Programme Director @ifg_academy @instituteforgov History, Whitehall geekiness and constitutional agony aunt Subscribe to our newsletter: bit.ly/3dxiJ5J
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The fact that he has turned down a settlement and seems intent on it going to court is going to have big ramifications.
Behaviour of ministers has not been tested in court in this way.
It’s extraordinary that it’s got to this stage.
"I have been the target of a vicious and orchestrated briefing campaign"
Top civil servant in the Home Office, Sir Philip Rutnam, quits and says he intends to sue the government for constructive dismissal bbc.in/38dklJg
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Worth remembering, Geidt will have written a longer letter tendering his resignation. They always do.
But only a v short statement was released on gov.uk
What did the letter say, why didn’t No10 release it and how long before it leaks?
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You cannot have quasi ministerial roles. If Harding’s job means she is subject to civil service code then she cannot take the whip. Likewise if she is party political, say a Spad, she cannot be directing civil servants.
Govt need to clarify her status.
theguardian.com/politics/202…
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Won't be in headlines coming out of today's debate, but the measured, thoughtful tone of most of today's debate - even when disagreeing - has been good to see. And, as @jessphillips just suggested, its probably what public want to see, rather than the tribal warfare of PMQs.
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It is absolutely incredible how major a policy shift this is where there is no chance for Parliament to immediately ask questions of him and hold him to account.
Hoyle is right to be angry, this is extraordinary.
It’s the whole point of parliamentary accountability.
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UK govt: young people need to abide by social distancing rules or we are cancelling Christmas
Also UK govt: we are only breaking the law in a specific and limited way
#comms
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Letwin said yesterday’s vote was to give us ‘data’ on where people are at. Well we got lots of that. We can also see how much the splits are party oriented. You still have small number of MPs crossing the divide into Aye lobbies (bigger cross party agreements on No)
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So what does this mean for governing?
This is first time those opposed to Johnson know how many they are. It’s all been smoke and mirrors thus far. It may galvanise them.
That can mean huge challenges for legislation. Controversial issues become even harder.
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Out with mum.
She’s brought an election leaflet she got through the door to show me.
She has ringed the FOUR typos she has found in it.
She has now written to the particular Party’s HQ to complain.
She insists I tweet about it.
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As we saw yesterday, Parliament (Speaker) has strong means to act when ‘unparliamentary language’ is used.
It needs similarly strong mechanisms to tackle false claims.
It needs to be able to discuss misleading Parliament without falling foul of unparliamentary language rule
The smear made against Keir Starmer relating to Jimmy Saville yesterday is wrong & cannot be defended. It should be withdrawn. False and baseless personal slurs are dangerous, corrode trust & can't just be accepted as part of the cut & thrust of parliamentary debate.
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Whatever the result, David Cameron will be the only Conservative PM in the last 40 years who hasn’t faced a party leadership challenge while in office.
I’m not sure how this fact helps.
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Regardless of the final outcome, it is pretty uncomfortable position for the Palace.
HM acts on the Advice of her PM. For a court to rule that advice was unlawful, even if the ruling is later rejected, opens up qs about how that advice is given. She has to be able to trust No.10
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ok, thread on interim/ acting/ caretaker PMs/ governments.
TL;DR: there are rules. But, yet again, its based on convention.
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My first take on the govt’s statement on the ministerial code revisions and role of adviser on it, is it contains some wrongheaded constitutional thinking that reveals a worrying trend.
gov.uk/government/publicatio…
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I’m sending in a complaint about the quality of this Xmas market. No mulled wine, lots of parliamentary shenanigans, SANTA AWOL
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The real Sue Gray inquiry is the understanding of constitutional problems we’ve made along the way
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Ok folks here we go…
Constitutional points to note:
Parliament ceases to exist. MPs cease to be MPs. They cannot be recalled.
Ministers continue to be ministers and govt continues, albeit in caretaker mode.
But there is no Parliament until a new one is elected.
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This ruling is that it was the PM's advice to the Queen on prorogation is unlawful.
That does not (yet) change the prorogation itself. Though of course will add to pressure
Supreme Court on all this is next Tuesday.
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Mum wants to discuss options for Christmas.
She’s developed plan a, b and c depending on restrictions.
Each has different meal requirements/ menu options, timings for meals, and lead in times for shopping needs.
Mum also available to strategise U.K. covid response if needed.
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I may have become distracted by inserting Bernie meme into key British political moments from last few years.
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This means that all the bills dropped are not.
No Queen's Speech due
MPs can sit asap
Parliament returns in time to 9th September
Worth saying - this has never happened so Parliament is going to have to work out the procedures around it.
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The cake ambush was perhaps the one that seemed hardest to rule on. So fact that police have decided it did breach covid law suggests more fines coming for other events.
It also suggests that they are not at all viewing any of this as ‘work event’
No 10 confirms this FPN was issued for the June 19th PM birthday gathering. PM is also linked to up to another five events the Met is investigating. Sunak was only quizzed by the police over this single June 19 event
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Inquiry by @HoCPrivileges into whether Johnson misled Parl will continue regardless of Johnson's resignation: as it 'is into the question of whether the House was misled, and political developments are of no relevance to that'.
committees.parliament.uk/pub…
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CNN got their line clear on Trump comments before they went on the tv. Unlike some others....
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Headline writers:
Mutually Assured Destruction is actually about deterrence - an attack would mean annihilation for both, so you don’t.
The Cold War term you are looking for is ‘Nuclear Miscalculation’ which was about accidentally escalating because you misunderstood.
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This is so flawed.
-Queen's speech is not only means to bring new domestic legislation agenda
- It is Govt's 'desire' to do so, does not make prorogation a legal necessity
-you could prorogue for 3 days and achieve this
Official No 10 response
“We are disappointed by today’s decision, and will appeal to the UK Supreme Court. The UK Government needs to bring forward a strong domestic legislative agenda. Proroguing Parliament is the legal and necessary way of delivering this.”
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Anyone else in love with the desk tidy and that hole-punch?
Lady Hale bringing a strong ‘I live here. You are visiting’ look
ITVPolitics
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In 1996 they started 16 months out from *end of Parliament*
The 16 mth guideline continued through 2000s and in Dec 2008, Brown authorised them from Jan 2009.
It’s not about the election date.
Exclusive from @oliver_wright
Simon Case advised Rishi Sunak he should authorise pre-election talks between the civil service and Labour before taking a medical leave of absence
Sunak said to have rebuffed proposal from his cabinet secretary amid fears it would sent signal that an election is now imminent
Questions growing over whether Case will ever return to role
thetimes.co.uk/article/white…
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One of the typos was the actual candidate’s name
(I am to tweet this particular fact especially)
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Only in U.K. is the political fortunes of the PM judged on how hard people can slap furniture
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🔥🔥🔥
Furious Speaker threatens to run Matt Hancock ragged with a ‘UQ every day’ over his announcement of new Covid rules through press briefing rather than in the House.
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As someone has pointed out, it’s not clear what Cameron ‘resigned’ from. He had his ministerial role resigned in his behalf when Sunak resigned the premiership. The seals are now automatically handed back. There was no shadow cabinet until this one has been appointed.
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Having spent the entire day trying to explain the constitutional position of Raab deputising for the PM, it has been harder and harder to explain why the U.K. doesn’t have an acting or caretaker PM role.
It should.
instituteforgovernment.org.u…
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Currently preoccupied by the fact that Sunak was never an MP in opposition. Truss wasn’t either, though she came in as the party gained power.
I wonder how it affects your view of the role of Parliament.
Previous PM not to serve in opposition was John Major.
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Got to say, if i got a message saying 'there's no formal body issuing this money, its only me but i know where the money is coming from' my thoughts are either
a. the money is from him
b. the money is from him
c. wait have i got involved with the Sopranos?
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BBC announcement on Sedwill: ‘not something people will be discussing in the pub.... when they open’
Ahem.
Clearly never met @instituteforgov peeps in the pub then...
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Quite extraordinary. Case needs to remove himself from the investigation urgently.
But the 'fact-finding' needs to be report and do so soon - this just shows even more starkly how urgent it is that *someone* sets out the facts of what actually happened.
EXCL: Simon Case and team had a Christmas party on Dec 17 2020 at 5.30 pm in room 103 of the Cabinet Office. The digital calendar invites sent in advance called it "Christmas party!"
Raises serious questions about his investigation into No 10 parties
thetimes.co.uk/article/polic…
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Indeed. And if you were arguing this is not about Brexit then why not make it as short as possible and show you respect Parliament and believe it should be holding you to account during this critical period.
Except it’s not. As the @commonslibrary paper demonstrates, in the last 40 years Parlt has never been prorogued for more than 3 weeks; in most cases for only a week or less. This is not, as @JohnRentoul says a ‘short prorogation’: it’s unprecedented in terms of length and purpose
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Today discussing whether PM assented *before* Reynolds sent email.
It doesn’t really matter. PM reported to have been there. That means he found out it was happening. And he didn’t stop it. He went.
Others challenged the wisdom of the party. But he is in the person in charge.
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There are a *few* constitutional problems with this.
Main one is if he loses a VONC he loses his ability to be granted a dissolution since he has lost his majority.
But by all means force the Queen to explain basic constitutional premises to you….
Well-placed source convinced Boris Johnson won’t quit, even if the 22 change the rules, and he loses a VONC.
Instead, he’ll claim he has a mandate from 14m voters, and will threaten to force an election - but not before deselecting everyone who voted against him.
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Not a huge surprise that Case is stepping down.
Will be good if next PM has time to understand what they actually need from a Cab Sec and allows for a proper process.
Role’s not just chasing progress, it’s also leadership for service as a whole
thetimes.com/uk/politics/art…
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If you look at list of confidence motions - all sorts exist. Some have focused on both govt confidence and PM. eg this from 1965 tabled by Heath:
That this House has no confidence in Her Majesty’s
Government and deplores the Prime Minister’s conduct of the nation’s affairs.
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Still getting lots of questions about this.
Let's examine how it works.
If Johnson is ousted in a VONC, he is still PM. Until Conservatives appoint a new leader.
If he refused to recognise it you effectively have a party that has broken in two.
There are a *few* constitutional problems with this.
Main one is if he loses a VONC he loses his ability to be granted a dissolution since he has lost his majority.
But by all means force the Queen to explain basic constitutional premises to you….
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Many times writing about transitions in U.K. I’ve talked about how we and US can rely on ‘peaceful transition of power’ and feel like it’s too obvious and abstract, I’ve pondered how to even convey why that is important.
You start to take it for granted.
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This statement is accurate, the PM does solely advise on ministerial appts, and ministers hold office for as long as they have confidence of PM.
But it’s missing a key link. The PM ONLY holds that office while he has the confidence of Parliament.
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Lord Geidt up before @CommonsPACAC shortly answering all sorts of questions about the last six months in standards.
I'll do a thread on what he says and what that means.
parliamentlive.tv/Event/Inde…
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What to look out for from Supreme Court case at 10.30- a thread
See *plenty* lawyers on here for detailed commentary on the judgment. But first effect will be political: what will govt and opposition(s) be worrying about this morning? What does it mean for what happens next...
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Just can’t even.
Boris Johnson is apparently calling himself "big dog" – and there's an "operation" to save him huffingtonpost.co.uk/entry/b…
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There have been many examples of perm secs and ministerial relationships breaking down.
But there has always been an effort to try and resolve behind the scenes, move the perm sec or give them a paid exit route.
Rutnam’s decision may change all that.
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Managing a peaceful transition of power is a hallmark of democracy.
But the U.K. is unusual in some of its practices for how it manages transitions.
🧵 with a few reflections based on my many years of researching and observing transitions of government
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Unsustainable position now for No10, when Cabinet have abandoned you on the line to take and you’re undermining major health issue.
I now expect reverse course before PMQs, but q is how they now do that and who they decide should take the fall.
The big public health message that Sajid Javid was supposed to promote to millions of people on TV/radio this morning… but now won’t, due to the Christmas party story.
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A reminder that election of Speaker is due next Monday.
If today’s bill passes and MPs choose election 12 Dec (Gov view), current Parliament elect next Speaker
If MPs choose 9 Dec (LD/SNP), Parl dissolves Friday, Speaker elected when new Parliament meets.
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The relationship to Parliament is not just accountability and PMs do not just serve until the ballot box decides differently. The executive is formed out of the legislature. Not wholly separate on this.
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This is where it gets interesting.
We have no acting PM role. If Johnson remains, he is subject to the caretaker principles.
If his Party or Cabinet agreed on an interim successor, they are assumed to have the confidence of the party. They have full powers.
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This is not a good look. It’s for the new govt to critique the previous govt however they want. Officials *should* be showing they can 180 and support the new govt, they should not be joining in the critiques of the govt they served previously. Ministers should discourage it.
Another Home Office source said the “unseen costs” of Rwanda scheme may never be known, adding: “It’s an extraordinary amount of money for nothing"
Officials point out the perm sec asked for a ministerial direction because of value for money questions but it was forced through
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Guidance from Cabinet Office published.
Royal mourning applies to royal households and national mourning for govt and public bodies.
“There is no expectation on the public or organisations to observe specific behaviours during the mourning period”
gov.uk/government/publicatio…
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It was only a few weeks ago that Oliver Dowden declared the inquiry would ‘vindicate’ the PM.
PM’s defence was, extraordinarily it now seems, that others had ‘repeatedly assured’ him that no parties breached covid guidance.
Boris Johnson, asked today about his attendance with wife Carrie, said: "All that, as you know, is the subject of a proper investigation by Sue Gray."
Sources now believe Gray will have to interview PM who is believed to have been at four of the events she's looking into.
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Everyone v excited by prospect of December election - cold, dark nights, bad weather, students are... somewhere (no one knows).
Good news is thanks to Fixed-term Parliaments Act next election after this will be Dec 2024... and after that will be Dec 2029 and after... Happy Xmas!!
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When PM has lost confidence - which includes losing leadership of your party as well as resigning - you can stay to govern until a replacement is in place, and there is an expectation that you will do so if there is no alternative.
This is why Brown was not 'squatting' in 2010.
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Is it 30,000 words plus annexes or 30,000 including the annexes tho?
Cos i am warning now i take off marks when people try and get in under the word count limit by sticking it all in an annex.
Breaking:
The Privileges Committee report is... big
Told it comes in at nearly 30,000 words, with extensive annexes detailing evidence
Boris Johnson's latest response will be appended to the document with a response from the committee
It's expected to drop at 9am tomorrow
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The reason this matters is because of a growing desire to present PMs as being ultimately only dislodged by GE.
It’s true party leader plays big role in voting patterns. But that’s not a constitutional change.
If you want that, you would have to change a whole lot more.
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OK, so now being asked a lot about PM resignations and advice to the Queen. Not going to go back over all the complications of this, just set out what the Cabinet Manual says.
assets.publishing.service.go…
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That said, given the mood in Parliament, I would not put it past any MPs to turn up to work and try and test the judgement.
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Completely the opposite.
The police should show no discretion just because he’s PM.
Bizarre.
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If you want to say the PM is directly elected by the public then you would have to change the voting system and the system of govt.
FPTP is predicated on the idea of seat share determining who becomes PM. Directly elected PM means moving to vote share.
Is that what they want?
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More signs of Starmer prioritising competence over politics in appointments.
If he holds to it, it could send a very different signal to ministers about what they need to do to impress (deliver). And also to MPs wanting to become ministers.
instituteforgovernment.org.u…
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What is EU position on extension on basis of we are waiting for the plumber and they said they would definitely be there by 10am but it's 4.30pm and all the towels are drenched and it's too late to call the other plumber that your mate recommended?
Looks like the leak is pretty serious. The Commons has adjourned and the rest of the day’s business has been abandoned.
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With Geidt gone the PM will need to fill the min code adviser job. His MPs will want it so he can’t leave vacant indefinitely.
The whole system needs reform. But the PM has already ducked his chance on that.
If nothing else would like to see a woman do the role for a change.
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If PM does survive expect to see this repeatedly over next few months. He would have little political capital left and Cabinet thinking about future leadership contests, depts briefing against each other, backbench even harder to control…
EXC: @RishiSunak led pushback on @NadineDorries claim that the #BBCLicenceFee settlement would be "the last" -- @theresecoffey and @trussliz also weighed in after plan wasn't cleared through Cabinet. My @ft latest with @GeorgeWParker @Laura_K_Hughes /1
ft.com/content/6c7f9bfa-617e…
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People of the world. This is U.K. parliament at its finest. MP walks off with gold shiny thing, men in tights calmly take it off him and put it back. Everyone watching (including me) is like ‘WHAT?!? NOT THE MACE!!’
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I see my campaign for not using 'unparalleled' when there are parallels is going as well as my campaign to stop using 'unprecedented' when there are precedents.
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Much needed modernisation of employment conditions in civil service perhaps.
All employees should have protection and the right to challenge their working conditions in court.
The same as we have been seeing in the push for rights in Parliament.
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Ok I’m always here for the soap opera - endlessly fascinating.
BUT - the only person ultimately responsible for a dysfunctional No10 is the PM.
Why is he treated like an absentee in his own govt? If it’s because he is, THAT is the key story here.
Times's long read on a week of carnage in No 10
* Lord Frost told PM he was going only to be swayed by big Brexit job
* Oliver Lewis left, Ben Gascoigne almost quit & others are preparing to go
* Dan Rosenfield accused of cutting out political advisers
thetimes.co.uk/article/carri…
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If he is staying CDL, this is not a chief of staff.
Either he’s a chief of staff and CDL responsibilities will be neglected. Or he’s de facto deputy PM (despite Raab’s title) and you’re lacking a chief of staff.
COS role is about staffing PM. Clue is in the name.
BREAKING: Steve Barclay has been appointed the new Downing Street chief of staff. He will remain a minister and create a new Office of the Prime Minister across No 10 and the Cabinet Office, where he is now based. Sunday Times big read coming soon!
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Probably the result of poor institutional memory about how it works.
But yet another example of too many instances where social and other media is not separating official resources from party political.
Senior officials need to stamp it out. Esp in an election year
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Looks like we'll talking Cabinet Secretaries for the next little while.
The role is a complex mix of duties and different levers of power.
The late Jeremy Heywood went over his duties in a speech to @instituteforgov in 2015. He even had a pie chart of how he spent his time...
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The PM is certainly providing us with plenty of material to argue that the Ministerial Code is insufficient.
An Independent adviser empowered to undertake their own inquiries would help here, since PM could not avoid the judgement being official.
NEW: Labour not letting this one go. Further to No 10 saying Boris Johnson was referring to the Queen’s Speech as a whole @JonAshworth has written to the Prime Minister for a second time asking him to formally correct the record “in order to abide by the [ministerial] code.”
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The rules that apply are similar to those in place in an election campaign. You must deal with urgent business, crises, etc. We must have a functioning government. But you are expected to show discretion about business of a long-term character.
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Ultimately, with everything that has gone on there is a good chance the Queen has noticed that perhaps her PM is no longer wanted by the party who have a majority.
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What most people I’ve spoken to can’t get their head around is why the ‘isn’t this a bad idea/ how will this look?’ question asked by so many in No10 la over the years on so many issues was not asked at very top on this.
What's also very obvious is that some staffers thought it was a v bad idea at the time - a flavour of messages shared with us from when Reynold's email was sent - 'Um. Why is Martin encouraging a mass gathering in the garden?', another says, 'Is this for real?'
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Also, we are still working this out ourselves. So bear with me on my responses to the judgement.
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Now there’s lots of debate about dissolution principles, and various scenarios where Queen would have to grant.
But if Parliament indicated BY MAJORITY that they wanted a diff PM, that’s what Queen would listen to.
Because she does understand the constitution.
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Definitely political crisis. Also No.10 don't get to define constitutional crisis. That is only enacted when a quorum of online constitutional experts get together and deem it so. We will light the beacons when it happens.
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Wild predictions from me.
Don’t think ‘every single penny’ will get spent on the other projects. Cos that’s not how govt finance works.
And that taking Euston away from the current project team will end up costing more in longer-term. Cos that’s how govt major projects go.
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Incisive as ever from me.
Catherine Haddon, Institute for Government, tells @jonsnowC4: ‘I keep getting asked what will happen next, it's very difficult to know’
channel4.com/news/catherine-…
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It requires a minority govt mentality. What unites your opposition and what divides them? What policies can win wide support and do you have to change strategy for those that don’t?
It’s not going to be as simple as trying to buy them off with promised reshuffle
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To add, this does not mean prorogation will not be affected. But it has been prorogued. It can be recalled.
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Just been asked by @GavinFreeguard what will happen tomorrow...
My response: he may lose the vote, or he may win it. I think it might be close.
If he loses then I think it might lead to an eventual election
If he wins there is ‘still a lot to do’
I’m here all week folks
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