The Role of Select Committees with Stephen McGinness

Round two took place in the same venue and timeslot. Our second guest was Stephen McGinness, Senior Clerk in the Journal Office.

McGinness recalled that he had started working for parliament in 1998, having previously been an environmental biologist, as evidence that there are many possible routes into the political scene.

We were asked if we knew the purpose of select committees. The answer that emerged was to study complex issues in more detail than would be possible in plenary. Committees are elected by MPs with quotas for each party to reflect their overall size in the house just after a general election. It was noted that, in the last parliament especially, defections and by-elections can cause significant changes to the balance of power in the lower house which will not be reflected in committees. There are a few committees in which the party balance is different, notably the Scottish Affairs committee in which the Scottish National Party, naturally, has a larger delegation (although they did not get a majority as they had wanted).

Departmental select committees were instituted in 1979 at the initiative of Norman St John-Stevas, though others had existed for centuries before. Prior to 2010 a chairman would be elected among committee members at their first meeting. The members in turn were nominated by their party’s whips. In practice the whips would decide the chairman in advance as well. Nowadays the committees and their chairs are elected by the whole house in a secret ballot. The chairman generally does not vote except to break ties, which means that the government sometimes finds it advantageous to have an opposition member in charge and vice versa. McGinness told some stories about parliamentary manoeuvrings of those who sought chairmanships – such as Meg Hillier scooping up second preference votes for Public Accounts, or whips trying to get Nicola Blackwood atop Science & Technology as consolation for not making her a minister.

Our guest then showed us some information graphics, which he admitted to pinching from the Institute for Government, and whose content I will not bother typing out here. His slideshow also included this photograph of a committee room in portcullis house. Immediately I sensed that there was something familiar about the dark-tinted edges, the fuzzy lines and that bright purple suit top. Sure enough I uploaded in 2017 from an educational video that parliament put out in 2012.

An important point made towards the end of the presentation was that the European Scrutiny Committee (mentioned last week) is frequently overlooked by parliament, press and public. They scrutinise EU legislation many years in advance of its implementation yet outsiders only take notice at the last minute – often with alarmist reactions.

After another buffet lunch we again subjected our guest speaker to questions. Those  questions and their answers are summarised below:

How different could two individual chairs be? Some are very adamant, treating members and staff as their own personal retinue. Others are very consensual and always want unanimity. Effectiveness is somewhere in between.

Has there been a change in the nature of chairs since 2010? Elected chairs feel they have a mandate to lead and so are more confident in commanding. Whip-appointed chairs had less of a personal agenda.

Has election improved the quality of chairs? There have been downsides, but committees are now more representative and more independent. You can never guarantee the quality of reports.

Would one-party dominance reduce a committee’s effectiveness? The committee reflects the effectiveness of the whole House of Commons. When one party has a landslide – such as in the Blair years – the committees can often be the real opposition.

Could there be one improvement to the scrutiny process? Currently it is hard to get members away from Westminster. Committee members should be allowed to vote remotely.

[On this one Professor Norton interjected that a party-balanced committee could all be absent at the same time as an extension of pairing. McGinness replied that pairing is now impossible as members no longer trust each other.]

Do Commons committees work with their counterparts in the devolved legislatures? No, they hate us! Devolved administrations don’t want anything to do with Westminster.

 

Parliament and Scrutiny with Jessica Mulley

Today a great many students crowded into a rather small lecture theatre for what, as Professor Norton explained, would be the beginning in a trilogy of events this semester concerning the inner workings of Parliament. Our guest in this first instalment was Jessica Mulley, who became Clerk of the European Scrutiny Committee – which reviews all official documentation from the European Union – last September. She has worked in various clerical roles in the House of Commons since 1993.

Mulley was keen to stress the distinction between scrutiny – a collaborative process between legislature and executive – and accountability – more driven and antagonistic. She set out the three key functions of parliament: to scrutinise government, to make laws, and to authorise money. In the latter case it is the executive which possesses the financial initiative (the right to propose collecting and spending public funds), but the legislature must grant permission. She also discussed the ways in which ministers can convey information to parliamentarians. On the one hand is the ministerial statement, made in the house at the minister’s initiative, with answers given to MPs’ questions later. On the other are various forms of enquiry initiated by parliament. Each department has regularly scheduled questioned periods, though the number of oral questions which can be asked is limited. An MP or peer can also ask written questions, on which there is no limit at all, but Mulley said many found the responses disappointing compared to what could be found through a Freedom of Information request.

The category which most concerned today’s talk was the Urgent Question, which is granted at the speaker’s discretion and to which a minister must reply immediately. These were once granted sparingly, but their usage ballooned following the election of John Bercow as speaker in 2009 and then skyrocketed in the parliament just gone – mostly aimed at the Department for Exiting the European Union. As a group we were asked to discuss whether urgent questions were a good device for scrutiny. The general perception appeared to be that they were more about accountability – and perhaps grandstanding by the opposition. A civil servant from the Department for Business, Energy & Industrial Strategy was in attendance, and he told us that the short-notice nature of Urgent Questions often meant that the minister could not be properly briefed on the subject before going to the dispatch box, with the result that the answer would be of poor quality. He also said that the questions sometimes covered topics outside of the department’s remit.

At was at this point that I made an intervention, relaying a complaint made by an ex-minister at an Institute for Government conference that the rise in urgent questions was an obstacle to reducing the number of ministers appointed, as departments found they always needed someone to be available at short notice. Mulley agreed that modern ministries were overlarge, but dismissed Urgent Questions as a cause.

Our next segment concerned Prime Minister’s Questions. Mulley noted that big money was made by selling broadcast licences for the occasion around the world. She asserted that PMQs were not a good form of scrutiny, because the premier does not have advance notice for the majority of the questions and so must formulate responses on the spot. This changed a little when Jeremy Corbyn took to fielding questions from members of the public on Twitter, for that was an open platform and so the government could read them. It was noted, however, that nearly all prime ministers in living memory spoke highly of the ritual, for it kept them fully briefed on the workings of government. With no advance warning of which topics would be brought up, they would have to make sure they went to the chamber each week with a complete knowledge of every nook and cranny of the state as it was at that moment.

That’s more like it.

At this point our congregation rose and went to the upper floor where a buffet table had been prepared. After the disappointments of last month’s events I was pleased to see that the food was plentiful this time. In addition to the usual chocolate brownie squares, halved sausage rolls and triangular sandwich pieces there was a plate of what looked like miniature fruit crumbles, which was new for me.

In the second half we returned to the cramped lecture hall to ask questions of our own. Mulley cited the select committees as the best form of parliamentary scrutiny, due to their evidence-based inquiry work and their operational autonomy. She recalled her horror at seeing an early version of the withdrawal agreement which would have given statutory duties to the committees, thus depriving them of the ability to control their own agenda. She said that she constantly feared receiving the call that The Queen had died, knowing the administrative burden entailed by a demise of the crown.

An attendee asked about the growing clamour in various political circles for Britain to adopt a written constitution. She said words to the effect of “We have a written constitution. What we don’t have is one single document with paragraph numbers.” and was unconvinced that the creation of such a document would, in and of itself, have any tangible benefit. This response was in tune with comments that Norton has made in recent weeks.

Finally she was asked what could be done to eliminate bullying in the Commons. Mulley said that there was a fundamental power disparity in the House between elected members and everyone else, but said that to take the privileges of MPs away would be to undermine democracy and therefore the only workable solution was to have politicians with the integrity not to abuse their position. She did however, acknowledge that relations between officials themselves were very hierarchical and noted that this was often missed by the press.