Constitution Unit Monitor 75 / July 2020
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1 Constitution Unit Monitor 75 / July 2020 COVID-19 has touched almost every aspect of how The constitution under politics is done, and raised new questions about the functioning of some aspects of the UK constitution, as COVID-19 this issue of Monitor sets out. The Coronavirus Bill was As the last issue of Monitor went to press in early March rushed through both chambers of parliament – with the idea that COVID-19 might change everything was consent from the devolved legislatures – in just six days only just dawning. In the subsequent four months, in March. Simultaneously the official ‘lockdown’ was just its impact on politics as well as daily life has been beginning. At the outset this barred most workplaces transformational. Just as the UK hoped to exit one torrid from opening and confined most people – except period of politics dominated by a single issue, a new, when undertaking limited activities – to their homes. still bigger challenge eclipsed it. Brexit has barely The Prime Minister spoke to the nation in a televised featured in the past few months’ political news. Instead, address, and daily Downing Street press conferences Boris Johnson rapidly shifted from the Prime Minister involving ministers and (usually) government scientists who would ‘get Brexit done’ to the one who needed to became the norm, seven days per week. On 6 April Boris steer the nation through a health crisis, and perhaps in Johnson himself was hospitalised with the virus, leaving due course through an economic crisis as well. Foreign Secretary Dominic Raab to deputise (see page 12). Other key ministers and officials – notably including In this edition Johnson’s chief adviser Dominic Cummings – also fell ill. Brexit 2–3 Parties and Politicians 16 At the start of the crisis there was widespread support Parliament 4–8 Nations and Regions 16–19 for the government’s position, within the governing Elections, referendums and International 19–20 party, across the parties and among the devolved democratic engagement 9–12 People on the move 20–21 administrations. Public approval for the government’s Executive 12–14 Constitution Unit news 21–23 Courts and the judiciary 14–15 Bulletin Board 23–24 handling was high, in what political scientists would see Monarchy, church and state 15 as typical of the ‘rally round the flag’ effect often found in national crises. But since that time, tensions have gradually grown. Image above: Boris Johnson Digital Cabinet Meeting (CC BY- NC-ND 2.0) by UK Prime Minister. The Constitution Unit is 25 this year! Click here – to find out more about how we’re celebrating on page 21. 2 | Monitor 75 | Constitution Unit | ISSN 1465–4377 As discussed on page 4, COVID-19 presented a In late June, the Commons agreed new arrangements particular challenge to parliament, which normally brings for handling bullying allegations against MPs following together hundreds of members from across the UK. After the 2018 Cox report – though in part only by defeating an early Easter recess there was cross-party consensus the government’s initial proposals, with opponents even on bringing the Commons back in ‘hybrid’ form, with including former Prime Minister Theresa May (see pages members able to participate remotely. But, while the 7–8). In addition, several pieces of Brexit legislation have Lords has continued such arrangements, virtual working started to progress through their parliamentary stages in the Commons ended amid acrimony in early June – (see page 3). with serious concerns expressed not only by opposition But some other developments have led to legitimate parties, but also by numerous Conservative MPs. concerns. The UK government refused, despite the Many of those same MPs had already been angered by COVID-19 crisis, to seek an extension to the Brexit Johnson’s refusal to sack Dominic Cummings when it transition period before the 30 June deadline, raising emerged that he had broken the lockdown. That moment concerns that the country could leave EU structures was also seen as a turning point in the public’s views of without a trade deal (see page 3). Meanwhile, the Prime the government’s handling of the crisis. Minister and his team appeared to take a significant In a similar way territorial relationships across the further step towards greater political control over the civil UK became more fractious as the crisis proceeded, service, following the resignation of Cabinet Secretary with the devolved governments complaining of poor Mark Sedwill, the fourth senior civil servant to leave communication and consultation, and increasingly taking government since the start of the year (see page 13). their own decisions independent of those in England (see Closer to home, the Constitution Unit is celebrating its page 16). The initial tolerance of last-minute decisions own achievements. First set up by Robert Hazell in 1995, from Downing Street has waned on all sides. Of the its 25th anniversary falls in 2020. We have initially marked more than 100 statutory instruments agreed to respond this with a celebration of 25 key achievements – ranging to the pandemic, very few have received parliamentary from influencing the 1998 devolution referendums to oversight ahead of implementation (see page 5), which promoting women’s representation in politics, informing not only frustrates parliamentarians but risks ill-thought- the ‘Wright committee’ on reform of the House of through policies reaching the statute book. The Downing Commons, spearheading citizens’ assemblies and Street press conferences, which ended on 23 June, making proposals for improving discourse in election and have also caused frustrations that journalists were referendum campaigns. We are encouraging supporters conducting questioning that should arguably have taken to join our celebrations by donating to support our work. place in parliament instead. All of this risks building up In the autumn we will turn to reflections on what has resentments for the future. changed in the UK constitution over the past 25 years. In the meantime, COVID-19 has had profound effects It has been an eventful period, right up until the last. in other spheres. The backlog of cases facing the courts has increased dramatically (see page 14). Labour unveiled its new leader, Keir Starmer, not at a conference but online (see page 16), and some of the autumn party Brexit conferences will now also be held in that format (see page 16). The Brexit negotiations too, which continued with little public attention, have largely taken virtual EU–UK negotiations form (see pages 2–3). Some achievements have been made, notwithstanding The EU–UK future relationship negotiations have the crisis. The government’s Parliamentary made scant progress, hampered by the COVID-19 Constituencies Bill, which legislates to retain the pandemic. The original, ambitious schedule of face- number of Commons seats at 650, and to revise the to-face meetings was initially replaced by four rounds arrangements for boundary reviews, is working its way of week-long video conferences – a sub-optimal through the Commons (see page 9). In May, Climate alternative. Meanwhile, both lead negotiators – David Assembly UK concluded its work, having shifted rapidly Frost and Michel Barnier – had to self-isolate in March online in light of the pandemic (see pages 11–12). after showing symptoms of the virus. Negotiating and 3 agreeing the terms of a complex new relationship in such would not consent to one. The deadline for an extension a short time frame was already immensely difficult; the has now passed; whether an extension can be agreed pandemic has made it seem almost impossible. after the date specified in the Withdrawal Agreement is debatable. Some, such as Jean-Claude Piris, former Director-General of the EU Council’s Legal Services, maintain that the Withdrawal Agreement makes it impossible. Others feel that, if the political will exists, a way can be found. A final agreement by the end of 2020 therefore seems the only show in town. On 12 June the Commission updated its terms of reference to allow for a more intensive timetable of in-person negotiations over the summer. The first round began on 29 June but broke up a day early, with little sign of progress. Expect more weeks of intense negotiating and brinkmanship – and yet more talk of ‘no deal’. Brexit and parliament The UK’s chief Brexit negotiator, David Frost (CC BY-NC-ND 2.0) by UK Prime Minister. The transition deadline means that Brexit-related Boris Johnson and European Commission President legislation cannot be postponed. Parliament’s legislative Ursula von der Leyen met virtually in mid-June for a high- and scrutiny work on Brexit has therefore continued, level stock-taking exercise. While they struck a positive even if the media’s attention has understandably been tone, there were no major breakthroughs. Indeed, elsewhere. The Immigration and Social Security Co- significant distance remains on key issues including level ordination (EU Withdrawal) Bill and the Trade Bill passed playing field provisions and the governance structures Commons second reading during the chamber’s ‘hybrid’ for the new relationship. Real progress in these areas phase. Both are now in committee – indeed, the claim seems unlikely before the autumn, when EU leaders are that physical public bill committees were needed to deal expected to re-engage seriously with the negotiations with Brexit legislation was one of the main arguments ahead of a summit on 15 October. used by the Leader of the House, Jacob Rees-Mogg, to justify ending the hybrid arrangements (see page The involvement of the EU27 leaders – currently fully 4). Although not wholly convincing, this suggests occupied with the pandemic – will be welcomed in that committee stage of the Environment Bill – last London, where the hope is that they will be more held on 19 March – will soon resume.