Isabella Carter
Constitutional reform has impacted the House of Commons in several ways. One notable example is the Localism Act of 2011, which empowers citizens to initiate local referendums and grants them a veto in certain council tax decisions. Additionally, the Recall of MPs Act of 2015 allows for recall elections if an MP is convicted of an offence with a sentence of 12 months or less. The House of Commons has also seen internal procedural changes, such as the establishment of the Petitions Committee and the Liaison Committee, which questions the prime minister twice a year. In recent years, there has been a growing number of calls for Commons reform, with proposals suggesting the need to enhance the collective reputation of MPs in response to deep public dissatisfaction with parliament. While there has been little discussion on how these reforms will be delivered, past experience suggests that the organisation of the reform process significantly impacts its outcomes.
| Characteristics | Values |
|---|---|
| Constitutional reforms impacting the House of Lords | Removal of the historic in-built Conservative advantage by removing all but 92 hereditary peers in 1999 |
| Disbanding of the Appellate Committee of the House of Lords and the creation of the UK Supreme Court | |
| Reduction in the power of the Lord Chancellor and the creation of the position of Speaker of the House of Lords | |
| The Parliament Acts of 1911, 1949, and later amendments, reducing the power of the House of Lords to delay or veto bills | |
| The Life Peerages Act 1958, enabling the appointment of non-hereditary peers | |
| The Salisbury Convention, ensuring the Commons can pass items in the government's manifesto without the Lords' veto | |
| The Constitutional Reform Act, impacting the operation of the House of Lords by removing judicial functions | |
| Recent reforms with potential future impact on the House of Commons | Localism Act (2011) – enabling citizens to initiate local referendums |
| Recall of MPs Act (2015) – allowing recall elections under specific circumstances | |
| Commons Reform proposals | Reduction in the number of committees and their sizes |
| Scheduling of routine backbench motions for debate | |
| Direct election of committee chairs and members via secret ballot | |
| Scheduling of backbench business by the House, rather than ministers | |
| Introduction of an effective e-petitions system, potentially allowing the public to compel debates |
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What You'll Learn
Procedural changes
One approach to procedural reform is through government initiative. However, in recent decades, this route has primarily been used for minor procedural tweaks, while larger reforms have typically been driven by the House's select committees. An example of a government-led procedural change is the Localism Act (2011), which allows citizens to initiate a local referendum on any local issue if they collect signatures from 5% of the local electorate within six months.
Another approach to procedural reform in the House of Commons is through permanent or temporary backbench select committees. A notable example is the 2009-2010 Select Committee on Reform of the House of Commons, also known as the Wright Committee, which made several recommendations for procedural changes. These included reducing the number of committees and the size of standard departmental committees, scheduling one backbench motion for debate each month, and allowing the House to schedule backbench business rather than ministers.
The specific procedural changes proposed by the Wright Committee aimed to increase the House's autonomy in choosing and scheduling its activities. For instance, the proposal to directly elect committee chairs and members through secret ballots would give more power to the House in deciding its leadership. Additionally, the suggestion to implement an effective e-petitions system would enable members of the public to have a more direct impact on the issues debated in the House.
Overall, while there has been a growing recognition of the need for procedural reforms in the House of Commons, the focus has been on understanding the means of reform rather than its specific ends. The various approaches to procedural reform, such as government initiatives and select committees, offer different pathways to achieving these changes.
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Public dissatisfaction
One area of concern is the lack of public participation and influence in decision-making. To address this, the Localism Act of 2011 empowers citizens to initiate local referendums on issues that matter to them. By collecting signatures from 5% of the local electorate within six months, citizens can trigger a referendum, giving them a direct say in local affairs.
There has also been criticism of the House of Commons' internal operations, including the appointment processes and the size of the chamber. The House of Commons Procedure Committee, in existence since 1997, has been tasked with investigating procedural matters and proposing reforms. Additionally, the 2009-2010 Select Committee on Reform of the House of Commons, also known as the Wright Committee, made several recommendations for improving the efficiency and relevance of the House. These included reducing the number of committees, scheduling routine debates on backbench motions, and electing committee members and chairs through secret ballots.
Overall, public dissatisfaction with the House of Commons and the wider parliamentary system has led to increasing demands for reform. These reforms aim to enhance the efficiency, transparency, and accountability of the House of Commons, as well as increase public participation and restore trust in the democratic process.
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Backbench select committees
The Backbench Business Committee of the British House of Commons was created on 15 June 2010, soon after the 2010 general election. The committee is responsible for determining, on behalf of backbench members, the business before the House for approximately one day each week. This includes Thursday sittings in the parallel debating chamber, known as Westminster Hall, which are considered half days.
The committee consists of a chair and seven other members, elected at the beginning of each session. The chair, who must be an opposition member, is elected under the alternative vote method, while the other members are selected under the single transferable vote method. The eight members must include at least two men and two women, and reflect the party composition of the House of Commons.
The creation of the Backbench Business Committee was proposed by the Wright Committee on Reform of the House of Commons, also known as the 2009-10 Select Committee on Reform of the House of Commons. The Wright Committee's report also recommended the establishment of a House Business Committee, which was ultimately postponed and then quietly abandoned.
The Backbench Business Committee has faced some challenges and controversies, including the scheduling of "House business" and the lack of a "votable agenda," which has resulted in backbench business being relegated to less prominent time slots.
In addition to the permanent Backbench Business Committee, there have also been temporary backbench select committees appointed by the Commons to report on specific areas of procedure. These committees have played an important role in proposing reforms to the House of Commons procedures.
Overall, the establishment of the Backbench Business Committee and the use of temporary backbench select committees have been important steps towards reforming the House of Commons procedures and providing meaningful roles for backbench MPs.
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Government initiatives
While there has been a growing number of reports and books highlighting the need for House of Commons reform, there has been little discussion on how such reforms would be delivered. Historically, major procedural reform proposals have rarely been developed by government initiative. Instead, larger reforms have typically been the preserve of the House's select committees.
However, there have been instances where government initiatives have played a role in recent constitutional reforms impacting the House of Commons. Here are some examples:
The Constitutional Reform Act
The Constitutional Reform Act brought about several significant changes, two of which directly impacted the House of Lords. Firstly, it disbanded the Appellate Committee of the House of Lords, which had been the highest court in the UK until 2009. This committee was presided over by 12 Law Lords, each of whom could also sit and vote in the House of Lords. The Act created the UK Supreme Court, removing the judicial functions of the House of Lords. Secondly, it reduced the power of the Lord Chancellor and established the position of Speaker of the House of Lords. Prior to this, the Lord Chancellor held positions in all three branches of government, including acting as Speaker of the House of Lords.
The Localism Act (2011)
The Localism Act of 2011 introduced a mechanism for citizens to initiate a local referendum on any issue by collecting signatures from 5% of the local electorate within six months. Additionally, it mandated that any council intending to raise council tax above a ceiling set by parliament must first hold a local referendum, effectively giving local citizens a veto power.
The Recall of MPs Act (2015)
The Recall of MPs Act of 2015 allows for a recall election to be triggered if an MP is convicted of an offence resulting in a sentence of 12 months or less. If the Commons Standards Committee finds an MP guilty of serious misconduct and suspends them for at least 21 sitting days, a recall petition must be signed by 10% of the MP's constituents.
Tony Blair's Initiatives
Tony Blair, during his tenure as Prime Minister, had a key aim of constitutional modernisation. With a landslide majority of 179 seats in 1997, his New Labour government had the mandate and parliamentary support to make sweeping changes. Blair's three-stage reform plan for the House of Lords aimed to bring about more significant changes than any previous reform. The first stage, partially achieved through the House of Lords Act (1999), removed all but 92 hereditary peers from the House of Lords, eliminating the historic in-built Conservative advantage.
Deputy Prime Minister Nick Clegg's Initiatives
Deputy Prime Minister Nick Clegg introduced the House of Lords Reform Bill in 2012, aiming to build on proposals published in 2011. However, this bill was abandoned by the government due to opposition within the Conservative Party. A minor reform was successfully pursued in 2014 with the House of Lords Reform Act, which gained Royal Assent.
These examples demonstrate instances where government initiatives have played a role in recent constitutional reforms impacting the House of Commons and, in some cases, the House of Lords.
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E-petitions
To be tabled in the House of Commons, an e-petition must secure 500 signatures and be sponsored by an MP. This differs from the previous requirement of 25 signatures. The government is then required to issue a written response within 45 days if a petition surpasses 500 signatures in 120 days. This system has been implemented in other countries, such as the UK, which saw thousands of petitions submitted following the introduction of a comparable online system.
While the e-petition system represents a step forward in terms of accessibility and convenience, it lacks built-in communication tools. Petitioners are unable to directly communicate with signatories, even though email addresses are provided during the signing process. This limitation contrasts with third-party petition sites, which offer communication features that enable petitioners to update supporters and organise actions.
Despite the advantages offered by third-party sites, petitions from these platforms cannot be formally tabled in the House of Commons. However, they continue to play a significant role in raising awareness, attracting media attention, and generating political support. These sites often possess large datasets, and some sell the data they collect to other groups. While the new e-petition system has its limitations, it represents a notable shift by compelling elected officials to pay attention to online mobilisation and engage with the issues that matter to citizens.
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Frequently asked questions
Commons reform refers to the idea that the procedures and relevance of the House of Commons could be improved.
The last major attempt at Commons reform was the Wright Committee, a select committee of the UK Parliament that was established and reported in 2009.
The Wright Committee made a number of recommendations, including:
- A reduction in the number of committees and in the size of a standard departmental committee.
- That one backbench motion per month should be routinely scheduled for debate.
- That members of departmental and similar committees should be elected from within party groups by secret ballot.
There have been various attempts at Commons reform throughout history. One notable example is the Constitutional Reform Act, which impacted the House of Lords by disbanding the Appellate Committee of the House of Lords and creating the UK Supreme Court.
Recent constitutional reforms have had varying impacts on the House of Commons. For example, the Recall of MPs Act (2015) allows for a recall election to be held if an MP is convicted of an offence and given a sentence of 12 months or less. This means that the Commons Standards Committee can suspend an MP for at least 21 sitting days if found guilty of serious misconduct, and a recall petition needs to be signed by 10% of the MP's constituents.
