Reimagining lawmaking: How to rebuild trust in parliament

All too often citizens are merely spectators as decisions are taken and laws are made in Westminster that shape their lives. This must change. People must feel that they have influence in the collective decision-making endeavour that is democracy. 

Fixing this is essential, not only to the task of making our politics more equal and fairer but also to the vital mission of restoring faith and trust in politics as a force for good. 

Political trust is essential to a well-functioning democracy, but it has declined sharply in the UK over recent decades. Almost half of people (46 per cent) now say they “almost never” trust governments of any party to act in the national interest ahead of their own party interests – an almost fourfold increase since 1986. We now live in an era of low trust politics which has contributed to lower political participation, weakened democratic legitimacy, and the growth of populism. 

Voters are losing faith in the key institutions central to our democracy, most notably parliament. Just one in five people feel that parliament as an institution effectively balances the interests of different groups, while most voters feel that governance in the UK needs substantial improvement. Compared with other European democracies, the UK ranks 13th out of 17 countries for trust in politicians and 16th out of 17 for trust in parliament, with only Greece in a worse position. 

The populist right has sought to respond to this. The Leave campaign’s slogan of ‘take back control’ reflected widespread feelings of democratic voicelessness. However, post-Brexit governments often used regained powers to centralise authority and limit parliamentary scrutiny rather than empower citizens . This has resulted in worse political decision-making and legislation, that has likely exacerbated public dissatisfaction with politics and politicians.

At present, the populist right is seeking to further capitalise on the lack of trust in politicians and parliament, advancing constitutional reform agendas that would consolidate power in fewer hands, weaken democratic law-making, and strip away vital checks and balances. 

Progressives cannot fail to respond to this and be left behind and, more damagingly, risk becoming the defenders of institutions that have plainly not been perceived to be delivering for citizens. Progressives must recover their interest in collective action when it comes to the ways in which our democratic institutions operate. 

This task must begin at the heart of democracy: in parliament. This will require significant transformation that both revitalises institutions and makes them more representative, responsive and legitimate in the eyes of citizens and, in turn, improves the standards of legislation that parliament produces. To begin this mission – to democratise law-making and rebuild political trust – this report makes the case for action in three key areas.

1. Rebuilding trust in lawmakers

A crucial task is rebuilding trust in lawmakers by improving accountability and limiting the influence of private interests in politics. This will raise standards, increase responsiveness, and give the public a greater say in representation. We recommend the following.

• Extending the right to recall giving voters the ability to remove any MP if they wish to do so.
• Improving the transparency of lobbying activities by extending the lobbying register and introducing new transparency requirements for both lobbyists and powerholders.
• Introducing a near total ban on second jobs for MPs.

2. Rebuilding trust in law-making institutions

Trust must also be restored in law-making institutions by improving parliamentary procedures and representation. Stronger scrutiny and more democratic processes are essential for good legislation. There is also a need to improve the representativeness of parliament, the composition of which significantly shapes outcomes. We recommend the following.

• Reforming how time is allocated in the House Commons to limit executive dominance and empower MPs.
• Restricting the use of delegated legislation and improving legislative scrutiny.
• Increasing working-class representation in the Commons through financial support and a legal ‘right to run’ for candidates. 
  Establishing a series of citizens’ assemblies on House of Lords reform and setting out a clear roadmap for change.

3. Extending the role of citizens in law-making

To increase the public’s influence over parliament and strengthen collective agency in our politics there is a clear need to enhance the voice of citizens in the functioning of parliament and the law-making process. We recommend the following.

• Improving and extending the citizen consultation process on legislation.
• Making the petitions system stronger and more meaningful.
• Significantly extending the use of citizens’ assemblies at the national level.