Boris Johnson’s chaotic time in office exposed weaknesses in the UK’s political system that have damaged public trust and the country’s international reputation, a major review has found.
A report by the Institute for Government (IfG) called for urgent reform following a tumultuous period which has seen MPs test or break constitutional principles – including the former prime minister.
It said the UK constitution – which refers to the rules and laws that establish and underpin a political system – was an outlier on the world stage because it lacked “a central, codified source” and rested on the concept of parliamentary sovereignty.
This means there has been a historic reliance on “self-restraint from political actors rather than legal checks”.
However recent events have shown the willingness of MPs to push those boundaries, raising questions about the adequacy of checks and balances to “constrain political power”, the report said.
It cited the “misdemeanours” of Mr Johnson as an example of how the effectiveness of current arrangements are vulnerable to being tested.
The report, co-authored by Cambridge University’s Bennett Institute for Public Policy, said: “Boris Johnson’s attempt to prorogue parliament, disregard for the Ministerial Code, willingness to break the law while in office and misleading of parliament were all examples of a prime minister who, in the words of his cabinet secretary, believed he had ‘a mandate to test established boundaries’.
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“Not all of his misdemeanours were unprecedented; but his premiership shone a light on existing problems within the UK’s governing arrangements, and heightened the concern that there has been a steady erosion of the tacit norms on which government in the UK rests.”
The 18-month review was supported by an advisory board including former Conservative ministers Sir Robert Buckland and Sir David Lidington, shadow leader of the House of Lords Baroness Smith of Basildon and former Labour Mayor of Liverpool Joanna Anderson.
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It said that within the wider global context of “deepening public suspicion of governmental institutions and heightened political polarisation”, events over the last decade “have placed the UK’s constitution under immense strain, underlining the urgent need for serious thinking about the nature and trajectory of the UK’s constitution”.
UK ‘facing crisis in institutions’
The report says: “The UK is facing a crisis in trust in politics and political institutions.
“Recent political instability has undermined the UK’s reputation as a stable democracy, damaging its international reputation and, as a consequence, its economic prospects.”
As a key example of the need for change, the report cites ministers’ previous willingness to override international law over the implementation of the Northern Ireland protocol.
Despite senior civil servants resigning, interventions from former prime ministers and concerns expressed by the international community, the legislation passed the House of Commons in just over a month, with not a single rebellion from the Conservative backbenches.
A series of recommendations for change include establishing a new parliamentary committee on the constitution, which should have the power to delay legislation.
The review also said parliament should have a more extensive scrutiny process for new constitutional bills to ensure proposals are “thoroughly tested and attract cross-party support”, alongside clarification on the role of the civil service and strengthening its capacity to give constitutional advice.
Integrating public engagement through citizens’ juries and assemblies was also recommended.
Director of the IfG Hannah White said: “Our recommendations are intended to ensure that any politician considering changing the UK constitution is supported with robust advice, and to ensure that the UK constitution is changed only with appropriate consideration and public support.”
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Two Labour-run councils are considering legal action to stop the use of hotels to house migrants in their areas after Epping council won a temporary injunction.
The leaders of Wirral and Tamworth councils both say they are considering their legal options in the wake of the Epping case, citing similar concerns about the impact of the hotels on their local communities.
Epping Forest District Council won an interim High Court injunction on Tuesday to stop migrants being housed at The Bell Hotel, after arguing its owners did not have planning permission to do so.
Paula Basnett, the Labour leader of Wirral council, said: “We are actively considering all options available to us to ensure that any use of hotels or other premises in Wirral is lawful and does not ride roughshod over planning regulations or the wishes of our communities.”
She added: “If necessary, we will not hesitate to challenge such decisions in order to protect both residents and those seeking refuge.”
Carol Dean, the Labour leader of Tamworth Borough Council, said she understands the “strong feelings” of residents about the use of a local hotel to house asylum seekers.
She pointed out that under the Labour government, the use of hotels has halved from 402 to 210, with the aim of stopping the use of any hotels by 2029.
But in light of the Epping case, she said “we are closely monitoring developments and reviewing our legal position”.
Image: Epping has been the focal point of protests against migrant hotels in recent weeks. Pic: Reuters
Badenoch backs more council rebellions
Other Tory councils are also being encouraged to follow Epping’s lead by party leader Kemi Badenoch.
She has sent a letter to all the councils they control, pledging her support for them to fight migrant hotels.
She wrote: “The Epping hotel injunction is a victory for local people led by a good Conservative council working hard for their community. This is the difference Conservatives in local government deliver. Real plans. Real action.”
Conservative-run Broxbourne Council has announced it is exploring its legal options.
The Reform UK leader of Kent County Council has also said she was writing to fellow leaders in Kent to explore whether they could potentially take legal action.
Image: Police officers ahead of a demonstration outside The Bell Hotel. Pic: PA
Government under pressure
The prospect of more rulings in favour of councils will leave ministers asking where else they might be able to house asylum seekers. Other options may include flats and ex-army bases.
The prime minister and the home secretary are under huge pressure to clear the asylum backlog and stop using hotels across the country to house those waiting for their applications to be processed.
Image: Keir Starmer and Yvette Cooper are under pressure to bring down small boat crossings. Pics: PA
Protests have sprung up at migrant hotels across the country. But The Bell Hotel in Epping became a focal point in recent weeks after an asylum seeker housed there was charged with sexually assaulting a 14-year-old girl.
The council sought an interim High Court injunction to stop migrants from being accommodated at the hotel, owned by Somani Hotels Limited, on the basis that using it for that purpose contravened local planning regulations.
The interim injunction demanded that the hotel be cleared of its occupants within 14 days, but in his ruling on Tuesday, Mr Justice Eyre granted the temporary block, while extending the time limit by which it must stop housing asylum seekers to 12 September.
Somani Hotels said it intended to appeal the decision. Its barrister, Piers Riley-Smith, argued it would set a precedent that could affect “the wider strategy” of housing asylum seekers in hotels.
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Asylum hotels: ‘People have had enough’
Epping hotel ‘sidestepped public scrutiny’
A government attempt to delay the application was rejected by the High Court judge. Home Office barristers had argued the case had a “substantial impact” on the government performing its legal duties to asylum seekers.
But Mr Justice Eyre dismissed the Home Office’s bid, stating that the department’s involvement was “not necessary”.
The judge said the hotel’s owners “sidestepped the public scrutiny and explanation which would otherwise have taken place if an application for planning permission or for a certificate of lawful use had been made”.
Reacting to Tuesday’s judgment, border security minister Dame Angela Eagle said the government will “continue working with local authorities and communities to address legitimate concerns”.
She added: “Our work continues to close all asylum hotels by the end of this parliament.”