Monday Jan 17th 2022 – The Great Parliamentary Resistance (Part 1)

Chris Game

About the first sizable 2022-dated research-based publication I at least scanned was the alliteratively subtitled The Great Reset: Public Opinion, Populism, and the Pandemic by Cambridge University’s Centre for the Future of Democracy.  Based on massive international data sets, it finds that (summarising outrageously), while the pandemic has generally reversed the rise of populist leaders, parties and attitudes, the cost has been “a disturbing erosion of support for core democratic beliefs and principles, including less liberal attitudes with respect to basic civil rights and liberties, and weaker preference for democratic government.”

The UK Government can obviously provide numerous illustrations – from its treatment of refugees and asylum seekers to a Justice Secretary who wants to rewrite the Human Rights Act minus its “wokery”.

But then, literally following the weekend of my coming across The Great Reset, we had the extraordinary, in parts even historic, Monday evening of the Great Parliamentary Resistance.

Both Houses were involved, and two separate Government Bills, both as controversial as they are important, both the subject of consequential, even history-making action simultaneously throughout the evening – and virtually all of at least interest, where not of direct relevance, to an Institute of Local Government Studies.

This Government, even in its legislative behaviour, is greedy, disorganised and unscrupulous, and on that Monday 17th it was all on display – the problem being that, with the more complicated (House of Lords) action being summarily and potentially misleadingly reported, doing justice to the historic legislative events seemed a bit too much for a single blog.  What’s more, I didn’t come across a single stealable visual aid.

So, I took a decision: two separate but linked blogs. The second – because it makes better chronological sense – will cover the hugely controversial Elections Bill, that seeks to ‘Reset’ some of those core democratic beliefs and principles referred to above: among other things, introducing mandatory voter ID at polling stations, undermining the independence of the Electoral Commission, and changing the electoral system for Mayors and Police & Crime Commissioners.

Its intentions to restrict voting are blatantly partisan; it has been rammed through Parliament, added to and amended, minimising legislative scrutiny; and on that Monday evening it received its Third Commons Reading on more or less straightforward partisan lines (https://www.bbc.co.uk/news/uk-politics-60037651), and thereby progresses to the Lords.

Both Jason Lowther and I have blogged previously about aspects of the Bill, and Part 2 of ‘The Great Parliamentary Resistance’ will shortly update them.

For the remainder of this Part 1, though, it’s across to the Lords and their truly historic Monday evening, when they savaged the Government’s ‘flagship’ Police, Crime, Sentencing and Courts Bill – and not once or twice but an apparently Parliamentary record 14 times! 

Even the Bill’s title suggests a huge legislative gallimaufry, and it is – a classic Priti Patel production, taking the whole of the second part of last year to progress through the Lords to last Monday’s Report stage. That time lapse proving, pleasingly piquantly, the key to some of the Government’s difficulties.

For Patel evidently thought it would be a clever wheeze to use the Lords’ extended deliberations as an opportunity to add all sorts of additional clauses to the Bill, covering some of the myriad things that had enraged her since March – like Insulate Britain’s M25 traffic obstructions last September and Extinction Rebellion protests around November’s UN Cop26 climate summit.

All of which meant that there were three distinct types of Government defeats – sorry, votes – taking place at this Lords Report Stage.  First, the ‘normal procedural’ ones, on parts of the Bill as received from the Commons last July, that the opposition parties in the Lords would like to see reconsidered by MPs and ideally amended or removed. This will kick off the process so whimsically known as ‘parliamentary ping pong’ between the two Houses.

Patel’s ‘late additions’, though, are another matter entirely: criminalising protests deemed too noisy and disruptive … and protesters ‘locking on’, either to each other or immovable objects … and interference with key national infrastructure … and obstructing major transport works … and allowing police to stop and search without giving reasons … and allowing courts to ban regular protesters from even attending protests …   The Lords defeated all of these and MPs can’t reinstate them, as they never voted them into the Bill in the first place, so they’re removed altogether – or at least until Patel repackages them into another Bill for the new parliamentary year starting in April.

Then there are the Lords’ own ‘late additions’ – reviewing the prevalence of ‘drink-spiking’ crime … and crime motivated by ‘misogyny’ … and removing police powers to determine what constitutes a ‘noisy’ assembly … and belatedly repealing the 1824 Vagrancy Act, thereby establishing that begging or sleeping rough should no longer, in this post-Napoleonic/Waterloo era, constitute criminal offences.

None of these were in the Bill when it left the Commons, but they are now – and if MPs don’t like them, they’ll have to vote them down.

What concerned me about the initial reports I read of the Great Lords Monday Night Rebellion was that most seemed, albeit understandably, excited by the record 14 Government defeats, to the point of failing to note the really rather significant differences in the categories and potential significance of the defeats – even some of those with a stake in some of that detail, like Police Professional or Green World.  

So, having recently received my copy of the Inlogov Associates Handbook and being slightly apprehensive that the Director might try to inveigle me into some actual lecturing, I thought I’d prepare the first new overhead I’ve attempted for, well, a few years now – summarising at least my understanding of the current state of play. Hope it helps!

 

 

 

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Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

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