果冻影院

XClose

The Constitution Unit

Home
Menu

Monitor 82

King Charles Rishi Sunak Government
() by .

Download听Monitor 82 (pdf)

Elections, referendums and democratic engagement

Executive

Monarchy, Church and State

Courts and the Judiciary

Parties and Politicians

Nations and Regions

Public Attitudes to the Constitution

People on the move

Constitution Unit News

Podcast

Bulletin Board

Achieving a new normal for the constitution?

Recent months have seen unprecedented turbulence in UK politics. This issue of Monitor covers developments over just four months, yet reports on a change of monarch and two changes of Prime Minister, plus remarkable churn in ministerial positions, and much else.

As reported in the previous issue of Monitor, in early July Prime Minister Boris Johnson was forced to announce his departure following a wave of ministerial resignations. Concerns about were central to his removal. Yet these topics played disappointingly little part听in the leadership contest which unfolded over the summer, including in a series of hustings meetings for Conservative Party members between Rishi Sunak and Liz Truss. The primary focus of the contest was understandably the cost of living, with contention between the candidates over their economic approaches 鈥 Sunak against the dangers of Truss鈥檚 proposed unfunded tax cuts.

Truss won the contest (see Conservative Leadership Elections), becoming Conservative Party leader on Monday 5 September, and she was Prime Minister the following day by Queen Elizabeth. Cabinet positions began to be filled the day after that. But on 8 September, the day of the new government鈥檚 first major statement on the energy crisis, news emerged that the Queen was unwell.

Her death was that evening. The end of a reign lasting over 70 years was a major moment for the United Kingdom鈥檚 national and constitutional self-understanding. The country entered a period of national mourning during which the funeral was held.

Prince Charles immediately became King. Within days, he delivered a , gave an oath at听, in Westminster Hall, and spoke at the , the , and (see听The death of Elizabeth II and accession of Charles III).

This delayed the new government鈥檚 activities, but a shock of a different kind occurred on 23 September, when Chancellor of the Exchequer Kwasi Kwarteng his so-called 鈥榤ini budget鈥 to the House of Commons (see New Prime Ministers, new Cabinets). Including ambitious tax cuts beyond those that Truss had pledged during the听campaign, it resulted in grave instability for the financial markets. Ultimately on 14 October, but was forced to just six days later. This triggered a further Conservative leadership contest, which saw Sunak to the role of party leader and Prime Minister (see New Prime Ministers, new Cabinets).

These events returned matters of constitutional propriety to the fore. Kwarteng鈥檚 of the most senior Treasury civil servant (see New Prime Ministers, new Cabinets), and refusal to submit his plans to the Office for Budget Responsibility, illustrated vividly 鈥 and at great political and economic cost 鈥 . Following Truss鈥檚 decision to听resign, the of Boris Johnson returning as Prime Minister (see Conservative leadership elections), reminding many Conservative MPs of the propriety problems that had dogged him in the role. The party鈥檚 leadership election rules raised the prospect that he could be imposed听on unwilling MPs by the grassroots membership, with . Ultimately Johnson, who apparently reached the nomination threshold, but , may himself have recognised these risks.

Sunak assumed the premiership on a promise to restore 鈥榠ntegrity, professionalism and accountability鈥. After听the widespread problems of recent years, there is a lot of work in this area to be done, and blueprints have been , the , and others. Truss had to commit to appointing an Independent Adviser on Ministers鈥 Interests (often known as the Prime Minister鈥檚 ethics adviser), following the resignations of the previous two officeholders under Johnson. Sunak has to fill the role, but this remained undone as Monitor went to press, almost a month after his appointment. He has听already encountered problems of his own over ministerial ethics, with the resignation of Gavin Williamson, and allegations of misconduct against both and (see Standards in government). But the challenges go wider than this, including reversing ministers鈥 sidelining听of parliament (see Parliamentary scrutiny of government), dealing with potential resignation honours lists from both Johnson and Truss (see听House of Lords controversies), restoring respectful relations with the devolved administrations (The future of the Union), and deciding the future of the (see Retained EU Law (Revocation and Reform) Bill), (see The future of the Union) and (see The Bill of Rights Bill) 鈥 all of which have raised constitutional concerns. Generally, there will be rebuilding work to do with the civil service, regulators and the legal community, as well as parliamentarians.None of this will be easily achieved by Sunak given the now very visible divisions in his party.

Meanwhile, Labour has been following the mini budget, at times achieving听extraordinary leads over the Conservatives of more than 30 points. Critical eyes will now turn to the opposition and its own plans in these areas, where there have been some public hints (see Conservative leadership elections), but where much detail is still awaited.

Beyond Westminster Sunak also faces further significant challenges. He has made a point of engaging positively with foreign governments, and with the Scottish and听Welsh administrations (see The future of the Union). But he will soon need to react to the outcome of the on whether the Scottish government can unilaterally听call a second independence referendum (see Scotland). Meanwhile, the continued of the Democratic Unionist Party (DUP) to facilitate creation of a Northern Ireland Executive brings additional instability, and the possibility of elections which may do little to improve the situation (see Northern Ireland).

Not only the new Prime Minister, but to a lesser extent the new head of state, King Charles, must navigate these issues with deftness to rebuild stability and faith in the UK鈥檚 constitutional arrangements. Both appear enthusiastic to do so, but the road ahead may not be easy.

Back to top

Parliament banner

Parliamentary scrutiny of听government

The brief premiership of Liz Truss saw the recurrence of familiar concerns about limited government openness to parliamentary scrutiny. Her government oversaw several highly significant policy initiatives (and reversals), yet few of these received sustained parliamentary scrutiny. This was partly due to the adjournment of the Commons during the official mourning period for Elizabeth II, and听a subsequent recess for the party conference season. Truss did not appear before the Commons Liaison Committee during her short tenure and took Prime Minister鈥檚 Questions on just three occasions.听

Even when parliament was sitting, ministers seemed reluctant to facilitate rigorous scrutiny. This could be seen in a familiar pattern of legislation being rushed through its parliamentary stages: the bill abolishing the Health and Social Care Levy passed its main Commons stages . The so-called 鈥樷 which had presaged this change likewise avoided the formal scrutiny processes which normally accompany听a government budget. MPs had to formally scrutinise measures which would turn out to be of seismic economic and political importance, and ultimately contributed to the end of the Truss government (see New Prime Ministers, new Cabinets). The refusal to accompany听the mini budget with a forecast from the independent Office for Budget Responsibility (OBR) further prevented scrutiny of the government鈥檚 proposals in parliament and听beyond. This was by, among others, then Chair of the Commons Treasury Select Committee Mel Stride (who subsequently joined Rishi 厂耻苍补办鈥檚 Cabinet). In another familiar theme, several of the Truss government鈥檚 major policy announcements were made outside parliament. One example 鈥 introducing a scheme to help businesses with their energy bills 鈥 prompted Speaker Lindsay Hoyle to then Business Secretary Jacob听Rees-Mogg.

A particularly extreme 鈥 and consequential 鈥 example of parliamentary mismanagement occurred over Liz Truss鈥檚 attempts to whip Conservative MPs to vote against听an on fracking on 19 October. The Conservative manifesto had pledged to retain a moratorium on fracking, but Truss sought to reverse this policy. Labour saw an opportunity to exploit divisions by inviting Conservative MPs to vote in line with their manifesto pledge.

Liz Truss Resig Image
() by .


The government declared that the vote would be , meaning that Conservative MPs would potentially be stripped of the whip should they rebel. But with some MPs signalling their continued opposition, minister Graham Stuart announced at the dispatch box that it would not be a confidence vote after all. This led to confusion in the division lobbies, which was exacerbated by allegations that Conservative MPs were being bullied to support the government,听and claims that Chief Whip Wendy Morton and Deputy Chief Whip Craig Whittaker had resigned on the听spot. The chaotic scenes drove exasperated 鈥 a former vice-chair of the 1922 Committee 鈥 to call the situation a 鈥榮hambles and a disgrace鈥, and claim to speak for 鈥榟undreds of backbenchers鈥 in denouncing 鈥榯alentless people鈥 at听the top of the party. Less than 24 hours later, Liz Truss .

It remains to be seen whether the Sunak government will be more receptive than its predecessor to parliamentary scrutiny and prove more adept at parliamentary management than Truss. But the dangers of mishandling the parliamentary party should now be clear.

Back to top

Retained EU Law (Revocation and Reform) Bill

The government鈥檚 long-promised 鈥楤rexit Freedoms Bill鈥 was introduced in September as the . It proposes various听changes to the legal status of the large body of , including creation of an automatic 鈥榮unset鈥 whereby such laws will expire at the end of 2023 unless explicitly exempted via delegated legislation. It seeks to give ministers wide-ranging powers to modify retained EU law, or to extend the sunset clause to 2026. In short, the bill proposes that a large number of laws will fall away at the end of 2023 unless ministers actively choose to preserve them.

The government views the bill as necessary to ensure greater post-Brexit regulatory flexibility. But the measure has been criticised on several grounds. Prominent opposition has been expressed by , which see it as a vehicle for harmful deregulation. Lawyers have that it will mean relitigating long-settled questions of established rights and create legal uncertainty. Others have criticised the bill on , arguing that it excessively limits parliamentary scrutiny and oversight and risks exacerbating tensions between UK ministers and the devolved administrations. There are also about the capacity of the civil service to review the entirety of retained EU law before the government鈥檚 self-imposed deadline.

Though the bill was introduced during the Truss government, it seems likely to proceed under her successor; it received its on the day that Rishi Sunak became Prime Minister. However, the new Business Secretary, Grant Shapps,听has notably not been given his predecessor鈥檚 additional title of Minister for Brexit Opportunities, which听appears to have lapsed. During his first leadership bid, that the government should听review all retained EU law within 100 days of his taking office. However, now indicate that he may be听considering a more cautious approach, which might include moving the sunset deadline to a later date than the current bill envisages.

Back to top

House of Lords controversies

Concerns have continued rumbling about , particularly in the context of two changes of Prime Minister within a very short period. As reported in Monitor 81 (page 4), rumours had circulated that Boris Johnson would propose a large and controversial resignation honours list. By early November this had听yet to appear, though some names . But a of a more 鈥榮tandard鈥櫶kind was announced on 14 October. They comprised听13 Conservative names, eight Labour, and one DUP, plus two Crossbenchers and two non-affiliated peers. Added to the chamber鈥檚 existing membership, these will take its total size to around 820, with Conservatives far outnumbering Labour at around 285 to 175.

The appointments attracted minimal attention, as they appeared on the day that Chancellor of the Exchequer Kwasi Kwarteng resigned (see New Prime Ministers, new Cabinets). Constitution Unit research results released concurrently showed strong public support for controlling the chamber鈥檚 size and removing appointment power from the Prime Minister.听On the day before the appointments were announced, House of Lords Appointments Commission chair Lord (Paul) Bew indicating that 鈥榯he Commission is increasingly uncomfortable about the limits of its role鈥 and urging all party leaders to have regard to the Seven Principles of Public Life (鈥楴olan principles鈥) in their choice of nominees.

Upon taking office, Liz Truss had put three new members into the Lords to serve as ministers. Ironically Truss will now be recorded as having the most excessive peerage creation rate in modern times, having approved 29 peerages during a tenure of just 49 days. Following her departure, there have been questions over whether she will propose her own resignation honours list 鈥 on top of Johnson鈥檚, which is still awaited 鈥 though there are clear .

Johnson also raised eyebrows by appointing Harry Mount 鈥 a long-time ally 鈥 as an independent member of the House of Lords Appointments Commission. It was questionable whether any appointment at all conformed to Johnson鈥檚 pledge to be a 鈥榗aretaker鈥 Prime Minister. Any concern about the individual selected was alleviated when Mount resigned less than a month late.

No replacement had been confirmed when Monitor went to press. Labour nominated Baroness (Ann) Taylor of Bolton to its vacant seat on the Commission.

In , and , multiple stories appeared suggesting that in government Labour might 鈥榓bolish鈥 the House of Lords, based on 鈥榣eaks鈥 from the constitutional commission being chaired for Keir Starmer by former Prime Minister Gordon Brown (see Labour and the constitution). In fact, the stories pointed to radical reform of the second chamber, rather than outright abolition, towards some kind of unspecified 鈥榮econd chamber of the nations and regions鈥. These were draft proposals, also including other ideas for reform of UK territorial governance, which remain unpublished.

Back to top

Committee of Privileges inquiry into Boris Johnson

The by the Committee of Privileges into allegations that Boris Johnson misled the House of Commons over partygate is ongoing. The committee, chaired by Harriet Harman, saw a change to its composition over the summer, with Conservative MP Laura Farris . A motion nominating backbencher Christopher Chope 鈥 鈥 as her replacement appeared on the towards the end of the Johnson premiership, but was not moved. Charles Walker, who chairs the Administration Committee, was subsequently appointed instead.

In response to the committee鈥檚 , the Johnson government published a by barristers Lord (David) Pannick and Jason Pobjoy. The committee later this direct publication of evidence- evidence is usually submitted to the committee first -听鈥榟ighly irregular鈥. The opinion alleged that there were flaws in the committee鈥檚 procedure and argued that it would need to be convinced that any misleading of the House had been intentional. The committee issued a , stating that the opinion misunderstood the Commons鈥 rules on contempt, the remit the House of Commons had established for the committee, and various aspects of the committee鈥檚 procedure.

Further controversy followed when it emerged that the opinion, submitted to the committee by Johnson as a 鈥榝ormal representation on [his] behalf鈥, . Then Cabinet Office minister Edward Argar argued in a to a parliamentary question on 5 September, a day before the appointment of Liz Truss, that this was justified because Johnson had been speaking from the despatch box as a minister听at the time of the alleged infraction. Chris Philp, who briefly held the same ministerial brief under Truss, gave a on 24 October.

Back to top

Speaker鈥檚 conference on MPs鈥 staff

The , which was established in June (see Monitor 81, page 6), finalised its after a delay caused by the resignations of Boris Johnson听and Liz Truss, and the death of the Queen. Chaired by Speaker Lindsay Hoyle, it will 鈥榗onsider the employment conditions of [MPs鈥橾 staff in order to ensure a more inclusive and respectful working environment鈥. It will operate in the style of a select committee, with the ability to call for evidence and appoint specialist advisers, including legal advisers crucial for understanding听the complex legal status of MPs as employers. The committee will consider a range of options relating to the employment arrangements for MPs鈥 staff.

One option, which is perhaps the most radical, is for the House of Commons to employ such staff directly. The House of Commons Commission last in 2009 鈥 before the creation of the (IPSA) and the Members Services Team 鈥 when the landscape was very different. It did not recommend the change on the grounds that it would be expensive, that there was a perceived absence of clear benefits, and that it would reduce the ability of MPs to flexibly manage their staff.

The of the committee outlined five key principles, agreed to by its members, that will underpin its work. These principles, which include recognising the valuable role of staff and that MPs should retain involvement with recruitment, highlight the central tension underpinning its work: that MPs will not easily give up control of their staff and there is a limit to what the House and IPSA can do to improve the lot of staff while MPs remain the legal employers.

Back to top

Select committee elections

Upheavals in the executive have resulted in change at the top of several Conservative-chaired select committees in the House of Commons, after their chairs were appointed to the Johnson, Truss, or Sunak governments.

The rules for select committee chair elections were established as part of the of 2010.

Chair positions are distributed among the parties at the start of each new parliament, based on the composition of the Commons. The positions are then elected, with only MPs of the relevant party able to stand, but all MPs eligible to vote.

Three vacancies were filled following the appointment of ministers to the Truss government. Alicia Kearns became the first woman to chair the Foreign Affairs Committee, after Tom Tugendhat was appointed Minister for Security by Truss. Steve Brine, a former health minister, succeeded Jeremy Hunt at the Health and Social Care Committee following Hunt鈥檚 appointment as Chancellor听of the Exchequer in the wake of Kwasi Kwarteng鈥檚 resignation (see New Prime Ministers, new Cabinets). A degree of continuity was provided by Greg Clark, who was unopposed to chair the Science and Technology Select Committee, having stood down to serve as Secretary of State for Levelling Up, Housing and Communities in the final weeks of the Johnson premiership.

Alicia Kearns
Alicia Kearns


An additional three vacancies were created by the formation of Rishi 厂耻苍补办鈥檚 government. Treasury Select Committee chair Mel Stride was appointed Secretary of State for Work and Pensions by Sunak, while the chairs of the Education and Transport committees, Robert Halfon and Huw Merriman, were appointed to ministerial roles in the departments they had previously been overseeing. Harriett Baldwin, who served as a Treasury minister under David Cameron, two former Cabinet ministers to win election as Chair of the Treasury Committee. Robin Walker, who briefly served as a Minister of State at the relevant department under Boris Johnson, was to chair the Education Committee. Iain Stewart, who served as a junior minister under听Boris Johnson and Theresa May, the Transport Committee election.

Back to top

Restoration and Renewal

It has been a relatively quiet time for the Restoration and Renewal (R&R) of the Palace of Westminster. The new governance structure has been created, with听the meeting for the first time on 17 October. The Client Board is made up of members of the Commissions of each House, including the new leaders of the Commons and Lords, Penny Mordaunt and Lord (Nicholas) True, who were appointed by Liz Truss and kept in post by Rishi Sunak. In her first on R&R since becoming Leader of the Commons, Mordaunt promoted the idea of moving out of 鈥榦ne part of the building for a short period of time, rather than a very expensive programme to recreate a Chamber鈥. A partial decant has long been to be more expensive and riskier than moving out of the Palace of Westminster entirely, so may not align with her statement in the听same interview that she is 鈥榲ery conscious that we have the restoration and renewal programme against the backdrop of [the] cost of living [crisis]鈥.

Back to top

Elections Banner

Electoral Commission reports on May 2022 elections

In September, the Electoral Commission published reports on the various elections that took place in May: local elections throughout and and in many parts of , and Assembly elections in . The reports noted that, in most听respects, the elections had gone well, and the polls had听been conducted effectively. Public opinion research indicated satisfaction with most aspects of the process and candidates generally felt they had been able to get their views across effectively. But the Commission also highlighted points of concern.

While most voters agreed that they had enough information about the candidates to make an informed choice, substantial minorities 鈥 32% in England, 26% in Scotland, and 12% in Northern Ireland 鈥 disagreed.听The proportion disagreeing was particularly high among younger people. In Wales, where just one in five eligible 16- and 17-year-olds registered to vote, the Commission highlighted the need for better political education and additional resources 鈥榯o increase registration rates and support participation amongst newly enfranchised and under-registered groups鈥. The Commission also reported a success story in Scotland, where access to information on election results had been made easier.

Many candidates 鈥 40% in each of England and Wales, 44% in Scotland, and 71% in Northern Ireland 鈥 reported experiencing some form of abuse or intimidation. The Commission concluded, 鈥楿rgent action is needed to tackle and prevent abuse and intimidation of candidates and campaigners at elections.鈥 It went on, 鈥楾ackling these problems will require coordinated action from a range of partners, including central and local government, police forces, social media companies and political parties and campaigners themselves.鈥

Citing research by the accredited election observer organisation Democracy Volunteers, the Commission noted that there were problems in some places with 鈥榝amily voting鈥, where one family member attempts to 鈥榓ffect, direct, or oversee the vote of another鈥. The said that such family听voting had been seen at 25% of the polling stations monitored, adding, 鈥極ur observers saw Family Voting across all parts of the UK, and it was not limited to any one ethnic group or another.鈥

All four reports expressed concerns about the resilience of electoral administration, not least over increasing difficulties in recruiting staff and securing buildings for use as polling stations. The Commission noted that late changes in legislation had caused added difficulties in Wales. It highlighted worries that the (which applies to all elections in England and Westminster elections elsewhere) introduced additional demands 鈥 particularly around checking voter ID at polling stations听鈥 that will cause further strain. It said, 鈥榳e are concerned about whether the voter ID requirement can be delivered in a way which is secure, accessible and workable, ahead of the next scheduled elections in May 2023 as planned鈥. The Association of Electoral Administrations has .

Polling Station Image
() by .


The Commission also published a separate report on an . Four local authority areas had piloted different arrangements that allowed voters to cast their ballot in person ahead of election day. Uptake of this opportunity was, however, very low. Three local authorities provided a single location for advance voting; just 0.2鈥0.3% of eligible voters made use of the facility. One local authority opened several of the usual polling stations; even here, however, uptake stood at only 1.5%.

Back to top

Government publishes draft strategy and policy statement

Following the Elections Act, which received royal assent in April, ministers can prepare a 鈥榮trategy and policy statement鈥 for the Electoral Commission, guiding how听it should carry out its functions. As previous editions of听Monitor have noted, the move was highly controversial.

The government published a in August. This sought to set out 鈥榯he government鈥檚 view of the Electoral Commission鈥檚 priorities and functions that support the government鈥檚 priorities鈥. It highlighted the Commission鈥檚 responsibilities in supporting election administrators, informing the public about electoral systems, regulating political finance, guiding political parties and other campaigners, and running various aspects of national referendums. It then particularly emphasised the Commission鈥檚 role in helping to tackle electoral fraud.

The draft statement is now subject to statutory consultation. One of the consultees, the House of Commons Levelling Up, Housing and Communities Committee, initiated a . Though this had not reported when Monitor went to press, two oral evidence sessions had been held: first with ,听and then with .

In line with their to the consultation, the Commission representatives were quietly withering in their critique of the draft. Commission Chair John Pullinger pointed out that there were some tensions between the priorities stated by government and those worked out in the Commission鈥檚 own published plan. That plan, he noted, had been 鈥榙eveloped by taking on board the position of the Government, other parties, campaigners more generally, electoral administrators and feedback from voters鈥, and had been scrutinised by the Speaker鈥檚 Committee on the Electoral Commission. For the Commission to follow the draft statement instead would amount to 鈥榞iving the incumbent Government an opportunity to set the priorities rather than the broader community鈥, which he said would听be illegitimate and undermine public confidence. He advised that the government should not proceed with the statement. The expert panellists took a similar view. Professor Justin Fisher, for example, called the statement 鈥榰nnecessary鈥 and 鈥榤isguided鈥.

Under challenging questioning from all sides, the then minister 鈥 Andrew Stephenson 鈥 insisted that the statement would 鈥榥ot undermine the Electoral Commission鈥檚 operational independence鈥. He repeatedly said that it was not for ministers to judge the Commission鈥檚 conduct, though he had said in his opening remarks, 鈥業t is clear that the Electoral Commission needed to change鈥.

The consultation period will end on 5 December. Whether the Sunak government chooses to proceed with the statement, which was drafted during the Johnson premiership, remains to be seen. If it does, the statement will have to be approved by resolutions in both the House of Commons and the House of Lords before it can come into effect.

Back to top

PACAC report on the Electoral听Commission

The House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report in October on . This said that the Commission 鈥榩lays a fundamental role in overseeing free and fair elections and referendums and regulating political finance, and should continue to do so鈥.

Indeed, the report鈥檚 headline recommendations were directed, notably, towards the government rather than the Commission. It said, 鈥楾here is a consensus that the law is in urgent need of rationalisation and simplification, and the Government missed an opportunity with听the Elections Act to build an elections framework fit for the modern day鈥; it urged ministers to 鈥榩rioritise听implementing the Law Commission鈥檚 recommendations to rationalise electoral law鈥. It also called for greater clarity on the timetable for implementing the Act. It agreed with previous proposals that the Electoral Commission should be able to levy fines of up to听拢500,000 (compared with 拢20,000 today) and that rules on campaign spending declarations should be听modernised to provide greater transparency. And it said that Ofcom 鈥榮hould be given a power to set minimum standards for advert libraries and advert labelling鈥.

The report did also call for changes at the Electoral Commission. The Commission, it said, should recognise the unique characteristics of referendums, improve its guidance to parties and other campaigners, shorten听its response times to enquiries from campaigners, and agree to a time limit on investigations into misconduct.

Back to top

Boundary Commissions publish revised听proposals

The published revised proposals for new Westminster constituency boundaries in October, and the Commissions for , , and followed suit in November.

These proposals form part of the periodic review that began in January 2021. Initial proposals were presented in the summer and autumn 2021 and then subject to extensive consultations, during which submissions were made by MPs, political parties, local representative bodies, and members of the public. The new proposals incorporate adjustments following those consultations.

Most of the revised proposals involve only small shifts from the initial recommendations, moving individual wards or changing a proposed constituency name.听But others 鈥 including around Dundee and Perth, Hull, and Newcastle 鈥 are larger. Longstanding constituencies that were to be dismembered but are now due to survive with much less change include those of former Chief Whip Wendy Morton, former Lib Dem leader Tim Farron, and former Health Secretary Matt Hancock. The Cities of London and Westminster will remain united too.

The revised proposals are subject to a further consultation period of four weeks (which has concluded in Wales and is ongoing elsewhere), after which final proposals will be published no later than 1 July 2023.

Given that the further consultation is short, it is likely that any remaining adjustments will be small. In contrast to previous boundary reviews, which could be implemented only after being voted through parliament, the conclusions of this review will, under the terms of the , have to be brought directly into effect within four months of their publication.

Back to top

Online Safety听Bill

The future of the Online Safety Bill, which was published in May (see Monitor 81, page 9) is uncertain. During听the summer Conservative leadership election, both Liz Truss and Rishi Sunak that the bill鈥檚 provisions on 鈥榣egal but harmful鈥 online content might unduly limit free speech. Parliamentary scrutiny of the bill was paused when Truss came to power, and the new Culture Secretary, Michelle Donelan, that the 鈥榣egal but harmful鈥 provisions would be changed.

Though Donelan remained in post when Sunak took over, the bill鈥檚 progress was again . The likelihood of government amendments watering down the bill was by Donelan鈥檚 predecessor, Nadine Dorries, who said the provisions were needed to protect vulnerable children.

Back to top

Executive Banner

New Prime Ministers, new听Cabinets

Queen Elizabeth II appointed Liz Truss as Prime Minister on 6 September, but sadly died two days later (see The death of Elizabeth II and accession of Charles III). The 10 days of official mourning and preparations for her funeral on 19 September disrupted formation听of the new government, the last stages of which were not fully completed until 2 October. Kwasi Kwarteng was immediately appointed Chancellor, James Cleverly became Foreign Secretary and Suella Braverman was named Home Secretary. With Truss as Prime Minister, this meant that, for the first time 鈥 if only briefly 鈥 none of the four great offices of state was held by a white man. Th茅r猫se Coffey was made Deputy Prime Minister, Brandon Lewis became Lord Chancellor, and Michael听Ellis was appointed as Attorney General. Alister Jack and Robert Buckland stayed on as Scotland Secretary and Wales Secretary respectively, but there was a change at the Northern Ireland Office, where Chris Heaton-Harris became the Secretary of State. Several changes were also made at the Cabinet Office (see People on the move).

These appointments rewarded Truss loyalists: 18 out of the 23 Cabinet ministers had supported Truss in her leadership campaign. It also involved .

Three quarters of ministers appointed by Truss 鈥 93 out of 121 鈥 were new in post. Big departments like Health and Social Care, or International Trade, had wholly new ministerial teams. Almost a dozen departments had 80% or more of their ministers in new jobs.

Liz Truss Cabinet Image
( ) by .


The new government quickly ran into trouble, with two of the most senior ministers in the Cabinet forced to resign within a week of each other. On 23 September Chancellor Kwasi Kwarteng announced his , a programme of unfunded tax cuts which caused that was so severe that he was on 14 October and replaced by Jeremy Hunt.The new Chancellor most of the cuts in a bid to restore market confidence and was soon as the 鈥榙e facto Prime Minister鈥. On 19 October Home Secretary Suella Braverman was for leaking official information from her personal email (see Standards in government) and replaced by Grant Shapps. Braverman was highly critical of the direction of the government听in her , claiming it was not committed to honouring the Conservatives鈥 2019 manifesto commitments. The fact and tone of her departure further weakened an already wounded Prime Minister.听

Truss rapidly lost support among Conservative MPs and on 20 October. In the ensuing election for a new party leader, Rishi Sunak 鈥 who had been rejected by the membership less than two months previously 鈥 was elected unopposed (see Conservative leadership elections). His new government is a broader coalition: former Cabinet ministers Michael Gove and Dominic Raab returned to the posts they had held under Boris Johnson, but Sunak also kept a significant number of other senior ministers in the positions to which Truss had appointed them, including former leadership contenders Penny Mordaunt, Kemi Badenoch and Tom Tugendhat. Robert Buckland was, however, replaced by David T C Davies as Wales Secretary, and Oliver Dowden returned to the Cabinet Office to replace Nadhim Zahawi 鈥 now Chairman of听the Conservative Party 鈥 as Chancellor of the Duchy of Lancaster. Controversially, Sunak also , a mere six days after her departure (see below). 厂耻苍补办鈥檚 Cabinet has more experience than that of his predecessor, which had been as 鈥榯he least experienced in modern history鈥.

Back to top

Government Staff

On his first day as Chancellor Kwasi Kwarteng Tom Scholar, the widely respected Permanent Secretary to the Treasury. The decision was heavily criticised听by many, including . Kwarteng also the need for advice from the Office for Budgetary Responsibility before his mini budget on 23 September, which further spooked the听

markets. Scholar was later , formerly the Permanent Secretary at the Department for International Trade, who previously worked at the Treasury for two decades. Cat Little and Beth Russell were appointed as Second Permanent Secretaries.

There was controversy at Number 10 when it that Mark Fullbrook, Chief of Staff to Liz Truss, was to be paid through his lobbying company Fullbrook Strategies, rather than as a temporary civil servant or special adviser 鈥 an arrangement that was by the Cabinet Office鈥檚 propriety and ethics team.听Reporting of the news was negative, and Fullbrook soon to be directly employed as a special adviser instead. It was also that two other members听of staff 鈥 Alice Robinson, who ran the Prime Minister鈥檚 private office, and Mac Chapwell, a special adviser 鈥 were also being paid through 贵耻濒濒产谤辞辞办鈥檚 firm. All three left Downing Street when Rishi Sunak took office as Prime Minister.

Back to top

Standards in Government

Rishi Sunak during his leadership campaign in October to lead the government with 鈥榠ntegrity, professionalism and accountability鈥. In his , he repeated this pledge. An early test will be , something Liz Truss as unnecessary. Deputy Prime Minister Dominic Raab on 16 November that the process to appoint one was 鈥榯aking place at pace鈥, but no appointment had been announced before Monitor went to press.

The continued failure to replace Lord (Christopher) Geidt, five months after his resignation, has caused significant delays to the investigation of a complaint made in January by Nus Ghani, who that she was told by a whip that she was sacked as a minister because she was a Muslim. Cabinet Secretary Simon Case confirmed in a to the Commons Public Administration and Constitutional Affairs Committee (PACAC) on 4 October that the investigation 鈥榬emains outstanding鈥, and that no decision had been made on how to conclude it. It seems likely that the investigation will not resume until a new Independent Adviser is appointed.

厂耻苍补办鈥檚 stated commitment to integrity did not prevent him appointing Gavin Williamson as a Minister听without Portfolio despite having been made aware by then Conservative Party Chairman Jake Berry 鈥 who was not retained by Sunak 鈥 of allegations that, as a backbencher, Williamson had to then Chief Whip Wendy Morton.听The week after the Morton texts were reported in the press a former civil servant who had worked at the Ministry of Defence during Williamson鈥檚 time as Secretary of State that Williamson听had bullied them consistently and over a long period of time. Williamson denied the latter claim, but following these allegations and others 鈥 some of which related to his 鈥 he ultimately on 8 November, shortly after the Prime Minister in him.

Bullying allegations were also made in relation to another Sunak appointee. Dominic Raab was sacked as Deputy Prime Minister and Justice Secretary by Liz Truss but returned to both roles under Sunak. Multiple sources that he had created a 鈥榗ulture of fear鈥 during his previous stint in charge of the Ministry of Justice and had acted in a manner that was 鈥榙emeaning鈥 to those who worked for him. Allegations then emerged of during his time as Foreign Secretary, and an independent investigation was into his conduct on 16 November.

厂耻苍补办鈥檚 appointment of Suella Braverman as Home Secretary, just six days after she had been from the same post for using her personal email account to send an official government document听to a person who was not authorised to see it, also attracted widespread criticism. Braverman after her reappointment that she had used her personal email for official business on six occasions. Shadow Home Secretary Yvette Cooper tabled an 鈥 which Braverman did not respond to personally 鈥 and to听ask for a full investigation. PACAC sent a to ask for details of the processes for investigating ministerial security breaches. Since Braverman returned to the Home Office, she has also been in relation听to legal advice she received about whether people detained at the Manston asylum centre were being held illegally. Climate minister Graham Stuart has that many of the detentions at Manston were unlawful, and is expected.

Back to top

Monarchy Banner

The death of Elizabeth II and accession of Charles III

Queen Elizabeth II died at Balmoral on 8 September. Her coffin was initially taken from there to Edinburgh to lie听at rest in St Giles鈥 Cathedral. The public were allowed to file past for 24 hours, and there was a , which included Princess Anne, the first woman听to participate since the ceremony was instituted in 1936. On 13 September the coffin was flown to London for five days of at Westminster Hall, where听 paid their final respects and vigil took place. The Queen鈥檚 was held in Westminster Abbey on 19 September, with a congregation of 2000 guests, followed by a at Windsor Castle, where she was interred in the George VI Memorial Chapel alongside her father, King George VI, her mother, and her husband, Prince Philip.

King Charles Image
() by .


On 9 September the new King 鈥 now known as Charles III 鈥 paid tribute to the Queen in a . He announced that Prince William, who had automatically succeeded him as Duke of Cornwall, would also be created Prince of Wales. On 10 September an was held, with approximately 200 Privy Counsellors present. King听Charles was formally proclaimed as the new monarch; he then made a personal declaration and swore a statutory oath to uphold the Presbyterian church in Scotland. The听proclamation was repeated by the Garter King of Arms from the roof of St James鈥檚 Palace, and in subsequent ceremonies at the Royal Exchange, and in Edinburgh, Cardiff and Belfast.

During the first week of his reign, King Charles embarked on a whistle-stop tour of the country, visiting Scotland, Wales and Northern Ireland within days of his accession.听Known as , it was intended to emphasise recognition of the importance of all the听nations within the UK. The new monarch to his mother in the Scottish Parliament, spoke Welsh during , and of the Northern Ireland Assembly at Hillsborough Castle.

The new monarch鈥檚 tour of the nations and his actions in his first week on the throne were a huge contrast to the Queen鈥檚 accession in 1952. On the day after the Queen died, he gave a televised , whereas the Queen鈥檚 first broadcast in 1952 was her Christmas message, 10 months after her accession. On the next day, at the which proclaimed him King, the proceedings were televised; in 1952 it had met behind closed doors. Two days later, the new King to receive messages of condolence from both Houses; in 1952, those messages were delivered to the Palace, rather than the monarch coming to parliament. This demonstrated that the monarchy鈥檚 relationship with the public and parliament was different to that of 1952.

Back to top

Counsellors of State

On 14 November the King sent a requesting that Princess Anne and Prince Edward be made , an office held by members of the royal family which enables them to carry out official duties when the monarch is abroad or otherwise temporarily incapable of doing so. The rules on who can be a Counsellor are set out in the ,听which states that only the monarch鈥檚 spouse and the first four adults (over the age of 21) in the line of succession can be Counsellors. This means that there are currently five Counsellors of State: the Queen Consort, the Prince of Wales, Prince Andrew, Prince Harry, and Princess Beatrice. It also means that parliament needs to pass legislation if it is to give effect to the King鈥檚 request.

The government introduced the the day after the message was read out in parliament.听Lord (Nicholas) True, Leader of the House of Lords,听 that it was expected to have an 鈥榚xpedited鈥 passage through parliament, and it had its less than week later, on 21 November.

Almost all speakers expressed support for the bill, although Crossbencher and other peers argued that several related issues 鈥 including the status of the Dukes of York and Sussex 鈥 mean that wider reform of the Regency Act would also be welcome. Committee stage commenced on 23 November and was underway as Monitor went to press.

Back to top

Future of the Commonwealth realms

The Queen鈥檚 death inevitably revived speculation about which of the realms (the 14 Commonwealth countries where Charles is now also head of state) might now become republics. The Prime Minister of Antigua and Barbuda, Gaston Browne, within days of the Queen鈥檚 death that he would hold a referendum on becoming a republic in the next three years. Shortly afterwards, Andrew Holness, Prime Minister of Jamaica, 鈥楾here is no question that Jamaica has to become a republic鈥. Successive Jamaican Prime Ministers have been saying something similar for years: the obstacle听is that it requires a two-thirds vote in both Houses of the Jamaican parliament, followed by a referendum. Australia faces a similarly high threshold to change the constitution. Although the new Prime Minister, Labor鈥檚听Anthony Albanese, has appointed Matt Thistlethwaite as Assistant Minister for the Republic, he has also that a referendum on the issue was not something he would consider in his government鈥檚 first term.

Back to top

Prince Philip鈥檚 will

Last year Andrew McFarlane, President of the Family Division of the High Court, held a private hearing where he approved a confidential application to seal Prince Philip鈥檚 will, which otherwise would have been open to public inspection. The decision was taken in secret and then published shortly after. Since 1911 the courts have granted private applications to keep confidential 33 wills belonging to members of the royal family.

The Guardian appealed the decision to hold the hearing in secret without giving media organisations the opportunity to attend. In late July, the Court of Appeal , concluding that 鈥楾he two critically important things to protect were鈥 the public interest in a) protecting the dignity, and b) protecting听the private rights of the sovereign and close members of her family鈥. Lady Justice King wrote in a concurring judgment that had she decided the matter at first instance, she would have tried to find a way to facilitate听media access, but that the original decision was a matter of discretion, which judicial norms prevented her from second guessing. She therefore joined her fellow judges in dismissing the appeal, citing the attendance of the Attorney General as 鈥榞uardian of the public interest鈥 as an important factor.

Back to top

Courts Banner

The Bill of Rights Bill

When Liz Truss took office as Prime Minister in September, she sacked Justice Secretary Dominic Raab and replaced him with former Northern Ireland Secretary Brandon Lewis. Within 24 hours, it was reported that Truss had not to proceed with passage of听the Bill of Rights Bill, which had been introduced to the Commons by Raab in June (see Monitor 81, page 12). Lewis of the decision that 鈥榯he principles and objectives鈥 of the bill had not been discarded, and that听the government was rethinking how to put them into law.

Robert Buckland Image
() by .


When Rishi Sunak became Prime Minister less than two months later, he reappointed Raab to run the Ministry of Justice. Raab soon his intention to proceed with the bill. Labour is , and the government cannot necessarily rely on unanimous support from its backbenchers. For example, former听Justice Secretary Robert Buckland 鈥 who served as Wales Secretary over the summer and under Truss 鈥 of the bill during the summer leadership contest and was with helping to听convince Truss to pause it. In November he the bill as 鈥榳orse than useless鈥 and 鈥 not for the first time 鈥 expressed concern that it could be amended to include and create other new freestanding rights which the government and his party might not approve of.

It is too early to tell whether this sort of opposition will translate into a Commons rebellion of significance, but even if MPs allow it to pass smoothly, the bill can expect a rough ride in the House of Lords, which in the previous parliamentary session in relation to legislation with negative human rights implications.

Back to top

Parties Banner

Conservative leadership elections

Recent months have seen not one but two Conservative leadership contests 鈥 the first ending with the election of Liz Truss on 5 September, and then, following her听20 October indication of her resignation, the second selecting Rishi Sunak just four days later.

As noted in Monitor 81 (page 14), Truss had come second and received fewer than a third of votes , Penny听Mordaunt having taken second place in every previous round. Truss鈥檚 and 厂耻苍补办鈥檚 names were put to members, and, after a busy summer of hustings meetings, she beat him in the member ballot by 57% to 43% (distinctly less than had suggested).听Sunak had led at every round of MP voting, which fuelled attention during the contest on the merits of a system which gave around the choice of the next Prime Minister. , including , raised questions about the suitability of the process. Most strikingly, 鈥 who as party leader had originally ushered in the member ballot 鈥 suggested in October that this should be reconsidered. It clearly had the potential to leave Conservative MPs with a leader they did not support.

When the Truss premiership dramatically fell apart (see New Prime Ministers, new Cabinets), the party was faced with the prospect of another contest. The backbench 1922 committee,听responsible for deciding the rules for the initial stages, to enter the ballot, compared to the threshold of 20 in the summer contest. With 357 Conservative MPs, this ensured a maximum of three candidates would be put to a vote. The member ballot was officially to be retained, electronically and听on an expedited timetable, but with MPs allowed a run-off between the final two candidates to indicate parliamentary support 鈥 unlike in July. Sunak again led听from the outset, eventually attracting 鈥 well over half the parliamentary party. Over a tense weekend, 58 MPs publicly backed the return of former Prime Minister Boris Johnson, to have exceeded the threshold of 100, but ultimately withdrew. Penny Mordaunt gained 26 public backers, and before dropping out just before the close of nominations on 24 October. Sunak was hence the last person standing and declared the winner without grassroots members being consulted. MPs seemingly narrowly escaped having a leader thrust upon them by members whom they transparently did not support 鈥 perhaps even one whom they had effectively driven out of office earlier this year. As Unit Director Meg Russell , this illustrated just how much instability member ballots can introduce to a system of parliamentary democracy, which centres around leaders having the support of their party鈥檚 MPs. Parties may well now rethink these processes.

Back to top

Labour and the constitution

Amidst widespread concerns over the Truss government鈥檚 , Labour its earlier pledge to .

At least some within the party were meanwhile pushing for much more sweeping constitutional reforms. Motions calling for the introduction of a proportional voting system for Westminster elections by听at least 140 constituency parties ahead of the party conference in September, making this the most widely endorsed proposal for debate. The move was at the conference itself, gaining support on听a show of hands from key unions as well as most constituency delegates. Keir Starmer , however, that he had no intention of including such a change in Labour鈥檚 next manifesto.

By contrast, Starmer was responsible for creating another source of pressure for constitutional change, in the form of a review led by former Prime Minister Gordon Brown. Little has been said in public about the so-called Brown Commission since Starmer it in December 2020, and the group has no official public presence. A was leaked in September, however, including plans for a new wave of bottom-up devolution within England, replacement of the House of Lords听with a chamber of nations and regions, and a much tougher system for enforcing standards among MPs and ministers. But whether the recommendations will receive frontbench support 鈥 indeed, whether the report will ever see the light of day 鈥 remains unclear.

Back to top

Nations Banner

The future of the Union

In the last two months, the UK has experienced the first royal accession in 70 years and two changes of Prime Minister, all of which will have 鈥 as yet unclear 鈥 ramifications for the future of the Union.

The late Queen was widely held in high regard; whether King Charles can be seen as uniting the nation as effectively remains to be seen. The decision to immediately name Prince William as the new Prince of Wales was not universally popular. A calling for the title to be retired 鈥 on the basis that it 鈥榰ndermines Wales鈥檚 status as a nation and a country鈥 and serves no constitutional purpose 鈥 had been signed by almost听40,000 people when Monitor went to press. When asked about the petition during the national mourning period, First Minister Mark Drakeford that he thought the debate was worth having, but that it should not take place until after the Queen鈥檚 funeral. He also confirmed that he had not been consulted or informed about the King鈥檚 decision before it was announced.

On the other hand, the King鈥檚 tour of the UK in the week following his accession (see The death of Elizabeth II and accession of Charles III) manifested a desire to respect and celebrate the diverse identities and traditions of the country鈥檚 component parts. This approach to the Union appeared to contrast markedly with that adopted by both Boris Johnson and Liz Truss.

During her brief premiership, Truss seemed to continue her predecessor鈥檚 centralising tendencies and dismissive听attitude towards the devolved administrations, a strategy sometimes referred to as 鈥鈥. Rishi Sunak has sought to project a different tone. Unlike Truss, he found time to to the Scottish and Welsh first ministers on his first day in office. On 10 November, he became the to attend a meeting of the , where he also held bilaterals with the Scottish and听Welsh First Ministers and the Taoiseach. Michael Gove鈥檚 return to the Department for Levelling Up, regaining also his former role of minister for intergovernmental relations, might likewise restore sensitivity to devolved sensibilities 鈥 though how big a shift there will be in the frequency and effectiveness of interactions between Westminster and the other governments remains to听be seen. Alister Jack as Scottish Secretary is likely to maintain the government鈥檚 refusal to countenance a second independence referendum; in the summer he the Scottish government鈥檚 suite of papers, , as a 鈥榳heeze鈥. New Wales Secretary David T C Davies can be expected, as a former campaigner against the creation of the Welsh Assembly, to oppose further devolution in Wales.

Rishi Sunak Nicola Image
() by .

Back to top

England

Progress continues on a new generation of devolution deals across England, as discussed in Monitor 81 (page 15). Two deals were agreed with the (covering Derby, Derbyshire, Nottingham, and Nottinghamshire) and in听August. County Durham is believed to be instead of pursuing a solo deal, and discussions are thought to be advanced with Suffolk and Greater Lincolnshire. A with Cornwall requires the creation of听a directly elected mayor, which has proved contentious locally. Calls for a referendum on the mayoral issue have been by Cornwall Council as too expensive, so it is unclear what will happen next.

The has, meanwhile, completed its committee stage in the House of Commons, with no significant changes made to its devolution provisions. Michael Gove, the Secretary of State who introduced the bill before being sacked by Boris Johnson in July, resumed ownership following Rishi 厂耻苍补办鈥檚 appointment as Prime Minister in October.

The government has continued with work on some less-heralded commitments within February鈥檚 . These include developing a new accountability framework for combined authorities; simplifying the landscape of grant funding available to combined authorities; and听improving the collection and publication of data on sub- national governance. In regard to the last of these, the consultancy MetroDynamics the creation of 鈥榣ocal policy innovation observatories鈥 to gather data and evidence of successful projects, and to undertake modelling.

The prospects for English local government are uncertain. During the Truss government, ministers that the Fair Funding Review, originally launched in 2016, would not progress until 2025, but the status of this policy decision is now unclear. It is also possible that there will be further reductions in local government funding due to the economic situation; and the effects听of the sudden rises in inflation on local government budgeting plans have not been addressed.

Back to top

Northern Ireland

Northern Ireland is , with Assembly elections potentially looming in the spring.听There has been no functioning Executive since February, and elections in May failed to lead to one being formed (see Monitor 81, page 16). Under passed in February 2022, there was a six-month period for the formation of an Executive during which ministers from the pre-February Executive continued with limited, caretaker functions.

That period ended on 28 October, when the caretaker ministers lost office and elections were required by law. But this was an unwelcome prospect within Northern Ireland and beyond, and London eventually to postpone such elections. The bill to implement this will also underpin the powers of civil servants, set a budget and empower the Secretary of State to reduce Assembly members鈥 pay. Elections will not need to happen (and pay will not be cut) if an Executive is formed before 19 January.

Accommodating the DUP will be difficult: its supporters, and other unionists, are .听Implementing in full the current Protocol Bill 鈥 currently (see below) 鈥 would probably satisfy these groups. But this would risk a trade war with Europe, which would have grave听implications for Northern Ireland鈥檚 trading links with the EU and potentially lead to borders within the island of Ireland.

Westminster, however, has continued to take steps to implement 2020鈥檚 agreement. The completed its parliamentary stages on 26 October and was awaiting royal assent when Monitor went to press. The bill will give the Irish language official status in Northern Ireland, permit the use of Irish in courts听and provide for the appointment of Irish and Ulster Scots/Ulster British commissioners. DUP leader Jeffrey Donaldson opposed the bill, that it did not adequately protect those from an Ulster Scots or Ulster British background. Sinn F茅in naturally welcomed the bill, but its MPs do not take their seats, so did not participate in the relevant debates. SDLP leader Colum Eastwood , but expressed regret that it was being passed in Westminster and not by the Assembly, sentiments which were by Alliance鈥檚 Stephen Farry.

Debate over the longer-term future of Northern Ireland was given impetus by in September showing for the first time that there are more Catholics than Protestants in the Northern Ireland population.听The results were not a surprise and will have no immediate political implications, but recent events may be influencing longer term preferences; .听The debate on unity is intensifying: there have been a succession of , and on the subject. Yet difficult practical issues, set out in the report of the Unit鈥檚 Working Group on Unification Referendums on the Island of Ireland, are still being skirted.听

The DUP鈥檚 MP Ian Paisley, meanwhile, has introduced a in the Commons, the effect of听which would be to increase the threshold for Irish unity, contrary to the Belfast/Good Friday Agreement. There is no sign of government support, so it is unlikely to become law.

Back to top

The Northern Ireland Protocol Bill

The had its in the Lords on 11 October. Numerous speakers 鈥 including Conservative peers and Crossbenchers 鈥 stated their opposition and 鈥 in many cases 鈥 their view that听the bill would breach international law if enacted. Lord (Patrick) Cormack, a Conservative peer, that invited the government to 鈥榩ause鈥 the bill for six months, but withdrew it.

The bill in early November. The bill as a whole was criticised, as were many of its individual clauses, particularly those relating to what the Lords Delegated Powers and Regulatory Reform Committee 鈥榠nappropriate delegations听of power鈥 to UK ministers. Crossbencher Lord (David)听Pannick that the Henry VIII powers in the bill 鈥榗onfound constitutional principle鈥, and similar听criticisms came from peers on all sides of the chamber. If the bill becomes law in its current form, for example, the resulting Act of Parliament will be amendable by regulations. Pannick said this rendered scrutiny of it a 鈥榳aste of time鈥, as ministers can simply amend it as they see fit later. However, the bill is not without support from other parties. Unionists such as DUP peer and former Ulster Unionist leader听 spoke in favour, and said that Northern Ireland鈥檚 representatives should be more directly involved in the Protocol negotiations. Peers have asked that information be provided on the status of the talks prior听to report stage.

The government has argued that the bill will 鈥榝ix鈥 the contentious parts of the Protocol, restore political stability following the recent collapse of the Stormont institutions,听and protect the Belfast/Good Friday Agreement, which听. However, the bill is by nationalist parties in Northern Ireland,听the Alliance Party, the Irish government, the European Commission and US President Joe Biden.

Despite this, the two new senior ministers in the Northern Ireland Office, Chris Heaton-Harris and Steve Baker, have in recent weeks. Rishi 厂耻苍补办鈥檚 decision to retain these Truss appointees, despite their former status as key members听of the European Research Group (ERG), will have been better received in Dublin than might have been the case a few weeks previously. Both appear willing to with the EU and are in Northern Ireland. At the UK鈥揈U level, to the dispute have resumed between Foreign Secretary James Cleverly and European Commissioner Maro拧 艩ef膷ovi膷.

Heatn-HArris and Baker Image
r (second from left) () by .


There are some overlaps in priorities. Both sides have indicated that 鈥榚xpress鈥 lanes could be created to fast- track the movement of goods between Great Britain and Northern Ireland where the origin and destination can be established with reliable traders. But wide gulfs also remain, including on the jurisdiction of the European Court of Justice and the scope of UK state aid in Northern Ireland. What鈥檚 more, the other actors strongly reject the UK鈥檚 threats of unilateral action and have听argued that the Protocol Bill is .听In the coming weeks and months, the fate of the talks is likely to be directly linked to that of the collapsed Stormont institutions (see above). In addition, the threat of EU trade sanctions against the UK if the bill were to pass remains.

Back to top

Scotland

The constitutional debate in Scotland remains focused on the question of independence. As outlined in Monitor 81 (page 17), a was referred to the UK Supreme Court in July by Lord Advocate Dorothy Bain 鈥 the Scottish government鈥檚 chief legal officer 鈥 to determine whether the proposed legislation was within the competences of the Scottish Parliament.

At a in October, the UK government argued that, as the legislation had not yet been presented to the Scottish Parliament, questions of competence were premature and the Supreme Court should not weigh听in on 鈥榟ypothetical鈥 matters. The Scottish government argued that the allows the Lord Advocate to refer 鈥榓苍测鈥 issue relating to devolution and that the existence of a draft bill is sufficient. On the matter of competence, the UK claimed that a听consultative referendum 鈥榦n whether Scotland should be an independent country鈥 had obvious implications for the Union, a matter reserved to Westminster under of the Act. The Scottish government counter-argued that, as the proposed referendum is 鈥榗onsultative鈥, its results would not have implications for reserved competences.听The Supreme Court disagreed: as Monitor was going to press, it published a unanimous accepting the reference, but finding that the Scottish Parliament lacks the competence to legislate for an independence referendum on reserved competence grounds.

Meanwhile the Scottish government continues to make its case for independence via the publication of a series of prospectuses. Three papers have been published to date, addressing , , and .

Beyond the long-running question of independence, the contentious reached Stage 2 of the legislative process in the Scottish Parliament in October, despite . The bill is designed to make it easier for transgender people to obtain a .

Though gender recognition is a devolved matter, the legislation the bill seeks to amend is an Act of the UK Parliament that applies to Scotland by consent of the Scottish Parliament. Ministers in London have indicated in recent months that they might attempt to block it. Then Attorney General Suella Braverman that she might seek advice on how to prevent what she described as the creation of a 鈥榯wo-tier system鈥 of recognition, and it was after the appointment of Liz Truss as Prime Minister that she would also seek to block听the bill. What, if anything, the newly appointed Sunak government will choose to do remains unclear.

Back to top

Wales

A occurred in Cardiff on 1 October for the first time since the start of the COVID-19 pandemic. Perhaps 10,000 people attended, reflecting the fact that an independence-favouring political movement has taken root as a prominent but minority voice in the Welsh political landscape.

First Minister Mark Drakeford undertook a visit to the Irish Republic in mid-October to participate in the , a key structure to have emerged from the growing diplomatic relationship between the two governments. During media appearances associated with the visit, Drakeford discussed , in which he said Wales had a 鈥榙irect interest鈥, and clarified in with the Irish Times that听he did not support independence for Wales. Using the platform to elaborate on his federalist position, Drakeford spoke of being 鈥榃elsh first and British next鈥 and described the UK Union as a 鈥榞reat insurance policy鈥.

Behind the scenes, the continues to gather expert evidence and to carry out engagement activities. The current stage of the process appears to consist of interviews between the commissioners and academics, senior political figures and civil society organisations.

An area of renewed interest is the subject of post-Brexit powers. Welsh Counsel General Mick Antoniw in September to express concerns about the 鈥榗onstitutionally unacceptable鈥 (see Retained EU Law (Revocation and Reform) Bill). He stated the Welsh government鈥檚 opposition to UK ministers being given 鈥榰nfettered authority鈥 to legislate in devolved areas and complained that there had been a lack of engagement with Welsh ministers about the bill鈥檚 aims and provisions. Without changes, the bill will certainly represent a source of intense conflict between the听Welsh and UK administrations.

Back to top

Public Attitudes

Recent surveys on constitutional matters

The latest (BSA) survey, published in September, found that more people (51%) were in favour of changing the electoral system to allow 鈥榮maller parties to get a fair share of MPs鈥 than wanted to retain the current system (44%). This marks the first time that a more proportional system has been preferred since this question was first asked by the BSA in 1983, a shift primarily driven by Labour supporters. The same听survey also asked respondents whether they would prefer general elections to be held on fixed dates, or at a time of the Prime Minister鈥檚 choosing. Three quarters of respondents indicated a preference for the former option, while only 23% advocated the latter.

Meanwhile a September report by the think tank Onward, entitled 鈥鈥 described a troubling 鈥榞enerational slide鈥 towards support for authoritarianism. Polling conducted by J L Partners found that 61% of those aged between 18 and 34听agreed that 鈥榟aving a strong leader who does not have to bother with parliament and elections鈥 is a good way of governing the country. The report concluded that the key drivers of such attitudes were: social isolation; overprotective parenting; work-related stress; and social media usage.

The second survey of the Unit鈥檚 Democracy in the UK after Brexit project was carried out by YouGov between 26 August and 5 September (see New survey research on attitudes to democracy in the UK). The survey was undertaken shortly before the death of Queen Elizabeth II: when asked what should happen to the monarchy after her death, 26% favoured abolition, while 58% wanted to retain it. Polls by and suggested a slight uptick in support for the monarchy immediately following the Queen鈥檚 death, and a large increase in the proportion thinking Charles would do a good job as King.

King Charles and Prince William Image
() by .


After Liz Truss announced her resignation, YouGov fielded a asking how the next Conservative Party leader should be selected. Among Conservative voters, 44% favoured Conservative MPs making this choice, and听34% wanted party members to choose between two candidates proposed by Conservative MPs.

Back to top

    Upon the death of Queen Elizabeth II on 8 September, Prince Charles became King, taking the title of King Charles III. The Duchess of Cornwall became Queen Consort. Prince William succeeded Charles as Duke of Cornwall and Duke of Rothesay, and was made Prince of Wales the following day. The Queen Consort (as the monarch鈥檚 spouse) and Princess Beatrice (as the fourth person in听line to the throne aged over 21 years) are now Counsellors of State.

    Boris Johnson resigned as Prime Minister on 6 September, having announced his decision to step down in July. Liz Truss was elected听party leader on 5 September and became Prime Minister on 6 September, but announced her own departure on 20 October. Rishi Sunak won the consequent leadership contest and was appointed as Prime Minister on 25 October.

    Baroness (Simone) Finn stepped down as Downing Street Chief of Staff when Boris Johnson resigned as Prime Minister. Truss appointed Mark Fullbrook to the role, but he left Downing Street after her resignation. Sunak appointed Liam Booth-Smith to replace him.

    Both Truss and Sunak made fresh ministerial appointments after taking office in September and October respectively. Brandon Lewis briefly replaced Dominic Raab as Lord Chancellor in September, only for Raab to return to the role in October. Raab鈥檚 title of Deputy Prime Minister was given to Th茅r猫se Coffey by Liz Truss but handed back to听Raab when Sunak reappointed him to the government.

    Oliver Dowden was appointed Chancellor of the Duchy of Lancaster by Rishi Sunak, taking over from Nadhim Zahawi, whom Liz Truss had appointed to replace Kit Malthouse in September. Sunak made Zahawi Chairman of the Conservative Party. Zahawi鈥檚 predecessor, Jake Berry, returned to the backbenches less than two months after Truss had appointed him to replace Andrew Stephenson and Ben Elliot, who had held the position jointly.

    Truss made Edward Argar Minister for the Cabinet Office in September, replacing Michael Ellis. Following Kwasi Kwarteng鈥檚 sacking by Truss in October, Argar swapped jobs with Chris Philp, becoming Chief Secretary to the Treasury. Sunak then moved Philp to the Home Office later in the month, appointing Jeremy Quin to the Cabinet Office role. Argar was also moved by Sunak, replacing Rachel Maclean as Minister of State at the Ministry of Justice.

    Michael Ellis was moved from the Cabinet Office by Truss in September to become Attorney General. His predecessor, Suella Braverman, became Home Secretary. 厂耻苍补办鈥檚 arrival saw Ellis returned to the backbenches, while Victoria Prentis took over as Attorney General.

    Michael Tomlinson was appointed Solicitor General by Truss in September and remains in post; his predecessor Edward Timpson returned to the backbenches.

    Penny Mordaunt replaced Mark Spencer as Leader of the House of Commons when Liz Truss took office in September. Lord (Nicholas) True was appointed by Truss to replace Baroness (Natalie) Evans of Bowes Park as Leader of the House of Lords. Both remain in post.

    Peter Bone, who had been made Deputy Leader of the Commons by Boris Johnson in July, left the government in late September. The position remained vacant when Monitor went to press.

    Greg Clark, who was appointed Levelling Up Secretary by Johnson in July, was removed by Truss, who replaced him with Simon Clarke. Rishi Sunak reappointed Michael Gove 鈥 who had resigned under Johnson 鈥 to the post. Gove is also once again Minister for Intergovernmental Relations, a position that Nadhim Zahawi 鈥 when Chancellor of the Duchy of Lancaster 鈥 held under Liz Truss.

    David T C Davies was promoted by Rishi Sunak from a junior ministerial position at the Wales Office to the position of Wales Secretary, replacing Robert Buckland, who returned to the backbenches.

    Shailesh Vara stepped down as Northern Ireland Secretary in September and Liz Truss appointed Chris Heaton-Harris to replace him 鈥 a decision reaffirmed by Sunak. Wendy

    Morton was made Chief Whip by Truss in place of Heaton-Harris, but left the government when Sunak appointed Simon Hart to the role.

    Steve Baker was appointed Minister of State for Northern Ireland in September after Conor Burns was made a trade minister and retains that role. Burns subsequently resigned from the government in October.

    Michelle Donelan was appointed Secretary of State for Digital, Culture, Media and Sport by Truss and retained by Sunak. Her predecessor Nadine Dorries left the government.听

    All ministers in the Northern Ireland Executive left office on 28 October. Running of their departments has passed temporarily to civil servants.

    Deirdre Brock replaced Pete Wishart as the SNP鈥檚 Shadow Leader of the House of听Commons after he was moved to shadow Defra.

    Lord (David) Lloyd-Jones retired as Justice of the UK Supreme Court in January after reaching the mandatory retirement age of 70.听Nobody was selected to replace him and he was reappointed in August after the retirement age was increased to 75. Lord (David) Richards was also appointed to the court in August. He replaced Lady (Mary) Arden.

    Professor Jeff King became Director of Research at the Bingham Centre for the Rule of Law in September.

    Back to top

    CU News Banner

    New survey research on attitudes to democracy in the UK

    The Unit鈥檚 research into public attitudes to democracy continues through its Democracy in the UK after Brexit project. Following publication of the findings of a major听survey of public opinion conducted last summer and of the conclusions of the Citizens鈥 Assembly on Democracy in the UK, which met last autumn, the Unit, working听with YouGov, completed a follow-up public opinion survey in August and September. The responses are now being analysed, and full results will be published in the near future. Ahead of that, however, the Unit has听published initial findings on public attitudes to reform of the House of Lords. This showed overwhelming support for a chamber no bigger than the House of Commons, and for appointments to be made by an independent body rather than the Prime Minister. Opinion was divided, however, over whether the Lords should have elected members, appointed members, or use some combination or alternative.

    Back to top

    Briefings on constitutional standards and the health of democracy

    The Unit鈥檚 project on constitutional standards and the health of democracy has continued to produce briefings on core questions, targeted at policymakers and a wider public. As well as appearing on the project websitein printable PDF form, each briefing also appears on the . After a break over the听summer, our first autumn briefing focused on protecting constitutional principles. It identified and explained the importance of five such principles: institutional checks and balances; representative government and free听and fair elections; rule of law; fundamental rights; and integrity and standards. Following the appointment of Rishi Sunak as Prime Minister, and his very welcome statement that he wished to restore 鈥榠ntegrity, professionalism and accountability鈥 to government, a outlined key means to achieve this goal. Further briefings will appear over the coming months. If you would like to join the mailing list to be alerted to their publication, you can sign up for this at the project website link above.

    Back to top

    Unit reports on accession and coronation of the monarch

    On 23 October, the Unit published two reports on themonarchy, which explore the process for the coronation听of Charles III and the accession of his successor.

    Swearing in the new King: the Accession and Coronation Oaths was co-authored by former Unit Director Robert Hazell and Honorary Senior Research Associate Bob Morris. It argues that the oaths must be revised to better听reflect modern society or abolished entirely. It proposes several potential replacement texts for each of the oaths but recognises that the necessary legislation to revise the coronation oath is unlikely to be forthcoming before the ceremony in May 2023. The authors therefore proposed that the oaths be amended by statute before the accession of Prince William.

    The Coronation of King Charles III, written by Bob Morris, focuses on the coronation ceremony, comparing the likely format of May鈥檚 event with the grander, larger coronation of Elizabeth II, which the UK currently听lacks the capacity to match. The report鈥檚 conclusion recommends removing the performance of homage by peers from the proceedings and making the event as a whole 鈥榣ess overwhelmingly Anglican鈥 than those of previous monarchs.

    The conclusions of both reports are discussed in more detail in .

    Back to top

    The royal prerogative

    Robert Hazell and former Unit volunteer Timothy Foot 鈥 now a practising barrister 鈥 have co-authored a new book on the history, current operation, and potential听future reforms of the royal prerogative.

    seeks to clarify the respective roles of government, parliament, and the courts in defining the scope of prerogative powers and regulating their use. Each of the powers has its own dedicated chapter, allowing for detailed discussion of the subject matter.

    Parliamentary tussles over Brexit led to much discussion about the proper use of the prerogative and the executive鈥檚 controversial use of its power to prorogue parliament in 2019 had to be decided by the UK Supreme Court. The book also therefore makes suggestions for reform of the prerogative, such as which prerogative powers should be codified by primary legislation.

    Back to top

    Staff news

    Office manager Rachel Cronkshaw started a period of maternity leave in August, which meant the welcome return of Edd Rowe as her maternity cover.

    Research assistant Sam Anderson sadly left the Unit for an exciting new role at the House of Lords in October, having attained a Distinction in his Masters degree.

    PhD student Lotte Hargrave passed her viva without corrections in October on her thesis 鈥楾he Influence of Gender Stereotypes on Politicians鈥 Behaviour and Voter Attitudes鈥. She has now taken up a position as Head of Data Science at Deltapoll.

    Back to top

    Research volunteers

    The Unit is, as always, grateful for the excellent work done by its research volunteers. A big thank you to former volunteers Rohan Bainbridge, Andrea Dalling, Rowan Hall, Ben Matthes, Matthew Pegler and听John Sheridan.

    Back to top

    Podcast Banner

    Listen to our Podcast!

    The Constitution Unit podcast allows you to listen to audio recordings of our events, as well as topical episodes featuring analysis and commentary from our team of researchers.

    Listen to our recent episodes!

    You can find a full episode list , or subscribe via a range of podcast providers, including , and .

    Bulletin Board Banner

    Events recently made available online

    Recordings of all of Unit events are available online, via the Unit鈥檚 podcast and YouTube pages. To sign up for future events, please visit the Unit鈥檚 events page. Webinars are free and open to all.

    • Dr Sue Onslow, Director of the Institute of Commonwealth Studies, University of London, Catherine Pepinster, author of Defenders of the Faith, Dr Craig Prescott, Lecturer in Law at Bangor University.听Chair: Professor Robert Hazell, Professor of Government and the Constitution at the Constitution Unit.听Recorded on 26 October.

    • Lord (Gavin) Barwell, former Downing Street Chief of听Staff, Lord (Gus) O鈥橠onnell, former Cabinet Secretary, Anne Tiernan, Adjunct Professor at the Griffith Business School, Australia.听Chair: Professor Meg Russell, Director of the Constitution Unit.听Recorded on 6 October.

    Unit in the news

    • Lisa James wrote a piece for the on the constitutional legacy of Boris Johnson鈥檚 premiership (1 September).

    • Robert Hazell was interviewed by Sky News following the death of the Queen (8 September). He and Bob Morris also appeared numerous times on ITV News to discuss the same subject (8, 9 and 10 September).听Robert discussed the constitutional implications of the Queen鈥檚 death, the plans for her funeral and听the accession and coronation of King Charles III on Bloomberg News (9 September and 19 September), the BBC World Service and LBC (both 9 September), Times Radio (10 September), Radio 4 and Radio Ulster (both 12 September), Zivile Raskauskaite (15 September), the Evening Standard鈥檚 podcast (16 September) and the BBC World Service (18 September). Robert was also quoted in the (9 September), , and (all 10 September), (14 September), (30 September), and the (15 October).

    • Bob Morris was quoted on the same subjects in the (8 September), (11 September), (12 September), (13 September) and (22 September). Quotes from Bob also appeared in articles on CBC News ( and ), the (30 September) and Yahoo News (and ). He was quoted on the future of the monarchy in the Commonwealth realms by (12 September), and appeared on to discuss the benefits of the UK having a constitutional monarchy (14 September).

    • Robert Hazell was quoted in an on the website of the International Bar Association on the role of the Crown in appointing judges (22 September).

    • Alan Renwick appeared on BBC Radio Ulster鈥檚 to talk about the work of the Working Group on Unification Referendums on the Island of Ireland (25 September).

    • Robert Hazell was quoted in the on听the role Prince Andrew will play under the new monarch (13 September). He discussed the possibility of the听UK becoming a republic on the Agence France-Press podcast (16 September) and was quoted on the same subject in the and magazine (both 15 September). He answered questions about the constitutional role of the monarch on the Thomson Reuters podcast (18 October).

    • Meg Russell wrote an article for the in which she argued that the Labour Party should make clear commitments on restoring integrity and accountability to British politics (4 October).

    • Robert Hazell was quoted on the place of Prince Harry in the line of succession in articles published on , and (all 9 October).

    • A post written by Meg Russell for the on the September budget crisis was quoted in the (6 October). The same piece was cited in a comment piece on the about the collapse of the Truss government (20 October).

    • Bob Morris and Robert Hazell were both quoted in a article about seating arrangements for the coronation (16 October).

    • Meg Russell appeared on to discuss what would happen if Liz Truss was ousted as Prime Minister (18 October).

    • Meg Russell appeared on Sky News to discuss the possibility of Boris Johnson returning as Prime Minister following the resignation of Liz Truss (21 October).

    • Robert Hazell was quoted by in an article about the prospects of an early general election (21 October).

    • An explainer about the nature of the UK鈥檚 constitution on the Unit website was quoted in a comment piece about whether the British public want a written constitution (21 October).

    • The Unit鈥檚 report, The Coronation of King Charles III, was quoted in a article about the planning of the upcoming coronation ceremony (22 October).

    • Meg Russell authored a piece for in which she argued against party members having a decisive role in the selection of party leaders (23 October). This piece was quoted in (26 October). Meg made similar points in a letter to the (26 October).

    • Tom Fleming and Lisa James appeared on 果冻影院鈥檚 podcast to discuss the role of parliament in shaping Brexit-related legislation (27 October).

    • Lisa James wrote a post for the on the role of members in selecting party leaders (1 November).

    • Meg Russell appeared on LBC鈥檚 Lewis Goodall show to talk about appointments to the House of Lords and听potential reform of the second chamber (11 November).

    Committee appearances

    • Meg Russell appeared before the Commons Administration Committee to discuss processes for MPs leaving the House of Commons ().

    Unit publications

    Publications to note

    • Peter Hennessy and Andrew Blick, (Haus Publishing, October).

    • Robert Jones and Richard Wyn Jones, (University of Wales Press, October).

    • Alexander Horne, Louise Thompson and Ben Yong (editors), (Hart Publishing, September).

    Contributors to Monitor 82

    Coree Brown Swan, Dave Busfield-Birch, James Cleaver, Tom Fleming, Robert Hazell, Lisa James, Conor J. Kelly, Rebecca McKee, Alexandra Meakin, Luke Nicholas, Alan Renwick, Meg Russell, Mark Sandford and Alan Whysall.

    The issue was edited by Dave Busfield-Birch.

          Back to top