The work of the Committee in the 2010 Parliament - Political and Constitutional Reform Contents


Conclusions and recommendations


Our work during the 2010 Parliament

1.  Our partnership with the Centre for Political and Constitutional Studies at King's College London on the possibility of codifying—or not codifying—the UK constitution could be a model for other committees wishing to develop a sustained programme of work in a particular policy area. (Paragraph 11)

2.  We have concluded that the current level of voter engagement in the UK is not satisfactory, and that urgent action needs to be taken in order to pre-empt a crisis of democracy. We have recommended that political parties include plans, in their manifestos for the 2015 general election, for improving voter engagement. It is to be hoped that the next Parliament will have occasion to scrutinise a number of proposals recommended by this Committee, if and when they are brought forward by the Government. (Paragraph 16)

3.  We have consistently questioned the usefulness of the Government's register of lobbyists, and also raised concerns about the impact of new rules around third party spending during election periods contained in the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. If there is a desire to increase transparency and reform political spending, the focus of reform should be on the funding of political parties, an area which we were disappointed to see no progress on over the course of this Parliament. (Paragraph 23)

4.  Although it is unambiguously the case that a convention has developed whereby the House of Commons should have the opportunity to hold a debate on conflict decisions before action is taken, unless there is an emergency, there is still no formal process through which the House of Commons is consulted, or legal requirement for consultation to occur. We have consistently called for this convention to be formalised, and for the Government to explain how it would fulfil the Foreign Secretary's statement of March 2011 that the Government would "enshrine in law for the future the necessity of consulting Parliament on military action". The Government has yet to respond to our latest report on this subject. We recommend that the relevant Committee in the next Parliament consider how the convention on consulting Parliament on decisions regarding armed conflict has developed over the 2010 Parliament, and report on how, if at all, the convention should be formalised. (Paragraph 29)

5.  We recommend that the relevant select committee consider, when the Electoral Commission publishes its report in June 2015, the adequacy of the transition to Individual Electoral Registration at that point, and take a view on the appropriateness or otherwise of any steps taken by the Government to bring forward the end date for transitional arrangements to Individual Electoral Registration. (Paragraph 37)

6.  We have made every effort to have a constructive relationship with the Government, and particularly the Cabinet Office, during the 2010 Parliament. However, our ability to effectively consider political and constitutional reform has been restricted by the Government's failure to either consult fully on or publish in draft for pre-legislative scrutiny proposals for political and constitutional reform. We recommend that the next administration commit early in the next Parliament to making pre-legislative scrutiny of Bills a standard part of the legislative process. (Paragraph 48)

7.  The Electoral Commission has told us that our scrutiny of its work during this Parliament has been "a very important point of accountability". It is important that this is not lost during the next Parliament, particularly given the ongoing transition to Individual Electoral Registration. We recommend that in the next Parliament a Committee take responsibility for scrutinising the work of the Electoral Commission, and particularly the ongoing transition to IER. This should supplement the role of the Speaker's Committee on the Electoral Commission. (Paragraph 50)

Impact and support for the House

8.  Our experience is that effectively planning a Committee's programme over the course of a Parliament—whilst allowing for the flexibility which is necessary to scrutinise emerging issues—has substantially increased our ability to both influence the Government's programme of political and constitutional reform, and also undertake substantial projects of our own. This working method has been made possible by the fixing of the term of a Parliament, which provides some security against Committee work being disrupted by an early general election. (Paragraph 57)

Engagement and innovation

9.  We have been particularly proactive at involving the wider public and organisations other than the "usual suspects" with our work. This has been beneficial both to our scrutiny of the Government's programme of political and constitutional reform, but has also helped to achieve the broader goal of better engaging the public with Parliament and issues of constitutional significance. (Paragraph 61)

We consider that there is greater scope for select committees to consult the public on matters which directly affect them, such as voter engagement and the health of our democracy. For some inquiries, seeking the views of the public through non-traditional means, such as surveys and online discussion, may ensure that a greater and more representative range of views is taken into account when a committee formulates its recommendations to Government. We hope that the new ways of working we have taken forward with a view to increasing engagement will facilitate those committees which wish to make similar efforts in the next Parliament. (Paragraph 62)

Scrutiny of political and constitutional reform in the next Parliament

10.  This Committee was established to consider political and constitutional reform for the lifetime of the present Parliament. The establishment, or re-establishment, of a committee with an express remit to examine such issues in the 2015 Parliament will depend on the will of the House which is to be elected on 7 May. Should the next Government plan to take forward constitutional reform, we strongly recommend that a select committee be established to examine the Government's proposals, to keep the progress of any political and constitutional reform under regular review, and to continue the work this Committee has undertaken. If such a committee is not established, we recommend that our work on political and constitutional reform, and the continuing debate on the UK's constitution, be taken up by the select committee with a remit to examine the work of the Government department with responsibility for constitutional policy. (Paragraph 65)


 
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Prepared 29 March 2015