larger-scale reform. It also promises quick action on changes to the territorial constitution, with a new Council of the Nations and Regions, and further devolution within England. The speech reiterated plans to act on the integrity of elections and encourage participation – the manifesto pledged to extend the franchise to 16 and 17-year-olds, and improve electoral registration. As for the manifesto commitment to create a new Ethics and Integrity Commission, legislation on the detail of this is expected later – the Unit published a report on the options in March. Beyond legislation, the government has committed to creating a new House of Commons Modernisation Committee – a topic on which the Unit likewise issued a report, in June.  

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Election 2024: the performance of the electoral system 

The general election has raised many questions about the functioning of the UK’s electoral system. In this post, Alan Renwick focuses on two main areas: the First Past the Post rules that form the core of that system; and the quality of democratic discourse during the campaign. The election result illustrates the arguments both for and against First Past the Post; change in this area is unlikely. But, he argues, the need to improve democratic discourse is more pressing than ever. 

The 2024 general election having concluded, we can begin to assess how the voting system performed. On one level, the electoral process was a resounding success. Nowhere did the system collapse. Nowhere are the results contested. Losing candidates up and down the country accepted their fates – often, though sadly not always, with good grace. As outgoing Prime Minister Rishi Sunak said in his concession speech on election night, ‘Today, power will change hands in a peaceful and orderly manner, with good will on all sides. That is something that should give us all confidence in our country’s stability and future.’ 

Other aspects of electoral administration will take longer to gather evidence on. There were numerous reports during the campaign of voters not receiving their postal ballots on time, and some councils took emergency measures in response. The Electoral Commission will now collect thorough evidence on the extent of the problems, and may recommend reforms. This is no trifling matter: over a fifth of voters now cast their ballots by post, and they need to be able to participate with confidence. Similarly, the impact of new voter ID rules will also need careful examination. 

This blogpost focuses on two other aspects of the election process: the performance of the core of the voting system itself; and the nature of political discourse during the campaign.  

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The unanswered questions posed by Labour’s plan for a new Ethics and Integrity Commission 

Labour’s manifesto proposes a new independent Ethics and Integrity Commission to oversee and enforce ethical standards in government, but offers no real detail on the remit and powers of this new body, or how it will fit into the wider standards landscape. Peter Riddell outlines some of the difficulties in designing the new Commission and argues that it is crucial that the country’s constitutional watchdogs are both independent of government and accountable to parliament.  

The familiar landscape of standards in public life could be about to change. The Labour manifesto proposes to ‘establish a new independent Ethics and Integrity Commission (EIC), with its own independent chair, to ensure probity in government’. This is a major part of its aim ‘to restore confidence in government and ensure ministers are held to the highest standards’. The pressures for changes in the standards regime have only been increased by the latest scandal over allegations of insider betting by mainly Conservative candidates and party officials on the election date. 

Yet while the direction of change is clear, there is still considerable uncertainty about how the new EIC will work, what its powers and remit will be, what its relations will be both with the main constitutional watchdogs and, in particular, with the Committee on Standards in Public Life (CSPL). There is a need for much greater clarity if the new arrangements are to work. Labour has also made separate proposals on the powers of some of the regulators. 

There are all kinds of models for an EIC. Public comments by Shadow Cabinet member Nick Thomas-Symonds before the election indicate that Labour has rejected a super-regulator combining some or all of the current constitutional watchdogs, which anyway perform very different functions. This points to an umbrella organisation, which would be headed by a new independent chair. It is important for public credibility and accountability that this new chair is chosen as a result of an open public competition which could be held in the late summer or early autumn after the role and remit of the EIC have become clearer.  

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Standards in the 2024 party manifestos

The main party manifestos for the forthcoming general election have now been published, allowing exploration and comparison of their constitutional proposals. In this fifth post in a series on the manifestos, Lisa James looks at the parties’ policies on the standards system. What do they propose, what should they consider, and what might be missing? 

Standards scandals were a frequent feature of the 2019–24 parliament; MPs, ministers and even a Prime Minister were forced to resign amid controversy. In this context, expert bodies probed the strengths and weaknesses of the current system and suggested improvements, with major reports published by the Committee on Standards in Public Life (CSPL), House of Commons Public Administration and Constitutional Affairs Committee, Boardman Review into the Greensill lobbying scandal, House of Commons Standards Committee, Institute for Government, UK Governance Project and Constitution Unit. And public opinion research revealed a strong appetite for reforms to enforce high ethical standards. Coming into the 2024 general election, political parties had both the impetus to take standards reform seriously, and no shortage of recommendations for how to achieve it. 

This blogpost assesses the manifesto commitments on reforming ministerial and parliamentary standards made by the Labour Party, Liberal Democrats, Green Party and Reform UK, with most of its material coming from the former two. The Scottish National Party does not address standards at Westminster; Plaid Cymru’s key pledge, on criminalising lying by politicians or candidates, was addressed in a previous post. And strikingly, given the party’s experiences in the last parliament, the Conservative manifesto makes no mention of standards at all. 

An Ethics and Integrity Commission? 

The most significant pledge in the Labour manifesto is to create a new Ethics and Integrity Commission. This policy has been well-trailed, and was the centrepiece of two major speeches by Angela Rayner in 2021 and 2023. But the manifesto gives scant detail on the commission’s remit and scope, saying only that it will have a brief to ‘ensure probity in government’. 

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Parliamentary reform in the 2024 party manifestos 

The main party manifestos have now been published, allowing exploration and comparison of their constitutional proposals. In this second post in a series on the manifestos, Meg Russell looks at the parties’ commitments on parliamentary reform. What are they promising, and what are the prospects for these proposed changes? 

Yesterday on this blog, Lisa James reviewed the constitutional proposals presented by the political parties in their 2024 general election manifestos. Unsurprisingly, parliamentary reform is a key area that appears in several of them. Most parties include aspirations to reform the House of Lords, and some make other commitments on the House of Commons, or the overall power of parliament. This second post in the Constitution Unit’s manifesto series reviews these proposals, reflecting on their origins, merits, and prospects for implementation. It starts with the power of parliament as a whole, before moving to the Commons, and then the Lords. 

The power of parliament 

It is primarily the Liberal Democrats that give space to parliament’s overall place in the constitution – an area subject to significant recent controversy. The Brexit referendum of 2016 led to fierce clashes in parliament, and unusually high-profile arguments about both parliamentary procedure and the limits of the government’s prerogative power. Brexit also raised new questions about parliament’s powers over policy matters that returned to the UK following its exit from the European Union. 

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